§ 1-1-6 (RESERVED)

§ 1-1-7 ADOPTION OF STATE OFFICIALS AND EMPLOYEES ETHICS ACT.

   (A)   The regulations of ILCS Ch. 5, Act 430, § 5-15 and §§ 10-10 through 10-40 of the State Officials and Employees Ethics Act, ILCS Ch. 5, Act 430, §§ 1-1 et seq., (hereinafter referred to as the “Act” in this section) are hereby adopted by reference and made applicable to the officers and employees of the city to the extent required by ILCS Ch. 5, Act 430, § 70-5.

   (B)   The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any officer or any employee of the city is hereby prohibited.

   (C)   The offering or making of gifts prohibited to be offered or made to an officer or employee of the city under the Act is hereby prohibited.

   (D)   The participation in political activities prohibited under the Act, by an officer or employee of the city is hereby prohibited.

   (E)   For purposes of this section, the terms "officer" and "employee" shall be defined as set forth in ILCS Ch. 5, Act 430, § 70-5(c).

   (F)   The penalties for violations of this section shall be the same as those penalties set forth in ILCS Ch. 5, Act 430, § 50-5 for similar violations of the Act.

   (G)   This section does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of the city officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this section, however, the provisions of this section shall prevail in accordance with the provisions of ILCS Ch. 5, Act 430, § 70-5(a).

   (H)   Any amendment to the Act that becomes effective after the effective date of this section shall be incorporated into this section by reference and shall be applicable to the solicitation, acceptance, offering and making of gifts and to prohibited political activities. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this section by reference without formal action by the corporate authorities of the city.

   (I)   If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this section shall be repealed as of the date that the Illinois Supreme Court's decision becomes final and not subject to any further appeals or rehearings. This section shall be deemed repealed without further action by the corporate authorities of the city if the Act is found unconstitutional by the Illinois Supreme Court.

   (J)   If the Illinois Supreme Court declares part of the Act unconstitutional but upholds the constitutionality of the remainder of the Act, or does not address the remainder of the Act, then the remainder of the Act as adopted by this section shall remain in full force and effect; however, that part of this section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the city.

(Ord. 1294, passed 5-3-2004)

DIVISION II: SAVING CLAUSE

§ 1-1-8 REPEAL OF GENERAL ORDINANCES.

   (A)   All general ordinances of the city passed prior to the adoption of this city code are hereby 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 the following section, from which are excluded the following ordinances which are hereby not 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.

(1993 Code, § 1-1-8)

§ 1-1-9 PUBLIC UTILITY ORDINANCES.

   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 city code or by virtue of the preceding section, excepting as this city code shall be considered as amending such ordinance or ordinances in respect to such provisions only.

(1993 Code, § 1-1-9)

§ 1-1-10 COURT PROCEEDINGS.

   (A)   No new ordinance shall be construed or held to repeal a former ordinance, whether such 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 such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by 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, modifying 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 city code.

(1993 Code, § 1-1-10)

§ 1-1-11 SEVERABILITY OF PROVISIONS.

   Each. section, paragraph, sentence, clause and provision of this code is severable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this code, nor any part thereof, other than that part affected by such decision.

(1993 Code, § 1-1-11)

§ 1-1-12 CITY CLERK'S CERTIFICATE.

   The City Clerk's Certificate shall be in the following form:

CITY CLERK'S CERTIFICATE

STATE OF ILLINOIS     )

COUNTY OF MONROE    ) ss.    CITY CLERK'S OFFICE

CITY OF WATERLOO     )

I,                                             , City Clerk of the City of Waterloo, Illinois do hereby certify that the following Revised Ordinances of the City of Waterloo, Illinois, published by authority of the City Council of the City of Waterloo, were duly passed and adopted by the City Council of the City of Waterloo, Illinois, approved by the Mayor and published in book form according to law on this date, and that these ordinances are true and perfect copies of the ordinances as passed, approved and now of record and on file in my office, as provided by law.

In witness whereof, I have set my hand and affixed the corporate seal of the City of Waterloo, this                  day of                         ,          .

                     /s/

                     CITY CLERK

                     CITY OF WATERLOO, ILLINOIS

(SEAL)

(1993 Code, § 1-1-12)