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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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• Within 10 working days of receipt of the petition, the Clerk-Administrator shall determine its <br /> sufficiency. Upon final determination of sufficiency, the Clerk-Administer shall report the date of <br /> the determination and its sufficiency to the Council at or before the next regularly scheduled <br /> meeting. Upon receipt of the report, the Council shall immediately declare the sufficiency of the <br /> petition by resolution including the reported date of determination of sufficiency. <br /> Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk-Administrator <br /> determines that the sufficiency of a petition cannot be declared, it shall be determined to be <br /> insufficient or irregular. The Clerk-Administrator shall deliver a copy of the petition, together with <br /> a written statement of its defects, to the sponsoring committee. The committee shall have 30 <br /> calender days in which to file additional signature papers and/or to correct the specified <br /> irregularity. Within five working days of receipt of the corrected petition, the Clerk-Administrator <br /> shall determine the sufficiency of the petition as corrected and proceed as directed in Section <br /> 5.03. If the petition is still insufficient or irregular, this shall be considered the Final Finding and <br /> the Clerk-Administrator shall file the petition as noted and immediately notify the sponsoring <br /> committee that no further action will be taken. The final finding that the petition is insufficient or <br /> irregular shall not prejudice the filing of a new petition for the same purpose. Except in the case <br /> of a petition for recall, it shall not prevent the Council from referring the subject matter of the <br /> petition to the voters at the next regular or special election. <br /> Section 5.05. Initiative. Any ordinance may be proposed by a petition. The exact text of <br /> the proposed ordinance must be stated at the head of each page of the petition. The Council <br /> must act upon the proposed ordinance within 60 calendar days after final determination of the <br /> • petition's sufficiency under the provisions of Section 5.03 of this chapter. The Council may <br /> amend the proposed ordinance and must provide such amendments to the petition committee. A <br /> majority of the sponsoring committee of the petition may disapprove the amended form by filing a <br /> statement with the Clerk-Administrator within 14 calendar days of the receipt of the amended <br /> ordinance. If the sponsoring committee does not file disapproval, the ordinance is not required to <br /> be submitted to the voters for enactment. Upon filing a statement of disapproval, the proposed <br /> ordinance, as stated on the original petition, must be placed on the ballot at the next election <br /> occurring in the City. If there is no regularly scheduled election within 120 calendar days of the <br /> determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter <br /> 4 of this Charter, at or before its next regularly scheduled meeting, the Council shall call a special <br /> election to take place within 90 calendar days of said meeting. If the ordinance receives a <br /> majority vote in its favor, it shall become effective 30 calendar days after adoption unless the <br /> ordinance specifies a later effective date. <br /> Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed <br /> as in any way affecting the right of the voters to propose amendments to this charter. <br /> Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be <br /> subjected to a referendum by a petition which shall state at the head of each page the exact text <br /> of the measure to be considered by the voters. If the petition is found to be sufficient under the <br /> provisions of Section 5.03 of this chapter, said ordinance shall thereby be prevented from <br /> enactment, and the subject matter of the petition shall be placed on the ballot at the next election <br /> occurring in the City. If there is no regularly scheduled election within 120 calendar days of the <br /> determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter <br /> 4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a special <br /> Page 2 of 3 A A r‘i V G <br />
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