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G-240 - 11/28/1978 - AGREEMENT - Ordinances ORDINANCE NO. AN ORDINANCE ESTABLISHING A LEGAL DEPARTMENT AND THE OFFICE OF VILLAGE ATTORNEY IN AND FOR THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS WHEREAS, Chapter 24, Section 5-3-8 of the Illinois Revised Statutes (1977) authorizes a Village Board of Trustees, to establish necessary municipal departments by ordinance; and WHEREAS, the Corporate Authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, deem the establishment of a Legal Department and the Office of Village Attorney in and for the Village of Oak Brook, to be advisable; and, WHEREAS, the Corporate Authorities of the Village deem the passage of this Ordinance to be in the best interest and in furtherance of the public health, safety, comfort, and general welfare of the Village of Oak Brook and its citizens and residents. ' NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, that: SECTION 1: The provisions of the preamble hereinbefore set forth are hereby restated herein as though herein fully set forth. SECTION 2: The Office of Village Attorney, in and for the Village of Oak Brook, Illinois, is hereby created. SECTION 3: A Legal Department for the Village of Oak Brook, consisting of the Village Attorney and such additional staff as may be appointed, from time to time, by the Village Manager as directed by the Board of Trustees, is hereby established. SECTION 4: The Village Attorney shall have the following duties and responsibilities: i) Advise the Board of Trustees. Advise the President and Board of Trustees or any Village officer on all legal questions arising in the conduct of Village business, when requested by the Presi- dent, Board of Trustees, or Village Manager. ii) Prepare Ordinances. Prepare or revise ordinances, rules and regulations, when so requested by the Board of Trustees ORDINANCE NO. Page Two iii) Give Opinions. Give opinions upon any legal matter or question submitted to the Legal Department by the President, the Board of Trustees or by the Village Manager. iv) Attend Meetings. Attend all Board of Trustees meetings in their entirety for the purpose of giving members of the Board any legal advice requested; and attend such meetings of statu- tory boards and commissions as may be directed by the Presi- dent, Board of Trustees, or by the Village Manager. v) Prepare Legal Instruments. Prepare for execution, or approve as to form, all contracts and instruments to which the Village is a party; and approve as to form all bonds required to be submitted to the Village. vi) Prosecute Offenders and Defend Officials. Prepare all charges and complaints against and appear in the appropriate court in the prosecution of every person charged with the violation of a Village ordinance or any regulations adopted under authority of the state statutes, or with the commission of a misdemeanor as declared by state statute or by virtue of its authority. vii) Prepare Reports. Prepare reports to the Village Manager, President and Board of Trustees on the outcome of any litigation in which the Village has an interest; and prepare an Annual Report of Pending Litigation to the Village Manager, President and Board of Trustees, as of the first day of May of each calen- dar year, setting forth the status of all pending litigation in which the Village has an interest. iix) Be Responsible for Legal Services Incidental to Board of Trustees' Action. Have charge of legal services auxiliary to action by the Board of Trustees as directed by the Board of Trustees. ix) Keep Records. Keep a complete record of all litigation in which the Village had or has an interest, setting forth the names of the parties, the court before which the matter was instituted, the nature of the case, the disposition of the case or its condition, if pending, including copies of all pleadings; and keep a complete record of all written opinions furnished by the Legal Department as well as all certificates or abstracts of title furnished by the Legal Department to the Village or any department or official thereof. SECTION 5: The President and Board of Trustees may, from .time t© time, direct the Village Manager 'to appoint additional staff, including secretarial, clerical and/or paralegal personnel, to assist the Village Attorney. ORDINANCE NO. Page Three SECTION 6: This Ordinance shall be in full force and effect from and after its passage, . approval, and publication as by Statute in such cases made and provided. This Ordinance shall be published in pamphlet form. SECTION 7: All ordinances, rules, and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of the conflict. SECTION 8: If any section, subsection, sentence, clause, or phrase of this Ordinance. is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance. PASSED this �'Z _�i^ day of �n.`�i e 1978. AYES: NAYS: p ABSENT: L, APPROVED this day of 1978. esident, ATTEST: Village Clerk , ' Filed in the Office of the Village Clerk and published in pamphlet form by authority of the President and Board of Trustees of the Village of Oak Brook this _�day of 1978- Village Clerk A_ P to fo m a illage Attorney