ADOPTING ORDINANCE

ORDINANCE NO. O2006-55

AN ORDINANCE ENACTING AND ADOPTING THE 2006 RECODIFICATION TO THE CODIFIED ORDINANCES OF THE CITY OF MIDDLETOWN OHIO AND DECLARING AN EMERGENCY.

   WHEREAS, American Legal Publishers Corporation of Cincinnati, Ohio has completed the recodification to the Codified Ordinances of the City of Middletown, which recodification contains all ordinances of a general and permanent nature, and any additional editing changes, enacted since the prior codification to the Codified Ordinances of the City of Middletown; and

   WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Codified Ordinances which are based on or make reference to section of the Ohio Revised Code; and

   WHEREAS, it is the intent of the Legislative Authority to accept these updated sections in accordance with the changes of the law of the State of Ohio; 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,

   NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Middletown, Butler/Warren Counties, Ohio that:

   Section 1

   The 2006 recodification of the Codified Ordinances of the City of Middletown as submitted by American Legal Publishing Corporation of Cincinnati, Ohio and on file with the Clerk of City Council, be and the same is hereby adopted by reference as if set out in its entirety.

   Section 2

   One book form copy of the 2006 recodification 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 Middletown, Ohio.

   Section 3

   Pursuant to Article IV, Section 5, of the City Charter, a copy of this ordinance shall be published one time in not more than two newspapers, printed and of general circulation in the City. As provided in such section, no further publication of this ordinance or of the 2006 recodification of the Codified Ordinances hereby adopted shall be required.

   Section 4

   All ordinances and resolutions or parts thereof which are in conflict or inconsistent with any provision of the new matter adopted in Section 2 of this ordinance are hereby repealed as of the effective date of this ordinance except as follows:

   (a)   The enactment of such sections and subsections 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, 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 purposes of revision and codification.

   (b)   The repeal provided above shall not affect any legislation enacted subsequent to February 7, 2006.

   Section 5

   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the public health, safety and general welfare, to wit: an up-to-date code of ordinances is needed to administer the affairs of the City and to enforce law and order, and shall take effect and be in force from and after its adoption.

   Robert Wells /s/

    Mayor

Adopted: July 18, 2006

Attest:   Betsy Parr /s/

      Clerk of the City Council