The ordinances and certain resolutions of the City of Mendota, as codified by General Code, LLC, and consisting of the Chapters
1 through
340, together with an Appendix, shall be known collectively as the "Code of the City of Mendota," hereafter termed the "Code." Wherever reference is made in any of the ordinances and resolutions contained in the Code of the City of Mendota to any other ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1998 Code and ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the City Council of the City of Mendota, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below.
All portions of the 1998 Code and ordinances of a general and
permanent nature of the City of Mendota in force on the date of the
adoption of this ordinance, inconsistent with the provisions contained
therein, and not contained in such Code or recognized and continued
in force by reference therein are hereby repealed from and after the
effective date of this ordinance.
The repeal of ordinances provided for in §
1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any
right or liability established, accrued or incurred under any legislative
provision of the City of Mendota prior to the effective date of this
ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B. Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of the City of
Mendota or any penalty, punishment or forfeiture which may result
therefrom.
C. Any
prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision of the City of Mendota.
D. Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the City of Mendota.
E. Any
ordinance of the City of Mendota providing for the laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place within
the City of Mendota or any portion thereof.
F. Any
ordinance of the City of Mendota appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the City of Mendota or other
instruments or evidence of the City's indebtedness.
G. Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
H. The
levy or imposition of special assessments or charges.
I. The
annexation or dedication of property.
J. Any
ordinance relating to salaries and compensation.
K. Any
ordinance amending the Zoning Map or providing for variations or PUD
approval in accordance with the City Zoning Ordinance.
L. Any
ordinance relating to or establishing a pension plan or pension fund
for City employees.
M. Any
ordinance or portion of an ordinance establishing a specific fee amount
for any license, permit or service obtained from the City.
N. Any
ordinance establishing street-specific vehicle and traffic regulations.
O. Any
ordinance adopted subsequent to October 20, 2014.
If any clause, sentence, paragraph, section, article, chapter
or part of this ordinance or of any ordinance or resolution included
in this Code now or through supplementation shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the
office of the City Clerk of the City of Mendota and shall remain there
for use and examination by the public until final action is taken
on this ordinance; and, if this ordinance shall be adopted, such copy
shall be certified to by the City Clerk of the City of Mendota by
impressing thereon the Seal of the City of Mendota, and such certified
copy shall remain on file in the office of said City Clerk to be made
available to persons desiring to examine the same during all times
while said Code is in effect. The enactment and publication of this
ordinance, coupled with the availability of a copy of the Code for
inspection by the public, shall be deemed, held and considered to
be due and legal publication of all provisions of the Code for all
purposes.
Any and all additions, deletions, amendments or supplements
to any of the ordinances and resolutions known collectively as the
"Code of the City of Mendota" or any new ordinances or resolutions,
when enacted or adopted in such form as to indicate the intention
of the City Council to be a part thereof, shall be deemed to be incorporated
into such Code so that reference to the Code shall be understood and
intended to include such additions, deletions, amendments or supplements.
Whenever such additions, deletions, amendments or supplements to the
Code shall be enacted or adopted, they shall thereafter be published
as amendments and supplements thereto. Nothing contained in this ordinance
shall affect the status of any ordinance or resolution contained herein,
and such ordinances or resolutions may be amended, deleted or changed
from time to time as the City Council deems desirable.
It shall be the duty of the City Clerk to keep up-to-date the
certified copy of the book containing the Code of the City of Mendota
required to be filed in the office of the City Clerk for use by the
public. All changes in said Code and all ordinances and resolutions
adopted by the City Council subsequent to the enactment of this ordinance
in such form as to indicate the intention of said City Council to
be a part of said Code shall, when finally enacted or adopted, be
included therein by temporary attachment of copies of such changes,
ordinances or resolutions until such changes, ordinances or resolutions
are printed as supplements to said Code, at which time such supplements
shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the City Clerk, or an authorized agent of the Clerk,
upon the payment of a fee to be set from time to time by the City
Council. The Clerk may also arrange for procedures for the periodic
supplementation of the Code.
Any person who, without authorization from the City Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the City of Mendota or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the City of Mendota to be misrepresented thereby or who violates any other provision of this ordinance shall be guilty of an offense and shall, upon conviction thereof, be fined as set forth in Chapter
1, Article
III, Penalties and Enforcement, of the City Code. The court may, in addition to assessing a fine, impose a requirement that the defendant perform some reasonable public service work such as, but not limited to, the picking up of litter in public parks or along public streets or highways or the maintenance of public facilities.
The provisions of this ordinance are hereby made Article
I of Chapter
1 of the Code of the City of Mendota and shall be numbered §§
1-1 to
1-13, inclusive.
This ordinance shall be in full force and effect 10 days following
publication as provided by law.