Loading...
HomeMy WebLinkAboutOrdinance #2003ORDINANCE NO. 2 0 0 3 AN ORDINANCE AMENDING CHAPTER 9 (CITY CLERK) OF TITLE 1 (ADMINISTRATION) OF THE CANTON MUNICIPAL CODE WHEREAS, Chapter 9 (City Clerk) of Title 1 (Administration) establishes the duties of the City Clerk's office; and WHEREAS, said section has not been updated since 1959-1960; and WHEREAS, the City Clerk's statutory duties are established per Section 5/3.1-35-90 of the Illinois Municipal Code; and WHEREAS, pursuant to 65 ILCS 5/3.1-35-90 the City of Canton, acting through its City Council, is authorized to assign additional duties to the City Clerk; and WHEREAS, the City Council has determined that it is necessary to amend the Canton Municipal Code to more accurately reflect the statutory duties of the Clerks' office, as well as the day- to-day needs of the City. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Canton, Illinois, as follows: That Chapter 9, Title 1 of the Canton Municipal Code is hereby amended to read as follows: Chapter 9 CITY CLERK 1-9-1: OATH, BOND: The city clerk, before entering upon the duties of hislher office, shall take the oath prescribed for other city officers, and shall execute a bond to the city in the penal sum of fiive-fift___~i thousand dollars ($50,000.00) with such sureties as may be approved by the city council, conditioned for the faithful performance of the duties of hislher office, and the payment over of all monies that may be received by him as city clerk to the proper officer or officers, according to law and the provisions of this city code; which bond shall be filed with the city treasurer. 1-9-2: OFFICE, OFFICE HOURS: The clerk shall keep his/her office at the city hall, or at such other place as the council may direct and his/her office hours shall be from eight o'clock (8:00) A.M. until twelve o'clock (12:00) noon and from one o'clock (1:00) P.M. to five o'clock (5:00) P.M. from Monday through Friday of each week. 1 1-9-3: KEEP MINUTES; SERVE NOTICES: The clerk shall attend all meetings of the council and shall keep in a suitable beekformat, to be styled the "record of the city council", a full and faithful record of its proceedings. He/she shall issue and cause to be served upon all aldermen, notices of all special meetings of the council; also notices to members of the different committees of that body, and to all other persons whose attendance may be required before any such committee, when so directed by the chairman thereof or required under the Illinois Open Meetings Act. 1-9-4: CORPORATE SEAL, DOCUMENTS: The clerk shalt be the keeper of the corporate seal, to be provided under the direction of the council and all papers and documents belonging to the city; and copies of all papers and documents duly filed in his/her office, and transcripts from the records and files of his/her office, certified by him/her under the corporate seal of the city, shall be evidence in all courts in like manner as if the originals were produced. 1-9-5: RECORD ORDINANCES: The clerk shall record and properly index in a book used exclusively for that purpose and in electronic format, all ordinances passed by the council, and at the foot of the record of each ordinance so recorded he shall make a memorandum of the date of the passage and of the publication or posting of such ordinance, which record and memorandum, or a certified copy thereof, shall be prima facie evidence of the passage and legal publication of such ordinance for all purposes whatsoever. All ordinances which shall be passed after the adoption of the city shall be numbered, consecutively by the city clerk beginning with number 1, before being recorded or published, whether the same be a general or special ordinance. 1-9-6: PUBLICATION OF ORDINANCES: All ordinances imposing any fine, penalty, imprisonment or forfeiture, or making any appropriation, shall: a) be printed in book or pamphlet form, published by authority of the council, orb) be published at least once, within ten (10) days after passage, in a newspaper published in the city. No such ordinance shall take effect until ten (10) days after it is so published except that an ordinance imposing a municipal retailers' occupation tax or effecting a change in the rate thereof shall take effect on the first day of the month next following the expiration of the ten (10) day publication period. However, ordinances establishing rules and regulations for the construction of buildings or any part thereof, or for the development or operation of camps accommodating persons in house trailers, house cars, cabins or tents, where such rules and regulations have been previously printed in book or pamphlet form, may by their terms provide for the adoption of such rules and regulations or portions thereof by reference thereto without further printing, or publication, if not less than three (3) copies of such rules and regulations in book or pamphlet form have been filed in the 2 office of the clerk for use and examination by the public at least thirty (30) days prior to the adoption thereof. All other ordinances, resolutions and motions shall take effect upon their passage unless they otherwise provide. 1-9-7: DELIVER PAPERS: Said clerk shall, without delay, upon the adjournment of each meeting 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/she shall also, without delay, deliver to the mayor all ordinances or resolutions in his/her charge, which may require to be approved or otherwise acted upon by the mayor. 1-9-8: PREPARE OFFICIAL PAPERS: Said clerk shall prepare all commissions, licenses, permits and other official documents required to be issued by him/her, under the laws and ordinances of the city, and shall attest the same with the corporate seal; and he/she shall in like manner attest all deeds for the sale of real estate owned and conveyed by the city. 1-9-9: APPOINT DEPUTY: He/she may, when authorized by the council, appoint one deputy clerk, who shall have the power and duty to execute all documents required by any law to be executed by the clerk, and affix the seal of the clerk thereto wherever required. In signing any document a deputy clerk shall sign the name of the clerk followed with the word "by" and the deputy clerk's own name and the words "deputy clerk". The powers and duties herein described shall be exercised only in the absence of the clerk from the place where the clerk's office is maintained, and only when either written direction has been given by the clerk to such deputy to exercise such power, or the council has determined by resolution that the clerk is temporarily or permanently incapacitated to perform such function. When duly authorized as herein provided the signature affixed by any such deputy in the manner herein prescribed on any document, including, but not limited to, contracts, bonds, or other obligations of the city, such document shall have the same effect as if the documents so executed had been signed by the city clerk in person. 1-9-10: POSTELECTION NOTICES: The clerk shall procure the necessary poll books, tally sheets, blanks, stationery and other necessary supplies for conducting city elections, and superintend the posting and publishing of the specimen ballots and the cards of instruction, and deliver the ballot boxes, poll books, blanks and supplies to the judges of election. 1-9-11: NOTIFY ELECTED PERSON: 3 It shall be the duty of the clerk, within five (5) days after the result of the election is declared, or appointment is made, to notify all persons elected or appointed to office, of their election or appointment, and unless such persons shall respectively qualify within ten (10) days after such notice, the office shall become vacant. i-fl_i4• /_`GAICQAI CIIDCO\/IQln~l e sr-p©ra#i©n-sk~argec~-+r~-ar~y-tx~aener--with-#he-~eeeip#; -ec~l#ec#~or~-ar- dish urser~een#- of cor{~ora#lon-revenues,-and-#he-colleotlon-and-re#urn o#-all-such-revel~ues-Into-the-city ' ~ , 1_0_14• QCDl1QT CCr~e~w~!-n ...... r~~., .'r..r,-i-ri~'c {~repa red~b~-#~-e~ou4;-~#he-s4er~-shad-subreEt-#a-#~-e~oueci 4-a-repor#-o#- k-fa esti~a#e; as-nearby-as-+~ay~ be; e#-the-e~r~ey-r~esessaa}-to~~e#ay-tk~e-e~cpeeses-e#-#he-eaty-dur+ae} class+#}-##~e-di##erer~t-ob}ests-and-{~rposes-e#-exper~+#{+res;-glvir~g;..as nearly-as~~+~ay 's-#o #ha###~e-sou+~si~_may #t~lly..t~nde~s#aad-the-demaeds-upon-#he-6i#y-fer--tk~e-current #+sca# yeas: 1-9-142: RECORDS OF CITY BONDS: The clerk shall keep in his/her office, in a book or books kept expressly for that purpose, a correct list of all the outstanding public official bonds of the city, showing the number and amount of each, for and to whom said bonds are issued; and when any city bonds are purchased, or paid, or cancelled, said book or books shall show the fact,; c#uri+~g-thee-years-d-##e-#ereas-o#~-sale;..wfi~th eac#i,and-ever-itere._o# expeese-#k~ereo#: i_n_iti. f`ITV QC\/CAl11C .. p ~-a-nea#-and eye##~odlsal -rt~aener; -a-sole#e-se#-o# books-Ire-whisky-sk~a#I-Igo-Dept-a~de#aped-assouo#-of-##~e el#y...re~rerruo; a+~d~o# oath 4 by-whore-payable-the-rate ef~e#erest; the#+meer~d-~ar+eeF+r~-w~icka-tie-pr-incipaFand +r~#erest-are-payable,-at~d-susk~8the~~ par#isula~s-as-~a~e-neeessa~-te-tie-#~1! • f , , 1 1-9-163: REMOVAL OF RECORDS, PAPERS FROM OFFICE: The clerk shall not allow any books, records or papers or other instruments of writing to be taken out of his/her office, by any other person than himself, the mayor, aldermen and the city attorney, or upon the order of a court of competent jurisdiction, or the council. 1-~=i~~ IIA~'1AITW V ~CnAOT T/1 nrti~ ~s~rau a#-shaA-be-##e-duty of t#e-clerk-to-rnak®.-a. reper~_.te the~ceeesil-a~tk~e-#irs~~egu4ar +~eetl+~g-in-each-r~enth;~~o#-tk~e-exact r<anc#itior}-0f-each-#er•}d e~ a~p~.opraatior~, setti+~g ,~ against-such-#u+~d-e~apprepriatior~-until-th~a,;,~s~+all be-renewed. i~.°,-1 n; nimrr ni i nr+nn~~n~-rte. T-he~sler~k-shall-rev+se-ar~d~uc~it-all-aesc~uur~te-or-~cla~irr-saaaowed-by-#he-s©uneil;-and aaa correctness; +t-shall-be-hls-.duty..#o-sebr~+t-##e-carne-#o-tie-serr-mittee-orgy-~far-arace-#er.lts deeisfen-thereon; ar"else-~reake-report-thereef-te-flee-slt~y..cour~sla~ 1-9-134: CLAIMS AGAINST CITY: All claims whatsoever against the city, except for salaries and wages of city officers and workmen, shall be filed in the office of the clerk, on or before the first day of the month in which said claim is presented. All claims not so filed shall be laid over by the clerk until the provisions of this section have been complied with. 1-9-~15: L-IST A€PROCESSING OF WARRANTS: 5 Said clerk shall process purchase orders and invoices verify purchase orders with invoices; research invoice discrepancies process and distribute payments as requested. , treas+~re~s#~ew+ng-da#e, +~t~ber-and-ar~et~r~t-ef-eaeh,-a+~d-ttie_narae o€ t#ie perser~ in and-I~e shall-take-t#~e-recef{~t-eeFSOn~-for-~e-war~a~-t ' ~=aats-se 1-9-2416: RECORD OF ELECTIONS, APPOINTMENTS: He shall keep a record of the election, or appointment and confirmation of all officers , of the city, and said record shall be so ruled and headed that the same shall exhibit the name of the officer elected or appointed, the date of confirmation or election the date , of commission, and the date of deaths, resignation, removal or expiration of term of office, with a column for remarks. 1-9-2217: RECORDS TO SUCCESSOR: He shall carefully preserve in his/he_r. office all books, records, papers, maps and effects of every description belonging to the city or appertaining to said office, and not in the actual use and possession of other city officers, and upon expiration in any way of his/her official term, he/she shall, on demand, deliver all such books, records, papers and effects to his/her successor in office. 1-9-2318: OTHER DUTIES: In addition to the foregoing duties, the clerk shall perform all such other and further duties pertaining to his/her office as are or may be imposed upon him/her by ordinance or resolution of the council. This shall specifically includeproviding back-up support to the_City_Treasurer.in_times._of absence._or_emergency,_when_requested_by_the__City Ad.mlrnstrator or Mayor.. 1-9-2419: FEES: The clerk shall be allowed to charge and receive, for the following services, fees, as follows: ~ {Formatted: Indent: First line: 0.5" .~A) For making copies pursuant to the Freedom of Information Act for black and white • , ~ ._ .. Formatted: Font: (Default) Helvetica letter or legal shed co les 8'/2 X 11 or 11 X 14 $ 15 er P ( ) p page after the first fifty ' - ~- ~- ~ Formatted: Indent: Left: os° pages __For Dolor copies or_abnormal sizes, the Glerk can charg e the actual cost of _ ._ ,_ .. fQprOdUCtIOn, __ ~ Formatted Font: (Default) Helvetica r -- 1 Formatted: Indent: First line: 0.5" 6 _ _~or-~er~i#ydF-g..te tY~e-traF}s#er-~#-anyaicer+se-t~iat-ds-tfar~s#erabde,-#f#ty cen#s-($U.S(}}: B For makin electronic.co ies pursuant to the Freedom of Information Act the , .................................................................. ~ -)- -- -- ~- -------- -P - -- ' ~,...- ~ Formatted: Font: (Default) Helvetica actual cost of the recording medium -- -- --- - -~ Formatted: Indent: Left: 0.5" Formatted: Font: (Default) Helvetica produced on CDs the public body may only charge the actual cost of purchasing thee# . ,, {8}-~F-sr-~d+~i+~isteria ff-ar+d-a~t#ss#deg-eae#~-eat#~;--when-aet-oe-aeseen#-©#-#he-sity;_..twenty #+ue-seats-($0-'~F ~-. ~-td~e-slerlc~ #i##y-sew#s-($9:;39}: 1-9-220: FEES TO CITY TREASURER: The clerk shall keep a full, true and correct account of all the fees and emoluments of his/her office, collected or received by him, also of all monies or revenues, of the city collected or received by him, and shall at least once a week, pay the same over to the city treasurer, and take a receipt there#e#herefore. He shall also make out and present to the council a semiannual report, on the first Tuesday of May and November of each year, of all fees and emoluments of his/her office, and of all revenues of the city received by him during the half year ending at the time of such report. Said report shall be verified by affidavit, and shall show the manner in which such fees, emoluments and revenues accrued. 1-9-251: REGISTER OF LICENSES: The clerk shall keep a register of all licenses issued, in consecutive numbers commencing with number one at the commencement of each fiscal year, which register shalt show the date of the issue of each license; the name of the person to whom issued, the nature of the business to be conducted under such license, the date of expiration, the number of the city treasurer's receipt in exchange for which the same was issued, and the amount of such receipt, all in proper columns, and with appropriate indices for convenient inspection. He shall notify in writing all parties holding licenses not less than ten (10) days before the expiration of the same, of the date of expiration; and it is made his/her special duty to attend to and see that all license revenue, to which the city is entitled, is collected in a prompt and efficient manner. 1-9-27: PAYROLL 7 Upon receipt of a written record of each employee's time at work, the City Clerk shall complete payroll for each employee certifying their weekly time, amount of wages and accurate deductions. The City Clerk shall routinely receive training on any payroll system the City uses and shall at all times maintain records detailing wages and accurate deductions. 1...-9-22_.._.I M R F_._R EG ISTER_ED__AG,ENT When so designated by the Council by Resolution the Clerk shall serve as the authorized aaent for the Illinois Municipal Retirement Fund and cam~lete all duties set forth In the IMRF Act (40 ILCS 5/7-135~n behalf of the Cit}~ 1...-9.-23.;..._FOIA.._AND._OMA. OFFICER .(A) When so designated by the Council the Clerk shall serve as the Freedom of .... l Formatted: Font. (Default) Helvetica Information Act Officer per 5 ILCS 140 The FOIA Officer will receive re uests for q records, ensure that the public body response to the requests in a timely fashion and Formatted: Indent: Left: 0.5" ----~------ - ----~-~-------`~"""--°-~ ~-- - ---" issue_responses under FOIA,__The._FOIA Officer._al_s_.o develops a_list__of documents or __ _ categories of records that.the~ublic body_ shall immediately disclose u.~on request, (B) When so designated by the Council the Clerk shall serve as the Open Meetings Act Officer per 5 ILCS 120 and undergo the appropriate training as required ~ the Act. 1-9-24: INSURANCE - ,__ -- T e Clerk will be res onsible for the coordination and clerical aversi ht of the Cit 's ~ . . ,.~,---1 Formatted: Font: (Default) Helvetica insurance policies including but not limited to health dental life worker's Formatted Indent Left: 0", Hanging: 0.5" 1 compensation, property/casualty and portable equipment insurance The clerk will , No bullets or numbering ) serve on the health insurance committee and coordinate the City's wellness program. ......................................................................................................................................... The Clerk will be a liaison with the Park District and Library Board as long as the enttt1es_continue_to_participate with_the_City._in_a.._health,_insu_r_ance..p.lan, ~ - ~ Formatted: No bullets or numbering ' 1-9-25: HUMAN RESOUR -~ Formatted: Indent: Left: 0.5" ) CE The Clerk shall be responsible for the clerical oversight of the City's human resource functions for new. existing and exiting employees that includes but is not limited to processing application and tax forms maintaining...personnel files, assisting. with benef~lans and retirement processing through IMRF. PASSED by the City Council of the City of Canton, Illinois and approved by the Mayor thereof this ~_ day of TUNE , 2010, upon a roll call vote as follows: AYES: ALDERMAN WEST, SARFF, REED, SCHENCK, HARTFORD RIVERO, PICKEL, ELLIS NAYS: NONE g ABSENT: NONE MOTION CARRIED Approved: ~, 1 r c~~ --~;_--..---___....__.____- ~; ~/ Attest: ~'~ ' C.G^ ~ ..''-t ~c.. Gt.,~- v''. Diana Tucker, City Clerk Kevin R. Meade, Mayor 9