Chapter 25 - Miscellaneous
Division 1 - General
SEC. 25.1-1 DATUM PLANE. That the elevations and permanent grades of streets, alleys, sidewalks and sewers, and all other elevations hereafter fixed for public works in said Town of Normal, shall be and are referred to a datum plane which is a level surface 75.16 feet below the top of a copper bolt in the top of a concrete post set flush with the ground in the southeast corner of Lot 10, Block 39, First Addition to Normal. The said datum plant is fixed at elevation 709.22 feet above sea level, and may be re-established from any permanent bench mark of the United States Geological Survey, at any time that said reference point hereabove established is lost.
SEC. 25.1-2 CORPORATE SEAL. That the corporate seal of the said Town of Normal shall be circular in form and be so constructed as to read "Corporate Town of Normal, Illinois."
The said seal shall be and remain in the custody of the Town Clerk and his successors in office, to be used by him in all cases provided for by code of said Town or the laws of the State of Illinois, and in all such cases where, by the laws and customs of any state or nation, the use of the corporate seal of the Town becomes necessary.
SEC. 25.1-3 FISCAL YEAR. The fiscal year of the Town of Normal shall commence on the first day of April in each and every year.
SEC. 25.1-4 PAYMENT OF INTEREST AND FEES ON OUTSTANDING OBLIGATIONS AND FINES; REFUNDS.
- The Finance Director is hereby authorized to accept payment
to the Town of Normal of all money payable to the Town of Normal
in the form of cash, personal check, certified check, money
order, Finance Department approved credit card or debit card,
or electronic fund transfer.
The Finance Director may refuse any form of payment if the Finance Director has reason to believe that the payment will not be honored or that the funds of the Town of Normal may be placed in jeopardy by the acceptance of the payment.
- Interest Charges. Except as otherwise specifically
provided in the Municipal Code where money is due on a specific
date to the Town, for fees, licenses, or any other purpose,
and where that money is not paid on time, the said debt shall
accrue interest at the annual rate of 2% over prime as defined
below. (Added 3/2/81)(Amended 8/17/82)(Amended 8/15/83)
- Determination of Prime Rate. Prime rate shall be
as reported by the Wall Street Journal on the date the debt
is due or on the next day the Wall Street Journal is published
if the debt falls due on a day when the Wall Street Journal
is not published. (Added 8/17/81)
- Refunds. The Town Clerk or any other official or
employee of the Town of Normal, shall, prior to making any refund
due any person under any license, permit, or for any other cause,
determine whether such person owes the Town of Normal any money,
and if it is determined that the person owes the Town of Normal
any money for any reason, the Town Clerk or any other official
or employee of the Town shall withhold payment of any refund
until all monies owed the Town have been paid in full. (Added
5/2/82)
- Non-Sufficient Funds Checks. The Town Treasurer may
assess and collect a $20.00 penalty or fee for the collection
of checks not honored by the institution upon which they are
written. (Amended 2/16/04 by Ord. No. 4929)
- Costs for Collection Agencies. The Town Treasurer
may assess an additional $5.00 per penalty or fee whenever a
fine, fee or debt owed to the Town remains unpaid after an initial
attempt to collect by the Town Treasurer, and the debt owed
to the Town is referred to a collection agency for collection.
- Late Fees. In all matters concerning fines, fees,
or monies due to the Town, when the Town of Normal brings legal
action for the enforcement of ordinances or collection of revenue,
and for which a settlement is reached between the Town and the
offending party, the office of Corporation Counsel may assess
a fee of twenty-five dollars ($25.00) if settlement is reached
prior to initial court appearance and fifty dollars ($50.00)
if settlement is obtained after a court appearance. This fee
shall be in addition to any settlement reached with the party
and in addition to any other fees, costs, or penalties provided
by this ordinance or State law.
(Entire SEC. 25.1-4 Amended 6/3/96 by Ord. No. 4388)(SEC. 25.1-4 Amended 5/4/98 by Ord. No. 4511)(SEC. 25.1-4 Amended 12/4/00 by Ord. No. 4692)
- Medical Expenses of Arrestees. In order to implement
“an act relating to the responsibility for certain incurred
expenses relating to arrestees, “Public Act 83-370, approved
September 14, 1983, as heretofore or hereafter amended, the
Town of Normal will accept financial liability for necessary
medical expenses incurred by arrestees of the Normal Police
Department. This financial responsibility shall take the form
of a direct payment from the Town of Normal to the provider
of medical services to such arrestee. Before liability will
be assumed, the following conditions must be met:
- The recipient of necessary medical services must have
been arrested by and be in the actual physical custody of
the Normal Police Department.
- The recipient of necessary medical services must have
been in need of immediate medical care.
- The recipient of necessary medical services does not
qualify for free medical services pursuant to the federal
Hill-Burton Act or any other similar federal legislation.
- The provider of the necessary medical services must
be unable to collect directly from the recipient, his insurance
company, or any other public agency. For purposes of this
Section, a provider of necessary medical services shall
be deemed unable to collect directly from the recipient
when applying its usual procedures, it has been unable to
collect for services rendered and the next step in its collection
procedure is to refer the account to an attorney or collection
agency.
- The recipient of necessary medical services must have
been arrested by and be in the actual physical custody of
the Normal Police Department.
- Subrogation. Upon making payment as provided for
herein, the Town of Normal shall succeed to the rights of the
provider of medical services to the arrestee and shall be empowered
to bring any appropriate action at law or in equity to recover
payment for the amounts expended on behalf of the arrestee.
- Intent. It is the purpose of this Section to outline
and define the obligations of the Town of Normal, under Public
Act 83-370. It is not the intention of the Board of Trustees
for the Town of Normal to assume any liability hereby greater
than that which is imposed under Public Act 83-370.
(Added 1/3/84)
SEC. 25.1-6 DISPOSITION OF PROPERTY.
- Trade-in of Personal Property. Any item of personal
property owned by the Town may be traded in as part of the purchase
price of other property purchased by the Town through competitive
bids; provided, however, the Notice to Bidders shall specify
the items of personal property to be so traded. The award of
a contract to the successful bidder shall be sufficient authorization
to trade in personal property specified in the Notice to Bidders.
- Other Disposal Procedures.
- In an item of personal property has a fair cash market
value of more than 25% of its original purchase price, it
shall not be junked or donated and shall not be sold except
by competitive bid or at Public Auction after the advertisement
of a Notice of Sale published at least one time in a newspaper
of general circulation within the Town of Normal; provided,
however, the Corporate Authority may, by a majority vote,
waive the advertising requirement and by a two-thirds vote
authorize the sale of such property to a specified buyer
at a specified price without competitive bidding.
- If an item of personal property has a fair cash market
value of 25% or less of its original purchase price or if
its fair cash market value is less than $1,000.00, the City
Manager may authorize the use or disposal of such personal
property without formal action of the Corporate Authority.
In using or disposing of such property, the Manager shall
be guided exclusively and endeavor to serve the best interests
of the Town of Normal, Illinois.
- In all other cases, personal property owned by the Town
of Normal, Illinois, shall be sold, traded, donated, scrapped,
junked, or otherwise disposed of only after prior approval
by Motion or other official sanction of the President and
Board of Trustees. (Added 7/21/75)
- In an item of personal property has a fair cash market
value of more than 25% of its original purchase price, it
shall not be junked or donated and shall not be sold except
by competitive bid or at Public Auction after the advertisement
of a Notice of Sale published at least one time in a newspaper
of general circulation within the Town of Normal; provided,
however, the Corporate Authority may, by a majority vote,
waive the advertising requirement and by a two-thirds vote
authorize the sale of such property to a specified buyer
at a specified price without competitive bidding.
- Disposal of Interest in Real Property
- When, in the opinion of the corporate authorities, real
estate or any interest therein is no longer necessary, appropriate,
required for the use of, profitable to, or for the best
interest of the Town of Normal, then the corporate authorities
may, by an ordinance passed by a two-thirds vote of the
corporate authorities of the Town then holding office at
any regular meeting or at any special meeting, authorize
the disposition of such real estate or interest therein
upon such terms and conditions as may be in the best interests
of the Town provided, however, notice of intent to so dispose
of such real estate or interest has been published in a
newspaper of general circulation within the Town of Normal
at least one (1) time prior to such sale or conveyance.
The notice shall contain pertinent information concerning
the size, use, and zoning of the real estate and the terms
of sale. (Section C added by Ord. No. 4079, 9/8/92)
- The foregoing paragraph (SEC. 25.1-6(C)(1)) shall
not apply to any property located in a Redevelopment Project
Area established pursuant to the Tax Increment Allocation
Redevelopment Act (65 ILCS 5/11-74.4-1 et seq). In such
designated Redevelopment Project Area real property and
interests in real property shall be transferred and disposed
pursuant to authority and procedures provided in the Tax
Increment Allocation Redevelopment Act. (Amended 3/17/03
by Ord. No. 4863)
- When, in the opinion of the corporate authorities, real
estate or any interest therein is no longer necessary, appropriate,
required for the use of, profitable to, or for the best
interest of the Town of Normal, then the corporate authorities
may, by an ordinance passed by a two-thirds vote of the
corporate authorities of the Town then holding office at
any regular meeting or at any special meeting, authorize
the disposition of such real estate or interest therein
upon such terms and conditions as may be in the best interests
of the Town provided, however, notice of intent to so dispose
of such real estate or interest has been published in a
newspaper of general circulation within the Town of Normal
at least one (1) time prior to such sale or conveyance.
The notice shall contain pertinent information concerning
the size, use, and zoning of the real estate and the terms
of sale. (Section C added by Ord. No. 4079, 9/8/92)
- Lost, Abandoned, Stolen or Illegally Possessed Property.
This section applies to all personal property of which possession
is transferred to the Town of Normal, or possession is in the
Town of Normal, under circumstances supporting a reasonable
belief that such property is lost, abandoned, stolen or otherwise
illegally possessed, except property seized during a search
by authorized law enforcement officials, and except lost, abandoned,
stolen or unclaimed motor vehicles.
- The Town shall make reasonable inquiry and efforts to
identify and notify the owner or other persons entitled
to possession of such personal property and shall return
the property to the person lawfully entitled to possess
said property, after such person provides reasonable and
satisfactory proof of his ownership, or right to possession
and reimburses the Town for all reasonable expenses of such
custody.
- If the identity or location of the owner or other person
entitled to possession of the property is not ascertained
in sixty (60) days, from the date the Town obtains possession
of such property, the City Manager may dispose of the property
as follows:
- Transfer custody to a municipal department of the
Town of Normal for use by the department.
- Effectuate the sale of the property for cash to
the highest bidder at public auction, notice of which
shall be published at least once in a newspaper of general
circulation in the Town of Normal, at least ten (10)
days prior to such auction.
- Return the property to the finder, subject to the
claims of the rightful owner.
- Transfer custody to a municipal department of the
Town of Normal for use by the department.
- Proceeds from the sale of the property at public auction
shall be deposited in the treasury of the Town of Normal
and may be used for any public purpose.
- The owner or other person entitled to possession of such property may claim and recover possession of the property at any time before its sale at public auction, upon providing reasonable and satisfactory proof of ownership, or right to possession and reimbursing the Town for all reasonable expenses of custody thereof.
- The Town shall make reasonable inquiry and efforts to
identify and notify the owner or other persons entitled
to possession of such personal property and shall return
the property to the person lawfully entitled to possess
said property, after such person provides reasonable and
satisfactory proof of his ownership, or right to possession
and reimburses the Town for all reasonable expenses of such
custody.
(Entire Subsection D Added 10/20/97 by Ord. No. 4477)
SEC. 25.1-7 DEFINITIONS AND INTERPRETATION.
- City or Village. Any reference made to "city" or
"village" shall mean the Town of Normal, McLean County, Illinois,
unless the context clearly requires otherwise. Any reference
to "city" officer or employee, "Village" officer or employee
or town officer or employee shall mean one and the same and
shall be deemed to be the officer or employee of the Town of
Normal.
- Mayor shall mean the President of the Board of Trustees
of the Town of Normal.
- Council shall mean the Trustees elected to the Board
of Trustees for the Town of Normal.
- Ordinance. Any reference to the word "ordinance"
shall be read to mean Division, Chapter or Code, as the context
may require, unless specifically meant to refer to a legislative
act of the Town not embodied in the Code.
- Official and Employee. Anything contained in this Code notwithstanding, any person receiving compensation from the Town of Normal for services rendered, except those persons designated in the Town Charter to be elected by the electors of the Town of Normal, are hereby deemed to be employees for and during the period of time said services are rendered for compensation, despite the fact that said persons might be performing services classified under or designated as duties of any certain officer or official as set forth in this Code.
(ENTIRE DIVISION 1 OF CHAPTER 25 RE-CODIFIED BY ORDINANCE NO. 3326, 7/16/84)