Division IV: General Provisions
1-2-18 CORPORATE SEAL.
(A) The Corporate Seal of the Village shall be the same as that theretofore provided and used by the Village. It shall be circular in form with the words, “The Corporate Seal of the Village of” in the exterior circle, and the words, “Kansas, Illinois” in the center.
(B) The Corporate Seal shall be used as such seal in all cases provided for by law or by the ordinances of the Village and in all other cases in which, by law and custom, it is usual and necessary for the corporation to use a seal. The seal shall be and remain with the Village Clerk who shall be the legal custodian.
(A) Election Procedure. The provisions of the Illinois Revised Statutes, Chapter 24, Section 3-2-1, et seq., and Chapter 46 concerning municipal elections shall govern the conduct of the Village elections.
(B) Inauguration. The inauguration of newly elected Village officials shall occur at the first regular or special meeting of the Village Board following the consolidated election in April once the ballots have been canvassed and approved by the governing official.
1-2-20 MUNICIPAL OFFICERS – REGULATIONS.
(A) Effect. The provisions of this division shall apply alike to all officers and employees of the Village, regardless of the time of creation of the office or position or the time of the appointment of the officer or employee.
(B) Bond. Every officer an employee shall, if required by the Village Board, upon entering upon the duties of his office, give a bond in such amount and with such sureties as may be determined by the Board, conditioned upon the faithful performance of the duties of his office or position.
(C) Offices Vacated by Removal. Any officer of the municipality who leaves the municipality with the intention of permanently residing outside the limits thereof shall be deemed to have vacated his office.
(D) Leaves of Absence. Any officer desiring to be temporarily absent from the municipality shall apply to the Mayor for a leave of absence which may, in the discretion of the Mayor, be granted in writing for any time, and when granted, shall be filed with the Clerk.
(E) Books Delivered to Successor. Every officer shall, upon going out of office, deliver to his successor, all books, papers, furniture, and other things appertaining to such office, and which are the property of the Village. Within 5 days after notification and request, any person who has been an officer of a municipality is required to deliver to his successor in office, all property, books and effects in his possession belonging to the municipality or pertaining to the office he has held. Upon his refusal to do so, he shall be liable for all damages caused thereby, and shall upon conviction, be penalized according to the provisions of Section 1-1-20 of this Code.
(F) Books Open to Inspection. Every officer shall at all times, when required, submit the books and papers of his office to the inspection of the Mayor, or any committee or member of the Board.
(G) Fees. No officer of the municipality shall be entitled to charge or receive any fees as agent of the Village.
(H) Report of Fees. All officers of the Village entitled to receive fees shall keep a correct account thereof and make a report thereof, under oath, to the Village Board prior to the regular meeting of each month. In the report, they shall specify from whom such fees were received, for what service, and when received. All fees received shall be paid over into the Village Treasury.
(I) Other Rules and Regulations. Every officer of the Village shall perform such other duties and be subject to such other rules and regulations as the Board may provide by law.
(J) Oath. Before entering upon the duties of their respective offices, all municipal officers, whether elected or appointed, shall take and subscribe to the following oath:
“I, _________________, do solemnly swear that I will support the constitution of the United
States and the constitution of the State of Illinois and that I will faithfully discharge the duties of
the office of _______________, according to the best of my ability.”
1-2-21 RESIDENCY REQUIREMENTS. No person shall be eligible to any municipal office unless he is a qualified elector of the municipality and has resided therein at least one year next preceding his election or appointment. However, these requirements shall not apply to the municipal engineer, municipal attorney, or other officers who require technical training or knowledge. However, no person shall be eligible to any municipal office who is a defaulter to the municipality. (Ill. Rev. Stat., Ch. 24; S 3-14-1)
1-2-22 BONDS OF VILLAGE OFFICERS.
(A) Amount. Bonds of the Village officers required under Illinois Revised Statutes, Chapter 24, Section 3-14-3 shall be executed in the following penal sums:
Mayor ……………………………… $50,000
Village Treasurer ………………….. $50,000
Village Clerk ……………………… $100,000
(B) Premium Payment by Village. The surety bonds required by law shall be paid by the Village. (Ill. Rev. Stat., Ch. 103; S 16)
(C) Surety. The Village Board shall not receive or approve any bond or security whereon the name of the Village Board, any one of the Trustees, or any elected or appointed officer of the Village appear as bondsman or security. If, by mistake, a bond containing the name of any such officer is approved by the Village Board, or if any bondsman, after becoming such is elected or appointed to any Village Office, this section shall not act as a release of any such obligation incurred.
1-2-23 VILLAGE OFFICES CONSOLIDATED.
(A) The Village Board may, from time to time by law, impose upon any officer filling any office created by the ordinances of the Village, any such other or further duties as shall be consistent with the laws of this State, and may consolidate any two or more of the offices and impose the duties thereof upon any other officer and may make any such regulations respecting such offices as shall be consistent with the laws of this State.
(B) In case the Village Board consolidates any offices created by it, the person performing the duties of the offices so consolidated shall not be entitled on account thereof to receive any salary or compensation which he would not have been entitled to receive if such consolidation had not taken place.
(A) All contracts for purchases by the Village shall be in compliance with the statutes of the State of Illinois.
(B) Any work or public improvement which is not to be paid for in whole or in part by special assessment or by special taxation when the expense thereof will exceed $10,000.00 shall be constructed either:
(1) By a contract let to the lowest responsible bidder after advertising for bids in the manner prescribed by ordinance and statutes, except that any such contract may be entered into by the proper officers without advertising for bids if authorized vote of two-thirds of all Trustees then holding office;
(2) If authorized by a vote of two-thirds of all the Trustees or Board members then holding office, the Superintendent shall supervise and cause to be carried out the construction of the work or other public improvement and shall employ exclusively for the performance of all manual labor therein, laborers or artisans whom the municipality shall pay by the day or hour; and all material of the value of $10,000.00 and upward used in the construction of the work or the public improvement shall be purchased by contract let to the lowest responsible bidder I the manner prescribed by the Code of the Village. However, nothing contained in this chapter shall apply to any contract with the Village with the Federal Government or agents thereof.
(C) Definition. The lowest responsible bidder does not mean the lowest bidder financially only, but shall mean the bidder who, by experience and other qualifications is deemed most capable of performing the work required in a satisfactory manner. (Ill. Rev. Stat., Ch. 24; S 8-9-1 and 8-9-2)
1-2-25 SALARIES REGULATION.
(A) Elected. No salary or compensation of any elected municipal officer who is elected for a definite term of office shall be increased or diminished during such term.
(B) Appointed. No salary or compensation of any appointed official who is appointed for a definite term of office shall be decreased during such term, but may be increased. (Ill. Rev. Stat., Ch. 24; S 3-13-1)
Editor’s Note: The salary of appointed officials and employees may be established in the appropriation ordinance. The salary of elected officials must be established in an ordinance other than the appropriation ordinance.
(A) Presentation. All claims against the Village for goods purchased, damages, or originating in any other way, except for claims for salaries and other allowances that are fixed by ordinance must be presented at least on day prior to the meeting of each month to the Village Clerk. All such claims must be in writing and items shall be specified.
(B) Exception. This does not prohibit the Village Board from passing on any claims not previously presented to the Village Clerk, if, in the opinion of the Board, justice to the claimant requires it.
1-2-27 FISCAL YEAR. The fiscal year of the Village shall begin April 1st and end on the following March 31st. (Ill. Rev. Stat. Ch 24; S 1-1-2)
1-2-28 MUNICIPAL YEAR. The municipal year shall commence on May 1st and shall end on the following April 30th. No appointments shall be made during the last month of the municipal year in the year of a mayoral election.
1-2-29 EXPENSES- REIMBURSEMENT. Any municipal officer or employee is entitled to reimbursement for any reasonable actual expenses incurred by him in the performance of his duties. (Ill. Rev. Stat. Ch. 24; S 3-13-5 to 7)
1-2-30 VILLAGE RECORDS. All official records, including the Village Corporate Seal shall be kept in the Village Hall.
1-2-31 PECUNIARY INTERESTS IN CONTRACTS PROHIBITED. No municipal officer shall be interested, directly or indirectly in any contract, work, or business which (1) belong to the municipality; or (2) is sold for taxes or assessments; or (3) is sold by virtue of legal process at the suit of the municipality.
1-2-32 FEDERAL OLD AGE AND SURVIVOR’S INSURANCE SYSTEM.
(A) “Eligible Employees” shall mean all employees of the Village, eligible under the Federal Act, except persons elected to office by popular election and also the Village Treasurer and Village Attorney.
(B) Withholdings form salaries or wages of employees for the purpose provided in sections hereof are hereby authorized to be made in the amounts and at such times as may be required to be made in the amounts and at such times as may be required by applicable State or Federal laws or regulations, and shall be paid over to the State Agency in such amounts and at such times as are designated by State laws or regulations. (#1-74; 03-06-74)
1-2-33 to 1-2-34 RESERVED.