CITY CHARTER - 2023 Website Version American Legal

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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 2000 Ord. 650; 2007 Ord. 790; Amended 2010 Ord. 841; Amended 2023 Ord. 1009.) 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 2007 Ord. 790; Amended 2010 Ord. 841; Amended 2023 Ord. 1009.) 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.) Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be subjected to a 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 voters. The sponsoring committee must file the completed petition in the office of the city administrator at least ten (10) calendar days before the ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall be taken and the adoption of the ordinance shall proceed according to Section 3.05 . If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the Council must immediately adopt a resolution suspending the effective date of the ordinance until it is decided by a vote of the public. The Council must also immediately pass a resolution to place the measure on a ballot as provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained in the petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. If the petition does not meet the requirements of sufficiency under the provisions in Section 5.03 of this chapter and is determined not to be frivolous, the Council must adopt a resolution suspending the effective date of the ordinance for thirty (30) calendar days and the sponsoring committee will have twenty-one (21) calendar days in which to file additional signature papers and/or to correct the specified insufficiency according to Section 5.04 . If the final finding is that the petition is insufficient, the ordinance shall take effect on the date declared by the resolution of suspension. If the corrected petition is declared sufficient according to Section 5.03 , the Council must pass a resolution suspending the effective date of the ordinance until it can be decided by a vote of the public and proceed as previously mentioned in this section. (Amended 2000 Ord. 651; 2007 Ord. 790; Amended 2010 Ord. 841; Amended 2023 Ord. 1009.) Section 5.08. Recall.