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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 , Y � � � , 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 Y 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