Resolution 2009-03b Page 5 of 10
<br /> 3. Any amendment to the proposed ordinance must proceed according to Subdivision 2 of this
<br /> • section. If an ordinance is adopted, it shall become effective thirty (30) calendar days after
<br /> publication unless the ordinance specifies a later effective date. If the vote for adoption fails, the
<br /> ordinance must be placed on the ballot as provided in Section 5.05. If a ballot measure for a
<br /> proposed ordinance fails the same measure is prohibited from being brought forward again as an
<br /> initiative within one hundred eighty (180) calendar days of the election certification. Failure of a
<br /> ballot measure for a proposed ordinance shall not prevent the Council from proposing a similar
<br /> ordinance. Amended by Ordinance 790,Adopted July 23,2007;Filed: August 29,2007.)
<br /> Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition
<br /> without amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this
<br /> adoption process, the ordinance cannot be amended but, if adopted, is subject to the referendum
<br /> process as defined in Section 5.07. Amended by Ordinance 790, Adopted July 23, 2007; Filed:
<br /> August 29, 2007.)
<br /> Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the
<br /> Council, it must be presented to the Sponsoring Committee prior to the first reading of the proposed
<br /> ordinance. The Sponsoring Committee shall have fourteen(14) calendar days from the receipt of the
<br /> amended proposed ordinance to disapprove the amendment by majority vote, and file a statement
<br /> with the Clerk AdministratorCity Administrator. Upon receipt of a statement of disapproval from
<br /> the Sponsoring Committee, the Council must either adopt the proposed ordinance, according to
<br /> Subdivision 1 of this section, or place the ordinance, as presented by the Sponsoring Committee, on
<br /> the ballot as provided in Section 5.05. If the Sponsoring Committee does not submit a statement of
<br /> disapproval, the ordinance can proceed, as amended, according to Section 3.05 with no further
<br /> • amendments and, if adopted, is subject to the referendum process as defined in Section 5.07 of this
<br /> Charter. If the vote for adoption fails, the ordinance, as amended, must be placed on the ballot as
<br /> provided in Section 5.05. If an amended ordinance is approved at a first reading, the Council may
<br /> choose to submit the ordinance, as amended, as a ballot measure. Amended by Ordinance 790,
<br /> Adopted July 23,2007;Filed:August 29,2007.)
<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, or attached
<br /> thereto, the exact text of the measure to be considered by the voters. The Sponsoring Committee
<br /> must file the completed petition in the office of the Clerk Administrator City Administrator at least
<br /> ten (10) calendar days before the ordinance takes effect. If a petition is determined to be frivolous,
<br /> no further action on the petition shall be taken and the adoption of the ordinance shall proceed
<br /> according to Section 3.05. If the petition is found to be sufficient under the provisions of Section
<br /> 5.03 of this chapter, the said ordinance shall thereby be prevented from going into operation, and the
<br /> subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If
<br /> no election is to occur within 120 days after the filing of the petition, the Council shall call a special
<br /> election to be held within such period, providing the petition has been found to be sufficient. If a
<br /> majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain in
<br /> effect. If a majority of the electors voting thereon votes against the ordinance contained in the petition,
<br /> it shall be considered repealed upon certification of the election results the Council must immediately
<br /> adopt a resolution suspending the effective date of the ordinance until it is decided by a vote of the
<br /> public. The Council must also immediately pass a resolution to place the measure on a ballot as
<br /> provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained
<br /> • in the petition, it shall take effect immediately unless the ordinance specifies a later date. If a
<br /> majority votes against the ordinance contained in the petition, it shall be considered repealed upon
<br /> certification of the election results. If the petition does not meet the requirements of sufficiency
<br /> under the provisions in Section 5.03 of this chapter and is determined not, to be frivolous, the
<br /> Council must adopt a resolution suspending the effective date of the ordinance for thirty (30)
<br />
|