The ordinances of the City of Waverly, as codified by General Code, LLC, and consisting of Chapters
1 through
310, together with an Appendix, shall be known collectively as the "Code of the City of Waverly," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the City of Waverly to any other ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1973 Code and ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such 1973 Code and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior Code or ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the City Council of the City of Waverly, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below.
All ordinances of a general and permanent nature of the City
of Waverly in force on the date of the adoption of this ordinance,
inconsistent with the provisions contained therein, and not contained
in such Code or recognized and continued in force by reference therein
are hereby repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in §
1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any right
or liability established, accrued or incurred under any legislative
provision of the City of Waverly prior to the effective date of this
ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B. Any offense
or act committed or done before the effective date of this ordinance
in violation of any legislative provision of the City of Waverly or
any penalty, punishment or forfeiture which may result therefrom.
C. Any prosecution,
indictment, action, suit or other proceeding pending or any judgment
rendered prior to the effective date of this ordinance brought pursuant
to any legislative provision of the City of Waverly.
D. Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of Waverly.
E. Any ordinance
of the City of Waverly providing for the laying out, opening, altering,
widening, relocating, straightening, establishing grade, changing
name, improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place within the City
of Waverly or any portion thereof.
F. Any ordinance
of the City of Waverly appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond of the City of Waverly or other
instruments or evidence of the City's indebtedness.
G. Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
H. The levy
or imposition of special assessments or charges.
I. The annexation
or dedication of property.
J. Any ordinance
relating to salaries and compensation.
K. Any Zoning
Ordinance or any ordinance amending the City Zoning Ordinance.
L. Any ordinance
relating to or establishing a pension plan or pension fund for City
employees.
M. Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the City or establishing
required bond and/or insurance amounts.
N. Any legislation
establishing street-specific vehicle and traffic regulations.
O. Any ordinance
adopted subsequent to February 6, 2018.
If any clause, sentence, paragraph, section, article, chapter
or part of this ordinance or of any ordinance included in this Code
now or through supplementation shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section, article, chapter or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the
office of the City Clerk of the City of Waverly and shall remain there
for use and examination by the public until final action is taken
on this ordinance; and, if this ordinance shall be adopted, such copy
shall be certified to by the City Clerk of the City of Waverly by
impressing thereon the Seal of the City of Waverly, and such certified
copy shall remain on file in the office of said City Clerk to be made
available to persons desiring to examine the same during all times
while said Code is in effect. The enactment and publication of this
ordinance, coupled with the availability of a copy of the Code for
inspection by the public, shall be deemed, held and considered to
be due and legal publication of all provisions of the Code for all
purposes.
Any and all additions, deletions, amendments or supplements
to any of the ordinances known collectively as the "Code of the City
of Waverly" or any new ordinances, when enacted or adopted in such
form as to indicate the intention of the City Council to be a part
thereof, shall be deemed to be incorporated into such Code so that
reference to the Code shall be understood and intended to include
such additions, deletions, amendments or supplements. Whenever such
additions, deletions, amendments or supplements to the Code shall
be enacted or adopted, they shall thereafter be published and, as
provided hereunder, inserted in the Code as amendments and supplements
thereto. Nothing contained in this ordinance shall affect the status
of any ordinance contained herein, and such ordinances may be amended,
deleted or changed from time to time as the City Council deems desirable.
Copies of the Code, or any chapter or portion of it, may be
purchased from the City Clerk, or an authorized agent of the Clerk,
upon the payment of a fee to be set from time to time by the City
Council. The Clerk may also arrange for procedures for the periodic
supplementation of the Code.
Any person who, without authorization from the City Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the City of Waverly or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the City of Waverly to be misrepresented thereby or who violates any other provision of this ordinance shall be subject to penalties as set forth in Chapter
1, Article
III, Penalties and Enforcement, of the City Code.
The provisions of this ordinance are hereby made Article
I of Chapter
1 of the Code of the City of Waverly, such ordinance to be entitled "General Provisions, Article
I, Adoption of Code," and the sections of this ordinance shall be numbered §§
1-1 to
1-12, inclusive.
This ordinance shall be in full force and effect 10 days following
publication as provided by law.