ADOPTING ORDINANCE

A RECODIFICATION ORDINANCE TO APPROVE, ADOPT AND ENACT THE 1981 CODIFIED ORDINANCES FOR THE CITY OF CLARKSBURG; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO DIRECT THAT THE STATUTORY REQUIREMENTS FOR THE CODIFICATION OF ORDINANCES BE COMPLIED WITH; TO ADD CERTAIN NEW MATTER WITHIN THE 1981 CODIFIED ORDINANCES BY INCORPORATING LANGUAGE FROM APPLICABLE STATE LAW FOR THE PURPOSE OF MAKING UPDATES IN CLARKSBURG MUNICIPAL LAW; AND TO ADOPT AND ENACT CERTAIN AMENDMENTS TO THE 1969 CLARKSBURG CITY CODE AT THIS TIME IN ORDER THAT SUCH MAY THEREAFTER APPEAR IN THE 1981 CODIFIED ORDINANCES GREEN-BOUND BOOK OF THE CITY OF CLARKSBURG BY APPROPRIATE ARTICLE AND SECTION.

   WHEREAS, the Council of the City of Clarksburg, West Virginia, has had the matter of recodification and general revision of the ordinances before it for some time;

   WHEREAS, it has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such recodification;

   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of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council;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 CITY COUNCIL OF THE CITY OF CLARKSBURG; that:

   Section 1. The ordinances of the City of Clarksburg, West Virginia, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, chapters, articles and sections are hereby approved, adopted and enacted as the Codified Ordinances of Clarksburg, West Virginia, 1981.

   Section 2. Pursuant to West Virginia Code 8-11-4(b):

   (a)    Notice of the proposed adoption of the Codified Ordinances shall be given by publication as provided in West Virginia Code 8-11-4(a)(2);

   (b)    One book-form copy of the Codified Ordinances shall be certified as correct by the Mayor and filed as a permanent record in the office of the City Clerk.

   Section 3. The provisions of this ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect as provided in Section 5 of this Ordinance. All ordinances and resolutions or parts thereof enacted prior to February 15, 1981, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance except as follows: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 the violation of any such legislative provisions, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provisions 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 February 15, 1981.

   Section 4. New legislative matters to be adopted as part of the 1981 Codified Ordinances, i.e. those matters which are not mere compilations of amendments, rearrangements, or consolidations pertaining to previously-enacted ordinances, are set forth by reference in original ordinance 81-10.

   Section 5. This Ordinance shall become effective from the date of its adoption.

   PASSED by the Council of the City of Clarksburg, West Virginia, on

FIRST READING this 2 day of April , 1981

   PASSED by the Council of the City of Clarksburg, West Virginia, on

SECOND and FINAL READING this 16 day of April, 1981.

/s/   Arch N. Benninger

    Mayor

ATTEST:

/s /    Mildred A. Zink

    City Clerk

Approved as to Form:

/s/    John L. DePolo

   City Attorney