CHAPTER 2
SAVING CLAUSE
SECTION:
1-2-1: Repeal Of General Ordinances
1-2-2: Public Ways And Public Utility Ordinances
1-2-3: Court Proceedings
1-2-4: Severability Clause
1-2-1: REPEAL OF GENERAL ORDINANCES:
All general ordinances of the city passed by the mayor and city council prior to the adoption of this code are hereby repealed, except such as are included in this code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed:
   A.   Tax levy ordinances.
   B.   Appropriation ordinances.
   C.   Ordinances relating to boundaries and annexations.
   D.   Franchise ordinances and other ordinances granting special rights to persons or corporations.
   E.   Contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants.
   F.   Salary ordinances.
   G.   Ordinances establishing, naming or vacating streets, alleys or other public places.
   H.   Improvement ordinances.
   I.   Bond ordinances.
   J.   Ordinances relating to elections.
   K.   Ordinances relating to the transfer or acceptance of real estate by or from the city.
   L.   All special ordinances. (2013 Code)
1-2-2: PUBLIC WAYS AND PUBLIC UTILITY ORDINANCES:
No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this code or by virtue of section 1-2-1 of this chapter, excepting as this code may contain provisions for such matters, in which case, this code shall be considered as amending such ordinance or ordinances with respect to such provisions only. (2013 Code)
1-2-3: COURT PROCEEDINGS:
   A.   Prior Acts: Neither the adoption of this code nor the repeal or amendment of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of this code, nor be construed as a waiver of any fee or penalty at the effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed, or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. (1977 Code § 1.01.080; amd. 2013 Code)
   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. (2013 Code)
   D.   Repealed Ordinances Not Revived: The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (1977 Code § 1.04.090)
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