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Year - 1990 Number -78-
Approving, adopting and enacting the 1990 Codified Ordinances of the City of Portsmouth, Ohio.
WHEREAS, Twenty-two years have elapsed since the ordinances were last recodified and a change in governmental structure has necessitated that the ordinances be recodified at the present time; and
WHEREAS, The City 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of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council as outlined in Mayor's Council Letter No. 90-72; and
WHEREAS, At least four of the six members elected to Council have found, considered and determined that there exists an imperative necessity for the earliest publication and distribution of the Codified Ordinances to the officials and residents of the City, so as to facilitate administration, daily operation and avoid practical and legal entanglements. Now, therefore,
BE IT ORDAINED by the Council of the City of Portsmouth, Ohio:
SECTION 1. The ordinances of the City of Portsmouth, Ohio of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, adopted and enacted as the Codified Ordinances of the City of Portsmouth, Ohio, 1990.
SECTION II. The provisions of this ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect as provided in Section Six of this ordinance. All ordinances and resolutions or parts thereof enacted prior to March 26, 1990, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this ordinance, except as follows: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 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 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 March 26, 1990.
SECTION III. Each section of the 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 IV. Through authentication and approval of this ordinance the President of Council and City Clerk shall certify that the permanent and general ordinances of the Municipality as codified therein are correctly set forth and constitute the Codified Ordinances of the City of Portsmouth, Ohio, 1990.
SECTION V. The City Clerk of the City of Portsmouth, Ohio, is hereby authorized and directed to publish the within ordinance by posting a true and authenticated copy thereof on the bulletin board in the lobby of the second floor of the Municipal Building of said City a period of not less than fifteen (15) days.
SECTION VI. This ordinance passed as an emergency measure, shall be in force and effect from and after its passage.
Passed this 24th day of July , 1990.
/s/ Jo Ann Aeh
/s/ Ann Sydnor
President of Council
CODIFIED ORDINANCES OF PORTSMOUTH, OHIO