Ordinance 2011-73 UNITED CITY OF YORK VILLE
ORDINANCE NO. 2011-73
Ordinance No. 2011-73 was voted on by the City Council of the United City of Yorkville on November
22, 2011. The minutes of the regular meeting of the City Council held on November 22, 2011, on page 5
state the following regarding the vote to approve this ordinance:
"Motion approved by a roll call vote. Ayes-4 Nays-3
Funkhouser-aye, Kot-aye, Colosimo-nay, Spears-nay,
Milschewski-aye, Gilson-nay, Golinski-aye
City Administrator Olson asked City Attorney Orr if that ordinance needs a majority of the
sitting City Council members or the currently present City Council members.
City Attorney Orr will verify this because this is a unique situation. She believes the vote is fine
the way it stands. For the record, the City Council will consider it passed, and she will verify
that there isn't a special rule when it comes to the tax Levy."
After the meeting, City Attorney Orr researched the question as to whether the tax levy ordinance needed
a majority of the sitting City Council members to vote in favor of it or if just a majority of the currently
present City Council members was sufficient. She determined that the tax levy ordinance needed a
majority of the quorum present to vote in favor of the tax levy ordinance for it to be approved.
An amended tax levy ordinance was presented to the City Council for a vote at the regular City Council
meeting held on December 13, 2011. The City Council approved the Ordinance for the Levy and
Assessment of Taxes for the Fiscal Year Beginning May 1, 2012 and Ending April 30, 2013 for the
United City of Yorkville on December 13, 2011. See Ordinance No. 2011-79.
LAW OFFICE
KATHLEEN FIELD ORR & ASSOCIATES
180 NORTH MICHIGAN AVENUE
SUITE 1040
CHICAGO,ILLINOIS 60601
(312)382-2113
(312)382-2127 facsimile
KATHLEEN FIELD ORR JAMES W.BINNINGER
kfo(rt kfoassoc.com iwb a kfoassoc.com
MEMORANDUM
To: Mayor and City Council of the United City of Yorkville
From: Kathleen Field Orr, City Attorney
Date: December 8, 2011
Subject: Vote on Tax Levy Ordinance
At the meeting of the City Council on November 22, 2011, there were 6 Alderpersons
present and the Mayor thereby constituting a quorum.
At the meeting, two ordinances were voted upon: the Tax Levy Ordinance and An
Ordinance Providing for Submission to the Electors of the City a referendum on the question of
whether the City should arrange for a single supplier of electricity to its residents. The tax levy
vote was 4 ayes and 3 nays with the Mayor voting; and, on the Ordinance regarding the supplier
of electricity, the vote was 4 ayes and 2 nays without the Mayor voting.
A question was raised if the majority vote as rendered was sufficient to pass the
ordinances. I responded that I believed it was sufficient but would investigate and report to the
Council.
The Illinois Municipal Code specifically provides that the passage of all ordinances and
those resolutions which create a liability or appropriate funds require a concurrence of a majority
of all members then holdiny, office on the City Council, including the Mayor. My initial opinion
that passage occurs with the concurrence of a majority of all members of the City Council,
including the Mayor, present and voting, was wrong and, therefore, the aforesaid ordinances did
not pass at said meeting.
/kms
STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
Ordinance No. 2011- `73
(2012-2013 TAX LEVY)
AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR
THE FISCAL YEAR BEGINNING MAY 1,2012 AND ENDING APRIL 30,2013
FOR THE UNITED CITY OF YORKVILLE
BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall
County, Illinois:
Section 1: That the total amount of the budget for all corporate purposes and public
library purposes legally made to be collected from the tax levy of the current fiscal year is hereby
ascertained to be the sum of$3,626,060.00.
Section 2: That the sum of $3,626,060.00 being the total of the budget expenditures
heretofore legally made and which is to be collected in part from the levy of the current fiscal
year of the United City of Yorkville and further for purposes of providing for the Illinois
Municipal Retirement Fund, Police Fund, Police Pension Fund, Social Security Fund,
Unemployment Fund, School Crossing Guard Fund, Audit Fund, General Corporate Purpose
Fund, Library Fund and Insurance for Liability purposes, as budgeted for the current fiscal year
by the annual Budget Ordinance of the United City of Yorkville for the fiscal year beginning
May 1, 2012, and ending April 30, 2013, as passed by the City Council of the United City of
Yorkville at a legally convened meeting prior to said fiscal year, the sum of $3,626,060.00 is
hereby levied upon all of the taxable property in the United City of Yorkville subject to taxation
for the current year, the specific amounts as levied for the various funds heretofore named being
included herein by being placed in separate columns under the heading "To be Raised by Tax
Levy", which appears over the same, the tax so levied being for the current fiscal year of the
United City of Yorkville and for the said budget to be collected from said tax levy, the total of
which has been ascertained as aforesaid and being as follows:
Section 3: That the total amount of$3,626,060.00 tax levy, ascertained as aforesaid, be
and the same is hereby levied and assessed on all property subject to taxation with the United
City of Yorkville, according to the value of said property as the same is assessed and equalized
for State and County purposes for the current year.
Section 4:
(a) That the item of $450,000.00 levied for Illinois Municipal Retirement Fund for
City purposes and for Library Municipal Retirement Fund purposes is levied without regard to
any statutory rate, pursuant to Statutes of the State of Illinois.
(b) That the item of$40,000.00 levied for Liability Insurance is levied without regard
to any statutory rate, pursuant to Statutes of the State of Illinois.
(c) That the item of$40,000.00 levied for the Audit Fee is levied without regard to
any statutory rate, pursuant to Statutes of the State of Illinois.
(d) That the item of$50,000.00 levied for Unemployment Insurance is levied without
regard to any statutory rate, pursuant to Statutes of the State of Illinois.
(e) That the item of $350,000.00 levied for Police Protection Tax is levied in an
amount not exceeding the maximum tax rate of 0.60%.
(f) That the item of$525,640.00 levied for Police Pension is levied without regard to
any statutory rate, pursuant to Statutes of the State of Illinois.
(g) That $0.00 levied for Garbage is levied not exceeding the maximum tax rate of
0.20%.
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(h) That the item of$300,000.00 levied for Social Security is levied without regard to
any statutory rate, pursuant to Statutes of the State of Illinois.
(i) That the item of $25,000.00 levied for School Crossing Guard is not exceeding
the maximum tax rate of 0.02%.
0) That the item of$1,145,420.00 levied for General Corporate is levied pursuant to
Statutes of the State of Illinois not to exceed the maximum tax rate of 0.4375%.
(k) That the item of $700,000.00 levied for Library is levied not exceeding the
maximum tax rate of 0.15%.
Section 5: That here is hereby certified to the County Clerk of Kendall County the several
sums aforesaid constituting said total amount of$3,626,060.00 which said total amount of said
United City of Yorkville requires to be raised by taxation for the current fiscal year of said city
of said County, on or before the time required by law, a certified copy of this Ordinance.
Section 6: This Ordinance shall be in full force and effect immediately from and after its
passage and approval according to law.
Section 7: In the event any section of this Ordinance is declared invalid the remaining
portion thereof shall be binding and given full effect.
ADOPTED this day of , 2011, pursuant to roll call vote as follows:
CHRIS FUNKHOUSER DIANE TEELING
JACKIE MILSCHEWSKI V CARLO COLOSIMO �Y
LARRY KOT MARTY MUNNS
ROSE SPEARS Y1 GEORGE GILSON, JR. n
MAYCk C-j0L1►,46kj 4-
3
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of 12011.
Mayor
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of 12011.
Attest:
City Clerk
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SUMMARY OF 2011 TAX LEVY
General Corporate Tax (65 ILCS 5/8 3-1) $1,145,420.00
I.M.R.F. (40 ILCS 5/7-171) $450,000.00
Social Security (40 ILCS 5/7-171) $300,000.00
Police Pension (40 ILCS 5/3-125) $525,640.00
Police Protection Tax (65 ILCS 5/11-1-3) $350,000.00
Garbage (65 ILCS 5/11-1-3) $0.00
Audit (65 ILCS 5/11-19-4) $40,000.00
Liability Insurance Tax (745 ILCS 10/9-107) $40,000.00
School Crossing Guard (65 5/11-80-23) $25,000.00
Unemployment Insurance (745 ILCS 10/9-107) $50,000.00
Library (pg.4 DCCA Levy Man.) (75 ILCS 5/3-1, 5/3-4, 5/3-7) $700,000.00
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CERTIFICATE
The undersigned, Gary J. Golinski, Mayor of the United City of Yorkville, hereby
certifies that I am the presiding officer of the United City of Yorkville, and as such presiding
officer, I hereby certify that the Tax Levy Ordinance, a copy of which is appended hereto, was
adopted pursuant to, and in all respects in compliance with, the provisions of Section 4-7 of the
so-called "The Truth in Taxation Act".
Dated this day of November, 2011.
Gary J. Golinski, Mayor
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CERTIFICATE
The undersigned, Beth Warren, City Clerk of the United City of Yorkville, hereby
certifies that an announcement was made at a regular City Council meeting of the United City of
Yorkville, that the 2012-2013 Tax Levy would be $3,626,060.00, a sum in excess of 105% of the
tax levy extended by the County of Kendall Clerk; said disclosure having been made in
compliance with the Truth in Taxation Act, and an announcement of the tentative tax levy having
been made at the November 8, 2011, City Council meeting; that said Levy was in excess of
105% of the Levy for 2012-2013.
Beth Warren, City Clerk
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STATE OF KENDALL )
) ss.
COUNTY OF KENDALL )
I, Beth Warren, City Clerk of the United City of Yorkville, hereby certify the
foregoing to be a true, perfect and correct copy of the Ordinance passed by the City
Council at a regular meeting of the City Council on November , 2011.
Testimony Whereof, I have hereunto set my hand and seal this day of
November, 2011.
Beth Warren, City Clerk
TRUTH IN TAXATION
CERTIFICATE OF COMPLIANCE
I, the undersigned, hereby certify that I am the presiding officer of the United City
of Yorkville and as such presiding officer I certify that the Levy Ordinance, a copy of
which is attached, was adopted pursuant to, and in all respects in compliance with the
provisions of Section 4 through 7 of the "truth in Taxation Act".
The notice and hearing requirements of Section 6 of the Act are applicable.
This certificate applies to the 2012-2013 Tax Levy.
Date : November 12011
Presiding Officer:
Gary J. Golinski, Mayor