Chapter 2 - Administration

21 December 2017

 

                                                                   CHAPTER 2

 

                                                            ADMINISTRATION

 

Art.      I           In General.  Secs. 2-01 - 2-25

Art.      II         City Clerk.  Secs. 2-26 - 2-39

Art.      III        City Council. Secs. 2-40 - 2-48

Reserved.  Secs. 2-49 - 2-57

Art.      IV        City Treasurer. Secs. 2-58 - 2-70

Art.      V         Collector of Special Assessments.  Secs. 2-71 - 2-83

Art.      VI        Consulting Engineer.  Secs. 2-84 - 2-88

Art.      VII      Reserved.  Secs. 2-89 – 2-110 Reserved.

Art.      VIII     Law Department.  Secs. 2-111 - 2-132

Art.      IX        Mayor.  Secs. 2-133 - 2-143

Art.      X         Municipal Purchasing.  Secs. 2-144 - 2-161

Art.      XI        Plan Commission.  Secs. 2-162 - 2-178         

Art.      XII      Reserved.  Secs. 2-179 – 2-185 Reserved.

Art.      XIII     Comptroller.  Secs. 2-186 - 2-200.

Art.      XIV     Reserved.   Secs. 2-201 - 2-215 Reserved.

Art.      XV      Code Enforcement Department.  Secs. 2-216 - 2-220

Art.      XVI     Code of Ethics.  Secs. 2-221 - 2-226

Art.      XVII   Department of Social Services. 2-228 - 2-231.

Art.      XXII    Office of Media and Cultural Engagement 2-248-2-49.  

         

 

ARTICLE I.  IN GENERAL

 

Cross Reference - Animal commissioner, Sec. 6-1; electrical commission, Sec. 8-37 et seq; plumbing code, Sec. 8-110 et seq; civil defense organization, Sec. 10-2; elections and ward boundaries, Sec. 12-1 et seq; fair housing commission, Sec. 13-5 et seq; fire department, Sec. 14-1 et seq; fire chief, Sec. 14-3 et seq; assistant  fire chief, Sec 14-7; fire inspector, Sec. 14-9; assistant fire inspector, Sec. 14-10; health department, Sec. 18-1; board of health, Sec 18-5 et seq; board of directors for library, Sec. 20-3 et seq; interference with City employees prohibited, Sec. 22-23; City marshal and deputies, Sec. 27-35 et seq; police department, Sec. 26-54 et seq; police chief, Sec. 27-57 et seq; director of traffic control, Sec. 27-62 et seq; dispatcher, Sec. 27-65 et seq; taxation. Sec. 31-1 et seq; parking commission, Sec. 32-188 et seq; water pollution control department, Sec. 34-15 et seq; superintendent of sewage and treatment works, Sec. 34-19.

 

 

Sec. 2-01.        Fiscal year.

 

The fiscal year of the City shall commence on the first day of May in each year, and terminate on the thirtieth (30) day of April of the succeeding year.  (Code 1965, Sec. 4.03) (Ord No. 89-24, Sec. 1, 7-3-89)

 

Sec. 2-01.1.     Authority to issue tickets and citations.

 

For the purpose of the enforcement of the provisions of this Code and other ordinances of the City, members of the Police Department and department heads and their assistants shall have the authority to issue tickets and citations for violation of such provisions of this Code or ordinances.  For purposes of this section, department heads shall include, in addition to the chiefs of the fire department and the police department, the following officers: health officer, superintendent of the department of sewage and sewage treatment, animal commissioner and parking administrator.

 

Sec. 2-02.        Bonds required from City officers.

 

Before entering upon the duties of his office, a City officer shall execute a bond to the City, with sureties to be approved by the City Council.  The bond shall be conditioned upon the faithful performance of the duties of the office and the payment of all money received by such officer, according to law and the ordinances of the City, and shall be payable to the City in the following penal sums for the offices indicated:

 

(1)        Mayor                                                                          $  3,500.00

 

(2)        City Clerk                                                                       5,000.00     

 

 (3)        City Treasurer.  (An amount of money not

less than three (3) times the latest federal census

population or any subsequent census figure for Motor Fuel tax purposes.)

 

(4)        Collector of special assessments                                 10,000.00       

 

(5)        Corporation Counsel                                                     1,000.00

 

(6)        Chief of Police and each member of                               500.00       

the Police Department.                                                                      

 

(7)        Fire Chief                                                                         500.00

 

(8)        Superintendent of Environmental Services

Utility                                                                              500.00

 

(9)        Assistant Superintendent of

            Environmental Services Utility                                                                                                                                                                                                 1,000.00

           (10)       Health Officer                                                                 500.00

 

           (11)       Superintendent of sewage and

sewage treatment                                                         10,000.00      

 

           (12)       City electrician                                                                  500.00

           

           (13)       Members parking commission                               500.00

 

           (14)       Comptroller.  (An amount not less

than three (3) times the latest

federal census population or any

subsequent census figure used for

motor vehicle tax purposes.)

 

          (15)        Plumbing inspector                                                        1,000.00

 

(Code 1965, Sec. 4-10; Ord. No. 77-34, Sec. 1, 5-16-77; Ord. No. 78-25, Sec. 4, 7-24-78)

 

State law reference - Bonds required for municipal officers, Ill. Rev. Stat. Ch. 24 Sec. 3-14-3.

 

Editor's note - Ord. No. 78-25, Sec. 4 adopted July 24, 1978, amended Sec. 2-2 by adding a subsection (14), which the editor has redesignated subsection (15) inasmuch as Ord. No. 77-34, Sec. 1, adopted May 16, 1977, had previously added a subsection (14).

 

Sec. 2-03.        Additional or new bond required when old bond insufficient.

 

The City Council may require any officer who is required by law to give an official bond, to furnish additional security or execute a new bond whenever the security of the original bond has become insufficient by the insolvency, death or removal of the sureties, or any of them, or when for any cause such bond shall be deemed insufficient.  Any officer who fails to furnish additional security, or give a new bond, when so required by the Council, within ten (10) days after he is notified in writing of such requirement, shall be deemed to have vacated his office.  (Code

1965, Sec. 4-11)

 

Sec 2-04.         Duty of City Officers to make reports.

 

Officers of the City shall, in addition to the reports required to be made by them, report in writing to the Mayor, when so required, the condition and business of their respective offices or departments, and all matters therein touching the interests of the City.  All such officers shall, when requested, give all the information in their power pertaining to their offices, to the Mayor, the City Council or any committee thereof.  (Code 1965, Sec. 4.11)

 

Sec. 2-05.        Liability of City Officers for negligence.

 

Officers shall be liable to the City for all loss or damage that may result thereto from their negligence or willful misconduct in the discharge of any official duty.  The City Council may, in its discretion, by order, withhold the salary of any such officer in order to secure the City from loss.  (Code 1965, Sec. 4.11)

 

State law, reference Local Government and Government Employees Tort Immunity Act, Ill. Rev. Stat. Ch. 85, 1-101 Sec. et seq.

 

Sec. 2-06.        Vacancy of office by City officer or alderman.

 

If the Mayor, or other City officer, shall, during his official term, remove beyond the limits of the City, his office shall thereby become vacant.  If any alderman shall remove from the ward in and for which he was elected, his office shall thereby become vacant.  (Code 1965, Sec. 4.11).

 

State law reference-Vacancies by officers, Ill. Rev. Stat. Ch. 24, Sec. 3-7-2.

 

Sec. 2-07.        Leaves of absence for City Officers.

 

Any officers who may desire to be temporarily absent from the City, shall apply to the City Council, if in session, or, if not, to the Mayor, for leave of absence which may be granted by the Mayor, for any time not exceeding one (1) month, and by the Council for any time not exceeding three (3) months.  Any officer who shall absence himself from the City for more than one (1) week, without obtaining such leave of absence, shall incur a penalty of twenty-five dollars ($25.00) for every such offense.  (Code 1965, Sec. 4.11).

 

Sec. 2-07.1.     Commencement of terms and date of inauguration of City Officers.

 

(a)        The terms of elected municipal officers of the City shall commence at the first regular City Council meeting in the month of May following the proclamation of the results of the regular municipal election at which such officers were elected during the month of April.

 

(b)        The date of inauguration of newly elected officers of the City, following the proclamation of the results of the regular municipal election held in April, shall be fixed as the first regular meeting of the City Council in the month of May following such election.  (Ord. No. 81-8, Secs. 1,2, 3-16-81)

 

Editor's note - Ord. No. 81-8, Secs. 1,2, adopted March 16, 1981, enacted provisions codified as Sec. 2-7.1 above.  Since said ordinance did not specifically amend the Code, the manner of codification has been at the editor's discretion.

 

Sec. 2-08.        Removal of City officers.

 

(a)        Whenever any charge is preferred against any alderman, or other officer of the City upon which action may be taken by the City Council, the same shall be referred to an appropriate standing or special committee of that body, whose duty it shall be to examine and report as to whether such charge is well founded or not, and such committee may, when deemed necessary, be empowered to send for persons and papers.

 

(b)        It shall be the duty of the City Clerk to issue summons, signed by the Mayor, for all witnesses and the production of all papers that may be required before the Council, or any committee thereof, and deliver the same to the Chief of Police or any police officer, who shall serve such summons by reading or delivering a copy thereof to the person summoned, and make return in what manner has executed the same.  No person shall neglect or refuse to appear or testify when so summoned, or to produce any papers in his possession or under his control pertaining to any such investigation by the City Council, or any committee thereof.  (Code 1965, Sec. 4.12)

 

State law references- Removal of City officers by Mayor.  Ill. Rev. Stat. Ch. 24, Sec. 3-11-1; removal of municipal officers for misconduct.  Ch. 24, Sec. 3-14-5.

 

Sec. 2-09.        Duty of City Officers to turn over books, records, etc. to successor.

 

Upon the expiration of their term of office, or their resignation or removal, all City officers shall deliver to their successors in office, all books, records, equipment and property of every description, in their possession, belonging to the City or pertaining to their office.

 

Sec. 2-10.        Maintenance responsibility for City property.

 

(a)        Department heads.  The department head of the respective departments shall be the official custodian to the buildings and grounds used by his department.

 

(b)        Chief of Police.  The Chief of Police shall be custodian of the parking areas of the City hall and adjacent grounds of the City jail.

 

(c)        Fire Chief.  That portion of the City hall occupied by the fire department shall be under the jurisdiction and custody of the fire chief and he shall also be custodian of all other buildings used by the Fire Department.

 

(d)       Librarian.  The City librarian shall be custodian of the City library and grounds and other property used or related to the library.  (Code 1965, Sec. 4.16)

 

Sec. 2-11.        Maintenance man generally.

 

The position of maintenance man for the City Hall building and grounds is hereby created.  The Mayor shall appoint such a person.  (Code 1965.  Sec. 4.16)

 

Sec. 2-12.        Maintenance supervisor generally.

 

The position of maintenance supervisor of mechanical equipment is hereby created.  It shall be the duty of such supervisor to mechanically maintain all of the equipment owned by the City used by the police, fire and street and alley departments.  His duties shall be performed under the direction of the Mayor .  (Code 1965, Sec. 4.16)

 

Sec. 2-13.        Sick leave and vacation periods for City employees.

 

(a)        All full-time City employees shall be allowed during the space of the calendar year computed from their first day of employment a period of ten (10) days paid sick leave.  This section shall be construed to mean that full-time City employees are those employed in a full-time capacity by the City working minimum of forty (40) hours per week, and shall not apply to part-time or temporary help.  Part-time or temporary help shall not receive paid sick leave or paid vacation time.  The ten (10) days allowed as paid sick leave time shall not be accumulated and upon the expiration of a calendar year, shall not be added or tacked on to the ensuing year for any purpose.  All full-time City employees shall receive, after one full year of service, a paid vacation in the amount of one calendar week or a period not to exceed seven (7) days.  After two (2) years of service by any City full-time employee, a period not to exceed two (2) calendar weeks shall be allowed as a paid vacation.  After fifteen (15) years of service by any full-time City employee, a paid vacation not to exceed three (3) calendar weeks shall be allowed.  After twenty (20) years of service by any full-time City employee, a paid vacation not to exceed four (4) calendar weeks shall be allowed.

 

(b)        This section shall not apply to those employees of the City who are covered under another contract of employment with the City which established sick pay and vacation periods under the terms of such contract.  (Code 1965, Sec. 4.18)

 

Sec. 2-14.        Datum established; elevations for grades of streets, sidewalks, etc.

 

(a)        The City of Kankakee datum plane is hereby established to be 200.93 feet below the top of the bronze marking tablet, United States Geological Survey Bench Mark (658.49) located at the southeast corner of the south entrance to the Kankakee Post Office near the southeast corner of Block 13, Original Town, City of Kankakee, Illinois.

 

(b)        Elevations for curbs, sidewalks, pavements and sewers shall be constructed to grades as determined from the City of Kankakee datum plane or the United States Geological Survey Datum Plane.  (Code 1965, Sec. 16)

 

Cross Reference-Grades for sidewalk construction, Sec. 29-122 (Code 1965, Sec. 16)

 

Sec. 2-15.        No issuance of permit to applicant indebted to City.

 

No permit required by this Code including permits for sewer service, a building permit, electrical permit or plumbing permit shall be issued to any person who is indebted to the City, or to any department thereof, or who is indebted to the City for any fine or penalty adjudged against such person for the violation of any ordinance of the City, unless indebtedness or the fine penalty is first paid.

 

Cross Reference - No issuance of license to applicant indebted to City, Sec. 21-2.

 

Sec. 2-16.        Manner and method of publication of treasurer's annual account of monies received and expenditures incurred during preceding fiscal year.

 

(a)        The City Clerk on or before September 1, of each year shall cause to be published at least once in a newspaper of general circulation in the City of Kankakee, Illinois, a notice of filing by the municipal treasurer of an account of all monies received and expenditures incurred during the preceding year in a form substantially as set forth in the following subsection of this section.

 

(b)        The form of notice required by this section shall be substantially as follows:

 

STATE OF ILLINOIS                       )

)  Notice of filing of                                                   

 

COUNTY OF KANKAKEE

                                                            )  Treasurer's Annual Account

CITY OF KANKAKEE                    ) 

 

Please take notice that the annual account of all monies received and expenditures incurred during the preceding fiscal year has been filed in my office by the City Treasurer of City of Kankakee, Illinois.  Copies of said account with detailed receipts and expenditures are available for inspection in the City Clerk's Office, City Hall, 385 E. Oak St., Kankakee, Illinois, between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday.

 

Said account reflects total balances as follows:

 

Beginning balance May 1, 19                                                 $     

Monies received May 1, 19   to April 30, 19                                      $     

            Exp. incurred May 1, 19     to April 30, 19                             $    

 

Balance April 30, 19                                                                           $    

 

Dated                         , 19    .                           

City Clerk

 

(c)        The publication of the notice required by this section shall be in lieu of the publication requirements of Section 3-10-5.1 of Chapter 24, Illinois Revised Statutes, 1971, and upon filing of said account with the county collector as required by Chapter 24, Section 3-10-5.2, the Clerk's affidavits shall state said notice has been published as required by this section under the home rule powers of the City of Kankakee, Illinois.

 

(d)       Any public officer who fails, neglects or refuses to discharge any duty imposed on him by subsections (a)--(c) of this section, or who violates any provisions of subsections (a)--(d) of this section, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00).  (Ord. No. 73-61, Sec. 4, 9-4-73).

 

Sec. 2-17.          Probationary period for qualifying for employee participation in Illinois Municipal Retirement Fund.

 

That Ordinance No. 75-28 and Chapter 2, Section 2-17 be and hereby are repealed retroactive to April 21, 1975.  (Ord. 90-49, Sec. 1-2; 9-17-90)

 

Editor's note.  Ord. No. 75-28 did not expressly amend this Code, hence codification of Secs. 1-3 as Sec. 1-17 was at the discretion of the editors.

 

Sec. 2-18.        Establishing employment rights for employees of the City of Kankakee called to active duty with the Armed Forces.

 

 The following provisions will apply to all employees of the City of Kankakee who are called to active duty with the Armed Forces:

 

(a)        A military leave of absence will be granted to the employee.

 

(b)        The employee will receive the net difference between his military and civilian pay.

 

(c)        The employee's job will remain open for a period of four years, or if service of the employee is extended at the government's request and convenience, for up to five years total.

 

(d)       Continuation of health insurance benefits will be treated as other unpaid leaves of absences as established by the policy of the City of Kankakee at the applicable time.

 

(e)        Health insurance coverage will be provided immediately upon the employees return to his job, without a waiting period subject to the terms of any then existing policy in force and effect.

 

(f)        Benefits that accrue by virtue of continued employment will accrue during a military leave of absence.

 

(g)        Employees will be treated as if they had never left with respect to compensation, benefits, seniority, promotions, etc.

 

(h)        Any and all other provisions of The Veterans' Reemployment Rights Act are hereby incorporated by reference into this Ordinance. (Ord. No. 91-03, Sec. 1, 1-22-91)

 

Sec. 2-19 Electronic Attendance at Meetings Rules.

 

The City of Kankakee, Illinois hereby adopts the Electronic Attendance at Meetings Rules, see the City Clerk’s Office, that permits a member of the public body to attend any meeting of a public body as defined in the Open Meetings Act via electronic means. (Ord 09-25)

 

Sec. 2-20 - 2-25.          Reserved.

 

ARTICLE II.  CITY CLERK

 

Sec. 2-26.        Duties at Council meetings.

 

*Cross Reference-Clerk's duties relative to publication of treasurer's annual account of monies received and expenditures incurred, Sec. 2-16.

 

State law reference-Election, Ill. Rev. Stat. Ch. 24, Sec. 3-10-7 et seq.

 

(a)        The City Clerk shall attend all meetings of the City Council, and shall keep in a suitable book, to be styled the "Record of the City Council" a full and faithful record of its proceedings.  He shall issue and cause to be served upon the aldermen, notices of all special meetings of the City Council.

 

(b)        The City Clerk shall, without delay, upon adjournment of the Council, deliver to the several committees of that body and to the officers of the corporation, all petitions, communications, reports, resolutions, orders, claims, and other papers, referred to those committees or officers by the Council.  He shall also, without delay, deliver to the Mayor all ordinances or resolutions in his charge, which are required to be approved or otherwise acted upon by the Mayor.  (Code 1965, Sec. 4.02).

 

Sec. 2-27.        Duty to prepare documents.

 

The City Clerk shall prepare all commissions, licenses, permits, and other official documents required to be issued by him, under the laws and ordinances of the City, and shall attest the same with the corporate seal.  He shall in like manner, attest all deeds for the sale of real estate owned and conveyed by the City.  (Code 1965, Sec. 4.02).

 

Sec. 2-28.        Appointment of deputy.

 

The City Clerk may, when necessary, appoint a deputy, who, during the temporary absence or disability of the Clerk, shall be empowered to perform all the duties of the Clerk.  (Code 1965, Sec. 4.02).

 

State law references - Authority to appoint deputy Clerk, Ill. Rev. Stat. Ch. 24, Sec. 3-6-3; deputy Clerk generally, Ch. 24, Sec. 3-10-9.

 

Sec. 2-29.        Record keeping.

 

The City Clerk shall carefully preserve in his office all books, records, papers, maps and effects of every description, belonging to the City and pertaining to his office.  Upon the expiration of his official term, he shall, on demand, deliver all such books, records, papers and effects to his successor in office.  (Code 1965, Sec. 4.02)

 

Sec. 2-30.        Compensation for the position of City Clerk

 

The salary of the Clerk of the City of Kankakee, Illinois shall be and is hereby set and established to be in the amount of Thirty-Eight Thousand and no/100s Dollars ($38,000.00) effective May 1, 2009.  Said salary shall increase following each year in an amount equal to One and one-half percent (1.5%) per annum or the rate of increase for the cost of living as determined by the annual cost of living applicable to the City of Kankakee as compared to the previous twelve months, whichever is less.  (Ord. 08-59, 10-06-08)

 

Sec. 2-31 - 2-39.  Reserved.

 

 

ARTICLE III.  CITY COUNCIL

 

*State law references-Election, Ill. Rev. Stat. Ch. 24, Sec. 3-4-1 and 3-4-7 et seq.; City Council, generally, Ch. 24, Sec. 3-11-9 et. seq.

 

Sec. 2-40.        Meetings generally.

 

(a)        Regular meetings.  The regular meetings of the City Council shall be held on every first and third Monday of each month at 7:00 p.m.  When the first or third Monday falls on a public holiday, the Council shall meet at the same hour on the next day following.  Adjourned meetings may be held at such time as may be determined by the Council.  The day and time of a regular meeting may be changed by resolution adopted by the City Council.

 

(b)        Special meetings.  Special meetings of the Council may be called by the Mayor or any five (5) or more aldermen by filing a request therefore in writing with the City Clerk, specifying the purpose for which such special meeting is called and directing the City Clerk to notify the members of the Council of the time, place, and purpose of such meeting.  No business shall be transacted at such special meeting except that specified in the request, unless by unanimous consent of a quorum of the Council.

 

(c)        Place of meeting.  The Council shall meet in the Council room in the City hall building, located at the northwest corner of North Indiana Avenue and East Oak Street.  (Code 1965, Sec. 3.01; Ord. No. 80-84, Sec. 1, 12-15-80; Ord. No. 90-22, Sec. 1, 5-7-90).

 

Sec. 2-40.1.     Smoking prohibited in City Council Chambers.

 

Smoking shall be prohibited in the City Council Chambers of the City of Kankakee, Illinois.  (Ord. No. 83-32, Sec. 1, 7-18-83).

 

Editor's note - Ordinance No.83-32, Sec. 1, adopted July 18, 1983 was non-amendatory of the Code; hence, codification herein as Sec. 2-40.1 was at the discretion of the editor.

 

Sec. 2-41.        Quorum, absences, and penalty for absences.

 

A majority of the aldermen elected to the City Council shall constitute a quorum for the transaction of business.  If for any reason a quorum of the Council shall not appear at any regular or special meeting, the Mayor shall forthwith cause a summons to be served by any person authorized to serve a summons upon the members of the Council who do not appear or remain at such meeting, requiring such absent members to appear forthwith at such meeting or show cause why they should not be subject to the penalties provided in this section.  If it appears from the return of the officer serving the summons, or otherwise, that the absence of such member from such meeting is not the result of sickness, unavoidable accident or leave or absence previously given to such absent member by a vote of the Council, such absent member shall be subject to a penalty of twenty-five dollars ($25.00) and to a like penalty for every meeting he shall thereafter so neglect or refuse to attend.  This section shall not apply to members of the Council absent from the City at the time any special meeting of the Council may be called.  (Code 1965, Sec. 3.01).

 

Sec. 2-41.1.     Department heads attendance at City Council meetings.

 

The following department heads shall be required to attend all regular and special meetings of the City Council:  Chief of Police, Fire Chief, Superintendent of Environmental Services Utility, Comptroller, Code Official and at least one of the City Attorneys, or each and all of them if they have matters on the agenda before the Council.  The attendance of all other department heads is required only if their respective departments have matters on the agenda before the Council.  Those department heads who are required to attend all meetings, or whose attendance is required due to business before the Council, shall only be excused from attendance for sickness, unavoidable accident or absence from the City.  (Ord. No. 72-32 Sec. 1,9-5-72.  Ord. No. 89-48 Sec. 2-41.1) (Ord. No. 03-80)

 

Editor's note- Ord. No. 72-32, Sec. 1, amended this Code by adding provisions designated Sec. 2-41A. Said provisions redesignated as Sec. 2-41.1 to conform with the numbering system in this Code.

 

Sec. 2-42.        Compensation for Position of Alderman.

 

The salary of each Alderman of the City Council of the City of Kankakee, Illinois shall be and is hereby set and established to be in the amount of Ten Thousand and no/100s Dollars ($10,000.00) effective May 1, 2009 for those Aldermen elected on or after the general municipal election conducted in 2009.  Said salary shall increase each following year in an amount equal to One and one-half percent (1.5%) per annum or the rate of increase for the cost of living as determined by the annual cost of living applicable to the City of Kankakee as compared to the previous twelve months, whichever is less.  For those Aldermen whose term does not expire until April 30, 2011, the salaries shall remain as currently established through their current term.  However, effective May 1, 2011, said salaries shall be set as established above with all Aldermen being paid the same amount from that date forward, except as hereinafter set forth.  (Ord. 08-59, 10-06-08

 

Sec. 2-43.        Order of business.

 

At a meeting of the City Council, the Mayor shall take the chair at the appointed hour, and call the members to order.  The roll shall be called, and if a quorum is present, he shall cause the journal of the last meeting to be read.  The Council shall then proceed to the business before them, which shall be conducted in the following order:

 

(1)        The reading of the journal of the last meeting.  Amendments and approval of the same; the journal standing approved unless objected to.

 

(2)        Receiving petitions.

 

(3)        Receiving written communications.

 

(4)        Reports of standing committees.

 

(5)        Reports of select committees.

 

(6)        Reports of officers.

 

(7)        Unfinished business of previous meetings.

 

(8)        New business.

 

(9)        Motions and resolutions.

 

            (10)      Adjournment.  (Code 1965, Sec. 3.02)

 

Sec. 2-44.        Council procedure.

 

(a)        Speaking on the question.  No member shall speak more than twice on the same question without unanimous consent of the City Council, nor more than once until every member wishing to speak shall have spoken.  Speeches on all questions shall be limited to ten (10) minutes.

 

(b)        Voting.  Every member present when a question is taken, shall vote, unless excused by the Council, or unless he may be directly interested in the question, in which case he shall not vote.  Every motion shall be reduced to writing if the Mayor or any member desires it.

 

(c)        Question to be stated.  Every question or motion when seconded shall be stated by the Mayor distinctly before it is open for debate.  The Mayor may call any member to perform the duties of the chair, but such substitution shall not extend beyond an adjournment.

 

(d)       Votes to be recorded.  If any member requires it, the ayes and nays upon any question shall be taken and entered on the journal.

 

(e)        Motion to lay on the table.  A motion to lay on the table simply shall not be debatable, but a motion to lay on the table with any condition shall be subject to amendment and debate.

 

(f)        Clerk to forward papers.  The City Clerk shall forward all papers to the appropriate committee and officers, as early as the third day after the reference shall have been made.

 

(g)        Ordinances to be read.  Every ordinance shall be read when introduced, and lie over until the next regular meeting of the City Council.

 

(h)        Reconsideration of motions.  When a motion has once been carried in the affirmative or negative, it shall be in order for any member who voted on the side which prevailed, to move for a reconsideration thereof at the same meeting of the City Council, but not at any time thereafter, but no question that has been once decided and reconsidered, and decided a second time, shall again be considered.

 

(i)         Written communications.  Written communications received by the City need not be read in full, but the City Clerk may report the substance thereof only to the Council and thereafter the Mayor may refer to communication to the appropriate committee; provided, however, that any such communication shall be read in full and separately acted upon by the Council if so requested by the Mayor or any member of the Council.  Upon completion of the reading or reporting of all communications, a motion shall be made and a vote taken relative to the referrals of the communication made by the Mayor.

 

(j)         Referral to committee.  When any new matter is introduced at any meeting, it shall be referred by the Mayor without discussion to the appropriate committees, and lay over until the next meeting, unless by the consent of two-thirds (2/3) of all of the members of the Council, the same shall be taken up for immediate consideration.

 

(k)        Claims against the City.  No claim shall be allowed unless it has been filed in the office of the City Clerk on or before the Thursday preceding the date that it is to be presented to the Council for its approval.  This rule shall not apply to the regular semi-monthly payroll of the officers and employees of the City, or to the payment of claims which are authorized to be paid by special resolution.

 

(l)         Addressing the Council.  No person not a member of the Council, except City officials, elective or appointive, shall have the privilege of addressing the Council without consent of two-thirds (2/3) of all members present.

 

(m)       Robert's Rules of Order.  In all matters not particularly specified in the above         rules, the Council shall be governed by "Robert's Rules of Order" for parliamentary and legislative practice.

 

(n)        Conduct of visitors.  No person, acting for himself or another, shall be allowed upon the floor of the Council (meaning that portion in front of the railing) while any legislation is pending before the Council in which the above mentioned parties are interested.

 

(o)        Councilmen not to leave seats.  No member of the Council shall leave his seat during a Council meeting without first obtaining permission of the chair.

 

(p)        Changes in procedure.  These rules of procedure shall not be repealed, altered, amended or suspended, unless by the concurrence of two-thirds of all the aldermen elected.

 

(q)        Petitions, applications, requests presented to the City Council.  Any petitions, applications or requests to be presented to the City Council at its regular meeting must be filed in the office of the City Clerk at or before five p.m. on Wednesday preceding a regular City Council meeting.  (Code 1965, Sec. 3.03; Ord. of 5-15-67, Sec. 1; Ord. 95-27, 5-1-95).

 

Sec. 2-45         Standing committees generally.

 

(a)        That standing committees of the City Council shall be composed of not less that three (3) members, and shall be appointed by the members of the City Council annually, on or before May 15th of each year; and the first person named in the committee shall be the chairman thereof.  In the absence of the chairman, his designee of the committee shall act as chairman.

 

(b)        The following standing committees shall be annually appointed:

 

(1)        Budget (Finance)

 

(2)        Environmental Services Utility

 

(3)        Community Development and Community Relations (Community Development Agency, Public Relations, and Planning).

 

(4)        Ordinance and Judiciary

 

(5)        License and Franchise

 

(6)        Public Safety (Police & Fire)

 

(7)        Planning & Code Enforcement (No. 1-7 amended per Ord 03-80, Sec. 3,4)

 

(Code 1965 Sec. 3.04, No 71-22, Sec. 1, 5-17-71; Ord. No. 73-39, Sec. 1, 5-7-73; Ord. No. 77-35, Sec. 1, 5-16-77; Ord. No. 78-22, Sec. 1, 6-5-78; Ord. No. 81-17, Sec. 1, Ord. No. 86-22, Sec. 1, 5-12-86, 4-20-81; Ord. 89-22, Sec. 1, 6-5-89).

 

Cross Reference--Duties of public relations committee regarding affirmative action program, Ch. 3 1/2-6. Ord. repealed by Ord. 89-45).

 

Sec. 2-45.1      Compensation for Chairman of Budget; Environmental Services Utility; License and Franchise; and Public Safety Committees.

 

The duly appointed Chairman of Budget, Environmental Services Utility Board, License and Franchise Committee and Public Safety Committee shall receive, in addition to their compensation described above, additional compensation in the amount of One Thousand and no/100s Dollars ($1,000.00) per annum.  (Ord. 08-59, 10-06-08)

 

Sec. 2-46.        Committee procedure.

 

(a)        Subparagraph (a) deleted. (Ord. 89-22, Sec. 2,6-5-89)

 

(b)        Reports.  All reports of committees shall be addressed to the City Council.  All standing or select committees to whom any matter may be referred shall report thereon in writing as soon as the third regular meeting of the Council after any such reference shall have been held.  The report shall be signed by a majority of the committee.

 

(c)        Action to be deferred.  Any report of a committee of the Council shall be deferred for final action thereon, to the next regular meeting of the same after the report is made, upon the request of any two (2) aldermen present.

 

(d)       Data to be attached.  Every committee of the Council in reporting upon any subject referred to them, shall attach to their report, all papers or documents in the possession of the committee, relative to the matter referred.  (Code 1965, Sec. 3.04).

 

Sec. 2-47.        Budget committee; powers and duties.

 

Editor's note--Section 2-47 "Finance committee generally," was repealed by Sec. 1 of Ord. 77-37, adopted May 16, 1977.  Formerly Sec. 2-47 was derived from Code 1965, Sec. 3.06

 

The budget committee of the City Council shall have the following powers and duties:

 

(1)        Permit, encourage and suggest the use of efficient planning, budgeting, auditing, reporting, accounting and other fiscal management procedures in all municipal departments, commissions and boards.

 

(2)        Compile an annual budget.

 

(3)        Examine all books and records of all municipal departments, commissions and boards which relate to moneys received by the municipality, municipal departments, commissions and boards and paid out by the municipality, municipal departments, commissions and boards, debts and accounts receivable, amounts owed by or to the municipality, municipal departments, commissions and boards.

 

(4)        Obtain such additional information from the municipality, municipal departments, commissions and boards as may be useful to the budget committee for purposes of compiling a municipal budget, such information to be furnished by the municipality, municipal departments, commissions and boards in the form required by the budget committee.  Any department, commission board which refuses to make such information as requested of it available to the budget committee, shall not be permitted to make expenditures under any subsequent budget for the municipality until such municipal department, commission or board shall comply in full with the request of the budget committee.

 

(5)        Initiate, maintain and monitor such procedures as shall ensure that no expenditures are made by the municipality, municipal departments, commissions or boards except as authorized by the budget,  (Ord. No. 77-42, Sec. 1, 5-16-77)

 

Sec. 2-48.        Committee for buildings and grounds generally.

 

The Mayor shall appoint a committee of not less that three (3) aldermen to be known as public grounds and buildings committee.  The first member so designated shall be the chairman of the committee.  The committee shall have jurisdiction over the public buildings and real estate owned by the City and shall approve and authorize expenditures for repairs, renovations, maintenance, upkeep and improvements of the buildings and grounds within the limits of expenditures specified by the City Council.  (Code 1965, Sec. 3.07).

 

Sec. 2-49 -2-57.  Reserved.

 

 

 

ARTICLE IV.  CITY TREASURER

 

Sec. 2-58.        Making the office of City Treasurer appointed.

 

As established by the City Council of the City of Kankakee, the office of Treasurer of the City of Kankakee shall immediately become an appointed position, the vacancy for which shall be filled in accordance with the laws of the State of Illinois and the ordinances of the City of Kankakee previously established. 

(Ord. 94-31, 6-6-94)

 

Sec. 2-59.        Powers and duties - City Treasurer

 

*State law references- Election, Ill. Rev. Stat. Ch. 24, Sec. 3-4-1 et seq.; duties of municipal treasurer, Ch. 24, Sec. 3-10-1 et seq.

 

(a)        The City Treasurer shall receive all monies belonging to the City, and shall keep a separate account of each fund, appropriation, and the debits and credits belonging thereto.  He shall give to every person paying money into the City treasury a receipt therefore, specifying the date of payment, and upon what account paid and he shall file copies of such receipts with the City Clerk, at the date of his monthly reports.

 

(b)        The Treasurer shall keep an accurate register of all warrants redeemed and paid by him, showing the number, date and amount of each, the fund from which paid, and the name of the person to whom and when paid; and he shall cancel all warrants as soon as redeemed by him.

 

(c)        It shall be the duty of the treasurer to report to the City Clerk, whose duty it shall be to immediately report to the Council, any officer authorized to receive money for the use of the City who may fail to make a return of the monies received by him at the time required by law or ordinance.

 

(d)       The Treasurer shall keep his books and accounts in such manner as to show with entire accuracy all monies received and disbursed by him for the City, stating from whom and on what account received, and to whom and on what account paid out, and in such way that the books and accounts may be readily investigated and understood.  The same, together with all files and papers of his office, shall be at all time open to examination by the Mayor, or the finance committee of the Council.

 

(e)        The Treasurer shall at the end of each month, and more often if required, render an account to the Council, showing the state of the City treasury at the date of such account, and the balance of money in the treasury.  He shall accompany such account with a statement of all monies received into the treasury, and on what account received, together with all warrants redeemed and paid by him during the preceding month, which warrants, with any and all vouchers held by him, shall be delivered to the City Clerk, and filed with his accounts in the Clerk's office, and he shall return all warrants paid to him, stamped o