[R.O. 1996 § C-9.1; Ord. No. 4812, 4-15-2019, adopting
amendments approved at election 4-2-2019]
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]
Any five (5) registered qualified
voters 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 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 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]
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 or indelible pencil
and shall be followed by the 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]
Referendum petitions must be filed
within sixty (60) calendar days after adoption by the City Council
of the ordinance sought to be reconsidered.
Initiative and recall petitions must
be filed within sixty (60) calendar days of the issuance of the appropriate
petition forms to the petitioner's committee.
[R.O. 1996 § C-9.6]
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-9.8]
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-9.11]
Notice of initiative, referendum
and recall elections shall be given, the elections conducted, the
returns canvassed, and the results declared, in all respects as in
other City elections.