CHARTER
ARTICLE VII INITIATIVE AND REFERENDUM
Section 7.01 — Initiative:
(a) The registered electors of the City shall have the power
to propose ordinances to the Council consistent with the provisions of this
Charter and State law.
(b) Any proposed ordinance may be submitted to the Council
for submission to the registered electors by filing with the City Clerk a
petition for the proposed ordinance signed by registered electors of the City
equal in number to at least five (5) percent of the total number of electors of
the City registered on the date the form of the petition was approved by the
Clerk pursuant to statute.
(c) The petition for a proposed ordinance shall be filed with
the Clerk within sixty days after the Clerk’s approval of the form of
petition for circulation. Each petition shall conform with the requirements of
the state statute concerning the form of initiative petitions.
(d) Within fifteen calendar days of the filing of a petition,
the Clerk shall ascertain whether the petition is signed by the requisite number
of registered electors and conforms with the requirements of State law. The
Clerk shall certify the sufficiency or insufficiency of the petition and so
notify all of the designated petition representatives in writing. In the event a
petition is deemed sufficient, whether following the sufficiency determination
by the Clerk in the absence of a protest, or following protest proceedings, the
Clerk shall so certify and present the certified petition to the Council at its
next regular meeting. (Amended at election held Nov. 6, 1990)
Section 7.02 — Submissions:
(a) The proposed ordinance which is the subject of the
initiative shall either be adopted without alteration by the Council within
twenty (20) days after such petition is presented by the City Clerk to Council,
or the Council shall refer such proposed ordinance, in the form petitioned for,
to the registered electors of the City.
(b) The vote by the registered electors on any initiated
ordinance shall be at a regular or special election held not less than sixty
(60) days nor more than one hundred eighty (180) days after the petition for
election is filed with the Clerk. If a majority of the electors voting on said
ordinance vote in favor of the initiated ordinance, it shall become effective
immediately without further publication. (Amended at election held Nov. 6,
1990)
Section 7.03 — Referendum:
(a) The referendum shall apply to all ordinances passed by
Council except ordinances adopting the budget, establishing the tax levy,
approving appropriations providing for improvements to be paid for in whole or
in part by special assessments, or calling for a special election. Additionally,
emergency ordinances necessary to the immediate preservation of the public
property, peace, health or safety shall not be subject to referendum if they
receive the affirmative vote of at least three-fourths of the entire
Council.
(b) If within thirty (30) days after final publication of an
ordinance to which the referendum is applicable, a petition protesting the
ordinance, or any part thereof, is signed by registered electors equal in number
to at least five (5) percent of the total number of electors of the City
registered on the date the form of the petition was approved by the Clerk
pursuant to State statute and is filed with the clerk, the operation of the
ordinance, or part so protested against, shall automatically be suspended upon
certification by the Clerk as to the sufficiency of the petition. The Council
shall reconsider the ordinance within twenty (20) days after the certified
petition is submitted by the Clerk to Council.
(c) If the ordinance, or the part protested, is not entirely
repealed, Council shall submit the ordinance, or the part protested, to a vote
of the registered electors at a regular or special election held not less than
sixty (60) days and not more than one hundred eighty (180) days after the date
the petition was filed with the Clerk. The ordinance, or the part protested,
shall not take effect unless a majority of the registered electors voting in the
election approve it.
(d) The Council shall have the power by ordinance or
resolution to submit any proposed
ordinance or proposition to a vote of the registered electors
at a general or special election as provided in this Charter. No provision of
this Charter shall be construed as limiting the right of Council to refer any
ordinance subject to referendum. (Amended at election held Nov. 6,
1990)