(a) Within thirty (30) days after the final passage by Council or approval by the Mayor, whichever is later, of an ordinance, resolution, petition, signed by at least that number of electors which equals ten percent (10%) of the electors voting at the last preceding general Municipal election, may be filed with the Clerk of Council, requesting that such ordinance, resolution or other action, whether legislative or administrative in nature, be either repealed or submitted to a vote of the electors. If said petition is signed by that number of electors which equals twenty percent (20%) or more of such electors, the date of the election may be fixed therein, which shall be not less than ninety (90) days from the time of filing thereof. When said petition is filed, the Clerk shall first ascertain the sufficiency of the petition and if found sufficient, the Council shall thereupon, within thirty (30) days of the filing of such petition, reconsider such ordinance, resolution or other action. If, upon such reconsideration, the ordinance, resolution or other action is not repealed, the Council shall submit it to a vote of the electors on the date fixed in the petition or, if no date be so fixed, at the first general election in any year occurring more than ninety (90) days after the filing of such petition. No such ordinance, resolution or other action shall go into effect until approved by a majority of those voting thereon.
Ordinances or resolutions providing for tax levies, appropriations for the current expenses, improvements petitioned for by the owners of a majority of the front footage of the property benefitted and to be specially assessed therefor, appropriation ordinances and resolutions limited to the subject of appropriations and emergency legislation necessary for the immediate preservation of the public peace, health or safety, shall go into immediate effect and shall not be subject to referendum.
Such emergency ordinances and resolutions upon a yea and nay vote must receive the vote of two-thirds of all the members elected to council and the reasons for such necessity shall be set forth in once section of the ordinances or resolution which section shall be passed only upon a yea and nay vote, upon a separate roll call thereon. The laws mentioned in this section shall not be subject to the referendum.
If, when submitted to a vote of the electors, an emergency ordinance, resolution or other action be not approved by a majority of those voting thereon, it shall be considered repealed as regards any action, future or past and any prior action shall be considered void and a nullity, except that thereunder such ordinance, resolution or other action shall be deemed sufficient authority for payment, in accordance with the ordinance, of any costs or expense actually incurred previous to the referendum vote thereon, but not for any in futuro costs or expenses allegedly incurred or obligated with respect thereto.
(b) The reasons for, necessity for, facts supporting the reasons for and/or necessity for and/or the bonafide of any emergency ordinance, resolution or other action of Council shall be subject to Judicial review.
(c) Each contract, consent agreement, compact or other means by which the City of Seven Hills cooperates with, is or becomes a member of any type of, or contributes to the operation in any way, of any other governmental unit, agency or association, including a regional government or agency or group of government units, shall not be terminable by the people if such contract, consent agreement, compact or other means is necessary for the immediate preservation of the public peace, health, welfare or safety.
(d) All ordinances, resolutions, proclamations, motions, and charter provisions inconsistent with this section are hereby repealed.
(e) This section shall be severable and if any sub-section, part, word or application thereof is held invalid for any reason, such holding shall not invalidate or affect the force and effect of any other sub-section, part, work or application thereof.
(Amended 11-5-02)