Loading...
HomeMy WebLinkAboutOrdinance No. 92 ORDINANCE NO. q� AN ORDINANCE PRESCRIBING THE RIGHT OF QUALI- FIED VOTERS OF THE CITY OF FRIENDSWOOD, TEXAS, TO EXERCISE THE POWER OF INITIATIVE AND REFERENDUM IN CERTAIN MATTERS; SETTING FORTH THE PROCEDURE FOR EXERCISING SUCH POWERS; PRESCRIBING PROCEDURES TO BE FOLLOWED BY CITY COUNCIL IN SUCH INSTANCES; SETTING FORTH PROCEDURE FOR CALLING OF ELECTIONS IN INITIATIVE AND REFERENDUM MATTERS WHERE NECESSARY; PRO- VIDING A SEVERABILITY CLAUSE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: SECTION I. GENERAL AUTHORITY. (a) Initiative. The qualified voters of the city shall have power to pro- pose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a citiy elec- tion, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of ta.xes or salaries of city officers or employees. (b) Referendunz. The qualified voters of the city shall have power to require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capi- tal program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. SECTION II. COMMENCEMENT OF PROCEEDINGS; PETITIONERS' COM- MITTEE; AFFIDAVIT. Any five qualified voters may comxnence initiative or referendum pro- ceedings by filing with the city Secretary an affidavit stating they will consti- tute the petitioners' com.mittee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed the Secretary shall issue the appropriate petition blanks to the petitioners' committee. SECTION III. PETITIONS. (a) Number of Signatures. Initiative and referendum petitions must be signed by qualified voters of the city equal in number to at least 15 per cent of the total number of qualified voters registered to vote at the last regular city election. (b) Form and Content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be that of a qualified elector, as his name appears on the current List of Registered Voters, executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of Circulator. Each paper of a petition shall have attach- ed to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for Filing Initiative�Referendum Petitions. Referendum petitions must be filed within thirty days after adoption by the Council of the ordinance sought to be reconsidered. Initiative petitions must be filed with- in thirty days after issuance of the appropriate petition blanks to the petition- ers committee. SECTION IV. PROCEDURE AFTER FILING. (a) Certificate of Clerk; Amendment. Within twenty days after the petition is filed, the city Secretary shall complete a certificate as to its sufficiency, specifying, i£ it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petition- ers' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Secretary within two days after receiving the copy of his certificate and files a supplementary petition upon additional papers within ten days after receiving the cop y of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section III and within five days after it is filed, the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request council re- view under subsection (b) of this section within the time required, the clerk shall promptly present his certificate to the council and the certifi- cate shall then be a final determination as to the sufficiency of the petition. (b) Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of such request and approve or dis- approve it, and the council's determination shall then be a final determina- � and tion as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. SECTION V. REFERENDUM PETITIONS; SUSPENSION OF EFFECT OF OR DINANC E. . ' . ' ' � , , When a referendum petition is filed with the city Secretary, the ordi- ance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition, or (2) The petitioners' committee withdraws the petition, or (3) The council repeals the ordinance, or (4) Upon certification of election results following a vote of the city on the ordinance. SECTION VI. ACTION ON PETITIONS. (a) Action by Council. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided by Texas Statutes for considering ordinances or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 60 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. (b) Submission to Voters. The vote of the city on a proposed or referred ordinance shall be held not less than 30 days and not later than six months from the date of the final council vote thereon. If no regular city election is to be held within the period prescribed in this subsection, the council shall provide for a special election, except that the council may in its discretion provide for a special election at an earlier date with- in the prescribed period, Copies of the proposed or referred ordinance shall be made available at the polls, and shall be posted at the regular posting places for 15 days immediately preceding the election. (c) Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the twentieth day preceding the day scheduled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or �f .ssw.,u+.r.. -^�'°' ., ... Y.. � ' � . . , � • . ' effect and all proceedings thereon shall be terminated. SECTION VII. RESULTS OF ELECTION. (a) Initiative. If a majority of the qualified electors voting on a pro- posed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the sarne manner as ordinances of the same kind adopted by the council. If conflicting ordinances are approved at the same election, the one re- ceiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. SECTION VIII. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, each section, subsection, clause, sentence, phrase or portion shall be deemed separate, distinct and an independent provision and such holding shall not affect the validity of the remaining portion hereof. ADOPTED by the City Council of the City of Friendswood, Texas, on First reading this �_day of , 19� ADOPTED by the City Council of the ity of Friendswood, Texas, on �� Second reading this �day of ,���,,� ' 19� ADOPTED by the City Council of the City of Friendswood, Texas, on t,y Third reading this � day of y��"�'i , 19� ATTEST: APPROVED: i , > a � � � � � �/ �J �'�2%L/ r --a City Secretary Mayo of the City of Friendswood