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Record of Resolutions
Resolution No.: 2004-16
Passed Aug. 9, 2004
 AN
ORDINANCE APPROVING, ADOPTING AND ENACTING THE 2004 EDITION OF THE MODEL
OHIO MUNICIPAL CODE, AS REVISED THROUGH NOVEMBER 12, 2003, INCLUDING ALL
TRAFFIC AND CRIMINAL AMENDMENTS EFFECTIVE JANUARY 1, 2004, RESULTING FROM
SENATE BILL 123 AND HOUSE BILL 490, 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 November 12, 2003,
including all Traffic and Criminal amendments effective January 1, 2004
resulting from Senate Bill 123 and House Bill 490, consisting of an
Administration Code, a Traffic Code and a General Offenses Code, which
components are based upon and consistent with State law through November 12,
2003; and
WHERAS, 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
VILLAGE COUNCIL OF WEST LAFAYETTE, OHIO:
SECTION 1. The 2004 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 2004 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 2004 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in Section 1 hereof, are hereby repealed as of the effective date of this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 2004 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 thereof. For such
purposes, any such legislative provision shall continue in full force
nothwithstanding 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 to 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 2004 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.
____________________________________
Jack L. Patterson, Mayor
Attest:
_______________________________
Dru A Prater, Clerk
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