ADOPTING ORDINANCE NO. 11-002
      AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE 2010 CODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; AND TO DIRECT THAT THE STATUTORY REQUIREMENT FOR THE CODIFICATION OF ORDINANCES BE COMPLIED WITH.
   WHEREAS, the Council of the City of New Cumberland, West Virginia, has contracted for professional services in revising and codifying the City's ordinances;
   WHEREAS, the codification and revision of such ordinances has been completed;
   NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NEW CUMBERLAND, THAT:
   Section 1.  The ordinances of the City of New Cumberland, West Virginia, of a general and permanent nature, as revised, codified, rearranged and consolidated into component codes, chapters, articles and sections are hereby approved, adopted and enacted as the Codified Ordinances of New Cumberland, West Virginia, 2010.
   Section 2.  Pursuant to West Virginia Code 8-11-4(b):
   (a)   Notice of the proposed adoption of the Codified Ordinances shall be given by publication as provided in West Virginia Code 8-11-4(a)(2);
   (b)   One book-form copy of the Codified Ordinances shall be certified as correct by the Mayor and filed as a permanent record in the office of the City Clerk.
   Section 3.  The provisions of this Ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect as provided in Section 4 of this Ordinance.  All ordinances and resolutions or parts thereof enacted prior to December 1, 2010, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance, except as follows: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 of liability.  Such enactment shall not be construed to relieve any person from punishment for an act committed in the violation of any such legislative provisions, 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 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 of 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 December 1, 2010.
   (c)   The duly adopted zoning ordinance of the City of New Cumberland, as in effect at the date of the adoption hereof, shall remain in full force and effect and shall not be affected by the adoption of this Ordinance.
   Section 4.  This Ordinance was read and accepted by first reading at a regular meeting of the City Council of the City of New Cumberland, held on 18th day of January 2011 and will become effective upon second reading and adoption oat a regular meeting of said Council to be held on the 7th day of February, 2011.
                     /s/   Joseph J. Sargent                           
                        Mayor
/s/   Tammy Jenkins                                 
   Clerk of Council
CONTENTS
PRELIMINARY UNIT
               Comparative Section Table
               Tables of Special Ordinances
CODIFIED ORDINANCES OF NEW CUMBERLAND, WEST VIRGINIA
      CHARTER