ADOPTING ORDINANCE

ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF RUSHVILLE
2004-5

AN ORDINANCE OF THE COMMON COUNCIL OF RUSHVILLE, RUSHVILLE, INDIANA, ENACTING A CODE OF ORDINANCES FOR THE CITY OF RUSHVILLE, INDIANA, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY

   WHEREAS, the Common Council of the City of Rushville has determined that the present general and permanent ordinances of the political subdivision are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and

   WHEREAS, the Acts of Legislature of the State of Indiana empower and authorize the political subdivision to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

   WHEREAS the Legislative Authority of the Political Subdivision has authorized a general compilation, revision and codification of the ordinances of the Political Subdivision of a general and permanent nature and publication of such ordinance in book form; and

   WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance takes effect at an early date.

   NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RUSHVILLE, RUSHVILLE, INDIANA: The Common Council of the City of Rushville, Rushville, Indiana has determined as follows:

Section 1.   The general ordinances of the Political Subdivision as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of the City of Rushville, Indiana".

Section 2.   Such Code of Ordinances as adopted in Section I shall consist of the following Titles:

      See Table of Contents attachment hereto.

Section 3.   All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

Section 4.   Such Code shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Political Subdivision is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk-Treasurer.

Section 5.   Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

Section 6.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.

SEVERABILITY OF PROVISIONS:   If any provision of this Ordinance or the application thereof to any person or circumstances shall be determined to be invalid, the remainder of the Ordinance and the application of its provisions to other persons not similarly situated or to the other circumstances shall not be affected thereby.

REPEAL OF PREVIOUS ORDINANCES:   Any and all ordinances in conflict herewith shall be repealed.

NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RUSHVILLE, INDIANA this Ordinance will be in full force and effect from and after its passage and signature by the Mayor, City of Rushville, Indiana, and proper publication as provided by law.

THIS ORDINANCE PASSED AND ADOPTED BY THE COMMON COUNCIL, CITY OF RUSHVILLE, this 18 day of Mav, 2004.

COMMON COUNCIL, CITY OF RUSHVILLE:

s/ Michael P. Pavey                                     absent

Michael P. Pavey, President               Darrin L. McGowan

s/ Brian J. Sheehan                              s/ John M. Byrne

Brian J. Sheehan                  John M. Byrne

s/ Christopher Fields    

Chris Fields

   PRESENTED TO ME FOR APPROVAL AND APPROVED this 18th day of May, 2004, at 6 o’clock p.m.

                        s/ Robert M. Bridges

                        Robert M. Bridges, Mayor

                        City of Rushville

                        Rushville, Indiana

ATTEST:

s/ Ann L. Copley

Ann L. Copley, Clerk-Treasurer

City of Rushville, Indiana