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COMMISSIONERS' ORDINANCE NO. O-05-21
AN ORDINANCE READOPTING THE CITY OF COVINGTON CODE OF ORDINANCES ENTITLED "COVINGTON CODE, 2021 EDITION" AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH.
WHEREAS, KRS § 83A.060 sets forth various requirements related to the adoption of ordinances and record keeping associated therewith; and
WHEREAS, pursuant to KRS § 83A.060, every action of the Board of Commissioners shall be made a part of the City's permanent records, and the City must maintain a record of its ordinances in the minute book or an ordinance book in the order adopted; and
WHEREAS, the City must also keep an indexed record of its ordinances in a composite index or maintained in a code of ordinances; and
WHEREAS, the City previously adopted a Code of Ordinances in 1984 and has supplemented annually this edition of the Code of Ordinances; and
WHEREAS, KRS § 83A.060(11) requires the City to examine its ordinances maintained in the code of ordinances for consistency with state law and with one another no less than every five (5) years to eliminate redundant, obsolete, inconsistent, and invalid provisions; and
WHEREAS, the City's Code of Ordinances, 1984 edition was most recently readopted to include the 2017 S-28 Supplement and all previously adopted supplements on August 22, 2017; and
WHEREAS, the City contracted with the American Legal Publishing Corporation to complete a review of its code of ordinances, which required a revision, recodification, rearrangement, renumbering, and consolidation into component codes, titles, chapters, and sections of the City's ordinances; and
WHEREAS, the City adopted ordinances in calendar years 2018, 2019, and 2020, but said ordinances have not been formally added to the 1984 edition through the typical supplementation process due to the pending review of the code of ordinances; and
WHEREAS, during the pendency of the review of the code of ordinances, the City has posted all adopted ordinances in a register on the City's website; and
WHEREAS, as part of the recodification project, American Legal Publishing Corporation has incorporated all legislation that was adopted since the readoption of Code of Ordinances, 1984 edition in 2017, including all ordinances that were adopted but not included in recent supplements through December 31, 2020; and
WHEREAS, the resulting recodification is known and designated as the "Covington Code, 2021 Edition"; and
WHEREAS, the City has adopted ordinances since December 31, 2020 that should be included in the Covington Code, 2021 Edition upon its adoption so that a more accurate code is established without a need for immediate supplementation; and
WHEREAS, staff recommends the readoption the City of Covington Code, 2021 Edition, which consists of titles 1, 3, 4, 5, 7, 9, 11, 13, and 15.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY
OF COVINGTON, KENTON COUNTY, KENTUCKY:
The City of Covington Code of Ordinances entitled "Covington Code, 2021 Edition," consisting of Titles 1 through 15, each inclusive, is hereby adopted.
All ordinances, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed.
Additions or amendments to the Code when passed in such form as to indicate the intention to make the same a part of the Code, and/ or any ordinance passed and adopted since December 31, 2020 but before the adoption of the Covington Code, 2021 Edition, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
If any section, subsection, paragraph, sentence, clause, phrase, or a portion of this ordinance is declared illegal or unconstitutional or otherwise invalid, such declaration shall not affect the remaining portions hereof.
This ordinance shall take effect and be in full force when passed, published, and recorded according to law.
Joseph U. Meyer /s/
Joseph U. Meyer, Mayor
Margaret M. Nyhan /s/
Margaret M. Nyhan, City Clerk
Passed: 3-23-21 (Second Reading)
3-9-21 (First Reading)