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ADOPTING ORDINANCE: 13-12
AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE 2012 CODIFIED ORDINANCES OF THE VILLAGE OF PLAIN CITY, OHIO; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PROVIDE FOR SUBSEQUENT LEGISLATION; TO PUBLISH THE ENACTMENT OF NEW MATTER THEREIN; AND DECLARING AN EMERGENCY.
WHEREAS, a determination has been made that the ordinances of the Municipality of a permanent and general nature should be recodified; and
WHEREAS, the Village has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such recodification; and
WHEREAS, the recodification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council;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 Plain City, Ohio, as follows:
Section 1. That the ordinances of the Village of Plain City, Ohio, of a general and permanent nature, as revised, codified, rearranged and consolidated into component codes, titles, chapters and section are hereby approved, adopted and enacted as the 2012 Codified Ordinances of the Village of Plain City, Ohio, to be known as the 2012 Codified Ordinances.
Section 2. That, through authentication and approval of this Ordinance, the Mayor and Clerk-Treasurer shall certify that the permanent and general ordinances of the Municipality as codified herein are correctly set forth and constitute the 2012 Codified Ordinances of the Village of Plain City. One book-form copy of the 2012 Codified Ordinances shall be certified as correct by the Mayor and Clerk-Treasurer, attached to this Ordinance as a part hereof, and filed with the permanent records of the Village of Plain City, Ohio.
Section 3. That the provisions of this Ordinance, including all provisions of the 2012 Codified Ordinances, shall be in full force and effect as provided in Section 7 of this Ordinance. All ordinances and resolutions, or parts thereof, enacted prior to the April 30, 2012, which are inconsistent with any provisions of the 2012 Codified Ordinances, are hereby repealed as of the effective date of this Ordinance, except as follows:
(a) The enactment of the 2012 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 any action or proceeding for the enforcement of such right or liability. Such enactment shall not be construed to relieve any person from punishment for any 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 recodification.
(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 April 30, 2012.
Section 4. That each section of the 2012 Codified Ordinances without an ordinance or resolution history at the end thereof indicates that the section contains new material which is hereby enacted by this adopting ordinance.
Section 5. That all legislation enacted subsequent to April 30, 2012, which amended, replaced or otherwise affected a material provision of those ordinances existing prior to April 30, 2012, shall be deemed to amend, replace or affect the analogous or comparable section of the 2012 Codified Ordinances as indicated by the content or purpose of such subsequent legislation.
Section 6. 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 2012 Codified Ordinances. This Ordinance and a summary of the new material contained in the 2012 Codified Ordinances shall be posted in the five public places listed in Section 123.01 of the 2012 Codified Ordinances.
Section 7. That this Ordinance is hereby declared to be an emergency measure, effective immediately upon passage, and necessary for the preservation of the public peace, health, welfare and safety. Such emergency exists by reason of the imperative necessity for the earliest publication and distribution of the 2012 Codified Ordinances to the officials and residents of the Municipality, so as to facilitate administration and daily operations of the Village and to avoid practical and legal entanglements.
Passed this 9th day of July 2012.
Attest:/s:/ Renee Van Winkle
/s/: Sandra Adkins
CODIFIED ORDINANCES OF PLAIN CITY