A. In the event that a petition filed with the city clerk does not contain the required number of certified signatures, the city clerk shall inform the person or organization under whose authority the petition was circulated that the petition is defective for lack of certified signatures and specify the number of additional signatures required to make the petition valid. The petition must be perfected within thirty (30) days of the date that the city clerk finds the petition defective for lack of certified signatures. If the petition is not perfected within the thirty (30) day period, the clerk shall declare the petition null and void ab initio in its entirety.
B. In the event that a petition filed with the city clerk is found by the city clerk to contain the required number of certified signatures, the city clerk shall promptly, by certified mail, inform the petitioners and shall also notify the city council at its next meeting that the initiative or referendum petition is in proper form.
1. If the petition is for a referendum, the city council shall have thirty (30) days from the date of certification of the petition to repeal the ordinance being referred to the voters. In the event the council repeals the ordinance, the referendum petition shall be declared null and void.
2. If the petition is an initiative petition, the city council shall have thirty (30) days to pass an ordinance substantially as proposed by the petition. In the event that the council passes such an ordinance, the initiative petition shall be null and void.
3. In the event that the city council neither repeals the ordinance which is the subject of a referendum petition, nor enacts an ordinance which is the subject of an initiative petition, an election shall be ordered by the city clerk to be conducted citywide. A special election for initiative or referendum shall be provided not more than ninety (90) days following the certification of the petition; provided that in the event a municipal election will occur within the ninety (90) days, the initiative or referendum shall be submitted at the time of the municipal election. (Ord. 548, 4-28-2008)