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Chap5Clear-H (2)
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Chap5Clear-H (2)
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MV City Charter
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Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be <br />construed as in any way affecting the right of the voters to propose amendments to this <br />charter. <br />Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it <br />may be subjected to a referendum by a petition which shall state at the head of each <br />page the exact text of the measure to be considered by the voters. If the petition is <br />found to be sufficient under the provisions of Section 5.03 of this chapter, said <br />ordinance shall thereby be prevented from enactment and the City Council must adopt a <br />resolution placing the Ordinance on hold and complete the following courses of action <br />within 150 days of determination of sufficiency. The subject matter of the petition shall <br />be placed on the ballot at the next election occurring in the City. If there is no regularly <br />scheduled election within 120 calendar days of the determination of sufficiency or if the <br />calendar date prohibits compliance with provisions in Chapter 4 of this Charter, upon <br />declaration of sufficiency, the Council shall immediately call a special election to take <br />place within 90 calendar days of said meeting. If a majority of the voters voting thereon <br />favors the ordinance contained in the petition, it shall take effect immediately unless the <br />ordinance specifies a later date. If a majority votes against the ordinance contained in <br />the petition, it shall be considered repealed upon certification of the election results. <br />(Amended, Ord. 651, 8-16-2000) <br />Section 5.08. Recall. The -voters of the City may request a recall vote of any <br />elected official of the City -by petition. The petition shall state at the head of each page, <br />or attached thereto, the name of the official whose removal is sought, the grounds for <br />recall constituting malfeasance or misfeasance, in not more than 250 words, and the <br />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. If the petition is <br />determined sufficient under the provisions of Section 5.03 of this chapter, the Clerk - <br />Administrator shall submit it to the Council as required. The Clerk -Administrator shall <br />also officially notify the official sought to be recalled of the sufficiency of the petition and <br />of the pending action within five working days. Within five working days of notification, <br />the official may provide an answer stating the justification of their course of action in not <br />more than 500 words. If there is no regularly scheduled election within 120 calendar <br />days of the determination of sufficiency or if the calendar date prohibits compliance with <br />provisions in Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall <br />immediately call a special election to take place within 90 calendar days of said <br />meeting. The Clerk -Administrator shall include with the published notice of the election, <br />the statement of the grounds for the recall and the answer of the official concerned or a <br />statement stating no answer was received. If a majority of those voting on the recall <br />vote in its favor, it shall become effective immediately upon certification of the election <br />results. If the majority do not vote in favor, the recall has failed. If a vacancy occurs <br />due to recall election, Section 4.05 herein shall apply to fill said vacancy. <br />
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