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HomeMy WebLinkAboutORDINANCE - 2503 - 7/23/1996 - FIRE DEPT/FOREIGN FIRE INSURANCE BDORDINANCE NO. 2503 AN ORDINANCE PROVIDING FOR AN ELK GROVE VILLAGE FIRE DEPARTMENT FOREIGN FIRE INSURANCE BOARD PURSUANT TO SECTION 11-10-2 OF THE ILLINOIS MUNICIPAL CODE (65 ILLS 5/11-10-2) WHEREAS, pursuant to Section 11-10-1 of the Illinois Municipal Code, 65 ILLS 5-11-10-1, the Village of Elk Grove Village has established by Ordinance a tax or fee upon foreign fire insurance companies derived from their gross receipts from property in the Village; and WHEREAS, Section 11-10-2 of the Illinois Municipal Code as amended provides that any municipality containing less than 250,000 in population shall pass an ordinance to provide for the election of officers of the Fire Department Foreign Fire Insurance Board. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois as follows: Section 1. That Title 2, Boards and Commission, of the Village Code be amended by adding thereto a new Chapter which Chapter shall read as follows: Fal Aylm a FOREIGN FIRE INSURANCE BOARD Section 2-12-1 - Camnission Created/Purpose: There is hereby established a Foreign Fire Insurance Board of the Village of Elk Grove Village. The members of the Board shall consist of eleven (11) members, one of whom shall be the Fire Chief and one of wham shall be the Finance Director/Village Treasurer who shall serve as an ex officio (non-voting) member of the Board; the remaining ten (10) voting members shall be elected from the membership such that three (3) members shall serve from each of the three shifts and one (1) shall serve from the rank of Captain or above, not including the Fire Chief. The elected members of the Board shall be elected by the active sworn full time members of the Department. This Board shall exercise the powers in accordance with the Agreement entered into between the Village of Elk Grove Village and the Foreign Fire Insurance Board. The members of the Foreign Fire Insurance Board shall serve without compensation. Section 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. That the Village Manager is hereby authorized to execute the attached agreement which agreement is hereby approved by the Village President and Board of Trustees. Section 4. That this ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. VOTE: AYES: 5 NAYS: 0 ABSENT: 0 PASSED this 23rd day of July , 1996. APPROVED this 23rd day of July , 1996. Dennis J. Gallitano Village President ATTEST: Patricia S. Smith Village Clerk Published this 26th of July , 1996 in Pamphlet Form. Agreement between the Village of Elk Grove and The Foreign Fire Insurance Board Be it agreed to and Accepted: I. COMPOSITION OF BOARD MEMBERS AND SELECTION OF OFFICERS a. The Board shall consist of eleven (11) voting members. The Fire Chief shall serve as a member of the Board. The Finance Director/Village Treasurer shall serve as an ex officio (non-voting) member of the Board. The remaining ten (10) voting members shall be elected from the membership such that three (3) members shall serve from each of the three shifts and one (1) from the rank of Captain or above, not including the Fire Chief. b. The members of the Board shall select a chairman, vice chairman, secretary, and treasurer, with the treasurer being selected in accordance with sub -Section Il.c. of this Agreement. The remaining members shall be designated as members. C. Except for the Fire Chief, or his designate, the members of the Board shall be elected by the active, sworn full time members of the Department. d. The elected members of the Board shall serve two (2) year terms and until their successors are elected. The initial terms of office of the members of the Board shall begin thirty days after the completion of the election and each member of the Board shall hold office during his/her term unless he/she no longer holds a qualifying position (is no longer an active full-time sworn member of the department) in the Department, in which case the respective term shall cease immediately and the member shall thereby be removed from the Board. -2- e. Vacancies of elected Board positions shall be filled by special election by the active, full time sworn members of the Department, and such election shall be for the balance of the unexpired term. f. The Board shall develop a procedure for governing the nomination of members to serve on the Board. The nominating procedure shall be established a minimum of thirty (30) days prior to the expiration of the Board members' term of office. g. The Board shall develop a procedure for the election of members to 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. h. 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 a minimum of thirty (30) days prior to the election. II. POWERS AND DUTIES, AND FINANCE PROCEDURES a. The Board shall make all needful rules, regulations and bylaws with respect to the Foreign Fire Insurance Board and the management of monies appropriated to the Board. b. The Foreign Fire Insurance Board Officers shall develop and maintain a listing of items and professional services that it feels are appropriate expenditures for the maintenance, use and benefit of the Fire Department. That list shall be submitted by the Foreign Fire Insurance Board to the Village Manager for consideration, during the annual budgetary process. The Foreign Fire Insurance Funds shall be appropriated, +o the Board through the approved budget. -3- c. The Director of Finance, who is also the Village Treasurer, will serve as Treasurer of the Foreign Fire Insurance Board (Board). This position will be an ex officio, non-voting member of the Board. d. The Village Treasurer shall be custodian of the Foreign Fire Insurance Fund and shall be required to furnish bond as required by the Board and State statutes. e. Under the direction of the Village Treasurer, the Village of Elk Grove Village shall maintain a Foreign Fire Insurance Fund to account for the assets, liabilities, revenues, and expenditures of the Fund. The Fund shall be accounted for using generally accepted accounting principles and included within the scope of the Village's annual financial audit and reported in the Village's comprehensive annual financial report. f. The Village's Treasurer shall receive and deposit Foreign Fire Insurance tax receipts into a separate, interest bearing account established for the Foreign Insurance Fund. The account shall be maintained, monitored, and audited consistent with the procedures and controls for the Village's other accounts. Purchases for the Foreign Fire Insurance Fund shall follow the same purchasing policy required for all Village purchases. g. The President and Treasurer of the Foreign Fire Insurance Board shall approve all invoices to be paid from the Foreign Fire Insurance Fund. The Village Treasurer shall cause such approved invoices to be paid following the same policies and controls used for payment of other Village invoices. h. The Village Treasurer shall advise the Board on investment policy and shall invest idle funds consistent with the Board's investment policy and State statutes regarding the investment of public funds. All interest earned shall be credited to the Foreign Fire Insurance Fund. i. Real property may be declared surplus property and sold, traded, or otherwise appropriately disposed of consistent with the current Village purchasing policy. Monies derived from such disposal shall be remitted to the Foreign Fire Insurance Fund. j. The Village Treasurer will provide periodic reports to the Foreign Fire Insurance Board Secretary regarding the status of the budget accounts of the Fund. QUORUM, SPECIAL MEETINGS The Board shall, in accordance with the Open Meeting Act, establish a regular time and place for its meetings and publish an agenda at least 48 hours in advance of the meeting. The Board shall be subject to the provisions of the Illinois Open Meeting Act. The chairman shall preside at Board meetings (or the vice chairman in the chairman's absence), the secretary shall keep record of the proceedings and actions of the Board and may certify the same. Six (6) members of the Board shall constitute a quorum for the transaction of business. The Chairman may call a special meeting at any time but must follow proper notification requirements as set forth below. Official business may only be conducted if at least six (6) members of the Board are in attendance at the special meeting. A special meeting may also be called by the written notice of six (6) members of the Board. Such notice shall be in writing, duly signed by the Board members. -5 - Any notice for a special Board meeting shall describe in brief the nature or object of the special meeting and be posted at least 48 hours in advance of the special meeting. Any person shall be entitled to appear and be heard on any matter of business in the notice before the Board. Minutes of Board meetings shall be filed with the Village Clerk. IV. ELECTION PROCEDURES/STAGGERED TERMS (TEMPORARY) That the following temporary rules are hereby established for the election of the first Foreign Fire Insurance Board: a. There is hereby established a Temporary Fire Department Election Committee. The Temporary Election Committee shall consist of three members. The Fire Chief shall serve as Chairman of the Committee. The Chief shall appoint two shift members of the Department to serve on the Committee. b. The Temporary Election Committee shall be responsible for organizing, conducting and supervising the initial nomination and election of Department members to serve on the Board. Thereafter, the Board shall establish election procedures consistent with this agreement, and the Temporary Election Committee shall lapse. C. At the first meeting of the Board, five (5) elected Board members' names will be selected at random and their initial term shall expire one (1) year from the date of the initial election. Their successors shall serve a full two year term of office. The remaining five (5) elected Board members will serve a full two (2) year term of office. THE PARTIES (VILLAGE OF ELK GROVE VILLAGE AND THE ELECTED FOREIGN FIRE INSURANCE BOARD) MUTUALLY AGREE TO ACCEPT THIS WORKING AGREEMENT BETWEEN THE PARTIES. THE PARTIES AGREE TO DISSOLVE THIS AGREEMENT UPON THIRTY (30) DAY WRITTEN NOTIFICATION OF INTENTION DELIVERED TO THE VILLAGE MANAGER AND/OR VILLAGE MANAGER'S OFFICE, OR THE CHAIRMAN OF THE FOREIGN FIRE INSURANCE BOARD. Gary E. Parrin Village Manager Chairman - Foreign Fire Insurance Board