Any proposed ordinance may be submitted to the commission for
adoption, and any ordinance or resolution passed by the commission
may be submitted to the people for repeal. In either event, the ordinance
or resolution proposed to be adopted or repealed shall be set out
in a written or printed instrument which shall be filed with the person
exercising the duties of city clerk, and at the time of the filing
of such written or printed instrument, there shall be filed a statement
signed by not less than five qualified voters of the city, stating
that they have proposed such ordinance or resolution for adoption
or repeal, and such electors shall be regarded as the initiating or
referring committee, as the case may be, for the purpose hereinafter
provided. Before any such ordinance or resolution may be submitted
to the commission for adoption or repeal, it shall be necessary that
a petition signed by not less than thirty percent of the qualified
voters within the city, as determined by the number voting at the
last regular municipal election shall be presented to the commission
referring to such ordinance or resolution and requesting its adoption
or repeal, as the case may be. All such petitions circulated for signatures
shall be uniform in character and shall have attached to the same,
exact written or printed copy of the proposed ordinance or resolution,
sought to be adopted or repealed. Each signer of a petition shall
sign his name in ink or indelible pencil, in his own hand writing
and shall place on the same following his name his place of residence
by street and number. The signatures to any such petition need not
all be attached to the same paper, but to each such paper there shall
be attached an affidavit by the circulator thereof, stating the number
of signatures to such part of the petition, and that each signature
is genuine and that the person whose name it purports to be, and that
it was made in the presence of the affiant. When signatures have been
obtained in the number above provided for and the petition and statement
have been filed with the person exercising the duties of city clerk,
such officer shall submit all papers pertaining to such ordinance
or resolution, and its proposed initiation or reference to the commission
at its next regular meeting and such officers shall mail to each of
the members of such initiating or referring committee a notice of
the time of the next regular meeting of the commission when such ordinance
or resolution and its adoption or repeal shall be considered, or a
time then set by such commission for its consideration, which hearing
and consideration shall be open to the public, and the public shall
be permitted to present argument for or against such proposed ordinance
or resolution.
(Char. 1916, art. IV, sec. 1, ¶ 1)
After such presentation of the petition and public hearing,
the commission shall within thirty days from the date of the submission
of such petition, take final action upon the same, by either adopting
or rejecting the ordinance thus initiated by petition, or by either
repealing or refusing to repeal the ordinance or resolution thus sought
to be referred, and in either event, the action of the commission
shall be noted in its minutes.
(Char. 1916, art. IV, sec. 1, ¶ 2)
If the commission refuses to pass or to repeal the proposed
ordinance or resolution or passes the same in an amended form from
that presented in the petition, or repeals only a part of such ordinance
or resolution, instead of repealing the same in the manner set out
in such petition of reference, then in either event, such initiating
committee, or such referring committee, may require that such ordinance
or resolution, either in its original or amended form, be submitted
to a vote of the electors for adoption or repeal, as the case may
be.
(Char. 1916, art. IV, sec. 1, ¶ 3)
When an ordinance or resolution proposed by petition is to be submitted to a vote of the electors for adoption or repeal, after the commission has acted upon the same, as provided for in the preceding paragraph, section
4.3, then such initiating or referring committee, as the case may be, upon a majority vote of such committee, shall certify their desire to have the same submitted for adoption or repeal, within twenty days after the commission shall have taken action on the same, and shall file such certificate and statement with the person exercising the duties of the city clerk.
(Char. 1916, art. IV, sec. 1, ¶ 4)
After receipt of such certificate and the certified copy of
the proposed ordinance or resolution, the person exercising the duties
of the city clerk shall present such certificates and certified copy
of the proposed ordinance or resolution to the commission at its next
regular meeting. If any special election is to be held, then such
ordinance or resolution proposed for adoption or repeal shall be submitted
by the city commission to a vote of the electors on the next uniform
election date at which all Election Code requirements could be met.
The form of ballot for use in an election held for the adoption of
any initiated ordinance shall state the title of the ordinance and
contain a succinct statement of its nature and purpose and below such
statements, on separate lines, there shall be printed the words: FOR
THE ORDINANCE; AGAINST THE ORDINANCE. If a majority of the electors
voting in such election shall vote in favor thereof, it shall thereupon
become an ordinance of the city. The form of ballot for use in an
election held for the repeal of any referred ordinance or resolution
shall state the title of the ordinance or resolution and contain a
succinct statement of the nature and purpose of the ordinance or resolution
sought to be repealed, and below such statement, in separate lines,
there shall be printed the words: FOR THE REPEAL OF THE ORDINANCE
(OR RESOLUTION); AGAINST THE REPEAL OF THE ORDINANCE (OR RESOLUTION).
If a majority of the electors voting at such election shall vote in
favor of such ordinance or resolution, then the same shall be considered
repealed. Providing, however, that nothing contained in this section
[article] shall affect the manner of calling elections to determine
whether or not franchises shall be granted.
(Char. 1916, art. IV, sec. 1, ¶ 5; Ordinance 1538, sec. 1 (exh. A, chtr, amd. 5), adopted 2/8/10)