(a)
The registered voters shall have power to propose ordinances of a
legislative character, and if the Council fails to adopt an ordinance
so proposed without change in substance, the registered voters shall
have the power to adopt or reject the proposed ordinance at an election.
(b)
The initiative procedure shall not extend to any ordinance relating
to the budget, capital program, appropriation of money, levy of taxes,
special assessments, salaries of City officers or employees or zoning.
(c)
No proposed initiative ordinance shall contain more than one (1)
subject, which shall be clearly expressed in its title.
(a)
The registered voters shall have power to require reconsideration
by the Council of an ordinance of a legislative character, and, if
the Council fails to repeal an ordinance so reconsidered, the registered
voters shall have the power to approve or reject the ordinance at
an election.
(b)
The referendum procedure shall not extend to any ordinance relating
to the budget, capital program, levy of special assessments, issuance
of special tax bills, appropriation of money, salaries of City officers
or employees, levy of taxes or zoning.
(c)
Referendum petitions shall be filed within twenty-one (21) days after
the adoption of the ordinance to which they are directed.
Any elected official may be removed by the registered voters.
No elected official shall be subject to recall within six (6) months
after induction into office nor during the last six (6) months of
the official's term. If the elected official is retained in office
upon any recall election, the official shall not be subject again
to recall within six (6) months after such recall election.
[Ord. No. 1190 § 7.4(b), 10-12-1976]
(a)
Number of Signatures.
(1)
Initiative and referendum petitions shall be signed by registered
voters of the City equal in number to at least ten percent (10%) of
the registered voters of the City at the time of filing of the petition.
(2)
Recall petitions shall be signed by registered voters of the
City equal in number to at least twenty percent (20%) of the registered
voters of the City at the time of filing of the petitions.
(b)
The signatures on an initiative, referendum or recall petition need
not be appended to one (1) paper, but all papers comprising the petition
shall be uniform in character and shall be filed as one (1) instrument.
Each signature shall be executed in ink or by an indelible marking
device and shall be followed by the address of the signer. Attached
to each separate paper of the petition there shall be an affidavit
of the circulator thereof, stating that each signature appended thereto
was made in the presence of the circulator and is the genuine signature
of the person it purports to be. Each separate paper of a recall petition
shall bear the name and address of not less than two (2) unrelated
persons identified as sponsors of said petition and reciting that
the named sponsors shall have the right to withdraw the recall petition
at any time prior to the designation of a date for election thereon
by the Council.
(c)
The full text of any proposed initiative ordinance shall be appended
to each separate paper of the initiative petition.
(a)
Within ten (10) days after a petition is filed, the sufficiency of
the petition shall be determined. If determined to be insufficient,
the defects shall be specified.
(b)
An insufficient petition may be amended or supplemented within five
(5) days after a determination of insufficiency, but such five (5)
day period shall not extend the period set out herein for the filing
of referendum petitions. Any amended or supplementary petition shall
meet all of the requirements set out herein regarding form and content
of petitions. Within five (5) days after the filing of any amended
or supplementary petition, the sufficiency thereof shall be determined.
If an amended or supplementary petition is determined to be insufficient,
no further action shall be had thereon.
[Ord. No. 1190 § 7.6(d), 10-12-1976]
(a)
When a referendum petition has been certified as sufficient, the
referred ordinance shall be suspended pending repeal of the ordinance
by the Council or certification that the ordinance has not been repealed
at a referendum election held hereunder.
(b)
When an initiative or referendum petition has been certified as sufficient,
the Council shall proceed to consider the initiative proposal or referred
ordinance.
(c)
If the Council fails to adopt a proposed initiative ordinance without
any change of substance within sixty (60) days, or fails to repeal
the referred ordinance within thirty (30) days, the Council shall
call an election thereon to be held within sixty (60) days thereafter.
(d)
When a recall petition is found to be sufficient, and same has not
been withdrawn by written notice of withdrawal signed by all of the
sponsors thereof, the Council shall call an election to be held not
less than forty-five (45) days nor more than ninety (90) days thereafter.
(a)
If a majority of the registered voters voting on a proposed initiative
ordinance vote in its favor, it shall be deemed adopted.
(b)
If a majority of the registered voters voting on a referred ordinance
vote to repeal the ordinance, it shall be deemed repealed.
(c)
If conflicting ordinances are approved at the same election, the
one receiving the greatest number of affirmative votes shall prevail.
(d)
If a majority of the registered voters at the recall election shall
vote in favor of the recall, a vacancy shall exist in the office and
such vacancy shall be filled as provided in the Charter. If a majority
of the registered voters voting at the recall election vote against
the recall, the elected official shall continue in office. An elected
official who has been recalled shall be ineligible to serve as an
appointed official at any time during the remainder of the term for
which the official was elected.
