The qualified voters of the city shall have the power, subject to the procedures and limitations set forth herein, to propose the initiation of ordinances or the repeal of ordinances previously enacted by the Council. The Council shall give consideration to any matters brought to its attention by the process of initiative; and, if the Council should fail to act affirmatively in response to such petition, the action desired by the petitioners shall be submitted to referendum of the qualified voters of the city under procedures set forth below:
A. Limitations on initiative and referendum. The following limitations shall apply to the use of initiative and referendum:
(1) Initiative and referendum may not be used to:
(a) Alter ordinances enacting or amending the annual operating and capital budgets of the city; however, such action may be taken with respect to any ordinance authorizing the establishment of specific programs or projects.
(b) Alter the salaries of city officials and employees unless specifically authorized by law or by the Council.
(c) Alter or rescind any ordinance providing for the levy and collection of taxes, special assessments, service charges, fees, rates or other charges for city services.
(2) No ordinance enacted by referendum which would affect the revenues or expenditures of the city in the fiscal year in which the ordinance is adopted shall take effect prior to the start of the succeeding fiscal year.
(3) No ordinance proposed by initiative shall contain more than one subject, which shall be clearly expressed in its title.
B. Petition. All petition papers for the purpose of initiating or repealing an ordinance shall:
(1) Bear, in ink, the signatures, addresses and date of signing of the fewer of 500 or 20% of the number of registered voters of Coatesville who voted in the most recent presidential election.
(2) Contain the names and addresses of five voters designated as the Committee of Petitioners and the person designated as Chairperson of the Committee.
(3) In the case of initiating an ordinance, contain the full text of the ordinance proposed, and in the case of repealing an ordinance, identify the title, date and a summation of the significant substance of the ordinance proposed for repeal.
(4) Contain on each page an affidavit executed by the circulator of the petition that all signatures thereon are genuine and were affixed in the presence of the circulator on the date indicated only after the signer had an opportunity to read the full text prior to signing.
(5) Be circulated and signed within a period of 30 days between the date of the first signature and the date at which the petition papers are submitted to the Manager as provided herein.
(6) Be submitted to the City Manager, who shall immediately take further action as set forth below.
C. Effect of petition. If the petition calls for the repeal of an ordinance which was not in effect at the time the petition was filed with the City Manager, the effective date of the ordinance will be suspended until final decision has been made under this Article. If the ordinance was in effect at the time the petition was filed with the City Manager, the ordinance will remain in effect until repealed by the Council or by referendum.
D. Action by the City Manager. Upon receipt of a petition to initiate or repeal an ordinance, the City Manager shall take the following action:
(1) Within 20 days of receiving the petition, the Manager shall examine the petition for compliance with the provisions of this section with respect to the form and sufficiency of signatures and shall advise the Chairperson of the Committee of Petitioners by registered mail of the results of such examination.
(2) If the purpose of the petition is to initiate an ordinance, the Manager shall immediately refer a copy of the ordinance to the City Solicitor, who shall within five days certify to the Manager whether or not the proposed ordinance is lawful under general law or this Charter and whether or not the proposed ordinance is in proper form or can be so written without changing the substance. If the Solicitor considers the proposed ordinance to be lawful but defective in form, the Solicitor shall provide a draft in proper form. The Manager shall report the findings of the Solicitor in the report to the Chairperson of the Committee of Petitioners.
(3) Within 10 days of receiving the response of the Manager, the Chairperson of the Committee of Petitioners may notify the Manager of the Committee's acceptance of the report and the revised draft, if any, of the ordinance and shall remedy any minor procedural deficiencies, if any, cited by the Manager in the report to the Committee. Otherwise, the matter will be considered to be abandoned, and any further action must be initiated by a new petition.
(4) If the Manager finds the petition to be sufficient, the Manager shall, within 20 days after receipt, place the proposed ordinance on the agenda for consideration at the next regularly scheduled meeting of the Council, which shall occur at least seven days after advertisement as provided herein.
(5) The Manager shall advertise the proposed ordinance in the same manner as an ordinance initially approved by the Council under §
2-304 of this Charter.
E. Action by the Council. Unless the petition is rescinded by action of the Committee of Petitioners as provided below, the Council must accept or reject the proposed ordinance or repeal of an ordinance at the advertised meeting. No amendments may be made which materially change the substance or effect of the proposed ordinance.
F. Failure to act. If, within 60 days of submission of the petition to the Manager, the Council shall fail to adopt the proposed ordinance or repeal of an ordinance without any change in substance, the Manager shall, within 10 days thereafter, file the petition with the election officers of Chester County and request that the proposed ordinance or repeal of an ordinance be submitted for referendum to the voters of Coatesville at the next election, municipal, general or primary, which shall occur not less than 60 days from the date of certification of the petition to the county election officers. Prior to the election, the proposed ordinance or description of the ordinance to be repealed shall be published as required by the Pennsylvania Election Code. No referendum shall be taken under this Article at a special election other than at the time of a regularly scheduled election.
G. Results of election.
(1) If a proposed ordinance or repeal of an ordinance is rejected in the referendum, no further action may be initiated by petition on the same subject within two years from the date of the election at which the proposal was defeated. However, the Council will retain the option of adopting a similar ordinance or repealing previous ordinances at its discretion.
(2) If a majority of the qualified electors voting on the question favor the adoption of a proposed ordinance or repeal of an ordinance previously enacted, the new ordinance shall become effective or the repealed ordinance shall become void upon certification of the election results. The Manager shall add new ordinances to or delete repealed ordinances from the record book and the Code of ordinances. The Council shall take no action to repeal or significantly modify an ordinance adopted by initiative and referendum within a period of two years from the date of the election at which the ordinance was approved.
H. Neglect of duty. Should any city officer fail to carry out the duties of implementing actions required by this Article or should the Committee of Petitioners be dissatisfied with any action of the Manager in rejecting a petition, the Committee of Petitioners may institute action with the Court of Common Pleas of Chester County to enforce compliance. If the matter deals with the repeal of an ordinance which was not in effect at the time the petition was submitted to the Manager, the effective date of the ordinance shall be suspended until final decision has been made under this Article.
I. Rescinding petition. Before final action is taken by the Council or by the county election officers if the matter has been certified to them for referendum, the Committee of Petitioners may, by majority vote of its members, elect to rescind the petition and thereupon notify in writing the Manager and, if necessary, the county election officers of such decision. If such action is taken, the matter will be closed, and any further action may be taken only by a new petition.