ARTICLE XI.
DIRECT LEGISLATION
Sec. 11.1. General Power.
The people of Everett, in addition to the method of legislation, otherwise provided in this charter, shall have power to direct legislation by the initiative and the referendum.
Sec. 11.2. Initiative.
The initiative shall be exercised in the following manner:
(a) Petition: A petition signed by qualified electors of the City, accompanied by the proposed legislation or measure in the form of a proposed ordinance and requesting that such ordinance be submitted to a vote of the people if not passed by the Council, shall be filed with the Clerk.
(b) Clerk’s Certificate: With ten (10) days after the filing of such petition the Clerk shall certify the number of votes cast at the last general municipal election and the number of valid signers of such petition, and shall present such certificate, petition and proposed ordinance to the Council.
(c) Action by Council Upon Petition — Fifteen Percent Petition: If such petition be signed by qualified electors in number equal to fifteen percent of the total number of votes cast at last preceding general municipal election, the Council, within ten (10) days after the receipt of the petition, except as otherwise provided in this charter, shall either pass such ordinance without alteration, or submit it to popular vote at a special election which must be held within forty-five (45) days after the date of the ordering of the election; provided, however, that if any other municipal election is to be held within sixty (60) days after the filing of the petition, the proposed ordinance shall be submitted without alteration to be voted upon at such election.
(d) Less than Fifteen Percent Petition: If such petition is signed by qualified electors in number at least equal to five percent and less than fifteen percent of the total number of votes cast at the last preceding general election, and the proposed ordinance is not passed by the Council without alteration before the printing of ballots, including absentee ballots, for the approaching regular municipal election, it shall be submitted to popular vote at such election; provided, however, that such petition must be filed at least forty-five days before the date fixed for such election.
Sec. 11.3. Referendum.
If, prior to the date when any ordinance shall take effect, a petition signed by qualified electors at least equal in number to ten percent of the entire vote cast at the last preceding general municipal election, shall be filed with the Clerk, protesting against the enactment of such ordinance, it shall be suspended from taking effect. Immediately upon the filing of the petition, the Clerk shall do all things required in section 11.2. (b) of this article. The Council shall then immediately reconsider such ordinance; and, if it does not entirely repeal the same, shall submit it to popular vote at the next municipal election; or the Council, in its discretion, may call a special election for that purpose; and such ordinance shall not take effect unless a majority of the qualified electors voting on the ordinance at such election shall vote in favor of the ordinance.
Sec. 11.4. Submission by Council.
The Council, of its own motion, may submit to popular vote for adoption or rejection at any election any proposed ordinance or measure, in the same manner and with the same force and effect as provided in this article for their submission on petition.
Sec. 11.5. Form of Ballots.
The ballots used when voting upon such proposed and referred ordinances or measures shall set forth their nature sufficiently to identify them, and shall set forth on separate lines the words “For the Ordinance” and “Against the Ordinance”.
Sec. 11.6. Publication of Ordinances — Notice of Election.
The Clerk, before the date of election, shall cause to be published every proposed or referred ordinance once each week for two (2) consecutive weeks in the City official newspaper, and shall give such other notices and do such other things relative to such election as are required in general municipal elections.
Sec. 11.7. Adoption of Ordinances.
If a majority of the qualified electors voting on any proposed ordinance or measure shall vote in favor of the ordinance, the ordinance shall then, or at a time fixed in the ordinance, become effective as a law or as a mandatory order to the Council.
Sec. 11.8. Inconsistent Ordinances.
If the provisions of two or more proposed ordinances approved at the same election are inconsistent, the ordinance receiving the highest vote shall prevail.
Sec. 11.9. Repeal or Amendment of Ordinances Passed by the People.
No ordinance which has been passed by the Council upon a petition or adopted by popular vote, under the provisions of this article, shall be repealed or amended by the Council within a period of two years following such enactment: Provided, that such ordinance may be amended within two years after such ordinance by a vote of a majority plus one of the Council. But such ordinance may be amended or repealed at any general or special election by direct vote of the people. (Ord. 2924-06 § 15, 2006)
Sec. 11.10. Number of Elections.
There shall not be held under this article more than one (1) special election in any period of six (6) months.
Sec. 11.11. Regulations by Council.
The Council, by ordinance, may make other and further regulations for carrying out the provisions of this article not inconsistent with this charter.