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CITY CHARTER - 2009 January
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CITY CHARTER - 2009 January
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MV City Charter Commission
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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 at least ten (10) calendar <br />days before the ordinance takes effect. If a petition is determined to be frivolous, no further <br />action on the petition shall be taken and the adoption of the ordinance shall proceed according to <br />Section 3.05. If the petition is found to be sufficient under the provisions of Section 5.03 of this <br />chapter, the said ordinance shall thereby be prevented from going into operation, and the subject <br />matter of the petition shall be placed on the ballot at the next election occurring in the City. If no <br />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 <br />petition, it shall be considered repealed upon certification of the election results the Council must <br />immediately adopt a resolution suspending the effective date of the ordinance until it is decided <br />by a vote of the public. The Council must also immediately pass a resolution to place the <br />measure on a ballot as provided in Section 5.05 of this Charter. If a majority of the -voters favors <br />the ordinance contained in the petition, it shall take effect immediately unless the ordinance <br />specifies a later date. If a majority votes against the ordinance contained in the petition, it shall <br />be considered repealed upon certification of the election results. If the petition does not meet the <br />requirements of sufficiency under the provisions in Section 5.03 of this chapter and is <br />determined not to be frivolous, the Council must adopt a resolution suspending the effective date <br />of the ordinance for thirty (30) calendar days and the Sponsoring Committee will have twenty- <br />one (21) calendar days in which to file additional signature papers and/or to correct the specified <br />insufficiency according to Section 5.04. If the final finding is that the petition is insufficient, the <br />ordinance shall take effect on the date declared by the resolution of suspension. If the corrected <br />petition is declared sufficient according to Section 5.03, the Council must pass a resolution <br />suspending the effective date of the ordinance until it can be decided by a vote of the public and <br />proceed as previously mentioned in this section. (Amended by Ordinance 790, Adopted July 23, <br />2007; Filed: August 29, 2007.) <br />Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of <br />the City by petition. The petition shall state at the head of each page, or attached thereto, a <br />certificate stating the name of the official whose removal is sought, the grounds for recall, which <br />shall be malfeasance or misfeasance in office, in not more than two hundred fifty (250) words, <br />and the intention of the Sponsoring Committee to bring about the official's recall. The petition <br />shall be filed in the Clerk -Administrator's office prior to circulation and shall be valid for one <br />hundred eighty (180) calendar days during which time a completed petition with signatures must <br />be filed. <br />The Clerk -Administrator shall notify the official sought to be recalled of the petition and proceed <br />as provided in Section 5.03 and 5.04 of this Charter. If a petition for recall is determined to be <br />frivolous, it is prohibited from being repeated within one year of the determination. If the <br />Council declares the petition sufficient, it shall immediately pass a resolution to place the <br />measure on a ballot as provided for in Section 5.05 of this charter. Within fourteen (14) calendar <br />days of the declaration of sufficiency, the elected official named by the petition may provide a <br />12 <br />
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