ADOPTING ORDINANCE
ORD. 707-81 To approve, adopt and enact the 1981 Toledo Municipal Code; to repeal ordinances in conflict therewith; to include the enactment of new matter therein; and declaring an emergency.
WHEREAS, the Council of the City of Toledo, Ohio, has had the matter of recodification and general revision of the ordinances before it for some time, and
WHEREAS, it has heretofore entered into a contract with the Walter H. Drane Company to prepare 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of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council; NOW, THEREFORE,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 City of Toledo:
SECTION 1. That the ordinances of the City of Toledo, 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 Toledo Municipal Code of 1981.
One book-form copy of the Municipal Code shall be certified as correct by the Mayor and the Clerk of Council, attached to this Ordinance as a part hereof, and filed with the permanent records of the City of Toledo, Ohio.
SECTION 2. That the provisions of this Ordinance, including all provisions of the Municipal Code shall be in full force and effect as provided in Section 4 of this Ordinance. All ordinances and resolutions or parts thereof enacted prior to June 1, 1980, which are inconsistent with any provisions of the Municipal Code are hereby repealed as of the effective date of this Ordinance, except as follows:
(a) The enactment of the Municipal Code 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 the 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 June 1, 1980.
SECTION 3. Pursuant to Ohio R.C. 731-23 and Section 57 of the Charter, this ordinance and a summary of the new material contained in the Municipal Code shall be published in the City Journal. Each section in the Municipal Code without an ordinance history at the end thereof indicates that the section contains new matter ordained by this Adopting Ordinance.
SECTION 4. That this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage. The reason for the emergency is that it is imperative that the 1981 Municipal Code be published and distributed to officials and residents of the City, so as to facilitate administration, daily operation and avoid practical and legal entanglements.
Vote on emergency clause: yeas 8, nays 0.
Passed: November 24, 1981, as an emergency measure: yeas 8, nays 0.
Attest: LARRY J. BREWER DOUG DeGOOD
Clerk of Council Mayor