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CITY_CHARTER_CC_20130512
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CITY_CHARTER_CC_20130512
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MV City Charter Commission
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<br />10 <br /> <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 City Administrator shall report to the Council within ten <br />(10) calendar days of receipt of the completed petition. Thereafter, the Council shall <br />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 City Administrator shall report to the Council within ten (10) calendars days of receipt <br />of the petition. If the Council determines the petition is frivolous, the Council shall direct the City <br />Administrator to the file the petition as frivolous and no further action shall be taken. If the City <br />Administrator determines that the petition does not meet the requirements for sufficiency and is not <br />determined to be frivolous, a copy of the petition, together with a written statement of its defects, <br />shall be delivered to the Sponsoring Committee and to the Council within ten (10) calendar days of <br />receipt of the completed petition. As specified in this Charter, the Sponsoring Committee shall have <br />a twenty-one (21) calendar days to file additional signature papers and/or to correct the specified <br />insufficiency. Within nine (9) calendar days of receipt of the corrected completed petition, the City <br />Administrator shall determine whether the petition as corrected meets the requirements for <br />sufficiency and shall proceed as directed in Section 5.03. If the petition is still insufficient, the <br />Council shall direct the City Administrator to file the petition as insufficient and notify the <br />Sponsoring Committee within ten (10) calendar days that no further action will be taken. The final <br />finding that the petition is insufficient shall not prejudice the filing of a new petition for the same <br />purpose unless otherwise specified within this Charter. Except in the case of a petition for recall, it <br />shall not prevent the Council from referring the subject matter of the petition to the voters at the <br />next regular or special election. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: <br />August 29, 2007.) <br /> <br />Section 5.05. Ballot Measure Requirements. If a measure meets the requirements to be <br />put on a ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly <br />scheduled meeting, the Council shall pass a resolution placing the measure on a ballot. If it is <br />within one hundred twenty (120) calendar days of a primary or general election and all of the <br />county election requirements can be met, the measure shall be placed on the ballot at the next <br />regularly scheduled election. If a measure meets the requirements to be put on a ballot but <br />cannot be placed on the ballot at a regularly scheduled election, at or before its next regularly <br />scheduled meeting, the Council shall pass a resolution placing the measure on the ballot and <br />calling for a special election to be held within one hundred twenty (120) calendar days of said <br />meeting. However, no special elections can be held between a regular primary election and a <br />regular general election or forty (40) calendar days after a regular general election. If there is no <br />regular primary election then no special election shall be held within sixty (60) calendar days <br />prior to a regular general election. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: <br />August 29, 2007.)
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