ADOPTING ORDINANCE

ORDINANCE NO. 79-0-31

AN ORDINANCE ENACTING THE CODIFIED ORDINANCES OF MENTOR-ON-THE-LAKE, OHIO, 1979, REPEALING ORDINANCES IN CONFLICT THEREWITH, PUBLISHING THE ENACTMENT OF NEW MATTER, AND DECLARING AN EMERGENCY.

   WHEREAS, Council has had the matter of codification and general revision of the legislation 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codification of such legislation, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council.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 Mentor-on-the-Lake, Ohio:

   SECTION 1. That the ordinances and resolutions of the City of Mentor-on-the-Lake, Ohio, of a general and permanent nature, as revised, codified, arranged and consolidated into component codes, titles, chapters and sections, are hereby approved, adopted and enacted as the Codified Ordinances of Mentor-on-the-Lake, Ohio, 1979.

   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 Mentor-on-the-Lake, Ohio.

   SECTION 2. That all ordinances and resolutions or parts thereof which are inconsistent or in conflict with any provision of the Codified Ordinances are hereby repealed as of the effective date of this ordinance, except as follows: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 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 or to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purposes 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 bond, obligation or other instrument 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; or

      (10)   Any legislation enacted subsequent to September 10, 1979.

   SECTION 3. That all sections and subsections of the Codified Ordinances without a legislative history or with the words "Adopting Ordinance" at the end thereof are or contain new matter ordained by this Adopting Ordinance.

   SECTION 4. That pursuant to Ohio R. C. 731.25(A) and Section 212.01 of the Codified Ordinances, the Clerk of Council shall cause this ordinance to be posted for not less than fifteen days after passage in the five public places provided in Section 212. 01.

   SECTION 5. That all formal actions of this Council concerning the passage of this ordinance were adopted in an open meeting, and that all deliberations of this Council, or any of its committees, which resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Ohio R. C. 121.22.

   SECTION 6. This ordinance is hereby declared to be and is passed as an emergency measure, the emergency being the need to have an up to date code of laws with which to govern and administer the affairs of the City. Such ordinance is necessary for the immediate preservation of the public peace, health, safety and welfare of the City and shall be in full force and effect immediately upon its passage by Council and approval by the Mayor.

ADOPTED: October 23, 1979   /s/ Franklin T. Stroud    
               PRESIDENT OF COUNCIL

ATTEST: /s/ Jennifer Turner      /s/ Neil H. Crookshanks
   Clerk of Council      MAYOR