ADOPTING ORDINANCE

ORDINANCE NO. 03-10-28-6

   AN ORDINANCE ADOPTING THE MUNICIPAL CODE FOR THE CITY OF ELK RIDGE, UTAH.

   WHEREAS, the City of Elk Ridge has a Municipal Code consisting of existing provisions and numerous amending ordinances; and

   WHEREAS, the City has commissioned Sterling Codifiers, Inc. to conduct a revision of the existing Municipal Code for the purpose of revision and consolidation; and

   WHEREAS, Sterling Codifiers, Inc. has prepared a revised and consolidated Municipal Code for the City; and

   WHEREAS, the City of Elk Ridge desires to adopt the municipal code prepared by Sterling Codifiers, Inc. and declare said Code to be the effective Municipal Code for the City of Elk Ridge; and

   WHEREAS, the notice of Public Hearing, which was published by the City Council contains specific advance notice that the proposed ordinance, as set forth herein, would be considered and that copies thereof were available for inspection in the city offices; and

   WHEREAS, the Elk Ridge City Council has determined that the adoption of this ordinance is necessary for the general welfare of the City and its inhabitants;

   NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ELK RIDGE CITY, UTAH, AS FOLLOWS:

SECTION I.

Part 1. From and after the date of passage of this ordinance, the City Code of the City of Elk Ridge, Utah, prepared by Sterling Codifiers, Inc., containing the compilation of all ordinances of a general nature together with the changes made to said ordinances, under the governing body of the City shall be accepted in all courts without question as the official code and law of the City as enacted by the Mayor and City Council.

Part 2. There is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplement service, provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of general and permanent nature amending, altering, adding or deleting provisions of the official City Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, one copy of which shall be maintained in the office of the City Recorder, certified as to correctness and available for inspection at any and all times that said office is regularly open for business.

Part 3. All ordinances of a general nature included in this official City Code shall be considered as a continuation of said ordinance provisions and the fact that some provisions have been deliberately eliminated by the governing body shall not serve to cause any interruption in the continuous effectiveness of ordinances included in said official City Code. All ordinances of a special nature, such as tax levy ordinances, bond ordinances, franchises, vacating ordinances and annexation ordinances shall continue in full force and effect unless specifically repealed or amended by a provision of the City Code. Such ordinances are not intended to be included in the official City Code.

Part 4. It shall be unlawful for any person, firm or corporation to change or amend by addition or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.

Part 5. All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed.

Part 6. This ordinance and the Code adopted by the same shall be recorded and shall be in full force and effect from and after its passage, approval and publication as provided by law.

SECTION II. Codification, Inclusion in the Code, and Scrivener's Errors

It is the intent of the City Council that the provisions of this ordinance be made part of the City Code as adopted, that sections of this ordinance may be re-numbered or re-lettered, that the word ordinance may be changed to section, chapter, or other such appropriate word or phase in order to accomplish such intent regardless of whether such inclusion in a code is accomplished, sections of the ordinance may be re-numbered or re-lettered. Typographical errors which do not affect the intent of this ordinance may be authorized by the City without need of public hearing by its filing a corrected or re-codified copy of the same with the City Recorder.

SECTION III. Severability

If any section, phrase, sentence, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION IV. Effective Date

The City Recorder shall deposit a copy of this ordinance in the official records of the City on November 17 , 2003, and before 5:00 p.m. on that same day, shall place a copy of this ordinance in three places within the City. This ordinance shall become effective at 5:00 p.m. on November 28, 2003.

Passed and duly adopted this 28 day of October , 2003.