ADOPTING ORDINANCE

ORDINANCE NO. 99-02

AN ORDINANCE ADOPTING THE REVISED CODE OF THE CITY OF CARBONDALE, ILLINOIS, 1998.

   WHEREAS, the City of Carbondale, Illinois, is a home rule unit of local government under the Illinois Constitution, 1970, Article VII, Section 6; and

   WHEREAS, pursuant to Article VII, Section 6(a), of the Illinois Constitution, 1970, the City of Carbondale may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; and

   WHEREAS, the City of Carbondale is considering a revision and codification of the general ordinances of the City of Carbondale; and

   WHEREAS, the Revised Code of the City of Carbondale, Illinois, 1998, has previously been submitted to the City Council for consideration and review, thereby ready for action at this time; and

   WHEREAS, Exhibit "A" herein attached 1 shall be used to represent the Revised Code of the City of Carbondale, Illinois, 1998; and

   WHEREAS, the health, safety and welfare of the citizens of the City of Carbondale require that this ordinance, and the Code adopted thereby, take effect immediately upon its passage.

   NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CARBONDALE, ILLINOIS, AS FOLLOWS:

   SECTION 1. That the printed pamphlet attached to this ordinance as Exhibit "A", shall represent the proposed Revised Code of the City of Carbondale, Illinois, 1998, in its entirety, and is hereby made a part of this ordinance by reference;

   SECTION 2. That the Revised Code of the City of Carbondale, Illinois, 1998, consists of Title 1, Agencies, Officers and Employees; Title 2, Alcoholic Liquor; Title 3, Animals; Title 4, Building, Plumbing, Electrical and Housing Regulations; Title 5, Business and Occupations; Title 6, Cemeteries; Title 7, Finance, Taxation and Business Affairs of the City; Title 8, Fire Prevention and Regulations; Title 9, Transportation; Title 10, Garbage and Other Refuse; Title 11, Health and Safety; Title 12, Library; Title 13, Nuisances; Title 14, Offenses and Penalties; Title 15, Planning, Zoning and Subdivisions; Title 16, Public Utilities and Other Enterprises; Title 17, Streets, Sidewalks and Other Public Property; Title 18, Traffic Regulations; Title 19, Cable Communications; Title 20, General and Miscellaneous Provisions; Title 21, Boundaries of the City of Carbondale, Illinois; and Appendices A, B, C, D, E, F, G, H and I. The entirety of the Code, as represented by Exhibit "A", shall hereinafter be referred to the as the Revised Code of the City of Carbondale, Illinois, 1998.

   SECTION 3. That all ordinances approved by the Carbondale City Council on or after the date of publication of the Revised Code of Carbondale, Illinois, 1998, shall be amendments to the Revised Code of the City of Carbondale, 1998.

   SECTION 4. That the action taken by the Council in this Ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or occurring before the effective date of this ordinance; nor shall such action affect any ordinance or resolution promising or guaranteeing the payment of money for the City or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligations assumed by the City; nor shall such action affect the administrative ordinances or resolutions of the City Council not in conflict or inconsistent with the provisions of such codes; nor shall it affect any ordinance or resolution imposing taxes not in conflict with such code; nor shall it affect any ordinance relative to salaries and wages of City officers and employees, nor shall it affect any right of a franchise conferred by ordinance or resolution of the City on any person, firm, or corporation, not in conflict with said Code; nor shall it affect the annual appropriation ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered on, before, or prior to the effective date of this ordinance, nor shall it affect ordinances or prior to the effective date of this ordinance; and

   SECTION 5. That the City Clerk of the City of Carbondale is hereby authorized to publish this ordinance in pamphlet form, immediately.

   SECTION 6. That all ordinances and parts thereof in conflict herewith are expressly repealed and are of no other force and effect.

   SECTION 7. That the adoption of the 1998 Revised Code of Carbondale shall not affect any rights accrued or liability incurred by the City to the effective date hereof.

   SECTION 8. That it is the intention of the City Council of the City of Carbondale that this Ordinance and every provision thereof shall be considered separable, and the invalidity of any section, clause, or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance.

   SECTION 9. The provisions of this Ordinance insofar as they are the same or substantially the same as those of any prior ordinance, shall be construed as a continuation of said prior ordinances.

   SECTION 10. That the City Council of the City of Carbondale finds that the subject matter of this Ordinance pertains to the government and affairs of the City of Carbondale and is passed pursuant to authorities granted it by State statutes and the Home Rule powers of the City of Carbondale pursuant to the provisions of Article VII, Section 6(a) of the Illinois Constitution.

   SECTION 11. This ordinance, including Exhibit "A", representing the Revised Code of the City of Carbondale, Illinois, 1998, attached hereto which is a part hereof, having been approved by a vote of 2/3 of all members holding office on this Council, and its adoption being a matter of urgency for the protection of the health, welfare and safety of the citizens of the City of Carbondale, shall take effect immediately upon its passage.

   SECTION 12. That this Ordinance shall be known as Ordinance No. 99-02 of the Ordinances of the City of Carbondale, Illinois, and is of great public importance and urgency and that the terms of the Ordinance shall be in full force and effect immediately upon its passage and approval.

 

Notes

1	1. Exhibit "A" is attached to Ordinance 99-02 on file in the City Clerk's office.