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HomeMy WebLinkAboutOrd 2011 07/18/1967 ORDINANCE NO. 2011 AN ORDINANCE Al'1PLIFYING THE PO\IJ'EPB AND DtJrIES OF THE VIU.Jl.CE WillAGER illID ESTABLISHING VARIOUS DEPAR'I'I''E'JTS WHEREAS, on April 18, 1967 the electorate of the Village of ~I!ount Prospect adopted the managerial fonn of municipal government; and vJHEFEAS, pursuant to Chapter 24, Section 5-3-10 of the Illinois Revised Statutes, a general ordinance is to be adopted by the President and Board of Trustees elaboratir~ the powers and duties of the Village fl\anag;er and establishing the various departments of the municipal govern- ment; and \>;'HEREAS, the President and Board of Trustees have detennined that the follmv-ing Ordinance is in the best interests of the residents of the Village of ~'lount Prospect; NOW, THEREFORE, BE IT ORDAn-lED BY THE PRESIDENT AND BOARD OF TRUSTEES OF TEE VIILAGE OF f,10UNT PROSPECT, COOK COUNTY, IILINOIS: SECTION ONE: That Article I of Chapter 4 of the Nunicipal Code of the Village of f'bunt Prospect of 1957, as amended, is hereby further arnemed in its entirety so that said Article I of Chapter 4 shall hereafter be and read as follows: ARTICLE I. Village r''la.riager. Section 4 .101. Office. The position of Village f!'fU'lager as defined by the Illinois Revised Statutes is hereby established. Section 4.102. Appointment and Removal of Village f'Janager. The Village llJanager shall be appointed by the President and Board of Trustees for an indefinite tenn. He shall be appointed without regard to his political beliefs, and need not be a resident of the Village \'Then appointed, but during his tenure of office, he shall reside within the Village. He shall be chosen on the basis of his executive and administrative qualifications with special reference to his actual experience in or his knowledge of accepted practice in respect to the duties of his office hereinafter set forth. Neither the Village President, Village Clerk, nor any Village Trustee shall receive such appointment during the term for \lhich he will have been elected or within one YfJBr after the expiration of his term. The Village f1anager may be removed by the President and Board of Trustees by a majority vote of the entire Board at any tLile. Arry vacancy in the office of the Village r-1anager shall be filled "'lithin ninety days after the effective date of such vacancy. In the case of the absence or disability of the r.'!anager, the Village Board may designate a qualified ad.rrlinistrative official of the municipality to perform the duties of the Fanager during such absence or disability. Section 4 .103 . Pmrers and Dut ies of the Village flfanager. The Village ~.anager shall be the a.dministrati ve head of the Village government and he shall be responsible for the efficient adminis- tration of all departments. The pmv-ers and duties of the rtJaIlager shall be: (A) To enforce the la\\1S and ordinances within the municipC1~ity; - 1 - (B) To appoint and remove department heads. To appoint and remove all directors of departments, and all other appointed officials and employees except when the appointment power is vested in the elected officials of the Village under the Statutes of the State of Illinois or under local Ordinances. No appointment shall be made upon any basis other than that of merit and fitness. (C) To exercise control of all departments and divisions thereof that may be created by the Board of Trustees. (D) Attend all meetings of the Village Board unless excused therefrom by the Board. The ~'Janager shall have the privilege of taking a part in the discussion of all matters corning before the Board but shall have no vote therein. He shall be entitled to notice of all meetings, regular and special. of the Board. (E) To reco~nd to the Board of Trustees for adoption of such measures as he may deem necessary or expedient. (F) To have all the powers and exercise all the duties granted to the Village Cle~k and Comptroller with respect to the preparation of a report of estimated funds necessary to defray the expenses of the VillagE: for the fiscal year for the consideration of the Board of Trustees prior to the preparation of the annual appropriation ordinance. a (G) To prepare and sub:ni t to the Board of Trustees /monthly report; of activities of all departments under his jurisdiction. (II) Purchase of all materials, supplies and equipnent for which funds are provided in the budget, but he may not purchase any items which exceE.:d any \vorking budget until the Village Board has increased the appropriation; provided that for purchases of rnore than $500.00 he shall be required to receive sealed bids am shall present such bids to the Village BOCl.rd for approval or rejection. The Manager shall advise the Village Board as to whether or not any contract offered is desirable, or "\'lhich of several contracts offered is most desirable for. the Village. In case of accidents or other circumstances creating an emergency, the Village f~anager Inay award contract, acquire services, and make purchases for the purposes of repairing damages caused by the said accident or meeting said public emergency; but he shall file promptly within 14 days with the Village Board a certificate showing such anergency and th~ necessity of such action, together with an itemized account of 2.ll expenditures. (I) To perfonn such other duties as may be prescribed by Article 5 of Chapter 24 of thE. Illinois Revised Statutes or may be required of him by Ordinance or Resolution of the Board of Trustees. Section 4.104. Bonds and Compensation. The Village Hanager shall ~lrnish a pUblic employee's fidelity and performance surety bond as provided by stfltute, but not less than the amount of $100,000.00, to be approved by the Village Board, said bond to be conditioned on the faithful perforrrance of his duties. The premium of the; bond shall be paid by the Village. The Village fJ'anager shall receive such canpcnsation as the Village Board shall fix from time to time by Ordinance or Resolution. Section 4.105. Saving Clause. If any section, subSection, or sentence, clause or phrase of this Article is for any reason held invalid, such decision or decisions shall not affect the validity of the remaining portions of this Article. All Ordinances of the Village prescribing the duties of heads of departments shall remain in full force and effect except insofar as they conflict with the provisions of this Article in which case the proviSions of this Article s!~ll govern. - 2 - SECTION TVIO: T'nat Article II of Chapter 4 of the JI'Iunicipal Code of the Vj,llage of Efount Prospect of 1957, as amended, is hereby further amended in its entirety so that said Article II of Chapter 4 shall here- after be and read as follows: ARrICLE II. Department of Law. Section 4.201. Creation of Department - Appointment. There is hereby established a Department of Law which shall be under the jurisdiction and control of the Village I!'anager. The head of said Department shall be the Village .Attorney, appointed by the Village JI'6nager for an indefinite period of time. Said Department shall embrace such attorneys, clerks, and any other employees as the Village Board may provide by annual appropriation ordinance. Section 4.202. Special Counsel. The Village f''Ianager vTith the consent of the President and Board of Trustees may from time to time retain special counsel to represent or advise the Village on legal matters if no Village Attorney has been appointed; or to assist the Village Attorney in those instances deemed necessary. Section 4.203. Suits and Actions. The Attorney shall prosecute or defend any and 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 beha.lf of the Village or in the capacity of such person or an officer of the Village. With regard. to matters in litigation, the Village Attorney shall have the right of direct canmunication to the Village Board. He shall also perform such other duties as may be required of him from time to time by the Village JI'lanager. Section 4.204. Judgments. It shall be the duty of the Attorney to ::..'ee to the full enforcement of all judgJnents or decrees entered in favor of the Village, and of all similar interlocutory orders. Section 4.205. Advice. The 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 through and with the approval of the Village ~~anager, except as provided for in Section 4.203. Upon request by the President and Board of Trustees of the Village N:l.l1ager, he shall reduce any such opinion to writing. Section 4.206. Creation of Office of Village Prosecutor - Appointment. There is hereby created the office of Village Prosecutor which is part of the Department of Law under the control of the Village Attorney. The Village Prosecutor shall be appointed by the Village rlJanager and may be the same appointed officer occupying the position of Village Attorney. Section 4. 2CJf . Duties of Village Prosecutor. To prepare all charges and complaints against, and shall appear in the appropriate court in the prosecution of, every person charged with a violation of a Village Ordinance, or any regulations adopted under authority of the Village, or with the commission of a misdemeanor as declared by the corporate authorities, or by virtue of its authority. He shall advise and assist all Village officers or employees, having first obtained consent fran the Village M3.nager, on questions of law, in filing complaints, making arrests, and preparir.g for the prosecl:":;ion of ordinance violations. He shall also perform such other duties as may be required of him from time to time by the Village IV'anager. SECTION THREE: That Article III and .Article VII of Chapter 4 of the Municipal Code of the Village of f'10unt Prospect of 1957, as amended, is hereby further amended by adding thereto an entirely new Article III of Chapter 4, said Article to be and read as follows: - 3 - ARTICLE III. Department of Building and Zoning. Section It. 301. Creation of Department - Appointment. There is hereby established a Department of Building and Zoning which shall be under the jurisdiction and control of the Village rv'J8I1ager. The head of said Department shall be the Director of Building and Zoning appointed by the Village Manager for an indefinite period of time. Said Department shall embrace such inspectors, clerks, and any other employees as the Village Board may provide by annual appropriation ordinance. Section It. 302. Duties. It shall be the duty of the Director of Building and Zoning to see to the enforcement of all ordinances and provisions relating to building, plumbing, or zoning; and to inspect all buildings or structures being erected or altered, as frequently as may be necessary to insure compliance with the applicable Village Ordinances. He shall perform such other duties as may be required of him fran time to time by the Village Manager. Section 4.303. Powers. The Director of Building and Zoning shall have the power to order all work stopped on construction, alterations, or repair of buildings in the corporate limits of the Village of Mount Prospect when such work is being done in violation of any provisions of any Ordinance relating thereto, or in violation of the Zoning Ordinance of the Village of r10unt Prospect. (A) The Director of Building and Zoning has the stop order power as set forth in the Municipal Code of the Village of Mount Prospect. (B) The Director of Building and Zoning shall have the power to make or cause to be made an entry into any building or premises where the work of altering, repairing, or construction of any building or structure is going on, for the purpose of making inspections at any reasonable hour. (C) The Director of Building and Zoning shall have all the necessary pwwers as set forth in the pertinent sections of the ~Unicipal Code of the Village of Mount Prospect relating to building and zoning so as to enforce the Ordinances of the Village of rrlOunt Prospect. Section 4.304. There is hereby created the office of Chief Electrical Inspector who shall be the head of the Electrical Department and ex-officio Chairman of the Electrical Commission. Said Electrical Inspector shall be appointed by the President with the advice and consent of the Board of Trustees, and may be the same appointed officer occupying the position of Director of Building and Zoning. Section 4.305. Duties. The duties of the Chief Electrical Inspector shall be the enforcement of the Ordinances of the Village of Mount Prospect relating to electricity; shall supervise, inspect and approve all electric wires and apparatus. Should any such electric wires or apparatus be found unsafe to life or property, he shall notify the person, firm or corporation owning, using, installing or operating them to place the same in safe condition within a reasonable time not to exceed five (5) days thereafter. It shall be the duty of such person, firm, canpany or corporation to put such equipment in safe condition. SECI'ION FOUR: That Article IV and Article V of Chapter it of the Municipal Code of the Village of Mount Prospect of 1957, as amended, is hereby further amemed so that said Article IV of Chapter 4 shall hereafter be and read as follows: - 4 - ARTICLE IV. Department of Public Works. Section 4.401 Creation of Department - Appointment. There is hereby established a Department of Public Works which shall be under the jurisdiction and control of the Village Manager. The head of said Department shall be the Director of Public Works, appointed by the Village ~l!anager for an indefinite period of time. Wi thin this Department there must be an indi vidUD.l certified as a Public v,Tater Supply Operator Class A, pursuant to the' Illinois Revised Statutes, Chapter 111-1/2, Section 501-524. Said Department shall also embrace such foremen, maintenance personnel, clerks, and any other employees as the Village Board may provide by annual appropriation ordinance. Section 4.402 Duties. The Director of Public Works shall be charged with the following duties: (A) He shall kf:::'ep the streets and alleys clear, free from obstructions, and in good repair. (B) He shall have the care and custody of the municipal ".rater supply system, and all equipment, pipes and machinery pertaining thereto. (C) He shall be responsible for the care of all such property, and for the effici8nt :na.nagement of the water supply system. (D) He shall perfonn all functions and duties which are imposed by any provision of this Code on the Director of Public ";'.,rks, the Superintendent of Str(oets, or the Superintendent of Water. (E) He shall be responsible for the care of all public p2I'k- ways, trees located on public property, public propE:rties, and municipal buildings. (F) He shall perform such other duties as may bE; required of him from time to time by the Village r1anager. SE.'ction 4.403 Construction. The Street Department and the "later Department are hereby combined into a single Department of Public Vlorks, 2nd all employees of the Village of !'fount Prospect who are, as of the date of this Ordinance, employees of the Water Department and the Street Department, shall be employees of the Department of Public Works. The Department of Public Works sh.1.11 be under the supervision and direction of the Director of Public '\IJorles. \iJhenever th.i ~ Code llilposes any function or duties upon the Superintc.nd,,:,nt of Streets or the Superintendent of vJater, such functions or duties ohall be performed by the Director of Public Works. Section 4.404 Ordinances. The Director of Public Works shall repo~t to the Village ~Bnager any ordinance violation with respE:ct to the use or care of the streets, alleys, or sidewalks of the Village of which he may become cognizant. The Director of Public Works, and all employees of the Department of Public Works, sh21l be cmrged with, and shall see to the enforcement of, 2illY ordinance provisions relating to the streets, alcys, sideHalks and water supply system VJhere no provision to the contrary is ma.de. SECTION FIVE: 'I'hat Articles VI, VIII, and IX of Chapter 4 of the ~lunicipal Code of the Village of r,~ount Prospect of 1957, as arnended~ are hereby further amended in their entirety so that the new Article V sh&ll hereafter be and read as follows: - 5 - ARrICLE V. Department of Financ8. Section 4.501 Creation of Department - Appointment. There is hf~'reby Eostablished the Department of Finance which shall be under thE jurisdiction and control of the Village Manager. The head of said Department shall be the Director of Finance, appointed by the Village fJInnager for an indefinite period of time. Said Department shall errbrace such accountants, clerks, ar~ any other L1nployees as the Village Board may provide by E>nnUc.'U appropriation ordinance. Section 4.502 Duties of Director. The Director of Fiocnce shall be-the - head of the Department of Firumce and shall be the ex-officio Villgge Comptroller. In 2.ddition to the duties required by State 1mV' 2nd in all cases where the duty is not expressly charged to any oth~r department or office, it shall be the duty of the Director of ~inance to act, promote; secure and preserve the financial and I=l'lJpc:rty interests of the Village. HI;; shE>.ll have the folloit,ring duties, fllnctions and responsibilities: (A) Supervision of the Villt'ge treasury. (B) f-'Jaintain all accounting records and reports as to Village finances in accordance ~dth State law 2~d generally accepted accour~ing principles. (C) Report at least monthly on financial matters to the Village r1anager. (D) Establish all procedures relating to the collection, encum- brance and disbursement of the Village's funds. (E) MEllie recorrmendations to the Village r.1anoger as to the financial condition of the Village nrd suggestions as to its improvement. (F) Approve all building permits before issuance so as to insure the applicant's financinl compliance with Village Ordinance. (G) Maintain an inventory of real and personal property owned or leased by the Village together with tax exemption records. (H) Supervise all other offices of the Village insofar as thE.Y relate to the collection or disbursement of Village funds. (I) Perform all duties and responsibilities charged to a ifj llgge Compt~ller, including the maintenance of special assessment accounts and gl::neral obligation and revenue bond aC8ounts. (J) He shall perform such other duties as may be required of him from time to time by the Village Manager. Jec i':ion 4.503 Treasurer. There is hereby created the position of ~TillDgc TrensUrer ~lho shall be appointed by the Village f1anager and 3113.11 serve u...l1der the Director of Finance. He may be the samE; 2ppoint2d officer occupying the position of Firk~ce Director. ::\~ction 4,504 Eond. He shall give a bond, before entering upon fE8"dutics of his office, in the sum required by the Board of ~~~stees: but such Qn~vnt shall not b~ less than that required by Statute. This bond shall be candi tioned upon the faithful performance cf his duties by the Treasurer, and shall be conditioned to indemnify tl1::: Village for any loss by reason of any neglect of duty or any act of the 1'reasur8r. The premium of the bond shall be paid by the Village. - 6 - Section 4.505. General Duties. The Treasurer shall perfonn such duties as may be prescribed for him by statute or Ordinance. In addition to other duties the 'lreasurer shall act as Village Collector arn perform all duties of such Collector as may be prescribed by Statute or Ordinance and shall preserve all warrants returned to him. He shall receive all money paid into the Village. and he shall payout money only on vouchers or orders properly signed by the President. Section 4.506. Deposit of Funds. He shall deposit the Village funds in such depositories as may be selected from time to time as provided by Statute or Ordinance; am he shall keep the deposit of the Village money separate and distinct from his ovm money, and shall not make private or pE.:rsonal use of any Village rroney. SE:ction 4.507. Hecords. He shall keep records showing all money received by him, showing the source f.r>an 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. Section 4.508. Accounting. The 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 law and good accounting principles and as directed by the Director of Finance.. Section 4.509. Special Assessment Funds. All moneys received on any special assessment shall be held by the Treasurer as a special fund to be applied only to the payment of the improvement, or bonds and vouchers issued therefor, together \'v'ith the interest thereon, for v'fhich the assessment was made, and said money shall be used for no other purpose, unless to reLrnburse the Village for money expended for such improvem2nt. Payments on bonds or vouchers shall be made in accordance with the Statutes and the law and the Treasurer shall keep his books and accounts in such a manner so that proper prorations in payments of principal and interest can be made and ascertained. Section 4.510. Harrcmts - Transfer of Funds. JUl warrants drawn on the Treasurer must be signed by the President, stating the particular fund or e.ppropriation to which the same is chargeable, and the person to whom payable, cmd no money shall be othert,l/ise paid except as may be provided by Statute. JV:oney shall not be transfeITed by the Treasurer fran one fund to another, after it has been received by him, nor appropriated to ar~ other purpose than that for which it has been collected or paid, except as may be ordered by the President cmd Board of Trustees in marmer and form prescribed by Statute. SECTION SIX: That Article X of Chapter 4 of the Municipal Code of the Village of Mount Prospect of 1957, as amended, is hereby further amended in its entirety so that the new Article VI shall hereafter be anj read as follows: ARTICLE VI. IJE;partment of Engineering. Section 4.601. Creation of Department. There is hereby established a Department of Engineering which shall be under the jurisdiction and control of the Village Manager. The head of said Department shall be the Director of Engineering, appointed by the Village Manager for an indefinite period of time. Seid Department shall embrace such engineers, inspectors, clerks, and any other employees as the Village Board. may provide by annual appropriation ordinance. Section 4.602. Appointment of Director of Engineering. The Director of Engineerif'~ shall be appointed by the Village Manager for an indefinite term of office. He shall be chosen on the basis of his professional and e.dministrati ve competencE::. He shall have a degree in civil engineering from an accredited college or university, - 7 - practical experienct: in municipal engineering, and should be licensed as a professional engineer, pursuant to the applicable laws of the Statu of Illinois. Section 4.603. Duties. The Director of Engineering shall be responsible for furnishing professional engineering service to the Village in connection with plannir,g 8:'''. executing public works and improvements. He will give technical advice to the Village President and Board of Trustees upon request fran Village ~~[:nager on matters concerning the development of the Village. His 1-..;ork shcll be performed undt:r the direction of the Village ~!anager. He shall also perfonn such other duties as rmy be required of him from time to time' by the VillagE: Manager. SECTION SEVEN: That Article XI and Article XII of Chapter 11 of thu r,1unicipal Code of the Village of jVTount Prospect of 1957, as amended, is hereby further amendt:d in its entirety so that the new Article VII shall be and hereafter read as follows: ARI'ICLE VII. Department of He2lth Services. Section 4.701. CrE:ation of Department. ThE:re is hereby established a Department of H0alth Services which shall be under the jurisdiction and control of the Village ~'bruger. The head of said Department shall be the Director of HC2lth Services [LppoiLtt:d by the Village r~anager for an indefinite period of timE::. Said Department shall embrace such inspectors and other employees as the Village I~d may provide by the ru1!lUc'll appropri8.tion ordil12.ncE. Section 4.702. AppointmE;nt of Health Inspector. The office of Health Inspector is hereby E::stablished. He shall be appointed by the Village r1fmlager for CU1 indefinite period of time, and rmy be the saroc appointed officer occupying the position of Director of Health Services. lIe shall be under thu jurisdiction of the Department of Health Servicus ClIld shall be chosen on the basis of his professional and administrativu competence. He shnll be n registered Sanitarian as prescribed in Chapter 111-1/2, Sections 551-572 of the Illinois Rl:vised St<:.tutes. Section 4.703. Duties. It shall bt: the duty of the Health Inspector to t:nforce all rules, regulations 2m orders of the Illinois ani Cook County DcpCll'tments of Public Ee21th and the ordin2nces of the Village in relation to matters pertaining to the preservation of public health within the Village 2nd he shlll: (A) Execute Gnd enforce oIl ordir.ances of the Village relating to pUblic heD.lth nnd sanitation. (B) Issue such orders as may be necessary to carry out tht.: rules proposed by the Boord of Health and approved by the President and Board of Trustees. (C) Execute and enf'orce all ordinances cf the Village relating to the ht:alth standards maintained in every place of business in the Village where services of n personal nature are furnished to the pUblic or where foods, food products, milk, rrilk products and beverages of every nature and description whatsoever are either handled, sold, given 2.1day, stored, manufactured or processed. (D) Investigate the existcmce of any contagicus disease \.v'ithin the Villagt: 8l1d report the same to the Village Board of HC2.1th and to the County Board of HE:alth, and act without delay 1n c2ITying out such measures for controlling the progr>ess of the same as the County P.oard of Health shall propose. - 8 - (E) Make all necessary sanitary and health investigations and inspections and cause all nuisances, whether public or private, affecting the health of persons in private employment and the public generally, to be abated with reasonable promptness. (F) Initiate plans for dealing with public health problems not already included in the public health program. (G) Perform such other duties relating to health and sanitation as the Village Manager shall direct. (H) Request the Police Department of the Village and such other State or mmicipal authorities for such assistance as he may dean necessary in the performance of the duties of his office and cause the arrest of offenders violating any of the Village ordinances relating to public or private nuisances, public health and sanitation. Section 4.704. Reports. The Health Inspector shall furnish the Board of Health and Village Manager a written report ten days after the expiration of each month in which shall be set forth his activities tiring the preceding month, the name and address of each location in which a health violation was discovered, the condition found, the correction required, and whether there has been compliance. Section 4.705. Penalty. Any person violating or refusing to obey an order of the Health Inspector, or concealing any notice posted by or under the authority of the Board of Health shall be fined no less than $10.00 or more than $500.00. Section 4.706. Office of Health Officer. There is hereby created the office of Health Officer. The Health Officer shall be a licensed physician and qualified to practice in the State of illinois, who is a resident of and who practices in the Village of Mount Prospect. He shall be appointed by the Village Manager with the approval and consent of the President and Board of Trustees for an indefinite period. The Health Officer shall serve as a technical advisor for the Board of Health of the Village of Mount Prospect and shall also serve as a member of the Board of Health. He shall supply such information to the best of his ability on medical matters for consideration by the Board of Health or the Health Inspector. The Health Officer shall receive such compensation as may be provided by the annual appropriation ordinance. SECTION EIGHr: That Sections 6.101, 6.102, 6.103 and 6.104 of Chapter 6 of the Municipal Code of the Village of Mount Prospect of 1957, as amended, are hereby deleted and new Sections 4.801, 4.802, 4.803, and 4.804 are hereby created; new Sections 4.801, 4.802, 4.803, and 4.804 shall be and read as follows: AR'I'ICLE VIII. Department of Police. Section 4.801. Creation of Department - Appointment. There is hereby established a Department of Police which shall be under the jurisdiction and control of the Village Manager. The head of said Department shall be the Chief of Police appointed by the Village Manager for an indefinite period of time. Said Department shall embrace such officers and members in number and rank as may be provided for from time to time by Resolution of the President and Board of Trustees. Said Department shall also embrace such clerks, radio men, and other employees as the Village Board may provide by annual appropriation ordinance. Section 4.802. Office of Chief of Police. Should the appointment to the position of the Chief of Police be given to a member of the Mount Prospect Police Department, said appointee shall not lose his then existing rank as established - 9 - by the Fire and Police Camnission of the Village of Mount Prospect during his tenure as Chief of Police. Section 4.803. Thlties of Chief of Police. The Chief of Police shall be the head of the Department of Police and shall have the following duties, functions, and responsibilities: (A) To see, to the enforcement of all ODdinances of the Village, of all Statutes effective in the Village, and to preserve order and prevent infractions of law and to arrest violators thereof. (B) He shall be the keeper of the Village j ail ani shall have custody of all prisoners incarcerated therein. (C) He shall keep such records and make such reports concerning the activities of his Department as may be required by Statute or Ordinance. (D) He shall be responsible for the performance of the Department of Police of all its functions. (E) He shall be the custodian of all lost, abarrloned, or stolen property in the Village of Mount Prospect. (F) He shall perform such other duties as may be reqqired of of ru.m from time to time by the Village Manager. Section 4.804. Saving Clause. That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed and further, that the remaining Sections of Chapter 6 of the Mmicipal Code of the Village of Mount Prospect of 1957, as amended, not in conflict herewith, shall remain in full force and effect. SECTION NINE: That Sections 7.101 and 7.102 (a) of Chapter 7 of the Mmicipal Code of the Village of Mount Prospect of 1957, as amended, are hereby deleted and new Sections 9.101, 9.102 and 9.103 are hereby created; new Sections 9.101, 9.102 and 9.103 shall be and read as follows: ARTICLE IX. Fire Department. Section 9.101. Creation of Department - Appointment. There is hereby created a Fire Department of the Village of Mount Prospect which shall be under the jurisdiction and control of the Village Manager. The head of said Department shall be the Fire Chief, appointed by the Village Manager for an indefinite period of time. Said Department shall embrace such officers and firemen as may be provided for from time to time by Resolution of the President and Board of Trustees. Said Department shall also embrace such other employees as the Village Board may provide by annual appropriation ordinance. Section 9.102. Office of Fire Chief. Should the appointment to the position of Fire Chief be given to a member of the Mount Prospect Fire Department, said appointee shall not lose his then existing rank as established by the Fire and Police Conrnission of the Village of Mount Prospect during his tenure as Fire Chief. Section 9.103. Saving Clause. That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed and further, that the remaining Sections of Chapter 7 of the lYIunicipal Code of the Village of Mount Prospect of 1957, as amended, not in conflict herewith, shall remain in full force and effect. SECTION 'TEN: That Section 8.102 of Chapter 8 of the JVlunicipal Code of the Village of Mount Prospect of 1957, as amended, is hereby further amended so that Section 8.102 shall be and read. as fol101:TS: Section 8.102. Appointments. All officers sho.ll be ctppointed or selected by the Village ~~anager as provided by Statute, Ordinance, or Resolution, except all elected officials and tho::t; appointments expressly provided for by Statute, Ordinance, or Resolution, to be made by the President and B021"d of Trustees. SECTION ElEVEN: That Article I of Chapter 8 of the jV1:unicipal Codt; of the Village of r'bunt Prospect of 1957, as amended, is hereby further amended by adding thereto ill1 entirely new Section 8.114, and said Section 8.114 smll be and read as follows: Section 8.114. Independent Audits. The President and Board of Trustees shall provide for an 3rll1ual independent audit of all accounts of the; Village of r10unt Prospect for the prior fiscal year, which Qudits shall be conducted indept:;ndently of the Village ~1anager by sernd person or firm s0lected by the President and Board of Trustees. Full reports of such auclits shall be filed in the pUblic records of the Village. The power with rE.spect to such audits by the PresiCient and Board of Trustees shall" not be construed in any manner to limit the responsibility of the Village t1anager for the proper expenditure of Village funds. SECTION TVJELVE: That all Ordinances or parts of Ordinances in conflict herevuth are hereby repealed. SECTION 'lmRTEEN: This Ordinance shall be in full force rnd effect from and after its passage 2nd approval in the manner prescribed by law. AYES: 6 NAYS: 0 PASSED this 18th day of July , 1967. APPROVED this 18th day of , 1967. '- A'ITEST: '" ~J~ ;117LM0IALL- Village Clerk - 11 -