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ADOPTING ORDINANCE NO. 69-74
AN EMERGENCY ORDINANCE ADOPTING AND ENACTING THE CODIFIED ORDINANCES OF THE CITY OF OLMSTED FALLS AS PUBLISHED BY JUSTINIAN PUBLISHING COMPANY; REPEALING PRIOR ORDINANCES IN CONFLICT THEREWITH; AND DECLARING THE ENACTMENT OF NEW MATTER.
WHEREAS, the Council of the City of Olmsted Falls, Ohio, has thoroughly reviewed the matter of codification and general revision of the ordinances of the City; and
WHEREAS, a contract has heretofore been executed with the Justinian Publishing Company to prepare and publish such codification; and
WHEREAS, the codification of ordinances, the repeal of prior inconsistent ordinances and the addition of new matter are now ready for adoption by Council; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OLMSTED FALLS, OHIO, THAT:
Section 1. The ordinances of the City of Olmsted Falls, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections by Justinian Publishing Company are hereby approved, adopted and enacted as the Codified Ordinances of Olmsted Falls, Ohio, save and except for any parts, titles, chapters, sections or portions of same manifestly erroneous, the result of typographical error, or other manifest error clearly and unequivocally contrary to the intent of Council. In the event of such error, the ordinances or State law or other law or regulation from which the same was extracted shall be consulted to determine the true intention of Council, the correct version shall be deemed to be the version in force as a matter of law in the City of Olmsted Falls, and Justinian Publishing Company shall reprint the erroneous matter without additional cost to the City. One (1) copy of the Codified Ordinances shall be certified as correct by the Mayor and the Clerk of Council, shall be attached to this ordinance and considered as a part hereof, and shall be maintained on file by the Clerk with the permanent records of the City of Olmsted Falls, Ohio.
Section 2. All ordinances and resolutions or parts thereof enacted prior to September 9, 1974, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this ordinance, except as follows: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 any right or liability accrued or incurred under any legislative provisions prior to effective date of such enactment, and any action or proceeding for the enforcement of such right or liability shall continue as though no change in the legislative provisions had taken place. Such enactment shall not be construed to relieve any person from punishment for an act committed in the violation of 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) A 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 September 9, 1974.
Section 3. Any section or subsection of the 1974 Codified Ordinances which does not contain a declaration of its legislative history, or, which bears the words "Adopting Ordinance" at the end thereof, is or contains new matter ordained, adopted and enacted by this Adopting Ordinance.
Section 5. This ordinance is declared to be an emergency measure, immediately necessary for the health, safety and general welfare of the residents of the City of Olmsted Falls, in that it accomplishes needed revisions in the governing ordinances and provides for more efficient administration. It shall therefore take effect immediately upon passage by the affirmative vote of not less than five (5) members elected to Council and approval by the Mayor, or otherwise at the earliest time allowed by law.
/s/ Beverly B. Smith
Beverly B. Smith, President of Council
DATE December 17, 1974
ATTEST: /s/ Florence B. Lauffer
Florence B. Lauffer, Clerk
APPROVED: /s/ Allan R. Mills
Allan R. Mills, Mayor
DATE: December 17, 1974