ADOPTING ORDINANCE

ORDINANCE NO. 73-50

TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES OF THE CITY OF WESTERVILLE, OHIO; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; AND TO PUBLISH THE ENACTMENT OF NEW MATTER, AND TO DECLARE AN EMERGENCY.

   WHEREAS, the Council of the City of Westerville, 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 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of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council,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 CITY OF WESTERVILLE, FRANKLIN AND DELAWARE COUNTIES, OHIO:

   Section 1. That the ordinances of the City of Westerville, 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 Westerville, Ohio, 1973.

   One book-form copy of the Codified Ordinances shall be certified as correct by the Chairman and the Clerk of Council, attached to this ordinance as a part hereof, and filed with the permanent records of the City of Westerville, Ohio.

   Section 2. That the provisions of this ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect as provided in Section 4 of this ordinance. All ordinances and resolutions or parts thereof enacted prior thereto, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this ordinance, except as follows: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 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 September 4, 1973.

   Section 3. That pursuant to Article III, Section 14(h) of the Westerville Charter, the Clerk of Council shall post copies of the Codified Ordinances along with a copy of this ordinance in the four public places designated. All sections of the Codified Ordinances without a previous ordinance or resolution history at the end thereof indicate that the sections contain new matter ordained by this adopting ordinance. The title of this adopting ordinance shall also be published in a newspaper of general circulation in the City of Westerville.

   Section 4. That this ordinance is immediately necessary to provide for the orderly growth and development of the City of Westerville and to provide for the preservation and protection of the public health, safety and welfare so as to make the Codified Ordinances available for distribution and use by the administration and public; wherefore, this ordinance is declared an emergency measure and shall take effect from and after its passage.

       /s/ Richard H. Gorsuch

      Chairman of Council

PASSED:    September 4, 1973

APPROVED:    /s/ Roy E. Metz

      Director of Law