| ARTICLE VI. INITIATIVE Sec. 1. Power to initiate ordinances. The voters shall have power to propose any ordinances, except an appropriation ordinance or an ordinance making a tax levy, and to adopt or reject the same at any polls, such power being known as the initiative. Any initiated ordinance may be submitted to the commission by petition signed by voters of the city equal in number to at least ten percent of those who voted at the last regular municipal election, provided, however, that the petition must bear the signatures of at least one hundred voters of the city. All petition papers circulated with respect to an initiated resolution or ordinance shall be uniform in character and shall contain the proposed resolution or ordinance in full. Sec. 2. Consideration of initiated ordinance by commission. If an initiated petition, or amended petition as defined in Article VIII, Section 3, be found sufficient by the city secretary, the city secretary shall immediately so certify and promptly submit the ordinance therein set forth to the commission, which shall at once read the proposed ordinance and refer it to an appropriate committee, which may be a committee of the whole. Provisions shall be made for a public hearing upon the proposed ordinance before the committee to which it is referred and notice of such hearing shall be published in the official newspaper one time at least five days before the date fixed for the hearing. Thereafter the committee shall report the ordinance to the commission, with its recommendations thereon, not later than sixty days after the date on which such ordinance was submitted to the commission by the city secretary. Upon receiving the ordinance from the committee, the commission shall proceed at once to consider it and to take final action thereon within thirty days from the date of such committee report. Sec. 3. Submission of initiated ordinances to voters. If the commission fails to pass an ordinance proposed by the initiative petition, or pass it in a form different from that set forth in the petition therefor, the committee of the petitioners hereinafter provided for may, by an additional petition signed by voters, in no case less than fifty in number and equal to at least five percent of the number who voted at the last regular municipal election, who did not sign the petition by which the ordinance was originally proposed to the commission, require that it be submitted to a vote of the voters either in its original form or with any change or amendment which was presented in writing during the consideration thereof by the commission or its committee. If the committee of petitioners require the submission of a proposed ordinance to a vote of the voters they shall certify that fact to the city secretary and file in the city secretary's office a certified copy of the measure, in the form in which it is to be submitted, together with the additional petition as provided in this section, within ten days after final action on such ordinance by the commission. Sec. 4. Election on initiated ordinance. Upon receipt of the certified copy of a proposed ordinance and the additional petition presented in accordance with the foregoing section from the committee of the petitioners, the city secretary shall, if the city secretary finds the additional petition sufficient, certify that fact to the commission at its next regular meeting. When an initiative petition has been finally determined sufficient, the city commission shall promptly consider the proposed initiative ordinance in the manner prescribed for enacting ordinances. The city commission shall either adopt the ordinance proposed within thirty (30) days thereafter, or it shall submit such proposed ordinance to the voters at the next election date authorized under state law. If when submitted to the voters, a majority of those voting on a proposed ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the municipality. Sec. 5. Initiated ordinance passed by the commission in amended form. When an ordinance proposed by initiative petition is passed by the commission in a changed or amended form, and the committee of the petitioners require that such proposed ordinance be submitted to a vote of the voters as provided in Article VI, Section 3, hereof, the ordinance as passed by the commission shall not take effect until after such vote and, if the proposed ordinance so submitted be approved by a majority of the voters voting thereon, the ordinance as passed by the commission shall be deemed repealed. Sec. 6. Initiated repealing ordinances. Proposed ordinances for repealing any existing ordinance or ordinances, in whole or in part, may be submitted to the commission as provided in the preceding sections for initiating ordinances. Initiated ordinances adopted by the voters shall be published, and may be amended or repealed by the commission, as in the case of other ordinances, but in no case shall they be repealed until twelve (12) months have expired after the adoption of the ordinance. |
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