HomeMy WebLinkAboutreferendum question; initiation • JMS:wp(1/lSr/81 Legal f 3 ) Referendum Question
A RESOLUTION PROVIDING FOR THE SUBMISSION
OF A PUBLIC QUESTION TO THE
ELECTORS OF THE VILLAGE OF ARLINGTON HEIGHTS
WHEREAS, the Village of Arlington Heights is a home rule municipality
under the provisions of Article VII of the Constitution of the State of Illinois; and
WHEREAS, under Article VII of the Constitution of the State of Illinois_
a home rule unit shall have the power, subject to approval by referendum, to adopt,
alter, or repeal a form of government and shall have the power to provide for its
officers the manner of their selection, and terms of office only as established by ref-
erendum or otherwise authorized by law; and
WHEREAS, it is the desire of the President and Board of Trustees of the
Village of Arlington Heights to submit to the electors of said Village a proposal to
provide for the initiation of ordinances by registered voters of said Village; and
WHEREAS, the President and Board of Trustees have heretofore approved
for submission to the electors a certain proposed ordinance which would amend the
Arlington Heights Village Code to provide for the initiation of ordinances by registered
voters; and
WHEREAS, the President and Board of Trustees have determined that it is
necessary to submit a proposal to provide for the initiation of ordinances to a
referendum of the electors in accordance with the provisions of the Constitution of the
State of Illinois as aforesaid; and
WHEREAS, Section 28-4 of Chapter 46 of the Illinois Revised Statutes
provides a method for conducting referenda required by the Constitution in respect to a
unit of local government, which section provides that the governing body of the unit
of local government may by resolution provide for the submission of a proposal for such
actions to the voters of the governmental unit at a general , regular or special election
but in no event sooner than a general or regular election occurring at least 78 days
after the adoption of such resolution; and
WHEREAS, the first regular election held at least 78 days after the
adoption of this resolution is the consolidated election to be held on April 7, 1981 .
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF ARLINGTON HEIGHTS:
SECTION ONE: That there shall be submitted to the voters of the Village
of Arlington Heights at the regular consolidated election held on April 7, 1981 , which
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election shall occur at least 78 days after the adoption of this resolution, the follow-
ing proposal, to wit:
"Shall the President and Board of Trustees of the Village
of Arlington Heights adopt an ordinance amending
Section 2-204 of the Municipal Code of Arlington Heights
to provide for the initiation of ordinances by registered
voters in the form approved January 5, 1981?"
Notice of said referendum shall be given in the manner provided by law.
SECTION TWO: The Village Clerk is hereby directed to use her best efforts
to make available to all electors of the Village a copy of the proposed ordinance for the
initiation of ordinances by registered voters which is the subject matter of the referen-
dum.
SECTION THREE: This resolution shall be in full force and effect from and
after its passage and approval in the manner provided by law.
AYES: 7
NAYS: 1 '
PASSED AND APPROVED this 19th day of January, 1981.
Village President
ATTEST;
Village Clerk
JMS:wp Proposed Ordinance
Revised 12/29/80; 1/5/81 , 1/19/81 -
AN ORDINANCE AMENDING SECTION 2-204
OF THE MUNICIPAL CODE OF ARLINGTON HEIGHTS , 1965
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
ARLINGTON HEIGHTS:
SECTION ONE: That Section 2-204 of the Arlington Heights Village Code
relating to order of business, be and it is hereby amended by adding thereto the follow-
ing paragraph, to-wit:
"Initiation of Ordinances. The Village Board shall upon petition
by at least one (1) percent of the registered voters of the
Village as computed at the last general election at which Repre-
sentatives to the United States Congress were elected, consider
any proposal contained in said petition .to amend, add to, or
delete from the general ordinances contained in the Village Code
of 1965, as amended. Said petition shall be filed with the
Village Clerk at least ten (10) days prior to a regularly scheduled
Village Board meeting at which consideration of said matters is
sought. The filing of said petition shall require placing of such
matter upon the agenda for consideration by the President and Board
of Trustees.
"Any petitioner dissatisfied with the outcome of the one (1)
percent petition proedure of the preceding paragraph may invoke the
twelve (12) percent petition procedure of this paragraph. The
Village Board shall upon petition of at least twelve (12) percent of
the registered voters of the Village as computed at the last general
election at which Representatives to the United States Congress were
elected, consider any proposal contained in said petition to amend,
add to or delete from the general ordinances contained in the
Village Code of 1965, as amended. Said petition shall be filed
with the Village Clerk at least ten (10) days prior to a regularly
scheduled Village Board meeting at which consideration of said
matter is sought. The Village Board shall either pass the proposed
ordinance in substance within ninety (90) days after the proposal
appears on the Board agenda, or the proposal shall be submitted to
a vote of the electors at the next regularly scheduled election,
unless it is rejected by the Village Board of Trustees upon advice
of attorney stating that the proposed ordinance is in conflict with
any Constitutional provision, existina statutes or ordinances of
other pre-emptinq jurisdictions,Any such petition shall appoint
three managers who shall serve as spokespersons and shall have
the power to withdraw the petition after Village Board action
on such petition, if a majority of such managers are satisfied
with such action.
"Any ordinance adopted by initiative may be repealed by the
Village Board or by initiative as provided herein."
SECTION TWO: This ordinance shall be in full force and effect from and
after its passage, approval and publication in pamphlet form in the manner provided by
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law, following the approval of said ordinance by the electors of the Village in the
manner provided by law.
AYES:.
NAYS:
PASSED AND APPROVED this th day of , 1981 .
Village President
ATTEST:
Village Clerk