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HomeMy WebLinkAboutS27-03 - failed to pass Ordinance No. S27-03 AN ORDINANCE PROVIDING FOR ACCEPTANCE OF A MATRICULA CONSULAR IDENTIFICATION CARD AS A FORM OF PERSONAL IDENTIFICATION IN THE CITY OF ELGIN WHEREAS, the government of Mexico issues to its nationals who are living abroad a form of Consular identification card known as "Matricula Consular" which is a personal identification that is valid for five years; and WHEREAS, the Mexican Consulate issues the Matricula Consular Identification Card through its Embassy and Consulates in the United States to Mexican citizens who can provide a birth certificate, proper photo identification, fingerprints and proof that they live in the country as a form of personal identification; and WHEREAS, the Matricula Consular Identification Card contains security safeguards designed to prevent falsification; and WHEREAS, numerous banks in Illinois including major banking institutions are accepting the Matricula Consular Identification Cards for the purpose of opening bank accounts; and WHEREAS, the Matricula Consular Identification Card is already being accepted in other cities and counties including the City of Chicago, the Village of Stone Park, the Village of Melrose Park, Cook County, DeKalb County and Ventura County; and WHEREAS, due to the significant growing Hispanic population in the Kane and Cook Counties, the City Council of the City of Elgin deems it in the public interest to permit the Matricula Consular Identification Card to be used as a form of personal identification in business conducted between the public and the city departments; and WHEREAS, the City of Elgin is a home rule unit pursuant to the 1970 Illinois Constitution, Article VII, Section 6 (a) ; and WHEREAS, pursuant to its home rule powers the City of Elgin may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the type of identification to be accepted by city departments for the purpose of conducting city business pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS AS FOLLOWS: Section 1 . That the City Council of the City of Elgin hereby acknowledges the Matricula Consular Identification Card as a form of personal identification. Section 2 . That it shall be the policy of the City of Elgin to accept the Matricula Consular Identification Card issued by the Mexican Consulate as a form of personal identification for those persons who qualify for said status for the purpose of conducting business with any city department. This section shall not apply under circumstances where (1) a federal or state statute, administrative regulation or directive or court decision requires the city to obtain different identification, (2) a federal or state statute or administrative regulation or directive preempts local regulation of identification requirements, or (3) the city would be unable to imply with a condition imposed by a funding source, which would cause the city to lose funds from that source. Section 3. That nothing in this ordinance is intended to or shall be construed to prohibit city departments from (1) asking for additional information from individuals in order to verify a current address or other facts that would enable the department to fulfill its responsibilities, except this section does not permit the department to require additional information solely in order to establish identification of the person, or (2) using fingerprints for identification purposes under circumstances where the department also requires fingerprints from persons who have a driver' s license or state identification card. Section 4 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. E A ! L ( ' G _ ' ,--"" N September 19, 2003 NEC PlEATIONAI 1.EISU NE ANC CULTU NAL OTIORTUNITIEI IOR ALL CITIZENS TO: Mayor and Members of the City Council FROM: David M. Dorgan, City Manager William A. Cogley, Corporation Counsel SUBJECT: Proposed Ordinance Providing for the Acceptance of Matricula Consular Identification Card as a Form of Personal Identification in the City of Elgin PURPOSE The purpose of this memorandum is to submit for City Council consideration a proposed ordinance providing for the acceptance of the Matricula Consular Identification Card as a form of personal identification in the City of Elgin. BACKGROUND The Mexican government is now issuing a consular identification card known as the Matricula Consular Identification Card. Such identification card is issued by the government of Mexico to its nationals who are living abroad as a form of consular identification. Attached is an information sheet issued by the Mexican Ministry of Foreign Affairs on the subject Consular identification card. The cards are only for use as identification and do not establish any type of legal status in this country. Attached is a proposed ordinance which would provide for the acceptance of the Matricula Consular Identification Card as a form of personal identification for the purpose of conducting business with any city department. Such ordinance provision would not apply under circumstances where applicable federal, state or administrative legal regulations or a court decision requires a city to obtain different identification, where Proposed Ordinance Providing for Acceptance of Matricula Consular Identification Cards September 19, 2003 Page 2 federal or state statute or administrative regulation directly preempts local regulation of identification requirements, or where the city would be unable to comply with the conditions imposed by a funding source which would cause the city to lose funds from that source. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Councilman Figueroa has provided information on the Matricula Consular Identification Card and its acceptance by other entities and communities as a form of personal identification. FINANCIAL IMPACT None. LEGAL IMPACT None. ALTERNATIVES 1 . Adoption of the ordinance as proposed or in an amended form. 2 . Do not adopt the ordinance. RECOMMENDATION Adoption of the proposed ordinance providing for the acceptance of the Matricula Consular Identification Card as a form of personal identification in the City of Elgin. Respectfully submitted for Council consideration. WAC/mg Attachment COMMITTEE OF THE WHOLE MEETING SEPTEMBER 24, 2003 The regular Committee of the Whole meeting was called to order by Mayor Schock at 6: 10 p.m. in the Council Chambers. Present: Councilmembers Figueroa, Gilliam (arrived at 6: 25 p.m. ) , Rodgers, Sandor, Walters and Mayor Schock. Absent: None. Approval of Minutes Councilmember Sandor made a motion, seconded by Councilmember Figueroa to approve the minutes of the September 10, 2003, regular meeting and the September 13, 2003 special meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. Presentation by Talisman Theatre Mark Hardiman, Artistic Director of Talisman Theatre, gave a presentation which included a review into the theatre' s past and present and plans for the future. In 2003 the company moved toward making "Shakespeare in the Park" into a regional Shakespeare Festival and expanded to two shows in rotating repertory. There were many hardships in 2003, including a fire which wiped out the entire Shakespeare infrastructure, scenery, props, costumes, and equipment, and also extraordinarily poor weather, which effected attendance and caused a number of difficulties. Despite the hardships, much was accomplished including forming alliances with other Shakespeare productions, and deepened commitments with Elgin Community College and the City of Elgin. They expanded their marketing and quadruped their mailings . They will again have two plays for "Shakespeare in the Park" in 2004 . Consideration of an Ordinance Providing for the Acceptance of a Matricula Consular Identification Card A proposed ordinance has been prepared for consideration by the City Council providing for the acceptance of the Matricular Consular Identification Card as a form of personal identification in the City of Elgin. A presentation was made by Audrey Reed, Executive Director of Centro de Informacion, and Juan Manuel Calderon Jaimes, Consul with the Mexican Consulate, explaining the purpose, advantages and disadvantages of the Matricular Consular Identification Card which is issued by the Mexican Ministry of Foreign Affairs for personal identification for the purpose of conducting business . Committee of the Whole September 24, 2003 Page 2 with any city department. They emphasized that the cards are only for use as identification and do not establish any type of legal status in this country. Police Chief Miller stated the benefit is that some people have no identification, so it would be helpful to have the people have a form of identification. Consideration of the proposed ordinance is on tonight' s Council meeting agenda. Consideration of a Proposal for Limited a Self-Insurance Program A resolution will be presented at tonight' s Council meeting for adoption by the City Council . Consideration of a Hemmens Sponsorship Agreement with the Daily Herald A resolution will be presented at tonight' s Council meeting for adoption by the City Council. Presentation on Residential Sprinklers Tom Lia from the Northern Illinois Fire Sprinkler Advisory Board gave a presentation regarding the benefits and reasons for requiring residential sprinkling, which he said is a common sense approach to fire safety. He stated that 82 percent of fire deaths occur in homes and most deaths occur at night. Fires kill more people than all natural disasters combined. Occupants generally will have less than five minutes to get out alive. He indicated the typical fire scenario without sprinklers as compared to when sprinklers are present, in which case there are far less deaths, inquiries, and property damage. He stated that the cost of sprinklers is $1 .50 to $2 . 00 a square foot, which is less than the cost of carpeting. Residential sprinklers activate when the ceiling temperature reaches 155-175 degrees. He also discussed common misconceptions about sprinklers including accidental discharge and water damage. There are several suggested ordinances, including an economy version. He gave a list of local governments which now require residential sprinklers. Councilmember Sandor requested that the City Manager place discussion of the creation of a task force to study this issue on the next Committee of the Whole agenda. VOLUME LXVIII SEPTEMBER 24, 2003 ORDINANCE S27-03 TABLED PROVIDING FOR ACCEPTANCE OF A MATRICULA CONSULAR IDENTIFICATION CARD AS A FORM OF PERSONAL IDENTIFICATION IN THE CITY OF ELGIN Councilmember Gilliam made a motion, seconded by Councilmember Sandor to table consideration of the aforesaid ordinance to the next meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. RESOLUTION 03-262 ADOPTED ACCEPTING A PROPOSAL FOR THE CITY OF ELGIN' S LIMITED SELF-INSURANCE PROGRAM Councilmember Sandor made a motion, seconded by Councilmember Figueroa to adopt the following resolution. Upon a roll call vote: Yeas : Councilmembers Figueroa, Gilliam, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. Resolution No. 03-262 RESOLUTION ACCEPTING THE PROPOSAL OF LUNDSTROM INSURANCE FOR LIMITED SELF-INSURANCE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Lundstrom Insurance for the city' s limited self-insurance program for the period October 1, 2003 through September 30, 2004 as follows: a. The St. Paul $50, 000/occurrence (SIR) for the property policy and $250, 000/occurrence (SIR) for general liability with $1, 500, 000 "All Lines" aggregate SIR proposal for a total excess premium and claims administration cost of $871, 464 and $56, 000 claims administration fee. b. The Safety National $500, 000/occurrence (SIR) compensation proposal for a total excess premium cost of $53, 240. c. The AIG $3, 000, 000/occurrence and $3, 000, 000/aggregate with $10, 000/deductible for pollution liability coverage for $44, 579. s/ Ed Schock Ed Schock, Mayor 960 • VOLUME LXVIII OCTOBER 8, 2003 vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. Resolution No. 03-274 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE PUBLIC ACTION TO DELIVER SHELTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Public Action to Deliver Shelter to provide for overnight shelter and meals to the homeless, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 8, 2003 Adopted: October 8, 2003 Vote: Yeas: 6 Nays: 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE S27-03 FAILED PROVIDING FOR ACCEPTANCE OF A MATRICULA CONSULAR IDENTIFICATION CARD AS A FORM OF PERSONAL IDENTIFICATION IN THE CITY OF ELGIN Councilmember Figueroa made a motion, seconded by Councilmember Walters, to remove this item from the table. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Sandor, Walters and Mayor Schock. Nays : None. Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass Ordinance S27-03. Upon a roll call vote: Yeas: Councilmember Figueroa and Mayor Schock. Nays: Councilmembers Gilliam, Rodgers, Sandor and Walters. The motion failed. 984