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AN ORDINANCE TO ADOPT THE 2006 CODIFIED ORDINANCES; TO ADOPT NEW MATTER; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; AND TO DIRECT THAT THE STATUTORY REQUIREMENTS FOR THE CODIFICATION OF ORDINANCES BE COMPLIED WITH.
WHEREAS, the Council of the Town of Fayetteville, Fayette County, West Virginia has deemed it necessary to codify the Town ordinances of a permanent and general nature;
WHEREAS, it has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such codification;
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codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council;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 TOWN OF FAYETTEVILLE, FAYETTE COUNTY, WEST VIRGINIA, AS FOLLOWS THAT:
Section I: The ordinances of the Town of Fayetteville, Fayette County, West Virginia, of a general and permanent nature, as revised, codified, rearranged and consolidated into component codes, chapters, articles and sections are hereby approved, adopted and enacted as the Codified Ordinances of Fayetteville, West Virginia, 2006.
Section II: 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) Through authentication of this Ordinance the Mayor shall certify the 2006 Fayetteville Codified Ordinances which shall be filed as a permanent record in the office of the Town Recorder.
Section III: The provisions of this Ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect as provided by law. All ordinances and resolutions or parts thereof enacted prior to November 1, 2006, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance except as follows: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 any 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 codification.
(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 November 1, 2006.
Section IV: This Ordinance shall become effective from and after its date of passage.
The first reading of this Ordinance by Town Council was the 2nd day of November, 2006.
The second reading and approval of this Ordinance to adopt the new Codified Ordinances:
7th day of December, 2006.
/s/ James F. Akers
/s/ Charles Jones
CODIFIED ORDINANCES OF FAYETTEVILLE, WEST VIRGINIA