G66-93 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