[1975 Code §§ 1.03, 1.04; amended by 2003
Code]
A.
Ordinances Repealed And Ordinances Saved From Repeal: All general
ordinances of the City passed prior to the adoption of this City code
are hereby repealed, except such as are included in this City code
or are by necessary implication herein reserved from repeal (subject
to the saving clauses contained in the following sections). The provisions
of this Code, so far as they are the same in substance as those of
heretofore existing ordinances, are continuations of such ordinances
and not new enactments thereof. The following ordinances also are
not hereby repealed: tax levy ordinances and ordinances making special
assessments; budget ordinances; ordinances relating to boundaries
and annexations; franchise ordinances and other ordinances granting
special rights to persons or corporations; contract ordinances and
ordinances authorizing the execution of a contract or the issuance
of warrants; salary ordinances; ordinances establishing, dedicating,
opening, grading, naming, improving, altering, widening, or vacating,
streets, alleys, sidewalks, parks, public grounds, or other public
places; public improvement ordinances; bond ordinances; ordinances
relating to elections; ordinances relating to the transfer or acceptance
of real estate by or from the City; and all special ordinances.
B.
Limitations On Repeal: The repeal of the ordinances, as provided in Subsection A of this section, shall not affect any debt or fee which is accrued, any duty imposed, any penalty incurred, nor any action or proceeding commenced under or by virtue of the ordinances repealed or the term of office of any person holding office at the time these ordinances take effect; nor shall the repeal of any ordinance have the effect of reviving any ordinance heretofore repealed or superseded, unless specifically reenacted. The repeal of any curative or validating ordinance does not impair or affect any cure or validation already effected thereby.
[2003 Code]
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rates of public utilities shall be repealed by virtue of the adoption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 City code or by virtue of the preceding section, excepting
as the City code may contain provisions for such matters, in which
case, this City code shall be considered as amending such ordinance
or ordinances in respect to such provisions only.
[2003 Code]
A.
Prior Acts: 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.
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 City code.
[2003 Code]
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this City code or any part thereof is for any
reason held to be unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Code,
or any part thereof. The City Council hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared unconstitutional, invalid or ineffective.
