(a) Except as provided in (d) of this Section, a measure may be proposed to the governing body for enactment as follows:
1. Notice of intent to circulate a petition proposing any measure must be signed by five qualified voters and filed with the City Clerk;
2. Concurrently with the filing of the notice of intent, the proposed measure shall be filed with the City Clerk;
3. The number of qualified voters required to sign the petition shall be a number more than 20% of the number of voters who voted at the last regular municipal mayoral election prior to filing the notice of intent;
4. Before any signatures are affixed thereon, the form of such petition must be approved by the City Clerk as provided by law and the date of filing the notice of intent shown thereon;
5. No such petition or any part thereof, may be filed more than sixty days after the date of filing the notice of intent;
6. If the Council fails to act upon a measure so proposed within fourteen days after the City Clerk files a certification with the Council that the petition has been signed by the required number of voters, or the Council acts adversely thereon or substantively amends it an election on the issues must be held at the next general election or regular municipal election.
(b) Subject to state law and Secretary of State rules regarding ballot questions, at such election the ballot shall contain the proposed measure as originally submitted and the measure as amended, if substantively amended by the governing body of the city. If the question was not substantively amended by the governing body, or if the proponents of the measure originally submitted concur with the governing body's substantive amendments, only the measure as amended shall be placed on the ballot. Below any such measure, there shall be printed the words: "For" and "Against" followed by spaces for marking with a cross or a check the word desired.
(c) The measure receiving a majority of the votes cast on that measure in its favor is adopted. If each measure receives a majority of votes cast on that measure in its favor, the measure receiving the greatest number of votes cast in its favor is adopted. If neither measure receives a majority of the votes cast, neither shall be in effect.
(d) The initiative procedure of this Section shall not be available to amend or repeal, directly or indirectly:
1. Any ordinance authorizing bonds or other obligations where such ordinance, bonds or other obligations appropriately have been approved at an election in the city;
2. Any ordinance levying or otherwise relating to special assessments;
3. Any ordinance which imposes, levies, increases or otherwise amends any excise tax pledged to any bonds or other obligations then outstanding;
4. Any ordinance which imposes, levies, increases or otherwise amends rates, tolls, fees and charges for services rendered by any municipal utility or any municipal revenue producing project if bonds or other obligations payable from the designated source are then outstanding; or
5. Any ordinance authorizing or otherwise relating to any city bonds or other obligations then outstanding.
(Amended at Regular Municipal Election, October 6, 2015.)
(Article III amended at Regular Municipal Election, October 3, 1989, as part of Proposition #1.) (Amended by Ordinance No. 2019-019)