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Resolution 2012-35 Resolution No. 201255_ A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, A REFERENDUM OF WHETHER THE CITY SHOULD APPOINT RATHER THAN ELECT THE OFFICES OF CITY CLERK AND CITY TREASURER WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Article VII, Section 7 of the 1970 Constitution of the State of Illinois provides that municipalities may by referendum change their form of government and provide for their officers, manner of selection and terms of office; and, WHEREAS, Section 28-7 of the Election Code (10 ILCS 5/28-7) provides a method of submission of referendum which are authorized by Article VII of the Constitution and that such referendum may be initiated by the City Council by passage of a resolution requesting the submission of the referendum for consideration by the voters of the City; and, WHEREAS, the City Council hereby finds that it is in the best interest of the City to submit the referendum of whether the City shall appoint the City Clerk and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The City Council finds that the recitals set forth above are true and correct and includes the recitals in this Resolution. Section 2. The City Council finds and determines that it is in the best interest of the City to provide for a referendum concerning the appointment rather than electing the office of City Clerk and the elimination of the position of City Treasurer. Section 3. The City Clerk is directed to immediately certify and submit the following public question to the Kendall County Clerk to be placed on the ballot for the Consolidated Election to be held on April 9, 2013, in the following form: Shall the United City of Yorkville appoint rather than elect the office of Yes City Clerk? No Resolution No. 2012-36 Page 1 Section 4. The City Clerk is directed to immediately certify and submit the following public question to the Kendall County Clerk to be placed on the ballot for the Consolidated Election to be held on April 9, 2013, in the following form: Shall the United City of Yorkville appoint rather than elect the office of Yes City Treasurer? No Section 5. This resolution shall be in full force and effect from and after its passage and approval as required by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this �day of e � � � �-�}� , A.D. 2012. a �� //"". CITY CLERK ROSE ANN SPEARS 1 DIANE TEELING V KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO �_ MARTY MUNNS CHRISFUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this /3 day of DECE-M 664 2012. AW MAYOR Resolution No. 2012- 36 Page 2