§ 30.030 FORM OF GOVERNMENT.
The municipality of the City of Farmer City, DeWitt County, Illinois, shall continue to be a municipal corporation with the name Farmer City.
(Ord. 568a, passed 3-18-91)
The city shall include all territory encompassed by its boundaries as of June 1, 1990, or as they are hereafter modified pursuant to law. The custodian of the city’s records shall keep an accurate, up-to-date description of the boundaries. The copies and descriptions shall be available for public inspection during regular office hours. (Ord. 568a, passed 3-18-91)
The city has all powers which the constitutions, statutes and common law of the United States and of this state expressly or impliedly grant or allow municipalities as fully as though this chapter specifically enumerated each of those powers. (Ord. 568a, passed 3-18-91)
In this chapter no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers which the city would have if the particular power were not mentioned. This chapter shall be liberally construed to the end that the city may have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to state laws. (Ord. 568a, passed 3-18-91)
Except as state statute prescribes otherwise and as the Illinois Constitution reserves municipal legislative power to the voters of the city, all powers of the city are vested in the City Council. (Ord. 568a, passed 3-18-91)
§ 30.033 MAYOR.
The Mayor, is the Chief Executive Officer of the municipality. He is elected at large and shall be elected for a term of four years. (Ord. 568a, passed 3-18-91)
§ 30.035 COUNCIL WARDS.
For the purpose of electing members to the City Council, the city shall be divided into three wards of approximately equal population. The boundaries of the wards in existence at the time this chapter is adopted shall remain in effect until such time as the wards are redefined by City Council. The Council shall, by ordinance, redefine the boundaries of the wards as necessary to accord persons in the city equal protection of the laws. When the boundaries of the wards are redefined, each ward shall have one continuous boundary. Within three months after available data from a decennial census of the United States Census Bureau or any other official census commissioned by the city indicates that the boundaries deny equal protection of the laws, the Council shall re-specify the boundaries so as to accord equal protection of the laws. (Ord. 568a, passed 3-18-91)
§ 30.038 QUALIFICATIONS OF OFFICER.
(A) To be eligible for an elective city office, a person must be a qualified elector within the meaning of the state constitution and have resided in the city during the past year immediately preceding their election. For purposes of this division, CITY means the area included in the corporate limits as of the date of the election.
(B) To serve as an Alderman elected from a ward, the candidate must have resided within the ward he or she seeks to represent for six months immediately preceding the last day available for filing for election or appointment and must continue to reside in the ward throughout his or her term of office.
(C) Removal of an officer’s principal residency from the city or from the area he or she represents shall create a vacancy in the office for which elected, to be filled in the manner other vacancies in that office are filled.
(D) No city employee or appointive officer may serve on the City Council.
(E) A city office holder may not be in arrears in payment of any tax or any other indebtedness to the city.
(F) Except as otherwise provided in the Charter, the Council is the final judge of the qualifications and election of its own members.
(Ord. 568a, passed 3-18-91)
§ 30.050 PURPOSE.
It shall be the purpose of the City Council to make or create those policies necessary for the effective operation of the city. Those policies shall take the form of ordinances, resolutions or motions, whichever is appropriate for the situation. The Council shall also be responsible for a continuous review of policies in effect, to see that they are applicable, current and effective for the operation of the city and the well being of its citizens. No policy shall be deemed to be in effect unless explicitly approved by the City Council.
(Ord. 568a, passed 3-18-91)
§ 30.052 QUORUM.
A majority of the incumbent members of the City Council shall constitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in the manner provided by ordinance.
(Ord. 568a, passed 3-18-91)
§ 30.053 RECORD OF PROCEEDINGS.
The City Council shall cause a record of its proceedings to be kept in a manner consistent with state law.
(Ord. 568a, passed 3-18-91)
§ 30.054 MEETINGS TO BE PUBLIC.
All deliberations and proceedings of the City Council shall be public except as otherwise authorized by state law.
(Ord. 568a, passed 3-18-91)
§ 30.056 MAYOR PRO TEM.
If a temporary absence or disability of the Mayor incapacitates him from the performance of his duties but does not create a vacancy in the office, the City Council shall appoint a Mayor Pro Tem from one of its members. In the Mayor’s absence from a Council meeting, the Mayor Pro Tem shall preside over it.
Whenever the Mayor is unable to perform the functions of his office, the Mayor Pro Tem shall act as Mayor.
(Ord. 568a, passed 3-18-91)
§ 30.057 VOTE REQUIRED.
Except as state statute otherwise provides, the express concurrence of a majority of the members of the City Council voting when a quorum of the Council is present at the Council meeting, shall be necessary to decide any question before the Council.
(Ord. 568a, passed 3-18-91)
§ 30.058 INTERFERENCE IN ADMINISTRATION.
Elected officials of the city shall not coerce or attempt to coerce any city employee in carrying out the duties of the office; or coerce or attempt to coerce any city employee in making an appointment or in removal of an officer or employee or in purchasing equipment, services or supplies; or attempt to exact a promise relative to an appointment from any candidate. The Mayor and members of the City Council may however discuss matters of city administration as part of the Council’s regular agenda. This regulation shall not alter the responsibilities of any city officials as otherwise provided for in this chapter. A violation of this section may occasion the censure of the offending member of the Council by the Council, or removal from office by a court of competent jurisdiction.
(Ord. 568a, passed 3-18-91)
§ 30.059 CODE OF ETHICS.
Elected and appointed officials of the city will maintain the highest standards of ethical and legal behavior that are expected and respected by the citizens of the city. The City Council may therefore consider and adopt a code of ethics, detailing such standards and the actions that the Council might take in response to any violations of the code.
(Ord. 568a, passed 3-18-91)
§ 30.070 MAYOR.
(A) The Mayor shall be elected from the city at large and shall:
(1) Be the chief executive officer of the city;
(2) Preside at all meetings of the Council and be entitled to vote on all issues that come before the Council, but have no power to veto;
(3) Be recognized as the official head of the city by the courts for the purpose of serving legal process and by the Governor for all legal purposes;
(4) Be the local liquor control commissioner, and be charged with the administration of the appropriate provisions of the state liquor control act, or this chapter, and of such ordinances, resolutions, rules and regulations relating to alcoholic liquor as hereinafter may be adopted. Whenever in this chapter the commissioner shall be referred to, it shall include such other persons as may be appointed by the commissioner to assist in the performance of the commissioner’s duties hereunder (ILCS Ch. 235, Act 5, § 4-2);
(5) Represent the city at ceremonial occasions (ILCS Ch. 65, Act 5, § 5-2-12(j));
(6) With the approval and consent of the Council, appoint members of those boards, committees, and commissions where the Mayor is directed to make appointments by statute, ordinance or resolution;
(7) Remove appointed board, committee, and commission members on formal charges; and
(8) Serve when appointed or elected to serve on intergovernmental agency boards, commissions or committees to represent the interests of the city.
(B) The Mayor may, as provided by ILCS Ch. 65, Act 5, § 3.1-35-30, may designate another to affix his or her signature to any written instrument that requires the Mayor’s signature. The Mayor must send written notice of this designation to the City Council stating the name of the person selected and what instrument(s) that person will have the authority to sign.
(Ord. 568a, passed 3-18-91; Am. Ord. 756, passed 4-16-01)
§ 30.085 CITY ELECTIONS.
Regular city elections shall be held at the same times and places as the general biennial elections for the state, in accordance with state law.
(Ord. 568a, passed 3-18-91)
§ 30.086 REGULATIONS OF ELECTIONS.
Except as this chapter provides relating to elections, the general laws of the state shall apply to all city elections.
(Ord. 568a, passed 3-18-91)
§ 30.087 CANVASS OF RETURNS.
In all elections held in conjunction with state and county elections, the state laws governing the filing of returns by the County Clerk shall apply. The results of all elections shall be filed with the City Clerk. Within five days after the results of an election or appointment is made, the City Clerk shall notify all persons elected or appointed to office, of their election or appointment.
(Ord. 568a, passed 3-18-91)
§ 30.088 TIE VOTES.
In the event of a tie vote of candidates for an elective office, the successful candidate shall be determined by a public drawing of lots in a manner prescribed by the City Council.
(Ord. 568a, passed 3-18-91)
§ 30.089 COMMENCEMENT OF TERMS OF OFFICE.
The term of office of a person elected to a city office at a regular election commences at the first City Council meeting of May following the proclamation of the results of the regular municipal election at which such officers were elected.
(Ord. 568a, passed 3-18-91)
§ 30.090 OATH OF OFFICE.
Before commencing the duties of office, each elective officer shall take an oath or shall affirm faithful performance of the duties of the office and support for the constitutions and laws of the United States and state.
(Ord. 568a, passed 3-18-91)
§ 30.091 NOMINATIONS.
Any candidate for an elective office may be nominated by filing with the City Clerk a petition in such form as may be prescribed by state statute. The signers of a petition for Alderman from a particular ward shall be legal voters residing within that ward; but if the petition is for Mayor, Clerk or Treasurer that petition may be signed by legal voters residing in any ward in the city. Subject to the requirements of this section, a legal voter may sign more than one nominating petition for the same office. No candidate for office may file for more than one elective city position.
(Ord. 568a, passed 3-18-91)
§ 30.092 NONPARTISAN ELECTION.
A nonpartisan election shall be as hereafter provided by the constitution or general laws of the state regulating elections, and on the day and month fixed for such elections. The candidate who receives the majority of the votes cast at the election for the office is elected to that office.
(Ord. 568a, passed 3-18-91)
§ 30.105 WHAT CREATES A VACANCY.
(A) An office becomes vacant upon the incumbent’s:
(1) Death;
(2) Adjudicated incompetence or conviction of a crime of a nature which by state law, disqualifies a person from holding public office;
(3) Resignation;
(4) Ceasing to posses the qualifications for office; or
(5) Failure, following ten days after notice of election or appointment to the office to qualify.
(B) An office becomes vacant upon declaration by the Council of the vacancy in case of the incumbent’s:
(1) Termination of residency in the city;
(2) Termination of a City Council member’s principal residency in the area he or she represents; or
(3) Absence from Council meetings for any reason other than illness or injury, for a consecutive 30-day period without the Council’s consent.
(Ord. 568a, passed 3-18-91)
§ 30.106 FILLING VACANCIES.
A vacancy in the City Council shall be filled by appointment by the Mayor with advice and consent of the Council. The appointee’s term shall begin immediately upon his or her appointment and qualification and shall continue through until the next regular election. The election will then fulfill the unexpired term of the vacant office.
(Ord. 568a, passed 3-18-91)
§ 30.120 ORDAINING CLAUSE.
The ordaining clause of an ordinance shall be: “Be it ordained, by the City Council of the city of Farmer City as follows.”
(Ord. 568a, passed 3-18-91)
§ 30.121 POWERS TO REGULATE.
The City Council has the authority to pass ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to the city, with such fines or penalties as may be deemed proper. No fine or penalty except civil penalties for failure to make returns or pay any taxes levied by the city shall exceed limits set by state statute.
(Ord. 568a, passed 3-18-91)
§ 30.121 POWERS TO REGULATE.
The City Council has the authority to pass ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to the city, with such fines or penalties as may be deemed proper. No fine or penalty except civil penalties for failure to make returns or pay any taxes levied by the city shall exceed limits set by state statute.
(Ord. 568a, passed 3-18-91)
§ 30.122 ADOPTION BY COUNCIL.
(A) An ordinance may be enacted at a single meeting of the City Council by unanimous vote of all Councilmembers, upon being read by title only unless otherwise provided by statute. If a request is made by any Councilmember for the ordinance to be read in full, the ordinance shall be read fully and distinctly prior to vote on the ordinance. No ordinance may be considered for approval in a single meeting, upon reading by title only, unless at least three days before the reading a copy of the ordinance was provided for each Councilmember and three copies of the ordinance were available for public inspection in the office of the City Clerk, and notice of the availability of the ordinance was posted at city hall.
(B) If, after first reading of the ordinance in full or by title, the Council does not unanimously approve adoption of the ordinance, the ordinance shall be brought back to the Council for a second reading at the next regular Council meeting. The second reading may be by title only, unless a Councilmember requests that the ordinance be read in full and a majority of the Council concurs that the ordinance should be read in full. Adoption of an ordinance after second reading requires the express concurrence of a majority of the members of the Council. If an ordinance fails to receive a majority approval on first reading, it may be brought back to the Council only if a majority of the City Council agrees to consider its possible adoption.
(C) An ordinance read by title only has no legal effect if it differs substantially from its terms as it was filed prior to the reading unless each section so differing is read fully and distinctly in open Council meeting before the Council adopts the ordinance.
(D) Upon the adoption of an ordinance, the ayes and nays of the Councilmembers shall be entered in the record of the Council proceedings.
(E) After adoption of an ordinance, the City Clerk shall endorse it with the date of adoption and the endorser’s name and title of office. The Mayor shall also sign the ordinance and include thereon the date of signing and the title of office.
(Ord. 568a, passed 3-18-91; Am. Ord. passed 11-15-93)
§ 30.123 EFFECTIVE DATE OF NONEMERGENCY ORDINANCE.
A non-emergency ordinance takes effect as prescribed in the state statutes.
(Ord. 568a, passed 3-18-91)
§ 30.135 MEETINGS.
The City Council shall hold two regular meetings each month. The regular meetings of the City Council shall be held on the first and third Mondays of each month at 7:30 p.m. at the Council Chambers in city hall, or such other location as the City Council by motion shall determine.
(Ord. 568a, passed 3-18-91)
§ 30.136 ORDER OF BUSINESS.
(A) In the conduct of the business of the City Council, the following procedures shall be substantially followed
(1) Roll call;
(2) Pledge of Allegiance;
(3) Standing Committee meetings, third Monday;
(4) Presentation of minutes;
(5) Public comment;
(6) Public hearings, if any;
(7) Agenda of action items;
(8) New business;
(9) Reports from standing committees;
(10) Presentation of bills, if any;
(11) Mayor’s administrative report;
(12) Communications, if any; and
(13) Adjournment.
(B) Breaks in the order of business may be taken at any time upon motion and majority approval.
(Ord. 568a, passed 3-18-91)
§ 30.137 AGENDA.
The agenda shall be set by Friday, 12:00 noon immediately preceding a City Council meeting, and it shall be printed immediately thereafter and distributed to the Mayor and Council, and posted and made available to the public by 2:00 p.m. that afternoon. Any items not incorporated in that agenda may only be considered under the new business section of the agenda. Agenda items shall be described in clear, complete and straight-forward language.
(Ord. 568a, passed 3-18-91)
§ 30.138 NEW BUSINESS.
Items that may be brought up for discussion under the new business section of the agenda are those items that could not have been anticipated in time to be placed and described on the regular agenda, or are of such an emergency nature that action is required.
(Ord. 568a, passed 3-18-91)
§ 30.139 PRESIDING OFFICER.
The Presiding Officer shall be the Mayor. The Mayor shall be deemed a member of the Council and shall have rights as established by state statute.
(Ord. 568a, passed 3-18-91)
§ 30.140 MANNER OF VOTING.
All questions shall be voted on by roll call (in alphabetic order for the first motion of each meeting and rotating in alphabetic order with each successive notion of the meeting). Every member who shall be present when a question is put, shall vote for or against the same, unless the City Council shall excuse him.
(Ord. 568a, passed 3-18-91)
§ 30.141 RECONSIDERATION.
When a question has been decided, it shall be in order for any member who voted in the majority to move for a reconsideration thereof; but no motion for the reconsideration of a vote shall be made after the ordinance, resolution or act has gone out of the possession of the City Council.
(Ord. 568a, passed 3-18-91)
§ 30.142 AD HOC COMMITTEES.
The Mayor shall appoint with approval of the City Council, from among the members of the Council and general public, members of ad hoc committees, when the need for a committee arises.
(Ord. 568a, passed 3-18-91)
§ 30.144 RESOLUTIONS.
All resolutions shall be in writing consecutively in the order in which they are received.
(Ord. 568a, passed 3-18-91)
§ 30.145 PREPARATION OF ORDINANCES.
All ordinances appearing on a City Council agenda shall have been reported to the City Council by a committee of the City Council. Ordinances shall have been reviewed by the City Attorney prior to consideration by the City Council. Should a committee fail to report an ordinance, the City Council, by majority vote, may pull an ordinance from committee and place it on the City Council agenda for consideration.
(Ord. 568a, passed 3-18-91; Am. Ord. passed 11-15-93)
§ 30.146 ENFORCEMENT OF DECORUM.
The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant-at-Arms of the City Council meetings.
(Ord. 568a, passed 3-18-91)
§ 30.147 SUSPENSION OF RULES.
No standing rule or order of the City Council shall be rescinded or suspended except by the unanimous vote of every member present.
(Ord. 568a, passed 3-18-91)
§ 30.148 RULES OF PROCEDURE.
The rules of procedure shall be set by the Mayor and City Council, and interpreted by the Mayor during the course of meetings. Should the Council wish to establish rules of procedure, it shall do so by majority vote, after which such rules shall be governing unless changed by majority vote of the Council.
(Ord. 568a, passed 3-18-91)
