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G51-12 AN ORDINANCE Ordinance No. G51-12 • AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE; 1976, AS AMENDED, ENTITLED "CITY COUNCIL" WHEREAS, 65 ILCS 5/5-2-12(b)provides in relevant part that in cities of at least 50,000 but less than 100,000 population,the council shall consist of the mayor and six councilmen, and that in cities of at least 100,000 but not more than 500,000,the council shall consist of the mayor and eight councilmen; and WHEREAS, the current composition of the city council of the City of Elgin consists of the mayor and six councilmen; and WHEREAS, the 2010 United States Census which was finalized after the bi-annual municipal election in 2011 identified the population of the City of Elgin as having increased to a population of 108,188; and WHEREAS, as a result of the City of Elgin's population increasing to more than 100,000 and pursuant to state law provided at 65 ILCS 5/5-2-12,the size of the city council of the City of Elgin is to be increased from the current composition of the mayor and six councilmen to the new composition of the mayor and eight councilmen. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN ILLINOIS, IN THE EXERCISE OF STATUTORY AND HOME RULE POWERS: Section 1. That Chapter 2.08 of the Elgin Municipal Code, 1976, as amended, entitled "City Council" be and is hereby further amended by amending section 2.08.010 thereof entitled "Powers and Duties" to read as follows: "2.08.010: COMPOSITION, POWERS AND DUTIES: Effective with the bi-annual municipal election in 2013,the city council shall consist of the mayor and eight(8)councilmen elected for four(4)year terms as provided by law. The city council shall be the governing body of the city and shall have the powers and duties prescribed by the Constitution of the State of Illinois, by state statute and by ordinance of this city. The powers of the city council shall be purely legislative except as otherwise provided by statute or ordinance. The city council shall approve for payment all expenses and liabilities of the municipality except as may otherwise be provided by ordinance." Section 2. For the purposes filling the two vacancies in the office of councilmen for the two new council seats created by this ordinance, the city council hereby designates one of the new additional council seats as having an initial two-year term and one of the new additional council seats • as a four-year term,and the city clerk of the City of Elgin is hereby authorized and directed to certify the designated offices to be filled to the proper election authorities as provided in the general election law. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. David J. Kapt in, or I Presented: August 22, 2012 Passed: August 22, 2012 Vote: Yeas: 7 Nays: 0 Recorded: August 22, 2012 Published: August 23, 2012 aaBSF""""h Attest: Kimberly Dewis, ity Clerk • 0 - 2 -