[R.O. 1996 § C-9.1; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019; Ord. No. 5408, 4-21-2025]
A. 
Initiative. The registered voters of the City shall have power to propose ordinances to the City Council and, if the City Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, zoning or salaries of City Officers or employees. No proposed initiative ordinance shall contain more than one subject, which shall be clearly expressed in its title.
B. 
Referendum. The registered voters of the City shall have power to require reconsideration by the City Council of any adopted ordinance and, if the City Council fails to repeal an ordinance so reconsidered, to approve or reject it at a City election, provided that such power shall not extend to the budget or capital program, any emergency ordinance, any ordinance levying a special assessment or providing for the issuance of special tax bills, or any ordinance relating to zoning, appropriation of money or levy of taxes.
C. 
Recall. Any official elected by popular vote may be removed by the registered voters qualified to vote for their successor except as hereinafter provided, such power to be known as the "recall." No official elected by popular vote shall be subject to recall within six (6) months from their induction into office or during the last six (6) months of their term; and if the official is retained in office upon any recall election, the official shall not be again subject to recall during the same term of office.
[R.O. 1996 § C-9.2; Ord. No. 5408, 4-21-2025]
Any five (5) registered qualified voters of the City may commence initiative, referendum or recall proceedings by filing with the City Clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying a Chair for the Committee and the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered, or specifying the name of the elected official to be recalled. No person shall qualify as a petition circulator who has been convicted of, found guilty of, or pled guilty to an offense involving forgery under the laws of this state or an offense under the laws of any other jurisdiction if that offense would be considered forgery under the laws of this state. Any additional registered, qualified voter of the City may join the Petitioner's Committee by submitting a notarized Affidavit. The Affidavit must be signed by both the Committee Chair and the additional Committee member and include the member's name and address. The Affidavit must be received by the City Clerk's Office prior to the new member obtaining signatures on a Petition.
No more than three (3) working days after the affidavit of the petitioners' committee is filed, the City Clerk shall issue the appropriate petition blanks to the petitioners' committee.
[R.O. 1996 § C-9.3; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019; Ord. No. 5408, 4-21-2025]
A. 
Number Of Signatures. Initiative and referendum petitions must be signed by registered qualified voters of the City equal in number to at least eight percent (8%) of the total number of registered qualified voters registered to vote at the last regular City election. A recall petition shall be signed by registered qualified voters qualified to vote for their successor equal to at least twelve percent (12%) of the total number of registered, qualified voters registered to vote at the last regular City election.
B. 
Form And Content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink and shall be followed by the printed name and address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or reconsidered. Recall petitions shall state the name and office of the elected official sought to be recalled. No petition shall seek the recall of more than one (1) officer, but several propositions for recall may be separately submitted at the same election on the same ballot.
C. 
Affidavit Of Circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that the circulator personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in the circulator's presence, that the circulator believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
[R.O. 1996 § C-9.4; Ord. No. 5408, 4-21-2025]
Referendum petitions must be filed within ninety (90) calendar days after adoption by the City Council of the ordinance sought to be reconsidered.
Initiative and recall petitions must be filed within ninety (90) calendar days of the issuance of the appropriate petition forms to the petitioner's committee.
[R.O. 1996 § C-9.5; Ord. No. 5408, 4-21-2025]
A. 
Certificate Of City Clerk — Amendment. Within twenty (20) calendar days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioner's committee by certified mail, return receipt requested or via in person with written acknowledgement of receipt. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioner's committee files a notice of intention to amend it with the City Clerk within three (3) working days after receiving the copy of this certificate and files a supplementary petition upon additional papers within ten (10) calendar days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of Subsections (B) and (C) of Section 9.3, and within five (5) working days after it is filed, the City Clerk shall complete a certificate as to the sufficiency of the petitions as amended and promptly send a copy of such certificate to the petitioner's committee by certified mail, return receipt requested or via in person with written acknowledgement of receipt as in the case of an original petition. If a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend within the time required, the City Clerk shall promptly present this certificate to the City Council, and the certificate shall then be a final determination as to the sufficiency of the petition.
B. 
Court Review — New Petition. A final determination as to the sufficiency of a petition shall be subject to court review in the manner provided by law for review of administrative decisions. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.
[R.O. 1996 § C-9.6; Ord. No. 5408, 4-21-2025]
When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:
1. 
There is a final determination of insufficiency of the petition; or
2. 
The petitioner's committee withdraws the petition; or
3. 
The City Council repeals the ordinance; or
4. 
The election results sustaining the ordinance have been certified.
[R.O. 1996 § C-9.7; Ord. No. 5408, 4-21-2025]
A. 
Action By City Council. When an initiative or referendum petition has been determined sufficient, the City Council shall promptly consider the proposed initiative ordinance in the manner provided in Article III or reconsider the referred ordinance by voting its repeal. If the City Council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days after the date the petition was determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City.
B. 
Submission To Voters. The vote of the City on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than the next legally available election as prescribed by State law.
[R.O. 1996 § C-9.8; Ord. No. 5408, 4-21-2025]
An initiative, referendum or recall petition may be withdrawn at any time prior to 5:00 P.M. on the final day for withdrawal, as prescribed by State law, by filing with the City Clerk a request for withdrawal signed by at least four (4) members of the petitioners' committee.
Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated.
[R.O. 1996 § C-9.9; Ord. No. 5408, 4-21-2025]
A. 
Recall Election. When a recall petition has been certified to the City Council as sufficient by the City Clerk, the City Council shall fix a date for holding the election, not less than thirty (30) days thereafter, or at the next legally available election. If such office becomes vacant prior to the election, such election shall be canceled, and the vacancy shall be filled as provided in this Charter.
B. 
Recall Ballot. The recall question shall be submitted to the voters in substantially the following form:
Shall
Name
Title
 
 
be removed from office?
Yes_____
No_____
[R.O. 1996 § C-9.10; Ord. No. 5408, 4-21-2025]
A. 
Initiative. If a majority of the registered qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
B. 
Referendum. If a majority of the registered qualified voters on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.
C. 
Recall. If a majority of the registered qualified voters voting in such recall election shall vote in favor of the recall, then a vacancy shall exist, regardless of a defect in the recall petition. Such vacancy shall be filled as provided in this Charter. If a majority of the registered qualified voters voting in such election shall vote against the recall, the elected officer shall continue in office. Any such person who has been recalled shall be ineligible to serve in the City in any capacity at any time during the remainder of the term for which the official was originally elected.