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Ord 841 First Read Chart Amend
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Ord 841 First Read Chart Amend
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MV City Charter Commission
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Resolution 2009-03b Page 4 of 10 <br />by filing a statement in writing with the Clerk-Administrator City Administrator before the Clerk- <br />Administrator City Administrator advises the Council of the information related to the sufficiency of <br />the petition or, if such completed petition is deemed insufficient pursuant to this Charter, during any <br />time period that additional signature papers are being circulated by the Sponsoring Committee or <br />reviewed by the Clerk-Administrator City Administrator pursuant to Section 5.04. Consistent with the <br />provisions of this Charter and the applicable state laws and rules, the Council may prescribe by <br />ordinance or resolution, the definition of a frivolous petition. (Amended by Ordinance 790, Adopted <br />July 23, 2007; Filed: August 29, 2007.) <br /> <br />Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must meet <br />the requirements set forth in section 5.02 and contain at least the following: <br /> <br /> Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) <br />percent of the total ballots cast for President in the most recent Presidential election. <br /> Petitions for Recall require signatures at least twenty five (25) percent of the total ballots <br />cast for President in the most recent Presidential election. <br /> <br />If all requirements have been met, the Clerk-Administrator City Administrator shall report to the <br />Council within ten (10) calendar days of receipt of the completed petition. Thereafter, the Council <br />shall immediately declare the sufficiency of the petition by resolution. (Amended by Ordinance 790, <br />Adopted July 23, 2007; Filed: August 29, 2007.) <br /> <br /> Section 5.04. Disposition of Insufficient or Frivolous Petition. If the petition appears to be <br />frivolous, the Clerk-Administrator City Administrator shall report to the Council within ten (10) <br />calendars days of receipt of the petition. If the Council determines the petition is frivolous, the Council <br />shall direct the Clerk-Administrator City Administrator to the file the petition as frivolous and no <br />further action shall be taken. If the Clerk-Administrator City Administrator determines that the petition <br />does not meet the requirements for sufficiency and is not determined to be frivolous, a copy of the <br />petition, together with a written statement of its defects, shall be delivered to the Sponsoring <br />Committee and to the Council within ten (10) calendar days of receipt of the completed petition. As <br />specified in this Charter, the Sponsoring Committee shall have a twenty-one (21) calendar days to file <br />additional signature papers and/or to correct the specified insufficiency. Within nine (9) calendar days <br />of receipt of the corrected completed petition, the Clerk-Administrator City Administrator shall <br />determine whether the petition as corrected meets the requirements for sufficiency and shall proceed as <br />directed in Section 5.03. If the petition is still insufficient, the Council shall direct the Clerk- <br />Administrator City Administrator to file the petition as insufficient and notify the Sponsoring <br />Committee within ten (10) calendar days that no further action will be taken. The final finding that the <br />petition is insufficient shall not prejudice the filing of a new petition for the same purpose unless <br />otherwise specified within this Charter. Except in the case of a petition for recall, it shall not prevent <br />the Council from referring the subject matter of the petition to the voters at the next regular or special <br />election. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) <br /> <br />Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of the <br />proposed ordinance must be stated at the head of each page of the petition or attached thereto. The <br />petition shall be filed in the Clerk-AdministratorCity Administrator's office prior to circulation and <br />shall be valid for one hundred eighty (180) calendar days during which time a completed petition <br />with signatures must be filed. If a petition for initiative is determined to be frivolous, it is <br />prohibited from being repeated within one hundred eighty (180) calendar days of the determination. <br />Within sixty (60) calendar days after final determination of the petition’s sufficiency according to <br />Section 5.03 and 5.04 of this Charter, the Council must either adopt an ordinance according to <br />Subdivisions 1 or 2 or pass a resolution to place the measure on a ballot as provided in Subdivision
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