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HomeMy WebLinkAboutG66-93 CITY OF ELGIN ORDINANCE NO. G66-93 AN ORDINANCE IMPOSING FOREIGN FIRE INSURANCE TAX AND ESTABLISHING FOREIGN FIRE INSURANCE TAX BOARD ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 15TH DAY OF DECEMBER, 1993 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 20th day of December, 1993 . STATE OF ILLINOIS ) ss . COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on December 15, 1993, the Corporate Authorities of such municipality passed and approved Ordinance No. G66-93, entitled An Ordinance Imposing Foreign Fire Insurance Tax and Establishing Foreign Fire Insurance Tax Board, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G66-93, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on December 20, 1993, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on December 20, 1993 . Municipal Clerk (SEAL) Ordinance No. G66-93 AN ORDINANCE IMPOSING FOREIGN FIRE INSURANCE TAX AND ESTABLISHING FOREIGN FIRE INSURANCE TAX BOARD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 6 .21 entitled "Fire Insurance Companies" of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended to read as follows : FOREIGN FIRE INSURANCE COMPANIES 6 .21 . 010 Tax Imposed. There is hereby imposed upon every corporation, company and association which is not incorporated under the laws of the State of Illinois and which is engaged in effecting fire insurance in the City of Elgin, a tax in the sum of two percent of the gross receipts received from the fire insurance upon property situated within the City of Elgin for the maintenance, use and benefit of the fire department. 6 .21 . 020 Payment to Treasurer. Any such corporation, company or association shall pay to the treasurer for the maintenance, use and benefit of the fire department a sum of money equal to two percent of the gross receipts each year received for premiums by any and all agents of any such corporation, company or association or received as premiums in any way for fire insurance policies on any property in the city. Such payments shall be made for the year ending the first of July of each year. 6 .21 .030 Annual Account of Premiums . Every person acting as representative or agent for or on behalf of any such corporation, company or association shall, on or before the fifteenth day of July of each year, render to the city clerk a full and true account, verified by his oath, of all premiums which have been received by him on behalf of the corporation, company or association during the year ending the preceding July 1st on fire insurance policies . The report shall specify the amounts received for fire insurance and payment of eft. the amount due shall be made at the time of rendering of the report. 6 .21 . 040 Foreign Fire Insurance Board. a. Established. There is hereby established a foreign fire insurance board. b. Definitions . For purposes of establishing a foreign fire insurance board, the following definitions shall apply: Board: The foreign fire insurance board. Department: The Elgin Fire Department. Members of the department: All sworn personnel of the Elgin Fire Department and chief. Temporary election committee: Elgin Fire Department Election Committee. c. Election of members . 1 . The foreign fire insurance board shall consist of five (5) members with one vote each. The members of the fire department shall elect four (4 ) officers who shall serve as the members of the board. The fifth position shall be filled by the chief of the fire department. 2 . The members of the board shall elect the following officers : a. Chairman; b. Vice-chairman; c. Treasurer; and d. Secretary. 3 . Elected members of the board shall serve two-year terms and until their successors are elected and installed. However, terms of the members of the first board elected shall consist of two (2) terms of one ( 1) year, and two (2 ) terms of two years . The initial terms of office of the elected members of the board shall begin on January 1, 1994 and expire on December 31, 1994, and December 31, 1995 . 4 . Vacancies shall be filled by election by the members of the department for the balance of the unexpired term, if more than three ( 3) months remain in the term. d. Election procedure. 1 . There is hereby established a temporary Elgin Fire Department Election Committee. The temporary election committee shall consist of three ( 3) members of the department. The chief of the fire department, the president of Local 439 of the International Association of Firefighters, and one other member to be appointed by the chief and the union local president to serve on the committee, who shall be a member of the department. 2 . The temporary election committee shall be responsible for organizing, conducting, and supervising the initial election of department members to serve on the board. The temporary election committee shall establish election procedures consistent with this section. Thereafter, the elected board shall establish its own election procedures consistent with this section. 3 . The board shall adopt a procedure for the nomination of members to serve on the rboard. The nominating procedure shall be established a minimum of sixty ( 60) days prior to the expiration of the board members ' terms of office. 4 . The board shall adopt a procedure for the final election of department members on the board. The final election procedure shall be established a minimum of thirty ( 30) days prior to the expiration of the board members ' terms of office. 5 . The board may adopt rules and regulations governing the election of officers of the board. All rules and regulations with respect to the election process shall be posted throughout the department not less than thirty ( 30) days prior to the election. e. Payment of funds received to department treasurer. 1 . All funds received by the city treasurer from the foreign fire insurance gross receipts tax shall be paid to the treasurer of the fire department. 2 . The board treasurer shall provide to the city treasurer a quarterly accounting of receipts and expenditures from the fund. 3 . 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. 4 . The board shall have the power to approve the expenditures for the maintenance, use and benefit of the department. No expenditure shall be made for any purpose which is inconsistent with department operations, procedures, standards and policies . Any expenditure in excess of five thousand dollars ( $5,000) shall be subject to the approval of the mayor and the city council . 5 . The treasurer of the board shall give a bond to the city to ensure faithful performance of which shall be subject to approval by the mayor. 6 . The board shall provide an annual audit of its financial operations . f. Officers; quorum; special meetings . 1 . The board shall, in accordance with the Open Meetings Act, establish a regular time and place for its meetings . The chairman shall preside at the meetings . The secretary shall keep a record of all resolutions, proceedings, minutes and actions of the board and these records shall be open to the public. 2 . 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. 3 . Special meetings may be called by the chairman, or by no less than three ( 3) members of the board in the manner required by law. g. Powers and duties . 1 . The board shall have the power to approve the expenditure of monies from the fund ... . . er- for maintenance, use and benefit of the department. 2 . The board may adopt rules and regulations for governing the board and the execution of the duties of the board, and provide for election of the board and management of the fund which are not inconsistent with the terms of this ordinance. 3 . The board may amend or repeal rules and regulations adopted by it. 4 . The board shall, in accordance with city budget and appropriations procedures, annually prepare a budget for the use of foreign fire insurance tax funds, which shall be considered by the city council, together with the fire department budget. However, expenditures shall be made solely from the receipts from the foreign fire insurance tax. Section 2 . That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. reb. Section 3 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. cam/ Uus.J��= /-212, . /LI:4; Geor VanDeVoorde, Mayor Presented: December 15, 1993 Passed: December 15, 1993 Vote: Yeas 5 Nays 0 Recorded: December 16, 1993 Published: Attest: / , Dolonna Mecum, City Clerk r