G-581 - 01/28/1997 - BOARDS & COMMISSION - Ordinances ORDINANCE 97-BD-FF-G-581
AN ORDINANCE AMENDING CHAPTER 2
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
CREATING A FOREIGN'FIRE INSURANCE TAX BOARD
WHEREAS, Chapter 65, Section 5/11-10-1 of the Illinois Compiled Statutes
allows municipalities to impose a tax on the premiums of fire insurance
policies written by fire insurance companies not incorporated in the State of
Illinois (foreign fire insurance companies) ; and
WHEREAS, pursuant to State Statute and Ordinance S-186, the Village of
Oak Brook has levied and receives a two percent (2%) tax on the gross receipts
received by foreign fire insurance companies relative to fire insurance upon
property within the Village; and
WHEREAS, Chapter 65, Section 5/11-10-2 of the Illinois Compiled Statutes
requires municipalities with populations under 250,000, which have organized
fire departments to pass an ordinance providing for the election of officers
of the department, by members of the department, to direct the expenditure of
the money collected from a foreign fire insurance tax for the maintenance, use
and benefit of the fire department.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That Chapter 2, Article IV of the Oak Brook Village Code is
amended by adding a new Section 2-180.21 thereto, which shall read in its
entirety as follows:
"Section 2-180.21. FOREIGN FIRE INSURANCE TAX BOARD
(A) The Village of Oak Brook Foreign Fire Insurance Tax Board
(Board) is hereby created to consist of four (4) members.
Four (4) officers shall comprise the Board and shall be
elected from all employees of the Village of Oak Brook Fire
Department and shall have full voting privileges on any
matter before such Board:
1. President
2. Vice President
3. Treasurer
4. Secretary
The offices of Board shall be filled by election by the
employees of the Village of Oak Brook Fire Department. In
�-- addition to the officers as provided above, the Fire Chief
Ordinance 97-BD-FF-G-581
Amending Chapter 2, Creating a
Foreign Fire Insurance Tax
Board, Page 2
of the Oak Brook Fire Department or his/her designee shall
be an ex-officio member, unless otherwise elected to the
Board at an election held in accordance with the provisions
of this ordinance. As an ex-officio member, the Fire Chief
shall not have any voting privileges, but shall have the
right to participate in all open or closed session
discussions regarding the management of foreign fire
insurance tax funds, preparation of long-range financial
plans and annual budgets, or any other matter within the
scope of the powers and duties of the Board and notice of
any regular or special meeting in the same manner given to
any voting member.
(B) The term "employee" as used in this ordinance shall mean any
full-time sworn firefighter, paid on-call firefighter, or
other member or officer of the Village of Oak Brook Fire
Department, including the Fire Chief and all promoted
positions. No probationary employee of the Department may
hold an office during the period of his/her probation.
(C) The initial and successor elections of the Board shall be
held prior to May 1, 1997 and May 1 in odd numbered years
thereafter. Officers shall take office on May 1 and shall
serve up to and including April 30 two years later. The
terms for all officers shall be two years. The initial
election shall be held in accordance with guidelines and
procedures established by the Village Attorney and,
thereafter, the Board shall adopt all necessary rules and
regulations governing the nomination and election of such
officers for subsequent elections.
(D) A Village of Oak Brook Fire Department Foreign Fire
Insurance Tax Fund is hereby created and all revenue
received by the Village of Oak Brook from the foreign fire
insurance tax shall be deposited in the Fund and shall be
held and expended according to the following procedures:
(1) The Village Treasurer shall provide the Treasurer of
the Board a quarterly accounting of receipts and
expenditures of the Fund.
(2) By July 31st of each year, the officers of the Board
shall approve five-year projection and a preliminary
budget for the subsequent calendar year for the
expenditure of the funds received pursuant to the
foreign fire insurance tax. The officers of the Board
shall, no later than September 30th, adopt a final
budget for the collection and expenditure of the
foreign fire insurance tax for the subsequent calendar
year, to be approved by ordinance by the President and
Ordinance 97-BD-FF-G-581
Amending Chapter 2, Creating a
Foreign Fire Insurance Tax
Board, Page 3
Board of Trustees in conjunction with the annual
Municipal Budget, in order to comply with the
statutory mandate of a prior appropriation for all
expenditures. The final budget may be amended at any
time by a majority vote of the officers of the Board
with the concurrence of the President and Board of
Trustees consistent with established practice.
Expenditures shall be made only for items specifically
described in the final budget as originally adopted or-
subsequently amended.
(3) The Board shall have the power to approve the
expenditure of monies from the Fund for the
maintenance, use and benefit of the Department. Any
expenditure in excess of five thousand dollars
($5,000) shall be subject to the approval of the
President and Board of Trustees, provided, however,
said expenditure shall be approved if it is for the
maintenance, use and benefit of the Department.
(4) Any expenditure made from the Fund shall be made in
accordance with Village of Oak Brook rules,
regulations, practices and ordinances, as may be
�• amended from time to time, which govern the
procurement of goods and services.
(5) , No expenditure shall be made from the Fund without
approval of the Board.
(6) The Board Treasurer shall give a bond in an amount
equal to three (3) times the amount of foreign fire
insurance tax revenue to the President and Board of
Trustees to ensure the faithful performance of the
Board Treasurer of his/her duties imposed by law and
by Board rules and regulations. Fees for said bond
shall be paid from the funds collected from the
foreign fire insurance tax.
(7) The Board Treasurer shall be responsible for paying
the service charge levied by the Illinois Municipal
League for the collection of the foreign fire
insurance tax from the proceeds of the foreign fire
insurance tax, provided such fee is chargeable by
state law; and provided that the service charge has
not already been retained by the Illinois Municipal
League prior to disbursement of the tax.
(E) The Board shall, in accordance with the Open Meetings Act,
establish a regular time and place for its meetings. The
President shall preside at the meetings. The Secretary
Ordinance 97-BD-FF-G-581
Amending Chapter 2, Creating a
Foreign Fire Insurance Tax
Board, Page 4
shall keep a record of all resolutions, proceedings and
actions of the Board, and these records shall be open to the
public. Three (3) members of the Board shall constitute a
quorum for the transaction of its business. The affirmative
vote of three (3) members of the Board shall constitute
approval of business before it. Special meetings, with
appropriate notice, may be called by the President or by no
less than three (3) members of the Board. Any person shall
be entitled to appear and be heard on any matter before the
Board.
(F) The Board may promulgate written rules and regulations
governing Board matters so long as such rules and
regulations are not inconsistent with any applicable law.
All rules and regulations promulgated by the Board must be
approved by a majority of the President and Board of
Trustees in the same manner as for passage of Village
ordinances. All rules and regulations shall be posted in
each fire station, the Oak Brook Village Hall, and a copy
provided to the Village Clerk. Before any rule or
regulation shall become effective, such rule or regulation
shall be filed with the Village Clerk and shall be made
available for public inspection. Rules or regulations of
the Board shall become effective when the ordinance approved
by the President and Board of Trustees becomes law. The
Board Secretary shall maintain a record of all Board rules
and regulations, which shall be available for public
inspection.
(G) At no time shall the actions of the Board or its officers
interfere with the rights of the Fire Chief, the composition
of the Oak Brook Fire Department, the Oak Brook Board of
Fire and Police Commissioners, or in any way impede the
ordinary operation of the Oak Brook Fire Department.
Section 3: That the provisions and section of this ordinance shall be
deemed severable and the invalidity of any portion of the ordinance shall not
affect the validity of the remainder.
Section 4: That ordinances or parts of ordinances in conflict with the
terms of this ordinance are hereby repealed to the extent of such conflict.
Section 5: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 6: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
PASSED THIS 28th day of January , 1997.
Ordinance 97-BD-FF-G-581
Amending Chapter 2, Creating a
Foreign Fire Insurance Tax
Board, Page 5
Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate
Nays: None
Absent: None
Abstain: None
APPROVED THIS 28th day of January , 1997.
G� -
_'
�} S!,
llage Pres` en
ATTEST '
fi(; VL Clerk
Approved as to Form:
Avjz�
Village Attorney
Published 1-29-97 Pamphlet form
Date Paper
Not Published