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Record of Ordinances
Ordinance No.: 2002-22
Passed: Sept. 9, 2002
AN ORDINANCE APPROVING,
ADOPTING AND ENACTING THE 2002 EDITION OF THE MODEL OHIO MUNICIPAL CODE, AS
REVISED THROUGH MAY 10, 2002, PUBLISHED BY AMERICAN LEGAL PUBLISHING FOR THE
VILLAGE OF WEST LAFAYETTE, OHIO; REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT
THEREWITH; PUBLISHING THE ENACTMENT OF NEW MATTER; AND DECLARING AN EMERGENCY.
WHEREAS, American Legal Publishing Corporation has prepared and published
a Model Ohio Municipal Code, as revised through May 10, 2002, consisting of
an Administration Code, a Traffic Code and a General Offenses Code, which
components are based upon and consistent with State law through May 10, 2002;
and
WHEREAS, the Village is in need of a codification of such legislation,
with which to administer the affairs of the Village, ensure law and order
and avoid practical and legal entanglements; and
WHEREAS, Article XVIII, Section 3, of the Ohio Constitution requires
that Village law be in conformity with State law in those areas specified
therein;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF WEST LAFAYETTE,
STATE OF OHIO:
SECTION 1. The 2002 Edition of the
Model Ohio Municipal Code, as published by American Legal Publishing Corporation,
is hereby approved, adopted and enacted by and for the Village.
SECTION 2. One book‑form copy
of the 2002 Edition of this Model Ohio Municipal Code shall be attached to
this ordinance as a part hereof and filed with the permanent ordinance records
of the Village.
SECTION 3. All ordinances and resolutions
or parts thereof which are in conflict or inconsistent with any provision
of the 2002 Edition of the Model Ohio Municipal Code, as adopted in Section
1 hereof, are hereby repealed as of the effective date of this ordinance,
except as follows:
A. The enactment of the 2002 Edition of the Model Ohio
Municipal Code 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 the adoption of this ordinance.
SECTION 4. Pursuant to Ohio R.C. 731.21,
731.22 and 731.23, the Clerk of Council shall cause to be published a notice
of the enactment of this ordinance, containing the title of the ordinance
and a summary of the new matters covered by it, which summary is attached
hereto and marked "Exhibit A."
SECTION 5. This ordinance is hereby
declared to be an emergency measure, immediately necessary for the preservation
of the public peace, health and safety, such emergency existing by reason
of the necessity of providing a Municipal Code that is consistent with the
latest State law, as required by the Ohio Constitution, and this ordinance,
including the 2002 Edition of the Model Ohio Municipal Code adopted hereby,
shall take effect and be in force immediately upon its passage by at least
two‑thirds of all members elected to Council, otherwise from and after
the earliest period allowed by law.
Passed this 9th day of September 2002.
Attest:
_________________________
Jack L. Patterson, Mayor
__________________________
Bruce E. Fouch
Clerk-Treasurer
Village of West Lafayette, Ohio
Approved as to form:
__________________________
R. Q. Baker, III
Village Solicitor
DC\WL-86044.030
*** NOTE – FOR A COMPLETE COPY CALL THE VILLAGE CLERK 740-545-6541
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