[Adopted as Ch. 2, Art. III, Div. 1, of the 1973 Code]
The enacting style of all ordinances shall be: "Be it Ordained
by the City Council of the City of Waverly, Illinois."
A.
The City
Clerk shall record, in a book used exclusively for that purpose, all
ordinances passed by the City Council. Immediately following each
ordinance, the City Clerk shall make a memorandum of the date of the
passage and the publication, where required, of the ordinance.
B.
Prima facie
evidence. The record and memorandum of ordinances passed by the City
Council, or a certified copy thereof, shall be prima facie evidence
of the contents, passage and the publication or posting of ordinances.
A.
All ordinances of the City imposing any fine, penalty, imprisonment
or forfeiture, or making any appropriation, shall be printed in book
or pamphlet form, published by authority of the corporate authorities,
or be published at least once, within 30 days after passage, in one
or more newspapers published in the City, or if no newspaper is published
therein, then in one or more newspapers with a general circulation
within the City. No such ordinance shall take effect until 10 days
after it is so published, except that an ordinance imposing a municipal
retailers' occupational tax adopted under 65 ILCS 5/8-11-1, or effecting
a change in the rate thereof, shall take effect on the first day of
the month following the expiration of the thirty-day publication period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
If there
is an error in printing, the publishing requirement of this section
shall be satisfied if those portions of the ordinance that were erroneously
printed are republished, correctly, within 30 days after the original
publication that contained the error. The fact that an error occurred
in publication shall not affect the effective date of the ordinance
so published. If the error in printing is not corrected within 30
days after the date of the original publication that contained the
error, as provided in the preceding sentence, the City Council may
by ordinance declare the ordinance that was erroneously published
to be nevertheless valid and in effect no sooner than the 10th day
after the date of the original publication, notwithstanding the error
in publication, and shall order the original ordinance to be published
once more within 30 days after the passage of the validating ordinance.
(2)
Anything
in this section to the contrary notwithstanding, any ordinance which
contains a statement of its urgency in the preamble or body thereof,
other than an ordinance adopted under Article 8 of the Illinois Municipal
Code (65 ILCS 5/8-1 et seq.), may take effect immediately upon its
passage, provided that the City Council, by a vote of 2/3 of all the
members then holding office, so directs. The decision of the City
Council as to the urgency of any ordinance shall not be subject to
judicial review except for an abuse of discretion.
(3)
Ordinances
establishing rules and regulations for the construction of buildings
or any part thereof, or for the development or operation of camps
accommodating persons in house trailers, house cars, cabins or tents,
where such rules and regulations have been previously printed in book
or pamphlet form, may by their terms provide for the adoption of such
rules and regulations or portions thereof by reference thereto without
further printing, or publication, if not less than one copy of such
rules and regulations in book or pamphlet form has been filed in the
office of the City Clerk for use and examination by the public at
least 30 days prior to the adoption thereof.
B.
All other ordinances, resolutions and motions shall take effect upon
their passage unless they otherwise provide.
A.
The contents of all City ordinances, the date of passage and the
date of publication or posting, where required, may be proved by the
certificate of the City Clerk, under the Seal of the City.
B.
Whenever City ordinances are printed in book or pamphlet form, and
purport to be published by authority of the City Council, such book
or pamphlet shall be prima facie evidence of the contents, passage
and legal publication of such ordinances, as of the dates mentioned
in such book or pamphlet, in all courts and administrative tribunals.
