HomeMy WebLinkAboutOrdinances - 22-21 - 03/21/2022 - Scrivener's Error in Title 3 CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 22-21
An Ordinance Correcting the Scrivener's Errors in Title 3,
Finance and Taxation, of the McHenry City Code
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
March 22, 2022
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 23rd day of March 2022.
ORDINANCE NO. 22-21
An Ordinance Correcting the Scrivener's Errors in Title 3,
Finance and Taxation, of the McHenry City Code
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of
this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the
Constitution of the State of Illinois; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform
any function pertaining to its government and affairs for the protection of the public health, safety,
morals and welfare; and
WHEREAS, on August 3, 2020, the City Council adopted Ordinance No. 20-31 which
amended Title 3,Finance and Taxation,by amending the Hotel Operators Occupation Tax set forth in
Chapter 1;by adding the Municipal Retail Motor Fuel Tax as a new chapter(Chapter 8);and by adding
the Local Government Taxpayers' Bill of Rights as a new chapter(Chapter 9); and
WHEREAS, following adoption of Ordinance No. 20-31 and an error in codification,
American Legal Publishing failed to include the ordinance in the online version of the McHenry City
Code; and
WHEREAS, on February 22, 2022, the City Council passed Ordinance No. 22-12 which
amended Title 3,Finance and Taxation, by adding an Electric Use Tax as a new chapter, and, due to a
scrivener's error, said chapter was labeled as Chapter 8; and
WHEREAS, also on February 22, 2022,the City Council passed Ordinance No. 22-13 which
also amended Title 3, Finance and Taxation, by adding a Municipal Gas Use Tax as a new chapter,
and, due to a scrivener's error, said chapter was labeled as Chapter 9; and
WHEREAS,the City desires to correct the scrivener's errors in Title 3,Finance and Taxation,
of the McHenry City Code.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry,
McHenry County, Illinois, as follows:
SECTION 1: The City Council's adoption of Ordinance No. 20-31 which amended Title 3,
Finance and Taxation,by (i) deleting Chapter 1, Hotel Operators Occupation Tax, Section 4(D),Failure
to Pay Tax, and replacing it in its entirety; (ii) deleting Chapter 1, Hotel Operators Occupation Tax,
Section 5, Penalty; (iii) adding Chapter 8, Municipal Retail Motor Fuel Tax; and (iv) adding Chapter 9,
Local Government Taxpayers' Bill of Rights, is hereby ratified and reaffirmed.
SECTION 2: The City Council's adoption of Ordinance No. 22-12 which amended Title 3,
Finance and Taxation, by adding a new chapter, Electric Use Tax, is hereby ratified and reaffirmed;
An Ordinance Correcting the Scrivener's Errors in Title 3,
Finance and Taxation, of the McHenry City Code,Page I
however,the scrivener's error shall be corrected, and Electric Use Tax shall be Chapter 10 of Title 3 and
the subsections shall be renumbered accordingly.
SECTION 3: The City Council's adoption of Ordinance No. 22-13 which amended Title 3,
Finance and Taxation, by adding a new chapter, Municipal Gas Use Tax, is hereby ratified and
reaffirmed; however, the scrivener's error shall be corrected, and Municipal Gas Use Tax shall be
Chapter 11 of Title 3 and the subsections shall be renumbered accordingly.
SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, invalidate or nullify the remainder thereof,which remainder shall remain and continue
in full force and effect.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
PRESENTED to and PASSED by the City Council of the City of McHenry, Illinois, this
21"day of March, 2022.
APPROVED by me as Mayor of said City of McHenry, Illinois, this 22nd day of March, 2022.
/r
Wayne S. Jett, Mayor
ATTEST:
Q
Monte Johnson, ity Clerk
Passed: March 21, 2022
Approved: March 21, 2022
Z:IMMcHenryCityoffOrdinanceslTitle 3 Scrivener's Error.docx
An Ordinance Correcting the Scrivener's Errors in Title 3,
Finance and Taxation, of the McHenry City Code,Page 2
CERTIFICATION
I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified Clerk of
the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records
and minutes and proceedings of the Mayor and Aldermen of said City of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of
McHenry, held on the 21 st day of March, 2022, the foregoing Ordinance entitled An Ordinance
Correcting the Scrivener's Errors in Title 3, Finance and Taxation, of the McHenry City Code as duly
passed by the City Council of the City of McHenry.
The pamphlet form of Ordinance No 22-21, including the Ordinance and a cover sheet thereof,
was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the 22nd day
of March 2022, and will continue for at least 10 days thereafter. Copies of such Ordinance are also
available for public inspection upon request in the office of the City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is entrusted
to me as the Clerk of said City for safekeeping,and that I am the lawful custodian and keeper of the same.
GIVEN under my hand and seal this 22nd day of March 2022.
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n^ Monte Johnson, Clerk
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.a •ao City of McHenry,
McHenry County,Illinois
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An Ordinance Correcting the Scrivener's Errors in Title 3,
Finance and Taxation, of the McHenry City Code,Page 3