SECTION 22 CONSIDERATION OF REFERRED ORDINANCE BY COMMISSION –REFERENDUM ELECTION.

   If a referendum petition, or amended petition be found sufficient by the city clerk, he shall certify that fact to the commission at its next regular meeting and the ordinance or part thereof specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until approved by the electors as hereinafter provided. Upon receipt of the clerk’s certificate the commission shall proceed to reconsider the ordinance, or part thereof, and its final vote upon such reconsideration shall be upon the question “Shall the ordinance (or part of the ordinance) set forth in the referendum petition be repealed?” If upon such reconsideration, the ordinance, or part thereof, be not repealed it shall be submitted to the electors at the next municipal election held not less than thirty days after such final vote by the commission. The commission by an affirmative vote of not less than seventy-five percent of the commission members may submit the ordinance, or part thereof, to the electors at a special election to be held not sooner than the time aforesaid. If when submitted to the electors any ordinance or part thereof, be not approved by a majority of those voting thereon it shall be deemed repealed.

(Adopted by electorate, November 6, 1979 – Amending Ordinance No. 44-79)

SECTION 23 FORM OF BALLOT FOR INITIATED AND REFERRED ORDINANCES.

   Ordinances, or parts thereof, submitted to vote of the electors in accordance with the initiative and referendum provisions of this charter shall be submitted by ballot title which shall be prepared in all cases by the director of law. The ballot title may be distinct from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance, or part thereof. The ballot used in voting upon any ordinance, or part thereof, shall have below the ballot title the following propositions, one above the other, in the order indicated: “For the ordinance” and “Against the ordinance”. Immediately at the left of each proposition there shall be a square in which by making a cross mark (X), or other methods established by law, the elector may vote for or against the ordinance or part thereof. Any number of ordinances, or parts thereof, may be voted on at the same election and may be submitted on the same ballot, but the ballot used for voting thereon shall be for that purpose only.

(Adopted by electorate, November 6, 1979 – Amending Ordinance No. 49-79)

SECTION 24 PRELIMINARY ACTION UNDER REFERRED ORDINANCE.

   In case a petition is filed requiring that an ordinance passed by the commission involving the expenditure of money, a bond issue, or public improvement be submitted to a vote of the electors, all steps preliminary to such actual expenditure, actual issuance of bonds, or actual execution of the contract for such improvement, may be taken prior to the election.

SECTION 25 REFERENDUM ON EMERGENCY ORDINANCES.

   Any emergency ordinance or other ordinance which, in accordance with the provisions of Section 12 of this charter, shall have gone into effect prior to the filing of a referendum petition thereon shall be subject to referendum as in the case of other ordinances, and further action thereunder shall be suspended from the date of the city clerk’s certification to the commission that a sufficient referendum petition has been filed. If, when submitted to a vote of the electors, any such ordinance is not approved by a majority of those voting thereon it shall be considered repealed and all rights and privileges conferred by it shall be null and void, but any such ordinance so repealed shall be deemed sufficient authority for any payments made or expense incurred in accordance therewith prior to the date of the clerk’s certification to the commission that a sufficient referendum petition has been filed. Such certification includes the Board of Elections having verified the signatures.

(Adopted by electorate, November 3, 2009 – Amending Ord. No. 11-09)

SECTION 26 CONFLICT OF REFERRED MEASURES.

   If two or more ordinances adopted or approved at the same election conflict in respect of any of their provisions, they shall go into effect in respect of such of their provisions as are not in conflict and the one receiving the highest affirmative vote shall prevail in so far as their provisions conflict.