ADOPTING ORDINANCE

ORDINANCE NO. 01-6-1

AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES OF ORWELL, 2001, TO REPEAL ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER; AND TO DECLARE AN EMERGENCY.

   WHEREAS, Council has had the matter of codification and general revision of the legislation of the Village before it for some time, and

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

   WHEREAS, the codification of such legislation, together with the new matter to be adopted, the matters to be amended and those to be repealed, is now before the Council,

   NOW THEREFORE BE IT ORDAINED BY THE VILLAGE OF ORWELL, OHIO, that:

   SECTION 1:  That the ordinances and resolutions of the Village of Orwell, Ohio, of a general and permanent nature, as revised, codified, arranged and consolidated into component codes, titles, chapters and sections, are hereby approved, adopted and enacted as the Codified Ordinances of Orwell, Ohio, 2001.

   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 Orwell, Ohio.

   SECTION 2:  That all ordinances and resolutions or parts thereof which are in conflict or inconsistent with any provision of the Codified Ordinances are hereby repealed as of the effective date of this ordinance, except as follows: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 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 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 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 January 1, 2001.

   SECTION 3:  That pursuant to Ohio R.C. 731.23, the Clerk-Treasurer 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.

   SECTION 4:  That all sections and subsections in the Codified Ordinances of Orwell without an ordinance or resolution history, or with the words "Adopting Ordinance" at the end thereof, are or contain new matter in the Codified Ordinances, said new matter having been found to be necessary, in the course of preparing the Codified Ordinances, to render the legislation of the Village internally consistent and consistent with State law, where and as required by Article XVIII, Section 3, of the Ohio Constitution, as well as to adopt the latest edition of the Ohio Fire Code, and said new matter is hereby approved, adopted and enacted.  A summary of such new matter is attached to this ordinance as Exhibit A and the same shall be published, together with notice of the adoption of this ordinance, as aforesaid, pursuant to Ohio R.C. 731.23.

   SECTION 5:  That this ordinance is declared to be an emergency measure, necessary for the immediate preservation of the public peace, health and safety of the residents of the Village of Orwell, Ohio, and to have an up-to-date codification of the laws of the Village, one which is consistent with State law, with which to administer the affairs of the Village, preserve law and order and avoid practical and legal entanglements, wherefore, provided that this ordinance receives the affirmative vote of two-thirds of all members of Council, this ordinance shall be in force and effect from and immediately after its passage, otherwise it shall take effect and shall be in force from and after the earliest period allowed by law.

PASSED:                        APPROVED:

June 12, 2001                        /s/ Thomas C. Schamberg

                              MAYOR THOMAS C. SCHAMBERG

ATTEST: 

/s/ Carol A. Williams-Vernon

CAROL WILLIAMS-VERNON,

CLERK-TREASURER