HANNA CITY, ILLINOIS
CODE OF ORDINANCES
CODE OF ORDINANCES
Current through Local Legislation Ord. No. 18-12-02, passed 12-4-2018
Published by:
American Legal Publishing Corporation
One West Fourth Street, Third Floor
Cincinnati, Ohio 45202
Tel: (800) 445-5588
Fax: (513) 763-3562
Internet: http://www.amlegal.com
American Legal Publishing Corporation
One West Fourth Street, Third Floor
Cincinnati, Ohio 45202
Tel: (800) 445-5588
Fax: (513) 763-3562
Internet: http://www.amlegal.com
TITLE I: GENERAL PROVISIONS
Chapter
10. RULES OF CONSTRUCTION; GENERAL PENALTY
Section
10.01 Title of code
10.02 Definitions
10.03 Section headings
10.04 Rules of construction
10.05 Official time
10.06 Revivor; effect of amendment or repeal
10.07 Reference to other sections
10.08 Conflicting provisions
10.09 Amendments to code
10.10 Severability
10.11 Reference to public office or officer
10.12 Errors and omissions
10.13 Ordinances repealed
10.14 Ordinances unaffected
10.15 Ordinances saved
10.16 Technical codes
10.17 Historical and statutory references
10.99 General penalty
This codification by and for the Village of Hanna City, Illinois, shall be designated as the “Code of Hanna City”, and may be so cited.
For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANOTHER. When used to designate the owner of property which is the subject of an offense, includes not only natural persons, but also every other owner of property.
BOARD OF TRUSTEES or VILLAGE BOARD. The Board of Trustees of the village.
COUNTY. Peoria County, Illinois.
COUNTY BOARD. The County Board of Peoria County, Illinois.
(5 ILCS 70/1.07)
COURT. Any court of competent jurisdiction.
DECREE. Synonymous with JUDGMENT.
(5 ILCS 70/1.24)
ELECTORS. Persons qualified to vote for elective officers at municipal elections.
(65 ILCS 5/1-1-2)
EXECUTIVE OFFICER. Words used for an executive or ministerial officer may include any deputy or other person performing the duties of that officer, either generally or in special cases.
(5 ILCS 70/1.08)
HERETOFORE or HEREAFTER.HERETOFORE means any time previous to the day on which the ordinance, resolution or statute takes effect; HEREAFTER means at any time after that date.
(5 ILCS 70/1.17)
HIGHWAY,ROAD or STREET. May include any road laid out by authority of the United States, or of the state, or of any town or county of the state, and all bridges thereupon.
(5 ILCS 70/1.16)
KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves, or as a servant, agent or employee.
LAND or REAL ESTATE. Includes rights and easements of an incorporeal nature.
MAY. The act referred to is permissive.
MAYOR. The President of the Village of Hanna City.
MONTH. A calendar month.
(5 ILCS 70/1.10)
MUNICIPAL CODE. The Illinois Municipal Code, 65 ILCS 5.
OATH. Includes affirmation, and SWEAR includes affirm.
(5 ILCS 70/1.12)
OWNER. When applied to property, includes any part owner, joint owner, purchaser and seller under a contract and/or deed, or tenant in common of the whole or part of the property, and includes any beneficiary of a land trust which owns property.
PERSON. Any legal person; includes associations, partnerships, corporations, joint ventures and bodies politic and corporate as well as individuals.
(5 ILCS 70/1.05)
PERSONAL PROPERTY. Includes all property, except real.
POLICE OFFICERS. Police officers employed and in the service of the Village of Hanna City. POLICE FORCE shall be construed to include those persons in the employ of a village as members of the Department of Police, who are or shall hereafter be appointed and sworn as POLICE OFFICERS.
(5 ILCS 70/1.20)
PREMISES. As applied to property, includes land and buildings.
PROPERTY. Includes real, personal, mixed estates and other interests.
PUBLIC AUTHORITY. Includes school districts; units of legal government; the village, county, state or federal governments, officers and agencies thereof, or any commissions or committees thereof; or any duly authorized public official.
PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement.
REAL PROPERTY. Includes lands, tenements and hereditaments.
REGISTERED MAIL. Includes certified mail and CERTIFIED MAIL includes registered mail.
SHALL. The act referred to is mandatory.
SIDEWALK. The portion of the street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.
(625 ILCS 5/1-188)
SPECIAL DISTRICTS. The meaning ascribed in Art. VII of the Constitution of the state of 1970.
(5 ILCS 70/1.29)
STATE. The State of Illinois.
STREET. Where the context admits, includes alleys, lanes, courts, boulevards, squares and other public thoroughfares.
TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of the premises, alone or with others.
THIS CODE or THIS CODE OF ORDINANCES. The village code hereby adopted, and as hereinafter modified by amendment, revision and by the adoption of new titles, chapters or sections.
UNITS OF LOCAL GOVERNMENT. The meaning established in § 1 of Art. VII of the Constitution of the state of 1970.
(5 ILCS 70/1.28)
WEEK. Seven consecutive days.
VILLAGE. The Village of Hanna City.
WHOEVER. Includes all persons, natural and artificial; partners; principals, agents and employees; and all officials, public or private.
WRITTEN or IN WRITING. Includes printing, electronic and any other mode of representing words and letters; but when the written signature of any person is required by law on any official or public writing or bond, required by law, except as otherwise provided by law, it shall be:
(1) In the proper handwriting of that person or, in case he or she is unable to write, his or her proper mark; or
(2) An electronic signature as defined in the Electronic Commerce Security Act, 5 ILCS 175/1-101 et seq., except as otherwise provided by law.
(5 ILCS 70/1.15)
YEAR.
(1) A calendar year, unless otherwise expressed.
(2) The word YEAR alone is equivalent to the expression “Year of Our Lord”.
(5 ILCS 70/1.10)
Headings and captions used in this code are employed for reference purposes only and shall not be deemed a part of the text of any section.
(A) (1) Words and phrases shall be read in context and construed according to the rules of grammar and common usage.
(2) Words and phrases that have acquired a technical or particular meaning, whether by legislative or judicial definition or otherwise, shall be construed accordingly.
(B) As used in this code, unless the context otherwise requires, the following rules will be followed.
(1) The singular shall include the plural, and the plural shall include the singular.
(5 ILCS 70/1.03)
(2) Words of one gender shall include the other genders.
(5 ILCS 70/1.04)
(3) Words in the present tense shall include the future.
(5 ILCS 70/1.02)
(4) AND may be read OR, and OR may be read AND, if the context admits.
(C) The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in the state and, then, it shall also be excluded. If the day succeeding Saturday, Sunday or a holiday is also a holiday or a Saturday or Sunday, then the succeeding day shall also be excluded.
(5 ILCS 70/1.11)
(D) When the law requires an act to be done which may by law as well be done by an agent as by the principal, the requirement shall be construed to include all such acts when done by an authorized agent.
(E) Words purporting to give joint authority to three or more municipal officers or other persons shall be construed as giving authority to a majority of the officers or persons.
(5 ILCS 70/1.09)
(F) These rules of construction shall not apply to any provision of this code which shall contain any express provision excluding that construction, or when the subject matter or context of this code may be repugnant thereto.
(G) All general provisions, terms, phrases and expressions shall be liberally construed in order that the true intent and meaning of the President and Board of Trustees may be fully carried out.
(5 ILCS 70/1.01)
(H) The provisions of any ordinance, insofar as they are the same as those of any prior ordinance, shall be construed as a continuation of the prior provisions and not as a new enactment.
(5 ILCS 70/2)
The official time for the village shall be as set by federal law.
(A) The repeal of a repealing ordinance does not revive the ordinance originally repealed, nor impair the effect of any saving clause therein.
(B) The reenactment, amendment or repeal of an ordinance does not do any of the following, except as provided in division (C) below:
(1) Affect the prior operation of the ordinance or any prior action taken thereunder;
(2) Affect any validation, cure, right, privilege, obligation or liability previously acquired, accrued, accorded or incurred thereunder;
(3) Affect any violation thereof or penalty, forfeiture or punishment incurred in respect thereto, prior to the amendment or repeal; or
(4) Affect any investigation, proceeding or remedy in respect of any privilege, obligation, liability, penalty, forfeiture or punishment. The investigation, proceeding or remedy may be instituted, continued or enforced, and the penalty, forfeiture or punishment imposed, as if the ordinance had not been repealed or amended.
(C) If the penalty, forfeiture or punishment for any offense is reduced by a reenactment or amendment of an ordinance, the penalty, forfeiture or punishment, if not already imposed, shall be imposed according to the ordinance as amended.
(A) Wherever in a penalty section reference is made to a violation of a section or an inclusive group of sections, the reference shall be construed to mean a violation of any provision of the section or sections included in the reference.
(B) References in this code to action taken or authorized under designated sections of this code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by this code.
(C) Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision and the context clearly indicates that the reference to the section as amended or revised was not intended.
If the provisions of different codes, chapters or sections of these codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.
All ordinances passed subsequent to this code which amend, repeal or in any way affect this code may be numbered in accordance with the numbering system of this code and printed for inclusion herein, or in the case of repealed chapters, sections and divisions, or any part thereof, by subsequent ordinances, the repealed portions may be excluded from the code by the omission from reprinted pages affected thereby, and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of subsequent ordinances until this code of ordinances and subsequent ordinances numbered or omitted are readopted as a new code of ordinances by the Board of Trustees.
If any provision of a section of these codified ordinances or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application and, to this end, the provisions are severable.
Reference to a public office or officer shall be deemed to apply to any office, officer or employee of the village exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. These references shall also include the designee or agent of the officer or office, unless the law or the context clearly requires otherwise.
If a manifest error is discovered consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected, and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code of ordinances.
All ordinances of a temporary or special nature (including, but not limited to, 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 village; and all special ordinances), as well as any other ordinances pertaining to subjects not enumerated and embraced in this code of ordinances, shall remain in full force and effect unless herein repealed expressly or by necessary implication.
Whenever an ordinance, by its nature, either authorizes or enables the Board of Trustees or a certain village officer or employee to make additional regulations for the purpose of carrying out the intent of the ordinance, all regulations of a similar nature serving that purpose, effected prior to the codification and not inconsistent thereto, shall remain in effect and are saved.
Whenever any technical codes are incorporated herein by reference, any subsequent amendments or revisions to the technical codes shall automatically become a part of this code and shall be made available for public inspection by the village. Further, to the extent of any conflict between the technical provisions of this code and any technical codes adopted by reference, the most restrictive provision shall prevail.
(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: (Ord. 10, passed 5-13-1960; Ord. 15, passed 1-1-1970; Ord. 20, passed 1-1-1980; Ord. 25, passed 1-1-1985)
(B) An “ILCS” cite included in the history indicates that the text of the section reads either verbatim or substantially the same as the statute. Example: (65 ILCS 5/3.1-2-1)
(C) An “ILCS” cite set forth as a “statutory reference” following the text of the section indicates that the reader should refer to that statute for further information. Example:
The village shall make available to any person for inspection or copying all public records, as provided in the state’s Freedom of Information Act.
Statutory reference:
Freedom of Information Act, see 5 ILCS 140/1 et seq.
Whoever violates any provision of this code or other ordinance of the village, for which another penalty is not specifically provided, shall be fined not more than $750 for each and every violation thereof; and, every day the violation continues shall constitute a separate offense.
Statutory reference:
Authority to imprison for certain ordinance violations, see 65 ILCS 5/1-2-1.1
Limitations on penalties and collection upon default in payment, see 65 ILCS 5/1-2-1
TITLE III: ADMINISTRATION
Chapter
30. OFFICERS AND ORGANIZATIONS
31. VILLAGE POLICIES
32. FINANCE AND REVENUE
Section
General Provisions
30.01 Oath; bond
30.02 Other village officials
30.03 Duties and obligations of officers
30.04 Board meetings
30.05 Penalty, censure or expulsion of Board members
30.06 Standing committees
30.07 Village Attorney
30.08 Planning Commission
30.09 Qualifications
30.10 Compensation
Board of Trustees
30.25 Proceedings before Board of Trustees
30.26 Presiding officer
30.27 Meetings
30.28 Quorum
30.29 Deferral of committee reports
30.30 Addressing the Board of Trustees
Elections
30.45 President; election; term; vacancy
30.46 Village Clerk; election; term; vacancy
30.47 Trustees; election, term, and vacancies
GENERAL PROVISIONS
(A) (1) Before entering upon the duties of their respective offices, all village officers, whether elected or appointed, shall take and subscribe the following oath:
I do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of ____________according to the best of my ability.
(2) This oath, so subscribed, shall be filed in the office of the Clerk.
(2010 Code, § 31.02)
(B) (1) Each officer, except Trustees, shall, before entering upon the duties of office, execute a bond with security to be approved by the Board of Trustees, conditioned for the faithful performance of the duties of the office and the payment of all money received by the officer, according to law and the provisions of this code.
(2) No officer of the village shall be received on the official bond of any other village officer, and all officers shall be commissioned pursuant to statute.
(3) The village shall pay all costs for bonding.
(2010 Code, § 170.01)
(A) The President, with the advice and consent of the Board of Trustees, shall appoint the following advisors.
(B) These advisors may be removed by the powers appointing them:
(1) Village Engineer; and
(2) Village Attorney.
(2010 Code, § 170.02)
(A) Pay money to Treasurer. All officers collecting or receiving any money belonging to the village shall immediately pay the money to the Village Treasurer and take a receipt for it. These officers shall report quarterly to the Trustees an accurate statement of all money received by them for the preceding quarter, specifying the amount, its source and the account upon which it was received. No officer shall retain any money collected or received by him or her toward the payment of any salary or fees which the village may owe him or her, but shall pay all of the money into the Village Treasury. Any officer violating any of the provisions of this section shall be subject to a penalty as provided in this code.
(B) Liability of officers. All officers shall be liable to the village for all loss or damage that may arise from their negligence or willful misconduct in the discharge of any official duty, and the Board of Trustees may, in its discretion, by order, withhold the salary of any officer to secure the village from loss. If any officer shall fail, neglect or refuse to perform or discharge any duty required of him or her, the President and Board of Trustees may employ or appoint any competent person to perform the duty. If this occurs, the costs and expenses of this action shall be charged to the officer and deducted from his or her salary or, if the salary is insufficient to pay the costs and expenses of this action, the village may recover these costs and expenses by suit in the village’s name before any court of competent jurisdiction.
(C) Failure to perform duties. If any village officer shall fail, refuse or neglect to perform any duty imposed upon him or her by any provision of this code or law of the state, that officer shall be subject to a fine and the offense shall operate as a removal from office.
(2010 Code, § 170.03) Penalty, see § 10.99
(A) Regular meetings. The regular meetings of the President and Board of Trustees of the village shall be held in the Village Hall, or at any other place in the village as the President and Board of Trustees shall provide, on the first and third Tuesday of each calendar month, unless the day of the regularly scheduled meeting is a public holiday, in which case the Board shall meet on a date set by the Board. All regular meetings shall convene at 7:00 p.m., unless otherwise ordered by the Board.
(B) Roll call; order of business. At the hour appointed for the meeting, the Clerk (or someone appointed to take his or her place) marking the absentees, and announce whether a quorum is present. Upon the appearance of a quorum, the Board shall be called to order, the President taking the chair and the Board appointing an acting President if the President should be absent. The following shall be the order of business:
(1) The reading of the minutes of the last regular or adjourned meeting, amendment and approval of the minutes;
(2) The presentation of petitions;
(3) Reports of village officers;
(4) Reports of standing committees;
(5) Reports of special committees;
(6) Communications to the Board, which may also be considered at any time;
(7) Unfinished business of preceding meetings;
(8) Motions, resolutions and notices;
(9) New business not otherwise provided for; and
(10) Applications for licenses and the like.
(C) Rules governing meetings.
(1) All questions relating to the priority of business shall be decided without debate. The President shall preserve order and decorum, decide all questions of order, subject to an appeal to the Board and endeavor to conduct all business before the Board with fairness and impartiality, to a speedy and proper result. While the President is putting the question or deciding a point of order, the members shall be seated. No member shall leave the Council Chamber without permission from the Board.
(2) Prior to speaking, a member shall rise from his or her seat and say, “Mr. President”, but shall not proceed with his or her remarks until recognized and named by the chair. When two or more members rise at once, the President shall name the member who is first to speak. No member shall speak more than twice to the same general question, nor more than once to a “previous” question, without leave from the Board, nor more than once in any case, until every member wishing to speak shall have spoken. While a member is speaking, no member shall entertain any private discourse or pass between him or her and the chair.
(3) A member called to order shall immediately sit down, unless permitted to explain. If there is no appeal, the decision of the chair shall be conclusive, but if the member appeals to the Board from the decision of the chair, the Board shall decide on the cause without debate and the question shall be asked, “Shall the decision of the chair be sustained?”
(4) Every member who shall be present when a question is stated by the chair shall vote on the question unless excused by the Board or unless he or she is directly interested in the question, in which case he or she shall not vote.
(5) No motion shall be debated unless seconded. When a motion is seconded, it shall be stated by the chair before debate. Every seconded motion shall be reduced to writing if required by a member. After a motion or resolution is stated by the chair, it shall be deemed to be in possession of the Board, but may by consent of the party seconding the motion be withdrawn at any time before decision or amendment.
(6) (a) If the question in debate contains several distinct propositions, any member may have the question divided. When a question is before the Board of Trustees, no motions shall be made in order but the following:
1. Motion to adjourn;
2. Motion to lay on the table;
3. Previous question;
4. Motion to postpone indefinitely;
5. Motion to postpone to a certain time; or
6. Motion to amend.
(b) These motions shall be privileged and have precedence in the order in which they succeed each other. A motion to adjourn, to lay on the table and for the previous question shall be decided without debate. A motion to adjourn shall always be in order, except when a Trustee has the floor, when there is a vote being taken or when the preceding motion was one for adjournment. A motion for the previous question or to lay the question on the table shall, until it is decided, preclude all amendments and debate of the main question. A motion to postpone a question indefinitely or to adjourn it to a certain day shall, until it is decided, preclude all amendments to the main question. The “previous question” shall be as follows: “Shall the main question now be put?” A motion to adjourn the Board shall always be in order and shall be decided without debate, unless the motion shall be to adjourn to a certain day.
(7) In all cases where a resolution or motion shall be entered on the minutes of the Board, the name of the member making the resolution or motion shall also be entered on the journal. If any member requests it, the “ayes” and “nays” upon any question shall be taken and entered on the journal, but the “ayes” and “nays” shall not be taken unless called for previous to any vote on the question, unless otherwise provided by ordinance.
(8) When a member wishes to present a communication, petition or report, the member shall rise and address the chairperson in the usual form and, after briefly stating the subject of the communication or report, shall ask leave to present the communication, petition or report. No person except a member of the Board shall be permitted to address the Board unless by consent of two-thirds of the members of the Board of Trustees present.
(9) When any motion, resolution or matter has been passed upon by the Board, it may be reconsidered at the same or any subsequent regular meeting upon the motion of a member who voted with the majority, but a motion to reconsider shall not be entertained unless as large a number of Trustees is present as was present when the question was passed upon.
(10) All ordinances, petitions and communications to the Board of Trustees shall, unless otherwise ordered by two-thirds vote of all of the Trustees elected, be referred to appropriate committees. In no event can any of these be acted upon by the Board at any, but a subsequent, meeting held not sooner than one week after the report of the committee in charge.
(11) Upon passage of all orders, ordinances or resolutions appropriating money, the “ayes” and “nays” shall be entered on the record of the Board of Trustees. A majority of the votes of all of the members of the Board shall be necessary for passage.
(12) All bills or claims against the village shall be properly itemized, stating the nature and purpose of the claim and shall be filed with the Village Clerk at least one day before the regular monthly meeting of the Board. This division (C)(12) shall not apply to money allowed by ordinance against which claim can be filed before any meeting of the Board.
(13) All resolutions and amendments shall be reduced to writing and shall be read by the Clerk.
(14) The President or any Trustee persisting in a violation of any of the rules shall be subject to a fine as provided in this code, which sum shall be charged to the President or Trustee and deducted from his or her compensation, unless excused by a vote of the Board and the fine remitted.
(15) All charges against the President or a Trustee for improper conduct shall be made by a member of the Board and shall be reduced to writing, setting forth specifically the nature of the charge. No remarks or debate shall be permitted upon the charge until the question comes up for investigation and decision.
(16) The acting President, when selected from the Board, shall not be deprived of his or her right to vote or debate, but shall place some member in the chair if he or she desires to speak to a question.
(17) Speeches on all questions shall be limited to five minutes.
(2010 Code, § 170.04)
Any member acting or appearing in a lewd or disgraceful manner, or who uses opprobrious, obscene or insulting language to or about any member of the Board, or who does not obey the order of the chair, shall be, on motion, censured by a majority vote of the members present or shall be expelled by a two- thirds vote of all members then holding office.
(2010 Code, § 170.05)
(A) (1) The following standing committees shall be appointed by the President, with the advice and consent of the Board of Trustees:
(a) Finance;
(b) Buildings and Grounds;
(c) Streets and Alleys;
(d) Sewer;
(e) Police and Planning; and
(f) Water.
(2) Each committee shall consist of three members, with the person first named on the committee serving as the chairperson.
(B) Each standing committee shall control all subject matter properly belonging to it, as designated by its title, or which may be referred to it by the Board, and shall be required to report at regular meetings unless the Board instructs otherwise.
(2010 Code, § 170.06)
(A) Appointment. The Board of Trustees may, by ordinance not inconsistent with the provisions of this code, prescribe the duties and define the powers of the Village Attorney, together with his or her term of office; provided that, the term shall not exceed one year and the Attorney shall, before entering upon the duties of office, execute a bond with security, to be approved by the Board of Trustees, payable to the village in an amount as may, by resolution or ordinance, be directed, conditioned for the faithful performance of the duties of office, and the payment of all money received by him or her, according to law and the provisions of this code.
(B) Suits and actions. The Attorney shall prosecute or defend any and all suits or actions at law or equity to which the village may be a party, or in which it may be interested, or which may be brought against, or by, any officer of the village on behalf of the village or in his or her capacity as a village officer.
(C) Judgments. The Attorney shall enforce all judgments, decrees or interlocutory orders entered in favor of the village.
(D) Advice. The Attorney shall be the legal advisor of the village and shall render advice on all legal questions affecting the village whenever requested to do so by any village official. Upon request by the President, the Attorney shall reduce any opinion to writing.
(E) Special assessments. The Attorney shall undertake all special assessment proceedings and condemnation proceedings.
(2010 Code, § 170.07)
(A) Purpose. In order to prepare a Comprehensive Village Plan for the guidance, direction and control of the growth and development or redevelopment of the village and contiguous territory, which is not more than one and one-half miles beyond the corporate limits and not included in any municipality, the Board of Trustees may appoint a planning commission by the authority granted to the village under the Illinois Municipal Code.
(B) Membership. The Planning Commission shall consist of seven members that reside within the village or within territory contiguous to the village and not more than one and one-half miles beyond the village limits and not included within any other municipality. Members shall be appointed by the President on the basis of their particular fitness for their duty on the Planning Commission and subject to approval of the Board of Trustees.
(C) Term of office. Of the five members first appointed, one shall serve for a period of one year, two for a period of two years and two for a period of three years. Thereafter, each member shall serve for a term of three years. Vacancies shall be filled by appointments for unexpired terms only. All members of the Commission shall serve without compensation; except that, if the Board of Trustees deems it advisable, they may receive compensation as may be fixed from time to time by the village and provided for in the appropriation ordinance. The ex officio members shall serve for the terms of the elective office.
(D) Procedure. Immediately following their appointment, the members of the Planning Commission shall meet, organize, elect officers as it may deem necessary and adopt (and later revise) rules and regulations of organization and procedure consistent with the provisions of this code and state laws. The Commission shall keep written records of its proceedings, which shall be open at all times to public inspection. The Commission shall also file an annual report with the President and Board of Trustees, setting forth its transactions and recommendations.
(E) Powers and duties. The Planning Commission shall have the following powers and duties:
(1) (a) To prepare and recommend to the President of the village a comprehensive plan for the present and future development or redevelopment of the village and contiguous unincorporated territory not more than one and one-half miles beyond the corporate limits of the village and not included in any other municipality. The plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official Comprehensive Plan, or part of the plan, of the village. The plan shall be advisory, except as to any part which has been implemented by ordinances duly enacted by the Board of Trustees. All requirements for public hearing, filing of notice of adoption with the county’s Recorder of Deeds and filing of the plan and ordinances with the Clerk shall be complied with as provided for by law.
(b) To provide for the health, safety, comfort and convenience of the inhabitants of the village and contiguous territory, the plan or plans shall establish reasonable standards of design for subdivisions and for re-subdivisions of unimproved land and of areas subject to redevelopment with respect to public improvements as defined in this code and shall establish reasonable requirements, governing the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment. The requirements specified in the plan or plans shall become regulatory only when adopted by ordinance.
(2) To designate land suitable for annexation to the village and the recommended zoning classification for the land upon annexation;
(3) To recommend to the Board of Trustees, from time to time, changes in the Comprehensive Plan or any part of the plan, as it deems necessary;
(4) To prepare and recommend to the Board of Trustees, from time to time, plans and/or recommendations for specific improvements in compliance with the official Comprehensive Plan;
(5) To give aid to the village officials charged with the direction of projects for improvements embraced within the official plan, or parts of the plan, to further the making of the improvements and generally to promote the realization of the official Comprehensive Plan;
(6) To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding;
(7) To cooperate with municipal or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area; and
(8) To exercise whatever other powers are germane to the powers authorized by the Illinois Municipal Code and as may be conferred upon the Commission by the President of the village.
(F) Land subdivision or re-subdivision; official map.
(1) The Planning Commission shall have the duties as set forth in the subdivision ordinance and elsewhere in this code. At any time, before or after the formal adoption of an official comprehensive plan by the corporate authorities, an official map may be designated by ordinance, which may consist of the whole area included within the official comprehensive plan or one or more separate geographical or functional parts and which may include all or any part of the contiguous unincorporated area within one and one-half miles from the corporate limits of the village.
(2) All requirements for public hearing, filing of notice of adoption with the county’s Recorder of Deeds and filing of the plan and ordinances, including the official map, with the Clerk shall be complied with as provided for by law.
(3) No map or plat of any subdivision or re-subdivision presented for record affecting land within the corporate limits of the village or contiguous territory within one and one-half miles beyond the corporate limits shall be entitled to record or shall be valid unless the subdivision shown provides for standards of design and standards governing streets, alleys, public ways, ways for public service facilities, street lights, public grounds, size of lots to be used for residential purposes, storm and flood water run-off channels and basins, water supply and distribution and sanitary sewers and sewage collection and treatment in conformity with the applicable requirements of the ordinances, including the official map.
(G) Expenditures. The Commission may, at the discretion of the Board of Trustees, employ a paid secretary or staff, or both, whose salaries, wages and other necessary expenses shall be provided for by the Board of Trustees from the public funds. If the Planning Commission deems it advisable to secure technical advice or services, it may do so upon obtaining the authority and appropriations from the Board of Trustees.
(H) Powers. The Planning Commission shall have all of the powers of the Zoning Board of Appeals as more fully set forth in Ch. 153 and 154 of this code of ordinances. All hearings noticed for the Zoning Board of Appeals shall be deemed to be hearings of the Planning Commission and all hearings noticed for the Planning Commission shall be deemed to be hearings for the Zoning Board of Appeals.
(2010 Code, § 170.08) (Ord. 13-02-01, passed 2-5-2013; Ord. 14-08-18, passed 8-19-2014)
(A) A person is not eligible for an elective village office unless that person is a qualified elector of the village and has resided in the village at least one year preceding the election. A person is not eligible for an elective village office if that person is in arrears in the payment of a tax or other indebtedness due to the village or has been convicted in any court located in the United States of any infamous crime, bribery, perjury or other felony.
(65 ILCS 5/3.1-10-5(a) and (b))
(B) No person shall be eligible for any appointive village office unless that person is a qualified elector of the village or otherwise provided by law. The residency requirements do not apply, however, to village engineers, health officers, attorneys or other officers who require technical training or knowledge, to an appointed Village Treasurer, or to an appointed Village Collector (unless the village has designated by ordinance that the Village Clerk shall hold the office of Collector). The village may adopt ordinances that allow its firefighters and police officers to reside outside the corporate limits of the village both at the time of employment and while serving as a firefighter or police officer.
(65 ILCS 5/3.1-10-6)
(2010 Code, § 31.01)
Statutory reference:
Appointment of President or Trustees to other offices prohibited, see 50 ILCS 105/2
(A) All village officers, except as otherwise provided, shall receive the salary or other compensation that is fixed by ordinance. Salaries or other compensation shall not be increased or diminished, so as to take effect during the term of any elected village officer. The salaries, fees or other compensation of any appointed village officer, not including those appointed to fill vacancies in elective offices, may be increased but not diminished so as to take effect during the term for which the officer was appointed.
(65 ILCS 5/3.1-50-5)
(B) The Board of Trustees may fix the salary of all village officers and employees, in the annual appropriation ordinance or budget ordinance. They may fix the salary of all officers who are elected for a definite term in an ordinance other than the appropriation or budget ordinance. Salaries which are fixed in the annual appropriation ordinance shall neither be increased nor diminished during the fiscal year for which the appropriation is made. Salaries which are fixed by ordinance for those officers who are elected for a definite term shall neither be increased nor diminished during that term, and shall be fixed 180 days before the beginning of the terms of the officers whose compensation is to be fixed.
(65 ILCS 5/3.1-50-10)
(2010 Code, § 31.04)
BOARD OF TRUSTEES
(A) Rules of order. The current edition of Robert’s Rules of Order shall govern the proceedings of the Board of Trustees where applicable and when not in conflict with statutes or ordinances; provided, however, that, the Board may adopt rules of order revising, repealing, amending, supplementing or supplanting, in whole or in part, Robert’s Rules of Order. Each new Board, upon inauguration of the village officers newly elected at any consolidated election, shall have the right by a majority vote of the Board of Trustees to repeal, amend or replace any rules of order adopted by a previous board.
(B) Addressing meetings. It shall be unlawful for any person to address or attempt to address any regular or special meeting of the Board, except upon the consent of the President or with the consent of a majority of the members present.
(C) Disturbing meetings. It shall be unlawful to disturb or interrupt any regular or special meeting of the Board. Any person violating any provision of this division (C) may be summarily ejected from the meeting and the Village Hall.
(Ord. 11-01-01, passed - -2011) Penalty, see § 10.99
The President shall preside at all meetings of the Board of Trustees. Except as provided in 65 ILCS 5/4-1-1 et seq. and 5/5-1-1 et seq., he or she shall not vote on any ordinance, resolution or motion, except where the vote of the Board of Trustees has resulted in a tie; or where one-half of the Board of Trustees elected have voted in favor of an ordinance, resolution or motion even though there is no tie vote; or where a vote greater than a majority of the Board of Trustees is required to adopt an ordinance, resolution or motion. In each instance specified, the President shall vote. Nothing in this section shall deprive an acting President or President Pro Tem from voting in his or her capacity as Trustee, but he or she shall not be entitled to another vote in his or her capacity as acting President or President Pro Tem.
(Ord. 11-01-01, passed - -2011)
Statutory reference:
Related provisions, see 65 ILCS 5/3.1-40-30
The Board of Trustees shall hold its regular meetings as set forth in § 30.04 of this chapter. The President or any three Trustees may call special meetings of the Board of Trustees. In addition to any notice requirement prescribed by the Board of Trustees, public notice of meetings must be given as prescribed in 5 ILCS 120/2.02 and 120/2.03 of the Open Meetings Act.
(Ord. 11-01-01, passed - -2011)
Statutory reference:
Related provisions, see 65 ILCS 5/3.1-40-25
(A) A majority of the Board of Trustees shall constitute a quorum to do business.
(Ord. 11-01-01, passed - -2011)
Statutory reference:
Related provisions, see 65 ILCS 5/3.1-40-20
Upon the request of any two Trustees present, any report of a committee of the Board shall be deferred, for final action thereon, to the next regular meeting of the Board after the report is made.
(Ord. 11-01-01, passed - -2011)
Statutory reference:
Related provisions, see 65 ILCS 5/3.140-35
Any person shall be permitted an opportunity to address the Board of Trustees at any open meeting of the Board of Trustees or address any committee of the Board of Trustees at any of its open meetings or to address any open meeting of any village board or commission.
(Ord. 11-01-01, passed - -2011)
Statutory reference:
Related provisions, see 5 ILCS 120/2.06(g)
ELECTIONS
(A) As set forth in 65 ILCS 5/3.1-15-5, the President shall be elected by the electors of the village at a general village election held therein.
(B) As set forth in 65 ILCS 5/3.1-15-10, the President shall hold his or her office for a term of four years and until his or her successor is elected and has qualified. The four-year term for President may be changed to two years pursuant to 65 ILCS 5/3.1-10-65.
(C) Whenever a vacancy in the office of President occurs during his or her term, the vacancy shall be filled for the remainder of the term in the manner provided in 65 ILCS 5/3.1-10-50 and 65 ILCS 5/3.1-10-55. During the period from the time that the vacancy occurs until a President is elected, and has qualified, the vacancy may be filled by the appointment of an Acting President by the Board of Trustees.
(2010 Code, § 31.20)
At every other election for Trustees, a Clerk shall also be elected who shall hold office for a four-year term. Whenever a vacancy in the office of a Clerk elected under this section occurs during the term, the vacancy shall be filled for the remainder of the term at the next general village election occurs until a Clerk is elected, as provided in this section, and has qualified, the vacancy may be filled by the appointment of an Acting Clerk by the President with the advice and consent of the Board of Trustees.
(65 ILCS 5/3.1-25-90) (2010 Code, § 31.35)
(A) Except as provided in 65 ILCS 5/3.1-25-10, the electors of the village shall elect six Trustees. The term of office of the Trustees shall be four years and until their successors are elected and have qualified. Three Trustees shall be elected at the village election in each odd-numbered year for a term of four years. (65 ILCS 5/3.1-25-5)
(B) Whenever a vacancy in the office of a Trustee occurs during his or her term, the vacancy shall be filled for the remainder of the term at the next general village election as provided in 65 ILCS 5/3.1-10-50.
(2010 Code, § 32.02)
Statutory reference:
Elections and primary elections to be conducted pursuant to state law, see Illinois Election Code, 10 ILCS 5/1-1 et seq.
Section
31.01 Policy prohibiting sexual harassment
31.99 Penalty
(A) Prohibition on sexual harassment. It is unlawful to harass a person because of that person’s sex. The courts have determined that sexual harassment is a form of discrimination under Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991. All persons have a right to work in an environment free from sexual harassment. Sexual harassment is unacceptable misconduct which affects individuals of all genders and sexual orientations. It is a policy of the village to prohibit harassment of any person by any municipal official, municipal agent, municipal employee or municipal agency or office on the basis of sex or gender. All municipal officials, municipal agents, municipal employees and municipal agencies or offices are prohibited from sexually harassing any person, regardless of any employment relationship or lack thereof.
(B) Definition of sexual harassment. This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as follows.
SEXUAL HARASSMENT. Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
(b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(c) Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
(C) Conduct which may constitute sexual harassment.
(1) Conduct which may constitute sexual harassment includes:
(a) Verbal. Sexual innuendos, suggestive comments, insults, humor and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature;
(b) Non-verbal. Suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, “catcalls”, “smacking” or “kissing” noises;
(c) Visual. Posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites;
(d) Physical. Touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault;
(e) Textual/electronic. “Sexting” (electronically sending messages with sexual content, including pictures and video), the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook and Twitter).
(2) The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual perception and interpretation. The courts will assess sexual harassment by a standard of what would offend a “reasonable person”.
(D) Procedure for reporting an allegation of sexual harassment.
(1) An employee who either observes sexual harassment or believes herself or himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her or his position to the offending employee, and her or his immediate supervisor. It is not necessary for sexual harassment to be directed at the person making the report.
(2) Any employee may report conduct which is believed to be sexual harassment, including the following.
(a) Electronic/direct communication. If there is sexual harassing behavior in the workplace, the harassed employee should directly and clearly express her or his objection that the conduct is unwelcome and request that the offending behavior stop. The initial message may be verbal. If subsequent messages are needed, they should be put in writing in a note or a memo.
(b) Contact with supervisory personnel.
1. At the same time direct communication is undertaken, or in the event the employee feels threatened or intimidated by the situation, the problem must be promptly reported to the immediate supervisor of the person making the report, a department head, a director of human resources, an ethics officer, the City Manager or Administrator or the chief executive officer of the municipality.
2. The employee experiencing what he or she believes to be sexual harassment must not assume that the employer is aware of the conduct. If there are no witnesses and the victim fails to notify a supervisor or other responsible officer, the municipality will not be presumed to have knowledge of the harassment.
(c) Resolution outside municipality. The purpose of this policy is to establish prompt, thorough and effective procedures for responding to every report and incident so that problems can be identified and remedied by the municipality. However, all municipal employees have the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities. An IDHR complaint must be filed within 300 days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within 300 days.
(3) Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos and telephone messages.
(E) Investigation.
(1) The village will promptly and thoroughly investigate all reports of harassment as discreetly and confidentially as practicable. The investigation would generally include a private interview with the person making a report of harassment. It would also generally be necessary to discuss allegations of harassment with the accused individual and others who may have information relevant to the investigation. The village’s goal is to conduct a thorough investigation, to determine whether harassment occurred, and to determine what action to take if it is determined that improper behavior occurred.
(2) If the village determines that a violation of this policy has occurred, it will take appropriate disciplinary action against the offending party, which can include counseling (paid by offending party), warnings, suspensions without pay and termination and as further provided in division (G) below. Employees who report violations of this policy and employees who cooperate with investigations into alleged violations of this policy will not be subject to retaliation. Upon completion of the investigation, the village will inform the employee who made the complaint of the results of the investigation.
(3) All allegations, including anonymous reports, will be accepted and investigated regardless of how the matter comes to the attention of the municipality. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant’s willing cooperation is a vital component of an effective inquiry and an appropriate outcome.
(F) Prohibition on retaliation for reporting sexual harassment allegations.
(1) No municipal official, municipal agency, municipal employee or municipal agency or office shall take any retaliatory action against any municipal employee due to a municipal employee’s:
(a) Disclosure or threatened disclosure of any violation of this policy;
(b) The provision of information related to or testimony before any public body conducting an investigation, hearing or inquiry into any violation of this policy; or
(c) Assistance or participation in a proceeding to enforce the provisions of this policy.
(2) For the purposes of this policy, RETALIATORY ACTION means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any municipal employee that is taken in retaliation for a municipal employee’s involvement in protected activity pursuant to this policy.
(3) No individual making a report will be retaliated against even if a report made in good faith is not substantiated. In addition, any witness will be protected from retaliation.
(4) Similar to the prohibition against retaliation contained herein, the State Officials and Employees Ethics Act (5 ILCS 430/15-10) provides whistleblower protection from retaliatory action such as reprimand, discharge, suspension, demotion or denial of promotion or transfer that occurs in retaliation for an employee who does any of the following:
(a) Discloses or threatens to disclose to a supervisor or to a public body an activity, policy or practice of any officer, member, state agency or other state employee that the state employee reasonably believes is in violation of a law, rule or regulation;
(b) Provides information to or testifies before any public body conducting an investigation, hearing or inquiry into any violation of a law, rule or regulation by any officer, member, state agency or other state employee; or
(c) Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act.
(5) Pursuant to the Whistleblower Act (740 ILCS 174/15(a)), an employer may not retaliate against an employee who discloses information in a court, an administrative hearing or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a state or federal law, rule or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of a state or federal law, rule or regulation.
(740 ILCS 174/15(b))
(6) According to the Illinois Human Rights Act (775 ILCS 5/6-101), it is a civil rights violation for a person, or for two or more people to conspire, to retaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be sexual harassment in employment, because he or she has made a charge, filed a complaint, testified, assisted or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.
(7) An employee who is suddenly transferred to a lower paying job or passed over for a promotion after filing a complaint with EDHR or EEOC, may file a retaliation charge, due within 300 days (IDHR) or 300 days (EEOC) of the alleged retaliation.
(G) Consequences of a violation of the prohibition on sexual harassment. In addition to any and all other discipline that may be applicable pursuant to municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreement, any person who violates this policy or the prohibition on sexual harassment contained in 5 ILCS 430/5-65, may be subject to a fine of up to $5,000 per offense, applicable discipline or discharge by the municipality and any applicable fines and penalties established pursuant to local ordinance, state law or federal law. Each violation may constitute a separate offense. Any discipline imposed by the municipality shall be separate and distinct from any penalty imposed by an ethics commission and any fines or penalties imposed by a court of law or a state or federal agency.
(H) Consequences for knowingly making a false report. A false report is a report of sexual harassment made by an accuser using the sexual harassment report to accomplish some end other than stopping sexual harassment or retaliation for reporting sexual harassment. A false report is not a report made in good faith which cannot be proven. Given the seriousness of the consequences for the accused, a false or frivolous report is a severe offense that can itself result in disciplinary action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline or discharge pursuant to applicable municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreements.
(I) Conflict. The provisions of this policy will apply only insofar as they do not conflict with any state or federal law.
(Ord. 18-12-02, passed 12-4-2018) Penalty, see § 31.99
(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) In regards to § 31.01, any person who intentionally makes a false report alleging a violation of any provision of the State Officials and Employees Ethics Act to an Ethics Commission, an Inspector General, the state police, a State’s Attorney, the Attorney General or any other law enforcement official is guilty of a Class A misdemeanor. An Ethics Commission may levy an administrative fine of up to $5,000 against any person who intentionally makes a false, frivolous or bad faith allegation.
(Ord. 18-12-02, passed 12-4-2018)
Section
32.01 Administration of finances; fiscal year
32.02 Annual appropriation ordinance
32.03 Supplemental appropriation; transfers
32.04 Limitations; emergency; borrowing
32.05 Levy and collection of taxes
32.06 Annual audits and reports
32.07 Contracts
(A) The Board of Trustees shall control the finances of the village.
(65 ILCS 5/8-1-1)
(B) The fiscal year for the village shall begin on May 1 of each year and shall end on April 30 of the following year.
(2010 Code, § 33.01)
(A) The Board of Trustees shall pass an ordinance within the first quarter of each fiscal year, to be termed the annual appropriation ordinance. In this ordinance the Board may appropriate sums of money deemed necessary to defray all necessary expenses and liabilities of the village, including the amounts to be deposited in the reserves provided for in the state Pension Code, 40 ILCS 5/1-101 et seq., and shall specify the objects and purposes for which these appropriations are made, and the amount appropriated for each object or purpose. Among the objects and purposes specified shall be the reserves provided for in the state Pension Code.
(B) Except as provided in § 32.03, no further appropriations shall be made at any other time within the same fiscal year, unless a proposition to make each additional appropriation has been first sanctioned by a petition signed by electors of the village numbering more than 50% of the number of votes cast for the candidates for President at the last preceding general village election at which a President was elected, by a petition signed by them, or by a majority of those voting on the question at a regular election or at an emergency referendum authorized in accordance with the general election law. The Board of Trustees may by ordinance initiate the submission of the proposition.
(C) At least ten days prior to the adoption of the annual appropriation ordinance, the Board of Trustees of all villages over 2,000 in population shall make the proposed appropriation ordinance or a formally prepared appropriation or budget document upon which the annual appropriation ordinance will be based conveniently available to public inspection and shall hold at least one public hearing thereon. Notice of this hearing shall be given publication in one or more newspapers published in the village, or if there is none published in the village, in a newspaper published in the county and having general circulation in the village, at least ten days prior to the time of the public hearing. The notice shall state the time and place of the hearing and the place where copies of the proposed appropriation ordinance or formally prepared appropriation or budget document will be accessible for examination. The annual appropriation ordinance may be adopted at the same meeting at which the public hearing is held or at any time after that public hearing.
(D) After the public hearing and before final action is taken on the appropriation ordinance, the Board may revise, alter, increase or decrease the items contained in the ordinance.
(E) Notwithstanding any provision of this section, any village in which 65 ILCS 5/5-1-1 et seq. becomes effective after the annual appropriation ordinance has been passed for the current fiscal year may amend the appropriation ordinance in any manner necessary to make 65 ILCS 5/5-1-1 et seq. fully operative in that village for that fiscal year. However, no such amendment shall be construed to affect any tax levy made on the basis of the original appropriation ordinance.
(65 ILCS 5/8-2-9)
(F) The Board of Trustees shall file with the County Clerk within 30 days of their adoption a certified copy of its appropriation and budget ordinances or resolutions, as well as an estimate, certified by the Chief Fiscal Officer of the village, of revenues, by source, anticipated to be received by the village in the following fiscal year. If the Board fails to file the required documents, the County Clerk shall have the authority, after giving timely notice of the failure to the village, to refuse to extend the tax levy until the documents are so filed. In determining the amount of maximum tax authorized to be levied, the assessed valuation of the current year of property as assessed and reviewed by the village assessment officials, as equalized or confirmed by the state, shall be used.
(35 ILCS 200/18-50)
(2010 Code, § 33.02)
(A) During any fiscal year, the Board of Trustees may adopt a supplemental appropriation ordinance in an amount not in excess of the aggregate of any additional revenue available to the village, or estimated to be received by the village after the adoption of the annual appropriation ordinance for that fiscal year, or from fund balances available when the annual appropriation ordinance was adopted but that were not appropriated at that time. The provision of § 32.02 prohibiting further appropriations without sanction by petition or election shall not be applicable to the supplemental appropriation for that fiscal year.
(B) The Board of Trustees at any time, however, by a two-thirds vote of all the members of the body, may make transfers within any department or other separate agency of the village government, of sums of money appropriated for one village object or purpose to another village object or purpose, but no appropriation for any object or purpose shall thereby be reduced below an amount sufficient to cover all obligations incurred or to be incurred against the appropriation. Nothing herein contained shall deprive the Board of Trustees of the power to provide for and cause to be paid from the funds of the village any charge imposed by law without the action of the Board of Trustees, the payment of which is ordered by a court of competent jurisdiction.
(65 ILCS 5/8-2-9) (2010 Code, § 33.03)
(A) Neither the Board of Trustees nor any department or officer of the village shall add to the village expenditures in any fiscal year anything over and above the amount provided for in the annual appropriation ordinance of that year. No expenditure for an improvement to be paid for out of the General Fund of the village shall exceed in any fiscal year the amount provided for that improvement in the annual appropriation ordinance.
(B) Nothing herein contained shall prevent the Board of Trustees, by a two-thirds vote, from making additional appropriations for the purpose of making improvements or restorations, the necessity for which is caused by any casualty or accident happening after the annual appropriation ordinance is passed, nor from making additional appropriations necessary to meet any emergency, happening after and unforeseen at the time of passing the annual appropriation ordinance. EMERGENCY, as used in this division (B), means a condition requiring immediate action to suppress or prevent the spread of disease, or to prevent or remove imminent danger to persons or property. For the purpose of providing for these additional appropriations, the Board of Trustees, by a two-thirds vote, may authorize the President to borrow the amount of money necessary therefore for a space of time not extending beyond the close of the next fiscal year. The sum borrowed and the interest thereon, shall be added to the amount authorized to be raised in the next general tax levy and embraced therein.
(C) Should a judgment be obtained against the village, the President, under the sanction of the Board of Trustees, may borrow a sufficient amount to pay the judgment for a space of time not extending beyond the close of the next fiscal year. This sum and the interest thereon shall in like manner be added to the amount authorized to be raised in the general tax levy of the next year and embraced therein.
(65 ILCS 5/8-1-6) (2010 Code, § 33.04)
The Board of Trustees shall levy and collect taxes for corporate purposes in the manner provided in 65 ILCS 5/8-3-1 et seq.
(2010 Code, § 33.05)
(A) The Board of Trustees shall cause an audit of the funds and accounts of the village to be made by an accountant as required by 65 ILCS 5/8-8-3 et seq.
(B) The village shall, within six months after the close of each fiscal year, unless an extension is granted, file with the State Comptroller an audit report and supplemental report or financial report as required in 65 ILCS 5/8-8-3 and 65 ILCS 5/8-8-4.
(65 ILCS 5/8-8-3) (2010 Code, § 33.06)
(A) No contract shall be entered into by the village for goods or services, unless it shall be approved by resolution or ordinance duly passed by the Board of Trustees, except as hereinafter provided.
(B) The President may approve contracts for goods and services where the contract amount is less than $500, without the approval of the Board of Trustees. However, the President shall report any such contract to the Board of Trustees at the Board meeting next following approval of the contract.
(C) All contracts of the village shall be signed by the President.
(D) No contract shall be approved for which there is no prior appropriation.
(E) Any work or other public improvement not paid for in whole or in part by special assessment or special taxation, when the expense thereof shall exceed $5,000, shall:
(1) Be let to the lowest responsible bidder after advertising for bids in one or more newspapers of general circulation within the village or, in the case of public works, in such manner as may be established by the Board of Trustees after consultation with a registered professional engineer; or
(2) Let without bids if authorized by a vote of two-thirds of the Trustees then holding office, the President not voting.
(2010 Code, § 33.07)
Statutory reference:
Construction of public works by village employees using purchased materials, see 65 ILCS 5/8-9-1
General requirements for contracts, see 65 ILCS 5/8-9-1 et seq.
General requirements for contracts for water, see 65 ILCS 5/11-124-1 et seq.
Interest of village officers in contracts, see 65 ILCS 5/3.1-55-10 and 65 ILCS 5/4-8-6; see also 50 ILCS 105/3 et seq.
TITLE V: PUBLIC WORKS
Chapter
50. WATER
51. WATERWORKS AND SEWAGE TREATMENT
52. SEWERS GENERALLY
53. WASTEWATER USER CHARGES; INDUSTRIAL COST RECOVERY
54. CROSS-CONNECTION CONTROL
55. ELECTRICITY AGGREGATION
Section
50.01 Ground water as potable water supply
50.02 Water meters
50.99 Penalty
The village’s ground water provisions are hereby adopted by reference and incorporated herein as if set out in full. No property listed on Schd. A of Ord. 11-05-01 shall be used in violation of the village’s ordinances.
(Ord. 11-05-01, passed - -2011; Ord. 11-09-01, passed - -2011)
(A) Meters required. Before any premises to be served by village water are occupied, a water meter shall be installed therein by the village upon payment by the customer of the cost of installing same.
(B) Testing meters. The village water meter shall be taken out and tested upon complaint of the consumer and payment of a fee as set by the Board of Trustees from time to time. If, upon test, the meter is not within 3% of being accurate, it shall be repaired or replaced and the fee returned to the customer.
(2010 Code, § 51.06)
(C) Tampering.
(1) It shall be unlawful for any person not authorized by the village to tamper or interfere with, remove, reprogram, alter, cause a malfunction of, bypass, damage, destroy or injure any water meter in any manner whatsoever, to make any connection to the waterworks system without written permission from the village, or to reconnect service when it has been disconnected for non-payment of a bill for service, or to tamper or interfere with, alter, damage or injure any part of the village waterworks system.
(2) It shall be the duty of the owner or occupant of the premises and the individual water user to prevent any tampering, interfering, altering, causing a malfunction, bypassing, damaging, destroying or injuring of any water meter.
(3) If any property owner or agent allows damage to occur either intentionally or negligently to any water meter or water system owned by the village, it shall be the property owners responsibility to contact the Department of Public Works for an inspection. Willful failure by the property owner or agent to contact the Department of Public Works after aforementioned action, will be punishable according to § 50.99 of this chapter.
(Ord. 17-01-03, passed - -2017) Penalty, see § 50.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) The penalty for any action in § 50.02(C)(1) or (C)(3) of this chapter is a fine as set forth in § 10.99. In addition to any other penalty allowed by law for violation of this section, the owner or occupant of the premises and/or the individual water user shall pay an inspection fee, as set by the Board of Trustees from time to time, and if a water meter is repaired or replaced, the cost of repair or replacement and/or resealing the water meter plus the cost of the water as estimated by the village after the last meter reading, prior to reconnection, and any fine, plus said amount, if it remains unpaid will be added to the water bill assessed to owner or occupant.
(Ord. 17-01-03, passed - -2017)
Section
51.01 Department established
51.02 Sewer connection required
51.03 Connection fees; exceptions
51.04 Water and/or sewer service deposit
51.05 Rates
51.06 Payment
51.07 Delinquent charges
51.08 Discontinuation for non-payment
51.09 Water and Sewer Department to render bills; revenues
51.10 Waterworks and Sewerage Fund
51.11 Records
51.12 Village to install meters
51.13 Prohibited behavior
51.14 Village not liable
51.15 Access to premises
51.16 Filing with County Recorder
51.17 Discontinuation and reinstatement of water services
51.99 Penalty
An executive department of the village, known as the “Water and Sewer Department” is established. The President and the Board of Trustees of the village are authorized to appoint a Superintendent of the Water and Sewer Department and all other necessary employees. The Superintendent shall have the general management and control of the waterworks and sewerage system, subject, however, to the supervision of the President and Board of Trustees.
(2010 Code, § 171.01)
All property owners within the village limits are required to connect to the sanitary sewerage system.
(2010 Code, § 171.01)
Applicants for service, either within or outside the corporate limits, in addition to the cost of approved installation, shall pay connection fees in the amount as set by the Board of Trustees from time to time for sewer service and water service for each unit in any building. A cash performance bond must be deposited with the Water and Sewer Department prior to the installation of a water service line and/or sewer service line. This bond shall be returned to the applicant upon the satisfactory completion of the service line hookup and inspection and approval by the duly authorized representative of the village.
(2010 Code, § 171.01)
(A) Any user of water and/or sewer services from the village subscribing for services after the effective date of this chapter shall be required to deposit with the Water and Sewer Department of the village a sum as set by the Board of Trustees from time to time for each water and/or sewer service subscribed by the user. This sum shall be held by the village during the continuance of the water and/or sewer service in an escrow account for the water customer.
(B) Upon termination of water and/or sewer service, the deposit shall be refunded to the user after deduction of any unpaid charges accumulated for the water and/or sewer service which is being terminated.
(C) The deposit shall be in addition to all water and/or sewer charges and connection fees assessed by the village.
(D) The deposit shall not be applied against any unpaid water and/or sewer charges during the continuance of water and/or sewer service, but only upon the termination of service. Delinquent charges and shut-off provisions of the village for unpaid water and/or sewer bills shall remain in full force and effect.
(2010 Code, § 171.01) (Ord. 14-09-02, passed 9-16-2014)