(El. of 5-2-1998; El. of 11-5-2013)
(a) 
Ordinances may be proposed. The qualified voters of the City of Burleson have the power of initiative to:
(1) 
propose an ordinance; except an ordinance:
(A) 
appropriating money;
(B) 
authorizing the levy of taxes; or
(C) 
on a topic that the courts have held is not subject to initiative; and
(2) 
adopt or reject the ordinance at an election.
(b) 
Petition required.
Voters may submit an initiative ordinance to the city council by a petition signed by a number of qualified voters of the city equal to at least 30 percent of the total votes cast at the last general election, or equal to 5 percent of registered voters, whichever is greater.
(El. of 5-2-1998; El. of 11-5-2013)
(a) 
Ordinances may be challenged.
The voters also have the power of referendum to approve or reject, at an election, any ordinance passed by the city council or submitted by the city council to a vote of the citizens; except an ordinance:
(1) 
authorizing the issuance of bonds;
(2) 
levying taxes; or
(3) 
on a topic that the courts have held is not subject to referendum.
(b) 
Initiative ordinances.
Ordinances submitted to the city council by initiative petition and passed by the city council without change are subject to the referendum in the same manner as other ordinances.
(c) 
Petition required.
Within 20 days after the enactment by the city council of an ordinance that is subject to a referendum, voters may file with the city secretary, a petition signed by qualified voters of the city equal in number to at least 30 percent of the total votes cast at the last general election, or equal to 5 percent of registered voters, whichever is greater.
(El. of 5-2-1998)
(a) 
Petition forms; affidavit.
The signatures of initiative or referendum petitions may be contained in more than one petition form, but each petition form must contain an affidavit of the circulator of that petition form affirming that:
(1) 
the circulator personally circulated the petition paper;
(2) 
the paper bears a stated number of signatures;
(3) 
all signatures on the petition paper were made in the circulator's presence; and
(4) 
the circulator believes them to be the authentic signatures of the persons whose names they purport to be.
(b) 
Contents of a petition.
To be valid, a petition form must contain the following:
(1) 
if it is an initiative petition, the full text of the ordinance; and
(2) 
the names and addresses of five qualified voters, who shall be regarded as a committee of petitioners responsible for the circulation and filing of the petition.
(c) 
Validity of signatures.
For a signature to be valid, the petition must contain:
(1) 
the signature of each signer in ink or indelible pencil;
(2) 
the signer's place of residence by street and number or other description sufficient to identify the location;
(3) 
the signer's voting precinct number; and
(4) 
other information required by state law for an election petition to be valid.
(El. of 5-2-1998; El. of 11-5-2013)
(a) 
City secretary examines petition.
All petition forms comprising an initiative or referendum petition must be assembled and filed with the city secretary as one instrument. Within 15 business days after the petition is filed, the city secretary shall determine whether:
(1) 
each petition form has a proper affidavit of the circulator as required in Section 102(a);
(2) 
each petition form contains all information as required in Section 102(b); and
(3) 
the petition contains the valid signatures of a sufficient number of qualified voters as required in Section 102(c).
(b) 
Sufficiency of affidavit.
The city secretary shall declare any petition form entirely invalid which does not contain, an affidavit signed by the circulator. If a petition form is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds.
(c) 
Certifying petition.
After completing examination of the petition the city secretary shall certify the results to the city council at its next regular meeting. If the city secretary certifies that the petition is insufficient, the city secretary shall describe the defects in the certificate and shall immediately send notice to all members of the committee of petitioners of these findings.
(El. of 5-2-1998)
(a) 
Time period; notice.
The committee may amend the petition by submitting supplementary petition forms, signed and filed as required for the original petition. An initiative or referendum petition may be amended once at any time within 10 days after the city secretary sends notification of insufficiency to members of the committee. The city secretary shall send notice to all committee members by personal delivery made by city employees or by commercial courier service. A receipt indicating that one or more members of the committee have received notice is sufficient to begin the running of the 10-day period at the time of the earliest dated receipt.
(b) 
Examination of amendments.
The city secretary shall, within five days after an amendment is filed, make examination of the amended petition and, if the petition is still insufficient, the city secretary shall file a certificate to that effect in the city secretary's office and notify the committee of petitioners by United States mail of the findings. No further action shall be taken on the insufficient petition. The finding of the insufficiency of a petition does not preclude the filing of a new petition for the same purpose.
(El. of 5-2-1998)
When a referendum petition, or amended referendum petition, as described in Section 104 of this Charter, is certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action under the ordinance shall be suspended, if it has gone into effect, until and unless approved by the voters at an election.
(El. of 5-2-1998)
(a) 
Immediate consideration.
When the city secretary certifies an initiative or referendum petition as sufficient, the city secretary shall present the petition to the city council at its next regular city council meeting for which there is time to post notice. At this meeting, the city council shall give the petition immediate consideration.
(b) 
Initiative ordinance.
The city council shall hold a public hearing on a proposed initiative ordinance. The city council shall take final action on the ordinance not later than 60 days after the date on which the petition was certified to the city council by the city secretary.
(c) 
Referendum ordinance.
A referred ordinance shall be reconsidered by the city council and the city council shall take a final vote upon the question, "Shall the ordinance specified in the referendum petition be repealed?"
(El. of 5-2-1998)
If the city council fails to pass an ordinance proposed by an initiative petition, passes the ordinance in a form different from that set forth in the petition, or fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the voters at an election held on the next state uniform election date that is at least 30 days after the date the city council takes its final vote on the ordinance.
(El. of 5-2-1998)
(a) 
Ballot title.
Ordinances submitted to a vote at an election in accordance with the initiative or referendum provisions of this Charter shall be submitted in the form of a ballot title that is prepared by the city attorney. The ballot title may be different from the legal title of the ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of the ordinance. If a paper ballot is used, the following propositions shall be placed next to the ballot title as required by state law, one above the other, in the order indicated:
"FOR THE ORDINANCE"
"AGAINST THE ORDINANCE"
(b) 
More than one ordinance at an election.
Any number of ordinances may be voted on at the same election and may be submitted on the same ballot. If paper ballots are used, initiative and referendum propositions shall be placed on a separate ballot from other matters to be voted on at the same election.
(El. of 5-2-1998)
If a majority of the qualified voters voting on a proposed initiative ordinance vote for the ordinance, it immediately becomes an ordinance of the city. If a majority of the qualified voters voting on a referendum ordinance vote against the ordinance, the ordinance is immediately repealed. If conflicting ordinances are approved by the voters at the same election, the one receiving the greatest number of affirmative votes prevails to the extent of any conflict.
(El. of 5-2-1998)
(a) 
Amendments.
Initiative ordinances approved by the voters shall be published, and may only be amended or repealed by the city council in response to an initiative or a referendum petition in accordance with Sections 100 through 109 of this Charter or through city council initiative in accordance with Subsection (b).
(b) 
City council action.
The city council, upon its own motion and by majority vote of its membership, may submit to the voters at an election, any proposed ordinance, resolution, or measure for adoption or rejection. The election is held in the same manner and with the same effect as provided in this article for submission by petition. The city council may, in its discretion, call a special election for this purpose.
(El. of 8-13-1977; El. of 5-2-1998; El. of 5-4-2019)
The mayor and council members are subject to recall and removal from office by the qualified voters of the city.
(El. of 5-2-1998)
(a) 
Affidavit required.
Any qualified voter of the city may file with the city secretary an affidavit containing the name of the elected official whose removal is sought and a statement of the grounds for removal. Upon receipt of a separate affidavit for each official whose removal is sought, the city secretary shall deliver to the voter making the affidavit, copies of petition forms demanding removal of the official.
(b) 
Petition forms.
The city secretary shall keep a sufficient number of printed petition forms on hand for distribution. The petition forms when issued by the city secretary shall:
(1) 
bear the city secretary's signature;
(2) 
be addressed to the city council;
(3) 
be numbered and dated;
(4) 
indicate the name of the person to whom issued;
(5) 
indicate the number of petition forms issued;
(6) 
indicate the name of the official whose removal is sought; and
(7) 
contain blank spaces for all information required for a petition by Section 102(c) of this Charter and by state law.
(c) 
Record of petition forms.
The city secretary shall enter in a record to be kept in the city secretary's office the name of the qualified voter to whom the petition forms were issued, the date of issuance, and the number issued to the person.
(El. of 8-13-1977; El. of 5-2-1998; El. of 11-5-2013; El. of 5-4-2019)
(a) 
Return of petition.
To be effective, a recall petition must be returned and filed with the city secretary within 30 days after the filing of the affidavit required in Section 112 of this Charter and the issuance of the first petition form. The petition must be signed by qualified voters of the city equal in number to at least 30 percent of the total number of votes cast at the last general city election at which the elected official sought to be recalled was elected, or equal to 5 percent of the registered voters, whichever is greater.
(b) 
Validity.
For a signature to be valid, the petition must contain the information required for a valid signature under Section 102(c) of this Charter.
(c) 
Affidavit of circulator.
A petition may consist of more than one petition form, but each petition form must contain an affidavit of the circulator that complies with the requirements for an affidavit under Section 102(a) of this Charter.
(d) 
City secretary's signature.
A petition form is not valid unless it bears the original signature of the city secretary as required in Section 112 of this Charter.
(El. of 5-2-1998; El. of 11-5-2013; El. of 5-4-2019)
(a) 
Examination of petition.
When a recall petition is filed, the city secretary shall within 15 business days validate the petition. If the city secretary finds that the petition is sufficient and in compliance with the provisions of this Charter and state law, the city secretary shall within five days of making the finding, notify (in writing) the official sought to be recalled and submit the petition to the city council with a certificate of the petition's validity.
(b) 
Order of election.
If the elected official whose removal is sought does not resign within five days after receiving the notice, the city council shall order a recall election to be held on the next state uniform election date that is at least 30 days after the date the city council orders the election.
(El. of 5-2-1998)
Ballots used at recall elections shall conform to the following requirements:
(1) 
With respect to each person whose removal is sought, the question shall be submitted, "Shall (name of person) be removed from the office of (mayor) (councilmember) by recall?"
(2) 
Immediately to the left of each question there shall be printed the two following choices:
"YES"
"NO"
(El. of 5-2-1998; El. of 5-4-2019)
If a majority of the voters at a recall election vote "No", the elected official shall continue in office for the remainder of the unexpired term, subject to recall as before. If a majority of the voters at the election vote "Yes", the official is removed from office, regardless of any technical defects in the recall petition, and the vacancy shall be filled by the city council as in the case of other vacancies. If there is a tie vote, the recall fails.
(El. of 5-2-1998; El. of 5-4-2019)
A recall petition shall not be filed against an elected official within six months after the official takes office nor within six months after an unsuccessful election held pursuant to a petition to recall the official.
(El. of 5-2-1998)
Should the city council fail or refuse to order an election required in this article, when all the requirements for the election have been complied with by the petitioning voters, then it is the duty of a district judge of Johnson County, Texas, upon proper application, to order the election and to enforce the provisions of this article.