Revised CodeEXHIBIT 'A' CHAPTER 1 ADMINISTRATION ARTICLE I - GENERAL CODE PROVISIONS DIVISION I - TITLE 1-1-1 TITLE. Upon the adoption by the City Council, this City Code is hereby declared to be and shall hereafter constitute the official “Revised Code of Ordinances of the City”. The Revised Code of Ordinances shall be known and cited as the “City Code”, and it is hereby published by authority of the City Council and shall be kept up-to-date as provided in Section 1-1-3 under the direction of the City Attorney, acting for said City Council. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and article heading and to the general penalty clause relating thereto as well as to the section itself when reference is made to this City Code by title in any legal document. (See 65 ILCS Sec. 5/1-2-3) 1-1-2 ACCEPTANCE. The City Code as hereby presented in printed form shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effect, except the excluded ordinances enumerated in Section 1-1-8. (See 65 ILCS Sec. 5/1-2-6) 1-1-3 AMENDMENTS. Any ordinance amending this City Code shall set forth the article, chapter, and section number of the section or sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this City Code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers and the ordinance material shall be prepared for insertion in its proper place in each copy of this City Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the City Code on an annual basis. (See 65 ILCS Sec. 5/1-2-3) 1-1-4 CODE ALTERATION. It shall be deemed unlawful for any person to alter, change, replace or deface in any way, any section or any page of this Code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the City Council. The Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the Clerk. Any person having in his custody an official copy of this Code shall make every effort to maintain said Code in an up-to-date and efficient manner. He shall see to the immediate insertion of new or replacement pages when such are delivered to him or made available to him through the office of the City Clerk. Said Code books, while in actual possession of officials and other interested persons shall be and remain the property of the City and shall be returned to the office of the Clerk upon termination of office or separation of duties. 1-1-5 JURISDICTION. Unless otherwise provided herein, this Code applies to acts performed within the corporate limits of the City. Provisions of this Code also apply to acts performed outside the corporate limits and up to the limits prescribed by law, where the law confers power on the City to regulate such particular acts outside the corporate limits. 1-1-6 - 1-1-7 RESERVED. DIVISION II - SAVING CLAUSE 1-1-8 REPEAL OF GENERAL ORDINANCES. All general ordinances of the City passed prior to the adoption of this Code are hereby repealed, except such as are referred to herein as being still in force or are, by necessary implication, herein reserved from repeal [subject to the saving clauses contained in the following sections], from which are excluded the following ordinances, which are not hereby repealed: Tax Levy Ordinances; Appropriation Ordinances; Ordinances Relating to Boundaries and Annexations; Franchise Ordinances and other Ordinances Granting Special Rights to Persons or Corporations; Contract Ordinances and Ordinances Authorizing the Execution of a Contract or the Issuance of Warrants; Salary Ordinances; Ordinances Establishing, Naming, or Vacating Streets, Alleys, or Other Public Places; Improvement Ordinances; Bond Ordinances; Ordinances Relating to Elections; Ordinances Relating to the Transfer or Acceptance of Real Estate by or from the City; and all Special Ordinances. 1-1-9 PUBLIC UTILITY ORDINANCES. No ordinance relating to railroads or railroad crossings with streets and other public ways or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this Code or by virtue of the preceding section, excepting as this Code shall be considered as amending such ordinance or ordinances in respect to such provisions only. 1-1-10 COURT PROCEEDINGS. No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any claim arising under the former ordinance or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect. This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance. Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this Chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of this Code. 1-1-11 SEVERABILITY OF PROVISIONS. Each section, paragraph, sentence, clause and provision of this Code is severable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Code, nor any part thereof, other than that part affected by such decision. 1-1-12 CITY CLERK’S CERTIFICATE. The City Clerk's Certificate shall be substantially in the following form: CITY CLERK'S CERTIFICATE STATE OF ILLINOIS ) COUNTY OF GREENE ) ss. CITY CLERK'S OFFICE CITY OF CARROLLTON ) I, Lynn King, City Clerk of the City of Carrollton, Illinois, do hereby certify that the following Revised Code of Ordinances of the City of Carrollton, Illinois of 2003, published by authority of the City Council were duly passed by the City Council of the City of Carrollton, Illinois, approved by the Mayor and published in book form according to law on this date, and that these ordinances are true and perfect copies of the ordinances, as passed, approved and now of record and on file in my office as provided by law. In witness whereof, I have set my hand and affixed the corporate seal of the City of Carrollton, Illinois, this ________ day of __________________, 2003. ______________________________ LYNN KING, CITY CLERK CITY OF CARROLLTON (SEAL) 1-1-13 - 1-1-14 RESERVED. DIVISION III - DEFINITIONS 1-1-15 CONSTRUCTION OF WORDS. Whenever any word in any section of this Code, importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this Code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided that these rules of construction shall not be applied to any section of this Code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto. 1-1-16 DEFINITIONS. Whenever the following words or terms are used in this Code, they shall have the meanings herein ascribed to them unless the context makes such meaning repugnant thereto: “AGENT”, as used in this Code shall mean a person acting on behalf of another. “CITY” shall mean the City of Carrollton, Illinois. “CODE” OR “THIS CODE”, shall mean the “Revised Code of Ordinances of the City of Carrollton”. “CORPORATE AUTHORITIES” shall mean the Mayor and the City Council. (See 65 ILCS Sec. 5/1-1-2) “COUNCIL” unless otherwise indicated shall mean the City Council of this City. “COUNTY” shall mean the County of Greene. “EMPLOYEES” shall mean the following: Whenever reference is made in this Code to a City employee by title only, this shall be construed as though followed by the words “of the City”. “FEE” OR “FEES” as used in this Code shall mean a sum of money charged by the City for carrying on of a business, profession or occupation. “FISCAL YEAR”. The "fiscal year" for the City shall begin on May 1st of each year and end on April 30th of the following year. (See 65 ILCS Sec. 5/1-1-2[5]) “KNOWINGLY” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission. “LAW” denotes applicable federal law, the Constitution and statutes of the State of Illinois, the ordinances of the City and, when appropriate, any and all rules and regulations which may be promulgated thereunder. “LEGAL HOLIDAY” shall mean the holidays as authorized and recognized by the City Council in the employee agreement. “LICENSE” as used in this Code shall mean the permission granted for the carrying on of a business, profession or occupation. “MAY”. The word “may” is permissive. “MAYOR” as used in this Code shall mean the Mayor of this City. “MISDEMEANOR” as used in this Code shall mean any offense deemed a violation of the provisions of this Code which is a lesser offense than a felony as defined by state law. “NEGLECT”, “NEGLIGENCE”, “NEGLIGENT” AND “NEGLIGENTLY” import a want of such attention to the nature of probable consequences of the act of omission as a prudent man ordinarily bestows in acting in his own concern. “NUISANCE” shall mean anything offensive or obnoxious to the health and welfare of the inhabitants of the City or any act or thing repugnant to or creating a hazard to or having a detrimental effect on the property of another person or to the community. “OCCUPANT” as applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others. “OFFENSE” shall mean any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code. “OFFICERS AND EMPLOYEES”. Whenever reference is made in this Code to a City Officer or employee by title only, this shall be construed as though followed by the words “of the City” and shall be taken to mean the officer or employee of this City having the title mentioned or performing the duties indicated. No provision of this Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided in this Code for a failure to perform such duty, unless the intention of the City Council to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. “OFFICIAL TIME”. Central Standard Time shall be the official time for the transaction of City business, except during applicable Daylight Savings Time set by National or State standards when the official time shall be advanced one (1) hour. All clocks and other timepieces in or upon public buildings or other premises maintained by or at the expense of the City shall be set and run at the official time prescribed by this paragraph. “OPERATOR” as used in this Code shall mean the person who is in charge of any operation, business or profession. “OWNER” as applied to a building or land shall include any part-owner, joint-owner, tenant-in-common, joint-tenant or lessee of the whole or of a part of such building or land. “PERSON” shall mean any natural individual, firm, trust, partnership, association, or corporation in his or its own capacity as administrator, conservator, executor, trustee, receiver or other representative appointed by the Court. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine as applied to partnerships or any such word as applied to corporations, it shall include the officers, agents, or employees thereof who are responsible for any violation of said section. “PERSONAL PROPERTY” shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein. “RETAILER” as used in this Code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer. “SHALL”. The word “shall” is mandatory and not discretionary. “STATE” OR “THIS STATE” unless otherwise indicated shall mean the “State of Illinois”. “STREET” shall include alleys, lanes, courts, boulevards, public squares, public places and sidewalks. “TENANT” as applied to a building or land shall include any person who occupies the whole or any part of such building or land, whether alone or with others. “WHOLESALER” AND “WHOLESALE DEALER” as used in this Code unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles, or things in quantity to persons who purchase for the purpose of resale. “WILLFULLY” when applied to the intent with which an act is done or omitted implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage. “WRITTEN” AND “IN WRITING” may include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark. (See 65 ILCS Sec. 5/1-1-2) 1-1-17 CATCHLINES. The catchlines of the several sections of this Code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. 1-1-18 - 1-1-19 RESERVED. DIVISION IV - GENERAL PENALTY 1-1-20 PENALTY. (A) Any person convicted of a violation of any section of this Code shall be fined not less than Seventy-Five Dollars ($75.00) nor more than Seven Hundred Fifty Dollars ($750.00) for any one (1) offense. (B) Any minor or person designated a juvenile by this State convicted of a violation of any section of this Code shall be fined not less than Seventy-Five Dollars ($75.00) nor more than Seven Hundred Fifty Dollars ($750.00) for any one (1) offense, but may not be confined except by provisions of the Juvenile Court Act of the State of Illinois. (C) Whoever commits an offense against the City or aids, abets, counsels, commands, induces or procures its commission is punishable as a principal. (D) Whoever willfully causes an act to be done which, if directly performed by him or another would be an offense against the City, is punishable as a principal. (E) All municipal ordinance offenses may be satisfied without a court appearance by written plea of guilty and payment of the minimum fine, plus court costs, unless a court appearance is required by the ordinance violated. (See 65 ILCS Sec. 5/1-2-7 and 5/1-2-8) (F) Community Service. A penalty imposed for the violation of any section of this Code may include, or consist of, a requirement that the defendant perform some reasonable public service work such as but not limited to the picking up of litter in public parks or along public highways or the maintenance of public facilities. 1-1-21 MINOR VIOLATIONS PENALTY. (A) Any person accused of a violation of any section of this Code except Chapter 24 entitled “Motor Vehicles” may settle and compromise the claim by paying to the City the sum of Twenty-Five Dollars ($25.00) within ten (10) days from the time such alleged offense was committed or by paying to the City Clerk the sum of Fifty Dollars ($50.00) subsequent to said ten (10) day period and prior to such person being issued a complaint or notice to appear. (B) The tickets issued under this Section shall be as a courtesy in lieu of arrest. If the person accused of this violation does not settle the claim, a complaint or notice to appear will be issued for that violation and the person shall be subject to the penalties set forth in Section 1-1-20 of this Code. 1-1-22 SERVICE BY CERTIFIED MAIL. In all actions for violation of any municipal ordinance where the fine would not be in excess of Seven Hundred Fifty Dollars ($750.00) and no jail term could be imposed, service of summons may be made by the municipal clerk by certified mail, return receipt requested, whether service is to be within or without the State. (See 65 ILCS Sec. 5/1-2-9.1) 1-1-23 APPLICATION. (A) The penalty provided in this Chapter shall be applicable to every section of this City Code, the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this City Code, where any duty is prescribed or obligation imposed, or where any act which is of a continuing nature or declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this City Code. (B) In all cases where the same offense is made punishable or is created by different clauses or sections of this City Code, the prosecuting officer may elect under which to proceed; but not more than one (1) recovery shall be had against the same person for the same offense; provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. (C) Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this City Code, and there shall be no fine or penalty specifically declared for such breach, the provisions of this Code shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues. 1-1-24 LIABILITY OF OFFICERS. The failure of any officer or employee to perform any official duty imposed by this Code shall not subject such officer or employee to the penalty imposed for violation of this Code, unless a penalty is specifically provided for. 1-1-25 LICENSE. When a person is convicted of a violation of any Section of this Code, any license previously issued to him by the City may be revoked by the court or by the City Council. ARTICLE II - CITY OFFICIALS DIVISION I - CITY COUNCIL 1-2-1 CITY COUNCIL. The City Council shall consist of the Mayor and six (6) Aldermen, two (2) from each of the three (3) wards, and their term of office shall be for four (4) years, and until their successors are elected and have qualified. (See 65 ILCS Sec. 5/3.1-10-50(D) and 5/3.1-20-10) 1-2-2 REGULAR MEETINGS. The regular stated meetings of the City Council shall be held in the City Hall Building on the second (2nd) Tuesday after the first (1st) Monday in each month at 7:00 P.M. When said meeting date falls upon a legal holiday, the meeting shall be held on the following Tuesday at the same hour. Adjourned meetings may be held at such times as may be determined by the Council. Public notice of regular meetings shall be given in accordance with the Meetings of Public Agencies Act of the State of Illinois, Illinois Compiled Statutes, Ch. 5, Sections 120/1 through 120/5. (See 65 ILCS Sec. 5/3.1-40-25) (Ord. No. 442; 05-04-82) 1-2-3 SPECIAL MEETINGS. Special meetings of the City Council may be called by the Mayor or any three (3) Aldermen by giving at least forty-eight (48) hours notice thereof by delivering to them personally written or printed notices of the time of such meeting at the residences of the Aldermen; such notices shall be served by mail, by the Chief of Police or his designated representative. Said notices shall specify the purpose of said special meeting and the business to be taken up at that time and place. Such notice shall be posted at the City Hall and shall be provided to any local newspaper of general circulation or any local radio or television station that has filed an annual request for such notice. The notice shall be provided to such news media in the same manner as said notice is given to the Mayor and members of the City Council, provided such news media has given the City an address within the City at which such notice may be given. (See 65 ILCS Sec. 5/3.1-40-25 and 5 ILCS Sec. 120/2.02 and 120/2.03) 1-2-4 VACANCY. When a vacancy occurs, if more than twenty-eight (28) months remain in the term and the vacancy occurs not less than one hundred thirty (130) days before the general municipal election, next scheduled under the general election law, the office shall be filled for the remainder of the term at that general municipal election. During the period from the time that the vacancy occurs until the next election of Aldermen, the Mayor shall appoint a qualified person to the office subject to the advise and consent of the City Council. (See 65 ILCS Sec. 5/3.1-10-50(B)) 1-2-5 COMMITTEES. The following standing committees of the City Council are hereby established, to-wit: (A) (1) Finance and Personnel (5) Sidewalks, Ditches, Trees (2) Water/Sewer (6) Traffic and Safety (3) Street/Alley (7) Personnel (4) Public Improvements (8) Parks/Recreation and Purchases (B) The committees shall be appointed annually by the Mayor. (C) The Mayor shall be ex-officio chairman of each and every standing committee. (D) So far as is practicable, reports of committees shall be in writing. (E) As provided by law, any report of a committee of the Council shall be deferred for final action thereon to the next regular meeting of the same after the report is made, upon the request of any two (2) Aldermen present. (See 65 ILCS Sec. 5/3.1-40-35) (F) All committee meetings are subject to the Open Meetings Act requirements and minutes shall be taken. (See 5 ILCS Sec. 120/1 and 120/2.06) 1-2-6 SPECIAL COMMITTEES. Special Committees may be appointed by the Mayor, subject to the advice and consent of the Aldermen, as may be needed from time to time. 1-2-7 QUORUM. At all meetings of the City Council, a majority of the corporate authorities shall constitute a quorum for the transaction of business, and if no such quorum attends such meeting of the Council, the Aldermen may adjourn from day to day until a quorum is present; and shall have power to compel the attendance of absent members, except when such members are physically unable to attend such meetings. (See 65 ILCS Sec. 5/3.1-40-20) EDITOR’S NOTE: When the Council has a Mayor and six (6) Aldermen, a quorum is four (4), which may consist of the Mayor and three (3) Aldermen, or four (4) Aldermen. 1-2-8 COMPELLING ATTENDANCE. It shall be the duty of each and all Aldermen to attend all regular meetings of the City Council and all special meetings when each has been duly notified of the date and place of such meeting. If, at any special meeting duly called, a quorum is not present, the Aldermen in attendance may adjourn the same to some stated time. Any Alderman duly notified in writing by the City Clerk of the time and place of such adjourned meeting and any Alderman who may have been present when such adjournment was had who fails to attend the same shall be fined Fifteen Dollars ($15.00) for each of such adjourned meetings as he failed to attend; provided that the foregoing shall not apply when any Alderman is absent from such meeting or meetings because of sickness or unavoidable accident. (See 65 ILCS Sec. 5/3.1-40-20) 1-2-9 MEMBERS REFUSING TO ATTEND. Any member of the City Council who shall neglect or refuse to attend any meeting of the City Council without good and sufficient excuse to be passed upon by the City Council shall be fined the sum of Twenty-Five Dollars ($25.00) for failure to attend such meeting. No member shall receive compensation for failure to attend said meeting under the provisions of Section 1-2-2. (See 65 ILCS Sec. 5/3.1-10-50 and 5/3.1-40-20) [EDITOR’S NOTE: No procedure is set forth in the statutes for determining that a vacancy exists. Where a true question exists as to the presence of a vacancy, a hearing should be held before the vacancy is declared. A registered letter should be sent to the last known address of the person whose office is in question. 1-2-10 RESERVED. DIVISION II - RULES OF THE CITY COUNCIL 1-2-11 RULES OF THE COUNCIL. The following rules of order and procedure shall govern the deliberations and meetings of the City Council. (See 65 ILCS Sec. 5/3.1-40-15) (A) Order of Business. The order of business shall be as follows: (1) Call to order by presiding officer. (2) Roll Call. (3) The reading of the journal of the proceedings of the last preceding meeting or meetings, and correction and approval of the same, unless dispensed with by the Aldermen and correction of the journal of the proceedings of previous meetings. (4) Reports and communications from the Mayor and other City Officers. (5) Visitors. (6) Reports of Standing Committees. (7) Reports of Special Committees. (8) Presentation of communications, petitions, resolutions, orders, and ordinances by the Aldermen. (9) Unfinished business. (10) Miscellaneous business. All questions relating to the priority of business shall be decided by the chair without debate, subject to appeal. (B) Duties of Presiding Officer. The presiding officer shall preserve order and decorum and may speak to points of order in preference to other Aldermen, and shall decide all question of order, subject to appeal. In case of any disturbance or disorderly conduct, the presiding officer shall have the power to require that the chamber be cleared. (C) Duties of Members. While the presiding officer is putting the question, no member shall walk across or out of the Council Chamber. Every member, previous to his speaking, making a motion or seconding the same shall not proceed with his remarks until recognized and named by the Chair. He shall confine himself to the question under debate, avoiding personalities and refraining from impugning the motives of any other member's argument or vote. (D) Visitors. No person other than a member of the Council shall address that body. (E) Presentation of New Business. When a member wishes to present a communication, petition, order, resolution, ordinance or other original matter, the member shall read such matter when reached in its proper order. (F) Debate. No member shall speak more than once on the same question, except by consent of the Presiding Officer or unless three-fourths (3/4) of the corporate authorities agree that one's right to debate should be limited to speak only once and then not until every other Alderman desiring to speak shall have had an opportunity to do so; provided, however, that the proponent of the matter under consideration, as the case may be, shall have the right to open and close debate. The City Council, by motion, may limit debate. The Presiding Officer shall have the right to participate in debate. While a member is speaking, no Alderman shall hold any private discussion, nor pass between the speaker and the Chair. (G) Call of Aldermen to Order. A member, when called to order by the Chair, shall thereupon discontinue speaking and take his seat and the order or ruling of the Chair shall be binding and conclusive, subject only to the right to appeal. (H) Appeals from Decision of the Chair. Any member may appeal to the Council from a ruling of the Chair, and if the appeal is seconded, the Alderman making the appeal may briefly state his reason for the same, and the Chair may briefly explain his ruling; but there shall be no debate on the appeal and no other person shall participate in the discussion. The Presiding Officer shall have the right to participate in debate. The Chair shall then put the question, "Shall the decision of the Chair be sustained?". If a majority of the Aldermen present vote “No”, the decision of the Chair shall be overruled; otherwise, it shall be sustained. (I) Question of Personal Privilege. The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. (J) Voting. Every member who shall be present when a question is stated from the chair shall vote thereon, unless he is personally interested in the question, in which case, he shall take whatever steps are necessary to insure that his vote is not taken. (K) Special Order of Business. Any matter before the City Council may be set down as a special order of business at a time certain if two-thirds (2/3) of the Aldermen present vote in the affirmative, but not otherwise. (L) Seconding of Notions Required; Written Motions. No motion shall be put or debated in the meeting or in committee unless it be seconded. When a motion is seconded, it shall be stated by the presiding officer before debate, and every motion in the Council, except motions of procedure, shall be reduced to writing if required by a member, and the proposer of the motion shall be entitled to the floor. (M) Withdrawal of Motions. After a motion or resolution is stated by the presiding officer, it shall be deemed to be in possession of the Aldermen, but it may be withdrawn at any time before decision, by consent of the Aldermen. (N) Division of Questions. If any question under consideration contains several distinct propositions, the Aldermen, by a majority vote of the Aldermen present may divide such question. (O) Record of Motions. In all cases where a resolution or motion is entered in the journal, the name of the Aldermen moving the same shall be entered also. (P) Taking and Entering the Votes - Explanations of Votes Not Permitted. If any member required it, the “yeas” and “nays” upon any question shall be taken and entered in the journal; but the yeas and nays shall not be taken unless called for prior to any vote on the question. When the Clerk has commenced to call the roll of the members for the taking of a vote by yeas and nays, all debate on the question before the City Council shall be deemed concluded, and during the taking of the vote, no member shall be permitted to explain his vote, but shall respond to the calling of his name by the Clerk, by answering yea or nay, as the case may be. (Q) Announcement and Changes of Vote. The result of all votes by yeas and nays shall not be announced by the Clerk, but shall be handed by him to the chairman for announcement, and no vote shall be changed after the tally list has passed from the hands of the Clerk. (R) Precedence of Motions. When a question is under debate, the following motions shall be in order and shall have precedence over each other in order, as listed: (1) To adjourn to a day certain. (2) To adjourn. (3) To take a recess. (4) To lay on the table. (5) The previous question. (6) To refer. (7) To amend. (8) To defer or postpone to a time certain. (9) To defer or postpone (without reference to time.) (10) To defer or postpone indefinitely. Numbers (2), (4), and (5) to be decided without debate. (S) Motions to Adjourn. A motion to adjourn the City Council shall always be in order, except: (1) When an Alderman is in possession of the floor. (2) While the yeas and nays are being called. (3) When the members are voting. (4) When adjournment was the last preceding motion. (5) When it has been decided that the previous question shall be taken. A motion simply to adjourn shall not be subject to amendment or debate, but a motion to adjourn to a time certain shall be. The City Council may, at any time, adjourn over one (1) or more regular meetings on a vote of a majority of all the Aldermen authorized by law to be elected. (T) Previous Question. When the previous question is moved on the main question and seconded, it shall be put on this form: “Shall the main question now be put?”. If such motion be carried, all further amendments and all further motions and debate shall be excluded, and the question put without delay upon the pending amendment in proper order and then upon the main question. (U) Motions to Lay on the Table and to Take From the Table. A motion to lay the question on the table shall not be debatable, but a motion to lay on the table and publish, or with any other condition shall be subject to amendment and debate. A motion to take any motion or other proposition from the table may be proposed at the same meeting at which such motion or proposition was laid upon the table, provided two-thirds (2/3) of the Aldermen vote therefor. A motion to lay any particular motion or proposition on the table shall apply to that motion or proposition only. An amendment to the main question or other pending question may be laid on the table and neither the main question nor such other pending question shall be affected thereby. (V) Indefinite Postponement; Motion to Defer or Postpone Without Any Reference to Time. When consideration of a motion or other proposition is postponed indefinitely, it shall not be again taken up at the same meeting. A motion to postpone indefinitely shall not open the main question to debate. A motion to defer or postpone without any reference to time shall not be construed as a motion to postpone indefinitely, but shall be considered to be of the same general nature and to possess the same general attributes so far as applicable under these rules, as a motion to postpone indefinitely or to a time certain. (W) Motion to Refer. A motion to refer to a standing committee shall take precedence over a similar motion to refer to a special committee. (X) Motion to Amend. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be entertained. An amendment modifying the intention of a motion shall be in order; but an amendment relating to a different subject shall not be in order. On an amendment to “Strike Out and Insert", the paragraph to be amended shall first be read as it stands, then the words proposed to be stricken out, then those to be inserted, and finally, the paragraph as it will stand if so amended shall be read. An amendment to the main question or other pending questions may be referred to a committee and neither the main question nor such other pending question shall be affected thereby. (Y) Filling of Blanks. When a blank is to be filled and different sums or times proposed, the question shall be taken first on the least sum or the longest time. (Z) Motion to Substitute. A substitute for any original proposition under debate or for any pending amendment or such proposition may be entertained notwithstanding that at such time, further amendment is admissible; and if accepted by the Aldermen by a vote shall entirely supersede such original proposition or amendment, as the case may be, and cut off all amendments appertaining thereto. (AA) Reconsideration. A vote or question may be reconsidered at any time during the same meeting, or at the first regular meeting held thereafter. A motion for reconsideration having been once made and decided in the negative shall not be renewed, nor shall a motion to reconsider be reconsidered. A motion to reconsider must be made and seconded by Aldermen who voted on the prevailing side of the question to be reconsidered, unless otherwise provided by law; provided, however, that where a motion has received a majority vote in the affirmative, but is declared lost solely on the ground that a greater number of affirmative votes is required by statute for the passage or adoption of such motion, then in such case, a motion to reconsider may be made and seconded only by those who voted in the affirmative on such question to be reconsidered. (BB) Adoption of Robert's “Rules of Order Revised”. The rules of parliamentary practice comprised in the latest published edition of Robert's “Rules of Order Revised” shall govern the Council in all cases to which they are applicable and in which they are not inconsistent with the special rules of the Council. (CC) Temporary Suspension of Rules - Amendment of Rules. These rules may be temporarily suspended by a vote of two-thirds (2/3) of the Aldermen entitled by law to be elected and shall not be repealed, altered or amended, unless by concurrence of two-thirds (2/3) of all the Aldermen entitled by law to be elected. (DD) Censure of Aldermen - Expulsion of Aldermen. Any Alderman acting or appearing in a lewd or disgraceful manner, or who uses opprobrious, obscene and insulting language to or about any member of the Council, or who does not obey the order of the Chair, shall be, on motion, censured by a majority vote of the members present, or expelled by a two-thirds (2/3) vote of all Aldermen elected. (See 65 ILCS Sec. 5/3.1-40-15) 1-2-12 AGENDA. An itemized agenda, along with all necessary supporting documentation shall be furnished to each member of the Council no later than the close of business on the Friday preceding the regular Council meeting. In the case of emergency matters, which could not have been reasonably foreseen in sufficient time to comply with this section, a revised agenda will be furnished to each member of the Council prior to the opening of the Council meeting. (See 5 ILCS Sec. 120/2.02) 1-2-13 RESERVED. DIVISION III - ORDINANCES 1-2-14 ORDINANCES. (A) Attorney. It shall be the duty of the City Attorney to prepare such ordinances as may be required by the City Council. (B) Introduced. When a proposed ordinance is introduced, it shall be read one time by title only and referred to the proper committee unless the City Council shall otherwise specifically direct. (C) Vote Required-Yeas and Nays Record. The passage of all ordinances for whatever purpose, and of any resolution or motion (1) to create any liability against a city or (2) for the expenditure or appropriation of its money, shall require the concurrence of a majority of all members then holding office on the City Council, including the Mayor, unless otherwise expressly provided by the Code or any other act governing the passage of any ordinance, resolution, or motion; provided that, where the Council consists of an odd number of Aldermen, the vote of the majority of the Aldermen shall be sufficient to pass an ordinance. The yeas and nays shall be taken upon the question of the passage of the designated ordinances, resolutions, or motions and recorded in the journal of the City Council. In addition, the corporate authorities at any meeting may by unanimous consent to take a single vote by yeas or nays on the several questions of the passage on any two (2) or more of the designated ordinances, orders, resolutions or motions placed together for voting purposes in a single group. The single vote shall be entered separately in the journal under the designation "omnibus vote", and in such event the Clerk may enter the words "omnibus vote" or "consent agenda" in the journal in each case in lieu of entering names of the members of City Council voting "yea" and of those voting "nay" on the passage of each of the designated ordinances, orders, resolutions and motions included in such omnibus group or consent agenda. The taking of such single or omnibus vote and such entries of the words "omnibus vote" or "consent agenda" in the journal shall be a sufficient compliance with the requirements of this section to all intents and purposes and with like effect as if the vote in each case had been separately by yeas and nays on the question of the passage of each ordinance, order, resolution and motion included in such omnibus group, and separately recorded in the journal. Likewise, the yeas and nays shall be taken upon the question of the passage of any other resolution or motion at the request of any Alderman and shall be recorded in the journal. (See 65 ILCS Sec. 5/3.1-40-40) (D) Ordinances - Approval-Veto. All resolutions and motions (1) which create any liability against the City, or (2) that provide for the expenditure or appropriation of its money, or (3) to sell any City property, and all ordinances, passed by the City Council shall be deposited with the City Clerk. If the Mayor approves an ordinance or resolution, the Mayor shall sign it. Those ordinances, resolutions and motions which the Mayor disapproves shall be returned to the City Council, with the Mayor’s written objections, at the next regular meeting of the City Council occurring not less than five (5) days after their passage. The Mayor may disapprove of any one (1) or more sums appropriated in any ordinance, resolution, or motion making an appropriation, and, if so, the remainder shall be effective. However, the Mayor may disapprove entirely of an ordinance, resolution, or motion making an appropriation. If the Mayor fails to return any ordinance or any specified resolution or motion with his written objections, within the designated time, it shall become effective despite the absence of the Mayor's signature. (See 65 ILCS Sec. 5/3.1-40-45) 1-2-15 RECONSIDERATION--PASSING OVER VETO. Every resolution and motion, specified in Section 1-2-14 and every ordinance, that is returned to the City Council by the Mayor shall be reconsidered by the City Council at the next regular meeting following the regular meeting at which the Village Board receives the Mayor’s written objection. If, after reconsideration, two-thirds (2/3) of all the Aldermen then holding office on the City Council agree at that regular meeting to pass an ordinance, resolution, or motion, notwithstanding the Mayor's refusal to approve it, then it shall be effective. The vote on the question of passage over the Mayor's veto shall be by yeas and nays, and shall be recorded in the journal. (See 65 ILCS Sec. 5/3.1-40-50) 1-2-16 NO VOTE TO BE RECONSIDERED AT SPECIAL MEETING. No vote of the City Council shall be reconsidered or rescinded at a special meeting unless there are present at the special meeting at least as many Aldermen as were present when the vote was taken. (See 65 ILCS Sec. 5/3.1-40-55) 1-2-17 - 1-2-18 RESERVED. DIVISION IV - GENERAL PROVISIONS 1-2-19 CORPORATE SEAL. (A) The Corporate Seal of the City shall be the same as that heretofore provided and used by the City. It shall be circular in form with the words, “City of Carrollton, Greene County, Illinois” in the exterior circle and the words “April 17, 1883” in the center. (See 65 ILCS Sec. 5/2-2-12) (B) The Corporate Seal shall be used as such seal in all cases provided for by law or by the ordinances of the City and in all other cases in which, by law and custom, it is usual and necessary for the corporation to use a seal. The seal shall be and remain with the City Clerk who shall be the legal custodian. (See 65 ILCS Sec. 5/3.1-35-90) 1-2-20 ELECTIONS. (A) Election Procedure. The provisions of the Illinois Compiled Statutes, Chapter 10 and Chapter 65, Section 5/3.1-10-10 concerning municipal elections shall govern the conduct of the City elections. (B) Inauguration. The inauguration of newly elected City officials shall occur at the first regular or special meeting of the City Council in the month of May following the general municipal election in April. (See 65 ILCS Sec. 5/3.1-10-15) 1-2-21 APPOINTMENT OF ELECTED OFFICIALS. No Alderman of this City, during the term of office for which he is elected, may accept or be appointed to or hold any office appointed by the Mayor except if such Alderman is granted a leave of absence from such office. However, such Alderman may serve as a volunteer fireman and receive compensation for such service. Any appointment in violation of this section is void. (See 65 ILCS Sec. 5/3.1-15-15) NOTE: One (1) member may serve on the Library Board. (See 75 ILCS Sec. 5/4-1 and 50 ILCS Sec. 105/2) 1-2-22 MUNICIPAL OFFICERS - REGULATIONS. (A) Effect. The provisions of this Division shall apply alike to all officers and employees of the City regardless of the time of creation of the office or position or the time of the appointment of the officer or employee. (B) Qualifications; Appointive Office. (1) No person shall be eligible for any appointive municipal office unless that person is a qualified elector of the municipality or otherwise provided by law. (2) The residency requirements do not apply, however, to municipal engineers, health officers, attorneys, or other officers who require technical training or knowledge, to appointed city treasurers, or to appointed city collectors (unless the City has designated by ordinance that the City Clerk shall also hold the office of collector). (See 65 ILCS Sec. 5/3.1-10-6) (C) Bond. Every officer and employee shall, if required by the City Council upon entering upon the duties of his office, give a bond in such amount and with such sureties as may be determined by the Council, conditioned upon the faithful performance of the duties of his office or position. (See 65 ILCS Sec. 5/3.1-10-30) (D) Books Delivered to Successor. Every officer shall, upon going out of office, deliver to his successor, all books, papers, furniture, and other things appertaining to such office, and which are the property of the City. Within five (5) days after notification and request, any person who has been an officer of a municipality is required to deliver to his successor in office, all property, books and effects in his possession belonging to the municipality, or pertaining to the office he has held. Upon his refusal to do so, he shall be liable for all damages caused thereby, and shall, upon conviction, be penalized according to the provisions of Section 1-1-20 of this Code. He shall not receive his final check until his City Code Book and keys are turned over to the City Clerk. (See 65 ILCS Sec. 5/3.1-10-35) (E) Books Open to Inspection. Every officer shall, at all times when required, submit the books and papers of his office to the inspection of the Mayor or any committee or member of the City Council. (F) Fees; Report of Fees. No officer of the municipality shall be entitled to charge or receive any fees as against the City. All officers of the City entitled to receive fees shall keep a correct account thereof, and make a report thereof under oath to the City Council prior to the regular meeting of each month. In the report, they shall specify from whom such fees were received, for what service, and when received. All fees received shall be paid over into the City Treasury. (G) Other Rules and Regulations. Every officer of the City shall perform such other duties and be subject to such other rules and regulations as the City Council may provide by law. (See 65 ILCS Sec. 5/3.1-10-40) (H) Conservators of Peace. (1) After receiving a certificate attesting to the successful completion of a training course administered by the Illinois Law Enforcement Training Standards Board, the Mayor, Aldermen and policemen in municipalities shall be conservators of the peace. Those persons and others authorized by ordinance shall have power: (a) to arrest or cause to be arrested, with or without process, all persons who break the peace or are found violating any municipal ordinance or any criminal law of the State, (b) to commit arrested persons for examination, (c) if necessary, to detain arrested persons in custody over night or Sunday in any safe place or until they can be brought before the proper court, and (d) to exercise all other powers as conservators of the peace prescribed by the corporate authorities. (2) All warrants for the violation of municipal ordinances or the State criminal law, directed to any person, may be served and executed within the limits of a municipality by any policeman of the municipality. For that purpose, policemen have all the common law and statutory powers of sheriffs. (See 65 ILCS Sec. 5/3.1-15-25) (I) Oath. Before entering upon the duties of their respective offices, all municipal officers, whether elected or appointed shall take and subscribe to 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.” The Mayor and the Clerk shall have the power to administer this oath or affirmation upon all lawful occasions. (See 65 ILCS Sec. 5/3.1-15-20) (See “Administration of Oaths”, Section 1-2-63) 1-2-23 RESIGNATION OF APPOINTED OFFICIALS. Any officer of the City may resign from office. If such officer resigns he shall continue in office until his successor has been chosen and has qualified. If there is a failure to appoint a City officer, or the person appointed fails to qualify, the person filling the office shall continue in office until his successor has been chosen and has qualified. (See 65 ILCS Sec. 5/3.1-10-50) 1-2-24 QUALIFICATIONS; ELECTIVE OFFICE. (A) A person is not eligible for an elective municipal office unless that person is a qualified elector of the municipality and has resided in the municipality at least one (1) year next preceding the election. (B) A person is not eligible for an elective municipal office if that person is in arrears in the payment of a tax or other indebtedness due to the municipality or has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony. (C) A person is not eligible for the office of Alderman unless that person has resided in the municipality, at least one (1) year next preceding the election or appointment, except as provided in 65 ILCS Sec. 5/3.1-25-75(b). (See 65 ILCS Sec. 5/3.1-10-5) 1-2-25 BONDS OF CITY OFFICERS. (A) Amount. Bonds of City officers required under Illinois Compiled Statutes, Chapter 65, Section 5/3.1-10-30 shall be executed in the following penal sums: (1) Mayor $50,000.00 (2) City Treasurer 50,000.00 (3) City Clerk 50,000.00 (Ord. No. 04-552; 09-14-04) (B) Premium Payment by City. The surety bonds required by law shall be paid by the City. (See 5 ILCS Sec. 270/1) (C) Surety. The City Council shall not receive or approve any bond or security whereon the name of the City Council, any one of the Aldermen or any elected or appointed officer of the City appear as bondsman or security. If, by mistake, a bond containing the name of any such officer is approved by the City Council or if any bondsman, after becoming such is elected or appointed to any City office, this section shall not act as a release of any such obligation incurred. 1-2-26 LIABILITY INSURANCE. (A) Purchase Of. The City Council shall have the power to purchase liability insurance covering and insuring all municipal officers, employees and elected officials; said insurance to cover incidents occurring while in the performance of their duties, which insurance may insure, cover and protect any liability which the municipal corporation, officer, employee or elected official may incur. When the insurance has been purchased, the City shall be responsible for all premiums and deductible charges called for by any valid liability insurance policy covering the municipal corporation, officer, employee or elected official. (B) Indemnification. If the City Council elects not to purchase liability insurance covering and insuring municipal officers, elected officials and employees as provided in this Section, then the City shall indemnify and cause to defend municipal officers, elected officials and employees from any claim filed by an individual, partnership or corporation when the claim is founded on any act or omission of the municipal officers, elected officials or employees while in the performance of their official duties, except the City shall not indemnify, but shall defend any municipal officer, elected official or employee from any claim made by an individual, partnership or corporation wherein the claim alleges that the municipal officer, elected official or employee acted intentionally, maliciously or wantonly and further, shall not indemnify or cause to defend the officials or employees where the claim is directly or indirectly related to the negligent care or use of a vehicle as defined by the Illinois Compiled Statutes, and the City shall not indemnify any municipal officer, elected official or employee from any claim made by a municipal officer, elected official or employee. Notwithstanding any other provisions of this Code, the City shall not indemnify or cause to defend any municipal officers, elected officials or employees if the municipal officers, elected officials or employees have liability insurance insuring the municipal officers, elected officials or employees from the alleged claim; however, the City shall indemnify the municipal officer, elected official or employee the personal deductible limits of his personal policy. (See 745 ILCS Sec. 10/2-201 et seq.) 1-2-27 BIDDING AND CONTRACT PROCEDURES. (A) Competitive Bidding Required. Any work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, and all purchases of and contracts for supplies, materials, and services shall, except as specifically provided herein, be based whenever possible on competitive bids. (B) Formal Contract Procedure. All work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, and all purchases, orders or contracts for supplies, materials, equipment or contractual services except as otherwise provided herein, when the estimated cost thereof shall exceed Ten Thousand Dollars ($10,000.00), shall be purchased from the lowest responsible bidder, after due notice inviting bids, unless competitive bidding is waived by a vote of two-thirds (2/3) of the Aldermen then holding office. (C) Notice Inviting Bids. Notice inviting bids shall be published at least once in a newspaper with general circulation within the City. The City shall also advertise all pending work or purchases by posting a notice on the public bulletin board in the City Hall. (D) Scope of Notice. The newspaper notice required herein shall include a general description of the work to be performed or the articles to be purchased, shall state where specifications may be secured, and the time and place for opening bids. (E) Bid Deposits. When deemed necessary by the City Council, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to the return of their bid deposits upon the award of the contract by the City Council. A successful bidder shall forfeit any bid deposit required by the City Council upon failure on his part to enter into a contract within ten (10) days after the award. (F) Bid Opening Procedure. (1) Sealed. Bids shall be submitted sealed to the City and shall be identified as bids on the envelope. (2) Opening. Bids shall be opened in public at the time and place stated in the public notice. (3) Tabulation. A tabulation of all bids received shall be made by the City Council or by a City employee, in which event, a tabulation of the bids shall be furnished to the City Council at its next regular meeting. (G) Rejection of Bids. The City shall have the authority to reject all bids or parts of all bids when the public interest will be served thereby. (H) Bidders in Default to City. The City shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the City. (I) Award of Contract. (1) Authority in City. The City Council shall have the authority to award contracts within the purview of this section. (2) Lowest Responsible Bidder. Contracts shall be awarded to the lowest responsible bidder on the basis of the bid that is in the best interest of the City to accept. In awarding the contract, in addition to price, the City Council shall consider: (a) The ability, capacity and skill of the bidder to perform the contract to provide the service required; (b) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; (c) The character, integrity, reputation, judgment, experience and efficiency of the bidder; (d) The quality of the performance of previous contracts or services; (e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; (f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (g) The quality, availability and adaptability of the supplies or contractual services to the particular use required; (h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; (i) The number and scope of conditions attached to the bid. (j) Whether the bidder has furnished a Certificate of Insurance indicating Worker’s Compensation and Employers’ Liability coverage and the policy limits for such coverage. (3) Performance Bonds. The City Council shall have the authority to require a performance bond, before entering into a contract, in such amounts as it shall find reasonably necessary to protect the best interests of the City. (J) Open Market Procedure. All work and purchases of supplies, materials and services of less than the estimated value of Ten Thousand Dollars ($10,000.00) shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by this section for the award of formal contracts. (K) Professional Services Exempt From Bidding Requirements. All contracts for professional services, including, but not limited to, attorneys, engineers, real estate appraisers and architects and any other profession whose ethical code involved prohibits or discourages involvement in normal bidding procedures, may be entered into by the City without observing the bidding procedures prescribed by this section for the award of formal contracts. (L) Emergency Purchases. In case of an apparent emergency which requires immediate work or purchase of supplies materials or services, the City Council shall be empowered to secure by open market procedure as herein set forth, at the lowest obtainable price, any work, supplies, materials or services regardless of the amount of the expenditure. (M) Cooperative Purchasing. The City shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the City would be served thereby. (See 65 ILCS Sec. 5/2-2-12, 8-9-1 and 8-9-2) 1-2-28 SALARIES REGULATION. (A) Elected. No salary or compensation of any elected municipal officer who is elected for a definite term of office shall be increased or diminished during such term. (B) Appointed. No salary or compensation of any appointed official who is appointed for a definite term of office shall be decreased during such term, but may be increased. (See 65 ILCS Sec. 5/3.1-50-5 and 5/3.1-50-10) EDITOR’S NOTE: The salary of appointed officials and employees may be established in the appropriation ordinance or annual budget. The salary of elected officials must be established in an ordinance other than the appropriation ordinance at least one hundred eighty (180) days before the beginning of the terms of the officers whose compensation is to be filed. 1-2-29 CLAIMS PRESENTATION. (A) Presentation. All claims against the City for goods purchased, damaged, or originating in any other way, except for claims for salaries and other allowances that are fixed by ordinance, must be presented on or before the first Monday of each month to the City Clerk. All such claims must be in writing and items shall be specified. (B) Exception. This does not prohibit the City Council from passing on any claims not previously presented to the City Clerk if, in the opinion of the Council, justice to the claimant requires it. 1-2-30 MUNICIPAL YEAR. The municipal year of the City shall begin on May 1st of each year and shall end on April 30th of the following year. (See 65 ILCS Sec. 5/1-1-2) 1-2-31 EXPENSES - REIMBURSEMENT. Any municipal officer is entitled to reimbursement for any reasonable actual expenses incurred by him in the performance of his duties. The offices of the Mayor, City Clerk and Alderman shall be entitled to reimbursement in the amount of Twenty-Five Dollars ($25.00) for each City Council meeting, special meeting called by Mayor, and finance meeting attended (attendance evidenced by answering to roll call), to defray the reasonable expense incurred by them for such attendance, for those officers in office on May 1, 1998, and thereafter. (Ord. No. 98-498; 04-14-98) (See 65 ILCS Sec. 5/3.1-50-15(B)) 1-2-32 OFFICIAL RECORDS. All official records, including the Corporate Seal, shall be kept in the City Hall. 1-2-33 FEDERAL OLD AGE AND SURVIVOR'S INSURANCE SYSTEM. (A) Eligible employees shall mean all employees of the City, eligible under the Federal Act, except persons elected to office by popular election and also the City Treasurer and City Attorney. (B) Withholdings from salaries or wages of employees for the purpose provided in sections hereof are hereby authorized to be made in the amounts and at such times as may be required by applicable State or Federal laws or regulations, and shall be paid quarterly. 1-2-34 ILLINOIS MUNICIPAL RETIREMENT FUND. (A) The City does hereby elect to participate in the Illinois Municipal Retirement Fund. (B) Special Tax. The City includes in its levy and appropriation ordinance provisions for the levying of a special tax to pay the City's cost of participating in the Retirement Fund and appropriate therefrom funds to pay the cost of participation. (C) The City Council does hereby elect to exclude from participation in the Illinois Municipal Retirement Fund all officials and employees in positions normally requiring performance of duty for less than six hundred (600) hours per year. (Ord. No. 03-540; 12-09-03) 1-2-35 CERTIFICATES OF INSURANCE. All contractors and sub-contractors doing work for the City shall first provide a Certificate of Insurance indicating Worker’s Compensation and Employers’ Liability coverage and the policy limits for such coverage. 1-2-36 - 1-2-39 RESERVED. DIVISION V - MAYOR 1-2-40 ELECTION. The Mayor shall be elected for a four (4) year term and shall serve until a successor is elected and has qualified. (See 65 ILCS Sec. 5/3.1-15-5 and 5/3.1-15-10) 1-2-41 MAYOR PRO-TEM; TEMPORARY CHAIRMAN. (A) If the Mayor is temporarily absent because of an incapacity to perform official duties, but the incapacity does not create a vacancy in the office, the corporate authorities shall elect one of their members to act as Mayor pro tem. The Mayor pro tem, during this absence or disability, shall perform the duties and possess all the rights and powers of the Mayor but shall not be entitled to vote both as Mayor pro tem and as an alderman. (B) In the absence of the Mayor, or Mayor pro tem, the corporate authorities may elect one of their members to act as a temporary chairman. The temporary chairman shall have only the powers of a presiding officer and a right to vote only in the capacity as alderman on any ordinance, resolution, or motion. (See 65 ILCS Sec. 5/3.1-35-35) 1-2-42 VACANCY. If a vacancy occurs in the office of the Mayor and there remains an unexpired portion of the term of at least twenty-eight (28) months and the vacancy occurs at least one hundred thirty (130) days before the general municipal election next scheduled under the general election law, the vacancy shall be filled at that general municipal election. The City Council shall elect one of its members as “Acting Mayor” who shall perform the duties and shall possess all the rights and powers of the Mayor until a successor to fill the vacancy has been elected and has qualified. (See 65 ILCS Sec. 5/3.1-10-50) 1-2-43 CHIEF EXECUTIVE OFFICER. The Mayor shall be the chief executive officer of the City and shall see to the enforcement of all laws and ordinances. The Mayor shall preside over the meetings of the City Council and perform such duties as may be required of him by statute or law. The Mayor shall have supervision over all of the executive officers and City employees; provided, however, his or her control is subject to the power of the City Council to prescribe the duties of various officers and employees. The Mayor shall have the power and authority at any reasonable time to inspect all books, papers and records pertaining to City affairs and kept by any officer of the City. (See 65 ILCS Sec. 5/3.1-15-10 and 3.1-35-20) 1-2-44 MAYOR’S SIGNATURE. The Mayor shall sign all City warrants, commissions, permits and licenses granted by authority of the City Council, except as otherwise provided, and such other acts and deeds as law or ordinance may require his or her official signature. The Mayor may designate another to affix his or her signature to any written instrument that requires the Mayor's signature. The Mayor must send written notice of this designation to the City Council stating: (1) the name of the person whom he or she has selected, and (2) what instrument the person will have authority to sign. A written signature of the Mayor executed by the person so designated with the signature underneath the signature of the person so designated shall be attached to the notice. The notice with the signature attached shall be recorded in the journal of the City Council and then filed with the City Clerk. When the signature of the Mayor is placed on a written instrument at the direction of the Mayor in the specified manner, the instrument, in all respects, shall be as binding on the City as if signed by the Mayor in person. (See 65 ILCS Sec. 5/3.1-35-30) 1-2-45 APPOINTMENT OF OFFICERS. (A) Appointed. At the first annual meeting in May, the Mayor shall appoint, by and with the advice and consent of the City Council, all officers of the City whose election or appointment is not otherwise provided for, and said officers shall hold their offices for the ensuing month or year, and until their respective successors are appointed and qualified. Any vacancy occurring in an appointive office shall be filled in the same manner. The Mayor shall issue a commission or certificate of appointment to all persons appointed to office in the municipality. (See 65 ILCS Secs. 5/3.1-55-5) (B) Filling Vacancies. The Mayor shall appoint, by and with the advice and consent of the City Council, all officers of the City whose appointment will not otherwise be provided for by law; and whenever a vacancy shall occur in any office, which by law or ordinance the Mayor is empowered and required to fill, the Mayor shall, at the next regular meeting of the City Council, communicate to it the name of the appointee to such office and pending the concurrence of the City Council in such appointment, the Mayor may designate some suitable person to discharge the functions of such office. (See 50 ILCS Sec. 105/2) 1-2-46 SUPERVISE CONDUCT OF OFFICERS; REMOVAL OF OFFICERS. The Mayor shall supervise the conduct of all officers of the City and see that they faithfully and efficiently discharge the duties of their respective offices. Except where otherwise provided by statute, the Mayor may remove any officer appointed by the Mayor under this Code, on any written charge, whenever the Mayor is of the opinion that the interests of the municipality demand removal. The Mayor shall report the reasons for the removal to the corporate authorities at a meeting to be held not less than five (5) days nor more than ten (10) days after the removal. If the Mayor fails or refuses to report to the corporate authorities the reasons for the removal, or if the corporate authorities by a two-thirds (2/3) vote of all members authorized by law to be elected disapprove of the removal, the officer thereupon shall be restored to the office from which the officer was removed. The vote shall be by yeas and nays, which shall be entered upon the journal of the corporate authorities. Upon restoration, the officer shall give a new bond and take a new oath of office. No officer shall be removed a second time for the same offense. (See 65 ILCS Sec. 5/3.1-35-10) 1-2-47 DESIGNATION OF OFFICERS' DUTIES. Whenever there is a dispute as to the respective duties or powers of any appointed officer of the City, this dispute shall be settled by the Mayor, after consultation with the City Attorney; and the Mayor shall have the power to delegate to any appointive officer, any duty which is to be performed when no specific officer has been directed to perform that duty. 1-2-48 FORMAL OCCASIONS. The Mayor shall act for and on behalf of the City on formal occasions and receptions, but in the absence or inability to attend any such function, the Mayor may select any other City officer to so act. 1-2-49 GENERAL DUTIES. The Mayor shall perform all the duties which are prescribed by law and shall take care that the laws and ordinances are faithfully executed. The Mayor from time to time, may and annually shall give the City Council information relative to the affairs of the City, and may recommend for their consideration such measures as he or she believes expedient. (See 65 ILCS Sec. 5/3.1-35-5) 1-2-50 BUSINESS LICENSE COMMISSIONER. The Mayor is hereby designated as License Commissioner to issue and revoke any and all business licenses as prescribed by law, with the advice and consent of the City Council. 1-2-51 LOCAL LIQUOR COMMISSIONER. The Mayor is hereby designated as Local Liquor Commissioner with all the powers to license and/or revoke any City liquor license according to State and City laws. (See 235 ILCS Sec. 5/4-2) 1-2-52 HEALTH COMMISSIONER. The Mayor is hereby declared to be Health Commissioner with all powers to abate and remove all nuisances or health hazards within the jurisdictional boundaries of the City authority as prescribed by law. 1-2-53 DECIDING VOTE - MAYOR. The Mayor shall preside at all meetings of the City Council. The Mayor shall not vote on any ordinance, resolution or motion, except: (A) Where the vote of the Aldermen has resulted in a tie; or (B) Where one-half of the Aldermen elected have voted in favor of an ordinance, resolution or motion, even though there is no tie; or (C) Where a vote greater than a majority of the corporate authorities is required by the Illinois Compiled Statutes to adopt an ordinance, resolution or motion. In each instance specified, the Mayor shall vote. Nothing in this section shall deprive an Acting Mayor or Mayor Pro-tem from voting in his or her capacity as Alderman, but he or she shall not be entitled to another vote in his or her capacity as Acting Mayor or Mayor Pro-tem. (See 65 ILCS Sec. 5/3.1-45-5) 1-2-54 - 1-2-55 RESERVED. DIVISION VI - CITY CLERK 1-2-56 ELECTED. The Clerk shall be elected at the same election as the Mayor for a four (4) year term and shall serve until a successor is elected and has qualified. (See 65 ILCS Sec. 5/3.1-15-5 and 5/3.1-30-5) 1-2-57 VACANCY. Whenever a vacancy occurs in the office of City Clerk and more than twenty-eight (28) months remain in the term and the vacancy occurs not less than one hundred thirty (130) days before the general municipal election, next scheduled under the general election law, the office shall be filled for the remainder of the term at that general municipal election. During the period from the time that the vacancy occurs until the next election of Aldermen, the Mayor shall appoint a qualified person to the office subject to the advice and consent of the City Council. (See 65 ILCS Sec. 5/3.1-10-50(B)) 1-2-58 PUBLICATION OF ORDINANCES; COUNCIL MINUTES; RECORDS. (A) Ordinances. The City Clerk shall cause all ordinances passed by the City Council and approved by the Mayor, imposing any fine, penalty, imprisonment or forfeiture, or making any appropriation to be published or printed in book or pamphlet form, published by authority of the corporate authorities, or be published at least once within thirty (30) days after passage, in one (1) or more newspapers published in the City. (See 65 ILCS Sec. 5/1-2-5) (B) Minutes; Records. The City Clerk shall attend all meetings of the City Council and shall keep in a suitable book to be styled “The Journal of the City Council,” a full and faithful record of its proceedings. The record of those proceedings shall be made available for public inspection within seven (7) days after being approved and accepted by the corporate authorities as the official minutes of their proceedings. The City Clerk shall record and properly index in a book kept for that purpose, all ordinances passed by the City Council, and at the foot of the record of each ordinance so recorded, the Clerk shall make a memorandum of the date of the passage, when published, and a memorandum of the publication of such ordinance. (See 65 ILCS Sec. 5/3.1-35-90) (C) Bonds. The Clerk shall also record in proper books for the purpose, all official bonds and note upon each bond so recorded when the same was entered of record and the book and pages where recorded. (See 65 ILCS Sec. 5/3.1-35-110) (D) Issue Notices. The Clerk shall issue and cause to be served upon all Aldermen, notices of all special meetings of the City Council; also notices to the members of the different committees of that body and all persons whose attendance may be required before any such committee, when so directed by the chairman thereof. (See 65 ILCS Sec. 5/1-2-4, 5/1-2-5 and 5/3.1-35-90) 1-2-59 DELIVERY OF PAPERS TO OFFICERS. The Clerk shall deliver to the several committees of the City Council and to the officers of this City, all petitions, communications, reports and resolutions, orders, claims and other papers referred to those committees or officers by the Council on demand therefor. The Clerk shall also, without delay, deliver to the Mayor, all ordinances or resolutions, orders and claims upon the Clerk’s charge which may require to be approved or otherwise acted upon by the Mayor. (See 65 ILCS Sec. 5/3.1-35-90) 1-2-60 PREPARATION OF DOCUMENTS, COMMISSIONS AND LICENSES. The Clerk shall prepare all commissions, licenses, permits and other official documents required to be issued by City Clerk under this Code and shall attest the same with the corporate seal, and the Clerk shall, in like manner, attest all deeds for the sale of real estate owned and conveyed by this City. 1-2-61 REPORT OF LICENSES. The Clerk shall report to the City Council at its regular meeting each month and more often if the Council so requires the data contained in the Clerk’s license register with respect to licenses issued during the previous month. 1-2-62 DELIVERY OF LICENSES. In all cases where the City requires a license to be obtained for the purpose of engaging in or carrying on any business or occupation, and the licensee is required to obtain plates, tags or stickers from the Clerk, it shall be the duty of the Clerk to deliver such plates, tags, or stickers to the Collector to process and deliver to the Collector to process and deliver to the person paying the license fee. 1-2-63 ADMINISTRATION OF OATHS. The Clerk shall have the power to administer oaths or affirmations for all lawful purposes. (See 65 ILCS Sec. 5/3.1-15-20) 1-2-64 OUTSTANDING BONDS. The Clerk shall keep in his office in a book or books kept expressly for that purpose a correct list of all the outstanding bonds of the City, showing the number and amount of each, for and to whom the bonds are issued; and when the City bonds are issued, or purchased, or paid, or cancelled, the book or books shall show that fact; and in the annual report, the Clerk shall describe particularly the bonds sold during the year and the terms of sale with each and every item of expense thereof. (See 65 ILCS Sec. 5/3.1-35-110) 1-2-65 ELECTIONS. The Clerk shall supervise City elections, provide necessary documents for elections and candidates, accept petitions and other documents from candidates, file appropriate documents with the County Clerk for City candidates, and perform al other duties necessary to carrying out City elections. 1-2-66 TREASURER’S REPORT. Upon receipt of the Treasurer’s annual account, the Clerk shall publish the account at least once in the newspaper published in the City. (Ord. No. 96-486; 10-15-96) 1-2-67 SUCCESSOR. The City Clerk shall carefully preserve all books, records, papers, maps and effects of every detail and description belonging to the City or pertaining to the office, and not in actual use and possession of other City officers; and upon the expiration of his or her official term, the Clerk shall deliver all such books, records, papers and effects to the successor in office. (See 65 ILCS Sec. 3.1-10-35) 1-2-68 PAYMENTS. The Clerk shall prepare daily an itemized list of all monies received and shall deliver a copy of the same to the City Treasurer and shall also pay over to the Treasurer all monies received in the office and take a receipt therefor. 1-2-69 NOTIFICATION TO PERSONS APPOINTED TO OFFICE. Within five (5) days after an appointment is made, the Clerk shall notify all persons appointed to office of their appointment. The office becomes vacant unless the person appointed qualifies within ten (10) days after such notice. 1-2-70 OTHER DUTIES. In addition to the foregoing duties, the Clerk shall perform all such other duties pertaining to the office as are or may be imposed upon the office by law or resolution or ordinance of the City Council. (See 65 ILCS Sec. 5/3.1-10-40) 1-2-71 SUBMIT APPROPRIATION TO CITY COUNCIL. The Clerk shall on or before the fifteenth (15th) day of May in each year, and before the annual appropriations to be made by the City Council, submit to the City Council a report of the estimates as nearly as may be of monies necessary to defray the expenses of the corporation during the current fiscal year. The Clerk shall, in said report, classify the different objects and branches of expenditures, giving as nearly as may be the amount required for each; and for the purpose of making such a report, the Clerk is hereby authorized to require of all officers their statement of the condition and expenses of their respective offices or departments with any proposed improvements, and the probable expense thereof, all contracts made and unfinished and the amount of any and all unexpended appropriations of the preceding year. The Clerk shall, in such report, show the aggregate income of the preceding fiscal year, from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts payable during the year, when due and when payable; and in such report, shall give such other information to the City Council as he or she may deem necessary to the end that the City Council may fully understand the money exigencies and demands upon the corporation for the current year. (See 65 ILCS Sec. 5/3.1-35-115) (Ord. No. 96-483; 03-12-96) 1-2-72 DEPUTY CLERK. The City Clerk, when authorized by the City Council, may appoint the Deputy Clerk who shall have the power and duty to execute all documents required by any law to be executed by the Clerk and affix the seal of the City thereto whenever required. In signing any documents, the Deputy Clerk shall sign the name of the City Clerk followed with the word, “By” and the Deputy Clerk's name and the words, “Deputy Clerk”. The powers and duties herein described shall be executed by such Deputy Clerk only in the absence of the City Clerk from the City Clerk's office in the City Hall, and only when either written direction has been given by the City Clerk to such Deputy Clerk to exercise such power or the City Council has determined by resolution that the City Clerk is temporarily or permanently incapacitated to perform such functions. (See 65 ILCS Sec. 5/3.1-30-10 and 5/3.1-10-45 and 5/3.1-35-95) DIVISION VII - CITY TREASURER 1-2-73 DEPARTMENT ESTABLISHED. There is hereby established a department of the municipal government of the City which shall be known as the “Finance Department”. It shall embrace the Finance Committee and the Treasurer. 1-2-74 FINANCE COMMITTEE. The standing committee on Finance shall exercise a general supervision over the affairs of the Finance Department. It shall ascertain the condition and needs thereof; shall, from time to time, report the same to the Mayor and City Council so that a full understanding thereof shall be had and generally, shall do all the acts necessary to promote the efficiency of the Department. 1-2-75 APPOINTMENT. The Treasurer shall be appointed by the Mayor with the advice and consent of the City Council as provided by the Revised Code of the City of Carrollton Section 1-2-46(A) and (B), said appointment to take effect with the term of office commencing May 1, 1997, for a term not to exceed four (4) years and shall serve until his successor is appointed and has qualified. If a vacancy occurs in the office, it shall be filled in the same manner as hereinabove specified. The person so appointed shall hold office for the unexpired term of the officer appointed. (Ord No. 96-486; 10-15-96) 1-2-76 MONEY; WARRANTS; ACCOUNTS; PAYMENTS. The City Treasurer shall receive all monies belonging to this City and shall pay all warrants signed by the Mayor and countersigned by the City Clerk and not otherwise; and shall keep a separate account of each fund or appropriation and the debits and credits belonging thereto. The Treasurer shall give to every person paying money into the City Treasury a receipt therefor, specifying the date of payment, and upon what account paid, and shall file copies of such receipts with the Clerk with the monthly reports. (See 65 ILCS Sec. 5/3.1-35-40) 1-2-77 WARRANT REGISTER. The Treasurer shall keep a register of all warrants redeemed and paid, showing the number, date, and amount of each, the fund from which paid, and the name of the person to whom and when paid; and the Treasurer shall cancel all warrants as soon as they are redeemed. (See 65 ILCS Sec. 5/3.1-35-40 and 5/3.1-35-45) 1-2-78 PERSONAL USE OF FUNDS. The Village Treasurer shall keep all money belonging to the Municipality and in the Treasurer's custody separate and distinct from the Treasurer's own money and shall not use, either directly or indirectly, the Municipality's monies or warrants for the personal use and benefit of the Treasurer or of any other person. Any violation of this provision shall subject the Treasurer to immediate removal from office by the corporate authorities, who may declare the Treasurer's office vacant. (See 65 ILCS Sec. 5/3.1-35-55) 1-2-79 BOND. The Treasurer shall give bond conditioned upon the faithful performance of his duties and to indemnify the City for any loss due to neglect of duty or wrongful act on his part; and the amount of such bond shall not be less than ten percent (10%) of the highest amount of taxes and special assessments received by the Treasurer during any fiscal year in the preceding five (5) fiscal years, nor less than one and one-half times the largest amount which the Council estimates will be in his custody at any one time, nor less than three (3) times the number of residents of the City, as determined by the last Federal Census. Such bond shall be filed with the Clerk as required by statute. (See 65 ILCS Sec. 5/3.1-10-45) 1-2-80 SPECIAL ASSESSMENTS. The Treasurer shall collect all payments on special assessments and shall see to it that the same are properly recorded and credited to the particular account entitled thereto. (See 65 ILCS Sec. 5/3.1-35-85) 1-2-81 BOOKKEEPING. The Treasurer shall keep the books and accounts in such a manner as to show with accuracy, all monies received and disbursed for the City, stating from whom and on what account received, and to whom and on what account paid out, and in such a way that the books and accounts may be readily investigated and understood, and the books and accounts and all files and papers of the office shall be, at all times, open to examination by the Mayor or the Finance Committee of the Council. (See 65 ILCS Sec. 5/3.1-35-40) 1-2-82 STATEMENTS. The Treasurer shall report to the corporate authorities at the regular monthly meeting, a full and detailed account of all receipts and expenditures of the municipality as shown by his books up to the time of the report. (See 65 ILCS Sec. 5/3.1-35-45) 1-2-83 REPORT DELINQUENT OFFICERS. It shall be the duty of the Treasurer to report to the City Clerk any officer of the City authorized to receive money for the use of the City who may fail to make a return of the monies received by the Treasurer at the time required by law or by ordinances of the City. 1-2-84 YEAR-END REPORT. Within six (6) months after the end of each fiscal year, the Treasurer shall prepare and file annually with the City Clerk an account of monies received and expenditures incurred during the preceding fiscal year as specified in this section. The Treasurer shall show the following in such account: (A) All monies received by the City, indicating the total amounts in the aggregate received in each account of the City, with a general statement concerning the source of such receipts; provided, however, for the purposes of this paragraph, the term “account” shall not be construed to mean each individual taxpayer, householder, licensee, utility user, or such other persons whose payments to the City are credited to the general account; and (B) Except as provided in paragraph (C) of this section all monies paid out by the City where the total amount paid during the fiscal year exceeds Two Thousand Five Hundred Dollars ($2,500.00), giving the name of each person to whom paid, on what account paid, and the total amount in the aggregate paid to each person from each account; and (C) All monies paid out by the City as compensation for personal services, giving the name of each person to whom paid, on what account paid, and the total amount in the aggregate paid to each person from each account; and (D) A summary statement of operations for all funds and account groups of the City as excerpted from the annual financial report, as filed with the appropriate state agency of the State of Illinois. Upon receipt of such account from the City Treasurer, the City Clerk shall publish the account at least once in one or more newspapers published in the City. (See 65 ILCS Sec. 5/3.1-35-65) [NOTE: The Treasurer shall file a copy of the report with the County Treasurer as provided in Sec. 5/3.1-35-70 of Chapter 65 of the Illinois Compiled Statutes.] 1-2-85 DEPOSIT OF FUNDS. (A) Designation by Council. The Treasurer is hereby required to keep all funds and monies in his or her custody belonging to the City in such places of deposit as have been designated by Section 1-2-85(F). When requested by the Treasurer, the corporate authorities shall designate a bank or banks in which may be kept the funds and monies of the City in the custody of the Treasurer. When a bank or savings and loan association has been designated as a depository, it shall continue as such depository until ten (10) days have elapsed after a new depository is designated and has qualified by furnishing the statements of resources and liabilities as required by this Section. When a new depository is designated, the corporate authorities shall notify the sureties of the Village Treasurer of that fact in writing at least five (5) days before the transfer of funds. The Treasurer shall be discharged from responsibility for all funds or money that the Treasurer deposits in a designated bank or savings and loan association while the funds and money are so deposited. (B) The Village Treasurer may require any bank or savings and loan association to deposit with the Treasurer securities or mortgages that have a market value at least equal to the amount of the funds or monies of the municipality deposited with the bank or savings and loan association that exceeds the insurance limitation provided by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. (C) The Village Treasurer may enter into agreements of any definite or indefinite term regarding the deposit, redeposit, investment, reinvestment, or withdrawal of municipal funds. (D) Each Village Treasurer may: (1) combine monies from more than one fund of a single municipality for the purpose of investing those funds and; (2) join with other municipal treasurers or municipalities for the purpose of investing the municipal funds of which the Treasurer has custody. Joint investments shall be made only in investments authorized by law for the investment of municipal funds. When monies of more than one fund of a single municipality or monies of more than one municipality are combined for investment purposes, the monies combined for that purpose shall be accounted for separately in all respects and the earnings from investments shall be separately and individually computed, recorded, and credited to the fund or municipality, as the case may be, for which the investment was acquired. (E) No bank or savings and loan association shall receive public funds as permitted by this Section unless it has complied with the requirements established by Section 6 of the Public Funds Investment Act. (See 65 ILCS Sec. 5/3.1-35-50 and 30 ILCS Sec. 235/6) (F) The following bank(s) are herewith designated as places of deposit where the Treasurer of the City is required to keep all funds and monies in his custody belonging to this municipality: (1) State Treasurer’s Investment Pool (2) Cornerstone Bank, Carrollton, IL (3) Carrollton Bank and Trust (4) Linsco/Private Ledger 1-2-86 - 1-2-87 RESERVED. DIVISION VIII - JUDICIARY 1-2-88 APPOINTMENT OF ATTORNEY. The Attorney shall be appointed by the Mayor, by and with the advise and consent of the City Council for the term of one (1) year, unless sooner removed for cause, and until a successor shall have been appointed and qualified. The Attorney shall have full charge of the law affairs of the City and shall be known as the City Attorney and shall receive an annual salary as determined by the appropriation ordinance, compensation for office services and advice, and shall receive reasonable fees for other services rendered when, in his or her judgment, or in the judgment of the Mayor or City Council, the same are necessary or are for the best interests of the City. (See 65 ILCS Sec. 5/3.1-30-5) 1-2-89 DUTIES. (A) Prosecute for City. The City Attorney shall prosecute or defend on behalf of the City in all cases in which the interests of the corporation or any officer thereof are involved; and the City Clerk shall furnish him or her with certified copies of any ordinance, bond or paper in keeping necessary to be filed or used in any suit or proceedings. (B) Preparation of Ordinances. The Attorney shall, when required, advise the City Council or any officer in all matters of law in which the interests of the corporation are involved, and shall draw such ordinances, bonds, forms and contracts, or examine and pass upon the same, as may be required by the Mayor, the City Council, or any committee thereof. (C) Judgments. The Attorney shall direct executions to be issued upon all judgments recovered in favor of the City, and shall direct their prompt service. The Attorney shall examine all the bills of the officers of courts, and of other officers of the law, and shall certify to their correctness and the liability of the City therefore. (D) Violations of Ordinances. The Attorney shall institute and prosecute an action in every case of violation of a City ordinance when instructed to do so by the Mayor or the City Council. (E) Prosecution of Suits. The Attorney shall not be required to prosecute any suit or action arising under the ordinances of the City when, upon investigation of the same, the Attorney shall become satisfied that the complaint was instituted maliciously, vexatiously, or without just cause; and shall dismiss or discontinue any such suit or proceeding upon such terms as he or she may deem just or equitable. (F) Collection of Taxes. The Attorney is hereby authorized and instructed to enforce the collection of any and all taxes and special assessments in the collection of which the City is interested and to attend all sales of real or personal property made to enforce the collection of such taxes or special assessments and to bid thereat on behalf of the City. (G) Commissions. The City Attorney shall act as the legal advisory for the Utilities Systems, for the Plan Commission, for the Zoning Board of Appeals and for all other boards and commissions hereafter established by the City Council. The Attorney shall perform all legal services as may be required for those boards and commissions. 1-2-90 - 1-2-93 RESERVED. DIVISION IX - CITY COLLECTOR 1-2-94 APPOINTMENT OF COLLECTOR. The office of the Collector is hereby established. The Collector shall be appointed by the Mayor, by and with the advice and consent of the City Council for an indefinite term not to exceed four (4) years, and until his successor shall have been appointed and qualified. The City Clerk may be appointed Collector and receive compensation for that office in addition to compensation for City Clerk for a one (1) year term effective May 1, 1996 through April 30, 1997. Effective May 1, 1997, the City Clerk shall not be appointed Collector. 1-2-95 BOND. The Collector shall give a bond to the City conditioned upon the faithful performance of his duties and to indemnify the City for any loss due to neglect of duty or wrongful action on his part in an amount determined by the City Council. 1-2-96 COLLECTOR’S SIGNATURE. In an emergency, the Collector may designate, in writing, one or more persons who shall have the authority to affix the Collector’s signature as Collector to any written instrument that is required to be signed by the Collector. When the Collector’s signature is so affixed to a written instrument at the Collector’s discretion, the instrument, in all respects, shall be as binding on the municipality as if signed by the Collector in person. When the Collector designates a person for this purpose, however, the Collector shall notify the corporate authorities to that effect and state in the notice the specific instruments the person is authorized to sign. 1-2-97 WARRANTS. The Collector shall preserve all warrants returned to the Collector, and shall keep in a suitable book, an accurate list of all warrants drawn upon the City Treasury, showing the date, number and amount of each and the name of the person in whose favor drawn. There shall be a statement of charges attached to each check drawn. All warrants drawn upon the Treasury shall be signed by the Mayor and countersigned by the Collector, and shall specify therein the particular fund or appropriation to which the same is chargeable, and the person to whom payable, and no money shall be otherwise paid than upon such warrants so drawn. 1-2-98 APPROPRIATION TO CITY COUNCIL. The Collector shall provide such information and assistance to the Clerk as is necessary to prepare the Clerk’s report to the City Council referred to in Section 1-2-64 of this Code. 1-2-99 EXAMINATION OF BOOKS, WARRANTS, AND VOUCHERS. All of the Collector’s warrants, books, and vouchers, and all papers pertaining the office, may be examined at any time by the Mayor, City Clerk, or any member or committee of the Corporate authorities. 1-2-100 REPORTS. The Collector shall make a written report to the corporate authorities, prior to each regular meeting in each month, of all warrants drawn and all money collected by the Collector, the account on which collected, or of any other official matter. Between the first (1st) and tenth (10th) of April of each year, the Collector shall file with the Clerk a statement of (1) all the money collected by the Collector during the year, (2) the particular 1-2-101 PAYROLL. The Collector shall prepare the City payroll for all persons who come under appropriations for salaries. 1-2-102 AUDIT ACCOUNTS. The Collector shall audit all accounts or claims allowed by the City Council as provided by the Ordinance and when such claims are allowed as aforesaid, the Collector shall draw a warrant in due form upon the City Treasury therefor. 1-2-103 FINANCE COMMITTEE. The Collector shall, under the direction of the Finance Committee, open and keep a complete set of books in which, among other things, shall be set forth the appropriations of the fiscal year for each distinct object and branch of expenditure, and also the receipt from each and every source of revenue so far as the Collector can ascertain the same. 1-2-104 LOCAL IMPROVEMENT ACT. The Collector shall publish the notices required under the Illinois Local Improvement Act (65 ILCS Sec. 5/9-2-1 et seq.), keep the special assessment warrant books, publish for delinquent special assessments, and send notices of such delinquencies to the County Collector, pursuant to the Illinois Local Improvement Act. 1-2-105 OTHER DUTIES. In addition to the foregoing duties, the Collector shall perform all other duties pertaining to the office as are or may be required by law or ordinance. 1-2-106 - 1-2-107 RESERVED. DIVISION X - CITY ENGINEER 1-2-108 APPOINTMENT. With the advice and consent of the City Council, the Mayor may appoint an engineer for the City, who shall serve for the term of the Mayor or for such period not exceeding the term of the Mayor, as may be designated by the Mayor and City Council. 1-2-109 DUTIES - SALARY. The City Engineer shall make and submit plans, estimates and specifications for any public work which may be proposed or ordered by the City Council. The Engineer shall also examine all public works under his or her charge and see that the plans, estimates and specifications for the same are properly executed. The Engineer shall also receive a salary as established in the annual budget. 1-2-110 - 1-2-111 RESERVED. DIVISION XI - DIRECTOR OF PUBLIC WORKS 1-2-112 OFFICE CREATED. There is hereby created the office of Director of Public Works, an executive office of the City. He shall supervise the superintendents of the Water and Sewer Departments. 1-2-113 APPOINTMENT. The Director shall be appointed by the Mayor, by and with the advice and consent of the City Council. 1-2-114 DUTIES AND RESPONSIBILITIES. (A) Streets. The Director shall be charged with the duty of keeping the streets and alleys of the City clean and free from obstructions. He shall see that the streets are properly graded and that the drains thereto are free and unobstructed; and shall perform such other duties as may be provided or required by the City Council. The Superintendent shall be responsible for enforcing the applicable provisions of Chapter 33 of this Code. (B) Water Department. The Director shall have charge and custody of all physical property of the Water Department not assigned to some other officer or employee, other than records. He shall have charge of the operation and maintenance of the water system. He shall be responsible for the enforcement of the provisions in Chapter 38 of this Code pertaining to the water system. (C) Sewer Department. The Director shall be responsible for the general supervision of the Sewer System. He shall supervise and assign jobs to all employees in the department. He shall have the duty to operate and maintain the sewer system in a manner that complies with this Code (Chapter 38) and state regulations. He shall enforce all provisions of the Sewer Code found in Chapter 38 of this Code. 1-2-115 ORDINANCE VIOLATION. The Director shall report to the City Council any ordinance violation with relation to the care of use of the streets, alleys, sidewalks. ARTICLE III – WARDS 1-3-1 CITY WARDS ESTABLISHED. The City shall be divided into the following three wards: (A) Ward I. All that territory west of the east section lines of Sections 22 and 27 and south of the corporate limits line west of Sections 15 and 22. (B) Ward II. All of that territory north of the alley running east and west south of Main St., and east of Section 23’s west section line plus the area east of North 6th St. north of the I.C.G.R.R. right-of-way. (C) Ward III. All of that territory south of the alley running east and west (south of E. Main St.) and east of the west section line of Sections 23 and 26. ARTICLE IV - MANAGEMENT ASSOCIATION 1-4-1 PARTICIPATION. The City Council does hereby authorize and approve membership in the Illinois Municipal League Risk Management Association and directs the Mayor and Clerk to execute an Intergovernmental Cooperation Contract with the Illinois Municipal League Risk Management Association for membership for a period of one (1) year beginning the date the Association commences providing risk coverage to its members and each year thereafter unless this ordinance is repealed. 1-4-2 CONTRIBUTION. Each member hereby agrees to contribute to the Association a sum of money to be determined by the Association at the time of application based on the needs of the Association and the loss experience of the Member, which sum shall constitute the cost of the Member's first year contribution for membership in the Association. Membership contributions for second and subsequent years shall be calculated in accordance with the loss experience of the City, and the needs of the Association including total losses and expenditures of the Self-Insured Retention Fund of the Association. (Ord. No. 90-453; 1990) ARTICLE V – FINANCE DIVISION I – OFFICIAL SALARIES 1-5-1 SALARIES OF CITY OFFICIALS. The annual salaries of the elected and appointed officials shall be as follows for those officials taking office on May 1, 1997, and thereafter, to-wit: (A) Mayor. $4,800.00 per year (B) City Clerk. 3,000.00 per year (C) Aldermen. 900.00 per year as set from time to time by the City Council in the annual appropriation ordinance. 1-5-2 RESERVED. (See 65 ILCS Sec. 5/3.1-50-5; 5/3.1-50-10; 5/3.1-50-15) [ED. NOTE: The salaries of elected officials who hold elective office for a definite term shall neither be increased nor diminished during that term and shall be fixed at least one hundred eighty (180) days before the beginning of the terms of the officers whose compensation is to be filed. The ordinance fixing compensation for members of the corporate authorities shall specify whether those members are to be compensated (i) at an annual rate or, (ii) for each meeting of the corporate authorities actually attended if public notice of the meeting was given.] DIVISION II – GIFT BAN CODE 1-5-3 GENERAL POLICY. It is the policy of the City to comply with the State’s Gift Ban Act through the promulgation of this Division. Neither the Open Meetings Act nor the Freedom of Information Act of Illinois, or any policies of this City in furtherance of those Acts shall be applicable to proceedings, meetings or documents involved here, which are exempt therefrom. 1-5-4 EXEMPTION. Due to the high costs of compliance for uncompensated and nonsalaried, appointed and/or elected members of Boards and Committees of the City, and given that the experience of gifts of any kind or value to them is virtually non-existent and certainly has not been a source of improper action, influence or effect in this City, it is the Policy to exempt all non-salaried appointed or elected officials of the City from this Article and the State Act, as permitted by that Act. 1-5-5 DEFINITIONS. The terms “gift”, “prohibited source”, and “employee” whether used in the singular or plural form and as used in this Policy, have the meaning as defined in the State’s Gift Ban Act. 1-5-6 PROHIBITED GIFTS. The solicitation and acceptance of any “gifts”, from any “prohibited source”, are banned and prohibited for all City employees except as provided in the following section of this Article. 1-5-7 EXCEPTIONAL GIFTS. The restrictions in the foregoing section do not apply to the following: (A) Anything for which the employee pays market value or anything not used and promptly returned to the donor or given to an appropriate charity; (B) A contribution, lawfully made under the Election Code or attendance at a fundraising event sponsored by a political organization; (C) A gift from a relative as defined in the State Act; (D) Anything provided by an individual on the basis of a personal friendship, unless there is reason to believe that under the circumstances the gift was provided because of the employee’s position and not because of personal friendship; (E) A commercially reasonable loan evidenced in writing with repayment due by a date certain made in the ordinary course of the lender’s business; (F) Payments to a legal defense fund established for the employee that is otherwise lawfully made; (G) Intra-office and inter-office gifts meaning any gifts from an employee of the City to an employee of the City; (H) Food, refreshments, lodging, transportation and other benefits resulting from outside business or employment activities if they have not been enhanced by the position of employment with the City and are customarily provided to others in similar circumstances or in connection with bona fide employment discussions by a prospective employer, or provided in connection with a fundraising or campaign event sponsored by the organization; (I) Pension and other benefits resulting from the continued participation in an employee welfare and benefits plan maintained by a former employer; (J) Informational materials sent to the employee in the form of books, articles, periodicals, other written materials, audio tapes, video tapes, or other forms of communications; (K) Awards or prizes that are given to competitors in contests or events open to the public, including random drawings; (L) Honorary degrees (and associated travel, food, refreshments and entertainment provided in the presentation of degrees and awards); (M) Training (including food and refreshments furnished to all attendees as an integral part of the training) if the training is in the interest of the City; (N) Educational missions, including meetings with government officials intended to educate them on matters of public policy; (O) Bequests, inheritances and other transfers at death; (P) Anything that is paid for by the federal government, the City or secured by the government under a government contract; (Q) A gift of personal hospitality of an individual other than a registered lobbyist or foreign principal including hospitality extended for a non-business purpose by an individual at their personal residence or facilities owned by that individual or the individual’s family; (R) Free attendance at a widely attended event permitted under paragraph (X) below; (S) Opportunities and benefits that are available to the public or to all employees whether or not geographically restricted, offered to a class of members which is unrelated to employment or official positions, offered to members such as an employees’ association or credit union, offered to a group that is not defined in a manner that specifically discriminates on the basis of branch of government or type of responsibility or on the basis that favors those of higher rank or pay, in the form of loans on terms generally available to the public or in the form of reduced membership or other fees for participation in organization activities offered to all government employees; (T) A plaque, trophy or other item that is substantially commemorative in nature and that is extended for presentation; (U) Golf or tennis, food or refreshments of nominal value and catered food or refreshments, meals or beverages consumed on the premises from which they were purchased; (V) Donations or products from an Illinois company that are intended primarily for promotional purposes and are of minimal value; (W) An item of nominal value such as a greeting card, baseball cap or T-shirt. (X) Attendance at Events. An employee may accept an offer of free attendance at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event provided by the sponsor of the event if the employee participates as a speaker or panel participant or by performing a ceremonial function appropriate to their employment or position or attendance at the event is appropriate to the performance of civic affairs in Illinois or the official duties of the employee. The acceptance of a sponsor’s unsolicited offer of free attendance at such an event may include an accompanying individual. An employee may accept a sponsor’s unsolicited offer of free attendance at a charity event except reimbursement for transportation and lodging may not be accepted in connection with the event. This “free attendance” may include waivers of all fees and unless otherwise stated the provision of transportation, food, refreshments, entertainment and instruction materials but does not include entertainment collateral to the event or food or refreshments taken other than in the group setting with substantially all of the attendees except as permitted under paragraph (U) above. 1-5-8 ENFORCEMENT. Any employee who violates this policy shall be subject to termination or other discipline, including but not limited to suspension (with or without compensation) of employment for a stated term, a requirement to reimburse, return or turnover of any prohibited gift as directed by the City Council. 1-5-9 ETHICS OFFICER. The Mayor shall designate an Ethics Officer for the City who shall review Statements of Economic Interests and disclosure forms for members, officers and employees of the City before they are filed and provide guidance to members, officers and employees in the interpretation and implementation of the State Gift Ban Act. 1-5-10 STATE OFFICIALS AND EMPLOYEES ETHICS ACT. (A) The regulations of Sections 5-15 (5 ILCS 430/5-15) and Article 10 (5 ILCS 430/10-10 through 10-40) of the State Officials and Employees Ethics Act, 5 ILCS 430/1-1 et seq., (hereinafter referred to as the “Act” in this Section) are hereby adopted by reference and made applicable to the officers and employees of the City to the extent required by 5 ILCS 430/70-5. (B) The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Aft, by any officer or any employee of the City, is hereby prohibited. (C) The offering or making of gifts prohibited to be offered or made to an officer or employee of the City under the Act, is hereby prohibited. (D) The participation in political activities prohibited under the Act, by any officer or employee of the City, is hereby prohibited. (E) For purposes of this Section, the terms “officer” and “employee” shall be defined as set forth in 5 ILCS 430/70-5(c). (F) The penalties for violations of this Section shall be the same as those penalties set forth in 5 ILCS 430/50-5 for similar violations of the Act. (G) This Section does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of City officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this Section, however, the provisions of this Section shall prevail in accordance with the provisions of 5 ILCS 430/70-5(a). (H) Any amendment to the Act that becomes effective after the effective date of this Section shall be incorporated into this Section by reference and shall be applicable to the solicitation, acceptance, offering and making of gifts and to prohibited political activities. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Section by reference without formal action by the corporate authorities of the City. (I) If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this Section shall be repealed as of the date that the Illinois Supreme Court’s decision becomes final and not subject to any further appeals or rehearings. This Section shall be deemed repealed without further action by the Corporate Authorities of the City if the Act is found unconstitutional by the Illinois Supreme Court. (J) If the Illinois Supreme Court declares part of the Act unconstitutional but upholds the constitutionality of the remainder of the Act, or does not address the remainder of the Act, then the remainder of the Act as adopted by this Section shall remain in full force and effect; however, that part of this Section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the Corporate Authorities of the City. (Ord. No. 04-548; 09-17-04) (Ord. No. 99-502; 04/14/99) DIVISION III – INVESTMENT POLICY 1-5-11 PURPOSE AND SCOPE. The purpose of this policy statement is to outline the responsibilities, general objectives, and specific guidelines for management of public funds by the City. Its scope includes all public funds of the City. 1-5-12 RESPONSIBILITIES. All investment policies and procedures of the City will be in accordance with Illinois Law. The authority of the City Council to control and invest public funds is defined in the Illinois Public Funds Investment Act and the investments permitted are described therein. Administration and execution of these policies are the responsibility of the City Collector who is hereby designated as the “Chief Investment Officer” of the City acting under the authority of the City Council. 1-5-13 DELEGATION OF AUTHORITY. Management and administrative responsibility for the investment program is hereby delegated to the Chief Investment Officer. The Chief Investment Officer, and by designation, the Mayor, is responsible for establishing internal controls and written procedures for the operation of the investment program. 1-5-14 “PRUDENT PERSON” STANDARD. All City investment activities shall use a “prudent person” standard of care. This standard shall be applied in the context of managing an overall portfolio and specifies that investments shall be made with judgment 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. Investment officers, acting in accordance with this Policy and the written procedures of the City, and exercising due diligence, shall be relieved of personal responsibility for a security’s credit risk or market price/value changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 1-5-15 OBJECTIVES. In selecting financial institutions and investment instruments to be used, the following general objectives should be considered in the priority listed: (A) Legality. Conforming with all legal requirements. (B) Safety. Preserving capital and including diversification appropriate to the nature and amount of the funds. (C) Liquidity. Maintaining sufficient liquidity to meet current obligations and those reasonably to be anticipated. (D) Yield. Attaining a market rate of return on investments. (E) Simplicity of management. 1-5-16 GUIDELINES. The following guidelines should be used to meet the general investment objectives: (A) Legality and Safety. (1) Investments will be made only in securities guaranteed by the U.S. government, or in FDIC insured institutions including SAIF of the FDIC. Deposit accounts in banks or savings and loan institutions will not exceed the amount insured by FDIC coverage (unless adequately collateralized pursuant to Regulations of the Federal Reserve regarding custody and safekeeping of collateral). (2) Authorized investments include and will primarily consist of: Certificates of Deposit, Treasury Bills and other securities guaranteed by the U.S. Government, participation in the State of Illinois Public Treasurer’s Investment Pool and any other investments allowed under State law that satisfy the investment objectives of the City. (B) Liquidity. In general, investments should be managed to meet liquidity needs for the current month plus one (1) month (based on forecasted needs) and any reasonably anticipated special needs. (C) Yield-Return on Investment. Within the constraints on Illinois law, considerations of safety, and this investment policy, every effort should be made to maximize return on investments made. All available funds will be placed in investments or kept in interest bearing deposit accounts. (D) Simplicity of Management. The time required by the City Council to manage investments shall be kept to a minimum. 1-5-17 REPORTING. Investments, fund balances and the status of such accounts will be reported at each regularly scheduled meeting of the City Council and shall at least quarterly include information regarding securities in the portfolio by class or type, book value, income earned, and market value as of the report date. At least annually, the Chief Investment Officer shall review this Policy for any needed modifications and report to the City Council on the investment portfolio, its effectiveness in meeting the City’s need for safety, liquidity, rate of return, diversification and general performance. These reports will be available to the general public upon request. 1-5-18 INTERNAL CONTROLS. In addition to these guidelines, the Chief Investment Officer shall establish a system of internal controls and written operational procedures designed to prevent loss, theft or misuse of funds. 1-5-19 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS. Any investment advisors, money managers and financial institutions shall be considered and authorized only by the action of the City Council upon the recommendation of the Chief Investment Officer. The Chief Investment Officer will maintain a list of financial dealers and institutions authorized to provide investment service. 1-5-20 CONFLICTS OF INTEREST. Officers and employees involved in the investment process shall refrain from personal business activities that might conflict with the proper execution and management of this investment program, or that could impair their ability to make impartial decisions, or that could give the appearance of impropriety. 1-5-21 RESERVED. (Ord. No. 99-507; 1999) DIVISION III – CITY FUNDS POLICY 1-5-22 FUNDS SOURCE. All actions of the City Council, whether by motion, resolution or ordinance, for the purchase of materials, supplies, equipment, fixtures, or land, or, for the letting of any contract for service, maintenance, repair or improvement, or for the expenditure, transfer, donation or distribution of municipal funds, relative to the above, exceeding the sum of One Thousand Dollars ($1,000.00), shall require, as part of the motion, resolution, or ordinance, identification of the fund or funds source from which the expenditure shall be made, specification of the date or dates for which such purchase, expenditure, donation or transfer shall be made, and, both a preliminary reading and approval and a second or final reading and approval, to be made not sooner than the next regular Council meeting to follow, prior to becoming final. 1-5-23 CITY COLLECTOR’S REPORT. All actions of the City Council for the purchase, expenditure, transfer, donation or distribution of funds as specified in Section 1-5-22 hereof, as preliminary read and approved shall be presented to the City Collector who shall prepare a report to be presented to the next regularly scheduled Finance Committee meeting identifying the fund or funds available for such expenditures, the first date of availability of such funds, any special restrictions in use of funds, or, the necessity of transfers of funds or liquidation of investments anticipated to be required to meet the financial requirements of the action and any recommendation of the Collector regarding payment. 1-5-24 FINANCE COMMITTEE’S RECOMMENDATION. Prior to the second reading and final approval of all such actions as specified in Section 1-5-22 hereof, the Finance Committee shall make such recommendations concerning adoption, amendment or withdrawal of the action, accompanied by the report of the City Collector, as the Committee shall determine in the best interest of the City. 1-5-25 FINAL APPROVAL BY COUNCIL. Upon such second reading and final approval as provided herein, the action shall take effect on the date specified therein. 1-5-26 EMERGENCY APPROVAL. In the event of a disaster, major breakdown of machinery, equipment, or other emergency, requiring the immediate purchase of equipment or machinery or expenditure of money for repairs, the City Council may by a three-fourths (3/4) majority vote, override the requirements of this Division hereof, and adopt immediate emergency relief. 1-5-27 REIMBURSEMENT OF FUND TRANSFER. All actions to transfer funds from the City general corporate account to other Boards or funds of the City shall be upon an emergency basis only, and, shall specify the terms for repayment or reimbursement of the general corporate fund by such Boards or funds, except for fund transfers required by existing contracts, ordinances and made in the ordinary course of business. 1-5-28 APPROVAL REQUIRED FOR TRANSFERS. All investments of the City and of the various Boards of the City shall be made, liquidated or transferred after approval by the governing Board and presentation to the City Finance Committee for recommendation to and approval by the City Council prior to final action. (Ord. No. 99-503; 04-29-99)