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G60-97 Ordinance No. G60-97 AN ORDINANCE REPEALING EXISTING CHAPTER 3 . 32 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "BOARD OF HEALTH" AND CREATING CITY BOARD OF HEALTH WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs ; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to establish a board of health which is separate, distinct and supersedes the board of health authorized by the enabling statute provided at 65 ILCS 5/ 11-16-1 ; and WHEREAS, the establishment of such a board of health pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 3 . 32 of the Elgin Municipal Code, 1976 , as amended, entitled "Board of Health" is hereby repealed. Section 2 . That in lieu of the chapter repealed by Section 1 hereof there is hereby substituted a new Chapter 3 . 32 entitled "Board of Health" as part of the Elgin Municipal Code, 1976 , as amended, to read as follows : "Chapter 3 . 32 BOARD OF HEALTH 3 . 32 . 010 ESTABLISHED. There is hereby established a board of health for the City of Elgin pursuant to the City of Elgin' s home rule authority. The board of health hereby established shall be separate and distinct and supersede the board of health authorized by statute. In the case of any conflict of any provision of this chapter with any provision of the statute providing for boards of health ( 65 Illinois Compiled Statutes 5/11--16- 1 , 1996 , as amended) the provisions of this chapter shall control . ya 44 rik 3 . 32 . 020 MEMBERS . Members of the board of health shall be appointed by the city council . The board shall be composed of one physician licensed to practice medicine in the state; one dentist licensed to practice as such in the state; one registered nurse; and such other members as may otherwise be determined by the city council . The physician and dentist appointed to the board shall be engaged in active practice in the city. 3 . 32 . 030 OFFICERS . The board of health shall immediately after appointment meet and organize, by the election of one of its members as president . The city' s public health officer shall be the executive officer and a secretary of said board. The board of health may, for its own guidance, make and adopt such rules as are not inconsistent with law. The board of health shall : A. Hold meetings quarterly in January, April , July and October; B. Hold special meetings upon a written request signed by two members of the board, or the city manager, or the city council , or the director of the department of health and housing; C . Initiate and carry out activities not inconsistent with law, that may be deemed necessary and desirable in the promotion and protection of health and in the control of disease; and D. Recommend to the city council the adoption of such ordinances and of such rules and regulations as may be deemed necessary and desirable for the promotion and protection of public health and the control of disease. 3 . 32 . 040 DUTIES . Each member of the board shall perform such duties as may be prescribed by ordinance for his position and to the best of his ability shall render faithful and effective service in the performance of his duties to the end that the public interest and welfare may be furthered. .* 3 . 32 . 050 OATH OF OFFICE . Each member of the board shall , before entering upon his duties of office, take and subscribe to the constitutional oath of office, which shall be filed in the office of the city clerk. " Section 3 . That the duly appointed and acting board members of the board of health repealed by Section 1 hereof shall continue to serve as the board members for the board of health created by Section 2 hereof until the expiration of their respective current terms of office, or until their successors are appointed in the manner provided by law. Section 4 . That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 5 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Kevin Kelly Kevin Kelly, Mayor Presented: November 19 , 1997 Passed: November 19 , 1997 Vote: Yeas 4 Nays 3 Recorded: November 20, 1997 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk