G-32 - 02/20/1962 - TAXI LICENSE - Ordinances JEB:Kt,_ 2-19-62 9 cc. ftECsS 10ft-
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AN ORDINANCE REGULATING A]IvD LICENSING
PUBLIC PASSENGER VEHICLES WITHIN THE
VILLAGE OF OAKBROOK, DU PAGE COUNTY,
ILLINOIS
BE IT ORDAINED by the President and the Board of Trustees
of the Village of Oakbrook, DuPage County, Illinois :
Section 1. Definitions. For the purpose of this ordinance
the words and terms given below shall have, respectively, the follow-
ing meanings :
Public Passenger Vehicle. Any motor vehicle or other
vehicle not operated on fixed rails , which is designed and used,
upon the streets of the Village for the transportation of
passengers for hire (except vehicles the use of which is sub-
ject to State regulation as a public utility) .
Taximeter. Any instrument or device which records
and indicates a charge or fare measured by distance traveled,
waiting time and. extra passengers.
Taxicab. Any public passenger vehicle, equipped with
a taximeter, having a rated seating capacity of not more than
seven persons.
Livery Car or Livery Automobile. Any public passenger
vehicle, other than. a sightseeing car, used for the transporta-
tion of passengers for hire by individual contract, on a trip
or hourly basis.
Sightseeing, Car. A. public passenger vehicle of rated
seating capacity of more than five persons designed to carry
passengers from a fixed locality to points of interest or to
special destinations in the Village.
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Owner. Any person having legal title to a vehicle
or, whether under conditional sale or otherwise, having the
immediate right of possession and control.
Operator. Any person having the management or control
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of the operations of a public passenger vehicle.
Driver or Chauffeur. Any person who is in actual
physical control of a vehicle.
Section 2, License--Issue--Term. No owner of a public
passenger vehicle shall operate the same or permit the same to be
operated by picking up any passenger for hire within the Village,
unless such vehicle be licensed as hereinafter provide6.
Upon approval of application therefor as hereinbelow
provided and payment of the prescribed license fee, a license shall
be issued by the clerk to the owner of a public passenger vehicle
authorizing him to operate the same in the Village. All owners '
licenses shall expire on the 30th day of April following the date.
of issue.
Section 3. Licenses--Fees. The annual owner' s license
fee for each public passenger vehicle shall be as follows :
Initial five taxicabs of one owner. . . . . . . . . . . . . . . . . .$150.00
Each additional taxicab of one owner. . . . . . . . . . 30.00
Initial livery car of one owner. . . . . . . . . . . . . . . . . . . . . 30.00
Second livery car of one owner. . . . . . . . . . . . . . . . . . . . . . 30.00
Each additional livery car of one owner. . . . . . . . . . . . . 30.00
Sightseeing . . . . . . . . . . . . . . . 30.00
Section 4. License—Application. Application for license
shall be sworn to and shall be filed by the owner with the Village
Clerk on blank forms to be furnished by the Clerk. The application
shall contain (a) the full name and address of the applicant, (b) the
nature of his ownership, whether absolute, conditional or as lessee,
(c) the number of vehicles for which license is desired, (d) a
description of each vehicle, including the make or manufacturer' s
name, the seating capacity, and the motor serial number (if a motor
vehicle) , (e) the number of drivers to be employed, and (f) such
other information as the Board. may prescribe.
Section S. Public Convenience and Necessity—Declaration.
Hearing. No public passenger vehicle license shall
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be issued to new orners or operators of public passenger
vehicles unless the Board , after a hearing, shall , by
resolution, declare that public convenience and necessity
require additional public vehicle service of the character
offered. Provided, that such declaration of public con-
venience and necessity shall not be necessary for (a) the
licensing of the same number of public passenger vehicles
already licensed for operation and ope rated by the
applicant under the same name and colors, or the renewal
of the same number of licenses annually thereafter, or
(b) the renewal of a license previously issued to said
vehicle, or (c) upon transfer to permit replacement of a
vehicle for one already licensed.
Tests. In determining whether public convenience
and necessity require the licensing of public passenger
vehicles for which application has been made, the Board.
shall take into consideration: The demand for such services ,
the effect on traffic congestion, whether the safe use of
the streets for vehicular and pedestrian traffic will be
impaired, the financial responsibility of the applicant ,
the schedule of the maximum rates proposed to be charged,
the wages or other compensation. to be paid to or received
by the driver or chauffeur of such vehicle, the color
scheme and character of equipment, and any other facts
which the Board may deem relevant. To this end the Board
may require the applicant to furnish such additional
information as it may deem necessary.
Declaration, Notice. If the Board finds from the
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inspection and hearing and declares that public convenience and
necessity justify the operation of the vehicle for which license
is desired , it shall notify the applicant thereof and refer the
application. to the Chief of Police; if the Board finds and declares
to the contrary it shall forthwith notify the applicant thereof.
Section 6: Examination of Applicant. The Chief of Police,
upon receipt of the application. for a public passenger vehicle license ,
shall , in person or by some police officer designated by him, examine
the applicant as to (a) the truth of the statements made in such appli-
cation, (b) the applicant ' s knowledge of the provisions of this
ordinance, of the traffic code, and of the geography of the Village,
and (c) the ability of the applicant to comply with the provisions
of this ordinance. No license shall be issued to an applicant if
the results of said examination are unsatisfactory in any respect ,
nor to an applicant who makes a false statement in his application..
After said examination and the inspection required by this ordinance
the Chief of Police shall endorse on the application. his recommendation
as to whether or not the license shall be issued and shall forward the
application to the Board of Trustees. The Board shall determine
whether the applicant is entitled to a license under the provisions
of this ordinance. No license shall be issued unless such approval
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Section 7 : Inspection Before Licensing. No public
passenger vehicle shall be licensed until it has been inspected, as
provided in Section 11, and approved by the Chief of Police, and.
found to be in safe condition for the transportation of passengers ,
clean, of good appearance, well painted, the taximeter, if any,
functioning properly, and in full compliance with the provisions
of this ordinance.
Section 5 : Insurance--Bonds. Before any application for
license or for renewal of a license to operate a public passenger
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vehicle shall be approved, the applicant shall furnish and deposit
with the Board the following :
(1) A certificate from the Secretary of State of
Illinois showing compliance by the licensee, for such vehicle,
with the provisions of the statutes of the State of Illinois
now or hereafter in force relating to the bonding or insuring
of motor vehicles used for the carriage of passengers for hire.
(2) A duplicate policy or certificate of insurance
for such vehicle, issued by a solvent and responsible insurance
company, to be approved by the Board, conditioned for payment
by the licensee or the driver of such public passenger vehicle
of all final judgments recovered against such licensee or
driver for any injury to or death of any person resulting from
the negligence of such licensee, his or its agents, or such
driver, in the operation. of such vehicle, in the sum of Fifty
Thousand and No/100ths ($50,000.00) Dollars for death or
injury to one person and One Hundred Thousand and No/100ths
($100,000.00) Dollars for injury to or death of more than one
person caused by a single accident.
(3) A duplicate policy or certificate of insurance
for each vehicle, issued by a solvent and responsible insurance
company, to be approved by the Board , conditioned for payment
by such licensee or driver of all final judgments recovered
against such licensee or driver for any property damage result-
ing from the negligence of such licensee, his or its agent , or
of such driver, in the operation of such taxicab, in the sum of
Twenty-Five Thousand and No/100ths ($25,000.00) Dollars for
each accident.
Each such duplicate policy or certificate of insurance
herein required shall provide for payment and satisfaction of any
final judgment rendered as aforesaid, and shall provide that suit
may be brought in any court of competent jurisdiction upon such
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insurance policy by the owner of any such judgment , shall contain a
description of each motor vehicle, giving the manufacturer' s name,
the serial number and the State license number, and shall also provide
that said. insurance policy cannot be cancelled by the company issuing
the same without giving ten, days ' notice in writing of such cancella-
tion to the Village President either personally or by registered mail.
In lieu of the duplicate policies or certificates of
insurance hereinabove provided for, the licensee may furnish bonds
with solvent and responsible surety companies authorized to do busi-
ness under the laws of this State as sureties thereon, or individual
bonds with one or more personal sureties owning real estate in the
State of Illinois of the value, over and above all incumbrances,
aggregating One hundred Thousand and No/100ths ($100,000.00) Dollars ,
if offered in lieu of the personal injury and death insurance herein-
above provided for, or Twenty-Five Thousand and No/100ths ($25,000.00)
Dollars if offered in lieu of the property damage insurance herein-
above provided for, to be approved by said Board of Trustees, the
bonds with personal sureties to be accompanied by affidavits by
each of such sureties , attached to said bonds , stating the location.,
legal description, market value, nature, the amount of incumbrances,
if any, and the value, above all incumbrances , of real estate
scheduled to qualify on such bonds.
Said bonds shall be for the same amounts and shall contain
the same conditions for payment and all other provisions and conditions
hereinabove required for insurance policies and certificates ; they
shall also, by express terms , be a lien for the benefit of the
beneficiaries thereof on the real estate so scheduled., and shall
be recorded in the office of the Recorder of Deeds in each county
in which any of such real estate is located.
The licensee shall at all times maintain the full insurance
or bond coverage hereinabove provided.
The president shall revoke any license issued with respect
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to any public passenger vehicle found not to comply with the provisions
of this section.; and, if, at any time, in the judgment of the Board ,
said policies or certificates of insurance or said bonds, for any
good cause, are not sufficient, it may require replacement thereof
with other good and sufficient policies or certificates of insurance
or with bonds , in accordance with the provisions of this ordinance.
Section 9 : License Card. Upon approval of the application
for license of a public passenger vehicle , a license card shall be
delivered to the owner, of such size and form as the Board shall pre-
scribe. The card shall contain the name of the owner and the official
license number of the vehicle and the license year for which it is
issued; it shall be signed by the President and attested by the Clerk,
and shall contain blank spaces upon which entry shall be made of the
date of every inspection of the vehicle.
Section 10: Condition of Vehicles . All vehicles licensed
under this ordinance shall be kept in a safe, clean and sanitary
condition, and equipped with properly working brakes, lights and
warning signals, in accordance with the motor vehicle laws of the
State of Illinois and the provisions of this ordinance, and no
license shall be issued for the operation of any public passenger
vehicle hereunder until it is shown. to be in good mechanical
condition. The name of the person, firm or corporation owning a
taxicab shall be plainly painted in a conspicuous place on both
sides of such vehicle or vehicles in letters at least two inches high.
If any licensee operates more than one such taxicab, each vehicle shall
be numbered with figures not less than two inches high, and no two
vehicles of the same owner shall bear the same number. All names
and numbers herein. provided shall be of such color and type as to be
legible to one of normal eyesight at a minimum distance of twenty-five
feet.
Section. 11 : Inspection--Tests. Every owner of a public
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passenger vehicle shall submit it to the Chief of Police for inspec-
tion at least once every six months, and at any time upon complaint.
On every inspection, whether before or after license issued,
physical inspection shall be made by the Chief of Police or some quali-
fied person designated by him, including the following items : Condition
of tires , including spare tire, cleanliness , general appearance, ac-
commodation for passengers , condition and. accuracy of taximeter, if
any. Mechanical tests shall also be made by the Chief of Police or
a testing garage or testing station approved by him, including
examination and testing of brakes, wheel alignment, horn, windshield
wiper, rear view mirror, steering mechanism, head lights , tail light
and stop light , costs of such inspection to be borne by applicant.
If the tests are not satisfactory the vehicle shall be
condemned. No owner or person in charge of such vehicle shall use
it or permit it to be used in public passenger service until it has
been repaired or reconditioned to the satisfaction of the Chief of
Police.
All decisions of the Chief of Police are subject to review
and reversal by the Board of Trustees.
Section 12 : Revocation of License. The President shall
revoke or suspend the license of any person. owning or operating any
public passenger vehicle which is not in. a safe condition, or which
does not comply with the requirements of this ordinance as to
physical condition and mechanical operation. Licenses , when so
suspended or revoked, shall not be re-issued or reinstated until
such vehicle and its equipment have been put in fit condition, for
use by the public.
Section 13: Taximeters. Every taxicab operated in the
Village shall be equipped with a taximeter of a size and design
approved by the Board. The driver of a taxicab, at the termination
of his trip, shall throw the flag to the non-recording position
on. the taximeter and call the passenger' s attention to the fare
registered . The taximeter shall not be changed until the fare has
been paid or a charge ticket therefor made out and delivered to the
person hiring such taxicab. Any person shall be entitled, upon
request, to a receipt for the fare paid.
The taximeter shall be placed in the taxicab so as to be
readily visible to passengers and shall be maintained in good
operative condition at all times. It shall be tested for accuracy
at least once every six months, and at any time upon complaint, by
the Chief of Police or some police officer designated by him, who
shall test it by checking its registration over a course of known
land and by checking its time registration. Errors in distance or
time registration shall be corrected and upon, correction the taximeter
shall be sealed. No person other than a police officer shall change
or tamper with the taximeter or the seal thereof. No person shall
transfer a taximeter to any other taxicab than the one in which it
is installed unless a new inspection and certification thereof is
made.
Flags. each taximeter shall be provided with a flag at least
three by two inches in size, either painted red or bearing thereon in
letters at least one inch high the word "Vacant" or the words "For
Hire.' The flag post of such flag shall be kept up or towards a
vertical position when the taxicab is for hire and shall be immediately
pulled down and kept in a horizontal or lowered position at all times
that such taxicab is engaged in the transportation of passengers for
hire.
Section 14; Register of Vehicles. The clerk shall keep a
register showing the name of each person owning or operating a vehicle
licensed under this ordinance, together with the license number, the
date , the description, size and capacity of the vehicle and a record,
with dates, of all inspections made. Such records shall be open to
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inspection by the public and shall be public records.
Section 15 : Regular Ooeration--Penalty. The owner or
operator to whom such a license has been issued by the Board shall
regularly operate his licensed public passenger vehicles during each
day of the license year to the extent reasonably necessary to meet
the public demands for such public vehicle service. if such owner
or operator shall discontinue the operation. of such vehicle for ten
consecutive days, without reasonable cause, the Chief of Police may
give him written notice to resume such service; if the same is not
resumed and restored within five days after such notice, the Chief
of Police may recommend to the Board of Trustees that the license
of such owner or operator be revoked and the Board, in its discretion.,
may revoke the same.
Section 16 : Livery Cars. (a) No person operating or
driving a livery car shall stand or park in a taxicab stand, nor
solicit passengers in. the streets , nor accept passengers for any
trip without previous engagement made through the garage or office
from which such vehicle is operated.
(b) No name, number or advertisement of any kind., except-
ing official license emblems or plates, shall be painted or carried
on the outside of any livery car having a seating capacity of less
than, eight persons; nor shall the owner of such vehicle or of the
place where it is kept use or display the word "cab, " "taxi" or
"taxicab" in connection with or as part of his or its name.
Section 17 : Driver' s License--Application. No person
shall act as driver of a public passenger vehicle required to be
licensed by the terms hereof without being licensed so to do. Each
applicant for a driver' s license shall be (a) of the age of twenty-one
years or over, (b) of sound physique, with good eyesight, and not
subject to epilepsy, vertigo, heart trouble, or any other infirmity
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of body or mind which might render him unfit for the safe operation
of a public vehicle, (c) able to read and write the English language,
(d) clean in dress and person and not addicted to the use of intoxicat-
ing liquors , (e) a citizen of the United States , or having declared
his intention to become a citizen.
Such applicant shall file with the Clerk, on a blank form
to be provided by the Clerk, a statement giving his full name,
residence, places of residence for five years previous to moving to
his present address , age, color, height, color of eyes and hair,
place of birth, whether a citizen of the United States, places of
previous employment , whether married or single, whether he has ever
been convicted of a felony or a misdemeanor, whether he has previously
been licensed as a driver or chauffeur, and if so, whether his license
has ever been. revoked and for what cause. This statement shall be
signed and sworn to by the applicant and filed with the Board as a
permanent record.
The applicant shall furnish statements of his good character
from two reputable citizens of the County of DuPage, who shall certify
that they have known him personally and have observed his conduct
during one year next preceding the date of his application. He shall
also furnish a further testimonial from his last employer, unless , in
the estimation of the Board, sufficient reason is given for its omission.
Section 18 : Examination of Drivers. The Chief of Police
or some police officer designated by him shall examine each applicant
for a public passenger vehicle driver' s license as to (a) the truth
of the statements made in such application., (b) the applicant ' s
knowledge of the provisions of this ordinance, of the traffic code,
and of the geography of the Village, and (c) the ability of the
applicant to safely handle and drive a motor vehicle in the Village.
No license shall be issued to an applicant if the results of such
examination are unsatisfactory in any respect, nor to an applicant
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who makes a false statement in his application. After such examina-
tion the Chief of Police shall endorse on the application his
recommendation. as to whether or not the license shall be issued and
shall forward it to the Board of Trustees. The Board shall determine
whether the applicant is entitled to a license under the provisions
of this chapter.
Section 19: Photographs--Fingerprints. Each applicant
for a driver' s license shall file with his application two recent
photographs of himself of a size which may be easily attached to
his license. One photograph shall be attached to the license if
and when issued, to be so affixed that it cannot be removed and
another substituted without detection. The other photograph shall
be filed with the application as a permanent record. If the applica-
tion for license is denied the photographs may be returned to the
applicant .
Each applicant shall also submit to fingerprinting by a
duly authorized. Village officer.
Section. 20: Driver' s License--Issue--Term. If the appli-
cation be approved by the Board and the prescribed fee has been paid,
a license shall be issued by the Clerk. The license shall contain
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the photograph and signature of the licensee and blank spaces upon.
which a record may be made of any arrest of or serious complaint
against him and upon which a record shall be made, by any police
magistrate or justice of the peace or by the Chief of Police or
Village Clerk, or any conviction. for a violation of this ordinance
or of the State motor vehicle act. Driver's licenses shall be issued
as of May 1 in each year and shall be valid through April 30, following
unless revoked before that time.
Section 21 : Driver' s License--Fees . The initial license
fee for public passenger vehicle drivers shall be Three Dollars.
The fee for renewal of licenses shall be One Dollar.
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Section 22: Driver' s License--Exhibition--Defacement.
Each licensed public passenger vehicle driver shall keep his driver' s
license upon his person while engaged in the operation of any public
passenger vehicle, and, shall , upon demand of any police officer or
any passenger, exhibit his license and photograph for inspection.
If any driver shall deface, remove or obliterate any official entry
made upon his license, the President , in his discretion, may revoke
such license.
Section 23 : Driver' s License--Renewal. The Board may
renew a driver' s license from year to year by appropriate endorsement
thereon.. A driver, in applying for a renewal of his license, shall
make such application upon a form to be furnished by the Clerk, which
shall be filled out with the full name and address of the applicant ,
together with a statement of the date upon which his original license
was granted and the number thereof.
Section 24: Driver' s License--Suspension--Revocation.
Driver' s licenses may be suspended or revoked at any time by the
Board. Any such suspension shall be noted on the license, together
with a statement of the reasons therefor, and the driver shall be '
deprived of his license, the license to be returned at the expiration
of the period for which the license was suspended. Upon a second
suspension for the same reason the Board, may, and on a third suspension
the Board shall, revoke the license. No driver whose license has been.
revoked shall again, be licensed as a public vehicle driver in the
Village, unless upon the presentation of reasons satisfactory to the
Board. The Board shall notify the police department whenever such
license is revoked.
Section 25: Driver' s License--Record. The Clerk shall
keep a complete record of each license issued to a driver, and of
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all renewals, suspensions, and revocations thereof , which record
shall be kept on file with the original application of the driver
for a license.
Section 26: :Drivers--Uniforms. The uniform of drivers of
public passenger vehicles shall be clearly distinguishable from the
uniforms of members of the police or fire departments of the Village.
Section 27 : Rates of rare. No person owning or operating
a taxicab for hire within the Village shall charge or demand any
fare in excess of the following rates , to be determined by the
taximeter:
For the first one-quarter mile or fraction thereof. . . . $ .40
For each succeeding one-quarter mile or fraction .
thereof. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
For each two minutes of waiting, or fraction thereof. . . 10
Waiting time shall include the time when the taxicab is not
in motion, beginning with the arrival at the place to which it has
been called, or the time consumed while standing at the direction of
the passenger, but no charge shall be made for time lost for in-
efficiency of the taxicab or its operator or time consumed by pre-
mature response to a call. The charges herein set forth shall be
binding upon the owners and drivers of such cabs , and any collection
of fares in excess of said rates shall be punished as provided in
this ordinance.
If demanded by the passenger, the driver in charge of a
taxicab shall deliver to the person paying for the hiring of the
same, at the time of such payment, a receipt therefor in legible
type or writing containing the name of the owner, the Village license
number or the driver' s Village number, or the taximeter number, the
items for which a charge is made, the total amount paid and the
date of payment.
The foregoing rates shall not apply in the case of taxi-
cabs rented or hired for service at hourly or per diem rates.
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Section 28 : Posting Fates. There shall be affixed on the
inside of each taxicab in a conspicuous place and in such manner that
it may be easily and conveniently read by any passenger a card upon.
which shall be shown in plain legible type the rates of fare pre-
scribed in this ordinance, and also an identification. card giving
the name of the driver and his photograph, taken within. the last two
years.
Section 29 : Overcharge. No person shall charge or attempt
to charge any passenger a greater rate of fare than that to which the
taxicab is entitled under the provisions of this ordinance and as
registered on the taximeter affixed thereto.
Section 30: Passengers--Number. No driver of a taxicab
shall carry any other person than the passenger or passengers first
employing the vehicle without the consent of such passenger or
passengers.
The operator or driver of a taxicab shall have the right
to demand in advance the payment of the fare by the person or persons
desiring to be carried by such taxicab and may refuse to convey any
person or persons who do not comply with such demand; but no operator
or driver of a taxicab shall otherwise refuse or neglect to convey
t any orderly person or persons , upon request, to any point in the
Village, unless previously engaged or unable to do so. No operator
or driver of a taxicab shall carry more than five passengers at any
one time. No person other than the driver and the passenger or
passengers being conveyed shall occupy any such taxicab while it
is carrying passengers.
Section 31 : Transfer of License. Neither the owner' s
public passenger vehicle license nor the public passenger vehicle
driver' s license provided for in this ordinance shall be transferable.
Section 32 : Advertising Matter Prohibited.. It shall be
unlawful for any person owning or operating a taxicab or public
passenger vehicle to permit advertising matter to be affixed to
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or installed in or on such taxicabs or public passenger vehicles
provided that this section. shall not be construed so as to prevent
compliance with the requirements of identification as specified in
Section 10 of this ordinance.
Section 33: Penalty. _ Any own.er or driver of a public
passenger vehicle or other person violating any provisions of this
ordinance shall be fined not less than Five Dollars nor more than
Two Hundred. Dollars for each offense. If the violation is of a
continuing nature, each day such violation. is continued. shall
constitute a separate offense.
Section 34: Conflicting Ordinances. All ordinances or parts
of ordinances in conflict with this ordinance be and the same are
hereby repealed.
Passed and approved by the President and the Board of
Trustees of the Village of Oakbrook, DuPage County, Illinois, this
day of A. D. 1962.
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President
Attest :
Clerk
Ayes
Nays
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C E R T I F I C A T E
I Village Clerk
of the Village of Oak Brook, do hereby certify that I did
on the ���day of � , A. D. 19 21
publish the above and foregoing ordinance, duly passed and
approved by the President and Board of Trustees of the
Village of Oak Brook (being a municipality with less than
five hundred population in which no newspaper is published)
by posting a notice and copy of said ordinance in three
prominent places within the said municipality, to-wit:
IN WITNESS WHEB,EOF I have hereunto set my hand and
the seal of said Village this ,? 1// day of
A.D. 196 5Z,