The ordinances embraced in this and the following chapters and sections shall constitute and be designated the “Iola City Code,” and may be so cited. Such Code may also be cited as the “Iola, Kansas Code.”

(Code 1988, § 1-101; Code 2016, Sec. 1-1)

In the construction of this Code, and of all ordinances and resolutions passed by the governing body, the following rules shall be observed and the following definitions shall apply, unless such construction would be inconsistent with the manifest intent of the governing body.

Generally. The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expressions thereof. In case of doubt or ambiguity in the meaning of such provisions, the general shall yield to the particular. Reference for interpretation and construction shall tend to further the accomplishment of the elimination of the particular mischiefs for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.

City. The word “city” shall mean the City of Iola, Allen County, Kansas.

City officers and departments. References to officers or departments are to officers or departments of the city.

Code. The word “Code” means the Iola City Code as designated in section 1-101.

Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Sunday or legal holiday, that day shall be excluded.

County. The word “county” shall mean Allen County, Kansas. Gender. Words of one gender include all other genders.

Governing body. The term “governing body” shall mean the mayor and city council members charged with governing the affairs of the city.

Highway. The word “highway” shall include any street, alley, highway, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass and causeway in the city, dedicated or devoted to public use.

In the city. The phrase “in the city” means any territory within the corporate limits of the city and the police jurisdiction thereof, and any other territory over which regulatory power has been conferred on the city by law.

Joint authority. Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.

K.S.A. The abbreviation “K.S.A.” means the Kansas Statutes Annotated, as amended. May. The word “may” is to be construed as being permissive and not mandatory. Month. The word “month” shall mean a calendar month.

Number. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.

Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

Or, and. The word “or” may be read “and,” and “and” may be read “or,” if the sense requires it.

Owner. The word “owner” as applied to a building or land, shall include not only the owner of the whole but any part owner, joint owner, tenant in common or joint tenant of the whole or a part of such building or land.

Person. The word “person” shall include any firm, copartnership or corporation, and the plural as well as the singular, and such term shall be construed to include the United States, the State of Kansas or any other municipal, public or private corporation which may lawfully own any property within the city as well as individuals.

Preceding, following. The words “preceding” and “following” mean next before and next after, respectively.

Property. The word “property” means real, personal and mixed property.

Real property. The term “real property” includes lands, tenements and hereditaments.

Roadway. The word “roadway” shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic.

Shall. The word “shall” is to be construed as being mandatory and not permissive.

Sidewalk. The word “sidewalk” shall mean any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line, intended for the use of pedestrians.

Signature or subscription. The word “signature” or “subscription” shall include a mark when a person cannot write.

State. The word “state” shall be construed to mean the State of Kansas.

Street. The word “street” shall include any highway, alley, street, avenue or public place or square, bridge, viaduct, underpass, overpass, tunnel and causeway in the city, dedicated or devoted to public use.

Tenant, occupant. The word “tenant” or “occupant,” as applied to a building or land, means any person who occupies the whole or part of such building or land, whether alone or with others.

Tense. Words used in the past or present tense include the future as well as the past and present.

Written or in writing. The words “written” or “in writing” shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year. The word “year” shall mean a calendar year.

(Code 1988, § 1-102; Code 2016, Sec. 1-2)

(a)   The catchlines of the several sections of this Code, printed in boldface type, are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of such sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(b)   The history or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. Cross references and state law references which appear after sections or subsections of this Code or which otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect.

(c)   All references to chapters, articles or sections are to the chapters, articles and sections of this Code, unless otherwise specified.

(Code 1988, §§ 1-103, 1-104; Code 2016, Sec. 1-3)

(a)   The repeal of an ordinance does not revive any previously repealed ordinance.

(b)   The repeal of an ordinance does not affect any punishment or penalty incurred before the repeal took effect or any suit, prosecution or proceeding pending when the repeal took effect.

(Code 2016, Sec. 1-4)

(a)   All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any section such repealed section may be excluded from the Code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the governing body.

(b)   Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language:

       “Section of Iola City Code is hereby amended to read as follows:….”

The new provisions shall then be set out in full as desired.

(c)   If a new section not heretofore existing in the Code is to be added, the following language should be used:

       “The Iola City Code is hereby amended by adding a section, to be numbered _______, which section reads as follows:….”

The new section shall then be set out in full as desired.

(Code 1988, § 1-105; Code 2016, Sec. 1-5)

(a)   By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the governing body. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)   In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c)   When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)   Organize the ordinance material into appropriate subdivisions;

(2)   Provide appropriate catchlines, headings, and titles for sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings, and titles;

(3)   Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)   Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this division,” etc., as the case may be, or to “sections to (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5)   Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

(Code 2016, Sec. 1-6)

Ordinances hereafter adopted which are not of a general or permanent nature shall be numbered consecutively, authenticated, published, and recorded in the book of ordinances, but such ordinances shall not be prepared for insertion in this Code, nor be deemed a part hereof.

(Code 2016, Sec. 1-7)

(a)   The territorial limits and boundaries of the City of Iola, Kansas are hereby defined as follows:

Beginning at a point 25 feet West and 10 feet South of the Southwest (SW) corner of the Northeast (NE ¼) Quarter Section 22 Township 24 South Range 18 East, Thence North 1,330 feet along the west R-O-W line of Marshmallow Lane, Thence East 2730 feet to a point intersecting with east R-O- W line of State Street, Thence North 1,400 feet along east R-O-W line of State Street to a point intersecting the north R-O-W line of Oregon Road, Thence in an Easterly direction following the north R-O-W line of Oregon Road to a point intersecting east R-O-W line of Kentucky Street (1600th Street), Thence in a Southerly direction following the east R-O-W line of Kentucky Street (1600th Street) to a point intersecting the south R-O-W line of North Dakota Road, Thence East 635 feet to the NE (Northeast) corner of lot 16 Sterling Heights Addition, Thence South 640 feet to a point intersecting the SE (Southeast) corner of lot 13 Sterling Heights Addition, Thence East 982 feet to the NE (Northeast) corner of lot 41 Sterling Heights Addition, Thence South 1,965 feet to a point intersecting with the North R-O-W line of Carpenter Street, Thence East 1,000 feet along North R-O- W line of Carpenter Street to a point intersecting east R-O-W line of Truman Drive, Thence South 690 feet along East R-O-W line of Truman Drive, Thence East 460 feet to a point intersecting U.S. 169 Highway R-O-W, Thence Southwesterly 1,080 feet along U.S. 169 Highway R-O-W, Thence Southwesterly 860 feet along U.S. 169 Highway R-O-W to a point intersecting U.S. 54 Highway R-O- W, Thence Southeasterly 155 feet to a point intersecting U.S. Highway 54 and U.S. Highway 169 R- O-W, Thence South 150 feet, Thence West 55 feet to the NE (Northeast) corner of lot 13 Lincoln Park Addition, Thence South 200 feet to SE (Southeast) corner of lot 16 Lincoln Park Addition, Thence West 136 feet, Thence South 15 feet, Thence West 670 feet to a point intersecting vacated Eleventh Street R-O-W, Thence South 920 feet to a point intersecting the SE (Southeast) corner of Eleventh Street and Neosho Street R-O-W, Thence West 315 feet to the east R-O-W line of Tenth Street, Thence South 470 feet along the east R-O-W line of Tenth Street, Thence West 1,660 feet to a point intersecting the C/L of Kentucky Street, Thence South 830 feet, Thence West 1,310 feet to a point intersecting the west R-O-W line of First Street, Thence North 310 feet, Thence West 1,004.5 feet, Thence South 290 feet, Thence West to a point intersection the NW (northwest) corner of the SE ¼ (southeast quarter) of Section 35, Township 24, Range 18, Thence Southerly along the West Section line to a point intersecting the North high bank of Elm Creek, Thence Northeasterly along the north high bank of Elm Creek to a point intersecting the North section line of the Southeast Quarter of Section 35, Township 24, Range 18,Thence East along said section line to a point intersecting the center line of Elm Creek, Thence South along an extend line south from the intersection of said section line and the center line of Elm Creek to a point intersecting the south line of the Abandoned Missouri Pacific Railroad Right-Of-Way, Thence in a Northeasterly direction along said south right-of- way line of Abandoned Missouri Pacific Railroad to a point 10 feet East of the east high bank of Elm Creek, Thence in a Southeasterly direction along a line 10 feet East of the east high bank of Elm Creek to a point intersecting the East section line of Section 35, Range 18, Township 24, Thence South along said section line to the Southeast corner of Section 35, Range 18, Township 24, Thence East along the north section line of Section 01, Range 18, Township 25 to a point intersecting the west right-of-way line of 1650th Street extend north, Thence South along the west right-of-way line of 1650th Street to a point intersecting the Northeast corner of Lot 8 in Funk’s Second Subdivision, Thence West 474.4 feet, Thence South 454 feet, Thence East to a point intersecting the West right- of-way line of 1650th Street, Thence in a Southerly direction along the west right-of-way line of 1650th Street to a point intersecting the north right-of-way line of Montana Road, Thence West along the north right-of-way line of Montana Road to a point 632 feet east and 60 feet north of the southwest corner of the Northeast Quarter of Section 02, Range 18, Township 25, thence North 194 feet, thence Northwesterly to a point 380 feet West and 510 feet North of the southwest corner of the Northwest Quarter of Section 02, Range 18, Township 25, thence West 370 feet, Thence South 320 feet to the north right-of-way line of Montana Road, Thence West 170 feet to the west section line of the Northeast Quarter of Section 02, Range 18, Township 25, Thence South 60 feet to a point intersecting the south right-of-way line of Montana Road, Thence West 2,545 feet to the east right-of- way line of State Street, Thence Northerly along State Street R-O-W to a point 40 feet East and 640 feet North of Southwest corner of the Northwest Quarter of Section 02, Thence East 265 feet, Thence North 397.5 feet to a point intersecting the abandoned A.T.&S.F. Railroad Spur R-O-W, Thence Northeasterly 1,107 feet along said A.T.&.S.F. Railroad Spur R-O-W to a point intersecting the SW (Southwest) corner of Ryan Street R-O-W, Thence Northerly 300 feet along Ryan Street R- O-W to a point intersecting the west R-O-W line of Washington Avenue, Thence Northerly 265 feet along west R-O-W line of Washington Avenue to a point 460 feet South and 1,038 feet East of the Northwest corner of the Northwest Quarter of Section 02, Thence North 1,730 feet along West R-O- W line of Washington Avenue, Thence West 495 feet, Thence North 346 feet, Thence West 145 feet, Thence North 910 feet, Thence West 297.4 feet to a point intersecting the east R-O-W line of State Street, Thence North 160 feet along the east R-O-W line of State Street, Thence West to a point intersecting Section line, Thence North 438 feet, Thence West 445 feet to a point intersecting the east R-O-W line of Abandoned S.K.&O. Railroad, Thence South 438 feet along the east R-O-W line of Abandoned S.K.&O. Railroad, Thence West 100 feet to the west R-O-W line of Abandoned S.K.&O. Railroad, Thence South 590 feet along the west R-O-W line of Abandoned S.K.&O. Railroad, Thence West 1,965 feet to a point intersecting with the C/L (centerline) of the Neosho River, Thence in a Northerly direction following the C/L (centerline) of the Neosho River to a point intersecting the West Section line of the Northeast Quarter of Section 34, Township 24, Range 18, Thence North 280 feet to a point intersecting with the south R-O-W line of Bruner Street, Thence East 1,040 feet to a point intersecting the SW (Southwest) corner of Park Street & Bruner Street R- O-W, Thence North 816 feet, Thence East 150 feet, Thence North 50 feet to a point intersecting the C/L (centerline) of Coon Creek, Thence Northerly along C/L (centerline) of Coon Creek to a point intersecting the south R-O-W line of West Street, Thence East 550 feet, Thence North 66 feet to a point intersecting with the North R-O-W line of West Street, Thence West 150 feet along north R-O- W line of West Street, Thence North 388.2 feet, Thence East 150 feet, Thence North 840.52 feet, Thence East 50 feet, Thence North 100’ to a point intersecting the north R-O-W line of Abandoned Missouri Pacific Railroad R-O-W, Thence West along the north R-O-W line of Abandoned Missouri Pacific Railroad R-O-W to the southwest corner of Lot 1 of I.M.P. Addition to Iola, Thence North 937’ along the west lot line of said Lot 1 of I.M.P Addition to a point intersecting the south R-O-W line of West Lincoln Road, Thence east along the south R-O-W line of West Lincoln Road to the northwest corner of Lot 2 of I.M.P. Addition to Iola, Thence North 30 feet to a point intersecting the C/L (centerline) of West Lincoln Road, Thence West 910 feet along the C/L (centerline) of West Lincoln Road, Thence North 1,743 feet to the NW (northwest) corner of lot 5 Iola Industrial Tract #1, Thence East 998.7 feet, Thence North 1,300 feet to a point intersecting the south R-O-W line of Patterson Avenue, Thence Westerly along the South R-O-W line of Patterson Avenue to a point intersecting the West right-of-way line of Marshmallow Lane, Thence West 1280 feet along the South section line of Section 22, Township 24, Range 18, Thence North 2,640 feet, Thence East 1,320 feet to the Point of Beginning.

(b)   The following tract (Iola Cemetery) is also included within the city limit of Iola, Kansas:

Beginning at a point 911 feet East & 33 feet North of the SE (Southeast) corner of the SE ¼ (Southeast ¼) of Section 27, Township 24, Range 18, Thence 388 feet North, Thence 94 feet East, Thence 905 feet North, Thence 467 feet East, Thence 1,290 feet South, Thence West to the Point of Beginning.

(c)   The following tract (City of Bassett) is not included with the city limits of Iola, Kansas:

Beginning at a point 980 feet West & 550 feet North to the NE (Northeast) corner of the SW ¼ (Southwest ¼) of Section 35, Thence North 350 feet to the NE (Northeast) corner of Wheeler Street R-O-W, Thence West 170 feet, Thence South 50 feet, Thence West 135 feet, Thence South 150 feet, Thence East 135 feet to a point intersecting with the NW (Northwest) corner of Clinker Street R- O-W, Thence South 150 feet, Thence 170 feet East to the Point of Beginning.

(d)   The following tract in the SE ¼ (Southeast Quarter) of Section 22, is not included with the City of Iola, Kansas:

Beginning at a point 452.4 feet West and 25 feet North of the SE (Southeast) corner of the SE ¼ (Southeast Quarter) of Section 22, Thence North 420 feet, Thence West 374.5 feet, Thence North 275 feet, Thence West 2 feet, Thence North 1,082 feet, Thence West 151 feet to the southwest corner of Lot 1 of Patterson Retail Plaza Addition to Iola, Thence Northerly along said west lot line of Lot 1 of Patterson Retail Plaza Addition to Iola to a point intersecting the south R-O-W line of Miller Road, Thence West 340 feet along the south R-O-W line of Miller Road to a point 55 feet South and 1,330 feet West of the northeast corner of the Southeast Quarter of Section 22, Thence South 2,610 feet to a point intersecting with the north R-O-W line of Patterson Avenue, Thence East 40 feet along north R-O-W line of Patterson Avenue, Thence North 392.4 feet, Thence East 417.4 feet, Thence South 392.4 feet to a point intersecting the north R-O-W line of Patterson Avenue, Thence East 430 feet to the point of beginning.

(e)   The following tract in the SW ¼ (Southwest Quarter) of Section 35, is not included with the City of Iola, Kansas:

Beginning at the Southwest corner of Lot 5, Block 2, Napier’s Addition to the City of Iola, Thence East to the Southeast corner of the Jefferson Avenue road right-of-way, Thence North 317.5 feet, Thence East 182.3 feet, Thence South 5 feet, Thence East to the West right-of-way line of South Buckeye Street, Thence South along the West right-of-way line of South Buckeye Street to a point 140 feet West of the East section line of said Southwest Quarter (SW ¼) of Section 35, Thence in a Southwesterly direction to a point 222 feet West of the East section line of said Southwest Quarter (SW ¼) of Section 35, Thence Southeasterly to a point 125 feet West of the East section line of said Southwest Quarter (SW ¼) of Section 35 to a point intersecting the centerline of Elm Creek, Thence in a Westerly direction along the centerline of Elm Creek to a point intersecting the West line of Lot 5, Block 2, Napier’s Addition extended South, Thence North to the point of beginning.

(f)    The following tract in the SW ¼ (Southwest Quarter) of Section 35, is not included with the City of Iola, Kansas:

Beginning at the point of intersection of the North right-of-way line of Portland Street and the East section line of said Southwest Quarter (SW ¼) of Section 35, Thence West 480 feet along the North right-of-way line of Portland Street, Thence North 296.3 feet, Thence West 17.2 feet, Thence North 97.5 feet, Thence West 20 feet, Thence Northwesterly to a point 537.2 feet West of the East section line of said Southwest Quarter (SW ¼) of Section 35, Thence West 209.7 feet, Thence North approximately 520 feet to a point intersecting the South right-of-way line of vacated Missouri Pacific Railroad Spur, Thence in an Easterly direction along the South right-of-way line of vacated Missouri Pacific Railroad Spur to a point 30 feet East of the East section line of said Southwest Quarter (SW ¼) of Section 35, Thence in a Southwesterly direction to a point 800 feet North of the point of beginning, Thence South to the point of beginning.

(Ord. 3197, § 1, 12-30-96; Ord. 3212, § 1, 12-9-97; Ord. 3230, § 1, 12-22-98; Ord. 3281, § 1, 11-27-01; Ord. 3299, § 1, 11-12-02; Ord. 3428, § 1, 1-27-14; Ord. 3430, § 1, 2-24-14; Code 2016, Sec. 1-8)

(a)   In this Code “violation of this Code” means:

(1)   Doing an act that is prohibited or made or declared unlawful, a violation, an offense, or a misdemeanor as provided by ordinance or by rule or regulation;

(2)   Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or

(3)   Failure to perform an act if the failure is declared a misdemeanor, a violation, or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.

(b)   In this Code “violation of this Code” does not include the failure of a city officer or city employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.

(c)   For the purpose of sentencing, unless otherwise specified in this Code, the following classes of violations of this Code and the punishment and terms of confinement authorized for each class are established:

(1)   Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year;

(2)   Class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months;

(3)   Class C, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month; and

(4)   Unclassified violations, which shall include all offenses declared to be violations without specification as to class, the sentence for which shall be in accordance with the sentence specified in the section that defines the offense; if no penalty is provided, the sentence shall be the same penalty as provided herein for a class C violation or class C offense.

(d)   In addition to or in lieu of any other sentence authorized, whenever there is evidence that the act constituting the violation was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the administrative judge of the 31st judicial district of the state or licensed by the state secretary of social and rehabilitation services.

(e)   A person convicted of a violation of this Code may, in addition to, or instead of, the confinement authorized by law, be sentenced to pay a fine which shall be fixed by the court, unless otherwise specified in this Code, as follows:

(1)   Class A violation, a sum not exceeding $2,500.00.

(2)   Class B violation, a sum not exceeding $1,000.00.

(3)   Class C violation, a sum not exceeding $500.00.

(4)   Unclassified violation, any sum authorized by the section that defines the offense. If no penalty is provided for same, the fine shall not exceed the fine provided herein for a class C violation or class C offense.

(f)    The judge of the municipal court may grant probation or suspended sentence upon a conviction for violation of this Code. As a condition of probation or suspended sentence, the judge of the municipal court shall have the authority to order a person to reimburse the city for all or part of the expenditures by the city to provide counsel or other defense services to the person. In determining the amount or method of payment of such sum, the judge of the municipal court that shall take account of the financial resources of the person and the nature of the burden of payment of such sum will impose. A person who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the judge of the municipal court that the payment of the amount due will impose manifest hardship on the person or the person’s immediate family, the judge of the municipal court may waive payment of all or part of the amount due or modify the method of payment.

(g)   The judge of the municipal court, in addition to, or in lieu of any of the penalties or dispositions described in this section, may order a person to pay restitution, which shall include, but not be limited to, damage or loss caused by the person’s conduct, resulting in damage, personal injury, or loss to another person, unless the judge of the municipal court finds compelling circumstances which would render a plan of restitution unworkable. If the judge of the municipal court finds a plan of restitution unworkable, the judge of the municipal court shall state the reasons therefor, on the written docket of the municipal court.

(h)   The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.

(i)    Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.

(Code 1988, §§ 1-111, 1-112; Code 2016, Sec. 1-9)

Nothing in this Code or the ordinance adopting this Code shall affect any of the following:

(a)   Any ordinance promising or guaranteeing the payment of money by or for the city, or authorizing the issuance of any bonds, notes or other evidence of the city’s indebtedness, or the cancellation of such indebtedness.

(b)   Any contract or obligation assumed by the city.

(c)   Any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use.

(d)   Any ordinance dedicating, establishing, opening, reopening, naming, renaming, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights- of-way.

(e)   Any ordinance approving, amending or vacating any plat.

(f)    Any ordinance establishing or changing the grade of any street, avenue, boulevard, trafficway or other public way.

(g)   Any ordinance authorizing, directing or otherwise relating to any public improvement.

(h)   Any ordinance creating sewer districts or districts for public improvements of any kind or nature.

(i)    Any ordinance changing the limits of the city or pertaining to consolidations, annexations or exclusions of territory from the city.

(j)    Any appropriation ordinance or ordinance relating to a specific transfer of funds.

(k)   Any ordinance levying general or special taxes or special assessments not found in this Code.

(l)    Any ordinance granting pensions to retired officers and employees.

(m)  Any ordinance granting any right, privilege, easement or franchise to any person or pertaining to cable television.

(n)   Any ordinance changing the zoning classification of any property within the city or amending the city’s zoning map.

(o)   All charter ordinances.

(p)   Any ordinance prescribing the number, classification, benefits or compensation of any city officers or city employees.

(q)   Any ordinance requiring or providing for the cutting of weeds.

(r)    Any ordinance which is temporary, although general in effect.

(s)   Any ordinance which is special, although permanent in effect.

(t)    Any ordinance the purpose of which has been accomplished.

(Code 2016, Sec. 1-10)

The provisions of this Code, so far as they are the same as ordinances existing at the time of adoption of this Code, shall be considered as a continuation thereof and not as new enactments.

(Code 2016, Sec. 1-11)

(a)   Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.

(b)   The adoption of this Code does not authorize or permit any use or the continuance of any use of a structure or premises in violation of any ordinance of the city in effect on the date of adoption of this Code.

(Code 2016, Sec. 1-12)

It is hereby declared to be the intention of the governing body that the sections, paragraphs, sentences, clauses and phrases of this Code are severable and, if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the governing body without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section.

(Code 1988, § 1-113; Code 2016, Sec. 1-13)