(1)
Qualified
voters of the City shall, on at least two (2) separate regular meetings
of the City Council within a sixty (60) day period, request adoption
of an ordinance (except one appropriating money, levying a tax, issuing
bonds, or zoning). In the event the City Council fails to enact such
an ordinance, such voters may submit a petition to the City Council
which, after approval as to legal form by the City Attorney, requests
that the ordinance be passed by the City Council, or, if not passed,
it be submitted to a vote of the qualified voters of the City. Said
petition must be signed by qualified voters of the City equal in number
to twenty percent (20%) of the number of votes cast at the last regular
municipal election, or 250, whichever is greater, and each copy of
the petition shall have attached to it a copy of the proposed ordinance.
(A)
The petition must state the residence of each signer and bear the
oath of one of the Petitioners that each signature thereon is the
genuine signature of each person whose name it purports to be subscribed
thereon.
(B)
The petition shall be filed with the City Secretary and within twenty
(20) business days after such filing the City Secretary shall check
the signatures on the petition against the county voter registration
lists and attach thereto the City Secretary certificate showing the
results of such examination.
(2)
Any
person who has filed an insufficient petition shall be notified within
three (3) business days upon discovery of such insufficiency and may
present additional signatures within ten (10) business days after
such notice or may file a new petition at any time.
(3)
Within
twenty (20) business days after the City Secretary finds such a petition
to be sufficient, the City Council shall either pass the ordinance
as submitted or order an election to submit the proposed ordinance
to a vote of the qualified voters of the City who shall vote on the
question: “For the Ordinance” or “Against the Ordinance.”
If a majority of the qualified voters at such election vote for the
ordinance, it shall thereupon be an ordinance of the City.
(Ordinance 2021-05-00934, prop.
Q, adopted 5/6/21)
Qualified voters of the City may require that any ordinance,
with the exception of ordinances appropriating money or levying taxes,
passed by the Council be submitted to the voters of the City for approval
or disapproval, by submitting a petition for this purpose within thirty
(30) days after final passage of said ordinance, or within thirty
(30) days after its publication. The petition shall be signed in the
same manner as recall petitions are signed, as provided in this article,
and shall be verified by oath in the manner and form provided for
recall petitions in this article and shall be submitted to the City
Secretary. Immediately upon the filing of such petition, the City
Secretary shall present to the Council. Thereupon the Council shall
immediately reconsider such ordinance and, if the Council does not
entirely repeal the same, shall submit it to the popular vote as provided
in this charter. Pending the holding of such election, each ordinance
shall be suspended from taking effect and shall not later take effect
unless a majority of the qualified voters voting thereon at such election
shall vote in favor thereof.
(Ordinance 2021-05-00934, prop.
Q, adopted 5/6/21)
The City Council, upon its own motion and by the affirmative
vote of a majority of the full membership of the City Council, may
submit to popular vote at any election for adoption or rejection any
proposed ordinance, or may submit for repeal any existing ordinance,
in the same manner and with the same force and effect as provided
in this Article for submission of petition, and may at its discretion
call a special election for this purpose.
The ballots used when voting upon such proposed and referred
ordinance, resolution or measures, shall set forth their nature sufficiently
to identify them and shall also set forth upon separate lines the
words:
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“For the Ordinance” or
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Against the Ordinance”
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(Ordinance 2021-05-00934, prop.
Q, adopted 5/6/21)
Prior to the date early voting shall begin in any election on
an initiative or referendum, the City Secretary shall cause the caption
of the particular ordinance to be published in at least one issue
of the official newspaper of the City or a printed copy thereof mailed
to each qualified voter of the City as appears on the tax roll of
the City on the 1st day of January of the year the petition was presented
and the City Secretary shall do such other things relative to such
election as are required in general municipal elections or by the
order calling said election.
(Ordinance 2021-05-00934, prop.
Q, adopted 5/6/21)
If a majority of the qualified voters voting on any proposed
ordinance shall vote in favor thereof, it shall thereupon or at any
time fixed therein, become effective as a law or as a mandatory order
of the Council.
(Ordinance 2021-05-00934, prop.
Q, adopted 5/6/21)
If the provisions of two (2) or more proposed ordinances approved
at the same election are inconsistent, the ordinance receiving the
highest number of votes shall prevail.
(Ordinance 2021-05-00934, prop.
Q, adopted 5/6/21)
No ordinance which may have been passed by the Council upon
a petition or adopted by popular vote under the provisions of this
article shall be repealed or amended except by the Council in response
to a referendum petition or by submission as provided by this charter.
(Ordinance 2021-05-00934, prop.
Q, adopted 5/6/21)
The City Council may pass ordinances or resolutions providing
other and further regulations for carrying out the provisions of this
Article consistent herewith.
(Ordinance 2021-05-00934, prop.
Q, adopted 5/6/21)
Nothing contained in this Article shall be construed to be in
conflict with any provisions of this charter pertaining to ordinances
granting franchises when valuable rights shall have accrued thereunder.
(Ordinance 2021-05-00934, prop.
Q, adopted 5/6/21)
