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of this Code are hereby repealed, except such as are referred to herein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
section), 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not hereby repealed; tax levy ordinances; appropriation ordinances;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.
(Code 1960)
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service or rates of public utilities, shall be repealed by virtue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 provision for such matters, in
which case this Code shall be considered as amending such ordinance
or ordinances in respect of such provisions only.
(Code 1960)
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ordinance, whether such former ordinance is expressly repealed or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 or the preceding Section shall be
construed as abating any action now pending under or by virtue of
any general ordinance of the City herein repealed; or 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 adoption of this Code.
(Code 1960)
If any section, subsection, sentence, clause, or phrase of this
Code is, for any reason, held to be unconstitutional or invalid, such
holding shall not affect the validity of the remaining portions of
this Code. The Council of the City of Midland hereby declares that
it would have approved this Code and each section, subsection, sentence,
clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared
unconstitutional or invalid.
(Ordinance 4203 adopted 12/14/1965)
