Ordinance 2001-40 STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE: 2001- LA O
AN ORDINANCE CREATING A BOARD OF FIRE AND POLICE
COMMISSIONERS FOR THE UNITED CITY OF YORKVILLE
WHEREAS,based upon the results of the current Census taken in the fiscal year 2000-2001
confirmed by the Federal Government, the population of the United City of Yorkville now exceeds
5,000 inhabitants; and
WHEREAS, pursuant to 65 IL S 5/10-2.1-1 et. seq. it is required pursuant to the Illinois
Municipal Code that a Board of Fire and Police Commissioners be created for the purpose of
regulating and providing the hiring, dis ipline, negotiation of contracts, and all matters relevant to a
Municipal Police and/or Fire Department if such exists; and
WHEREAS,the United City of orkville has a full-time Municipal Police Force,but does not
have a Municipal Fire Department that will come under the jurisdiction of the Board of Fire and
Police Commissioners; and
WHEREAS, the City Council c f the United City of Yorkville and the Mayor are required to
appoint an initial Board of Fire and Poli oe Commissioners,based upon the nomination of the Mayor,
consent of the City Council, and qualification of office by execution of the appropriate Affidavit as
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is required by Statute complying with pie terms of qualification for said appointment; and
WHEREAS, all statutory notices, time frames, and other actions necessary for the creation
and adoption of the Board of Fire and Police Commissioners have been taken by the United City of
Yorkville; and the City Council and Mayor having reviewed the contents of this Ordinance and
deeming it in the best interest of the United City of Yorkville to adopt and approve:
NOW THEREFORE,upon mot on duly made,seconded,and approved by a majority ofthose
so voting the following action is hereby Ordained and enacted by the United City of Yorkville:
SECTION 1: CREATION
That a Board of Fire and Police ommissioners is hereby created to manage the affairs of the
Municipal Police Department of the United City of Yorkville, to provide rule-making for the
operation of said Department,to assume all duties of hiring, discipline,retirement regulation
and the like for the successful peration of the United City of Yorkville Municipal Police
Department. The Chief of Poli a will remain a position appointed by the Mayor with the
advise and consent of the City Council and will not be hired or disciplined by the Board of
Fire and Police Commissioners.
SECTION 2: TERM
The Mayor of the United City of Yorkville,with the consent of the City Council shall appoint
three members to said Police B and within thirty days (30) of the passage of this Ordinance
pursuant to section 5/10-2.1-2 of the Illinois Municipal Code. One member shall serve by
appointment until the end of the current fiscal year of April 30, 2002; one appointed member
shall serve until the conclusion c f the next City Municipal fiscal year concluding on April 30,
2003; and the third member shal 1 be appointed for a term that shall cease on April 30, 2004.
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Thereafter at the next successive appointment for each respective office, the Commissioners
so appointed shall be appointed for a three year term by the Mayor with the consent of the
City Council.
SECTION 3: OUALIFICATIONS OF OFFICE
Upon appointment as a Commissioner to the United City of Yorkville Board of Fire and
Police Commissioners, the individuals so taking office shall execute an Affidavit under oath
prior to taking office setting forth the following qualifications in order to serve as a
Commissioner on the Board of Fire and Police Commissioners pursuant to the Illinois
Municipal Code:
A. Affiant has not been convicted of a felony under the laws of this State or any
comparable laws of any other State or the United States.
B. Affiant shall not be related either by blood or marriage up to the degree of first cousin
to,any elected official of the United City of Yorkville.
C. N6 more than two members of h oard of Fire and Police Commissioner shall
belong to the same political party existing in the Municipality at the time of the
appointment as defined in Section 10-2 of the Illinois Election Code, or of any State
or National Political Party.
D. Affiant may not be employed by, or hold an appointed or elected office of the
Municipality of the United City of Yorkville while serving as a member of the Board
of Fire and Police Commissioners.
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E. Affiant must be a registered voter of the Municipality of the United City of Yorkville
and have resided with the United City of Yorkville and qualified as an elector for at
least one year prior to appointment as a Commissioner.
F. Affiant shall not be interested directly or indirectly, in any contract,work or business
of the Municipality or sale of any article of goods, services, or contract of any kind
to or with the Municipality of The United City of Yorkville.
G. Affiant may not be a purchaser, or seller of any real property to the Municipality or
be involved in the purchase or sale of real estate for delinquent real estate taxes within
The United City of Yorkville.
SECTION 4: SAVINGS CLAUSE.
To the extent that this Ordinance is in conflict with any presently existing Ordinance or
portion thereof, such prior conflicting Ordinance or part thereof is hereby repealed.
The repeal of any Ordinance by this Ordinance shall not affect any right accrued or liability
incurred under such repealed Ordinance.
SECTION 5: SEVERABILITY.
Should any provision of this Ordinance be declared invalid by a court of competent
jurisdiction, the remaining provisions will remain if full force and effect the same as if the
invalid provision has not been a part of this Ordinance.
SECTION 6: EFFECTIVE DATE.
This Ordinance shall be in full force and effect
2001 from and after its passage and approval by the Mayor and City Council.
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IN WITNESS WHEREOF, this Ordinance has been enacted this-4&y of 1
12001.
MIKE ANDERSON JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
)D of �J , A.D. 2001.
MAYOR
PASSED by th City Council of the United City of Yorkville, Kendall County, Illinois this
Day of ` , A.D. 2001.
Atte Sl;-� CITY LERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
AFFIDAVIT OF PROSPECTIVE COMMISSIONER
FOR UNITED CITY OF YORKVILLE BOARD
OF FIRE AND POLICE COMMISSION
NOW COMES the undersigned Affiant, being first duly sworn on oath, who in support of
the Affiant's nomination as a Commissioner of the United City of Yorkville Fire and Police
Commission does state as follows:
A. I have not been convicted of a felony under the laws of this State or any comparable laws
of any other State or the United States.
B. I am not related either by blood or marriage up to the degree of first cousin to any elected
official of the United City of Yorkville.
C. I am a member of the following political parties:
I acknowledge the requirement of Illinois Law that provides that no more than two
members of the Board of Fire and Police Commissioner shall belong to the same political
party existing in the Municipality at the time of the appointment as defined in Section 10-2
of the Illinois Election Code, or of any State or National Political Party.
D. I am not employed by the United City of Yorkville. I do not hold an appointed or elected
office in the United City of Yorkville. I acknowledge that I cannot be employed by or
hold appointed or elected office in the United City of Yorkville while serving as a member
of the Board of Fire and Police Commissioners.
E. I am a registered voter in the United City of Yorkville and have resided with the United
City of Yorkville, qualified as an elector, for at least one year prior to my appointment as a
Commissioner.
F. I am not interested directly or indirectly, in any contract, work or business of the
Municipality or sale of any article of goods, services, or contract of any kind to or with the
United City of Yorkville.
G. I am not a purchaser or seller of any real property to the United City of Yorkville and I am
not involved in the purchase or sale of real estate for delinquent real estate taxes within the
United City of Yorkville.
I further hereby acknowledge and confirm that the contents of the above Affidavit are true
and correct and have fully disclosed any qualification that would prohibit me from acting as a
Commissioner of the United City of Yorkville Board of Fire and Police Commissioners.
Date:
AFFIANT
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
The Affiant, , being first duly sworn on
oath, deposes and states that he/she is the Affiant who signed the foregoing Affidavit; that he/she
understands the contents thereof, and the same are true and correct.
AFFIANT
Subscribed and sworn to before me,
, 2001
NOTARY PUBLIC