(a) INITIATIVE.
The electors of the Municipality shall have power to propose any ordinance or resolution, except an ordinance for the appropriation of money, and to adopt or reject the same at the polls, such power being known as the initiative. An initiated ordinance or resolution shall be submitted to the Clerk of the Council by petition signed by at least that number of electors which equals ten percent (10%) of the electors voting at the last preceding November election. When so submitted, the Clerk shall forthwith determine the sufficiency of the petition, and if found sufficient, the Council shall at once have the proposed ordinance or resolution read and referred to an appropriate committee which may be a committee of the whole. Provision shall be made for public hearings on the proposed ordinance or resolution not later than thirty (30) days after the date on which such ordinance or resolution was submitted to the Clerk. The Council shall, within forty (40) days after such ordinance or resolution is submitted, take final action thereon, either enacting, amending, or rejecting the proposed ordinance or resolution. If the Council fails or refuses to pass such proposed ordinance or resolution or passes it in some form different from that set forth in the petition therefor, the petitioners may require that it be submitted to a vote of the electors either in its original form or in the amended form by filing with the Clerk, within ten (10) days after final action on such ordinance or resolution of Council, a supplemental petition signed by that number of additional registered electors, which when together with those who signed the original petition, will total at least that number which equals twenty percent (20%) of the electors voting at the last preceding November election, and if such supplemental petition is signed by such number of additional registered electors, the date of the election may be fixed therein, not less than forty-five (45) days from the time of filing such supplemental petition. The Council shall thereupon provide for submitting such ordinance or resolution to the vote of the electors at the date so fixed, or at the next general election in any year occurring more than forty-five (45) days from the filing of such supplemental petition, if no date be so fixed therein.
(b) REFERENDUM.
The electors of the Municipality shall have the power to approve or reject at the polls any ordinance or resolution passed by Council except as hereinafter provided.
(1) Whenever the Council of the Municipality is required to pass more than one ordinance or other measure to complete legislation necessary to make and pay for any public improvement only the first ordinance or other measure required to be passed and no subsequent ordinance or measure relating thereto shall be subject to referendum unless subsequent to passage of the initial ordinance or other measure in the course of legislative proceedings necessary to make and pay for said public improvement, Council passes an ordinance or other measure increasing the cost of said improvement to the Municipality, then such ordinance or other measure shall be subject to referendum and no subsequent ordinance or measure relating thereto shall be subject to referendum.
(2) Ordinances or other measures necessary to make and pay for any improvement petitioned by the owners of sixty percent (60%) of the foot frontage of property benefited and for which the entire cost is to be assessed to the benefiting property owners.
(3) Ordinances or other measures providing for appropriations for current expenses of the Municipality.
(4) Ordinances for the payment of bills.
Emergency legislation, except such legislation as referred to above, shall also be subject to referendum except that emergency measures shall go into effect at the time indicated therein. If, when submitted to a vote of the electors, an emergency measure be not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder, but such measure shall be deemed sufficient authority for payment of any expense incurred previous to the referendum vote thereon.
Ordinances submitted to the Council by initiative petition and passed by the Council either with or without change but not submitted to a vote of the electors shall be subject to referendum in the same manner as other ordinances.
When a petition, signed by ten percent (10%) of the number of electors who voted for governor at the next preceding general election for the office of governor in the municipal corporation, is filed with the Clerk of Council within thirty (30) days after any ordinance or other measure is filed with the Mayor, ordering that such ordinance or measure be submitted to the electors of such municipal corporation for their approval or rejection, such Clerk shall, after ten (10) days, and not later than four (4) p.m. of the ninetieth (90) day before the day of election, certify the text of the ordinance or measure to the Board of Election. The Clerk shall retain the petition. The Board shall submit the ordinance or measure to such electors, for their approval or rejection, at the next succeeding general election, occurring subsequent to ninety (90) days after certifying of such petition to the Board of Elections.
(11-7-67)
(c) RECALL.
The electors shall have the power to remove from office by recall election any elective officer of the Municipality. After an elective officer has served for six (6) months of his or her term a petition demanding his or her removal may be filed with the Clerk of Council. Such petition shall comply with the provisions of the succeeding section and shall be signed by at least that number of electors which equals twenty-five percent (25%) of the electors voting at the last preceding November election. However, if the recall election involves a Ward Councilmember, the recall petition shall be signed by at least that number of electors in that ward which number equals twenty-five percent (25%) of the electors in that ward voting in the last preceding November election, and which electors reside in that particular ward. Within ten (10) days after filing such petition, the Clerk shall determine the sufficiency thereof. If the Clerk shall find the petition insufficient, he or she shall promptly certify the particulars in which the petition is defective, and deliver a copy of his or her certificate to the person who filed the petition with him or her, and such person shall be allowed twenty (20) days from the delivery of such copy of certificate in which to make the petition sufficient. If the Clerk shall find the petition sufficient, he or she shall promptly so certify to the Council and to the officer whose removal is sought, and if the officer does not resign within five (5) days thereafter, the Council shall thereupon fix a day for holding a recall election, not less than thirty (30) days nor more than forty (40) days from the date of the Clerk's certificate of sufficiency. At such recall election the question shall be placed on the ballot "Shall (naming the officer) be allowed to continue as (name the office)?" with provision on the ballot for voting affirmatively and negatively on such question. If a majority of the votes cast at such election are voted affirmatively such officer shall remain in office. If a majority of the votes cast are voted negatively such officer shall be considered as removed and such office shall be declared vacant. Such vacancy shall be filled as in this Charter provided. The officer removed by such recall election shall not be eligible for appointment to the vacancy created by such recall election.
(6-3-75; 11-4-97)
(d) PETITION.
An initiative, referendum, or recall petition may be circulated in separate parts, but the separate parts shall be bound together and filed as one instrument. Each part shall contain, in the case of the initiative or referendum, a full and correct copy of the title and text of the proposed or referred ordinance or resolution, and in the case of the recall, the name and office of the person whose removal is sought and a statement in not more than two hundred (200) words of the grounds for the removal.