City of Waverly, IL Adoption of Code

[Adopted 11-6-2018 by Ord. No. 18-6]

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.

§ 1-2 Continuation of existing provisions.

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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.

§ 1-3 Repeal of enactments not included in Code.

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contained therein, and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.

§ 1-4 Enactments saved from repeal; matters not affected.

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:

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.

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.

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.

Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the City of Waverly.

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.

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.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of special assessments or charges.

The annexation or dedication of property.

Any ordinance relating to salaries and compensation.

Any Zoning Ordinance or any ordinance amending the City Zoning Ordinance.

Any ordinance relating to or establishing a pension plan or pension fund for City employees.

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.

Any legislation establishing street-specific vehicle and traffic regulations.

Any ordinance adopted subsequent to February 6, 2018.

§ 1-5 Severability.

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.

§ 1-6 Copy of Code on file.

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.

§ 1-7 Amendments to Code.

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.

§ 1-8 Sale of Code; supplementation.

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.

§ 1-9 Penalties for tampering with 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.

§ 1-10 Changes to previously adopted legislation; new provisions.

In compiling and preparing the ordinances for publication as the Code of the City of Waverly, no changes in the meaning or intent of such ordinances have been made. In addition, certain grammatical changes, administrative changes, and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the City Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.

In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]

[1]

Editor’s Note: In accordance with § 1-10B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 11-6-2018 by Ord. No. 18-6." Schedule A, which contains a complete description of all changes, is on file in the City offices.

§ 1-11 Incorporation of provisions into 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.

§ 1-12 When effective.

This ordinance shall be in full force and effect 10 days following publication as provided by law.

§ 1-13 (Reserved)