(30 ILCS 350/5)
(from Ch. 17, par. 6905)
Backdoor referendum procedure.
(a) Whenever applicable law
provides that the authorization or the issuance of bonds, or the becoming
effective of an ordinance providing for the authorization or issuance of
bonds, may be subject to a backdoor referendum, the provisions of this
Section may be used as an alternative to the specific procedures as
otherwise set forth by applicable law.
(b) The governing body may adopt an authorizing ordinance describing
briefly the authority under which bonds are proposed to be issued, the
nature of the project or purpose to be financed, the estimated total costs
of the project or purpose, including in such costs all items related to
financing the project or purpose, and the maximum amount of bonds
authorized to be issued to pay such costs. No further details or
specifications are required in such authorizing ordinance. Such
authorizing ordinance, along with any other notice as required by
applicable law, including any notice as to the right of electors to file a
petition and the number of voters required to sign any such petition, shall
be published at least once in a newspaper of general circulation in the
governmental unit. The governing body may, but is not required to, post the
notice electronically on its World Wide Web pages. A petition may be
filed after such publication or posting during the period as provided by
applicable law; but upon the expiration of any such period without the
filing of a petition meeting the requirements of the applicable law, the
governing body shall be authorized to issue such bonds as if they had
followed all necessary procedures set forth in such applicable law.
(c) If no petition meeting the requirements of applicable law is
filed during the petition period, then the governing body may adopt
additional ordinances or proceedings supplementing or amending the
authorizing ordinance so long as the maximum amount of bonds as set forth
in the authorizing ordinance is not exceeded and there is no material
change in the project or purpose described in the authorizing ordinance.
Such additional ordinances or proceedings shall in all instances become
effective immediately without publication or posting or any further act or
requirement. The authorizing ordinance, together with such additional
ordinance or proceedings, shall constitute complete authority for the
issuance of such bonds under applicable law.
(d) If applicable law provides that notice alone shall be given to
commence a backdoor referendum, the notice shall be published at least once in
a newspaper of general circulation in the governmental unit. The governing
body may, but is not required to, post the notice electronically on its World
Wide Web pages.
(Source: P.A. 91-868, eff. 6-22-00.)