Adopting Ordinance

ORDINANCE NO. 608

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE TOWN OF MIDDLEBURY, INDIANA, CODIFYING, REVISING REARRANGING, AND COMPILING CERTAIN OF ITS EXISTING GENERAL ORDINANCES, ORDERS, AND RESOLUTIONS AND DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES

   WHEREAS, Indiana Code 36-1-5-3 requires the legislative body of a unit to codify, revise, rearrange, and compile the ordinances of the unit into a complete, simplified code excluding formal parts of the ordinances;

   WHEREAS, the Town Council of the Town of Middlebury, Indiana, has authorized a general codification, revision, rearrangement, and compilation of the ordinances of the Town of Middlebury of a general and permanent nature, along with certain order's and resolutions of a general and permanent nature, and have authorized publication of the same as a complete, simplified code in book and electronic form;

   NOW, THEREFORE, BE IT ORDAINED, ORDERED AND ESTABLISHED by the Town Council of the Town of Middlebury, Indiana as follows:

   1.   The general ordinances, orders, and resolutions of the Town of Middlebury, Indiana as codified, revised, rearranged, and compiled in book form, including the 2018 S-1 Supplement, as attached hereto are hereby adopted as and constitute the “Middlebury, Indiana, Code of Ordinances” which may also be referred to by the shorter title of the “Middlebury Town Code.” Two copies of the Middlebury Town Code will be on file in the office of the Middlebury Clerk-Treasurer for public inspection. The Middlebury Town Code may also be made available electronically, including online.

   2.   The Middlebury Town Code as adopted herein consists of the following titles:

      Title I      General Provisions

      Title III   Administration

      Title V      Public Works

      Title VII   Traffic Code

      Title IX   General Regulations

      Title XI   Business Regulations

      Title XIII   General Offenses

      Title XV   Land Usage

   3.   All prior ordinances, orders, and resolutions of a general and permanent nature pertaining to the subjects contained in or covered by the Middlebury Town Code are deemed repealed from and after the effective date of this Ordinance except as they are included and reordained in whole or in part in the Middlebury Town Code, and except that:

      a.   This repeal does not affect any offense committed, penalty incurred, or right established prior to the effective date of this Ordinance;

      b.   This repeal does not affect the provisions of ordinances, orders, or resolutions levying taxes; appropriating money; approving budgets; creating funds; annexing or disannexing territory; establishing precincts; establishing franchises, licenses, or leases, or granting special rights to certain persons; authorizing public improvements; authorizing the issuance of bonds or borrowing of money; authorizing tax sales and the purchase or sale of real or personal property; granting or accepting easements; platting or dedicating land to public use; or vacating or setting the boundaries of streets or other public places;

      c.   This repeal does not affect any ordinance, order, or resolution of a temporary or special nature; and

      d.   This repeal does not affect any ordinance, order, or resolution pertaining to subjects not contained in or covered by the Middlebury Town Code.

   4.   The Middlebury Town Code will be filed in the office of the Middlebury Clerk-Treasurer.

   5.   The Middlebury Town Code is in full force and effect, and the Middlebury Town Code constitutes presumptive evidence in any and all legal proceedings and places:

      a.   Of the provisions of the Middlebury Town Code;

      b.   Of the date of adoption of the Middlebury Town Code;

      c.   That the Middlebury Town Code has been properly signed, attested, recorded, and approved; and

      d.   That any public hearings required have been held, with any notices required given.

   6.   The Middlebury Town Code as adopted herein, and as supplemented by the 2018 S-1 Supplement, is limited to legislation passed through February 19, 2018.

   7.   To the extent any errors or omissions exist in the Middlebury Town Code as adopted herein with respect to typographical, spelling, grammar, punctuation, or any inconsistency with the underlying legislation serving as the source material for the Middlebury Town Code, the underlying legislation serving as the source for the Middlebury Town Code may be examined to make the necessary correction in the Middlebury Town Code regardless of any repeal or deemed repeal of the underlying legislation with the adoption of the Middlebury Town Code as originally adopted or subsequently amended.

   ORDAINED AND ADOPTED this 18st day of June, 2018.

                                 TOWN COUNCIL OF THE TOWN OF

                                 MIDDLEBURY, INDIANA

                                 By: \s\ Gary L O’Dell

                                 Gary L. O’Dell, President

ATTEST:

By: \s\ Peggy A Hutchinson

Peggy A. Hutchinson, Middlebury Clerk-Treasurer