ADOPTING ORDINANCE

ORDINANCE NO. 11-009

KOCHVILLE TOWNSHIP

SAGINAW COUNTY, MICHIGAN

ORDINANCE NO. 11-009

   AN ORDINANCE TO ADOPT A CODE OF ORDINANCES TO KOCHVILLE TOWNSHIP REVISING, AMENDING, RESTATING, CODIFYING, RE-CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF KOCHVILLE TOWNSHIP DEALING WITH SUBJECTS EMBRACED IN SAID CODE

   WHEREAS, the present general and permanent ordinances of Kochville Township are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and

   WHEREAS, the Legislature of the State of Michigan, pursuant to Section 6 of Act 246 of 1945, as amended, MCL § 41.186, empowered and authorize Kochville Township to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

   WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date; and

   WHEREAS, the Township Board of Kochville Township has authorized a general compilation, revision, codification and re-codification of the ordinances of Kochville Township of a general and permanent nature and publication of such ordinances in book form.

   NOW, THEREFORE, KOCHVILLE TOWNSHIP ORDAINS:

SECTION 1: The general ordinances of Kochville Township as revised, amended, restated, codified and compiled in book form are hereby adopted as and shall constitute the “Kochville Township, Michigan, Code of Ordinances.”

SECTION 2: Such Code of Ordinances as adopted in Section 1 shall consist of the Titles as shown on the Table of Contents attached hereto.

SECTION 3: All prior ordinances pertaining to the subjects treated in such code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and re-ordained in whole or in part in such code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places, nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

SECTION 4: Said code shall be deemed published as of the date of this ordinance adopting and approving the Code of Ordinances as published in a newspaper of general circulation and the Clerk of Kochville Township is hereby authorized and directed to file a copy of said code in the Office of the Township Clerk.

SECTION 5: Such Code shall be in full force and effect as provided in Section 8, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded and approved and that any public hearings and notices thereof as required by law have been given.

SECTION 6: The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

SECTION 7: All ordinances or part of Ordinances of Kochville Township inconsistent or in conflict with this Ordinance are repealed.

SECTION 8: This Ordinance will become effective thirty (30) days after publication in a paper of general circulation in Kochville Township.

SECTION 9: A copy of this Ordinance can be obtained from the Clerk of Kochville Township at the offices of the Kochville Township located at 5851 Mackinaw Road, Saginaw, Michigan.

SECTION 10: This Ordinance upon adoption is ordered to be given publication as required by law.

   Motion by Clerk Hill, seconded by Supervisor Loiacano to adopt Ordinance No. 11-009.

   Roll Call Vote:

      Yes    Trustee Ferrell

      Yes    Trustee Thon

      Yes    Treasurer Yanca

      Yes    Clerk Hill

      Yes    Supervisor Loiacano

   The foregoing Ordinance was duly adopted at a regular meeting of the Kochville Township Board held on the 17th day of January, 2012.

                           Supervisor of Kochville Township

                           Clerk of Kochville Township

STATE OF MICHIGAN }

            } ss

COUNTY OF SAGINAW }

   I, Sheila Hill, Clerk of Kochville Township, do hereby certify the foregoing is a true and complete copy of an ordinance adopted by the Kochville Township Board, acting in Saginaw County, at a regular meeting held on January 17, 2012, and that public notice of said meeting was given pursuant to Act 267 of the Michigan Public Acts of 1976, as amended, including in the case of a special or rescheduled meeting, notice by publication or posting at least eighteen (18) hours prior to the time set for the meeting.

                           Printed Name: Sheila Hill

                                 Its: Clerk