ARTICLE XI.
INITIATIVE, REFERENDUM AND RECALL

Section 11-1 Initiative and Referendum: Authorized – Exceptions

The qualified voters of the city, by the initiative, may propose and enact any ordinance which the council has power to enact under this charter except as otherwise provided in this section. The qualified voters of the city, by the referendum, may approve or reject any ordinance passed by the council except as otherwise provided in this section.

Ordinances dedicating revenues, ordinances making, repealing, transferring, or otherwise changing appropriations, ordinances creating courts, defining the jurisdiction of courts or prescribing their rules, and special ordinances, shall not be subject to either the initiative or the referendum. Ordinances granting, extending or renewing franchises for public utilities shall not be subject to the initiative. Ordinances necessary for the immediate preservation of the public peace, health or safety (herein called emergency ordinances), shall not be subject to the referendum.

Section 11-2 Petitions

An initiative petition or a referendum petition shall contain a copy or summary of the ordinance initiated or sought to be referred; provided that, if a summary only is included in an initiative petition, at least three copies of the proposed ordinance shall be filed in the city clerk’s office and shall be open to public inspection. A copy of the petition shall be filed with the city clerk before copies are circulated for signatures. The petition shall then be signed by a number of qualified voters of the city equal at least to twenty-five percent of the total votes cast at the immediately preceding regular city election. An initiative petition with sufficient signatures must be filed within one month after the copy was originally filed as hereinabove provided. A referendum petition with sufficient signatures must be filed within one month after passage and publication of the ordinance sought to be referred. When a referendum petition with signatures is thus filed, the ordinance sought to be referred shall not go into effect until the petition is finally found to be illegal and/or insufficient, or, in case the petition is found to be legal and sufficient, until the voters approve the ordinance as provided below in this article. Each copy of an initiative or a referendum petition filed must bear an affidavit signed by the qualified voter who circulated the copy stating that each of the signers who signed the copy signed it in his presence, that he believes that each has stated his name and address correctly, and that he believes each signer is a qualified voter of the city. Within one month after the petition is filed, the city clerk, with such assistance from the city attorney as he deems necessary, shall ascertain whether the petition is legal and has sufficient signatures, and shall certify his finding. His finding shall be subject to judicial review.

Section 11-3 Ballot Title and Proposition – Submission

If an initiative or a referendum petition is found to be legal and to have sufficient signatures, the city clerk, with such assistance from the city attorney as he deems necessary, shall prepare the ballot title and proposition for the ordinance. The city clerk shall place the question on the ballot for the next regular or special city election held not less than two months after final determination of the legality and sufficiency of the petition. The council by resolution or ordinance may call, or authorize the mayor by proclamation to call, a special election for the purpose. If, in the case of an initiative petition, the council, at least one month before the election, enacts an ordinance substantially the same as the one in the petition, the petition shall be void.

Section 11-4 Vote Required – Effect

If a majority of the votes cast on the proposition favor the enactment of an initiated ordinance, it shall be enacted; provided that, if the proposition is submitted at a special election, the number of votes cast at the election must be at least 50% of the number of the votes cast at the last regular municipal election. If at least as many votes are cast for the approval of a referred ordinance as are cast against it, it shall be approved and go into effect; otherwise it shall be rejected. The council may not, within two years after the election, repeal an initiated ordinance which has been enacted, but may at any time pass a non-emergency ordinance amending it by the same vote required for the passage of an emergency ordinance. If two or more initiated or referred ordinances which have conflicting provisions are enacted or approved at the same election, the one receiving the largest affirmative vote shall prevail.

Section 11-5 Charter Provisions Self-Executing – Further Regulation by Ordinance

The provisions of this charter relating to the initiative and referendum shall be self-executing, but the council by ordinance may further regulate the procedures for the initiative and referendum.

Section 11-6 Recall

All incumbents of elective offices of the city, including persons chosen to fill vacancies in such offices, shall be subject to recall from office by the qualified voters of the city. Procedures and grounds for recall shall be such as may be prescribed by law. The council by ordinance may further regulate the recall insofar as such regulation is not in conflict with the state constitution or law.