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ADOPTING ORDINANCE NO. 3449
TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES OF WILMINGTON; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER; AND DECLARING AN EMERGENCY.
WHEREAS, the Council of the City of Wilmington, Ohio, has determined the need to recodify and revise the general and permanent ordinances of Wilmington; and
WHEREAS, it has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such codification; and
WHEREAS, the codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed, are before the Council;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 City Council of Wilmington, Ohio that:
Section 1. Pursuant to Ohio R.C. 731.23 and 731.42, the ordinances of the City of Wilmington, Ohio, of a general and permanent nature, as revised, codified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, adopted and enacted as the Codified Ordinances of Wilmington, 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 records of the City of Wilmington, 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 by law. All ordinances and resolutions or parts thereof enacted prior to which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance except as follows: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 any 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 provisions, 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 September 1, 1993.
Section 3. Any section of the Codified Ordinances without a legislative history at the end thereof indicates that such section contains new matter ordained by this Adopting Ordinance. The Clerk of Council shall cause the publication of this Adopting Ordinance in a newspaper of general circulation in the City along with the summary of new matter as contained in the Codified Ordinances.
Section 4. This Ordinance is hereby declared to be an emergency measure in the usual daily operation of the various departments and divisions of the City government of Wilmington in that it is immediately necessary to effectuate the 1993 Codified Ordinances to avoid practical and legal entanglements.
Passed this 18th day of November, 1993.
President of Council
Linda S. Eichelberger
Clerk of Council
Approved by me this 18th day of November, 1993.
Clifford N. Eveland
Comparative Section Table
CODIFIED ORDINANCES OF WILMINGTON, OHIO