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ADOPTING ORDINANCE NO. 76-91
By: Council as a whole
AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH A NOTICE OF SUCH CODIFICATION, AND DECLARING AN EMERGENCY.
WHEREAS, the Council of the City of Heath, Ohio, has had the matter of codification and general revision of the ordinances before it for some time, and
WHEREAS, it has heretofore entered into a contract with The Walter H. Drane Company to prepare and publish such codification, and
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codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council; now, therefore,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 CITY OF HEATH, STATE OF OHIO:
SECTION 1. That the ordinances of the City of Heath, Ohio, of a general and permanent nature, as revised, codified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, adopted and enacted as the Codified Ordinances of Heath, Ohio, 1991.
One book-form copy of the Codified Ordinances shall be certified as correct by the Mayor and the Clerk of Council, attached to this ordinance as a part hereof, and filed with the permanent ordinance records of the City of Heath, Ohio.
SECTION 2. That the provisions of this ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect from and immediately after passage of this Ordinance and its approval by the Mayor. All ordinances and resolutions or parts thereof enacted prior to September 16, 1991, which are inconsistent with any provisions of the Codified Ordinances, are hereby repealed as of the effective date of this ordinance, except as follows: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 provision 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 violation of any such legislative provision, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provision 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 September 16, 1991.
SECTION 3. That the Clerk of Council, pursuant to City Charter Section 4.15, shall cause a notice of the proposed codification and publication of ordinances in book form to be published one time in the appropriate newspaper at least seven days prior to the final approval thereof by Council, and that no further publication shall be necessary.
SECTION 4. That this ordinance is hereby declared to be an emergency measure necessary to the preservation of the public peace, health, safety and welfare, the immediate emergency being the necessity for the earliest publication and distribution of the Codified Ordinances to the officials and citizens of the City, so as to facilitate administration, daily operation and avoid practical and legal entanglements, therefore pursuant to City Charter Section 4.08 this ordinance shall be in full force and effect from and after the earliest period allowed by law.
Passed: November 18, 1991
Attest:/s/ Eugene M. Bushong
Clerk of Council
/s/ Cledys E. Henry
President of Council
/s/ John C. Geller
Approved as to form: /s/ Richard S. Bindley
Director of Law
CODIFIED ORDINANCES OF HEATH, OHIO