HomeMy WebLinkAboutRESOLUTIONS-2014-01T-R-144/3/14
3/20/14
1 T-R-14
A RESOLUTION
TO DISCONTINUE AND ABOLISH THE TOWNSHIP ORGANIZATION
IN EVANSTON TOWNSHIP AS OF 11:59 P.M, APRIL 30, 2014
WHEREAS, the City of Evanston and Evanston Township are
coterminous, and the Township is a blended unit of local government within the City,
with the City Council sitting as the Town Board and exercising all powers vested in it by
law, 60 ILCS 1/15-50, 60 ILCS 1/80-5; and
; and
WHEREAS, section 5 of Article VII of the Illinois Constitution provides:
Townships may be consolidated or merged, and one or more townships
may be dissolved or divided, when approved by referendum in each
township affected.
WHEREAS, the Township Code, Section 60 ILCS 1/27-5, 1/27-10, and
1/27-15, provide that the coterminous township within the boundary of Evanston, Illinois
may be abolished upon the majority vote of the electors in the township; and -
WHEREAS, pursuant to 60 ILCS 1/27-10, the City Council of Evanston,
lawfully approved ordinance 105-0-13 which authorized that a proposition to dissolve
Evanston Township be placed on the ballot for the March 18, 2014 General Primary
election (the "election") to be held in the township; and
WHEREAS, on March 18, 2014, following the Cook County Clerk's placing
the proposition on the ballot, 63.68% of the registered voters who cast ballots at the
election in Evanston Township voted "Yes" to discontinue and abolish Evanston
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Township. The Evanston Town Board hereby recognizes and notes the Cook County
Clerk's official election canvass of results recognizing said vote tally; and
WHEREAS, the Town Board in its legislative capacity, formally recognizes
that 5,065 affirmative votes were cast favor of the proposition to discontinue and abolish
Evanston Township; and
WHEREAS, in the case of coterminous Evanston Township, the legislative
arm of the Township is the Town Board, and only the Board has the constitutional,
statutory, and legislative authority to adopt this resolution, said resolution which
recognizes and follows the electoral results and mandate delivered at the March 18,
2014 election, and
WHEREAS, under the separation -of -powers doctrine, courts must respect
units of local government, such that the Town Board's legal authority and responsibility
to adopt this resolution is entitled to high deference. See Board of Education of Dolton
School District 149 v. Miller, 349 III.App.3d 806 (Vt Dist. 2004); Moore v. Grafton
Township, 2011 WL 3524417 (2nd Dist. 2011); and
WHEREAS, the Town Board convened numerous meetings during 2011
to 2014, all properly noticed under the Township Code and the Open Meetings Act, to
consider the question of township discontinuation; and
WHEREAS, the Town Board, in its exercise of its constitutional and
statutory authority, hereby states that the Township of Evanston organization shall
cease, discontinue, and be abolished; and
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WHEREAS, all persons desiring to be heard on these matters were heard,
legislative findings made, a legislative Record created, and this matter was considered
by the Town Board of the Township of Evanston, Cook County, Illinois.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF
EVANSTON TOWNSHIP, COOK COUNTY, ILLINOIS, as follows:
SECTION 1: Pursuant to 60 ILCS 1/27-15, and as authorized and
mandated by the township electors at the March 18, 2014 election, the Evanston
Township organization is hereby discontinued and abolished. The Township
organization shall cease.
SECTION 2: This Resolution 1T-R-14 shall be in full force and effect as
of April 30, 2014. The effective date of the cessation, discontinuance, and abolishment
of the Evanston township organization is 11:59 p.m., April 30, 2014.
SECTION 3: The office of Town Clerk is abolished by operation of law.
Pursuant to 60 ILCS 1/27-25, the City of Evanston Clerk is hereby directed to properly
transfer to, and maintain all, records of Evanston Township in the City of Evanston City
Clerk's office. In accordance with 60 ILCS 1/5-60, the City Clerk shall send a certified
copy of this resolution to the Illinois Secretary of State so that the name of Evanston
Township be stricken from the state's official record of townships. The City Clerk shall
send a certified copy of this resolution to Cook County Clerk David Orr. In accordance
with 60 ILCS 1/85-15, the City Clerk shall send a certified copy of this resolution to the
Township Officials of Illinois. The City Clerk shall send a certified copy of this
resolution to Cook County Board President Toni Preckwinkle, Cook County
Commissioner Larry Suffredin, Cook County Assessor Joe Berrios, Commissioner
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Michael Cabonargi of the Cook County Board of Review, and the Executive Director of
the Illinois Municipal Retirement Fund.
SECTION 4: The office of Township Supervisor is abolished by operation
of law. Pursuant to 60 ILCS 1/27-15 and 1/27-20, all the rights, powers, obligations,
and duties of the Township Supervisor shall by operation of law vest in and be assumed
by the City of Evanston.
SECTION 5: The office of Township Assessor is abolished by operation of
law. Pursuant to 60 ILCS 1/27-15 and 1/27-20, all the rights, powers, obligations, and
duties of the Township Assessor shall by operation of law vest in and be assumed by
the City of Evanston.
SECTION 6: Pursuant to 60 ILCS 1/27-15 and 1/27-20, effective 12:00
a.m. May 1, 2014, all the rights, powers, assets, property, obligations, and duties of
Evanston Township shall by operation of law vest in and be assumed by the City of
Evanston. Following the approval and adoption of this resolution, and the concurrent
approval and adoption by the Evanston City Council of its ordinances 40-0-14 and 52-
0-14, all duties and responsibilities of Evanston Township, and any township officer as
provided in the Township Code, the Illinois Public Aid Code, and Property Tax Code,
are vested in, and shall be exercised by, the City of Evanston. The effective date of the
vesting and transfer of duties and responsibilities called for in this Section 6 shall be
12:00 a.m., May 1, 2014.
SECTION 7: Pursuant to 60 ILCS 1/27-20 and 1/27-25, the City of
Evanston is authorized to close up all unfinished business of the township, to sell and
dispose of any township property for the benefit of the residents of the City of Evanston,
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and to enter into an intergovernmental agreement or contract with Cook County or the
State of Illinois to administer the duties and responsibilities of the Township and
township officers for any township services, as necessary.
SECTION 8: Pursuant to Article VII(10) of the Illinois Constitution, and
the Intergovernmental Cooperation Act, 5 ILCS 220 et seq., the City of Evanston is
authorized to enter into an intergovernmental agreement or contract with Cook County
of the State of Illinois to administer the duties and responsibilities of the Township and
township officers for any township services, as necessary.
SECTION 9: All Evanston Township banking, investment, or other
financial accounts shall be transferred to the City of Evanston. All revenues and
appropriations that exist in the Evanston Township General Assistance Fund as of
11:59 p.m., April 30, 2014, shall be transferred by operation of law into the City
GENERAL ASSISTANCE FUND, as provided by City of Evanston Ordinance 52-0-14.
SECTION 10: All Evanston Township pension programs and accounts as
required by the Illinois Municipal Retirement Fund, 40 ILCS 5/7-101 et seq., shall be
transferred by operation of law to the City of Evanston. As a participating municipality,
the City shall succeed to the functions of Evanston Township as provided by 40 ILCS
5/7-132(A)(c). The net accumulation balance in the Evanston Township reserve and
the Evanston Township account receivable balance shall be assumed and transferred
to the City. All participating and covered employees formerly employed by Evanston
Township shall become participating and covered employees of the City.
SECTION 11: All revenues and appropriations that exist in the Evanston
Town Fund as of 11:59 p.m., April 30, 2014, shall be transferred by operation of law into
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1T-R-14
the City of Evanston General Fund. All Evanston Town Fund banking, investment, or
other financial accounts shall by operation of law be designated and become a
component account within the City of Evanston General Fund.
SECTION 12: The terms and provisions of this Resolution shall be
liberally construed so as to effectuate the purposes set forth in the recitals to this
Ordinance. Each and every recital and legislative finding regarding this Resolution is to
be construed and interpreted severally.
SECTION 13: The foregoing findings and recitals contained herein, as
well as the meeting minutes and legislative Record regarding the issue of township
discontinuation, are found as fact and incorporated herein by reference. The findings,
recitals, results of the March 18, 2014 referendum question, and legislative Record are
declared to be prima facie evidence of the law of Evanston Township and the City of
Evanston, and shall be received in evidence as provided by the Illinois Compiled
Statutes and the courts of the State of Illinois.
SECTION 14: If any provision of this Resolution or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this Resolution that can be given
effect without the invalid application or provision, and each invalid provision or invalid
application of this Resolution is severable.
WE
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SECTION 15: The Town Clerk shall, and is hereby directed to, take all
necessary steps to attest this Resolution and comply with Section 3 of this Resolution.
Introduced: April 28, 2014
Adopted: April 28, 2014
Approved:
�—\ (� ) � 2014
e B
E beth B. Tisdahl, Mayor;
Member, Town Board of the Town of
Evanston
Attest: Approved—as`Approved-as-10 form and legality:
T n Clerk �' W. rant Farrar, Town oard Attorney
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4/17/2014
03/31 /2014
52-0-14
AN ORDINANCE AMENDING THE CITY CODE TO CREATE THE CITY OF
EVANSTON GENERAL ASSISTANCE FUND, AND TO DEFINE CERTAIN
OTHER DUTIES AND OBLIGATIONS OF THE CITY FOLLOWING THE
CESSATION OF THE EVANSTON TOWNSHIP ORGANIZATION
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Legislative Statement.
At the time of passage of this ordinance, the City of Evanston and Evanston
Township are coterminous, and the Township is a blended unit of local government
within the City, with the City Council sitting as the Town Board and exercising all powers
vested in it by law, 60 ILCS 1/15-50, 60 ILCS 1/80-5. Pursuant to 60 ILCS 1/27-10, the
City Council adopted ordinance 105-0-13 which authorized that a proposition to
dissolve Evanston Township be placed on the ballot for the March 18, 2014 General
Primary election (the "election") to be held in the township. 63.56% of the registered
voters who cast ballots at the election in Evanston Township voted "Yes" to discontinue
and abolish Evanston Township. The City Council, in its legislative capacity, formally
recognizes the Cook County Clerk's official certificate of election results, dated April 8,
2014, memorializing that 5,065 affirmative votes were cast in favor of the proposition to
discontinue and abolish.
In recognition of this lawful election result, and recognizing the concurrent
adoption by the Town Board of resolution 1T-R-14 dissolving Evanston Township, this
52-0-14
ordinance hereby creates the City of Evanston General Assistance Fund and defines
certain other duties and obligations of the City following the cessation of the Evanston
Township organization. This legislative act codifies the City's role in maintaining and
assuming the township's general assistance and emergency assistance services, and
continues the advisory services to residents related to Cook County property tax
assessments.
Article VII, Section (6)a of the Illinois Constitution of 1970 states that, "a
home rule unit may exercise any power and perform any function pertaining to its
government and affairs." As a home rule unit, the City of Evanston's powers shall be
construed liberally. Scadron v. City of Des Plaines, 153 111.2d 164 (1992). This
ordinance is presumed constitutional and the burden of rebutting that strong
presumption is on the party challenging the validity of the statute to clearly demonstrate
a constitutional violation. Napleton v. Village of Hinsdale, 229 111.2d 296, 306 (2008). It
is well -settled law in Illinois that the legislative judgment of the City Council must be
considered presumptively valid. Glenview State Bank v. Village of Deerfield, 213
III.App.3d 747, (2nd Dist. 1991). A court has a duty to uphold the constitutionality of a
statute/ordinance when reasonably possible, and if a statute's/ordinance's construction
is doubtful, the court will resolve the doubt in favor the statute's/ordinance's validity. Id.
citing to People ex rel. Sherman v. Cryns, 203 111.2d 264, 291 (2003); and
The City Council finds that the assumption of duties, consolidation of
services, assumption of necessary taxing authority, and parameters enunciated herein
shall contribute to fiscal stability for the City and promote the general welfare of
residents.
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52-0-14
SECTION 2: Ordinance 52-0-14 shall be in full force and effect as of
12:00 a.m. May 1, 2014.
SECTION 3: Title 1 of the Evanston City Code of 2012, as amended, is
hereby further amended and revised by adding a new Chapter 20, to read as follows:
CHAPTER 20: GENERAL ASSISTANCE FUND
1-20-1. CREATION AND COMPOSITION.
There is hereby created an account of the City which shall be known as the
GENERAL ASSISTANCE FUND. This fund shall be administered by the City Manager
or his/her designee and as set forth in Title 1, Chapter 11 of this Code. This fund shall
consist of such estimated tax revenues, actual revenues, appropriations and
expenditures for general assistance and emergency assistance services for the
residents of the City of Evanston. This fund shall receive tax revenues in accordance
with the annual tax levy ordinance and any ordinances or resolutions required by law.
All revenues and appropriations that exist in the Evanston Township General
Assistance Fund as of 11:59 p.m., April 30, 2014, shall be transferred by operation of
law into this City GENERAL ASSISTANCE FUND. The City shall administer and
provide funds for general assistance pursuant to 305 ILCS 5/12-3.1.
SECTION 4: All Evanston Township banking, investment, or other
financial accounts shall be transferred to the City of Evanston. All such accounts shall
be in the charge and custody of the City of Evanston as set forth in Title 1, Chapter 11
of the Evanston City Code. All such accounts shall be kept, managed, and audited as
set forth in Title 1, Chapter 11 of this Code.
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52-0-14 %
SECTION 5: All Evanston Township pension programs and accounts as
required by the Illinois Municipal Retirement Fund, 40 ILCS 5/7-101 et seq., shall be
transferred by operation of law to the City of Evanston. As a participating municipality,
the City shall succeed to the functions of Evanston Township as provided by 40 ILCS
5/7-132(A)(c). The net accumulation balance in the Evanston Township reserve and
the Evanston Township account receivable balance shall be assumed and transferred
to the City. All participating and covered employees formerly employed by Evanston
Township shall become participating and covered employees of the City. All such
accounts shall be in the charge and custody of the City of Evanston, and be kept and
managed as set forth in Section 1-9-7 of the Evanston City Code. The City Clerk is
directed to send a certified copy of this Ordinance to the Executive Director of the Illinois
Municipal Retirement Fund.
SECTION 6: All revenues and appropriations that exist in the Evanston
Town Fund as of 11:59 p.m., April 30, 2014, shall be transferred by operation of law into
the City of Evanston General Fund. All Evanston Town Fund banking, investment, or
other financial accounts shall by operation of law be designated and become a
component account within the City of Evanston General Fund. All such accounts shall
be kept, managed, and audited as set forth in Title 1, Chapter 11 of this Code.
SECTION 7: All ordinances or parts of ordinances in conflict herewith are
hereby unconditionally repealed in their entirety. The terms and provisions of this
Ordinance shall be liberally construed so as to effectuate the purposes set forth in the
recitals to this Ordinance. Each and every section in this Ordinance is to be construed
and interpreted severally.
52-0-14
SECTION 8: The findings in this Ordinance, and the legislative Record,
are declared to be prima facie evidence of the law of the City of Evanston, and shall be
received in evidence as provided by the Illinois Compiled Statutes and the courts of the
State of Illinois.
SECTION 9: If any provision of this Ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this Ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this Ordinance is severable.
SECTION 10: The City Clerk shall send a certified copy of this ordinance
to Illinois Secretary of State Jesse White, the Director of the Illinois State Department of
Revenue, the Director of the Illinois State Department of Human Services, Cook County
Board President Toni Preckwinkle, Cook County Commissioner Larry Suffredin, Cook
County Assessor Joe Berrios, and Cook County Clerk David Orr.
Introduced: April 8, 2014
Adopted: April 28, 2014
Attest:
;ney Gr ne, - Clerk
Approved:
12014
1
EI' eth B. Tisdahl, Mayor
Approved as to form and legality:
W. Grant Farrar, Corporation Counsel
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4/17/2014
03/31 /2014
03/28/2014
40-0-14
AN ORDINANCE RECOGNIZING THE CESSATION OF THE TOWNSHIP
ORGANIZATION IN EVANSTON TOWNSHIP, AND CODIFYING THE
CITY OF EVANSTON'S ASSUMPTION OF THE DUTIES AND
OBLIGATIONS OF EVANSTON TOWNSHIP
AS OF 12:00 A.M., MAY 1, 2014
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Legislative Statement.
At the time of passage of this ordinance, the City of Evanston and Evanston
Township are coterminous, and the Township is a blended unit of local government
within the City, with the City Council sitting as the Town Board and exercising all powers
vested in it by law, 60 ILCS 1/15-50, 60 ILCS 1/80-5. Pursuant to 60 ILCS 1/27-10, the
City Council adopted ordinance 105-0-13 which authorized that a proposition to
dissolve Evanston Township be placed on the ballot for the March 18, 2014 General
Primary election (the "election") to be held in the township. 63.56% of the registered
voters who cast ballots at the election in Evanston Township voted "Yes" to discontinue
and abolish Evanston Township. The City Council, in its legislative capacity, formally
recognizes the Cook County Clerk's official certificate of election results, dated April 8,
2014, memorializing that 5,065 affirmative votes were cast in favor of the proposition to
discontinue and abolish.
In recognition of this lawful election result, and recognizing the concurrent
adoption by the Town Board of resolution 1T-R-14 dissolving Evanston Township, this
40-0-14
ordinance hereby codifies the City of Evanston's assumption of the duties and
obligations of Evanston Township. Pursuant to Article VII(10) of the Illinois
Constitution, and the Intergovernmental Cooperation Act, 5 ILCS 220 et seq., the City
Council of the City of Evanston is authorized to approve an intergovernmental
agreement or contract with Cook County and the State of Illinois to administer the duties
and responsibilities of the Township for any township services. This legislative act also
codifies the City's role in maintaining and assuming the township's general assistance
and emergency assistance services, and continues the advisory services to residents
related to Cook County property tax assessments.
Article VII, Section (6)a of the Illinois Constitution of 1970 states that, "a
home rule unit may exercise any power and perform any function pertaining to its
government and affairs." As a home rule unit, the City of Evanston's powers shall be
construed liberally. Scadron v. City of Des Plaines, 153 111.2d 164 (1992). This
ordinance is presumed constitutional and the burden of rebutting that strong
presumption is on the party challenging the validity of the statute to clearly demonstrate
a constitutional violation. Napleton v. Village of Hinsdale, 229 111.2d 296, 306 (2008). It
is well -settled law in Illinois that the legislative judgment of the City Council must be
considered presumptively valid. Glenview State Bank v. Village of Deerfield, 213
III.App.3d 747, (2nd Dist. 1991). A court has a duty to uphold the constitutionality of a
statute/ordinance when reasonably possible, and if a statute's/ordinance's construction
is doubtful, the court will resolve the doubt in favor the statute's/ordinance's validity. Id.
citing to People ex rel. Sherman v. Cryns, 203 111.2d 264, 291 (2003); and
The City Council finds that the assumption of duties, consolidation of
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40-0-14
services, assumption of necessary taxing authority, and parameters enunciated herein
shall contribute to fiscal stability for the City and promote the general welfare of
residents.
SECTION 2: Ordinance 40-0-14 shall be in full force and effect as of
12:00 a.m. May 1, 2014.
SECTION 3: Pursuant to 60 ILCS 1/27-25, the City of Evanston Clerk is
hereby directed to properly transfer and maintain all records of Evanston Township in
the City of Evanston City Clerk's office.
SECTION 4: The office of Township Supervisor is abolished by operation
of law. Pursuant to 60 ILCS 1/27-15, 1/27-20, and 305 ILCS 5112-3.1, all the rights,
powers, obligations, and duties of the Township Supervisor shall by operation of law
vest in and be assumed by the City of Evanston.
SECTIONS: Pursuant to 60 ILCS 1127-15, 1/27-20, and 35 ILCS 200/3-
70, all the rights, powers, obligations, and duties of the Township Assessor shall by
operation of law vest in and be assumed by the City of Evanston. Nothing in this
ordinance shall be construed as obligating or requiring the City to create new full time or
part time employee positions to comply with the Illinois statutes cited in this Section 5.
The intent of this Section 5 is to conform to prior approved authorization to the City
Manager to consolidate services that were previously provided by the Township
Assessor.
SECTION 6: Pursuant to 60 ILCS 1/27-15 and 1/27-20, effective 12:00
a.m. May 1, 2014, all the rights, powers, assets, property, obligations, and duties of
Evanston Township shall by operation of law vest in and be assumed by the City of
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40-0-14
Evanston. All duties and responsibilities of Evanston Township, and any township
officer as provided in the Township Code, the Illinois Public Aid Code, and Property Tax
Code, are vested in, and shall be exercised by, the City of Evanston. The effective date
of the vesting and transfer of duties and responsibilities called for in this Section 6 shall
be 12:00 a.m., May 1, 2014.
SECTION 7: Pursuant to 60 ILCS 1/27-20,1/27-25, and this ordinance,
The City Manager is hereby authorized and directed to close up all unfinished business
of the township, and to sell and dispose of any township property as may be approved
by the City Council, for the benefit of the residents of the City of Evanston.
SECTION 8: The City Clerk shall send a certified copy of this ordinance to
Illinois Secretary of State Jesse White, the Director of the Illinois State Department of
Revenue, the Director of the Illinois State Department of Human Services, Cook County
Board President Toni Preckwinkle, Cook County Commissioner Larry Suffredin, Cook
County Assessor Joe Berrios, Cook County Clerk David Orr, Commissioner Michael
Cabonargi of the Cook County Board of Review, and the Executive Director of the
Illinois Municipal Retirement Fund.
SECTION 9: All ordinances or parts of ordinances in conflict herewith are
hereby unconditionally repealed in their entirety. The terms and provisions of this
Ordinance shall be liberally construed so as to effectuate the purposes set forth in the
recitals to this Ordinance. Each and every section in this Ordinance is to be construed
and interpreted severally.
SECTION 10: The findings in this Ordinance, and the legislative Record,
are declared to be prima facie evidence of the law of the City of Evanston, and shall be
40-0-14
received in evidence as provided by the Illinois Compiled Statutes and the courts of the
State of Illinois.
SECTION 11: If any provision of this Ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this Ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this Ordinance is severable.
SECTION 12: The City Clerk shall, and is hereby directed to, take all
necessary steps to attest to and record this ordinance and comply with Section 8 of this
ordinance.
Introduced: April 8, 2014
Adopted: April 28, 2014
Attest:
� l /f.�✓�--�
Roc&j Greene City}C rk
Approved:
, 2014
G
Eli eth B. Tisdahl, Mayor
Approved as to form and legality:
lV. G r a t Farrar`, Corporation Counsel
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