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CITY CHARTER - 2023 Website Version American Legal
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CITY CHARTER - 2023 Website Version American Legal
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MV City Charter Commission
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• Petitions for initiative and referendum require signatures numbering at least fifteen percent (15%) <br />of the total ballots cast for president in the most recent presidential election. <br /> • Petitions for recall require signatures at least twenty-five percent (25%) of the total ballots cast for <br />president in the most recent presidential election. <br />If all requirements have been met, the city administrator shall report to the Council within ten (10) <br />calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare <br />the sufficiency of the petition by resolution, (Amended 2007 Ord. 790; Amended 2010 Ord. 841; <br />Amended 2023 Ord. 1009.) <br /> Section 5.04. Disposition of Insufficient or Frivolous Petition. If the petition appears to be frivolous, <br />the city administrator shall report to the Council within ten (10) calendars days of receipt of the <br />petition. If the Council determines the petition is frivolous, the Council shall direct the city administrator <br />to the file the petition as frivolous and no further action shall be taken. If the city administrator <br />determines that the petition does not meet the requirements for sufficiency and is not determined to be <br />frivolous, a copy of the petition, together with a written statement of its defects, shall be delivered to <br />the sponsoring committee and to the Council within ten (10) calendar days of receipt of the completed <br />petition. As specified in this Charter, the sponsoring committee shall have twenty-one (21) calendar <br />days to file additional signature papers and/or to correct the specified insufficiency. Within nine (9) <br />calendar days of receipt of the corrected completed petition, the city administrator shall determine <br />whether the petition as corrected meets the requirements for sufficiency and shall proceed as directed <br />in Section 5.03 . If the petition is still insufficient, the Council shall direct the city administrator to file <br />the petition as insufficient and notify the sponsoring committee within ten (10) calendar days that no <br />further action will be taken. The final finding that the petition is insufficient shall not prejudice the filing <br />of a new petition for the same purpose unless otherwise specified within this Charter. Except in the <br />case of a petition for recall, it shall not prevent the Council from referring the subject matter of the <br />petition to the voters at the next regular or special election. (Amended 2007 Ord. 790; Amended 2010 <br />Ord. 841; Amended 2023 Ord. 1009.) <br /> Section 5.05. Ballot Measure Requirements. If a measure meets the requirements to be put on a <br />ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled <br />meeting, the Council shall pass a resolution placing the measure on a ballot. If it is within 120 calendar <br />days of a primary or general election and all of the county election requirements can be met, the <br />measure shall be placed on the ballot at the next regularly scheduled election. If a measure meets the <br />requirements to be put on a ballot but cannot be placed on the ballot at a regularly scheduled election, <br />at or before its next regularly scheduled meeting, the Council shall pass a resolution placing the <br />measure on the ballot and calling for a special election to be held within 120 calendar days of said <br />meeting. However, no special elections can be held between a regular primary election and a regular <br />general election or forty (40) calendar days after a regular general election. If there is no regular <br />primary election then no special election shall be held within sixty (60) calendar days prior to a regular <br />general election. (Amended 2007 Ord. 790; Amended 2023 Ord. 1009.) <br /> Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of the proposed <br />ordinance must be stated at the head of each page of the petition or attached thereto. The petition <br />shall be filed in the city administrator's office prior to circulation and shall be valid for 180 calendar <br />days during which time a completed petition with signatures must be filed. If a petition for initiative is <br />determined to be frivolous, it is prohibited from being repeated within 180 calendar days of the <br />determination. Within sixty (60) calendar days after final determination of the petition’s sufficiency <br />according to Section 5.03 and 5.04 of this Charter, the Council must either adopt an ordinance <br />according to Subdivisions 1 or 2 or pass a resolution to place the measure on a ballot as provided in <br />Subdivision 3. Any amendment to the proposed ordinance must proceed according to Subdivision 2 of <br />this section. If an ordinance is adopted, it shall become effective thirty (30) calendar days after <br />publication unless the ordinance specifies a later effective date. If the vote for adoption fails, the <br />ordinance must be placed on the ballot as provided in Section 5.05 . If a ballot measure for a proposed <br />ordinance fails the same measure is prohibited from being brought forward again as an initiative within
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