(a) Action by Council on Initiative and Referendum. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance by voting its repeal. If the Council fails to adopt a proposed initiative measure without any change in substance within sixty (60) days or fails to repeal the referred measure within thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred measure to the electors of the City.
(b) Recall Notification. At such time as a recall petition or supplemental petition shall be certified by the Clerk of Council to be sufficient, he shall at once submit the same with his certificate to the Council and shall notify by registered mail the officer sought to be recalled by such action. If the official whose removal is sought does not resign within five (5) days after such notice, the Council at its next regular meeting following the expiration of such five (5) day period, or at a special meeting called for such purpose, shall order and fix a day for holding a recall election.
(c) Submission to Electors. The election on a proposed or referred ordinance shall be fixed by Council and shall be held not less than sixty (60) days and not later than six (6) months from the date of the final Council vote on the measure fixing the date of the election.
Copies of the proposed or referred ordinance shall be made available at the polls. A recall election shall be held not less than forty (40) days nor later than fifty (50) days after the date on which Council fixes the date of the recall election.
Such election shall be held on the first Tuesday after the first Monday in May or November of any year if such date falls within the period prescribed fur such election. If such date does not fall within the prescribed period or if Council in its discretion determines that such election should be held at an earlier date within the prescribed period, Council shall provide for a special election to be held on some other date. The election authorities shall publish notice and make all arrangements for holding such elections, which shall be conducted and the results thereof returned and declared in all respects as are the results of regular municipal elections.
A recall election shall be submitted to the voters of the entire City if such officer to be recalled was elected by the voters of the entire City, and such recall election shall be submitted to the voters of a single ward if the officer to be recalled was elected by the voters of a single ward.
(d) Withdrawal of Petitions. An initiative or referendum or recall petition may be withdrawn at any time prior to the fifteenth (15th) day preceding the day of the election by filing with the Clerk of Council a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.
(Enacted 11-3-70)