Title III Administration
TITLE III: ADMINISTRATION
30. BOARD OF TRUSTEES
31. VILLAGE OFFICIALS
32. FINANCE AND REVENUE
33. POLICE DEPARTMENT
34. VILLAGE POLICIES
CHAPTER 30: BOARD OF TRUSTEES
Board of Trustees
30.03 Canvass of returns
30.04 Duties and powers
30.07 Standing committees
30.22 Repealed or amended provisions
30.23 Choice of offenses
BOARD OF TRUSTEES
' 30.01 COMPOSITION.
The Board of Trustees shall consist of six members.
('87 Code, ' 2‑32)
' 30.02 ELECTIONS.
Three of the Trustees are to be elected biennially by the legal voters of the village at the general municipal election held on the first Tuesday of April of each year and shall hold office for the term of four years and until their successors are elected and qualified.
('87 Code, ' 2‑33)
' 30.03 CANVASS OF RETURNS.
The President and Board of Trustees shall canvass the election returns at a meeting held within seven days after each biennial election.
('87 Code, ' 2‑34)
' 30.04 DUTIES AND POWERS.
The Board of Trustees shall perform the duties and exercise all the powers conferred by statute. It shall pass ordinances, resolutions and motions in the same manner as a city council. The Trustees may pass motions, resolutions and ordinances over the President=s veto in like manner as the alderperson of a city council.
('87 Code, ' 2‑35)
' 30.05 MEETINGS.
(A) (1) The regular meetings of the Village Board shall be held on the second and fourth Monday of each month at 7:00 p.m. in the Village Hall.
(2) Public notice of all meetings shall be given as follows:
(a) The Clerk shall publish a public notice of the schedule of regular meetings at the beginning of each fiscal year and shall state the regular dates, times and places of the meetings; and
(b) If a change is made in the regular meeting dates, at least ten days notice of the change shall be given by publication in a newspaper of general circulation in the area.
('87 Code, ' 2‑36) (Am. Ord. passed 2‑24‑92)
(B) (1) Special meetings of the Village Board may be called at any time by the Village President, or by any three Trustees, by filing a request in writing therefor with the Village Clerk, specifying the purpose for which the special meeting is called, and directing the Village Clerk, to notify the members of the Board of Trustees of the time, place and purpose of the special meeting.
(2) Public notice of any special meeting, except a meeting held in the event of a bona fide emergency, or of any rescheduled regular meeting, or of any reconvened meeting, shall be given at least 24 hours before the meeting, which notice shall also include any change in the agenda.
(3) The notice shall be served by the Chief of Police or his or her assignee personally on each member of the Board or by leaving the same at his or her usual place of residence.
(4) At the special meeting, no business shall be transacted, except that specified in the request for the same.
('87 Code, ' 2‑37)
' 30.06 PROCEDURE.
(A) At the hour appointed for meeting, the members shall be called to order by the President, or, in his or her absence, by the Clerk, who shall proceed to call the roll, note the absentees and announce whether a quorum is present.
(B) Upon the appearance of a quorum, the Board shall then proceed to the business before it in the following order:
(1) Public discussions and/or comments from the floor;
(2) Reacting of the minutes of the last meeting, amendment and approval of same;
(3) Reports of officers;
(4) Reports of standing committees;
(5) Reports of special committees;
(6) Petitions and communications to the Board;
(7) Unfinished business of preceding meetings; and
(8) Motions, resolutions and new business.
('87 Code, ' 2‑38)
' 30.07 STANDING COMMITTEES.
The following standing committees, consisting of three members each, excepting the Board of Health, which shall consist of five members, and police, which shall consist of four members, shall be appointed annually by the President, with the approval of the Board, at the first regular meeting after the annual election, and the person named first shall be Chairperson thereof:
(C) Civil Defense;
(D) Finance and Revenue;
(E) Fire Department;
(F) Health and Sanitation;
(G) Local Improvement;
(J) Streets and Alleys;
(K) Water; and
('87 Code, ' 2‑39)
' 30.20 RECORDING.
All ordinances passed by the President and Board of Trustees shall be recorded by the Village Clerk in a book of ordinances, within one month after they shall have been duly published. The Clerk shall also attach a copy thereof in the book of ordinances.
('87 Code, ' 2‑23)
' 30.21 PUBLICATION.
All ordinances passed imposing any fine, penalty, imprisonment or forfeiture, or making any appropriations, shall, within one month after they are passed, be published at least once in a newspaper published in the village, or if no newspaper is published therein, by posting copies of the same in three public places in the village. No ordinance shall take effect until ten days afer it is so published. All other ordinances, orders and resolutions shall take effect from and after their passage unless otherwise provided therein.
('87 Code, ' 2‑24)
' 30.22 REPEALED OR AMENDED PROVISIONS.
(A) Whenever an ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part thereof thus repealed or modified, shall continue in force until the due publication of the ordinance repealing or modifying the same unless therein otherwise expressly provided.
(B) No suit, proceeding, right, fine or penalty instituted, created, given, secured or accrued, under any ordinance, previous to its repeal, shall in any way be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force, unless it shall be therein otherwise expressly provided.
('87 Code, ' 2‑25)
' 30.23 CHOICE OF OFFENSES.
In all cases where the same offense may be punishable or shall be created by different clauses or sections of this code or other ordinances of the village, the Board of Trustees or the duly authorized agents or employees thereof may elect under which to proceed, but not more than one recovery shall be had against any person for the same offense.
('87 Code, ' 2‑26)
CHAPTER 31: VILLAGE OFFICIALS
31.01 Classes of officers
31.02 Appointments; terms of office
31.03 Oath of office
31.05 Delivery of books to new officer
31.20 Village President
31.21 Village Clerk
31.22 Village Treasurer
31.23 Village Attorney
Adoption of State Gift Ban Act, see ' 34.01
' 31.01 CLASSES OF OFFICERS.
(A) The officers of the village shall be divided into two classes:
(1) Elective officers; and
(2) Appointive officers.
(B) Elective officers shall consist of the Village President and the Trustees.
(C) Appointive officers shall consist of the Village Treasurer, Village Clerk, Village Attorney, Chief of Police, Work Coordinator and the Zoning Administrator.
('87 Code, ' 2‑46) (Am. Ord. passed 1‑23‑95)
' 31.02 APPOINTMENTS; TERMS OF OFFICE.
(A) As soon after each election as practicable, the President of the village, with the approval of the Board of Trustees, shall appoint the Village Treasurer, Village Clerk, Village Attorney, Chief of Police, Work Coordinator and the Zoning Administrator.
(B) The officers shall hold their respective offices until the first Tuesday of April in each year succeeding their appointment or until their successors are duly selected and qualified.
('87 Code, ' 2‑47) (Am. Ord. passed 1‑23‑95)
' 31.03 OATH OF OFFICE.
All of the officers enumerated herein shall take and subscribe the oath prescribed by statute and file the same, together with the bond hereinafter provided for, with the Clerk, and in the case of the failure of any officer so to qualify, his or her office shall be deemed vacant, and shall be filled as provided by statute.
('87 Code, ' 2‑48)
' 31.04 BOND.
(A) All of the following officers of the village shall, before entering upon their duties, execute a bond, with at least two sufficient sureties.
(B) The bond shall be signed and sealed by the officer and his or her sureties, and acknowledged by them before some officer authorized by law to take acknowledgments of sealed instruments, conditioned as required by statute, the penal sum of which bonds shall be as follows:
(1) Mayor: $3,000;
(2) Treasurer: $50,000;
(3) Clerk: $2,000;
(4) Water Collector: $3,000;
(5) Chief of Police: $5,000;
(6) Police officers: $3,000 each; and
(7) Notary bond for four years: $5,000 each.
('87 Code, ' 2‑49) (Am. Ord. passed 2‑24‑92)
' 31.05 DELIVERY OF BOOKS TO NEW OFFICER.
Any person retiring from any office in the village shall, within five days after notification and request, deliver to his or her successor in office all property, books and effects of every description in his or her possession belonging to the village or appertaining to his or her office, and upon his or her refusal to do so, shall be subject to a penalty as provided herein.
('87 Code, ' 2‑50)
' 31.06 COMPENSATION.
The compensation of village officials and officers shall be as set from time to time by the Village Board.
' 31.20 VILLAGE PRESIDENT.
(A) The election for the President in the village shall be held at the general municipal election in accordance with the election law. The election for the President in the village and incorporated towns shall be held on the first Tuesday of April and every fourth year thereafter, whenever the President is to be elected for a four-year term.
('87 Code, ' 2‑58)
(B) In addition to the various powers and duties prescribed by various sections in this code, the President shall preside at all meetings of the Village Board. He or she shall have the same powers and perform the same duties as are or may be given by statutory law to a mayor in cities or that have heretofore been given to a president of a board of trustees in villages, including the exercise of the veto power, but he or she shall not vote, except in case of a tie, when he or she shall give the casting vote.
('87 Code, ' 2‑59)
(C) (1) Whenever any power shall be vested in the President of the village or he or she shall be required to do any act or perform any function, in his or her absence, the President Pro Tem or the Presiding Officer of the village for the time being shall exercise the power and perform the act or function as fully as if expressly named unless the act would be in derogation of the act governing cities and villages, and other acts amendatory thereto.
(2) If the President is absent from a meeting of the Board of Trustees, the Chairperson shall be elected for that specific meeting from those Board members in attendance at the meeting.
('87 Code, ' 2‑60)
' 31.21 VILLAGE CLERK.
(A) The Office of the Village Clerk shall be filled annually by appointment of the President with the advice and consent of the Village Trustees, pursuant to the resolution enacted by the Village Board.
('87 Code, ' 2‑66)
(B) Whenever any vacancy occurs in the Office of Village Clerk, the vacancy shall be filled by a qualified candidate as soon as practicable by appointment of the Village President and the Board of Trustees.
('87 Code, ' 2‑67)
(C) The Village Clerk shall, in addition to the various duties prescribed elsewhere in this code:
(1) Keep the corporate seal of the village and all papers belonging to the village; (Copies of all papers shall be duly filed in his or her office and transcribed from the journals and other records and files of his or her office, certified by him or her in the manner as if the original were produced.)
(2) Attend all meetings of the Board of Trustees and keep a full record of its proceedings in the journal;
(3) Record, in a book kept for that purpose, all ordinances passed by the village and at the foot of the record of each ordinance so recorded make a memorandum of the date of passage and of the publication or posting of each ordinance, which record and memorandum, or a certified copy thereof, shall be prima facie evidence of the passage and legal publication or posting of the ordinances for all purposes whatsoever;
(4) Keep and maintain a license record book showing to whom, for what purpose, for what fee and for what length of time licenses have been granted;
(5) Keep and maintain a bond registry book showing the date, the maturity and the rate of interest of all village bonds issued, on what account and for what purpose issued and the date of cancellation thereof;
(6) Keep and maintain a village order book containing a register of all orders issued by the village, stating the number of the order, the date and amount thereof, on what account and to whom issued, by whom received and when canceled; (He or she shall issue no orders, except in the manner prescribed by this code or by state statute.)
(7) Keep and maintain a book showing with reference to all anticipated tax warrants issued, their dates, amounts, numbers, on what account and to whom issued and by whom received and when canceled;
(8) File, preserve and safely keep, in convenient form, for reference, all deeds, contracts, official bonds, oaths of office, vouchers, papers and documents belonging to the village;
(9) Seal and issue licenses as may be provided for by ordinance upon payment to him or her of the license fee;
(10) Prepare and file reports with state and federal governments as shall be required to be filed by the village; and
(11) Work an average of 20 hours per week at the village office as directed by the Village President.
('87 Code, ' 2‑68) (Am. Ord. passed 1‑11‑93; Am. Ord. passed 1‑23‑95)
' 31.22 VILLAGE TREASURER.
The Village Treasurer shall, in addition to the duties prescribed in this code:
(A) Receive, safely keep and have the sole control of all monies of the village which may come into his or her hands and to disburse the same;
(B) Order any warrant, draft or order over $10,000 to be countersigned by the President;
(C) Keep, in a suitable book or books, a full account of each and every receipt and disbursement, specifying when, from whom and upon what account received, and make a written report thereof to the Board at the regular meeting in each month;
(D) Give his or her receipt to every person having money to the use of the village; (In the receipt, he or she shall specify the object for which the sum was paid.)
(E) Keep the accounts of each fund separate and distinct of any other;
(F) Keep a true register of all warrants redeemed or received into the Treasury from collectors or any other office in the village, or from the debtor of the same, describing the warrant by its date, number and to whom drawn and specifying the date of the receipt thereof and from whom received and on what account;
(G) Preserve and keep all warrants received by him or her as aforesaid, until disposed of in the manner hereinafter provided, and file the warrants so received in the order in which they are registered, writing legibly or stamping on the face of them the word "canceled";
(H) Execute and deliver to every revenue or other village officer, paying money into the village treasury, duplicate receipts therefore, specifying the date of payment, the amount, on what account paid and the kind of money or thing received;
(I) Preserve all vouchers and, when required, deliver the same to the Board, with all property and monies in his or her custody belonging to the village;
(J) Permit the President, any member of the Board or committee thereof to have free access to the books or papers belonging in his or her office;
(K) Deliver to his or her successor in office the books, papers, money and other things pertaining to his or her office and belonging to the village;
(L) Attend the Village Board meeting every month; and
(M) Work an average of 20 hours per week at the village office and be paid per hour.
('87 Code, ' 2‑74)
' 31.23 VILLAGE ATTORNEY.
If the Office of Village Attorney is established, the occupant shall be appointed by the President with the advice and consent of the Village Trustees. Vacancy in the office may be filled in the same manner.
('87 Code, ' 2‑80)
CHAPTER 32: FINANCE AND REVENUE
32.001 Fiscal year
32.002 Village depository
32.019 Delegation of authority
32.020 Ethics and conflicts of interest
32.021 Authorized financial dealers and institutions
32.022 Authorized and suitable investments
32.024 Safekeeping and custody
32.026 Maximum maturities
32.027 Internal control
32.028 Performance standards
32.030 Marking to market
32.031 Investment policy adoption
32.045 Appropriation required
32.055 Annual appropriation ordinance; generally
32.056 Amounts over and above
32.057 Fixing salaries
32.085 Permitted purposes; bond issues
32.086 Collection of direct annual tax; sinking fund
32.087 Disposition of proceeds from sale of bonds
32.088 Use of sinking fund monies
Tree Removal Fund
32.100 Amount designated
32.102 Use restricted
32.103 Application for tree removal
32.104 Sufficient cause for tree removal
Parks and Recreation, see Ch. 91
Streets and Sidewalks, see Ch. 93
Taxation, see Ch. 35
' 32.001 FISCAL YEAR.
The fiscal and municipal year of the village shall commence on May 1 of each year, and end on the next succeeding April 30, including both days.
('87 Code, ' 8‑1)
' 32.002 VILLAGE DEPOSITORY.
The Board shall, from time to time, designate a depository for village funds.
('87 Code, ' 8‑2)
' 32.015 POLICY.
It is the policy of the village to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds.
('87 Code, ' 8‑3.01) (Ord. passed 10‑25‑99)
' 32.016 SCOPE.
This policy includes all funds governed by the Board of Trustees.
('87 Code, ' 8‑3.02) (Ord. passed 10‑25‑99)
' 32.017 PRUDENCE.
(A) Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital, as well as the probable income to be derived.
(B) The standard of prudence to be used by investment officials shall be the Aprudent person@ standard and shall be applied in the context of managing an overall portfolio.
('87 Code, ' 8‑3.03) (Ord. passed 10‑25‑99)
' 32.018 OBJECTIVE.
(A) The primary objective, in order of priority, shall be:
(1) Legality: conformance with federal, state and other legal requirements;
(2) Safety: preservation of capital and protection of investment principal;
(3) Liquidity: maintenance of sufficient liquidity to meet operating requirements; and
(4) Yield: attainment of market rates of return.
(B) The portfolio should be reviewed periodically as to its effectiveness in meeting the district=s needs for safety, liquidity, rate of return, diversification and its general performance.
('87 Code, ' 8‑3.04) (Ord. passed 10‑25‑99)
' 32.019 DELEGATION OF AUTHORITY.
Management and administrative responsibility for the investment program is hereby delegated to the Finance Committee who, under the delegation of the Board of Trustees, shall establish written procedures for the operation of the investment program.
('87 Code, ' 8‑3.05) (Ord. passed 10‑25‑99)
' 32.020 ETHICS AND CONFLICTS OF INTEREST.
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions.
('87 Code, ' 8‑3.06) (Ord. passed 10‑25‑99)
' 32.021 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS.
(A) The Finance Committee will maintain a list of financial institutions authorized to provide investment services.
(B) In addition, a list will also be maintained of approved security brokers/dealers selected by credit worthiness.
('87 Code, ' 8‑3.07) (Ord. passed 10‑25‑99)
' 32.022 AUTHORIZED AND SUITABLE INVESTMENTS.
(A) Investments may be made in any type of security allowed for in state statutes regarding the investment of public funds.
(B) Investments shall be made that re-elect the cash flow needs of the fund type being invested.
('87 Code, ' 8‑3.08) (Ord. passed 10‑25‑99)
' 32.023 COLLATERALIZATION.
Funds on deposit, checking accounts, certificates of deposit and the like, in excess of FDIC limits must be secured by some form of collateral, witnessed by a written agreement and held at an independent third party institution in the name of the municipality.
('87 Code, ' 8‑3.09) (Ord. passed 10‑25‑99)
' 32.024 SAFEKEEPING AND CUSTODY.
All security transactions, including collateral for repurchase agreements, entered into by the village, shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by an independent third party custodian designated by the Finance Committee and evidenced by safekeeping receipts and a written custodial agreement.
('87 Code, ' 8‑3.10) (Ord. passed 10‑25‑99)
' 32.025 DIVERSIFICATION.
The village shall diversify its investments to the best of its ability based on the type of funds invested and the cash flow needs of those funds. Diversification can be by type of investment, number of institutions invested in and length of maturity.
('87 Code, ' 8‑3.11) (Ord. passed 10‑25‑99)
' 32.026 MAXIMUM MATURITIES.
(A) To the extent possible, the village shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the village will not directly invest in securities maturing more than two years from the date of purchase.
(B) Reserve funds may be invested in securities exceeding five years if the maturity of the investments are made to coincide as nearly as practicable with the expected use of the funds.
('87 Code, ' 8‑3.12) (Ord. passed 10‑25‑99)
' 32.027 INTERNAL CONTROL.
(A) The Finance Committee is responsible for establishing and maintaining an internal control structure designed to insure that the assets of the entity are protected from loss, theft or misuse.
(B) The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The internal controls shall address the following points:
(1) Control of collusion;
(2) Separation of transaction authority from accounting;
(3) Custodial safekeeping; and
(4) Written confirmation of telephone transactions for investments and wire transfers.
('87 Code, ' 8‑3.13) (Ord. passed 10‑25‑99)
' 32.028 PERFORMANCE STANDARDS.
This investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a comparable rate of return during a market/economic environment of stable interest rates. Portfolio performance should be compared to benchmarks with similar maturity, liquidity and credit quality as the portfolio; for example, the performance of the 90‑day T-bill.
('87 Code, ' 8‑3.14) (Ord. passed 10‑25‑99)
' 32.029 REPORTING.
The Finance Committee shall prepare an investment report at least monthly. The report should be provided to the Board of Trustees and available on request. The report should be in a format suitable for review by the general public. An annual report should also be provided to the Board.
('87 Code, ' 8‑3.15) (Ord. passed 10‑25‑99)
' 32.030 MARKING TO MARKET.
A statement of the market value of the portfolio shall be issued to the Board of Trustees quarterly.
('87 Code, ' 8‑3.16) (Ord. passed 10‑25‑99)
' 32.031 INVESTMENT POLICY ADOPTION.
The investment policy shall be adopted by the Board of Trustees. The policy shall be reviewed on an annual basis by the Finance Committee and any modifications made thereto must be approved by the Board of Trustees.
('87 Code, ' 8‑3.17) (Ord. passed 10‑25‑99)
' 32.045 APPROPRIATION REQUIRED.
No contract shall be made by the President and Board of Trustees or any committee, or member thereof, and no expense shall be incurred by any of the officers or departments of the village, whether the object of the expenditure shall have been ordered by the President and Board of Trustees or not, unless an appropriation shall have been previously made concerning the expense, except as herein otherwise expressly provided.
('87 Code, ' 8‑13)
' 32.055 ANNUAL APPROPRIATION ORDINANCE; GENERALLY.
(A) The President and Board of Trustees shall, within the first quarter of each fiscal year, pass an ordinance to be termed the "annual appropriation ordinance," in which the village may appropriate the sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of the village.
(B) In the ordinance, they shall specify the objects and purposes for which the appropriations are made, and the amount appropriated for each object or purpose.
(C) No further appropriations shall be made at any other time within the fiscal year unless the proposition to make each appropriation has been first sanctioned by a petition signed by them or at a general or special election, duly called therefor.
('87 Code, ' 8‑19)
' 32.056 AMOUNTS OVER AND ABOVE.
(A) Neither the President and Board of Trustees, nor any department or officer of the village shall add to the expenses of the village in any one year anything over and above the amount provided for in the annual appropriation ordinance of that year, except as is herein otherwise provided.
(B) No expenditure for any improvement to be paid for out of the general fund of the village shall exceed in any one year the amount provided for the improvement in the annual appropriation ordinance.
(C) Nothing herein contained shall prevent the President and Board of Trustees from ordering, by a two-thirds vote, improvement, the necessity of which is caused by any casualty or accident happening after the appropriation is made.
(D) The President and Board of Trustees may, by a like vote, order the President and Finance Committee to borrow a sufficient amount to provide for the expense necessary to be incurred in making any improvement, the necessity of which has arisen as is last above mentioned, for a space of time not exceeding the close of the next fiscal year, which sum and the interest shall be added to the amount authorized to be raised in the next general tax levy and embraced therein.
(E) Should any judgment be obtained against the village, the President and Finance Committee, under the sanction of the Board of Trustees, may borrow a sufficient amount to pay the same, for a space of time not exceeding the close of the next fiscal year, which sum and interest 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.
('87 Code, ' 8‑20)
' 32.057 FIXING SALARIES.
(A) The President and Board of Trustees shall, by the annual appropriation bill or ordinance or by some ordinance or resolution to be passed prior thereto in each fiscal year, fix and establish the amount of salary or compensation to be paid any village officers whose compensation has not been previously fixed.
(B) The salaries or compensation thus fixed or established shall neither be increased nor diminished after the passage of the appropriation ordinance, during the year for which the appropriation is made, nor shall any salary be increased or diminished, to take effect as to any Trustee voting for the change during his or her term of office, not to take effect as to any other officer during the term for which any officer was elected or appointed.
(C) No extra compensation shall ever be allowed to any officer or employee over and above that provided in the manner aforesaid.
('87 Code, ' 8‑21)
' 32.070 CLAIMS.
In the payment of claims against the village, the following procedure shall be used:
(A) The claim shall be presented to the Clerk;
(B) The Clerk shall read the claim at the next meeting; and
(C) The Finance Committee shall approve the claim before payment.
('87 Code, ' 8‑27)
' 32.071 WARRANTS.
All warrants drawn on the Treasurer shall be signed by the President and countersigned by the Village Clerk, stating the particular fund appropriation to which the same is chargeable, and the person to whom payable.
('87 Code, ' 8‑27)
' 32.085 PERMITTED PURPOSES; BOND ISSUES.
(A) Whenever it shall be lawful for the President and Board of Trustees to raise and expend funds for any proper corporate purpose not contemplated by the annual appropriation ordinance, and for the payment of which the annual taxation of the village may not be sufficient, the President and Board of Trustees may borrow money for the purposes, and provide for the issuing of interest bearing bonds in the amounts and form and on the conditions as the President and Board of Trustees may prescribe.
(B) The whole amount of the principal of the bonds, including existing indebtedness, shall not exceed 5% on the value of the taxable property in the village, to be ascertained by the last assessment for state and county taxes previous to the incurring of the indebtedness or issuing of the bonds.
('87 Code, ' 8‑34)
' 32.086 COLLECTION OF DIRECT ANNUAL TAX; SINKING FUND.
(A) Before or at any time of incurring indebtedness or issuing bonds as provided in ' 32.085, the President and Board of Trustees shall provide for the collection of a direct annual tax sufficient to pay the interest on the debt as it falls due, and also to provide an adequate sinking fund for the payment and discharge of the principal thereof within 20 years after contracting the same.
(B) The annual tax shall be included each year in the annual appropriation ordinance of that year.
('87 Code, ' 8‑35)
' 32.087 DISPOSITION OF PROCEEDS FROM SALE OF BONDS.
The proceeds arising from the sale of the bonds provided for in ' 32.085 shall be placed in the Village Treasury to the credit of the general municipal fund, or the special fund, as the President and Board of Trustees may direct.
('87 Code, ' 8‑36)
' 32.088 USE OF SINKING FUND MONIES.
(A) The President and Board of Trustees shall invest all moneys belonging to the sinking fund provided for in this subchapter, in interest bearing securities, or shall use the same for the purchase and retirement of the bonds which the fund shall be provided to pay.
(B) The money shall be used in no other manner.
(C) Whenever any of the bonds shall have been purchased they shall be canceled at the next regular meeting of the President and Board of Trustees and a minute of the cancellation be entered on record in the proceedings of the Board of Trustees.
('87 Code, ' 8‑37)
TREE REMOVAL FUND
' 32.100 AMOUNT DESIGNATED.
An amount not to exceed $500 per annum shall be allocated from the general funds, this amount to be designated Tree Removal Fund.
('87 Code, ' 5‑11)
' 32.101 ADMINISTRATION.
The Tree Removal Fund, and its proper allocation, shall be under the administration of the Committee of Streets and Sidewalks.
('87 Code, ' 5‑12)
' 32.102 USE RESTRICTED.
(A) The use of the Tree Removal Fund shall be restricted to the removal of trees situated between the property line and the street.
(B) If the location of the tree is in doubt, the services of a competent surveyor shall also be paid from the fund, the survey made, and the decision of the surveyor shall be final.
('87 Code, ' 5‑13)
' 32.103 APPLICATION FOR TREE REMOVAL.
(A) The individual property owner shall make a written application for tree removal, at the Office of the Village Clerk, of any tree existing beyond his or her property line.
(B) This application shall then be considered in sequential order by the Street and Sidewalk Committee.
('87 Code, ' 5‑14)
' 32.104 SUFFICIENT CAUSE FOR TREE REMOVAL.
(A) Good and sufficient cause for tree removal shall be:
(1) Diseased or dead trees;
(2) Roots or trunks detrimental to existing sidewalks and streets; and
(3) Roots detrimental to sewer operations.
('87 Code, ' 5‑15)
(B) The Street and Sidewalk Committee shall use as a guideline in their decision that the trees exhibiting the greatest hazard shall be the first slated for removal.
('87 Code, ' 5‑16)
(C) The actual job of tree removal shall normally be done by a professional tree removal service, who shall demonstrate that they carry proper liability and damage insurance covering both life and property damage.
('87 Code, ' 5‑17)
CHAPTER 33: POLICE DEPARTMENT
33.01 Powers and duties of Chief of Police
33.02 Police officers
' 33.01 POWERS AND DUTIES OF CHIEF OF POLICE.
The Police Chief shall:
(A) Serve all notices, demands, orders or process issued or delivered to him or her for that purpose by the President or Board of Trustees and perform all other duties which may be prescribed by resolution or ordinance;
(B) Report promptly to the President all public places within the village dangerous to life and limb, and any neglect or failure of owners or contractors to fence around excavations or to keep in sight red lights as danger signals in the nighttime when required so by this code;
(C) Keep a record of all cases brought before any tribunal for violations of this code or village ordinances, together with the nature of the charge, the name of the offender, before whom taken, the amount of fine imposed or judgment rendered, and whether paid by commitment or otherwise, and make a report thereof, together with a statement of all property received by him or her by virtue of his or her office since his or her last report;
(D) Take charge of the Village Jail and see that the same is kept clean and have charge of all persons while confined therein and see that they are properly fed and taken care of; and
(E) Have the power to suspend an officer up to three days without pay for any violation of ordinance, county or state law, and any violation of Department rules and regulations and policies of the Department. The Chief of Police will then notify the Village President and Police Committee of the violation and action taken.
(1) Any action taken over the three days of suspension or dismissal shall go before the Village President and Police Committee and be approved by such.
(2) Anything over a three-day action, the officer shall have the right to an appeal and hearing no later than ten days after the action is taken.
('87 Code, ' 19‑11)
' 33.02 POLICE OFFICERS.
(A) (1) The President, with the advice and consent of the Board of Trustees, may employ three regular police officers and one Chief of Police, and also special police officers, as may be necessary for the preservation of peace and order.
(2) The number of special police officers to be employed shall be only a number recommended by the Chief of Police with approval of the Police Committee.
('87 Code, ' 19‑17)
(B) The terms of employment of regular police officers shall be at the pleasure of the Village Board of Trustees, but in no case shall any term of employment extend beyond the municipal year in which the employment began.
('87 Code, ' 19‑18)
(C) Police officers shall be conservators of the peace and shall have the following powers:
(1) To arrest or cause to be arrested, with or without process, all persons who breach the peace or are found violating any municipal ordinance or any criminal law of the state;
(2) If necessary, to detain arrested persons in custody for a few hours in any safe place, or until they can be brought before the proper circuit court judge or associate circuit court judge, or post bond;
(3) To serve and execute all warrants for the violation of this code of municipal ordinances, or the state criminal law, to whomsoever directed, within the limits of the village, and for this purpose police officers have all the common law and statutory power of police officers;
(4) To exercise all other powers as "conservators of the peace" that the corporate authorities may prescribe; and
(5) The police force shall abide by the rules set up by the Department of Rules and Regulations of the Police Committee provided herein.
('87 Code, ' 19‑19)
(D) Regular and special police officers shall each receive for their services a salary or wages as may be agreed upon by the President and Board of Trustees.
('87 Code, ' 19‑20)
CHAPTER 34: VILLAGE POLICIES
34.01 Adoption of State Gift Ban Act
' 34.01 ADOPTION OF STATE GIFT BAN ACT.
(A) (1) The State Gift Ban Act, ILCS Ch. 5, Act 425, '' 1 et seq., is hereby adopted as required by ILCS Ch. 5, Act 425, ' 83.
(2) The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the Act is prohibited by any elected or appointed official or any employee of the village.
('87 Code, ' 2‑86‑101)
(B) (1) To the extent authorized by law and to the extent required by ILCS Ch. 5, Act 425, ' 35, the Village Attorney is appointed to serve as the Ethics Officer of the village.
(2) The Ethics Officer=s duties shall be as provided in ILCS Ch. 5, Act 425, ' 35.
('87 Code, ' 2‑86‑102)
(C) All complaints for violations of the Act and this section shall be filed with the State Legislative Ethics Commission.
('87 Code, ' 2‑86‑103)
(D) (1) Any amendment to the State Gift Ban Act that becomes effective after the passage of this section shall be incorporated into this section by reference and shall be applicable to the solicitation and acceptance of gifts.
(2) 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 village.
('87 Code, ' 2‑86‑104)
(E) (1) If the State Supreme Court declares the State Gift Ban Act unconstitutional in its entirety, then this section shall be repealed as of the date that the 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 village.
(2) If the State Supreme Court declares part of the State Gift Ban 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. 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 village.
('87 Code, ' 2‑86‑105) (Ord. passed 6‑28‑99)
The Will County Circuit Court has ruled the State Gift Ban unconstitutional (Flynn and Jacobs v. Ryan and Ryan, 99 CH 340, filed September 8, 2000). However, the case is still undergoing the appeal process. The code user should therefore consult appropriate legal assistance to determine the status of this section.
CHAPTER 35: TAXATION
35.01 Ad valorem tax
35.02 Utilities excise tax
35.03 Municipal utility tax
' 35.01 AD VALOREM TAX.
(A) The President and Board of Trustees shall, on or before the second Tuesday in September of each year, ascertain the total amount of appropriations for all corporate purposes legally made, and to be collected from the tax levy and assess the amount so ascertained upon the real and personal property within the village subject to taxation as the same is assessed for state and county purposes for the current year.
(B) A certified copy of the ordinance shall be filed with the County Clerk.
(C) The taxes shall be collected in the manner provided for in the general revenue laws of the state.
('87 Code, ' 21‑11)
' 35.02 UTILITIES EXCISE TAX.
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) The consideration received for the transmission of messages or for distributing, supplying, furnishing or selling electricity, the consideration received for distributing, supplying, furnishing or selling gas for use or consumption, and not for resale for use and consumption and not for resale, as the case may be, and for all services rendered in connection therewith valued in money, whether received in money or otherwise, including cash, credit, services and property of every kind and material and for all services rendered therewith; and shall be determined without any deduction on account of the cost of transmitting the messages without any deduction on account of the cost of the service, product or commodity supplied, the cost of materials used, labor or service cost or any other expenses whatsoever.
(b) GROSS RECEIPTS shall not include receipts received from the village for the sale to the municipality of any of the utility products or service mentioned above.
PERSON. Any natural individual, firm, trust, estate, partnership, association, joint stock company, joint adventure, corporation, municipal corporation or political subdivision of this state or a receiver, trustee, conservator or other representative appointed by order of any court.
TRANSMITTING MESSAGES. In addition to the usual and popular meaning of person to person communication, shall include the furnishing for a consideration, of services or facilities (whether owned or leased), or both, to persons in connection with the transmission of messages where the persons do not, in turn, receive any consideration in connection therewith, but shall not include the furnishing of services or facilities to persons for the transmission of messages to the extent that any services or facilities for the transmission of messages are furnished for a consideration, by the persons to other persons, for the transmission of messages.
('87 Code, ' 21‑17)
(B) A tax is imposed on all persons engaged in the following occupations or privileges:
(1) Persons engaged in the business of transmitting messages by means of electricity, at the rate of 5% of the gross receipts from the business originating within the corporate limits of the village;
(2) Persons engaged in the business of distributing, supplying, furnishing or selling electricity for use or consumption within the corporate limits of the village, and not for resale, at the rate of 5% of the gross receipts therefrom; and
(3) Persons engaged in the business of distributing, supplying, furnishing or selling gas for use or consumption within the corporate limits of the municipality, and not for resale, at the rate of 5% of the gross receipts therefrom.
('87 Code, ' 21‑18)
(C) (1) No tax is imposed by this section with respect to any transaction in interstate commerce or otherwise to the extent to which the business may not, under the constitution and statutes of the United States, be made subject to taxation by the state or any political subdivision thereof.
(2) Nor shall any persons engaged in the business of distribution, supplying, furnishing; or selling gas, water or electricity, or engaged in the business of transmitting messages be subject to taxation under the provisions of this section for the transactions as are or may become subject to taxation under the provisions of the Municipal Retailers Occupation Tax Act, authorized by ILCS Ch. 65, Act 5, '' 8‑11‑1 et seq., as amended.
(3) The tax imposed by this section shall not apply with respect to gross receipts pertaining to bills for the distribution, supply, furnishing or sale of electricity where the use or consumption of the electricity is subject to the tax imposed hereby pertaining to the village's municipality utility tax.
('87 Code, ' 21‑19)
(D) The tax imposed by this section shall be in addition to the payment of money, or value of products, or services furnished to the municipality by the taxpayer as compensation for the use of its streets, alleys or other public places, or installation and maintenance therein, thereon or thereunder of poles, wires, pipes or other equipment used in the operation of the taxpayers business.
('87 Code, ' 21‑20)
(E) (1) On or before April 30 of each year, each person described herein, shall make a return to the Village Treasurer for the months of January, February and March of that year stating:
(a) His or her name;
(b) His or her principal place of business;
(c) His or her gross receipts during those months upon the basis of which the tax is imposed;
(d) Amount of tax; and
(e) Other reasonable and related information as the corporate authorities may require.
(2) On or before the last day of every third month thereafter, each taxpayer shall make a like return to the Village Treasurer for a corresponding three-month period.
(3) The taxpayer making the return herein provided for shall, at the time of making the return, pay to the Village Treasurer the amount of tax herein imposed.
(4) In connection with any return the taxpayer may, if he or she so elects, report and pay an amount based upon his or her total billings of business subjects to the tax during the period for which the return is made, exclusive of any amounts previously billed, with prompt adjustments of later payments based upon any difference between the billings and the taxable gross receipts.
('87 Code, ' 21‑21)
(F) (1) If it shall appear that an amount of tax has been paid which was not due under the provisions of this section, whether as the result of a mistake of fact or an error of law, then the amount shall be credited against any tax due, or to become due, under this section from the taxpayer who made the erroneous payment.
(2) No amount erroneously paid more than three years prior to the filing of a claim therefor shall be so credited.
('87 Code, ' 21‑22)
(G) No action to recover any amount of tax due under the provisions of this section shall be commenced more than three years after the due date of the amount.
('87 Code, ' 21‑23)
' 35.03 MUNICIPAL UTILITY TAX.
(A) A tax is imposed on all persons engaged in the following occupations or privileges:
(1) The privilege of using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the municipality at the following rates, calculated on a monthly basis for each purchaser: kilowatt-hour;
(2) For the first 2,000 kilowatt-hours used or consumed in a month: 0.541 cents per kilowatt-hour;
(3) For the next 48,000 kilowatt-hours used or consumed in a month: 0.354 cents per kilowatt-hour;
(4) For the next 50,000 kilowatt-hours used or consumed in a month: 0.319 cents per kilowatt-hour;
(5) For the next 400,000 kilowatt-hours used or consumed in a month: 0.30 cents per kilowatt-hour;
(6) For the next 500,000 kilowatt-hours used or consumed in a month: 0.301 cents per kilowatt-hour;
(7) For the next 2,000,000 kilowatt-hours used or consumed in a month: 0.284 cents per kilowatt-hour;
(8) For the next 2,000,000 kilowatt-hours used or consumed in a month: 0.279 cents per kilowatt-hour;
(9) For the next 5,000,000 kilowatt-hours used or consumed in a month: 0.275 cents per kilowatt-hour;
(10) For the next 10,000,000 kilowatt-hours used or consumed in a month: 0.270 cents per kilowatt-hour; and
(11) For all electricity used or consumed in excess of 20,000,000 kilowatt-hours in a month: 0.266 cents per kilowatt-hour.
(12) The tax rates set forth herein will be used at least through December 31, 2008, are proportional to the rates enumerated in ILCS Ch. 65, Act 5, ' 8‑11‑2, as modified by Public Act 90‑561, and do not exceed the revenue that could have been collected during 1997 using the rates enumerated in ILCS Ch. 65, Act 8, ' 8‑11‑2, as modified by Public Act 90‑561.
('87 Code, ' 21‑34)
(B) None of the taxes authorized by this section may be imposed with respect to any transaction in interstate commerce or otherwise to the extent to which the business or privilege may not, under the Constitution and statutes of the United States, be made the subject of taxation by the state or any political subdivision thereof; nor shall any persons engaged in the business of distributing, supplying, furnishing or selling or transmitting gas, water or electricity, or engaged in the business of transmitting messages, or using or consuming electricity acquired in purchase at retail, be subject to taxation under the provisions of this section for those transactions that are or may become subject to taxation under the provisions of the Municipal Retailers' Occupation Tax Act, authorized by ILCS Ch. 65, Act 5, ' 8‑11‑1; nor shall any tax authorized by this section be imposed upon any person engaged in a business or on any privilege unless the tax is imposed in like manner and at the same rate upon all persons engaged in businesses of the same class in the municipality, whether privately or municipally owned or operated, or exercising the same privilege within the municipality.
('87 Code, ' 21‑35)
(C) The tax shall be in addition to other taxes levied upon the taxpayer or its business.
('87 Code, ' 21‑36)
(D) (1) The tax authorized by this section shall be collected from the purchaser by the person maintaining a place of business in the state who delivers the electricity to the purchaser. This tax shall constitute a debt of the purchaser to the person who delivers the electricity to the purchaser and if unpaid, is recoverable in the same manner as the original charge for delivering the electricity. Any tax required to be collected pursuant to this section and any tax collected by a person delivering electricity shall constitute a debt owed to the municipality by the person delivering the electricity. Persons delivering electricity shall collect the tax from the purchaser by adding the tax to the gross charge for delivering the electricity, provided that the person delivering electricity shall be allowed a credit for the related to deliveries of electricity the charges for which are written on as uncollectible, and provided further, that if the charges are thereafter collected, the delivering supplier shall be obligated to remit the tax.
(2) Persons delivering electricity shall also be authorized to add to the gross charge an amount equal to 3% of the tax to reimburse the person delivering electricity for the expense incurred in keeping records, billing customers, preparing and filing returns, remitting the tax and supplying data to the municipality upon request. If the person delivering electricity fails to collect the tax from the purchaser, then the purchaser shall be required to pay the tax directly to the municipality in the manner prescribed by the municipality. Persons delivering electricity who file returns pursuant hereto shall, at the time of filing the return, pay the municipality the amount of the tax collected pursuant to this section.
('87 Code, ' 21‑37)
(E) (1) On or before the last day of each month, each taxpayer shall make a return to the village for the preceding month stating:
(a) His or her name;
(b) His or her principal place of business;
(c) His or her gross receipts and/or kilowatt-hour usage during the month upon the basis of which the tax is imposed;
(d) Amount of tax; and
(e) Other reasonable and related information as the corporate authorities may require.
(2) The taxpayer making the return herein provided for shall, at the time of making the return, pay to the village the amount of tax herein imposed. In connection with any return, the taxpayer may, if he or she so elects, report and pay an amount based upon his or her total billings of business subject to the tax during the period for which the return is made, exclusive of any amounts previously billed, with prompt adjustments of later payments based upon any differences between the billings and the taxable gross receipts.
('87 Code, ' 21‑38)
(F) (1) If it shall appear that an amount of tax has been paid which was not due under the provisions of this section, whether as the result of a mistake of fact or an error of law, then the amount shall be credited against any tax due, or to become due, under this section from the taxpayer who made the erroneous payment. No amounts erroneously paid more than three years prior to the filing of a claim therefor shall be so credited.
(2) No action to recover any amount of tax due under the provisions of this section shall be commenced more than three years after the due date of the amount.
('87 Code, ' 21‑39) (Am. Ord. 98‑7, passed 9‑14‑98)
' 35.99 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99.
(B) Any taxpayer who fails to make a return, or who makes a fraudulent return, or who willfully violates any other provision of ' 35.03 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $750 in addition, shall be liable in a civil action for the amount of tax due.
('87 Code, ' 21‑40) (Am. Ord. 98‑7, passed 9‑14‑98)
Similar provisions, see ILCS Ch. 65, Act 5, ' 8‑11‑2