ADOPTING ORDINANCE

ORDINANCE 93-48

AN ORDINANCE APPROVING, ADOPTING AND ENACTING THE CODIFIED ORDINANCES OF WAPAKONETA, OHIO, 1993; REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; PUBLISHING THE ENACTMENT OF NEW MATTER; AND DECLARING AN EMERGENCY.

   WHEREAS, the Council of the City of Wapakoneta, Ohio, has had the matter of codification and general revision of City legislation before it for some time;

   WHEREAS, it has heretofore entered into a contract with the Justinian Publishing Company to prepare and publish such codification; and

   WHEREAS, the codification of such legislation, together with the new matter to be adopted, the matters to be amended and those to be repealed, is before the Council.

   NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Wapakoneta, Ohio, to-wit:

   SECTION ONE

   That the ordinances and resolutions of the City of Wapakoneta, Ohio, of a general and permanent nature, as revised, arranged, compiled, numbered, codified and printed in component codes, titles, chapters and sections, are hereby approved, adopted and enacted as the Codified Ordinances of Wapakoneta, Ohio, 1993.

   One book-form copy of the Codified Ordinances 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 ordinance records of the City of Wapakoneta, Ohio.

   SECTION TWO

   That all ordinances and resolutions or parts thereof that are in conflict or inconsistent with any provision of the 1993 Codified Ordinances are hereby repealed as of the effective date of this ordinance, except as follows:

   (a)   The enactment of the 1993 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, 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 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 June 15, 1993.

   SECTION THREE

   That sections and subsections of the 1993 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 FOUR

   That pursuant to Ohio R.C. 731.23, the Clerk of Council shall cause to be published, in the manner provided by law, a notice of the enactment of this ordinance, containing the title of this ordinance, and a summary of the new matter covered by it, which summary is attached hereto as Exhibit A.

   SECTION FIVE

   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 inhabitants of the City, and for the further reason that there is an immediate necessity to have an up-to-date codification of the legislation of the City, 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 and avoid practical and legal entanglements, and this ordinance shall, therefore, take effect and be enforced immediately from and after the date of its passage and approval.

Attest:                              Passed this 18th day of
Carlene S. Koch      /s/                  August, 1993.
Clerk of Council

Tony Valenti            /s/
President of Council

Approved:                           Approved as to form:
Donald R. Wittwer   /s/                     Dennis Faller /s/ 
Mayor                              City Law Director