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HomeMy WebLinkAbout1995-07-24 95-338 ORDERCOUNCIL ACTION Gate: July 24, 1995 Item No. 95-338 Item/Subject: Order, Proposing an Amendment to Article III of the Reagor City Charter (INITIATIVE AND REFERENDUM) Responsible Department: Legal Commentary: The attached Charter Amendment would replace Article III of the City Charter which outlines our initiative and referendum procedures. A number of years ago, state law superseded this section of our charter and set forth a new procedure where initiative and referendum processes are adopted by Council Ordinance which then moat be approved by the voters. The City subsequently went forward and adopted an ordinance which was approved by the voters. As things currently stand, the language in our City Charter conflicts with the requirements of the'ordinance which was adopted by the voters and which is controlling. The City Solicitor has requested that the Council consider placing a charter amendment on the ballot to eliminate the language in Article III whichisno longer in effect. The presence of charter language and a separate ordinance, both dealing with the same subject, often results in confusion on the part of membera of the public who are interested in what our initiative or referendum procedures are. By eliminating this confusion, our citizens will know that the ordinance does control the process and seta forth the requirements for initiatives and referendums. R' 9 nava vsrFmr r, Manager's Comments: This change has been recommended by the Council's Charter Comeittee. Please note that this item appears on the agenda for purposes of scheduling a public hearing. I would recommend that the hearing be set for the August ], 1995, meeting. Associated Informatiom0 AAVk PTMAm(y OTR Fr'1'DR Legal Approval: r Introduced For _ Passage _ First Reading page oP_ _ Referral 95-338 Auiged to Com moo, Tyles July 24, 1995 CITY OF BANGOR A (TITLE.)(TITLE.)VIp Proposing an Amendment to Arti le III of the _.___ ............. _._ Bangoorr City o Charter (INITIATIVE AND REFERENDUM). By Be MY CommN of W C ty ofBenow.- ORDERED, THAT ENEMAS, Article III of the Bangor City Charter currently nate forth detailed procedures to be followed in regard to Initiatives and referenda; and WHEREAS, this section of the Charter has been superseded by state law which provides for different procedures and requirements for such actions{ and WBEREAS, pursuant to State law, the City Council has adopted add the public Me approved in a general election an ordinance establishing initiative and referenda procedures which differ from those currently in our charter; and WHEREAS, the existence in our Charter of initiative and referenda procedures and requirements which are no longer in effect can and often does lead to confusion on the part of citizens interested In such procedures; and WHEREAS, it is in the interest of the citizens of Bangor that such confusion be eliminated and that the City's Charter be brought into conformity with state law and the approved Ordinance on initiatives and referenda; NOW, THEREFORE, By THE CITY COUNCIL OF THE CITY OF BANGOR, BE IT ORDERED THAT: the following amendment to Article III of the Bangor City Charter be placed on the ballot of the next regular municipal election to be held on November Y, 1995, for approval by the qualified voters of the City of Bangor in accordance with title 30-A, M.R.S.A. Sections 2109(1) and 2105. Article III of the BeapOr City Charter (INITIATIVE AND REFERENDUM) is hereby repealed in its entirety and replaced with the following: ARTICLE III 95-338 INITIATIVE ARD REFEREMDUM Sec. 1 power of City Council. No legislative ordinance, order or resolve passed by the City Council shall take effect until 10 days after its passage except that the City Council may, by a two-thirds yea and nay vote of its members, pass emergency ordinances, orders or resolves to take effect at the time indicated therein, but such emergency ordinances, orders o wolves shall contain a section in which the emergency is set forth and defined. An emergency shall include only such measures s may be determined by the City Council to be immediately necessary for the preaervatfon of the public peace, health or safety. Sec. 2 How Invoked. The submission to the vote of the people of any proposed legislative ordinance, order or resolve, or of any legislative ordinance, order or resolve enacted by the City Council, which has not yet taken effect, may be accomplished by presenting a petition therefor to the City Council. The form of such petitions, the number of signatures required thereon, the procedure for circulating and presenting such petitions and the manner of voting thereon, shall be prescribed by the City Council by ordinance. All ordinances adopted by the City Council for this purpose shall comply with Article 4, part 3, Section 21 of the Maine Constitution; Title 21-A, M.R.S.A Section 903-A; and Title 30A, MRSA Sections 2104, 2504 and 2528(5), as hereafter amended; and with all other applicable provisions of law. No such ordinance or amendment thereto shall take effect unless ratified by the voters of the City of Bangor at the regular or special election next following adoption of such ordinance o ordinance amendment by the City Council. The right of initiative or referendum provided herein shall not apply to ordinances, orders or resolves providing for the appropriation of money, the municipal budget, the levy of taxes, or the wages or hours of City Employees. Sec. 3 Effect o£ refernndcm petition Whenever there has been originated as aforeeatd a petitton for the reference to the people of any such ordinance, resolve or order passed by the City Council, and the required number of valid signatures Me been obtained thereon for its presentation to the City Council, the same shall be suspended from going into operation until it has been Submitted to a vote of the people and has received the affirmative vote of a majority of the voters voting on said question. Sec. 4 Result of election. If a majority of the voters voting on a proposed ordinance, order or resolve or a referred ordinance, order or resolve, shall vote in favor thereof, such ordinance, order or resolve shall take effect 5 days after the declaration of the official canvass of the return of said election. So5 Effept of enactment, No ordinance, order or resolve proposed by petition and adopted by vote of the electors shall be subject to amendment or repeal by the City Council for a period of 3 years from the date of enactment without ratification by the voters. 95-338 Sec. 6 T+•=�rngulaticns. The City Council shall, by ordinance, make such further regulations as shall be necessary to carry out the provisions of this Article. AND BE IT FURTHER ORDERED, THAT: pursuant to 30-A, M.R.S.A. Sections 2109(6) and 2105(2), the form of the question to be submitted to the voters shall be as follows: QUESTIOH (CITY CHARTER AMeNDMEHT) "Shall the proposed City Charter Amendment summarized below be approved and adopted by the City of Bangor?" "Seams : Article III of the Bangor City Charter (INITIATIVE AND REFERENDUM) Me been superseded by Provisions of State Law. In accordance with State Law, an ordinance setting forth procedures for initiative and referanda Me been adopted by the City Council and approved by the voters. This amendment will eliminate those provisions of Article III which are no longer legally in effect." The City Clerk is hereby directed to take all necessary action consistent with this Order.