ADOPTING ORDINANCE

Ordinance No. 98-109            Passed December 17, 1998

AN ORDINANCE APPROVING, ADOPTING AND ENACTING THE CODIFIED ORDINANCES OF PICKERINGTON, OHIO, 1998; REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; PUBLISHING THE ENACTMENT OF NEW MATTER; AND DECLARING AN EMERGENCY.

   WHEREAS, the Council has had the matter of codification and general revision of the legislation of the City 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of the City's legislation, together with the new matter to be adopted, the matters to be amended and those to be repealed, is before the Council; and

   WHEREAS, in order to meet publishing deadlines, this matter shall be adopted as an emergency;

   NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PICKERINGTON, FAIRFIELD-FRANKLIN COUNTIES, OHIO, THREE-FOURTHS OF ITS MEMBERS CONCURRING:

   SECTION 1: That the ordinances and resolutions of the City of Pickerington, 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 Pickerington, Ohio, 1998.

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

   SECTION 2: That all ordinances and resolutions or parts thereof that are in conflict or inconsistent with any provision of the 1998 Codified Ordinances are hereby repealed as of the effective date of this ordinance, except as follows:

   (a)   The enactment of the 1998 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, nor 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 October 19, 1998.

   SECTION 3: That sections and subsections of the 1998 Codified Ordinances without a legislative history or with the words "Adopting Ordinance" at the end thereof are or contain new matter ordained by this Adopting Ordinance.

   SECTION 4: That pursuant to Section 2.06 of the City Charter, Ohio R.C. 731.23 and Section 222.01 of the Codified Ordinances, the Municipal Clerk shall cause to be published a notice of the enactment of this ordinance, containing the title of this ordinance, and a summary of the new matter contained in the Codified Ordinances, which summary is attached hereto as Exhibit "A".

   SECTION 5: That this ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare of the citizens of Pickerington and for the further reason that it is necessary to have an up-to-date codification of the laws of the City, one which is consistent with State law, where and as required by Article XVIII, Section 3, of the Ohio Constitution, with which to administer the affairs of the City, enforce law and order in the City and avoid practical and legal entanglements. Therefore, this ordinance, including the Codified Ordinances of the City of Pickerington, 1998, shall become effective immediately upon its passage by Council and approval by the Mayor.

                        APPROVED BY:   Lee A. Gray /s/    
                                    Lee A. Gray, Mayor

                        DATE OF APPROVAL: December 17, 1998  

                        EFFECTIVE DATE: December 17, 1998

ATTEST:     Lynda Yartin /s/         
      Lynda Yartin, Municipal Clerk

SPONSOR: Washington                          

APPROVED AS TO FORM AND LEGALITY OF PURPOSE: Robert E. Mapes /s/   
                           Robert E. Mapes
                           Law Director