BA Amundsen IDR April 11 Part 3 - Laserfiche WebLink

Home Browse Search

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 (180) calendar days of the election certification. Failure of a ballot measure for a proposed ordinance shall not prevent the Council from proposing a similar ordinance. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition without amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this adoption process, the ordinance cannot be amended but, if adopted, is subject to the referendum process as defined in Section 5.07. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the Council, it must be presented to the Sponsoring Committee prior to the first reading of the proposed ordinance. The Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the amended proposed ordinance to disapprove the amendment by majority vote, and file a statement with the City Administrator. Upon receipt of a statement of disapproval from the Sponsoring Committee, the Council must either adopt the proposed ordinance, according to Subdivision 1 of this section, or place the ordinance, as presented by the Sponsoring Committee, on the ballot as provided in Section 5.05. If the Sponsoring Committee does not submit a statement of disapproval, the ordinance can proceed, as amended, according to Section 3.05 with no further amendments and, if adopted, is subject to the referendum process as defined in Section 5.07 of this Charter. If the vote for adoption fails, the ordinance, as amended, must be placed on the ballot as provided. in Section 5.05. If an amended ordinance is approved at a first reading, the Council may choose to submit the ordinance, as amended, as a ballot measure. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Subdivision 3. If the ordinance is required to be put on a ballot, or if the Council chooses to submit the ordinance as presented as a ballot measure, they shall proceed as provided for in Section 5.05 of this Charter. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty (30) calendar days after adoption certification of the election results unless the ordinance specifies a later effective date. If the majority does not vote in favor, the ordinance shall not be enacted. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) 11