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The qualified voters of this city shall have the right, at their option, to propose ordinances, not in conflict with this Charter, the Constitution or the laws of the State of Texas, and to adopt the same at the polls, such power being known as the initiative. A petition, meeting the requirements hereinafter provided and requesting the council to pass an ordinance, therein set forth or designated, shall be termed an initiative petition, and shall be acted upon as hereinafter provided.
Signatures to initiative petitions need not all be on one paper, but the circulator of every such paper shall make an affidavit substantially as follows: That each signature appended to the paper is the genuine signature of the person whose name it purports to be and was made by said person in his presence. With each signature shall be stated the place of residence of the signer, giving the street and number, or other description sufficient to identify the place. Each signature shall be in ink or with indelible pencil. All such papers pertaining to any one measure shall have written or printed thereon the names and addresses of at least five (5) registered voters who shall be officially regarded as filing the petition, and shall constitute a committee of the petitioners for the purposes hereinafter named. All such papers shall be filed in the office of the city secretary as one instrument.
Within twenty-five (25) days after the filing of the petition, the city secretary shall ascertain by examination the number of registered voters whose signatures are appended thereto, and whether this number is at least twenty (20) per cent of the total number of registered voters as shown by the registration books, and he shall attach to said petition his certificate showing the result of said examination. If by the secretary’s certificate, of which notice in writing shall be given to one or more of the persons designated, the petition is shown to be insufficient it may be amended within ten (10) days from the date of said certificate by filing supplementary petition papers with additional signatures. The secretary shall, within twenty-five (25) days after such amendment, make examination of the amended petition, and if his certificate shall show to be insufficient, the secretary shall file the petition in his office and shall notify each member of the committee to that effect. The final finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose; but no new petition covering the same ordinance in substance shall be filed until at least six (6) months have elapsed.
(Ord. 25328-02-2022, § 2, 2-8-2022, approved 5-7-2022)
If the petition shall be found to be sufficient, the secretary shall so certify and submit the proposed measure to the council at its next meeting. Upon receiving the proposed measure the council shall at once proceed to consider it and shall take final action thereon within thirty (30) days from the date it is filed with them.
If the council shall fail to pass the proposed measure, or shall pass it in a form different from that set forth in the petition, then the measure shall, if demanded in writing by the committee, be submitted by the council to the vote of the electors at the next election occurring in the city; provided, that the City Council shall, if in their judgment the public interests demand it, order an election to be held at an earlier date to be fixed by the council.
The ballot used in voting upon an initiated ordinance shall state the caption of the ordinance and below the caption shall set forth on separate lines the words, “For the Ordinance” and “Against the Ordinance.”
Where an initiated ordinance and an alternative ordinance proposed by the council are submitted, the ballot shall state the captions of each ordinance, clearly designating them “Ordinance No. 1" and “Ordinance No. 2,” respectively, and shall set forth below the captions on separate lines the words “For Ordinance No. 1,” “For Ordinance No. 2,”. Where an initiated ordinance and an alternative ordinance are submitted each voter shall vote “For” only one ordinance. Where an initiated ordinance and an alternative ordinance are submitted to the voters, the measure that receives the highest number of favorable votes shall prevail in that election.
(Ord. 22081-02-2016, § 2(IX), 2-2-2016, approved 5-7-2016)
Any number of proposed measures may be voted upon at the same election in accordance with the provisions of this Charter. Initiated ordinances, adopted by the electors, shall be published and may be amended or repealed by the council as in the case of other ordinances; but not until two years after such ordinance or ordinances shall become effective.