ADOPTING ORDINANCES

ORDINANCE NO. 9-81

AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER, AND DECLARING AN EMERGENCY.

   WHEREAS, the Council of the Village of Newcomerstown, Ohio, has had the 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codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council,

   NOW THEREFORE, BE IT ORDAINED, by the Council of the Village of Newcomerstown, State of Ohio, as follows:

   Section l: That the ordinances of the Village of Newcomerstown, 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 enacted as the Codified Ordinances of Newcomerstown, Ohio, 1981.

   One book-form copy of the Codified Ordinances shall be certified as correct by the Mayor and the Clerk-Treasurer, attached to this Ordinance as a part hereof, and filed with the permanent ordinance records of the Village of Newcomerstown, Ohio, 1981.

   5ection~2: That the provisions of this Ordinance, induding 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enacted prior to February 1, 1981, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance, except as follows: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               (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, 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 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 February 1, 1981.

   Section 3: That the Clerk-Treasurer, pursuant to Ohio R. C. 731. 23, shall cause to be published in a manner required by law a summary of the new matter contained 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 health, safety and welfare of the residents of the Village of Newcomerstown and for the further reason that there exists an imperative necessity for the earliest publication and distribution of the Codified Ordinances to the officials and residents of the Village, so as to facilitate administration, daily operation and avoid practical and legal entanglements, and provided that it receives the affirmative vote of two-thirds of the members elected to Council, it shall take effect and be in full force from and immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in full force from and after the earliest period allowed by law.

   Passed this 16th day of March 1981.

                           APPROVED:

                              Charles E. Holdsworth

                              Mayor, Village of Newcomerstown

ATTEST:

Wendell J. Yanai Jr.

Clerk-Treasurer

APPROVEDASTO FORM:

Thomas R. Little

Solicitor