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HomeMy WebLinkAboutOrdinances - MC-18-1162 - 02/05/2018 - MC AMEND CPT 2 SEC 2-93 DEPUTY CLERKORDINANCE NO. MC-18-1162 An Ordinance Amending Chapter 2, Administration, Section 2-93, Deputy Clerk, of the City of McHenry's Municipal Code WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Chapter 2, Administration, Section 2-93, Deputy Clerk, shall be amended in its entirety as follows: Sec. 2-93. Deputy Clerk City Council may appoint one (1) Deputy Clerk from among the existing City staff for such term as the City Council may, from time to time, determine, provided however, that no compensation shall be paid to the person filling the position of Deputy Clerk in excess of the compensation that is paid to such person for the staff position for which she or he was hired The Deputy Clerk shall: 1. Execute all documents required by law to be executed by the City Clerk and may affix the seal of the Clerk wherever required. In signing any document, the Deputy Clerk shall sign the name of the Clerk followed with the word `By " and the Deputy Clerks own name and the words "Deputy Clerk. " 2. The powers and duties of the Deputy Clerk shall be exercised only (a) in the absence of the Clerk from the place where the Clerks office is maintained, (b) when written direction has been given by the Clerk to the Deputy Clerk to exercise a power; (c) the corporate authorities have determined by resolution that the Clerk is temporarily or permanently incapacitated to perform that function, or (d) there exists a vacancy in the office of the City Clerk. 3. When a Deputy Clerk's signature is duly authorized as provided in this section and is axed by the Deputy in the manner prescribed in this section on any document (including but not limited to contracts, bonds, or other obligations of the City), the document shall have the same effect as if the document had been signed by the Clerk in person. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3 : All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and Adopted this 5 h day of February 2018. Voting Aye: Condon, Devine, Mihevc, Curry, Schaefer, Glab, Santi Voting Nay: None Absent: NBne Mayof W e Jett, Jr. ATTEST: JR&,u " kb Deputy City Cler arci eraghty Z:\M\McHenryCityof\Ordinances\DeputyClerk.doc