Res2009-03e City Administrator - Laserfiche WebLink

Home Browse Search

Resolution 2009-03b Page 4 of 9 Committee or reviewed by the City Administrator pursuant to Section 5.04. Consistent with the provisions of this Charter and the applicable state laws and rules, the Council may prescribe by ordinance or resolution, the definition of a frivolous petition. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain at least the following: • Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) percent of the total ballots cast for President in the most recent Presidential election. • Petitions for Recall require signatures at least twenty five (25) percent of the total ballots cast for President in the most recent Presidential election. If all requirements have been met, the City Administrator shall report to the Council within ten (10) calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare the sufficiency of the petition by resolution. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Section 5.04. Disposition of Insufficient or Frivolous Petition. If the petition appears to be frivolous, the City Administrator shall report to the Council within ten (10) calendars days of receipt of the petition. If the Council determines the petition is frivolous, the Council shall direct the City Administrator to the file the petition as frivolous and no further action shall be taken. If the City Administrator determines that the petition does not meet the requirements for sufficiency and is not determined to be frivolous, a copy of the petition, together with a written statement of its defects, shall be delivered to the Sponsoring Committee and to the Council within ten (10) calendar days of receipt of the completed petition. As specified in this Charter, the Sponsoring Committee shall have a twenty- one (21) calendar days to file additional signature papers and/or to correct the specified insufficiency. Within nine (9) calendar days of receipt of the corrected completed petition, the City Administrator shall determine whether the petition as corrected meets the requirements for sufficiency and shall proceed as directed in Section 5.03. If the petition is still insufficient, the Council shall direct the City Administrator to file the petition as insufficient and notify the Sponsoring Committee within ten (10) calendar days that no further action will be taken. The final finding that the petition is insufficient shall not prejudice the filing of a new petition for the same purpose unless otherwise specified within this Charter. Except in the case of a petition for recall, it shall not prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of the proposed ordinance must be stated at the head of each page of the petition or attached thereto. The petition shall be filed in the City Administrator's office prior to circulation and shall be valid for one hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. If a petition for initiative is determined to be frivolous, it is prohibited from being repeated within one hundred eighty (180) calendar days of the determination. Within sixty (60) calendar days after final determination of the petition’s sufficiency according to Section 5.03 and 5.04 of this Charter, the Council must either adopt an ordinance according to Subdivisions 1 or 2 or pass a resolution to place the measure on a ballot as provided in Subdivision 3. Any amendment to the proposed ordinance must proceed according to Subdivision 2 of this section. If an ordinance is adopted, it shall become effective thirty (30) calendar days after publication unless the ordinance specifies a later effective date. If the vote for adoption fails, the ordinance must be placed on the ballot as provided in Section 5.05. If a ballot measure for a proposed ordinance fails the same measure is prohibited from being brought forward again as an initiative within one hundred eighty