ADOPTING ORDINANCES

ORDINANCE NO. 77-14

BY: Porter, Forgrave, Hand      

AN ORDINANCE APPROVING, ADOPTING AND ENACTING THE CODIFIED ORDINANCES OF NEWARK, OHIO, REPEALING ORDINANCES IN CONFLICT THEREWITH, PUBLISHING THE ENACTMENT OF NEW MATTER, AND DECLARING AN EMERGENCY.

WHEREAS, the Council of the City of. Newark, Ohio, has had the matter of recodification and general revision of the ordinances before it for some time; and,

WHEREAS, it has heretofore entered into a contract with The Justinian Publishing Company to prepare and publish such recodification; and,

WHEREAS, the recodification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council; now, therefore,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 NEWARK, COUNTY OF LICKING AND STATE OF OHIO:

Section 1.   That the ordinances of the City of Newark, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, adopted and enacted as the Codified Ordinances of Newark, Ohio, 1976.

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 Newark, Ohio.

Section 2.   That all ordinances and resolutions or parts thereof enacted prior to April 18, 1976, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this ordinance, except as follows: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 not be 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 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 purpose of revision and recodification.

      (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 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 April 18, 1976.

Section 3.   That pursuant to Ohio R. C. 731.23, the Clerk of Council shall publish, in a manner required by law, a notice of the enactment of this ordinance, containing the title of this ordinance, together with a summary of the new matter contained in the Codified Ordinances hereby adopted, a copy of which summary is attached hereto. All sections and subsections of the Codified Ordinances with the words "Adopting Ordinance" or with no history at the end thereof are new matter in the Codified Ordinances.

Section 4.   That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety; the emergency being the necessity of having an up-to-date Code of laws with which to administer the affairs of the City and to insure law and order, and, as such, this ordinance, and the Codified Ordinances hereby adopted, shall take effect and be in force from and after its passage and approval by the Mayor.

PASSED THIS 7th DAY OF February , 1977.

            /s/ Phil E. Resta       

            PRESIDENT OF COUNCIL

ATTEST: /s/ Dorothy A. Houdeshell       

    CLERK OF COUNCIL

DATE FILED WITH MAYOR: February 8, 1977

DATE APPROVED BY MAYOR: February 8, 1977

/s/ Richard E. Baker       

MAYOR

APPROVED AS TO FORM: /s/ Robert F. Hendricks       

            CITY SOLICITOR