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All general ordinances of the city passed prior to the adoption of this code are repealed, except such as are referred to herein as being still in force or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in § 10.16) from which are excluded the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the city; and all special ordinances.
(1977 Code, § 1-2-1)
No ordinance relating to railroads or railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this code or by virtue of § 10.15, excepting as this code may contain provisions for such matters in which case this code shall be considered as amending the ordinance or ordinances in respect to such provisions only.
(1977 Code, § 1-2-2)
(A) No new ordinance shall be construed or held to repeal a former ordinance, whether the former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of the proceeding, so far as practicable. If any penalty, forfeiture or punishment is mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
(B) This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
(C) Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this chapter be deemed as discontinuing, abating, nullifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of the adoption of this code.
(1977 Code, § 1-2-3)
All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided.
Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.
If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place. The following procedure shall be used to amend this code of ordinances:
(A) Determine if the ordinance under consideration should be included in the code;
(B) If the ordinance under consideration is to be included in the code, determine under which title, chapter and section (and division, if applicable) it should be placed;
(C) The format of the ordinance amending the code should then be as follows:
(1) Title. The same procedure is used in the amendment of divisions. Example:
“An ordinance amending the Metropolis Code, Title III, City government (use appropriate title number and heading), Chapter 31, Committees (use appropriate chapter number and heading), § 31.16, “mayor to appoint” (use appropriate section number and heading).”
(2) Preamble. The preamble is desirable as an explanation of the City Council’s policy or reasons for enacting the ordinance. Example:
“Whereas, ...”
(3) Ordaining clause. An ordaining clause is absolutely necessary (ILCS Ch. 65, Act 5, § 1-2-2). All ordinances must begin with the words, “BE IT ORDAINED.” Example:
“BE IT ORDAINED by the Mayor and City Council of the City of Metropolis, Illinois:”
(4) Body and codification. This tells what part of the code is being amended and then sets out the amendment itself. Example:
Section 1: That Title III, Chapter 31, § 31.16 is hereby amended by adding to the committees in § 31.16, the following:
“(Insert amendment)”
(5) Effective date. All ordinances shall take effect and publication of ordinances shall be made in accordance with the provisions of ILCS Ch. 65, Act 5, § 1-2-4;
(6) Separability. Those ordinances which are major policy enactments and which contain many provisions, some of which may be challenged for their constitutionality, ought to contain a paragraph such as the following:
“The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this chapter shall not affect the validity of the remainder.”
(7) Vote required. It is good practice, in the drafting of an ordinance, to make a provision for listing the aldermen or trustees who voted for and against adoption. Most ordinances require only a simple majority, but there are some that have statutory requirements for a greater than majority vote. For example, the vacation of a street or alley under ILCS Ch. 65, Act 5, § 11-91-1 requires the affirmative vote of at least three-fourths of the aldermen, trustees or commissioners then holding office. In such cases, the ordinance form should show the number then holding office, the number present and the “aye” and “nay” vote. Example:
“Passed by the Mayor and City Council of the City of Metropolis, Illinois, on the day of , 2000.
AYE
NAY ”
(8) Form of signature. Following the date of passage and the recording of the vote, the ordinance form may provide for the certification of the Municipal Clerk that this was the action taken by the legislative body. Following that is the place for the approval of the Mayor or President. This becomes important in the case of a veto by the Mayor or President. Example:
“______________________________ City Clerk of the City of Metropolis, Illinois
Approved by the Mayor of the City of Metropolis, Illinois, this day of , 2000.
_______________________________
Mayor of the City of Metropolis, Illinois
ATTEST:
____________________________________
City Clerk of the City of Metropolis, Illinois”
(D) Upon proper completion of steps set forth in divisions (A) through (C), the code will be amended and will embody the provisions of the amending ordinance.
(Ord. passed 9-26-1977)
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and amending ordinances, if any, are listed following the text of the code section. Example: (1977 Code, § 2-70) (Ord. 10, passed 5-13-1960; Am. Ord. 15, passed 1-1-1970; Am. Ord. 20, passed 1-1-1980; Am. Ord. 25, passed 1-1-1985)
(B) (1) If an ILCS cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example:
§ 39.01 COMPOSITION.
The City Council shall consist of the Mayor and Aldermen. It shall meet in accordance with the Open Meetings Act, ILCS Ch. 5, Act 120, §§ 1 et seq. It shall keep a journal of its own proceedings.
(ILCS Ch. 65, Act 5, § 3.1-40-5) (Ord. 81-0, passed 1-17-1981)
(2) If an ILCS cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:
§ 39.02 MAYOR PRESIDES.
The Mayor shall preside at meetings of the City Council.
Statutory reference:
Additional provisions, see ILCS Ch. 65, Act 5, § 3.1-40-30
No officer or employee of the city shall issue any book or pamphlet containing any section or sections of this code numbered differently than as numbered herein; and no section number shall be changed by the officer or employee in drafting any ordinance amending any section, chapter or title of same. In case any ordinance is introduced in the City Council, under which the numbers of any of the sections of this ordinance would be changed if passed, it shall be the duty of the City Clerk to submit to the Corporate Counsel for correction as to such numbering before its passage.
(1977 Code, § 1-1-6)
No officer or employee of the city shall issue, mail or distribute, as a publication on the part of the city or any officer, department, bureau or branch of the city government, any book, pamphlet, leaflet, card, circular or other printed matter purporting to contain excerpts or quotations from the Metropolis City Code or purporting to give the law on any subject to the public, either as a reprint of a statute, ordinance or other legislative enactment or as a digest, interpretation, resume, condensation or explanation of the same, without submitting the book, pamphlet, leaflet, card, circular or other printed matter, or the portion of same, which purports to quote or give the law to the Corporate Counsel for examination and approval as to form and as to whether or not the law is correctly stated therein.
(1977 Code, § 1-1-8)
Two copies of the Metropolis City Code shall be printed, posted, or otherwise mounted on paper sufficiently thick and tough to withstand heavy usage, and preserved by the City Clerk in a book or binder in loose-leaf form, or in such other form as the City Clerk may consider most expedient, so that all amendments thereto and all general ordinances hereafter passed may be inserted in their appropriate places in such volumes, and all sections or ordinances repealed from time to time may be extracted for the purpose of maintaining two copies in such condition that they will show all general ordinances passed up to date at any time in such manner that ready reference may be had thereto. In determining whether or not any ordinance hereafter passed, or any part thereof, shall be inserted in the volume, and in determining the form, place, title, chapter or section in which it shall be inserted, and also in determining what shall be taken out, if any doubt arises, the City Clerk shall be guided by the advice of the Corporate Counsel.
(1977 Code, § 1-1-10)
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