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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