ADOPTING ORDINANCE

ORDINANCE NO. 2451

AN ORDINANCE OF THE CITY OF ERLANGER IN KENTON COUNTY KENTUCKY ADOPTING BY REFERENCE THE CODIFICATION OF ERLANGER ORDINANCES PREPARED AND PUBLISHED BY AMERICAN LEGAL PUBLISHING CORPORATION.

   WHEREAS, KRS 83A.060(8) authorizes all ordinances of a city other than those relating to the city budget, appropriations of money and tax levies to be maintained in a code of ordinances; and

   WHEREAS, the City of Erlanger maintains the ordinances thereof in a code of ordinances pursuant to the authority of KRS 83A.060(8); and

   WHEREAS, KRS 83A.060(11) requires the code of ordinances to be examined at least once every five years for consistency with state law and one another and to be revised to eliminate redundant, obsolete, inconsistent and invalid provisions; and

   WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio has for many years maintained the Erlanger Code of Ordinances through periodic supplementation thereof to include ordinances enacted during that period; but had not conducted the examination required by KRS 83A.060(11); and

   WHEREAS, in 2015, the City of Erlanger contracted with American Legal Publishing Corporation to conduct the examination required by KRS 83A.060(11) and prepare a revised Erlanger Code of Ordinances in which redundant, obsolete, inconsistent and invalid provisions have been eliminated and the provisions thereof are consistent with state law and one another; and

   WHEREAS, American Legal Publishing Corporation has completed that examination and revision; and a copy thereof entitled Erlanger Code of Ordinances with a 2017 copyright is attached hereto and incorporated herein by reference; and

   WHEREAS, KRS 83A.060(5) authorizes the Erlanger City Council to adopt the provisions of any local codification of entire bodies of local legislation by an ordinance that identifies the subject matter by title, source and date and incorporates the adopted provisions by reference without setting them out in full, if a copy accompanies the adopting ordinance and is made a part of the permanent records of the city

   NOW, THEREFORE, be it ordained by the City of Erlanger, in Kenton County Kentucky as follows:

Section 1.0 – Copy a Part of the Permanent Records of the City

   Pursuant to the requirements of KRS 83A.060(5), this ordinance is accompanied by a copy of the Erlanger Code of Ordinances published by American Legal Publishing Corporation of Cincinnati, Ohio, with a 2017 copyright; and it is hereby made a part of the permanent records of the City of Erlanger and shall be maintained in the office of the City Clerk.

Section 2.0 – Adoption by Reference

   Pursuant to the authority of KRS 83A.060(5), the provisions of the Erlanger Code of Ordinances that accompanies this ordinance are hereby incorporated herein by reference and adopted as if fully set forth herein, including, without limitation, all additions to and deletions from the current ordinances of the City.

Section 3.0 – Provisions Severable

   The provisions of this ordinance and the codification adopted thereby are severable; and the invalidity of any provision of this ordinance or that codification shall not affect the validity of any other provision of this ordinance or that codification; and such other provisions shall remain in full force and effect as long as they remain valid in the absence of those provisions determined to be invalid.

Section 4.0 – Conflicting Ordinances Repealed

   All previous ordinances or parts of ordinances in conflict with the provisions of this ordinance or the codification adopted hereby are hereby repealed to the extent of such conflict.

Section 5.0 – Effective Date

   This ordinance shall be effective as soon as possible according to law.

Section 6.0 – Publication

   This ordinance shall be published in summary pursuant to K.R.S. 83A.060 (9).

                                    Tyson Hermes /s/

                                    TYSON HERMES, Mayor

                                    Date: 6/6/17

   CERTIFICATION

   The undersigned, Sherry Hoffman, City Clerk of the City of Erlanger, in Kenton County, Kentucky, hereby certifies as follows:

   1.   The foregoing Ordinance No. 2451 was introduced in writing and read to the City Council for the City of Erlanger at regular or special meetings thereof on the 2nd day of May, 2017, and at which quorums were present; and said ordinance was enacted by the City Council of the City of Erlanger upon the affirmative vote of at least a majority of a quorum thereof, at the meeting thereof on the 6th day of June, 2017, with the vote of each member of the City Council entered upon the official record of such meeting; and

   2.   After the passage and adoption of the foregoing Ordinance by the City Council of the City of Erlanger, it was submitted to the Mayor of the City of Erlanger who approved said Ordinance by affixing his signature thereto within ten (10) days after the submission thereof to him; and

   3.    The foregoing Ordinance was published on the 15th day of June, 2017, in THE KENTUCKY ENQUIRER, a newspaper qualified therefore, pursuant to the provisions of K.R.S. Chapter 424.

                                    Sherry Hoffman /s/

                                    Sherry Hoffman

                                     City Clerk