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ADOPTING ORDINANCE NO. 1540
AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES OF WINDHAM, OHIO; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER THEREIN; AND DECLARING AN EMERGENCY.
WHEREAS, the Council of the Village of Windham, Ohio, has had the matter of codification 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 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codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council.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 COUNCIL OF THE VILLAGE OF WINDHAM, OHIO:
SECTION 1: The ordinances of the Village of Windham, 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 Windham, Ohio, 2001.
One book-form copy of the Codified Ordinances shall be certified as correct by the Mayor and the Village Clerk, attached to this ordinance as a part hereof, and filed with the permanent records of the Village of Windham, Ohio.
SECTION 2: The provisions of this Ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect as provided in Section 5 of this Ordinance. All ordinances and resolutions or parts thereof enacted prior to May 1, 2001, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance, except as follows: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 persons from punishment for an act committed in the 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 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 May 1, 2001.
SECTION 3: Pursuant to Ohio R.C. 731.21 and 731.23, the Village Clerk shall cause to be published in a manner required by law this Adopting Ordinance together with a summary of the new matter contained in the codification adopted hereby.
SECTION 4: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council, and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
SECTION 5: This Ordinance is hereby declared to be an emergency measure necessary to preserve the public health, safety and general welfare of the inhabitants of the Village of Windham for the reason that there exists an imperative need for the earliest publication and distribution of the Codified Ordinances to the officials and residents of the Village so as to facilitate administration, daily operation and avoid practical and legal entanglements. Wherefore, provided this Ordinance receives the necessary affirmative vote of the members elected or appointed to this Council, this Ordinance shall take effect immediately upon its passage by Council and approval by the Mayor of the citizens of the Village of Windham, Ohio, and to further insure the effective operation of said Village; otherwise, it shall take effect and be in force from and after the earliest time allowed by law.
PASSED: September 11, 2001
s/s Rachel W. Barrett
Clerk of Council
s/s C. James Moore
Mayor of Windham
CODIFIED ORDINANCES OF WINDHAM, OHIO