ADOPTING ORDINANCE
DATE: February 18, 1985
CITY OF MASSILLON, OHIO
ORDINANCE NO. 37-85
AN ORDINANCE TO APPROVE, ADOPT AND RE-ENACT THE CODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER, AND DECLARING AN EMERGENCY, AS AMENDED.
WHEREAS, the Council of the City of Massillon, Ohio, has had a 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codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before Council;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Massillon, Ohio:
Section 1:
That the ordinances of the City of Massillon, 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 reenacted as the Codified Ordinances of Massillon, Ohio, 1985.
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 City of Massillon, 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enacted prior to January 6, 1985, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance, except as follows: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 be so 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 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 modification.
(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 or 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 January 6, 1985.
Section 3:
That pursuant to Ohio R.C. 731.21 and 731.23 the Clerk of Council shall cause to be published in a manner required by law this Adopting Ordinance together with a summary of the new matter contained in the codification adopted hereby.
Section 4:
Wherefore this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety, convenience and welfare of the City of Massillon and the inhabitants thereof, for the reason that there exists an imperative necessity for the earliest publication and distribution of the Codified Ordinances to the officials and residents of the City, so as to facilitate administration, daily operation and avoid practical and legal entanglements, it shall take effect and be in force immediately upon its passage.
PASSED IN COUNCIL THIS 18th DAY OF February , 1985.
ATTEST: Mary Ann Coyne Robert E. Mang Clerk of Council President of Council Delbert A. Demmer Mayor |