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10-09-2003
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10-09-2003
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MV City Council
City Council Document Type
City Council Minutes
Date
10/9/2003
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54 Section 5.05. Initiative. Any ordinance may be proposed by a petition. The exact text of the <br /> 55 proposed ordinance must be stated at the head of each page of the petition. The Council must <br /> okact upon the proposed ordinance within 60 calendar days after final determination of the petition's <br /> ufficiency under the provisions of Section 5.03 of this chapter. The Council may amend the <br /> roposed ordinance and must provide such amendments to the petition committee. A majority of <br /> 59 the sponsoring committee of the petition may disapprove the amended form by filing a statement <br /> 60 with the Clerk-Administrator within 14 calendar days of the receipt of the amended ordinance. If <br /> 61 the sponsoring committee does not file disapproval, the ordinance is not required to be submitted <br /> 62 to the voters for enactment. Upon filing a statement of disapproval, the proposed ordinance, as <br /> 63 stated on the original petition, must be placed on the ballot at the next election occurring in the <br /> 64 City. If there is no regularly scheduled election within 120 calendar days of the determination of <br /> 65 sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this <br /> 66 Charter, at or before its next regularly scheduled meeting, the Council shall call a special election <br /> 67 to take place within 90 calendar days of said meeting. If the ordinance receives a majority vote in <br /> 68 its favor, it shall become effective 30 calendar days after adoption unless the ordinance specifies <br /> 69 a late(effective date. <br /> 70 <br /> 71 Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as <br /> 72 in any way affecting the right of the voters to propose amendments to this charter. <br /> 73 <br /> 74 Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be <br /> 75 subjected to a referendum by a petition which shall state at the head of each page the exact text <br /> 76 of the measure to be considered by the voters. If the petition is found to be sufficient under the <br /> 77 provisions of Section 5.03 of this chapter, said ordinance shall thereby be prevented from <br /> 78 enactment, and the subject matter of the petition shall be placed on the ballot at the next election <br /> 04 occurring in the City. If there is no regularly scheduled election within 120 calendar days of the <br /> etermination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter <br /> of this Charter, upon declaration of sufficiency, the Council shall immediately call a special <br /> 82 election to take place within 90 calendar days of said meeting. If a majority of the voters voting <br /> 83 thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority vote <br /> 84 against the ordinance contained in the petition, it shall be considered repealed upon certification <br /> 85 of the election results. <br /> 86 <br /> 87 Section 5.08. Recall. The voters of the City may request a recall vote of any elected official <br /> 88 of the City by petition. The petition shall state at the head of each page, or attached thereto, the <br /> 89 name of the official whose removal is sought, the grounds for recall constituting malfeasance or <br /> 90 misfeasance, in not more than 250 words, and the intention of the sponsoring committee to bring <br /> 91- about the official's recall. The petition shall be filed in the Clerk-Administrator's office prior to <br /> 92 circulation. If the petition is determined sufficient under the provisions of Section 5.03 of this <br /> 93 chapter, the Clerk-Administrator shall submit it to the Council as required. The Clerk- <br /> 94 Administrator shall also officially notify the official sought to be recalled of the sufficiency of the <br /> 95 petition and of the pending action within five working days. Within five working days of <br /> 96 notification, the official may provide an answer stating the justification of their course of action in <br /> 97 not more than 500 words. If there is no regularly scheduled election within 120 calendar days of <br /> 98 the determination of sufficiency or if the calendar date prohibits compliance with provisions in <br /> 99 Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a <br /> 10o special election to take place within 90 calendar days of said meeting. The Clerk-Administrator <br /> 101 shall include with the published notice of the election, the statement of the grounds for the recall <br /> 102 <br /> 1and the answer of the official concerned or a statement stating no answer was received. If 4a <br /> , vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. <br />
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