CHAPTER VII INITIATIVE AND REFERENDUM

(a) Any proposed ordinance, except an ordinance pertaining to the City budget, appropriation of funds, levy of taxes, salaries and tenure of city officials or employees, zoning or rezoning of property and acquisition or disposition of municipal properties, may be submitted to the Council by petition signed by registered electors of the City equal in number to the percentage hereinafter required.

(b) An initiative petition accompanying the proposed ordinance signed by registered electors of the City equal in number to 15 percent of the total voters who cast ballots in the last general municipal election, shall be filed with the City Clerk at least sixty days prior to any general or special municipal election, and shall contain a request that said proposed ordinance be submitted to a vote of the people if not passed by the Council. The Council shall within thirty days after the attachment of the Clerk's certificate of sufficiency to the accompanying petition either (a) pass said ordinance without alteration, or (b) call a special election, unless a general municipal election is fixed within ninety days thereafter, and at such special or general municipal election, said proposed ordinance shall be submitted without alteration to the vote of the registered electors of the City.

(c) An initiated ordinance shall be published in like manner as other proposed ordinances. The ballot upon which such proposed ordinance is submitted shall state briefly the nature and it shall contain the words “FOR THE ORDINANCE” and “AGAINST THE ORDINANCE.” If a majority of the registered electors voting thereon shall vote in favor thereof, the same shall thereupon without further publication become an ordinance of the City.

(a) The referendum shall apply to all ordinances passed by the Council, except ordinances related to or levying municipal taxes, city budget, appropriation of funds, calling a special election, authorizing the issuance of local improvement district bonds payable primarily from special assessments, levying special assessments, emergency ordinances, ordinances to meet contractual obligations of the City, salaries and tenure of City officials or employees, acquisition or disposition of municipal properties.

(b) If, at any time within thirty days after the final passage of an ordinance to which the referendum is applicable, a petition signed by registered electors equal in amount to at least ten percent of the total voters who cast ballots in the last general municipal election be presented to the Council protesting against the going into effect of any ordinance, the same shall thereupon be suspended and the Council shall reconsider such ordinance; and if the same be not entirely repealed shall submit the same to a vote of the registered electors of the City in a manner as provided in respect to the initiative at the next regular municipal election, or at a special election called therefor. If a majority of the registered electors vote in favor of such ordinance, it shall go into effect without further publication.

(c) The Council, on its own motion, shall have the power to submit at a general or special election any proposed ordinance or question to a vote of the people in a manner as in this Charter provided.

(d) If provisions of two or more proposed ordinances adopted or approved at the same election conflict, the ordinance receiving the highest affirmative vote shall become effective.

Within ten days from the filing of any initiative or referendum petition, the City Clerk shall ascertain whether the petition is signed by the requisite number of registered electors, and if sufficient shall attach thereto a certificate of sufficiency showing the result of such examination. If the petition is insufficient, the Clerk shall forthwith in writing notify one or more of the persons designated as filing the same on the petition. The petition may then be amended within ten days from the filing of the certificate. The City Clerk, within five working days after such amendment, shall make the examination of the amended petition and attach thereto a certificate of the result. If still insufficient, the Clerk shall

return the petition to one of the persons designated thereon as filing it, without prejudice to the filing of a new petition for the same purposes, but such petition shall not be refiled within one year after return by the Clerk.

An ordinance adopted by the electorate may not be amended or repealed for a period of six months after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be re-enacted for a period of six (6) months after the date of the election at which it was repealed provided however, that ordinances may be adopted, amended or repealed at any time by appropriate referendum or initiatory procedure in accordance with the foregoing provisions of this Charter, or if submitted to the electorate by the Council on its own motion.