The qualified voters of the City of Gonzales, in addition to the method of legislation hereinbefore provided, shall have the power of direct legislation by the initiative and referendum.
Qualified voters of the City of Gonzales may initiate legislation by submitting a petition addressed to the city council, which requests the submission of a proposed ordinance 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 25% of the number of registered voters registered to vote at the last regular City election and each copy of the petition shall have attached to it a copy of the proposed legislation. The petition shall be signed in the same manner as recall petitions are signed, as provided in Section 6.02 of this charter. The petition may consist of one or more copies as permitted for recall petitions in Section 6.04 of this charter. Such petition shall be filed with the person performing the duties of city secretary. Within ten (10) days after the filing of such petition, the person performing the duties of city secretary shall present said petition and proposed ordinance or resolution to the city council. Upon presentation of the petition and draft of the proposed ordinance, it shall become the duty of the city council, within ten days after the receipt thereof, to pass and adopt such ordinance without alteration as to meaning or effect in the opinion of the persons filing the petition, or to call a special election within to be held on the next uniform election date authorized by State law.
(May 4, 2019, measures 2, 5, 9)
Qualified voters of the City of Gonzales may require that any ordinance, with the exception of ordinances or resolutions levying taxes or any other ordinance not subject to referendum as provided by state statute or common law, passed by the city council, be submitted to the voters of the city for approval or disapproval, by submitting a petition for this purpose within 30 days after final passage of said ordinance, or within 30 days after its publication. Said petition shall be addressed, prepared and signed as required for petitions initiating legislation as provided in Section 7.02 of this charter and shall be submitted to the person performing the duties of city secretary. Within ten (10) days upon the filing of such petition, the person performing the duties of city secretary shall present said petition to the city council. Thereupon the city council shall immediately reconsider such ordinance and, if it does not entirely repeal the same, shall submit it to popular vote as provided in Section 7.02 of this charter. Pending the holding of such election, such ordinance shall be suspended from taking effect and shall not later take effect unless a majority of the qualified voters voting at such election shall vote in favor thereof.
(May 4, 2019, measure 5)
The city council, upon its own motion and by a majority vote of its members, may submit to popular vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or may submit for repeal any existing ordinance, resolution or measure, in the same manner and with the same force and effect as provided in this article for submission on petition, and may in its discretion call a special election for this purpose.
The ballots used when voting upon such proposed and referred ordinances, resolutions or measures, shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines the words:
“FOR the ORDINANCE;” and
“AGAINST the ORDINANCE,” or
“FOR the RESOLUTION,” and
“AGAINST the RESOLUTION.”
The person performing the duties of the city secretary shall publish as required by state law the proposed or referred ordinance or resolution within fifteen (15) days before the date of the election, and shall give such other notices and do such other things relative to such election as are required in general municipal elections or by the ordinance or resolution calling said election.
If a majority of the qualified voters voting on any proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a law or as a mandatory order to the city council.
If the provisions of two or more proposed ordinances or resolutions approved at the same election are inconsistent, the ordinance or resolution receiving the highest number of votes shall prevail.
No ordinance or resolution which may have been passed by the city council upon a petition or adopted by popular vote under the provisions of this article shall be repealed or amended for a period of three years from the date said ordinance became effective and then only upon by an affirmative vote of two-thirds of the City Council, except the city council may, in response to a referendum petition or by submission as provided in Section 7.04 of this charter submit an amendment or repeal to a vote by the Citizens at any time.
(May 4, 2019, measure 6)
The city council may pass ordinances or resolutions providing other and further regulations for carrying out the provisions of this article consistent herewith.
Nothing contained in this article shall be construed to be in conflict with any of the provisions of Article X of this charter, pertaining to ordinances granting franchises when valuable rights shall have accrued thereunder.