[1975 Code]
All general ordinances of the City passed prior to the adoption
of this Code are hereby repealed, except such as are referred to herein
as being still in force or are by necessary implication herein reserved
from repeal (subject to the saving clauses contained in the following
sections), from which are excluded the following ordinances which
are not hereby repealed: tax levy ordinances; appropriation ordinances;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, naming or vacating streets, alleys or other public places;
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.
[1975 Code]
No ordinance relating to railroads or 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service or rates of public utilities shall be repealed by virtue of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 the preceding section, excepting
as this Code may contain provisions for such matters, in which case
this Code shall be considered as amending such ordinance or ordinances
in respect to such provisions only.
[1975 Code]
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ordinance whether such former ordinance is expressly repealed or not,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 be mitigated by any provision
of a new ordinance, such provision may be, by the consent of the party
affected, applied to any judgment announced after the new ordinance
takes effect.
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.
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 provision; 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.
[1975 Code]
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this 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.