1991-0342/20/91
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ORDINANCE NO. 91- 34
AN ORDINANCE TO TAX
FOREIGN FIRE INSURANCE COMPANIES
WHEREAS, Section 11 -10 -1 of the Illinois Municipal Code
authorizes municipalities to levy a foreign fire insurance gross
receipts tax; and
WHEREAS, Section 11 -10 -2 of the Illinois Municipal Code, as
amended, requires any municipality containing less than 250,000
inhabitants which has an organized fire department to pass an
ordinance providing for the election of officers of the depart-
ment, by members of the department.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS:
Section 1. There is hereby added to the Municipal Code of
the Village of Buffalo Grove, Chapter 3.32 which is to read as
follows:
Chapter 3.32
Foreign Fire Insurance Tax
Section
3.32.010
Compliance
Section
3.32.020
Payment of Tax
Section
3.32.030
Verified Accounting
Section
3.32.040
Enforcement
Section
3.32.050
Insurance Agents
Section
3.32.060
Foreign Fire Insurance Board Created
Section
3.32.070
Officers, Quorum, Special Meetings
Section
3.32.080
Fund Established
Section
3.32.090
Powers and Duties
Section
3.32.100
Violation - Penalty
o •
3.32.010 Compliance. It shall be unlawful for any corpora-
tion or association, not incorporated under the laws of the State
of Illinois, to engage in the Village in effecting fire insur-
ance, or to transact any business of fire insurance in the
Village, by not fully complying with any of the requirements of
this Chapter, and until such requirements shall have been fully
complied with; but this provision shall not relieve any company,
corporation or association from the payment of any risk that may
be undertaken in violation of this Chapter.
3.32.020 Payment of Tax. Any such corporation, company or
association not incorporated under the laws of the State of
Illinois, which is engaged in the Village in effecting fire
insurance, shall pay the Village Treasurer or designee, for the
maintenance, use and benefit of the Fire Department of the
Village, a sum of money equal in amount to two (2) per cent annum
of the gross receipts received as premiums upon fire insurance
policies by any and all agents of such corporation, company or
association, during the year ending on the first day of July in
each year, for any insurance effected, or agreed to be effected
on property located in the Village, by or with such corporation,
company or association during such year.
3.32.030 Verified Accounting. Every person acting in.the
Village as agent, for or on behalf of any such corporation,
company or association, shall, on or before the fifteenth day of
July of each and every year, render the Village Clerk a full,
true and just account verified by his oath, o .a11 p.r.emiums upon
fire insurance policies which, during the year ending the first
day of July preceding such report, shall have been received by
him, or by some other person for him, in his behalf of any such
corporation, company or association on property located in the
Village. Such agent shall also at the time of rendering the
aforesaid report, pay to the Village Treasurer or designee the
sum of money for which company, corporation or association,
represented by him is chargeable, by virtue of the provisions of
this Chapter.
3.32.040 Enforcement. The sum of money for which such
company, corporation or association is so chargeable may be
recovered of it, or its agents or agent, by an action in the name
of and for the use of the Village. Nothing in this section shall
be held to exempt any person, corporation, company or association
from indictment and conviction under the provisions of an act
entitled "An Act to enable cities, towns and villages, organized
under any general or special law, to levy and collect a tax or
license fee from foreign insurance companies for the benefit of
organized fire departments ".
CPM
•
•
3.32.050 Insurance Agents. No insurance agent in the
Village shall have any insurance business or dealings with any
company, corporation or association not incorporated under the
laws of this State, which shall be in default for not reporting
or making payments as hereinbefore provided, until it shall have
complied with all the requirements of this Chapter.
3.32.060 Foreign Fire Insurance Board Created.
A. There is hereby established a Foreign Fire Insurance
Board ( "Fire Insurance Board ") which shall consist of
three (3) sworn members of the Village Fire Department.
B. The members of
following offi
Chairman; (2)
C. Members of the
year terms and
installed.
the Fire Department shall elect the
Hers to the Fire Insurance Board: (1)
Vice Chairman; (3) Secretary /Treasurer.
Fire Insurance Board shall serve three -
until their successors are elected and
D. Vacancies shall be filled by election of the members of
the Department for the balance of the unexpired term.
E. There is hereby established a Temporary Buffalo Grove
Fire Department Election Committee. The Temporary
Election Committee shall consist of three members. The
Chief of the Buffalo Grove Fire De:p&rtmen.t_ shall serve
as Chairman of the Committee. The Chief shall appoint
two members of the Department to serve on the Commit-
tee, one member of which shall be from the classified
ranks.
F. The Temporary Election Committee shall be responsible
for organizing, conducting and supervising the initial
election of Department officers to serve on the Fire
Insurance Board. Thereafter, the Fire Insurance Board
shall establish election procedures consistent with
this ordinance.
G. The Fire Insurance Board may adopt rules and regula-
tions governing the election of officers of the Board.
3.32.070 Officers, Quorum, Special Meetings. The Fire
Insurance Board shall, in accordance with the Open Meetings Act,
establish a regular time and place for its meetings. The chair-
man shall preside at the meetings. The secretary shall keep a
record of all resolutions, proceedings and actions of the Fire
Insurance Board and these records shall be open to the public.
-3-
Two members of the Fire Insurance Board shall constitute a quorum
for the transaction of its business. The affirmative vote of two
members of the Fire Insurance Board shall constitute approval of
business before it. Special meetings may be called by the
Chairman or by no less than two members of the Fire Insurance
Board. Any person shall be entitled to appear and be heard on
any matter before the Fire Insurance Board.
3.32.080 Account Established.
A. All funds received by the Village from the foreign fire
insurance tax shall be deposited in an account within
the Corporate Fund called "Foreign Fire Insurance Tax."
B. The Village Treasurer or designee shall provide the
treasurer of the Fire Insurance Board an annual ac-
counting of receipts and expenditures of said Account.
C. Any expenditure made from said Account shall be subject
to the Village's purchasing requirements and procedures
and the Village's Municipal Code, as from time to time
amended. Any check drawn on the Account shall be
processed and executed according to current Village
procedures.
3.32.090 Powers and Duties.
A. The Fire Insurance Board shall have the power to ap-
prove the expenditure of monies from the Account for
the maintenance, use and benefit of the Department.
B. The Fire Insurance Board may adopt rules and regula-
tions for governing the Fire Insurance Board and the
execution of the duties of the Fire Insurance Board,
and provide for election of the Fire Insurance Board.
C. The Fire Insurance Board may amend or revoke rules and
regulations so adopted.
3.32.100 Violation -- Penalty. Any person, firm or corpora-
tion violating any of the provisions of this Chapter shall be
punished as provided in Chapter 1.08.
Section 2. That all ordinances, and parts of ordinances,
conflicting with the provisions and terms of this ordinance are
hereby repealed.
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• o
Section 3. This ordinance shall be in full force and effect
from and after its passage, approval and publication. This
ordinance may be published in pamphlet form..
AYES: 6 - Marienthal. Reid. Shifrin. Mathias. O'Malley, Kahn
NAYES : 0 - None
ABSENT: 0 - None
PASSED: March 18 , 1991.
APPROVED: March 18 , 1991.
PUBLISHED: March 19 , 1991.
A'T'TEST
'llage Clerk
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APPROV
Village Presi ent
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. �—
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS DAY OFC1/t� , 19-1/z.
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake Counties, Illi ois,
this � day of �'/J/�� 19�.
Deputy Village Clerk
2/20/91
ORDINANCE NO. 91- 34
AN ORDINANCE TO TAX
FOREIGN FIRE INSURANCE COMPANIES
WHEREAS, Section 11 -10 -1 of the Illinois Municipal Code
authorizes municipalities to levy a foreign fire insurance gross
receipts tax; and
WHEREAS, Section 11 -10 -2 of the Illinois Municipal Code, as
amended, requires any municipality containing less than 250,000
inhabitants which has an organized fire department to pass an
ordinance providing for the election of officers of the depart-
ment, by members of the department.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS:
Section 1. There is hereby added to the Municipal Code of
the Village of Buffalo Grove, Chapter 3.32 which is to read as
follows:
Chapter 3.32
Foreign Fire Insurance Tax
Section
3.32.010
Compliance
Section
3.32.020
Payment of Tax
Section
3.32.030
Verified Accounting
Section
3.32.040
Enforcement
Section
3.32.050
Insurance Agents
Section
3.32.060
Foreign Fire Insurance Board Created
Section
3.32.070
Officers, Quorum, Special Meetings
Section
3.32.080
Fund Established
Section
3.32.090
Powers and Duties
Section
3.32.100
Violation - Penalty
3.32.010 Compliance. It shall be unlawful for any corpora-
tion or association, not incorporated under the laws of the State
of Illinois, to engage in the Village in effecting fire insur-
ance, or to transact any business of fire insurance in the
Village, by not fully complying with any of the requirements of
this Chapter, and until such requirements shall have been fully
complied with; but this provision shall not relieve any company,
corporation or association from the payment of any risk that may
be undertaken in violation of this Chapter.
3.32.020 Payment of Tax. Any such corporation, company or
association not incorporated under the laws of the State of
Illinois, which is engaged in the Village in effecting fire
insurance, shall pay the Village Treasurer or designee, for the
maintenance, use and benefit of the Fire Department of the
Village, a sum of money equal in amount to two (2) per cent annum
of the gross receipts received as premiums upon fire insurance
policies by any and all agents of such corporation, company or
association, during the year ending on the first day of July in
each year, for any insurance effected, or agreed to be effected
on property located in the Village, by or with such corporation,
company or association during such year.
3.32.030 Verified Accounting. Every person acting in the
Village as agent, for or on behalf of any such corporation,
company or association, shall, on or before the fifteenth day of
July of each and every year, render the Village Clerk a full,
true and just account verified by his oath, of_ all premiums upon
fire insurance policies which, during the year ending the first
day of July preceding such report, shall have been received by
him, or by some other person for him, in his behalf of any such
corporation, company or association on property located in the
Village. Such agent shall also at the time of rendering the
aforesaid report, pay to the Village Treasurer or designee the
sum of money for which company, corporation or association,
represented by him is chargeable, by virtue of the provisions of
this Chapter.
3.32.040 Enforcement. The sum of money for which such
company, corporation or association is so chargeable may be
recovered of it, or its agents or agent, by an action in the name
of and for the use of the Village. Nothing in this section shall
be held to exempt any person, corporation, company or association
from indictment and conviction under the provisions of an act
entitled "An Act to enable cities, towns and villages, organized
under any general or special law, to levy and collect a tax or
license fee from foreign insurance companies for the benefit of
organized fire departments ".
-2-
k
3.32.050 Insurance Agents. No insurance agent in the
Village shall have any insurance business or dealings with any
company, corporation or association not incorporated under the
laws of this State, which shall be in default for not reporting
or making payments as hereinbefore provided, until it shall have
complied with all the requirements of this Chapter.
3.32.060 Foreign Fire Insurance Board Created.
A. There is hereby established a Foreign Fire Insurance
Board ( "Fire Insurance Board ") which shall-consist of
three (3) sworn members of the Village Fire Department.
B. The members of
following offi
Chairman; (2)
C. Members of the
year terms and
installed.
the Fire Department shall elect the
Hers to the Fire Insurance Board: (1)
Vice Chairman; (3) Secretary /Treasurer.
Fire Insurance Board shall serve three -
until their successors are elected and
D. Vacancies shall be filled by election of the members of
the Department for the balance of the unexpired term.
E. There is hereby established a Temporary Buffalo Grove
Fire Department Election Committee. The Temporary
Election Committee shall consist of three members. The
Chief of the Buffalo Grove Fire Department shall serve
as Chairman of the Committee. The Chief shall appoint
two members of the Department to serve on the Commit-
tee, one member of which shall be from the classified
ranks:
F. The Temporary Election Committee shall be responsible
for organizing, conducting and supervising the initial
election of Department officers to serve on the Fire
Insurance Board. Thereafter, the Fire Insurance Board
shall establish election procedures consistent with
this ordinance.
G. The Fire Insurance Board may adopt rules and regula-
tions governing the election of officers of the Board.
3.32.070 Officers, Quorum, Special Meetings. The Fire
Insurance Board shall, in accordance with the Open Meetings Act,
establish a regular time and place for its meetings. The chair-
man shall preside at the meetings. The secretary shall keep a
record of all resolutions, proceedings and actions of the Fire
Insurance Board and these records shall be open to the public.
-3-
Two members of the Fire Insurance Board shall constitute a quorum
for the transaction of its business. The affirmative vote of two
members of the Fire Insurance Board shall constitute approval of
business before it. Special meetings may be called by the
Chairman or by no less than two members of the Fire Insurance
Board. Any person shall be entitled to appear and be heard on
any matter before the Fire Insurance Board.
3.32.080 Account Established.
A. All funds received by the Village from the foreign fire
insurance tax shall be deposited in an account within
the Corporate Fund called "Foreign Fire Insurance Tax."
B. The Village Treasurer or designee shall provide the
treasurer of the Fire Insurance Board an annual ac-
counting of receipts and expenditures of said Account.
C. Any expenditure made from said Account shall be subject
to the Village's purchasing requirements and procedures
and the Village's Municipal Code, as from time to time
amended. Any check drawn on the Account shall be
processed and executed according to current Village
procedures.
3.32.090 Powers and Duties.
A. The Fire Insurance Board shall have the power to ap-
prove the expenditure of monies from the Account for
the maintenance, use and benefit of the Department.
B. The Fire Insurance Board may adopt rules and regula-
tions for governing the Fire Insurance Board and the
execution of the duties of the Fire Insurance Board,
and provide for election of the Fire Insurance Board.
C. The Fire Insurance Board may amend or revoke rules and
regulations so adopted.
3.32.100 Violation -- Penalty. Any person, firm or corpora-
tion violating any of the provisions of this Chapter shall be
punished as provided in Chapter 1.08.
Section 2. That all ordinances, and parts of ordinances,
conflicting with the provisions and terms of this ordinance are
hereby repealed.
-4-
a
Section 3. This ordinance shall be in full force and effect
from and after its passage, approval and publication. This
ordinance may be published in pamphlet form.
AYES: 6 - Marienthal. Reid. Shifrin, Mathias, O'Malley, Kahn
NAYES : 0 - None
ABSENT: 0 - None
PASSED: March 18 , 1991.
APPROVED: March 18 , 1991.
PUBLISHED: March 19 , 1991.
Village President
•ila e
s Clerk g
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