CHAPTER 2
SAVING CLAUSE
SECTION:
1-2-1: Repeal Of General Ordinances
1-2-2: Court Proceedings
1-2-3: Enumeration Of State Law Or Local Provisions
1-2-4: Severability Clause
1-2-1: REPEAL OF GENERAL ORDINANCES:
All general ordinances of the City passed prior to the adoption of this Code are hereby repealed, except such as are included in this Code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: (2019 Code)
   A.   Ordinances promising, obligating or guaranteeing the payment of money for or to the City authorizing the issuance of any Municipal bonds or any evidence of the City's indebtedness.
   B.   Appropriation Ordinances, or ordinances providing for: 1) the levy of taxes; 2) an annual budget; 3) a special election; or 4) prescribing salaries for City officers and employees.
   C.   Ordinances which provide for the annexation or de- annexation of territory to or from the City.
   D.   Ordinances approving, authorizing or otherwise relating to, any contract, agreement, lease, deed or other instrument, or granting any franchise.
   E.   Ordinances authorizing or relating to specific public improvements.
   F.   Ordinances vacating, opening or dedicating specific streets and alleys.
   G.   Ordinances relating to specific street improvements and assessments.
   H.   Ordinances relating to the grade or alignment of specific streets.
   I.   Ordinances naming or renaming specific streets.
   J.   Ordinances granting railroads or others the right to use specific streets, alleys or rights-of-way.
   K.   Ordinances changing the zoning district classification of a specific parcel of real property.
   L.   Other temporary or special ordinances. (2007 Code § 8-10)
1-2-2: COURT PROCEEDINGS:
   A.   Prior Acts:
      1.   Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established or accruing, before the effective date of this Code. (2007 Code § 8-12)
      2.   No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right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.
      3.   The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.
   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. (2019 Code)
1-2-3: ENUMERATION OF STATE LAW OR LOCAL PROVISIONS:
   A.   State Law:
      1.   Provisions of State law which affect the City, because of its general relationship to the State, may not be enumerated herein, but may be adopted by reference as inseparable parts of this Code.
      2.   Provisions of State law which prescribe specific actions or laws for the City and its citizens may be included in this Code for purposes of clarity.
      3.   Provisions of State law in matters of wider public concern which are not enumerated herein, but which affect the City and its citizens in a general way, may not be enumerated herein, but may nevertheless be made a part of this Code through adoption by reference.
   B.   Local Provisions: All provisions which are of purely local concern may be specifically enumerated in this Code. The regulations, rules, prohibitions, nuisances, offenses and other provisions which are of purely local concern, as provided by State law, and are specifically enumerated herein in detail, shall be enforced by the City; duly authorized officers and agents of the City shall have all powers, duties and responsibilities necessary to enforce the same. (2007 Code § 8-11)
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