ADOPTING ORDINANCE

ORDINANCE NO. 74-86

   OFFERED BY: Mayor Rogers

   AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER; AND TO DECLARE AN EMERGENCY

   WHEREAS, the Council of the Village of Hudson, 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 Justinian Publishing 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codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are now before the Council;

   NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Hudson, Summit County, Ohio:

Section 1. That the ordinances of the Village of Hudson, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, adopted and enacted as the Codified Ordinances of Hudson, Ohio, 1974, save and except for any parts, titles, chapters, sections or portions of same manifestly erroneous, the result of typographical error or other manifest error clearly and unequivocally contrary to the intent of Council. In such event, the ordinances or State law or other law or regulation from which the same was extracted shall be consulted to determine the true intention of Council and any such portion noted shall be reprinted without additional charge by The Justinian Publishing Company.

   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 records of the Village of Hudson, Ohio.

Section 2. All ordinances and resolutions or parts thereof enacted prior to November 17, 1974, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this ordinance, except as follows: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 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 November 17, 1974.

Section 3. Any section or subsection of the 1974 Codified Ordinances without a legislative history or with the words "Adopting Ordinance" at the end thereof is or contains new matter ordained by this Adopting Ordinance, and a summary of such new matter, a copy of said summary being attached hereto and made a part hereof, shall be published in the manner required by Ohio Revised Code Section 731.23.

Section 4. Pursuant to Section 3.05(c) of the Village Charter and Section 222.01 of the Codified Ordinances, the Clerk of Council shall cause this ordinance to be published by title only in one newspaper of general circulation in the Village.

Section 5. This Ordinance is hereby determined to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare by reason of the need to establish a codification of the Ordinances of the Village of Hudson as the same affects the day to day operation of the Municipality and, therefore, shall go into effect immediately upon its passage, provided it receives five (5) votes from the members of Council elected thereto; otherwise it shall be in full force and effect from and after the earliest period allowed by law.

PASSED: December 27, 1974            /s/   Edward T. Scott, Jr.

                        Edward T. Scott, Jr.

                        President of Council

ATTEST:

/s/   Mildred M. Allen 

   Mildred M. Allen

   Clerk of Council

   I, certify that the foregoing Ordinance was duly passed by the Council of the said Village on December 27, 1974.

                        /s/   Mildred M. Allen

                        Mildred M. Allen

                        Clerk of Council