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body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.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)