CITY CHARTER - 2007 - Laserfiche WebLink

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8 Section 5.05. Initiative. Any ordinance may be proposed by a petition which shall state at the head of each page or attached thereto the exact text of the proposed ordinance. If the Council passes the proposed ordinance with amendments, and a majority of the sponsoring committee do not disapprove the amended form by a statement filed with the Clerk-Administrator within ten days of its passage by the Council, the ordinance need not be submitted to the voters. If the Council fails to enact the ordinance in a form acceptable to the majority of the sponsoring committee within sixty days after the final determination of sufficiency of the petition, the ordinance as originally proposed shall be placed on the ballot at the next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the Council shall call a special election on the ordinance to be held within such period. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty days after adoption unless the ordinance specifies a later effective date. (Amended, Ord. 650, 8-16-2000) Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the electors to propose amendments to this charter. Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be subjected to referendum by a petition which shall state at the head of each page, or attached thereto, the exact text of the measure to be considered by the electorate. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be prevented from going into operation, and the subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the Council shall call a special election to be held within such period, providing the petition has been found to be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. (Amended, Ord. 651, 8-16-2000) Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City may be initiated by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the officer whose removal is sought, the grounds for recall, which shall be malfeasance, misfeasance or nonfeasance in office, in not more than 250 words, and the intention of the sponsoring committee to bring about the officer's recall. Such petition shall be filed in the Clerk-Administrator's office prior to circulation. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of special recall election within ninety days after such meeting, except if any other election is to occur within ninety day period after such meeting, the Council may in its discretion provide for the holding of the recall vote at that time. The Clerk- Administrator shall include with the published notice of the election the statement of the grounds for the recall and, also in not more than 500 words, the answer of the officer concerned in justification of their course of office. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy.