CHAPTER 31
CITY COUNCIL
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31.01 Composition 31.02 Election of Aldermen; term and oath 31.03 Meetings 31.04 Quorum 31.05 Reading of minutes 31.06 Council responsibilities 31.07 Other proceedings of Council; Robert's Rules of Order 31.08 Resignation; vacancy 31.09 Council as judge of election of its members 31.10 Disorderly conduct; expulsion 31.20 Attendance at meetings 31.21 Review, approval of appointments 31.22 Obligations of city 31.23 Handling of complaints and suggestions 31.24 Referral of communications 31.25 Conflict of interest 31.26 Compensation Committees |
31.40 Standing committees; duties 31.41 Special committees 31.42 Monthly report 31.55 Preparation of ordinances 31.56 Procedure for passage of ordinances 31.57 Filing of resolution 31.58 Vote required; yeas and nays 31.59 Ordinances to be recorded by Clerk 31.60 Preservation and correction of ordinances 31.61 Date of passage and publication to be recorded 31.62 Recodified ordinances 31.63 No suit released by repeal of ordinance 31.64 Officers may elect remedies from which to proceed |
§ 31.01 COMPOSITION.
The City Council shall consist of the Mayor and Aldermen. It shall sit with open doors; and shall keep a journal of its own proceedings.
§ 31.02 ELECTION OF ALDERMEN; TERM AND OATH.
Two Aldermen shall represent each ward, one (1) from each ward being elected every two (2) years to serve four (4) years and the eight (8) Aldermen so elected shall comprise the City Council.
Aldermen shall hold office for a term of four (4) years, and until their successors are elected and have qualified.
Before entering upon the duties of his office, each Alderman shall take the oath prescribed for all city officials.
§ 31.03 MEETINGS.
Regular and adjourned.
The City Council shall hold regular meetings on the first and third Monday of each calendar month at the hour of 6:30 p.m.; however, when a date fixed for any regular meeting of the Council falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the succeeding day not a holiday. All meetings of the Council shall be held in the Council chambers at the city hall. An adjourned meeting may be held for the purpose of completing the unfinished business of a regular meeting at such time as may be determined by the Council.
On the second Monday of each calendar month, or such other time as designated by the Mayor, the Council shall meet at 6:30 p.m. for the purpose of holding standing committee meetings.
(Ord. 1453, passed 5-20-85; Am. Ord. 1616, passed 12-18-89)
Special meetings may
be called by the Mayor or by any three (3) members of the Council in writing,
filed with the City Clerk. At least
twenty four (24) hours written notice shall specify the time and purpose of
each meeting and shall be delivered to each member of the Council personally,
if he can be found, and if he cannot be found, then by leaving a copy of such
notice at the home of the Council member. Special meetings may be held without
such notice when all members of the Council are present in person, or consent
in writing to the holding of such meeting, such written consent to be filed
with the Clerk prior to the beginning of the meeting. Any special meeting attended
by all of the members of the Council shall be a regular meeting for the
transaction of any business that may come before such meeting.
Cross-reference:
Aldermen required to attend meetings, see § 31.20
§ 31.04 QUORUM.
A majority of the corporate authorities shall constitute a quorum to do business. A smaller number, however, may adjourn from time to time, and may compel the attendance of absentees, under whatever penalties, including a fine for a failure to attend, the Council may prescribe by ordinance.
§ 31.05 READING OF MINUTES.
Unless a reading of the minutes of a City Council meeting is requested by members of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof.
§ 31.06 COUNCIL RESPONSIBILITIES.
It
shall be the responsibility of the City Council to determine the policy and
direction of the city through the supervision of the City Administrator.
(Ord.
1366, passed 8-2-82)
§ 31.07 OTHER PROCEEDINGS OF COUNCIL; ROBERT'S RULES OF ORDER.
All proceedings of the City Council not specifically provided for in this chapter shall be in accordance with rules of order and procedure to be adopted by the City Council, otherwise in accordance with Robert's Rules of Order.
§ 31.08 RESIGNATION; VACANCY
An Alderman may resign from his office. A vacancy occurs in the office of Alderman by reason of resignation, failure to elect or qualify, death, permanent physical or mental disability, conviction of a disqualifying crime, abandonment of office, or removal from office or of residence from the ward. If a vacancy occurs in the office of Alderman in any such manner or otherwise, the vacancy shall be filled for the unexpired balance of the term at the next succeeding general municipal election as set forth in Ill. Rev. Stat., Ch. 24, § 3-2-7. The Mayor with the advice and consent of the City Council may appoint a person to serve as an Alderman in the vacancy until the next general municipal election, as provided in this section and until the person elected qualifies. (Ill. Rev. Stat., Ch. 24, § 3-4-14)
§ 31.09 COUNCIL AS JUDGE OF ELECTION OF ITS MEMBERS.
The City Council shall be the sole judge of the election to office of the Alderman. It shall also be the sole judge whether under § 30.21, Aldermen are eligible to their offices. However, a court shall not be prohibited from hearing and determining a proceeding quo warranto.
§ 31.10 DISORDERLY CONDUCT; EXPULSION.
The City Council shall determine its own rules of proceeding and punish its members for disorderly conduct. With the concurrence of two-thirds of the Aldermen elected, it may expel an Alderman, but not a second time for the same offense.
§ 31.20 ATTENDANCE AT MEETINGS.
Aldermen shall attend all meetings of the City Council and all meetings of committees of which they are members.
Cross-reference:
Regular and special meetings, see § 31.03
§ 31.21 REVIEW, APPROVAL OF APPOINTMENTS.
The City Council shall review and approve the appointment of boards and officers appointed by the Mayor. The Council shall not approve those appointments which are reserved to the office of the City Administrator.
§ 31.22 OBLIGATIONS OF CITY.
The Aldermen shall make no action or statements as an individual which obligates the city. The City Council is a corporate entity. Unless doing something legal delegated to him, a Council member, when not sitting at a legal Council meeting, has no power to prerogative, except as conservator of the peace (Ill. Rev. Stat. Ch. 24, § 3-9-4) than any other citizen of a municipality. The members of a Council may agree specifically and separately to a certain transaction, but such transaction has not force unless acted upon and passed at a legal meeting of the Council.
§ 31.23 HANDLING OF COMPLAINTS AND SUGGESTIONS.
The Aldermen shall inform the administration of complaints and suggestions.
§ 31.24 REFERRAL OF COMMUNICATIONS.
An Alderman shall, without delay, deliver to the site of the officers of the city and to all committees of the City Council, all communications referred to those officers or committees of that body.
§ 31.25 CONFLICT OF INTEREST.
Each Alderman shall abide by the statutes dealing with conflict of interest, as amended from time to time. Although each Alderman is responsible for complying with the state statutes dealing with conflict of interest as they arise, as a matter of convenience, the existing statutes on interest and contracts, work, or business of the municipality is set forth below. No municipal officer shall be interested, directly or indirectly, in his own name or in the name of any other person, association, trust, or corporation, in any contract, work, or business of the municipality, or in the sale of any article, whenever the expense, price, or consideration of the contract, work, business, or sale is paid either from the treasury or by assessment levied by any statute or ordinance. No municipal officer shall be interested, directly or indirectly, in the purchase of any property which belongs to the municipality, or is sold for taxes or assessments, or is sold by virtue of legal process at the suit of the municipality.
However, any elected or appointed member of the governing body may provide materials, merchandise, property, services, or labor, if:
The contract is with a person, firm, partnership, association, corporation, or cooperative association in which such interested member is the governing body of the municipality has less than a seven and one-half percent (7½%) share in the ownership;
Such interested member publicly discloses the nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract;
Such interested member abstains from voting on the award of the contract, though he shall be considered present for the purpose of establishing a quorum;
Such contract is approved by a majority vote of those members presently holding office;
The contract is awarded after sealed bids to the lowest responsible bidder if the amount of the contract exceeds one thousand five hundred dollars ($1,500.00), but the contract may be awarded without bidding if the amount is less than one thousand five hundred dollars ($1,500.00); and
The award of the contract would not cause the aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed twenty five thousand dollars ($25,000.00).
In addition to the above exemptions, any elected or appointed member of the governing body may provide materials, merchandise, property, services, or labor if:
The award of the contract is approved by a majority vote of the governing body of the municipality provided that any such interested member shall abstain from voting;
The amount of the contract does not exceed one thousand dollars ($1,000.00);
The award of the contract would not cause the aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed two thousand dollars ($2,000.00);
Such interested member publicly discloses the nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and
Such interested member abstains from voting on the award of the contract, though he shall be considered present for the purposes of establishing a quorum.
A contract for the procurement of public utility services by a municipality with a public utility company is not barred by this section by one or more members of the governing body being an officer or employee of the public utility company or holding an ownership interest of no more than seven and one-half percent (7½ %) in the public utility company. An elected or appointed member of the governing body having such an interest shall be deemed not to have a prohibited interest under this section.
Nothing
contained in this section, including the restrictions set forth in divisions
(B), (C), and (D), shall preclude a contract of deposit of monies, loans or other
financial services by a municipality with a local bank or local savings and
loan association, regardless of whether a member or members of the governing
body of the municipality are interested in such bank or savings and loan
association as an officer or employee or as a holder of less than seven and
one-half percent (7½ %) of the total ownership interest. A member or members
holding such an interest in such a contract shall not be deemed to be holding a
prohibited interest for purposes of this section. Such interested member or
members of the governing body must publicly state the nature and extent of
their interest during deliberations concerning the proposed award of such a
contract, but shall not participate in any further deliberations concerning the
proposed award. Such interested member or members shall not vote on such a
proposed award. Any member or members abstaining from participation in
deliberations and voting under this section may be considered present for
purposes of establishing a quorum. Award of such a contract shall require
approval by a majority vote of those members presently holding office.
Consideration and award of any such contract in which a member or members are
interested may only be made at a regularly scheduled public meeting of the
governing body of the municipality.
(Ill. Rev. Stat., Ch. 24, § 3-14-4(f))
§ 31.26 COMPENSATION.
Each
Alderman shall receive a sum for attending regular meetings of the City Council
and a sum for attending special meetings of the City Council. Each Council
member shall be entitled to be paid for two (2) regular meetings per year
absent for good cause shown. The salary of each Alderman shall be paid in
quarterly installments out of the City Treasury.
(Am. Ord. 1299, passed 8-4-80)
§ 31.40 STANDING COMMITTEES; DUTIES.
The City Council shall be organized into the following standing committees:
Finance (general office; fiscal; personnel).
Public Works (water and sewer; streets and alleys; building and grounds; and cemetery).
Public Safety (police, fire; rescue; and ESDA).
The standing committees shall consist of at least three members, each to be appointed by the Mayor, by and with the consent of the Council.
The
Mayor shall have the power to appoint such other committees of the Council as
may be desirable consisting of at least three (3) members who shall be
appointed by and with the consent of the Council.
(Am. Ord. 1305, passed 5-19-80)
It shall be the duty of the standing committees of the City Council to be cognizant of the affairs of their respective departments of the city government. Each committee shall promptly and thoroughly investigate all matters which may be referred to it, and make policy recommendations to the Council. Each committee shall keep minutes and records of each committee meeting shall be made available to the City Council at the Council meeting immediately following each committee meeting. All committee meetings shall be open to the public.
§ 31.41 SPECIAL COMMITTEES.
Special committees shall be appointed by the Mayor, by and with the consent and approval of the City Council.
§ 31.42 MONTHLY REPORT.
Upon the request of any two (2) Aldermen present, any report of a committee of the City Council shall be deferred, for final action thereon, to the next regular meeting of the Council after the report is made.
§ 31.55 PREPARATION OF ORDINANCES.
The City Attorney shall cause to be prepared all ordinances, resolutions, and other instruments pertaining to City Council business, pursuant to the direction of the Council, or which he is requested to prepare by any member of the Council, by the Mayor, or he shall prepare on his own initiative.
§ 31.56 PROCEDURE FOR PASSAGE OF ORDINANCES.
No ordinance can be passed unless it is read at least two (2) meetings of the City Council unless the Council unanimously votes to waive this requirement at a meeting at which a quorum of the Council is present. It is not necessary to read the full text of an ordinance if copies are made available to the press and public prior to the reading of the ordinance; in such situations, the formal reading of the title only is sufficient.
(Am. Ord. 1232, passed 3-20-78)
§ 31.57 FILING OF RESOLUTION.
All reports and resolutions shall be filed with the City Clerk and entered on the minutes by title unless otherwise specified by the City Council.
§ 31.58 VOTE REQUIRED; YEAS AND NAYS.
The passage of all ordinances for whatever purpose, and of any resolution or motion to create any liability against a city or for the expenditure or appropriation of its money, shall require the concurrence of a majority of all members then holding office on the City Council, including the Mayor, unless otherwise expressly provided by this code or any other act governing the passage of any ordinance, resolution, or motion; provided, that, where the Council consists of an odd number of Aldermen, the vote of the majority of the Aldermen shall be sufficient to pass an ordinance. The passage of an ordinance, resolution, or motion to sell city property shall require the concurrence of three-fourths (¾) of all Aldermen then holding office. The yeas and nays shall be taken upon the question of the passage of the designated ordinances, resolutions, or motions and recorded in the journal of the City Council.
§ 31.59 ORDINANCES TO BE RECORDED BY CLERK
All ordinances passed by the City Council shall be deposited in the office of the City Clerk, and shall be duly recorded by the Clerk in the record book of ordinances, and appropriately indexed by their titles of subjects, and one copy to be supplied to the Police Department.
§ 31.60 PRESERVATION AND CORRECTION OF ORDINANCES.
The City Clerk shall file and carefully preserve the originals of all ordinances deposited in his office. He may correct any errors in the numbering of any chapter, article, or section of any ordinance, and insert the proper numbers; and he may omit words inserted or supply, with brackets, words omitted by clerical mistake.
§ 31.61 DATE OF PASSAGE AND PUBLICATION TO BE RECORDED.
The City Clerk shall make, at the foot of the record of each ordinance recorded as aforesaid, a memorandum of the date of its passage and of the publication of such ordinance (when required to be published), together with the name of the paper publishing the same. Publication may take place in pamphlet form when publication in a newspaper is not specifically required by ordinance or statute.
§ 31.62 RECODIFIED ORDINANCES.
The recodified ordinances of the city, when published in book form by authority of the City Council, as set forth in § 31.61, shall be deposited in the office of the City Clerk. He shall deliver one copy to each officer of the corporation, and to such other persons as the Mayor or City Council may direct.
§ 31.63 NO SUIT RELEASED BY REPEAL OF ORDINANCE.
No suit, proceeding, fine, penalty, forfeiture, debt, right, or other liability whatever, instituted, incurred, created, given, or accrued, by or under any ordinance of the city, prior to its repeal or modification, shall be annulled, released, discharged, or in any way affected by the passage of such repealing or modifying ordinance; but the same may be prosecuted, recovered, completed, and enjoyed, as fully in all respects as if such ordinance or part thereof had remained in full force, unless otherwise expressly provided in the ordinance making such repeal.
§ 31.64 OFFICERS MAY ELECT REMEDIES FROM WHICH TO PROCEED.
When any fine or penalty shall be provided by different ordinances, or by different sections or clauses of the ordinances of the city, for the same offense, the officer or person prosecuting may elect under which ordinance or section to proceed; but not more than one recovery shall be had against the same person for the same offense.