HomeMy WebLinkAboutORDINANCES-2009-101-O-09Effective Date: December 11, 2009 11/18/2009
a 10/8/2009
101-0-09
AN ORDINANCE
Amending Title 3, "Business Regulation,"
Chapter 2, "Municipal Occupation Taxes,"
Section 3, i°Foreign Fire Insurance Companies Tax"
WHEREAS, on August 14, 2009, Governor Patrick Quinn signed into law
Public Act 96-0505 which modifies the make up of the Foreign Fire Tax Board; and
WHEREAS, the City Code of the City of Evanston of 1979, as amended,
will conform with the newly enacted state legislation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 3, "Business Regulation," Chapter 2, "Municipal
Occupation Taxes," Section 3, "Foreign Fire Insurance Companies Tax" of the Evanston
City Code of 1979, as amended, is hereby further amended to read as follows:
3-2-3: FOREIGN FIRE INSURANCE COMPANIES TAX:
(A) Tax Levied: All corporations, companies and associations, not incorporated
under the laws of this State, which are engaged in the City in effecting fire insurance,
shall pay annually to the State Treasurer, who shall in turn remit the tax and reports to
the Illinois Municipal League, and said Illinois Municipal League shall transmit the tax
and reports to the City, at the time of filing the reports mentioned in subsection (B)
hereof, as a tax or license fee, a sum equal to two percent (2%) of the gross receipts for
premiums received by such corporations, companies or associations, or their agency or
agents respectively, for business effected or transacted for fire insurance within the City
for the year ending July 1 preceding such report.
(B) Annual Report of Premiums: Every person acting as agent or otherwise for or
on behalf of any corporation, company or association described in the preceding
subsection shall on or before July 15 of each and every year file as described in
subsection (A) a full report, verified by his oath, of all the premiums which, during the
�. year ending on July 1 preceding such report, shall have been received by him or any
�,> other person for him on behalf of any such corporation, company or association, and
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shall fully and specifically set out in such report the amounts received as premiums for
fire insurance; provided, however, that in cases where a firm acts as agent or otherwise,
such verified report may be made by one member on behalf of such firm.- 0
(C) Transacting Business without Payment of Tax or Filing Report: If the report
required by the preceding subsection is not filed on or before the day designated for that
purpose, or if the amount of rates for the tax or license fee shall remain unpaid after
such date, as provided in subsection (A) hereof, it shall be unlawful for any such
corporation, company or association to transact any business of fire insurance in the
City until the requirements of this Section have been fully complied with; but this
provision shall not relieve any such corporation, company or association from the
payment of any risk that may be taken in violation thereof.
(D) Penalty for Failure to File Report or Pay Tax: If any corporation, company or
association contemplated by this Section shall fail to file the report herein designated by
the day required herein, or if the amount of rates required shall remain unpaid after the
day limited for the payment thereof, every such corporation, company or association
shall forfeit and pay to the City the sum of five hundred dollars ($500.00) upon
conviction for each and every offense. In addition to such penalty, the City shall recover
in an action in its name, and for its use, against such corporation, company or
association so failing to make such report or pay such rates, the full amount of the rates
which may be due under the provisions hereof. (1957 Code, sec. 17-36; amd.
Ord. 1-0-64)
(E) Foreign Fire Insurance Board; Appropriation of Funds:
1. Board Established: There is hereby established a Board known as the
Foreign Fire Insurance Board (Board). This Board shall be comprised of and shall
exercise the powers as designated herein consistent with 65 Illinois compiled Statutes
5/11-10-2 of the Illinois Municipal Code.
2. Election of Officers:
a. The Board shall consist of seven (7) members. One of them is the
Evanston Fire Chief and the others are sworn members that are elected by sworn
members. The members of the Board shall be designated; chairman, vice chairman,
secretary, treasurer and trustee. Each member of the Board shall be an active, full-time,
member of the Evanston Fire Department (Department).
b. With the exception of the Fire Chief, the members of the Board
shall be elected by the active, full-time members of the Department.
C. The members of the Board shall serve two (2) year terms and until
their successors are elected. The Fire Chief is a permanent member of the Board. The
initial terms of office of the members of the Board shall begin thirty (30) days after the •
completion of the election and each member of the Board shall hold office during his/her
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Is term unless he/she no longer holds a qualifying position (is no longer an active full-time
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.
d. With the exception of the Fire Chief, vacancies in the Board shall
be filled - by election by the active, full-time members of the Department, and such
election shall be for the balance of the unexpired term.
3. Election Procedure (Temporary):
a. There is hereby established a temporary Evanston Fire Department
election committee. The temporary election committee shall consist of three (3)
members. The Chief of the Fire Department shall serve ex officio as chairman of the
committee. The Chief shall appoint one member of the Department to serve on the
committee and one member shall be the bargaining unit president.
b. The temporary election committee shall be responsible for
organizing, conducting and supervising the initial election of Department officers to
serve on the Board. Thereafter, the Board shall establish election procedures consistent
with this subsection (E).
C. The board shall develop a procedure for governing the nomination
of members to run for the various offices 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' terms of office.
d. The board shall develop a procedure for the final election of
members to the various offices of 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.
e. 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.
4. Powers and Duties and Procedures:
a. The board shall make all needful rules and regulations with respect
to the foreign fire insurance board and/or the management of monies appropriated to
the board.
b. Prior to the appropriation of funds by the City Council, the board
shall develop and maintain a listing of those items that the board feels are appropriate
expenditures under the statute 1.
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C. All expenditures by the board shall be in accordance with all City
ordinances, rules, procedures and policies concerning the expenditure of municipal
funds.
d. The funds of the board shall be annually reviewed as part of the
City audit. The audit shall verify that purchases by the board are for the maintenance,
use and benefit of the fire department.
e. The treasurer of the board shall give a sufficient bond to the City.
This bond shall be approved by the mayor. The bond shall be conditioned upon the
faithful performance by the treasurer of his or her duties under the state statute,
ordinance, and the rules and regulations adopted by the board.
f. The funds received by the City pursuant to the levy of the foreign fire
insurance company tax shall be directly handed over to the foreign fire insurance board.
g. The treasurer of the board shall pay out money and or otherwise
make expenditures upon the order of the board. Any expenditures made by the
treasurer, pursuant to the order of the board, shall be solely for the maintenance, use
and benefit of the fire department.
5. Quorum, Special Meetings: The board shall, in accordance with the
open meetings act, establish a regular time and place for its meetings; and publish
notice of same. The board shall be subject to the provisions of the Illinois open meeting
act. The chairman shall preside at board meetings, the secretary shall keep a record of
the proceedings and actions of the board and may certify the same. Three (3) members
of the board shall constitute a quorum for the transaction of business. The chairman
may call a special meeting at any time. A special meeting may also be called upon the
written notice of three (3) members of the board. Such notice shall be in writing, duly
signed by the board members. Such notice shall describe in brief the nature or object of
the special meeting. Any person shall be entitled to appear and be heard on any matter
before the board. Minutes of board meetings shall be filed with the City Clerk.
SECTION 2: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 3: That if any provision of this Ordinance 101-0-09 or
application thereof to any person or circumstance is held 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
application of this Ordinance is severable.
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SECTION 4: That this Ordinance 101-0-09 shall be in full force and
effect from and after its passage, approval, and publication in the manner
provided by law.
Introduced t C% 2009
Adopte4m�f'lt. �3 2009
A
R ney Gr ne, City Clerk
Approved:
01 , 2009
Eli eth B. Tisdahl, Mayor
Approve to form:
El a ober-Pt'rie, Deputy City Attorney
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