Chapter 2: Administration

Sec. 2-1. Corporate Seal Described

The corporate seal of the Village shall be a circular dish containing the words "Village Seal" within a
circle formed by the words "Village of Durand, Winnebago County."

Cross reference - Village Clerk to be custodian of Village seal, 2-81.

State law reference - Authority to have a corporate seal, Ill. Rev. Stat., Ch. 24, 2-2-12.

Sec. 2-2. Fiscal Year Established

The fiscal year of the Village shall begin on the first day of May of each year and end on the last day of
April of the following year.

State law reference - Authority to establish fiscal year, Ill. Rev. Stat., Ch. 24, 1-1-2(5).

Sec. 2-3. Annual Audit; Reports

As soon as practical at the close of each fiscal year, and no later than six (6) months thereafter, there shall
be an audit of accounts of the Village made by a competent person authorized to act as an auditor under the
laws of the state, who shall be designated by the Village Board of Trustees. Copies of the audit report shall be
filed with the Village Clerk.

State law reference - Municipal audit law, Ill. Rev. State., Ch. 24 8-8.1 et. seq.

Sec. 2-4. Elections

Elections of the Village President and Village Trustees shall be held on the first Tuesday of April in odd -
numbered years and the elections of all other Village offices shall be held as is provided by statute. Terms of
newly elected officers or new terms of reelected officers shall begin at the first regular or special meeting in
May following such election. (Ord. No. 1997-6; 2/97)

State law reference - Elections generally, Ill. Rev. Stat, Ch. 46; time of holding elections, Ch. 46, 2 -1 et seq.;
election of President and trustees of Village, Ch. 24, 3-5-3; election of Clerk, Ch. 24, 3-5-9.

Sec. 2-5. Surety Bond

Whenever a surety bond to indemnify the Village is required as a prerequisite to exercising the duties of
any office or position, or to the issuance of a license or permit or the exercise of any special privilege, the
surety on such bond shall be a corporation licensed and authorized to do business in this state as a surety
company, in the absence of specific provision to the contrary by ordinance.

Sec. 2-6. - 2-15. Reserved

Sec. 2-16. Application of Article

The provisions of this article shall apply alike to all officers or employees of the Village, regardless of the
time of the creation of the office or of the time of the appointment of the officer.

Sec. 2-17. Appointments

The Village President and Board of Trustees shall make appointments to fill all appointive offices.
Employees shall be selected by the Village President.

Cross reference - Election of Village officers, 2-4

State law reference--Appointments generally, Ill. Rev. Stat., Ch. 24, 3-8-1.

Sec. 2-18. Oath of Office

Every officer of the Village shall, before entering upon his duties, take the oath prescribed by state law.

State law reference--Oath of office, Ill. Rev. Stat., Ch. 24, 3-14-3.

Sec. 2-19. Bond

Every officer and employee shall, if required by the Board of Trustees, before entering upon the duties of

his office, give a bond in such amount as may be determined by the Board and with such sureties as it may
approve, conditioned upon the faithful performance of the duties of his office or position.

Cross reference - bond of Village President, 2 -64; bond of Village Clerk, 2 -79; bond of Village treasurer, 2 -
96; bond of police chief, 14-27.

State law reference--Bond of officers, Ill. Rev. Stat., Ch. 24 3-14-3.

Sec. 2-20. Terms of Office; Vacancies

Every appointive officer or employee of the Village shall hold office for a term of one (1) year or until his
successor is appointed and qualified unless it is otherwise provided by ordinance. Employees selected shall
serve so long as their services are desired.

Sec. 2-21. Salaries; Retention of Fees by Salaried Employees

All officers and employees of the Village shall receive such salaries as may be provided from time to time
by ordinance.

Sec. 2-22. Availability of Records for Inspection

All records kept by any officer of the Village shall be open to inspection by the Village President, or any
member of the Board of trustees at all reasonable times, whether or not such records are required to be kept by
statute or ordinance.

Sec. 2-23. Arrest Authority

Every member of the police department is hereby declared to be conservators of the peace with such
powers and authority to make arrests as are given to conservators of the peace by statute.

State law reference - For similar provisions, see Ill. Rev. Stat., Ch. 24, 3-9-4.

Sec. 2-24. Surrender of Effects of Office

Every officer of the Village upon the termination of his office, for any cause whatsoever, shall deliver to
his successor all books and records which may be property of the Village and if no successor has been
appointed within one (1) week after the termination of office such property shall be delivered either to the
Village Clerk or to the Village Treasurer.

Sec. 2-25. Interfering with Officers

It shall be unlawful to interfere with or hinder any officer or employee of the Village while engaged in
the duties of his office.

State law reference - obstructing peace officers, Ill. Rev. Stat., Ch. 38, 31-1.

Sec. 2-26. Reimbursement of Travel, Meal, and Lodging Expenses-Definitions

“Entertainment” includes, but is not limited to shows, amusements, theaters, circuses, sporting events,
or any other place of public or private entertainment or amusement, unless ancillary to the purpose of the
program or event.

“Public Business” means expense incurred in the performance of a public purpose which is required or
useful for the benefit of the Village to carry out the responsibilities of Village business.

“Travel” means expenditure directly incident to official travel by employees and officers of the
Village or by wards or charges of the Village involving reimbursement to travelers or direct payment to private
agencies providing transportation or related services. (Ord. 2016-8, 12/27/16, effective 3/1/17)

Sec. 2-27. Reimbursement of Travel, Meal, and Lodging Expenses

A. The Village shall only reimburse the following types of travel, meal, and lodging expenses incurred by
its employees and officers up to the following maximum allowable amounts:

a. Up to $50.00 per day for reasonable travel expenses while traveling in collar counties, and for
an amount up to $75.00 per day for reasonable travel expenses while traveling in Cook
County or in any municipality wherein the population exceeds 500,000. Such expenditures
must be verified by expense rec eipts submitted to the Village, in the event that travel
expenses total greater than $50.00 per day in a collar county, the employee or officer shall be
responsible for the amount that exceeds $50.00, unless otherwise approved in accordance
with subsection (c) of this Section. In the event that t ravel expenses total greater than $75.00
per day in Cook County or in any municipality wherein the population exceeds 500,000, the
employee or officer shall be responsible for the amount that exceeds $75.00, unless otherwise
approved in accordance with subsection (c) of this Section.

b. Up to $50.00 per day for reasonable meal expenses while traveling in collar counties, and for
an amount up to $75.00 per day for reasonable meal expenses while traveling in Cook County
or in any municipality wherein the population exceeds 500,000. Such expenditures must be
verified by expense receipts submitted to the Village. In the event that meal expenses total
greater than $50.00 per day in a collar county, the employee or officer shall be responsible for
the amount that exceeds $50.00, unless otherwise approved in accordance with subsection (c)
of this Section. In the event that meal expenses total greater than $75.00 per day in Cook
County or in any municipality wherein the population exceeds 500,000, the employee or
officer shall be responsible for the amount that exceeds $75.00, unless otherwise approved in
accordance with subsection (c) of this section.

c. Up to $100.00 per day for reasonable lodging expenses while traveling in collar counties, and
for an amount up to $200.00 per day for reasonable lodging expenses while traveling in Cook
County or in any municipality wherein the population exceeds 500,000. Such expenditures
must be verified by expense receipts submitted to the Village. In the event that lodging
expenses total greater than $100.00 per day in a collar county, the employee or officer shall
be responsible for the amount that exceeds $100.00, unless otherwise approved in accordance
with subsection (c) of this Section. In the event that lodging expenses total greater than
$200.00 per day in Cook County or in any municipality wherein the population exceeds
500,000, the employee or officer shall be responsible for the amount that exceeds $200.00,
unless otherwise approved in accordance with subsection (c) of this Section.

Alcohol is specifically excluded from reimbursement.

B. No reimbursement of travel, meal or lodging expenses incurred by a Village employee or officer shall
be authorized unless the “Travel, Meal, and Lodging Expense Reimbur sement R equest Form”,
attached hereto and made a part hereof, has been submitted and approved. All documents and
information submitted with the form shall be subject to disclosure under the Freedom of Information
Act (5 ILCS 140-1 et seq.)

C. Expenses for travel, meals, and lodging of (1) any officer or employee that exceeds the maximum
reimbursement allowed under this Section or (2) any Member of the corporate authorities of the
Village may only be approved by roll call vote at an open meeting of the corporate authorities of the
Village. However, in the event of an emergency or other extraordinary circumstances, the corporate
authorities may approve more than the maximum allowable expenses set forth above.

D. The Village shall not reimburse any elected official, employee, or officer for any activities which
would be considered entertainment. Activities which would otherwise be considered entertainment,
but which are excluded from the prohibition on reimbursement due to being ancillary to the purpose of
the program or event, may be reimbursed in accordance with the provisions of the Section. (Ord.
2016-8, 12/27/16, effective 3/2/17)

2-28 - 2-35. Reserved.

Sec. 2-36. Composition; Term; Duties and Powers

The Board of Trustees, consisting of six (6) members, shall be elected to office for a four (4) year term as
provided by statute. This Board of Trustees shall be the legislative department of the Village government, and
shall perform such duties and have such powers as may be delegated to it by statute.

Cross references - Appointive power of Village Board of trustees, 2-17; Village President to serve as President
of Board of trustees, 2-62.

State law references - Board of trustees to have legislative powers, Ill. Rev. Stat. Ch. 24 5 -3-6; election of
Board of trustees, Ch. 24 3-12-1; number of trustees, Ch. 24 3-5-2; qualifications of officers generally, Ch. 24
3-14-1; Board of trustees to have powers granted to aldermen in cities, Ch. 24 3 -14-4; powers and duties of
aldermen, Ch. 24 3-11-9.

Sec. 2-37. Oath; Salary

Members of the Board of Trustees elected at or after the April 2025 Consolidated Election shall take the
oath of office prescribed by statute and shall receive as compensation the sum of one hundred dollars

($100.00) per regular or special Village Board meeting attended. Members of the Board of Trustees whose
terms commenced prior to May 1, 2025, shall receive as compensation the sum of one thousand two hundred
dollars ($1,200.00) per calendar year, consistent with prior ordinance. (Ordinance 2023-6; 4/24/2023)

State law references - Oath of office, Ill. Rev. Stat. Ch. 24 3-14-3; compensation of Board of trustees, Ch. 24 3-
13-7.

Sec. 2-38. Committee of the Whole, Special Committees. (Ord. 2015-5, Amending ARTICLE 3, Sec. 2 -

38) (Ord. 2015-13, Amending ARTICLE 3,

Sec. 2-38. , as of 11/23/2015)

A. To afford the opportunity to more thoroughly examine matters presented to the Village for
deliberation and action, the Village Board of Trustees shall also meet, in the manner and at the times
described herein, as a Committee of the Whole.

B. The Committee of the Whole shall be comprised of all members of the Board of Trustees.

C. The Committee of the Whole shall meet on the second (2nd) and fourth (4th) Monday of each month at
6:00 P.M. CST. If a regular meeting date falls on a legal holiday, the meeting shall be held the next
secular day at the same hour and place.

D. The Village President shall preside over all meetings of the Committee of the Whole and recognize
members wishing to speak.

E. The Committee of the Whole shall have six (6) subcommittees: Water & Sewer, Streets & Alleys,
Buildings & Parks, Finance, Economic Development and Police. Each aforementioned subcommittee
shall consist of one (1) cha ir and have three (3) total members, unless the Board of Trustees directs
otherwise. All subcommittee members shall be appointed by the Village President with the advice
and consent of the Board of Trustees.

F. Unless changed by a majority vote of the Village Board of Trustees, the subcommittees detailed above
shall have the areas of responsibility as follows:

a. Water & Sewer : All issues dealing with the construction, maintenance, or operation of the
sanitary and water systems.

b. Streets and Alleys: All issues dealing with the construction or maintenance of streets, alleys,
sidewalks, and storm sewers.

c. Buildings & Parks: Maintenance and operation of existing land, buildings, or programs
owned, supported and/or operated by the Village.

d. Finance: All aspects of municipal finance, including wages and benefits, management of
funds and investments, review of audits and budgets, etc.

e. Economic De velopment: Development of new programs or facilities to be owned and/or
operated by the Village.

f. Police: All issues dealing with the Police Department, including school crossing guards.

g. The Committee of the Whole shall have jurisdiction over all matters encompassed by the six
(6) subcommittees described above. The Committee of the Whole shall receive the reports
from each subcommittee, deliberate on them prior to Village Board consideration, and
recommend to the Village Board whatever action it so deems appropriate. The Committee of
the Whole shall also consider such matters as referred to it by the Village Board, by the
Village President, an individual member of the Village Board of Trustees, or any agent of the
Village.

h. All members of the Committee of the Whole shall have one (1) vote.

i. The Village Clerk shall be present at all Committee of the Whole meetings and shall keep a
record of subjects discussed by the Committee, reports presented to the Committee, and the
number of yeas and nays on votes taken.

j. Special meetings of the Committee of the Whole may be called by the Village President or by
any three (3) members of the Village Board of Trustees. Public notice of all meetings shall be
given twenty-four (24) hours prior to the meeting time, and such notice, together with a copy
of the agenda for the meeting, shall be posted in compliance with the notice provisions of the
Open Meetings Act.

k. Special committees may be created from time to time as directed by the Board of Trustees or
the Village President, with membership in said committees to be appointed by the Village
President on the advice and consent of the Village Board of Trustees. Such committees fall
within the jurisdiction of the Committee of the Whole and shall tender reports to the
Committee of the Whole in accordance with subsection (e) above.

l. The latest published edition of Robert’s Rules of Order, Revised, shall govern the Committee
of the Whole in all cases to which it is applicable and in which it is not inconsistent with
ordinances or laws of the state. (Ordinance 2015 -5; 6/22/2015) (Ordinance 2015 -13,
11/23/2015)

Sec. 2-39. - 2-43. Reserved

Sec. 2-44. Time and Place of Regular Meetings

a. The regular meetings of the Board of trustees shall be held on the second and fourth Monday of each
month beginning at 7:30 p.m., and no notice of such regular meeting shall be required.

b. The meeting place of the Board of trustees shall be at the Village Hall unless otherwise ordered by the

Board.

c. If a regular meeting date falls on a legal holiday, the meeting shall be held the next secular day at the
same hour and place.

State law reference - Authority to enact ordinance setting time and place for regular meetings, Ill. Rev. Stat.
Ch. 24 3-11-13.

Sec. 2-45. Special Meetings; Call; Notice

Special meetings of the Board of trustees may be called by the Village President or any three (3) members
of the Board upon at least twenty-four (24) hours' notice to all members and the President; provided, that if all
of the members of the Board are present at a special meeting, no notice of the meeting shall be necessary, and
such notice shall be deemed waived.

State law reference - Special meetings; call; authority to prescribe manner of giving notice, Ill. Rev. Stat. Ch.
24 3-11-3.

Sec. 2-46. President to be Presiding Officer

The Village President shall be the presiding officer of all regular and special meetings of the Board of
trustees and at all times when the Board meets as a committee of the whole.

State law reference - Presiding officer at meetings of Board of trustees, Ill. Rev. Stat., Ch. 24, 3-11-14.

Sec. 2-47. Quorum; Required Votes

A majority of the members of the Board of trustees shall constitute a quorum to do business. No ordinance
shall be passed except upon a favorable vote of a majority of the elected members, as provided by statute.

State law references - Quorum at meetings of Board of trustees, Ill. Rev. Stat., Ch. 24, 3 -11-12; approval of
ordinances, Ch. 24, 3-11-18.

Sec. 2-48. Order of Business

The order of business of the Village Board of trustees shall be as follows:
A. Roll call.

B. Approval of minutes.

C. Treasurer's report.

D. Bills.

E. Reports.

F. Unfinished business.

G. New business.

H. Adjournment.

Sec. 2-49. Consent of Board Required to Address Meetings; Exceptions

No person other than the Village President or a member of the Village Board of trustees shall address the
Board of trustees at any regular or special meeting except upon consent of a majority of the members present.

The following Public Comment Policy was approved by the Village Board of trustees on March 14, 2011.

PUBLIC COMMENT POLICY

WHEREAS, Public Act 096-1473 amending the Illinois Open Meetings Act provides that any person
shall be permitted an opportunity to address the Board of Trustees in open regular meeting: and

WHEREAS, it is in the public interest that the Board of Trustees establish and maintain an orderly and
efficient procedure for allowing public comment while maintaining the ability to address the public business
that comes before the Village Board in an orderly and timely manner.

IT HENCEFORTH SHALL BE THE POLICY of the Village of Durand, Illinois to allow a reasonable
period of time for the receipt of public comments subject to the following rules and procedures:

1. Time shall be scheduled at the beginning of each Village Board of Trustees’ meeting agenda for the
receipt of public comments.

2. Any person in attendance at the Village Board of Trustees meeting shall be allowed to address the
Board of Trustees.

3. Public comments of any one individual shall be limited to no more than three (3) minutes duration.
After conclusion of the person’s comment any Board member may ask the person making the public
comment question(s) and such person shall be given an additional reasonable time to respond to the

question(s) at the sole discretion of the Board of Trustees. However, in the event that several people
or a group of people all in attendance at the Board meeting wish to collectively make a presentation or
comment on an agreed issue or subject said group is encouraged to select a spokesperson who shall
identify for whom he or she is speaking and be allowed at the sole discretion of the Board of Trustees
additional time to address the Board of Trustees, but in no event shall the total time allowed be more
than ten (10) minutes.

4. This policy shall be in effect immediately upon passage and posting in the Village of Durand building.

(PASSED AND APPROVED THIS 14TH DAY OF MARCH, 2011)

Sec. 2-50. Robert's Rules of Order Applicable

Robert's Rules of Order , as revised shall govern the deliberations of the Village Board of trustees except
when in conflict with any of the provisions of this division.

State law reference - Authority of Village to determine its own rules, Ill. Rev. Stat., Ch. 24, 3-11-11.

Sec. 2-51. Suspension of Rules

The rules of order, other than those prescribed by statute may be suspended at any time by the consent of a
majority of the members of the Board of trustees present at any meeting.

Sec. 2-52. - 2-61. Reserved

Sec. 2-62. Election; Term of Office; to Serve as President of Board of Trustees. The Village President shall be

elected for a term of four years.

Sec. 2-63. Oath of Office

The Village President shall take the oath of office prescribed by state law.

State law reference - Oath of municipal officers, Ill. Rev. Stat., Ch. 24, 3-14-3.

Sec. 2-64. Bond

Before entering upon the duties of his office the President shall give a bond with sureties to be approved
by the Village Board of trustees conditioned upon the faithful performance of his duties, in the sum of three
thousand dollars ($3,000.00) or such higher sum as may be directed by the Board of trustees.

Cross references - Surety bonds generally, 2-5; bonds of officers generally, 2-19.

State law reference - Bond of municipal employees, Ill. Rev. Stat., Ch. 24, 3-14-3.

Sec. 2-65. Compensation

The Village President shall, effective May 1, 1997 receive as compensation an annual salary of three
thousand six hundred dollars ($3,600.00). Prior to May 1, 1997, the Village President shall receive as
compensation, the sum of two thousand four hundred dollars ($2,400.00) per calendar year.

State law reference - Compensation of President, Ill. Rev. Stat., Ch. 24, 3-13-6.

Sec. 2-66. Powers and Duties

A. The Village President shall be the chief executive officer of the Village and he shall perform all duties
that may be required of him by statute or ordin ance. He shall have supervision over all the executive
officers of the Village.

B. Whenever there is a question as to the respective duties and powers of any appointed officer of the
Village it shall be settled by the Village President. The Village President shall have the power to
delegate to any appointed officer any duty which is to be performed when no specific officer has been
assigned that duty by ordinance.

That the Village President is hereby authorized to appoint an officer(s) and/or an employee(s) for the
purpose of selling the items of personal property, namely certain unclaimed bicycles, street signs that are no
longer the correct size, fire hydrants and miscellaneous other items of Village personal property that are no
longer of use to the Village in such manner as the Board of Trustees deems proper, with or without advertising
the sale. (Ord. 2010-11; 11/22/2010)

State law references - Powers and duties of Village President, Ill. Rev. Stat., Ch. 24, 3 -12-1 et seq.; President
to have same powers and duties which mayors of cities have, Ch. 24, 3-12-2; powers and duties of mayors, Ch.
24, 3-11-1 et seq.

Sec. 2-67. Election of President Pro-tem

During a temporary absence or disability of the Village President the Board of trustees shall elect one (1)
of its number to act as President pro -tem, who during the absence or disability of the President shall perform
the duties pertaining to the office.

State law references - Authority of trustees to elect acting President, Ill. Rev. Stat., Ch. 24, 3 -5-1; mayor pro-
tem, Ch. 24, 3-11-7.

Sec. 2-68. - 2-77. Reserved

Sec. 2-78. Election; Term

The Village Clerk shall be elected and serve for a four (4) year term and until his successor is appointed
and qualified as is provided by statute.

Cross reference - Elections generally, 2-4.

State law reference, Election, term of Clerk, Ill. Rev. Stat., Ch. 24, 3-5-9.

Sec. 2-79. Bond

Before entering upon the duties of his office the Village Clerk shall execute a bond in a sum of not less
than three thousand dollars ($3,000.00).

Cross references - Surety bonds generally, 2-5; bond of officers generally, 2-19.

State law reference - Bond of municipal employees, Ill. Rev. Stat., Ch. 24, 3-14-3.

Sec. 2-80. Compensation

The Village Clerk shall, effective May 1, 2009, receive as compensation, the sum of One Thousand Eight
Hundred Dollars ($1,800.00) per calendar year. Prior to May 1, 2009, the Village Clerk shall receive as
compensation the sum of One Thousand Three Hundred Twenty Dollars ($1,320.00) per calendar year.
(Ord. 2008-10; 9/29/2008)

Sec. 2-81. Custodian of Village Seal; Sealing and Attesting Documents

The Village Clerk shall be custodian of the Village seal and shall seal and attest all contracts of the
Village, and all licenses, permits and other documents as shall require this formality.

Cross reference - Corporate seal described, 2-1.

Sec. 2-82. Accounts to be Kept; Money to be Turned Over to Treasurer

The Village Clerk shall keep accounts showing all money received by the Clerk, and the source and
disposition thereof, and shall turn over all money received by him on behalf of the Village to the Village
treasurer promptly on receipt of the same with a statement as to the source of the money.

Sec. 2-83. Records to be Kept

In addition to the record of ordinance and other records which the Village Clerk is required by statute to
keep, he shall keep a register of all licenses, and permits issued, and the payments thereon; a record showing
all of the officers and regular employees of the Village, and such other records as may be required by the
Board of Trustees.

Sec. 2-84. - 2-93. Reserved

Sec. 2-94. Office Created; Appointment; Term

There is hereby created the office of Village treasurer, who shall be appointed by the Village President of
the Board of trustees as provided by statute.
State law reference - Authority to appoint treasurer, Ill. Rev. Stat., Ch. 24, 3-8-1.

Sec. 2-95. Compensation

The Village treasurer shall receive such amount as may be established from time to time by ordinance.

Cross references - Annual audit required, 2 -3; accounts to be kept by Village Clerk and funds to be turned
over to Village treasurer, 2-82; taxation, 16-1 et seq.

Sec. 2-96. Bond

The Village Treasurer shall give a bond, before entering upon his duties in the sum required by the Board
of trustees. This bond shall be conditioned upon the faithful performance by the treasurer of his duties, and
shall be conditioned to indemnify the Village for any loss by reason of any neglect of duty or any act of the
treasurer.

Cross references - Surety bonds generally, 2-5; bonds of officers generally, 2-19.

State law reference - Bond of officers, Ill. Rev. Stat., Ch. 24, 3-14-3.

Sec. 2-97. Duties Generally

The Village Treasurer shall perform such duties as may be prescribed for him by statute or ordinance. He
shall receive all money paid into the Village either directly from the person paying the money or from the
hands of such other officer or employee as may receive it, and he shall pay out money only on vouchers or
orders properly signed by the Village President and Village Clerk.
State law references - Duties of treasurer generally, Ill. Rev. Stat., Ch. 24, 3-10-1.

Sec. 2-98. Deposit of Funds; Commingling

The Village Treasurer shall deposit the Village funds in such depositories as may be selected and approved
by the Board of Trustees from time to time as is provided by law; and he shall keep the deposit of the Village
money separate and distinct from his own money, and shall not make private or personal use of any Village
money.

State law references - Deposit of funds, Ill. Rev. Stat., Ch. 24, 3-10-3; personal use of funds, Ch. 24, 3-10-4.

Sec. 2-99. Records Required

The Village treasurer shall keep the records showing all money received by him, showing the source from
which it is received and the purpose for which it is paid, and he shall keep records at all times showing the
financial status of the Village.

Sec. 2-100. Accounts Required

The Village Treasurer shall keep such books and accounts as may be required by statute or ordinance, and
he shall keep them in the manner required by the Village Board of Trustees.

State law reference - Duty to keep accounts, Ill. Rev. Stat., Ch. 24, 3-10-1.

Sec. 2-101. - 2-110. Reserved

Sec. 2-111. Office Created; Appointment

There is hereby created the office of Village Attorney, an executive office of the Village. The Village
Attorney shall be appointed by the Village President and Board of Trustees.

Sec. 2 -112. Retaining Counsel when Office of Village Attorney is not Filled; Appointment of Special
Counsel.

The Village President, with the consent of the Board of Trustees, may from time to time retain an attorney
to represent or advise the Village on legal matters, if no Village Attorney has been appointed. The Village
President may likewise retain special counsel to advise or represent the Village on special matters or to assist
the Village Attorney.

Sec. 2-113. Duty to Render Legal Advice; when Opinions are to be in Writing

The Village Attorney shall be the legal advisor of the Village, and shall render advice on all legal
questions affecting it, whenever requested to do so by any Village official. Upon request by the Village
President or the Board of Trustees, he shall reduce any such opinion to writing.

Sec. 2-114. Duty to Prosecute and Defend Suits

The Village Attorney shall prosecute or defend all suits or actions at law or equity to which the Village
may be a party, or in which it may be interested, or which may be brought against or by any officer of the
Village on behalf of the Village or in the capacity of such person as an officer of the Village.

Sec. 2-115. Duty to have Judgments, Decrees and Orders Enforced

It shall be the duty of the Village Attorney to see to the full enforcement of all judgments or decrees
rendered or entered in favor of the Village, and of all similar interlocutory orders.

Sec. 2-116. - 2-125. Reserved

Sec. 2-126. Office Created; Appointment

There is hereby created the office of superintendent of public works who shall be appointed by the Village
President with the consent of Board of trustees.

Sec. 2-127. Supervision of Public Streets

The superintendent of public works shall have charge of the public streets and supervision over the
maintenance and repair of the same.

Sec. 2-128. Supervision of Maintenance and Repair of Public Property

A. The superintendent of public works shall have charge of the maintenance and repair of all Village
owned buildings.

B. All physical property of the Village which is not assigned by the Board of trustees to some other
officer or employee shall be in the care and custody of the superintendent of public works.

Sec. 2-129. - 2-139. Reserved

Sec. 2-140. Establishment and Composition

A. There is created the Village ESDA to prevent, minimize, repair and alleviate injury or damage
resulting from disaster caused by enemy attack, sabotage, or other hostile action, or from natural or
manmade disaster, in accordance with "the Illinois Emergency Services and Disaster Act of 1975."

B. This ESDA shall consist of the coordinator and such additional members as may be selected by the
coordinator.

Sec. 2-141. Coordinator; Responsibility

A. The coordinator of the Village ESDA shall be appointed by the Village President and shall serve until
removed by same.

B. The coordinator shall have direct responsibility for the organization, administration, training, and
operation of the ESDA, subject to the direction and control of the Village President as provided by
statute.

C. In the event of the absence, resignation, death or inability to serve as the coordinator, the Village
President or any person designated by him, shall be and act as coordinator until a new appointment is
made as provided in this chapter.

Sec. 2-142. Functions

The Village ESDA shall perform such ESDA functions within the Village as shall be prescribed in and by
the state ESDA plan and program prepared by the Governor, and such orders, rules and regulations as may be
promulgated by the Governor, and in addition, shall perform such duties outside the corporate limits as may be
required pursuant to any mutual aid agreement with any other political subdivision, municipality, or quasi -
municipality entered into as provided in "The State ESDA Act of 1975."

Sec. 2-143. Service as Mobile Support Team

A. All or any members of the Village ESDA organization may be designated as members of a mobile
support team created by the director of the state ESDA as provided by law.

B. The leader of such mobile support team shall be designated by the coordinator of the Village ESDA
organization.

C. Any member of a mobile support team who is a Village employee or officer while serving on call to
duty by the Governor, or the State Director, shall receive the compensation and have the powers,
duties, rights, and immunities incident to such employment o r office. Any such member who is not a
paid officer or employee of the Village, while so serving, shall receive from the state reasonable
compensation as provided by law.

Sec. 2-144. Agreements with Other Political Subdivisions

The coordinator of ESDA may negotiate mutual agreements with other cities or political subdivisions of
the state, but no such agreement shall be effective until it has been approved by the Village President and by
the state director of ESDA.

Sec. 2-145. Emergency Action

If the Governor proclaims that a disaster emergency exists in the event of actual enemy attack upon the
United States or the occurrence within the state of Illinois of a major disaster resulting from enemy sabotage or
other hostile action, or from manmade or natural disaster, it shall be the duty of the Village ESDA to cooperate
fully with the state ESDA and with the Governor in the exercise of emergency powers as provided by law.

Sec. 2-146. Compensation

Members of the ESDA who are paid employees or officers of the Village, if called for training by the State
Director of ESDA, shall receive for the time spent in such training the same rate of pay as is attached to the
position held. Members who are not such Village employees or officers shall receive for such training time
such compensation as may be established by the Village President.

Sec. 2-147. Reimbursement by State

The State Treasurer may receive and allocate to the appropriate fund any reimbursement by the state to the
Village for expenses incident to training members of the ESDA as prescribed by the State Director of ESDA,
compensation for services and expenses of members of a mobile support team while serving outside the
Village in response to a call by the governor or state director of ESDA, as provided by law, and any other
reimbursement made by the state incident to ESDA activities as provided by law.

Sec. 2-148. Purchases and Expenditures

A. The Village President may, on recommendation of the Village coordinator of ESDA, authorize any
purchase of contracts necessary to place the Village in a position to combat effectively any disaster
resulting from the explosion of any nuclear or other bomb or missile, and to protect the public health
and safety, protect property, and provide emergency assistance to victims in the case of such disaster,
or from manmade or natural disaster.

B. In the event of enemy caused or other disaster, the Village coordinator of ESDA is authorized, on
behalf of the Village, to procure such services, supplies, equipment or material as may be necessary
for such purposes, in view of the emergency, without regard to the statutory procedures or formalities
normally prescribed by law pertaining to Village contracts or obligations, as authorized by "The State
ESDA Act of 1975"; provided, that if the Village President meets at such time, he shall act subject to
the directions and restrictions imposed by that body.

Sec. 2-149. Oath

Every person appointed to serve in any capacity in the Village ESDA organization shall, before entering
upon his duties, subscribe to the following oath, which shall be filed with the coordinator:

"I, , do solemnly swear (or affirm) that I will support and defend and bear true
faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois, and the
territory, institutions, and facilities thereof, both public and private, against all enemies, foreign and domestic;
that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not
advocate, nor am I nor have I been a member of any political party or organization that advocates the
overthrow of the government of the United States or of this State by force of violence; and that during such
times as I am affiliated with the Village of Durand ESDA organization, I will not advocate nor become a
member of any political party or organization that advocates the overthrow of the government of the United
States or of this State by force or violence."

Sec. 2-150. Office

The Village President is authorized to designate space in the Village building, or elsewhere, as may be
provided for by the Village President for the Village ESDA as its office.

Sec. 2-151. Appropriation; Levy of Taxes

The Village President may make an appropriation for ESDA purposes in the manner provided by law, and
may levy, in addition, for ESDA purposes only, a tax not to exceed five (5) cents per one hundred (100) dollars
of the assessed value of all taxable property in addition to all other taxes, as provided by "The State ESDA Act
of 1975"; however, that amount collectable under such levy shall in no event exceed twenty -five cents ($.25)
per capita.

Sec. 2-152. - 2-166. Reserved

Sec. 2-167. Created

There is hereby created the Board of Zoning Appeals which shall consist of seven (7) members, all of
whom shall reside within the Village of Durand, Illinois. The attendance of four (4) members shall be required
for a quorum and affirmative action shall take effect only on the concurrence of four (4) members. (Ord. No
1997-15; 11/97)

Sec. 2-168. Membership

The Village President, Village Engineer, and the Village Attorney shall be ex -officio members of the
Board.

A. Members of the Board shall be appointed by the Village President, subject to the approval of the
Village Board of Trustees, on the basis of their particular fitness for service and duty to the Board.

B. The Board shall elect its own chairmen for terms of one (1) year each. Members appointed to the
Board shall serve perpetually until their death, voluntary retirement or removal. The Village President
shall have the power to remove any member of the Zoning Board of Appeals for cause, but only after
a public hearing. (Ord. No. 1997-15; 11/97)

C. The Board shall exercise all of the powers and duties enumerated in Sec. 1500 of Article XV of the
Village of Durand Zoning Ordinance, and such other sections of Article XV thereof, except insofar as
any of such sections shall be inconsistent with this Amended Ordinance, in which case the provisions
of this Amended Ordinance shall take precedence.

D. The Board shall also exercise all of those powers and duties specifically enumerated in the Village of
Durand Subdivision Regulations, November 1977, Article V, except insofar as any of such sections of
said Article V may be inconsistent with the provisions of this Amended Ordinance, in which case the
provisions of this Amended Ordinance shall take precedence.

Sec. 2-169. Terms of Office

Members ex-officio of the Board of Zoning Appeals and Planning shall serve for the term of their
elective or appointive office.

Sec. 2-170. Votes

Each member of the Zoning Board of Appeals shall be entitled to one (1) vote. (Ord. No. 1997-15; 11/97)

Sec. 2-171. Compensation

All members of the planning commission shall serve with such compensation as may be fixed from time to
time by the Board of trustees.

Sec. 2-172. Meetings

The planning commission shall meet at such times as it may b y resolution designate. It shall hold special
meetings on call by the chairman or any two (2) members thereof provided twenty -four (24) hours’ notice of
such special meeting is given to each member. Service of such notice may be waived by any member.

Sec. 2-173. Duties; Official Plan

A. The plan commission shall keep written records of its proceedings, which shall be open at all times for
public inspection.

B. The plan commission shall prepare and recommend to the Board of trustees a comprehensive plan of
public improvements, looking to the present and future development and growth of the Village. Such
plan, after its adoption by the Board of trustees shall be known as the official plan of Durand,and shall
not be altered or changed except upon recommendation of the plan commission.

C. The official plan shall include reasonable requirements with reference to streets, alley ways for public
service facilities, storm or floodwater runoff channels and basins, parks, playgrounds, school grounds
and other public grounds within the corporate limits and in contiguous territory outside of and distant
not more than one and one -half (1 1/2) miles from such limits and not included in any incorporated
city or Village, such requirements to be effective whenever such lands shall be subdivided after the
adoption of such plan.

D. The plan commission shall prepare and recommend to the Board of trustees from time to time, such
changes or alterations in the official plan as may be deemed necessary or advisable by the plan
commission.

E. The plan commission shall prepare and recommend to the Board of trustees from time to time plans
for specific improvements in pursuance of the official plan.

F. The plan commission shall give aid to the officials of the Village charged with the direction of
projects for improvements embraced within the official plan to further the making of such
improvements and generally to promote the realization of the official plan.

G. The plan commission shall arrange and conduct any form of publicity relative to its activities for the
general purpose of public understanding.

H. The plan commission shall perform such other powers or duties as may be delegated to it by statute or
ordinance.

Sec. 2-174. Land Subdivision or Re-Subdivision

Following the adoption of the official plan by the Board of trustees, no plat or map of any subdivision or
re-subdivision presented for record affecting land within the corporate limits of the Village as now or hereafter
existing, or in contiguous territory outside of and distant not more than one and one -half (1 1/2) miles from
such limits and not included in any incorporated city or Village, shall be entitled to record or shall be valid
unless the subdivision thereon shall provide street, alleys, ways for public service facilities, storm or
floodwater runoff channels and basins and public ground in conformity with the requirements applicable
thereof of such official plan.

Sec. 2-175. Improvements

The Village Clerk shall furnish the plan commission for its consideration a copy of all ordinances, plans
and data relative thereto for public improvements of any nature. The plan commission may report in relation
thereto if it deems a report necessary or advisable for the consideration of the Board of trustees.

Sec. 2-176. Expenditures

The plan commission may, at the direction of the Board of trustees, employ necessary technical help and
incur necessary expenses for printing, stationery, etc., and any such wages, salary, fees and expenses, if
previously approved by the Board of trustees, shall be paid by the Village.

Sec. 2-177. Name Change

Any reference in any of the foregoing sections to "plan commission" shall be considered a reference to
"Board of Zoning Appeals and Planning."

Sec. 2-178 - 2-195. Reserved