CHAPTER 2
SAVING CLAUSE
SECTION:
1-2-1: Repeal Of General Ordinances; Exceptions
1-2-2: Court Proceedings
1-2-3: Severability Clause
1-2-1: REPEAL OF GENERAL ORDINANCES; EXCEPTIONS:
   A.   All general ordinances of the city passed prior to the adoption of this code are hereby repealed, except such as are included in this code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed:
      1.   Ordinances promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness.
      2.   Any appropriation ordinance providing for the levy of taxes or prescribing salaries for city officers.
      3.   Ordinances relating to boundaries and annexations.
      4.   Franchise ordinances and other ordinances granting special rights to persons or corporations.
      5.   Contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants, or accepting the beneficial interest in any trust.
      6.   Ordinances establishing, naming or vacating streets, alleys or other public places.
      7.   Improvement ordinances.
      8.   Bond ordinances.
      9.   Ordinances relating to elections.
      10.   Ordinances relating to the transfer or acceptance of real estate by or from the city.
      11.   All special ordinances.
   B.   All ordinances listed in subsection A of this section shall continue in full force and effect to the same extent as if fully set out herein. (2016 Code)
1-2-2: COURT PROCEEDINGS:
   A.   Prior Acts:
      1.   No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect. (2016 Code)
      2.   The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect. (1985 Code § 1-104)
   B.   Extend To All Repeals: This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
   C.   Current Pending Actions: Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed, and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provisions; nor shall this chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of the adoption of this code. (2016 Code)
1-2-3: SEVERABILITY CLAUSE:
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code, or any codes or portions of codes adopted herein, are severable, and if any phrase, clause, sentence, paragraph, or section of this code or any code adopted herein, or of any ordinance in this code shall be declared unconstitutional, illegal or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, or of any codes or portions of codes adopted herein. (2016 Code)