Chapter 1.1
CODE ADOPTION
Sections:
1.1.02 Repeal of prior provisions.
1.1.03 Classification of ordinances.
1.1.04 Arrangement, headnotes and footnotes.
1.1.05 Effect of code on past actions and obligations.
1.1.01 Adoption.
The codification of ordinances of the City of Baxter Springs, Kansas, authorized by Ordinance No. 653, 696, K.S.A. 12-3014 and 12-3015, as set out in the following chapters, Chapters I to XVIII and Appendices A and B, all inclusive, and entitled the “Code of the City of Baxter Springs, Kansas, 2016,” is hereby adopted and ordained as the “Code of the City of Baxter Springs, Kansas, 2016,” and said codification shall become effective upon publication of no fewer than 10 copies of said code in book form. (Ord. 910 § 1)
1.1.02 Repeal of prior provisions.
All ordinances and parts of ordinances of a general nature passed prior to February 10, 2016, in force and effect at the date of the publication of no fewer than 10 copies of the “Code of the City of Baxter Springs, Kansas, 2016,” and the ordinance codified in this chapter, are hereby repealed as of the date of publication of said code except as hereinafter provided. (Ord. 910 § 2)
1.1.03 Classification of ordinances.
In construing this chapter, the following ordinances shall not be considered or held to be ordinances of a general nature:
(a) Ordinances pertaining to the acquisition of property or interests in property by gift, purchase, devise, bequest, appropriation or condemnation;
(b) Ordinances opening, dedicating, widening, vacating or narrowing streets, avenues, alleys and boulevards;
(c) Ordinances establishing and changing grades of streets, avenues, alleys and boulevards;
(d) Ordinances naming or changing the names of streets, avenues and boulevards;
(e) Ordinances authorizing or directing public improvements to be made;
(f) Ordinances creating districts for public improvements of whatsoever kind or nature;
(g) Ordinances levying general taxes;
(h) Ordinances levying special assessments or taxes;
(i) Ordinances granting any rights, privileges, casements or franchises therein mentioned to any person, firm or corporation;
(j) Ordinances authorizing the issuance of bonds and other instruments of indebtedness by the city;
(k) Ordinances authorizing contracts;
(l) Ordinances establishing the limits of the city or pertaining to annexation or exclusion of territory;
(m) Ordinances relating to compensation of officials, officers and employees of the city;
(n) Ordinances of a temporary nature;
Provided, that the above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention to exempt from repeal any and all ordinances not of a general nature and general ordinances specifically excepted by this section. (Ord. 910 § 3)
1.1.04 Arrangement, headnotes and footnotes.
The arrangement and classification of the several chapters, articles, and sections of the code adopted by BSMC 1.1.01 and the headnotes and footnotes at the ends of the sections are made for the purpose of convenience and orderly arrangement, and do not constitute a part of the ordinances, and therefore, no implication or presumption of legislative intent or construction is to be drawn therefrom. (Ord. 910 § 4)
1.1.05 Effect of code on past actions and obligations.
The repeal of ordinances as provided in BSMC 1.1.02 shall not affect any rights acquired, fines, penalties, forfeitures or liabilities incurred thereunder, or actions involving any of the provisions of said ordinances or parts thereof. Said ordinances above repealed are hereby continued in force and effect after the passage, approval and publication of the ordinance codified in this chapter for the purpose of such rights, fines, penalties, forfeitures, liabilities and actions therefor. (Ord. 910 § 5)
1.1.06 Severability.
If for any reason any chapter, article, section, subsection, sentence, portion or part of the “Code of the City of Baxter Springs, Kansas, 2016,” or the application thereof to any person or circumstances is declared to be unconstitutional or invalid, such decision will not affect the validity of the remaining portions of this code. (Ord. 910 § 6)
1.1.07 Effective date.
The ordinance codified in this chapter shall take effect and be in force from and after the publication of the “Code of the City of Baxter Springs, Kansas, 2016,” as provided in K.S.A. 12-3015. (Ord. 910 § 7)