(Published in the De Soto Explorer on the 23rd day of July 2009)
AN ORDINANCE ADOPTING THE CODIFICATION OF ORDINANCES OF THE CITY OF DE SOTO, KANSAS, PROVIDING FOR THE REPEAL OF CERTAIN OTHER ORDINANCES NOT INCLUDED THEREIN, EXCEPTING CERTAIN ORDINANCES FROM REPEAL AND SAVING CERTAIN ACCRUED RIGHTS AND LIABILITIES.
Be it Ordained by the Governing Body of the City of De Soto, Kansas:
Section 1. Adoption of the Code of the City of De Soto, Kansas.
The codification of ordinances of the City of De Soto, Kansas, prepared by Citycode, LLC, Wichita, Kansas, as set out in the following chapters, Chapters I to XVI and Appendices A and B, all inclusive, and entitled the "Code of the City of De Soto, Kansas," is hereby adopted and ordained as the "Code of the City of De Soto, Kansas." The Code is authorized by ordinance and was made in conformity with K.S.A. 12-3014 and 12-3015 and amendments thereto. Said code shall be duly certified by the City Clerk. One copy of the code shall be filed in the office of the City Clerk and shall be designated as and shall constitute the official ordinance book. Three additional copies shall be filed in the office of the city clerk and shall be designated for use by the public.
Section 2. Repeal of general ordinances.
All ordinances and parts of ordinances of a general nature passed prior to July 16, 2009, are hereby repealed as of the date of publication of said code except as hereinafter provided.
Section 3. Same; excepting certain ordinances from repeal.
In construing this ordinance, 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, easements 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) All charter ordinances;
(o) Any appropriation ordinance or ordinances relating to a specific transfer of funds;
(p) Any zoning ordinance or ordinances changing the zoning classification of any property within the city or amending the city’s zoning map;
(q) Ordinances of a temporary nature;
(r) Any ordinance which is special, although permanent in effect;
(s) Any ordinance, the purpose of which has been accomplished.
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. Ordinances which are not of a general nature shall be numbered consecutively, approved by the governing body, published, and filed with the city clerk, but such ordinances shall not be prepared for insertion in this code, nor be deemed a part hereof.
Section 4. Arrangement of and notations throughout the code.
The arrangement and classification of the several chapters, articles, and sections of the code adopted by section 1 of this ordinance 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.
Section 5. Accrued rights and liabilities.
The repeal of ordinances as provided in section 2 hereof, 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 this ordinance for the purpose of such rights, fines, penalties, forfeitures, liabilities and actions therefor.
Section 6. Severability.
If for any reason any chapter, article, section, subsection, sentence, portion or part of the "Code of the City of De Soto, Kansas," 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.
Section 7. Effective date.
This ordinance shall be published in the official city newspaper and shall take effect and be in force from and after the publication of the “Code of the City of De Soto, Kansas” as provided in K.S.A. 12-3015.
ADOPTED AND PASSED by the governing body of the City on July 16, 2009 and APPROVED AND SIGNED by the Mayor.
(SEAL) /s/ David R. Anderson
DAVID R. ANDERSON, Mayor
____/s/ Lana R. McPherson
LANA R. McPHERSON, City Clerk
APPROVED AS TO FORM:
____/s/ Patrick G. Reavey
PATRICK G. REAVEY, City Attorney