• A "Quick Study" on HOME RULE - basic facts
• D G Watch Letter to the Village Council
• Resolution 95-53 Amending Home Rule Powers
• Resolution 71-81 Limiting Home Rule Powers
• Reference to IL State Constitution Home Rule Provisions

1970

Home Rule comes to Downers Grove in 1970/71 by State Statute when population exceeded 25,000 residents.  No resident vote required.

1971

Downers Grove Council under Mayor Frank Houck adopted  Resolution 71-81  advocating citizen input by advisory or binding referendum with large budget items! 

1983

Resolution to Home Rule regarding referendum, etc.  Council under Mayor Betty Cheever. (Res. 81-1) 

1995

Resolution to Home Rule 95-53, addressing publication of proposed ordinances, announcement at two council meetings, intended use of the new tax, public hearing, and will entertain petitions relative to the proposed ordinance.  This updated Resolution 71-81 and 81-1 as of October 30, 1995.

2004

Proposal by Village Attorney giving revision of existing Resolution to limit Publicity of ordinances to public, to workshop items instead of publication and address further action if taxpayer petition received against council action!  (This proposal was tabled -- time indefinite)

Present

1991 Resolution 95-53 remains in effect in reference to Home Rule.

2005

DG Watch filed petition signed by 2300 Downers Grove registered voters.  Petition was challenged for not having 3300 signatures under State Statute as indicated on the petition.  Challenge was upheld and petition and referendum were denied for April 5, 2005 election.

2005

May 10th, DG Watch presented letter to DG Council, asking them to adopt a resolution/ordinance requiring council to seek taxpayer recommendation by referendum on fiscal matters of $1 million or more requiring Revenue Bonds or General Obligation Bond issued against taxes, prepared by Village Manager by June 22nd, 2005.

Newly elected commissioners received 15.3% of the votes Registered Voters who could have voted in the April 5, 2005 Election!

To be on the Ballot for Village Commissioner a Candidate needs 50 Registered Voter Signatures.

COUNCIL FACTS:

When asked in open meeting, Council or Village Staff could not offer a figure for Total Village Debt!

Council Member expressed that voter/taxpayer have elected them;  therefore, have confidence in their ability to make the right decisions for the residents of Downers Grove.

Future funding is expected for the Curtiss Block, new Village Hall, Fire and Police Facilities, Pension Funding issues, etc.  (ie. like the parking deck)  requiring only Council Vote!

GENERAL FACTS:

Prices and property values will continue to rise giving additional revenues with existing taxes and revenue streams!

Funding for Village Facilities and Services; Library, Police, Fire, will not be affected by Home Rule Changes.

Lisle, Lombard, Villa Park, Rockford and other Illinois communities have voted home rule out in favor of taxpayer referendum on large fiscal matters! These communities are all functioning well. Ask your friends who live there!!

Are you being heard in Downers Grove?  You Decide!

May 10, 2005

Dear Members of the Village Council:

In behalf of the more than 2,000 Downers Grove Residents, who signed a Petition requesting a Referendum be placed on the April 5th, 2005 General Election Ballot, we the undersigned Members of the Downers Grove Watch Association, request that this Council immediately institute a resolution or ordinance amending Home Rule in Downers Grove stating that for any financial obligations of $1 Million Dollars or more involving taxes Revenue Bond or General Obligation Bonds secured by taxpayer funded real estate taxes or otherwise, be submitted to the voters of Downers Grove by Referendum for approval.

Home Rule was introduced to Downers Grove by Illinois Statute when our population exceeded 20,000 residents.  Voter notice and approval was not secured at that time, therefore, it is very timely that voter approval be secured by Referendum at this time, because of excessive Village Fiscal obligations and projected forthcoming obligations in the near future.

Notice is hereby given, that a Petition asking the Voters of Downers Grove to approve or disapprove the Continuation of Home Rule as it is presently exercised will be initiated this Summer to be placed on the March 2006 Election Ballot!

This request is not without precedent since prior Council under Frank Houck, Mayor, have adopted a resolution similar to our request (see Resolution 71-81 of July 26, 1971 attached) self-regulating themselves, using the benefits of Home Rule while seeking the taxpayer approval for Fiscal responsibilities by Referendum!

We respectfully submit this request expecting that the Village Manager will draft and present for adoption a Resolution or Ordinance as an amendment to Downers Grove Home Rule before June 22, 2005.

Sincerely yours,

DOWNERS GROVE WATCH ASSOCIATION

WHEREAS, upon the effectiveness of the Constitution the Village of Downers Grove became, automatically and without further action of any kind, a home rule unit within the meaning of said Article; and

WHEREAS, the Council of the Village of Downers Grove believes that the Council should exercise the special home rule unit powers and functions under the Constitution with due care and caution, and with a view to the long-range effects that such exercise may have upon the Village and its residents, and for such reasons believes it necessary and desirable to adopt policy guidelines for the exercise of such special home rule unit powers; and,

WHEREAS, the Village Council has previously adopted Resolutions 71-81 and 81-1 setting forth a policy regarding the exercise of home rule powers (the "Home Rule Policy"); and,

WHEREAS, The Village Council has determined that this Home Rule Policy should be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Downers Grove, DuPage County, Illinois, as follows:

1. Prior to adoption of an ordinance that is not authorized under the provisions of the Illinois Municipal Code (Illinois Compiled Statutes, Chapter 65) for municipalities that are not home rule units, the Village Council will cause a summary of the proposed ordinance to be published in a newspaper having general circulation in the Village. Copies of the proposed ordinance shall be made available for public distribution at the Downers Grove Library and Village Hall. Finally, the pendency of such proposed ordinance will be announced in at least two meetings of the Village Council.

2. Prior to adoption of any ordinance imposing a tax on any person or property in the Village that is not authorized under the provisions of the Illinois Municipal Code for municipalities that are not home rule units, the Village Council will follow the following procedures:

   1. A statement setting forth the intended use of the additional revenue to be derived from such tax will be prepared and published along with the publication of the summary of the proposed ordinance, referred to in paragraph 1 above.

   2. A public hearing will be held with respect to the proposed ordinance to be presided over by the Mayor or the Mayor Pro-Tem, or by some other person designated for such purpose by the Mayor, at which any person interested in the subject matter of such proposed ordinance may appear, in person or by attorney, and submit statements and documentary evidence to the person conducting such hearing. Notice of the time and place of such public hearing will be published at least once, seven days or more prior to the date of such hearing, in a newspaper having general circulation in the Village.

   3. The Village Council will consider the minutes of the public hearing, as well as the written statements submitted as part thereof.. If, prior to a vote on adoption of the ordinance petitions opposing such proposed ordinance are filed with the Village Clerk containing signatures of eligible voters in the Village equal to 10% or more of the total votes cast for the office of Mayor at the last preceding election of Mayor, it will be the policy of the Village Council to hold an advisory referendum on such proposed ordinance. If the majority of the persons voting at such referendum are opposed to such proposed ordinance, it will be the policy of the Village Council not to adopt such ordinance.

3. The interpretation and application of this Resolution shall be within the sole discretion of the Village Council which decision shall be final. Notwithstanding anything to the contrary in the foregoing provisions of this Resolution, any ordinance or resolution hereafter adopted by action of the Village Council shall not be invalidated, impaired or affected in any way by non-compliance or alleged non-compliance with any one or more provisions of this Resolution.

4. Any and all resolutions in conflict with the provisions of this Resolution, and in particular Resolutions 71-81 and 81-1, are hereby repealed.

5. The provision of this Resolution shall be come effective immediately upon its passage and approval.

WHEREAS, upon the effectiveness of the Constitution the Village of Downers Grove became, automatically and without further action of any kind, a home rule unit within the meaning of said Article; and

WHEREAS, the Council of the Village of Downers Grove believes that the Council should exercise the special home rule unit powers and functions under the Constitution with due care and caution, and with a view to the long-range effects that such exercise may have upon the Village and its residents, and for such reasons believes it necessary and desirable to adopt policy guidelines for the exercise of such special home rule unit powers,

NOW THEREFORE, BE IT RESOLVED by the Council. of the Village of Downers Grove, Du Page County, Illinois, as follows:

1. The Downers Grove Municipal Code, as heretofore supplemented and amended, shall remain in full force and effect until further amendments thereto are duly adopted in accordance with applicable law, provided that any such amendment shall be consistent with the provisions of the Constitution and any applicable statute.

2. Prior to adoption of any ordinance that is not authorized under the provisions of the Illinois Municipal Code (Illinois Revised Statutes (1969) Chapter 24) for municipalities that are not home rule units, the Village Council will cause publication of the proposed text of such ordinance in at least two consecutive issues of a newspaper having general circulation in the Village, and shall announce the pendency of such proposed ordinance in at least two consecutive meetings of the Village Council.

3. Prior to adoption of any ordinance imposing a tax on any person or property in the Village that is not authorized under the provisions of the Illinois Municipal Code for municipalities that are not home rule units, the Village Council will follow the following procedure:

   1. The Council shall cause preparation of a statement setting forth the intended use of the additional revenue to be derived from such tax and shall cause publication of such statement along with the publication of the text of the proposed ordinance, referred to in paragraph 2 above.

   2. The Mayor shall cause one or more public hearings to be held with respect to the proposed ordinance to be presided over by the Mayor or the Mayor Pro-Tem, or by some other person designated for such purpose by the Mayor, at which any person interested in the subject matter of such proposed ordinance may appear, in person or by attorney, and submit statements and docu~mentary evidence to the person conducting such hearing. Notice of the time and place of such public hearing shall be published at least once seven days or more prior to the date of such hearing in a newspaper having general circulation in the Village.

   3. The Village Council shall receive all petitions and written statements supporting or opposing such proposed ordinance. If petitions opposing such proposed ordinance shall contain signatures of Village residents equal to 10% or more of the total votes cast for Mayor at the last preceding election for mayor, it shall be the policy of the Village Council to hold a general referendum on such proposed ordinance. If the majority of the persons voting at such referendum are opposed to such proposed ordinance, it shall be the policy of the Village Council not to adopt such ordinance.

4. Prior to adoption of any ordinance that would impose a special tax or so-called "differential" tax on any specified persons or property within a portion (but not all) of the village, the procedures-set forth in paragraph 2 above shall be followed, except that:

   1. in addition to the notice provisions set forth in paragraphs 2 and 3(a) above, the Village Manager will be directed to use his best efforts to give actual notice by the best practicable means available to all persons who would be affected by such ordinance; and

   2. the referendum policy set forth in paragraph 3(c) above shall not be applicable to such ordinance.

5. From time to time at regular intervals after the date of the adoption of this Resolution, the Council will review the provisions of this Resolution and, if necessary or desirable, make additions or amendments hereto.

6. Notwithstanding anything to the contrary in the foregoing provisions of this Resolution, any ordinance or resolution hereafter adopted by proper action of the village Council in compliance with applicable law shall not be invalidated, impaired or affected in any way by non-compliance or alleged non-compliance with any one or more provisions of this Resolution.

7. Any and all resolutions in conflict with the provisions of this Resolution are hereby repealed.

8. The provisions of this Resolution shall become effective immediately upon its passage and approval.