City of Waverly, IL
Morgan County
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[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."
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.
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.
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)]
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.
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.
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.
All other ordinances, resolutions and motions shall take effect upon their passage unless they otherwise provide.
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.
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.