Chapter 1.01
TITLE – ADOPTION OF CODE – AMENDMENTS
Sections:
1.01.020 Adoption of code – Effective date.
1.01.030 Prior ordinances repealed.
1.01.040 Exceptions to repeal.
1.01.050 Continuation of similar provisions.
1.01.010 Title of code.
The general ordinances of Helper City as revised and set forth herein shall be designated and referred to as the “Municipal Code of Helper City, Utah.” Reference by number to any section of this code shall refer not only to that section but also to the penalty clause which is applicable thereto. (Sections 10-3-706 to 10-3-710, Utah Code Annotated 1953) [Code 1988 § 1-2-1].
1.01.020 Adoption of code – Effective date.
This code shall be adopted by an ordinance enacted in accordance with the applicable provisions of Chapter 1.15 HMC and Section 10-3-701, Utah Code Annotated 1953, as amended, and shall become effective at the time set forth in the enacting ordinance. (Section 10-3-710, Utah Code Annotated 1953) [Code 1988 § 1-2-2].
1.01.030 Prior ordinances repealed.
The Revised Ordinances of Helper, Utah, 1945, all subsequent amendments thereto and all other ordinances of the city of a general and permanent character enacted prior to the adoption of this code are hereby repealed except those ordinances which are by HMC 1.01.040 or other reference contained herein expressly saved from repeal. (Section 10-3-709, Utah Code Annotated 1953) [Code 1988 § 1-2-3.1].
1.01.040 Exceptions to repeal.
All existing ordinances of the city which are contractual in character, including franchises, grants, and dedications; special tax ordinances; ordinances relating to bond issues; ordinances relating to boundaries and annexations; ordinances approving development projects; ordinances establishing, naming or vacating streets or other public places; improvement ordinances; ordinances relating to elections; ordinances setting the salaries of elected and statutory officers of the city and all other ordinances of a special rather than a general character, are hereby expressly saved from repeal and shall remain in full force and effect. The ordinances saved from repeal pursuant to this section include but are not limited to the following:
|
Ord. No. |
Title/Subject |
Date of Passage |
|
434 |
Granting Utah Power and Light Company an electric power franchise. |
Feb. 9, 1967 |
|
436 |
Granting franchise to Mountain Fuel Supply Company. |
Jan. 23, 1969 |
|
5-85 |
Establishing a procedure for sale of real property owned by Helper City on Main Street and 1st West. |
Oct. 10, 1985 |
|
78-7 |
Granting franchise to Community Television of Utah. |
Oct. 26, 1978 |
[Code 1988 § 1-2-3.2].
1.01.050 Continuation of similar provisions.
Insofar as any provision of this code is the same in substance and effect as a provision in a previously existing general ordinance, such provision shall be construed as a continuation of the previously existing provision and not a new enactment. (Section 10-3-709, Utah Code Annotated 1953) [Code 1988 § 1-2-4].
1.01.060 Pending proceedings.
A. Nothing contained in this code, either expressly or by implication, 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 done, or any penalty, forfeiture, or punishment so incurred or any right accrued or claim arising before this code takes effect, save only that the proceedings thereafter shall conform to the provisions of this code so far as practicable. If any penalty, forfeiture, or punishment be mitigated by any provision of this code, such provision shall be applied to any judgement announced after this code takes effect.
B. Nothing contained in this code shall be construed as abating any action now pending under or by virtue of any general ordinance of the city repealed hereby; 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 the adoption of this code. (Section 10-3-709, Utah Code Annotated 1953) [Code 1988 § 1-2-5].
1.01.070 Amendments to code.
From and after the effective date of this code, all ordinances of general and permanent character shall be enacted as amendments or additions to this code. All such ordinances shall be prepared in a format consistent with this code and shall be adopted in accordance with the provisions of Chapter 1.15 HMC. [Code 1988 § 1-2-6].