CHAPTER 5
Initiative and Referendum
   Section 5.01. GENERAL VOTER AUTHORITY. The voters of the City shall have the right, in accordance with this Charter, to propose ordinances and to require ordinances to be submitted to a vote by processes known respectively as the initiative and referendum.
(Ord. 277, passed 11-17-14)
   Section 5.02. PETITIONS. An initiative or referendum shall be initiated by a petition signed by registered voters of the City equal in number to twenty (20) percent of those who voted in the last regular City election. Each petition shall be sponsored by a committee of five (5) voters whose names and addresses shall appear on the petition. A petition may consist of one (1) or more papers, but each paper circulated separately shall contain at its head or attached to it the statement required by Section 5.05 or 5.06 of this Charter, as the case may be. All who sign shall sign their name and give their street address. Each separate page of the petition shall have appended to it a certificate, verified by oath, that each signature is a genuine signature of the person whose name it purports to be. The person making the certificate shall be a resident of the City. Any person whose name appears on a petition may withdraw their name by a statement in writing filed with the Secretary of the City Council before the Secretary advises the City Council of the sufficiency of the petition.
(Ord. 277, passed 11-17-14)
   Section 5.03. DETERMINATION OF SUFFICIENCY. Immediately upon receipt of the petition, the Secretary of the City Council shall examine the petition as to its sufficiency and report to the City Council within thirty-one (31) calendar days. Upon receiving the report, the City Council shall determine by resolution the sufficiency of the petition.
(Ord. 277, passed 11-17-14)
   Section 5.04. DISPOSITION OF INSUFFICIENT PETITION. If the City Council determines that the petition is insufficient or irregular, the Secretary of the City Council shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the City Council finds that the petition is still insufficient or irregular, the Secretary of the City Council shall file the petition in the office of the City Administrator and notify the sponsoring committee. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose nor shall it prevent the City Council from referring the ordinance to the voters at the next regular or special election at its option.
(Ord. 277, passed 11-17-14)
   Section 5.05. INITIATIVE. Any ordinance that is legislative in character and that does not involve administrative or quasi-judicial acts of the City (which specifically excludes, but is not limited to, an ordinance relating to the budget or capital program, the appropriation of money, the levy of taxes, the salaries of the City officers or employees, or the conveyance or sale of land), may be proposed by a petition which shall state at the head of each page or attached thereto the exact text of the proposed ordinance. If the City Council passes the proposed ordinance with amendments and a majority of the sponsoring committee do not disapprove the amended form by a statement filed with the Secretary of the City Council within ten (10) days of its passage by the City Council, the ordinance need not be submitted to the voters. If the City Council fails to enact the ordinance in an acceptable form within sixty (60) days after the final determination of sufficiency of the petition, the ordinance shall be placed on the ballot at the next election occurring in the City. If no election is to occur within one hundred twenty (120) days after the filing of the petition, the City Council shall call a special election consistent with the requirements of the laws of the State of Minnesota on the ordinance to be held within such period. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty (30) days after adoption unless the ordinance specifies a later effective date.
(Ord. 277, passed 11-17-14)
   Section 5.06. REFERENDUM. Any ordinance subject to an initiative that is legislative in character and that does not involve administrative or quasi-judicial acts of the City may be subjected to referendum by a petition which shall state, at the head of each page or on an attached paper, a description of the ordinance. If the ordinance is not thereafter entirely repealed, it shall be placed on the ballot at the next election or at a special election called for that purpose, as the City Council determines. If a majority of the voters voting thereon favors the ordinance, it shall remain in effect; if a majority of the voters voting thereon vote against the ordinance, it shall be considered repealed upon certification of the election results.
(Ord. 277, passed 11-17-14)