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The form of such proposed ordinance shall be in proper legal language approved by the Director of Law, or upon request of the persons desiring to propose such ordinance shall be drawn by him in due form and the Director of Law shall render such other services as may be requested by petitioners.
The petition presenting the proposed ordinance shall contain such ordinance in full together with a statement containing not more than two hundred words giving the petitioner's reason why such ordinance should be adopted. Such petition shall be filed with the Director of Law who shall at once note the date of filing the same with him thereon and who shall determine the form, sufficiency and legality of the same. If not found in proper form he shall return the same to petitioners for correction. If of proper form he shall certify the same to the City Council. The Director of Law shall pass upon the petition and return the same to petitioners for correction or certify same to the Council within five days of the filing of the same with him.
The Council shall either pass such proposed ordinance without alteration within thirty (30) days after the sufficiency of the petition has been determined and certified to it; or, within thirty days after such certification the Council shall call a special election, unless a general or regular primary election shall be held within six months thereafter, and at such special, primary, or general election such proposed ordinance shall be submitted without alteration to a vote of the electors of the City.
If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof it shall thereupon become a valid and binding ordinance of the City. If the provisions of two or more ordinances adopted at the same election conflict the ordinance receiving the largest affirmative vote shall prevail. Any number of proposed ordinances may be voted upon at the same election and all such elections shall be held and the result determined in accordance with general law, provided that there shall not be more than one special election for such purpose in any period of one year.
The form of the initiative petition, the circulating thereof and securing of signatures to the same, and the form of the ballot to be used in submitting a proposed ordinance to the electors of the City shall be in accordance with and determined by the general laws governing the initiative in State measures.
THE REFERENDUM
No franchise, ordinance, resolution or measure passed by the City Council, except however, that, whenever the Council is by law required to pass more than one ordinance, resolution or other measure to complete the legislation necessary to make and pay for any public improvement, the provisions of this article shall apply only to the first ordinance, resolution and other measure relative thereto; ordinances or other measures providing for appropriations for the current expenses of the City, or for street improvements petitioned for by the owners of a majority of the feet front of the property benefitted and to be especially assessed for the cost thereof as provided by this Charter; ordinances or resolutions passed for the purpose of borrowing money by refunding bond, note, or certificates of indebtedness; and ordinances such as are provided in Section 73, shall go into effect until thirty days after its passage. If within said thirty days a petition, signed by not less than ten (10) percent of the qualified electors of the City based upon the number of votes cast for Mayor at the last Municipal election, requesting the repeal or submission to a referendum of said ordinance be presented to the Council, the same shall thereupon be suspended from going into operation, and it shall be the duty of the Council to reconsider such ordinance. If upon such reconsideration said ordinance is not repealed the Council may, after the form, sufficiency and legality of the petition shall have been determined and certified by the Director of Law, submit the ordinance to a vote of the electors of the City at a regular or special election which may be called, at the discretion of the Council. If upon reconsideration by the Council such ordinance is lost, or if the Council fails to submit such ordinance to a referendum after the presentation of such petition requesting a referendum the same shall be null and void. If approved by a majority of the electors voting thereon at a referendum election such ordinance shall immediately go into effect.
Ordinances passed as emergency measures or measures necessary for the immediate preservation of the public peace, health or safety shall be subject to referendum in like manner as other ordinances except that they shall go into effect at the time indicated in such ordinances. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority voting thereon, it shall be considered repealed as regards any further action thereunder; but such measure so repealed shall be deemed sufficient authority for payment in accordance with the ordinance, of any expense incurred previous to the referendum vote thereon.
If by proper petition a referendum vote be required upon any ordinance providing for the expenditure of money, a bond issue, or a public improvement, all steps preliminary to such actual expenditure, actual issuance of bonds, or actual execution of contract for such improvement, may be taken prior to such referendum election.
The form of referendum petitions, the circulating thereof and securing of signatures thereto, and the form of the ballot to be used in such referendum election shall be in accordance with and determined by the general laws governing the referendum on acts of the General Assembly of the State.
IMPROVEMENTS AND ASSESSMENTS
The Council shall have power by ordinance or resolution to provide for the construction, reconstruction, repair and maintenance by contract or directly by the employment of labor, of all things in the nature of local improvements, and to provide for the payment of any part of the cost of any such improvement by levying and collecting special assessments upon abutting, adjacent and contiguous or other specially benefitted property. The amount assessed against the property specially benefitted to pay for such local improvements shall not exceed the amount of benefits accruing to such property. Any cost for such improvement in excess of any sum assessed therefor shall be paid by the City.
Special assessments upon property deemed benefitted by a public improvement shall be by any one of the following methods:
(a) By a percentage of the tax value of the property assessed;
(b) In proportion to the benefits which may result from the improvement;
(c) By the foot frontage of the property bounding or abutting upon the improvement.
When it is deemed necessary to make a public improvement to be paid for in whole or in part by special assessment, the Council shall declare the necessity therefor by resolution, and such resolution shall include the method of assessment, the mode of payment, and the number of annual installments. Such resolution shall thereupon be certified to the Director of Finance and Public Record, who shall thereupon proceed to make an assessment report, in accordance with the method of assessment provided in the resolution, which report shall be filed with the Council, and shall show the lots and lands assessed, and the amount of the assessments as to each, and the number of installments not exceeding ten (10), in which such assessment shall be paid.
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