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HomeMy WebLinkAbout1989-09-25 89-385 ORDINANCEDate 9-25-890„ Item No. 89-385 Item/Subjoin ORDER Amending Chapter Io£ the Ordinances of the City of Bangor - Initiative and Referendum Procedure Responsible Department: Legal - Commentary: prpm:arxasa j MaJgyeyrr's CComments:.7e W-I ;��^"' '-13 D�l�r✓�O-�iI�MK'vl`YA✓ .W Cen 'I�aunJ Associated Information: 0,A., 0 , owup a"N Tq;; Budget Approval: Ordinance FdmeeD f" - Legal Approval: cnyswmmr Introduced For ; sstge Fired Beadingqq Page_of_. ❑Referral tGrob Ote.yvx7 CORRECTED VERSION OF CORMCIL ACTION RECORDED ON BACK Aui�ed ta Co:mAor CITY OF BANGOR (TITLE.) VDXeutw.W0, ___.Amending Chapter 12f the otdinannaa of the City of Bangor -- Initiative and Referendum Procedure Beit ordained by the Ct Couaal of the City of Bangor, as fWowa: THAT pursuant to the authority deiegated to One City Cantil by virtue of Article 4, Part 3, 5 21, State of Maine ConstititlOn, be it ordainad that the provisions of Chapter I, Orainances of the City of Bandar, he smended by the addition Of a new Article 10 as follows: ARTICLE 10 - INITIATIVE AND HEFEWNCUM Sec. 1 Petition for referendun or initiative. On the written petition of a Cancer of voters equal to at least 2UR of the number of votes cast n the City of Bangor at the last gubernatorial election, any proposed ordinance, order or resolve dealing with legislative. matters onicipal affairs, of any such ordinance, order r resolve enacted by the City Council and whiCh has not yet gone into effect, may he suhaittea to the voters in the manner hereinafter provided. Sec. 2 Petition peoxvxli e. Any IU r gistered voters of the .. City of Bangor may file with the City Clerk an affidavit stating: (1) That the 10 -registered voters will cats_ticute the petitioners cmnittee; (2) The names aM addresses of the 10 registered voters; (3) The address to which all notices to the crnnittee are to he sent; and (4) Me 10 igisterwJ voters will circulate the petition ana file it in proper form. My other registered voter who is not a mmiber of the Crnmittee may also circulate ted petition. Prorpty after this atfidavit is filed, the Clerk shall issue petition blanks to the Cannittee and any other registered voter who wishes to circulate it. •CORRECTION TO ACTION 10/06/97 ,11n City Council September 25. 1989 - QNNjNABCE Referred to Cover nmental Operations.. /e/ Russell S McKenna ( TIT(E,) CITY CLERK *IN CITY COUNCIL August 13, 1990 ached. Check -list attached. The followingamendments were made to Document 03 Ser. I - Amended in the 4th line by .. Aee,6aed to deleting "of at least 500 voters of the ' City of Bangor" and adding "of a number of voters equal to at least 202 of the CboMitmu umber of votes cast in the City of Bangor at the last gubernatorial election^'. Amended in Cee. 4 In the first live by deleting "30 days" and adding "20 calendar days thereafter". Amended in Sec. 4 (4.1) 1n the third line by deleting "at least 500 signatures" and adding "equal to the number of signatures required under Sec. t of this Ordinance". Amended In Sec. 12 in the fourth live by deleting "5 years" and adding "3 years"! Vote to Amend by Substitution passed by the following yes and novotes: Councilors voting yes: Cohen, England, SaWyet. Soenaud, Stone and Sullivan. Councilors voting no: Baldacci and Saxl. Councilor Blanchette absent. Motion by Jane Sat "I move that Council Ordinance No. 89-385 as amended by adapted, subject to ratification by the voters at the next regular Municipal election to be held 1n November, 1990". Vote for Passage as Amended by Substitution Passed by the following yes and no votes. Councilors voting yes: Cohen, England, Sawyer, Stone and Sullivan. Councilors voting no; Baldacci, Bawl and Sosnaua. Councilor Blanchette absent. /s/ Russell J. MCRenna _2_ Sec. 3 Petition forms. The City Clerk stall prepare the petition forms at the City's expense. The petition fours shall be printed on paper of uniform size and ray consist of as many individual sheets as are reasonably necessary. (1) The petition forms shall carry the following Legend in hold lettering at the top of each form on the face thereof: MITION TO THE A4NCAR CITY COUNCIL For the submission to the People Of the Question Shall the ordinance, order or resolve, a wiry of which is hereunto attached be adopted? Each signature to a petition mat he in ink or other indelible inatrutent and must be followed by the Place of residence of the voter with street and hunter, if any. No petition shall contain any party or political designation. The Clerk shall rote the date of each petition form issued and all petitions, unless sooner filed, stall bscrre null and void for every purpose on the day after the date Of issue. Each petition form shall have printed on its back an affidavit to be executed by the circulator, stating that he or she personally circulated the paper, the number of signatures thereon, that all tlu signatures were affixed in his or her presence, that he or she helieves than to be genuine signawres of the persons whose names they purport to ba, and that each signor has signed no ante than ane petition, and that each signor hal an Opportunity before signing to read the petition. The petition form shall he asseraled as one inatrument and filed at one time with the Clerk. The Clark shall rote thereon the date of filing. (2) The City Clerk shall note the date of each petition form issued. All petitions met be filed within 120 days of the date of issue or they are void. (3) Each petition form shall have printed on its back an affidavit to he executed by the circulator, Stating: (a) that the circulator personally circulated the fors; (b) the number of signatures on the £omu (o) that all the signatures were signed in the circulator's presence; -3 - (dl that the circulator believes then to he genuine signatures of the persons whose names they purport to be; (a) that each signer has signed no Wore than one petition; and (f) that each signer hug an opportunity to read the petition before sighing. (4) The petition fours shall be assembled as one instrument and filed at are ties with the Clerk. The Clerk shall rote the data of filing m tae forms. Sec. 4 Procedure after filirm. Within 20 days after the petition is filed, the Clerk Shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars Mich render it defective. The Clerk shall promptly send a spy of the certificate to the Petitio ars' Committee by nail, and shall file a ceP with the City Council. 4.1 A petition certified insufficient for lack of the required number of valid signatures may M amended whce, if the Petitioners' Committee files a notice of intention to amend it with the Clerk within 2 days after receiving to copy of the Clerk's certificate. Within 10 days after this notice of intention is filed, the C®nittee may file a supylenentary petition to correct the deficiencies in to ceiginal. Such supplementary Petition, n form and content, must Coyly with the requirements for an original petition under Seo. 2. 4.2 Within 5 days after a supplementary petition is filed, the Clerk shall ccuplete and file a certificate as to its sufficiency in the manner provided for in an original petition. 4.3 when an original or supplementary petition has been certified insufficient, the Committee, within 2 days after receiving the ropy of the Clerk's certificate, may file a request with tle City Council for review. 4.4 The City Council shall inspect the petitions in substantially the same form, manner, ani tons as a recount hearing under 30-A M.R.S.A. 4 2531, and shall nuke dun certificate of that inspection. The City Council shall file a copy of that certificate with the City Clerk and sail a ocp to the Committee. The certificate of the City Council 1s a final determination of the sufficiency of the petitions. -4- 4.5 Any petition finally determined to be insufficient is void. The Clerk shall stanp the petition void and seal and retain it in the zanier required for secret ballots. Sec. 5 Action on petition. The following procedure shall be followed upon receipt of a petition certified to he sufficient 5.1 W1UUin 10 days of receipt of a report that a petition is sufficient, the City Council ahall by order provide for a public hearing on the question proposed in the petition. Notice of tue hearirj shall be published in a newspaper haviM general relation in tic City of Bangor at least 7 days prior to the hearing, are shall contain the text of the item and a brief explanation thereof. The hearing shall be conducted by the City Council. 5.2 Within 7 days after the public hearing, the City Council shall file with the vunicipal clerk a report containing the proposed question and a written opinion by an attorney almitted to tie Bar of this State as to whether the proposal contains any pro- vision prohibited by the general laws, the United States Constitution, or the Constitution of Maine. 5.3 In all petitions filed Core than 12U days before the end of the current municipal year, the City Council stall order tine proposed question to be suhmittei to the voters at the next regular or special municipal election held within tFat year after the final report is filed. if no such election will re held before the end of the current municipal year, the City Council shall order a special election to be held before Use and of the current municipal year for the purpose of voting on the proposed question. Sec. 6 Submission to voters. The method of voting at municipal elections under this Ordinance shall on in the surae manner otherwise prescribed for aunicipal elections by law. The ballots used when voting on such proposed ordinance, order or resolve sball set forth the title thereof in full are state its general nature, ani shall Contain the words "POR THE CEDIMANCE, ORDER OR REEJLVE" and "AGAINST THE ORDINANCE, ORDER OR RESOLVE." b.l Voter infomation. A ropy of the petition for any proposed ordinance, order or resolve suMdtted pursuant to this ordinance shall be posted in the City Clerk's office at least 2 weeks prior to the data of the election. 6.2 election requirements. No action pursuant W this Ordinance shall be effective unless the total nwiber of votes cast for and against the < esticn equals or exceeds 308 of the total votes cast in the City of Bangor at the next previous gubernatorial election. If a majority of the qualified voters voting m said prupwed initiative ordinance, order or resolve or resolve or said referred ordinance, order or shell 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. Sec. 7 Publication. Manever any ordinance, order or resolve s required by the provisions of this Article to be s tted to the voters of the City at any electim, the City Council must order one piblication of the Meta text thereof to W made in a newspaper of general circulation in the City of Bogor, such publication to W made not less than 10 days, nor once than 15 days prior to the election. Sec. 8 Conflictim ordinances, orders or resolves. P y nester of proposed or referred ordinances, orders or resolves may he voted upon at toe sans election. In the event that two or more ordinances, orders or resolves adopted at the sate election shall contain conflicting provisions, the ordinance, order or resolve receivLng the highest mender of votes at such election shall W paraocunt, an%J all question of construction shall be detern no accordingly. Sec. 9 Order on the ballot. In the event that two or sees, eminences, orders or resolves are su itted at the sate election, they shall be placed upon the ballot in order of the priority of the filing of the respective petitions ana shall he given prenedence upon the ballot ever any aM all questions sutmitted by me City Opagil on its own initiative. Sec. 10 Ordinances, orders or resolves suhnitted W Citv Owncil to popular vote. the City Council may suhsit on its own initiative a proposition for the enactment, repeal or anaMimnt of any ordinance, order o resolve, except as herein otherwise provided, to be v upon at any municipal election, and shcalld such proposition receive a majority of the votes cast thereon at such election, such ordinance, order or resolve shall he enacted, repealed or are accordingly. Aktipmd to Councilor CITY OF BANGOR (TITLE.) (orlb[nMtre,. Amen6log 1. ch a pier x I of I toe o d ,aoces of the City of Bangor -- Ivitiative and Referendum Procedure . .. ... ..... ........... ... Be it ordained by the City Council of the City OfBangor, ae f0ifum: TPAT pursuant to the authority delegated to the City Council by virtue of Article 4, Part 3, 9 21, State of Maine Constitution, ba it ordained that the provisions of Chapter 1, Ordinances of the City of eanCOP, be amended BY the addition of a new Article 10 as follows: ARSICOS 10 - INITIATIVE AND PEFENE M4 Sec. 1 Petition for referent or initiative. On the written petition of a'numCer of voters equal to at least 2U8 of the number of votes cast in the City of 9argor at the last gubernatorial election, any propceetl ordinance, order or resolve dealing with legislative matters an municipal affairs, o any such ordinance, order or resolve, committal by the City Council and which has not yet gone into effect, may be subnittet to the voters in the manner hereinafter provided. Sec. 2 Petition procedure. Any 10 registered voters of the City of Earyor may file with the City Clerk an affidavit stating: (1) net the 10 registered voters will Constitute the petiticrers cannittee; (2) Phe cents and addresses of the to registered voters; (3) no address to which all notices to the mmiittee are to he sent', and (4) The 10 registered voters will circulate the petition. ab file it in proper form. Any other registered voter who is not a member of the Cmmittee may also circulate the petitfw. PrarOtly after the affidavit is filed, the Clerk shall issue petition blanks to the committee and any otherregistered voter who wishes to circulate it.. -2 - Sec. 3 Petition forms. the City Clerk shall prepare the petition forms at the City's expense. The l tition torms shall be printed on paper of uniform size and may consist of as many ingividual sheets as are reasonably necessary. (1) The petition forms Shall carry the mllwing legend n bold lettering at the top of each form On the face thereof: MITIM M THE BMIIDR CM COUNCIL For the SuMiesiOn t0 ttie Pe pm Of the Question Shall the Ordinance, order Or resolve, a Copy Ot which is hereunto attached, m adopted? Each signature to a petition mast be in ink or other indelible interment and must be folloned by the place of residence of the voter wid' street and nutmher, if any. (2) TM City Clerk shall onto the date Of each petition form issued. Ail patition; must he filed within 120 days of the date of issue or they are void. (3) Each petition form shall have printed on its back on affidavit to be executed by the clrcu nor, stating: (a) that the simulator personally Circulated the fors; (b) the nonnber of signatureS On the fOem; (c) that all the signatures were signed in the clrcuiames presence; (d) that the c rculemr believes them to be genuine signatures of the persons whose nates they purport to be; (e) that each signer has signed no more than one petition; and (£) that each signer had an opportunity to read the petition before signing. (4) The petition forma Stoll be assembled as one nstrwmeat and filed at one time with the Clerk. Me Clerk shall note the data of filing on the fOmrs. -3 - Sec. 4 Roadure after tilial. within 20 days after the petition i filed, the Clark shallom c4>lete a s certificaate as to its evtticiency, specityrng, if it i sufficient, the particulars which rerder it defective. 1Ae Clerk shall pramptly send a rept' of the certificate to the petitioners' committee by mail, and shall file a o with the City Council. 4.1 A petition certified i sufficient for lack of the required number of valid signatures may nd amnJed if the petitioners' mimirtee files notice of intention to amend it with the Clerk within 2 days after receiving the copy of the Clerk's certificate. Within 10 days after this notice of intention is filed, the cmmittee may file a supplementary petition w refract the deficiencies in the original. Such supplementary petition, in form and ccntent, most osply with the requirements for an original petition under Sec. 2. 4.2 Within 5 days after a supplementary petition is filed, the Clerk shall r Jete and file a certificate s to its sufficiency in the manner provided for in an original petition. 4.3 When an original or supplementary petition has been certified insufficient, the committee, within 2 days after receiving the Cory of the Clerk's certificate, may file a r,afuest with the City Council for review. 4.4 The City Council shall inspect the petitions i suostantially the Same form, man , aw time as a recount hearing under 30-A M.R.S.AC 5 2531, and shall make due certificate of that inspection. The City Council .shall file a copy of that certificate with Na City Clerk and mail a mpg to the Committee. The certificate of the City Council is a final determination of the sufficiency of the petitions. 4.5 My petition finally determined to be insufficient is void. 'The Clerk shall story the petition void and seal and retain it in the manner required for secret ballots. sec. 5 Action on cetition. 'the follwirg procedure shall be followed upon receipt of a petition certified to be sutficient: -4- 5.1 Within lr days of receipt of a report that a petition is Sufficient, the City Council shall by order provide for a public hearing on the question pmpOsed in the petition. Notice of the hearing shall be published In a newspaper having general crrcvlation in the City of Bangor at least I days prior to the hearing, and shall contain the text of the itee am a brief explanation thereof. The hearing shall be co,ductea! by the City Council. 5.2 Within 7 days after the public hearing, the City Council shall file with the municipal clerk a report containing the proposed question and a written Opinion by an attorney admitted to the Bar of this State as to whether the propsal contains any provision prohibited by the general law, the United states Constitution, or fix Constitution of Maine. 5.3 In all petitions filed note than 12U days before the end of the current municipal year, the City Council shall order the proposed question to be submitted to the voters at the next regular or special municipal election held within that year after the tinel report s filed. If no such election will ne held before the end of the current runicipal year, the City Council stall cost a special election to to held before the end of the current wnicipal year for the purpose of voting on the proposed question. Sec. 6 Submission to voters. the mA:b0d of voting at mrmicipal elections unlet this Doiwnce shall be in the same manner otherwise prescribed for rtunicipal actions bf law. 'the ballots used when Voting on Such proposed ordinance, order or resolve shall set forth the title thereof n full and state its general nature, and shall contain the worts "MR THE ORDINANCE. OBER OR RESOLVE" and "ACININST THE OMINNiCE,. ORDER oR RESOLVE." 6.1 Voter informaropy tion. A of the petition for any proposed ordinence, order or resolve sudmitted pursuant w this Ordinance shall be posted in the City Clerk's office at least 2 weeks prior to the data of the election. 6.2 Election rM rements. Wo action pursuant to this ce sha Ordinanll be effective unless the total nwnbet of votes case for and against the question equals or exceeds 3Ud of the total votes cast in the City of Bangor at the next previous gubamatorial election. If a melority of the qualified Voters voting on said proposed initiative ordinance, order or resolve or -5 - solve or said referred ordinance, order or shall vote in favor thereof, such ordinance, order or solve shall take etfect 5 days after the declaration of the official canvass of the return of said election. Sec. 0 Publication. Whenever any Ordinance, order or resolve is required by the provisions of this Article to be submitted to the voters of the City at any election, the City Council Mat order one publication of the conplete text thereof to M pace in a newspaper of general circulation in the City of BaNOr, sum publication to be made no less than IU days, mr more than 15 days prior to the election. Sec. 8 Conflicting ordinances orders or resolves. Any number of prgxsai o referred ordinances, Orders or resolves may the voted upon at the smme election. In the event that two or more ordinances, orders or resolves adopted at the some election shall contain conflicting provisions, the ordinance, order or resolve receiving the highest nonuer of votes at such election shall be determined accordingly. Sec. 9 order on the pallor. In the event that two or more Ordinances, orders Or resolves are suesitted at the same elactim, they shall be placed Upon the ballot in order of the priority Of the filing of the respective petitions and shall be given precedence upon the ballot Over any and all questions suamitted by the City Council on its awn initiative. Sec. 10 Ordinances, orders or resolves subnitted by City Council vo ppular vote. the City Council may suhnit on its wmrnitiative a pmpoeitfon for the enactment, repealor amendment of any ordinance, order or resolve, except as herein otherwise provided, to be voted upon at any municipal election, and should such proposition receive a majority of the votes cast thereon at such election, such ordinance, order or resolve shall be enacto], repealed or amended accordingly. 89-385 Aerip,ed bCoweilor 9ex1, September 25, 1989 CITY OF BANGOR (TIM.) (JqnytnM jrgf A di g cn pt I of to o di see f to Ci y of Bangor_ -Initiative d Referendum Procedure Be it ordained by the City Council of the City ofBanpw, me folfinee.. IBAT pursuant to the authority dele aced to the City Council by virtue of Article 4, Part 3, 4 21, State of Maine Wnstltutien, be it ordained that the provisions of Chapter 1, Ordinances of the City of Bangor, he amended by the ambition Of a new Article 10 as follows: A91IC[E 10 - INIIIATM AND RBFERENLYAI Sec. 1 petition for referendun or initiative. On the written petition or a -mounter Of voters equal to at least 208 of the groomer of votes cast in the City of Bangor at dae last guhematorial election, any proposed ordinance, order or resolve dealing with legislative , matters on m nicipsl affairs, or any such ordinance, order or resolve, enacted by the City Council acrd union has mot yet gore into effect, may be submitted to the voters in the wanner hereinafter provided. Sec, 2 Petition procedure. Any 10 registered voters of the City of Ba r may file with the City Clerk as affidavit stating: (1) net the 10 registered octets will constitute the petitioners cosnittee; (2) The naves and addresses of the 10 registered voters; (3) The address to which all notices to the oarmrittse are to he sent; and (4) The 10 registered voters will circulate the petition. and file it in proper form. Any other registered cater who is net a camber of the Committee -Wray also circulate the Petition.'Prrngtlyafter the affidavit is filed, the Clerk shall issue petition blanks to the Casaittee- and eny other' registered voter who wishes to circulate it.. 1 n In City 'Council SeptembeY ,pp5 x1989 89-385 refered to Governmental 6peratioORDINANCE 4£ I TITLE.) Amandins Chorker I of the ordinances Ci Clevl fo the City of earNoe Initiative and refexemlum Prace3vze ,IN CITY COUNCIL August 13, 1990 r� Check -List at[anpi�e t. he Document e : o t�. to tingameme amendments were made A Sec. 1 - Amended in the 6th live by deleting "of at leas[ Soo voters of the City of r of v' f1Am and adding "of amber of votersequal - votes to at n theast Ci%t of the number of votes cast 1n elf city . AmendeBangord at the last in flat l election". Amended In Sec. 4 in ccs fist 11m by deleting ende and adding '20 calendar day period". Amended in Seco 4 signatures" an the third ,fan by the number "at least 500 sirequired and adding "equal to Ord ambe[ of Amended Sec. 12eI ander seo- 1 line this deleting "5 y Amenand in se[. 13 ea the fourth line Lr delecing "s years" arta aaa£vg ••3 reayes andVotto Amend by Councilors peaces by the fEngland, ref Sod au votes. Ston Councilors voting yea: Cohen, England. ldacri and Saa, Stone arta Sullivan: Blanchette absent.e voting no: Baldac<1 Mod Saxl. councilormeanthabsent. aMotionmended by ]ave Sax, subject meant that Council Ordinance No. 89-385 a mended be adopted, ectione t9 a held em the 19[0[3 at cM1e next reguVote for Municipal s Amended b b¢ held io November, by the Voce fo[ o votes as ouncilo by Subsvoting hanged by the Sallaviog yen and n uiCouncilors voting ren: Cohen, Balda England, andye[. Store dna Sullivan.vaCouncilors voting no! EazaaCai, sari dnd soaoeaa. Caucv Blanchette abse t i1 � (,f CITr CLERK A C77. le - IWITIATPJ6 NID PEFE�QLAII1 Sec. 1 Pati ion for vefexa Klun or initiative. My pr se l �, order or resolve dealing with legislative setters on mudcfpal affairs, except as provided hereunder, on the written petition of C --' jF voters of the City of Bangor, or within 10 days after any such na ordince, order or resod baa: aactui by the City council, may be silmitrsi to the voters in accordarse with the procedures estpblislad uMer this Ordfnarce. The right of initiative or referenLw providai herein shall not apply to aalinarcesr orders or resolves prvvidv for the appropriation of money, the umicip 1 hAget, the lery of tames, or the wages or boars of City ftjo s. Sec. 2 Petition orfoa , Amy 10 registerml voters of the City of Bangor may file with the City Clerk m affidavit stating: (1) That the 10 registered esters wlll constitets the petitioners committee; (2) The nays and addresses of the 10 registered voters; ani (3) T adheeses to which all notices to Uma oamittsa are to ba sent; (4) TT initiative p osal or mfemnLnn item for which _ voter consideration is sought. a=ptly after the affidavit is filed, the Clerk shall file a espy with the City Solicitor. Within to (10) calendar days thereafter, the City Solicitor shall issue an opL to the Clerk a to the Petitioners' Committee as to the validity of the initiative p Sal or mferendm unler the Bangor City Charter and the Constitutions ani `-- of the Wnital States ani the State of yeire. Said opinion shall not be bind ng upon the petitioners and shall include reasons for the conclusions reached ani possible rmedies if the Solicitor mxludes the initiative proposal or ref� to � imalid. Prow tly h� after the opinion is received, the Clerk shall issue p=_tition bls to the ornnittse and any other registered voters who may .b.'� �\ wish to circulate it. Sec. 3 petition forms. Thefor City Clerk shall pmpue the petition forms at the City's sennas. Tone petition \ £fare shall be printed he paper of unif= size ami say consist �.� of as many indiviAal shahs as am reasonably necssazy. Q (1) The petition are shall carry the following lface in bothereoft inn at the tone of each form the Esta g on P&MICN m TFffi B9TKUR CITY Cqg m For the SLlmission to tM People of the Question Shall the ordinance, order or resolve, a cony of which is hereto attacted, he atnpteit Fa Ch sigrawna to a petit must ba in ink or other iMelible insR t m must ba folies by rhe place Of resitl ce of the votsr with at eec am mmtac, if any. (2) a City Clerk shall rote the data m h petitl0o four is issued. All patitiws oust be film within 30 business days after the date of the original lssuavre of the patition fours. Any petitions filed afxer said 30 b mess days date shall ba void. 11 (3) Ea h petition form shall have t inted on its L Ckso affidavit to be enecuted by the circulator, stating: (a) that the birculat pecso a y circulat the form; (b) the nueber of siry s on the fora; (c) that all the signatures signed in the circulators preserve; (d) U t the cimlator believes thea to bs c)enuioo .signatures of the priors wtcee names they p rp= to be; (e) that each sigres has signed no mm than ora Petition; and (£) that each sigrer had an olpor ity to read tie petitiai before signing. (4) The path forms may ba £ilei at any titre wit said 30-b sirass day period with the City Clerk. TT Clerk shall note date of filing on each fora. g o Sec. 4 P sb:re after £iliru. At the etd of � siness day period, and within l days iba City shall caplets a certificate as to its su£ficfetsy, specifying, if it is insufficient, the particulars which vsnder it defective. 'lie Clerk shall p tly sad a copy of Tie certificate to the peutiorers• ca=ttae by maf1, and shall Me a oo Y with the City Coancil. 4.1 A petition certified insufficient for lack of requirsl number-o€-val#d-signat be all F" .petitions £31x-1 mntain a i` X 9 8J 'stxues and a tre paxitiorexs 'ttce a tyr v' ,i r' rotice of�tion to amend it with the within 2 may`i�„y days after receiving the copy not of the Clerks is file , . within 10 days after iniac notice of intention is o co= the cvmcienc may fila a supple . Sw petition to correct tt tion, m fes in the nr t, 1. Such supplarentar}• Y_ petftfon, fn form n o igi a ,mat Imply with the xeq�ts for an origiaat Petition uetler Sec. 3. 4.2 wirldn 5 days after a supplementary Petition is filed, the Clark shall ca Qlete and file a certificate as to its sufficiency in the manner pmvdded for in an orfgdral .Petition. 4.3 Men an crig5 or suppL tary petition has been certified insufficient, the m ttee, within 2 days after r vdag the py of the Clerk's certificate, may file a request with the City Courcu for rav5 . 4.4 Me City Couxu shall inspect tha petitions in substantially the sone Earn, manner, and tdse as an elective, rarnmt harm and shall due certi&cate of that Srsiaction. sine City Council shall file a cc y of Wt cartificats with the City Clerk and nail a copy to the Camfttee. Ida certificate of the City Council ds a final deteanvation of the suffician y of the Petitions. 4.5 Any Petition finally to be insufficient is void. 'lda Clerk shall stamp the petition wfd ant seal ami retain It in the tanner regu3nad for YSrat ballots. Sec. 5 action of natition. T following prvoei Shall te follo Upon rete Pt of a petition certified to be sufficient: 5.1 Within 10 days of zareipc of a tepart that a Patiti.on is sufficient, t City Cavcu shall by order Pmvdde for a public Furring on the question Proposed in the Patition. F3atice of the hearing shall be pablislpd in a ne span having general Ci ation in the City of Bangor at least 7 days prior to the hearing, and shall contain the text of the ften and a brief eeplanation thereof . Me hearing shall to mMrtai by the City cou cu. 5.2 Within ] days after the Public Fearing, the City CouoCU shall. Me with the u cipal cleric a report mntadning the P Osei quation and a written opd by an attorney -admitted to the Bar of this State asto whether the proposal contains any Provision Prohibited 13' Bangor City Charter, the g3eral laws, the ihut9d States Constitution, or the Constitution of w . 5.3 Wlwnever there has baein origdnatad as aforesaid a petition for the reference w the Purple of airy such oxdinnazre, order or resolve passed by the City Council, and the required nusiber of valid signatur s have been rbr dpi, the same shall be suspen a from gunp into operation frau the date of said public hearing until it has been suhuitted to a vote of the P le. witUn 10 days after the co Pleticn of said public aging the Courcil shall set a Hate for the Mlding of a spceial election at whdch the Proposed or suspended ordinarce, order or resolve shall be suhnitted to the voters of the City, which spacial election shall rot be wad less then 60 dots after bail public hairvg, The tbacil, in Ete discrotionr nal' suhit the setter at the neat regular vvudcipal election held not less than 60 days after said public hearing. Prior to the dale of said elcotion, all proceedings u id Mer sapetitions shall terminate N the event of either the following: in the case of a refsxmmm, the en repeal of the orddnarns, order or resolve, sought to be referred; wend in the case of an hd ver the passage by the City Count l of the clesi ordbiace, oder a resolve. Sec. 6 Slnimission to Voters. Tre rested of Voting at vvudcdpl elatvwns urd¢ this p.-tlbmnoa shall be N the same manner otherwise proscribed for vmnicipal elections by law. The ballot^, used when voting an such prgceai oxdLenoa, order or resolve stall set forth the title thereof in full aha state its penal rebue, a i shall contain the wards 'fOR m Clod r M m REa W.. aha '%AII1ST T QmRllgY.£r d OB xfs9 .- 6.1 Wtei Sn£onwtion. A copy of tla petition fo[ amy proposed anei anter order or resolve sulndtted pursuant to this ordinance shall he posted in the City Clek's Office at least 2 teehs prior to the date of the elation. Sec. 7 Publdcatinn. Wbaever wry Cedis&rce, order Co resolve is ragui by the prrntisions of this Article to be suhattted to the voters of the City at an elation, the City Council nost oxrtri c e pahiication of the cavBlete text thereof to be node in a newspaper or qe a circulatiaa in the City of Bangor, such pnbiication to be mads no less than 10 days, nor nrre than 15 days prior to the 9la?1on. Sec. 8 confl1 ' omL orders ar resolves.Any comber of prop Sed or refeued ombwnossr orders or resolves nay be Voted upon at the Effie election. In tM evsrc that tw oc core �+^r��r confLi codecs oc resolves ad the at the name elation shall contain nscaiv t pzovdsimm, the ordinates tender a resolve rareivin t the 1 al q Herber of Votes at such election shall be according, and all quencion of construction shall ba tleteuvirarl accordingly. Sec. 9 o<iien on the ballot. In Ue event slut two enrdre oxdiruxee, orders or resolves are sutaitted at the name election, they shall be placed upon the ballot in eller of the priority of the filing of the respective petitions and shell he given precsdei ups the ballot wen any aha all questions subnitted by the City Cowed on its own initiative. Sec. 10 nr an'esl orders or resolves submitted by the Citv nn..,,dl to Ponnlar Vote T City Couch vuy submit on its as d tHatbve a preposition for the enactment, repeal or amendment of any ordinance, order to resolver except as herein otherwise provided, to be voted upon at any meaAcip 1 election, ad should such proposition receive a majority of the votes cast therm at such election, such ordnance, order or resolve shall be eracted, repealed or averted accords ly. Sec. 11 i suit of election. If a majority of the wters voting on said Proposed oxdi ce, order or resolve on said referred ordUurce, order or m Ive, sM1+ll vote in favor thereof, such crri snce, order or resolve shall take effect 5 days after the declaratloi of tla official carcass of the return of said election. sec. 12 Effect of ensGoaR, No ordinance, cxder or resolve proposed by petition and adopted by wte of the eleclnxs'siiall be sabjecc to ameMment or repeal by the city coaca for a period of#§years from the date of arecbreM j� el t ratication by the\vetexs. �3 PROCEDURAL NOTES August -13, 1990 UNFINISHED BUSINESS Item ('comment 89-385 Adoption Of this item must be Initiative. b Referendum subject to ratification by ,the Ordinance voters at a future municipal election. There is time to place it on the ballot for the November election. Suqgeated Motion: "I move Council Ordinance No. 89-3 adopted, subject to natifi by thevoters at the next Municipal election to be hr November, 1990". MEMORANDUM August 8, 1990 TO: Bangor City COUTlcll - FROM: InitiativeMiller, Referendw Solicitor RE: a Ordinance Enclosed please find.a checklist which was used for discussion purposes in the Municipal Operations Committee's review of the proposed Initiative .& Referendum ordinance. Copies of proposed amendments prepared in response to the Co:mnittee's decisions on the Ordinance are being distributed to the Council. R.E.M to Enclosure em Initiative 6 Re£erendnm rssces solicitor's Recommendation 1. in General; Retain Initiative 5 Referendum Yes Ordinance or Charter ordinance 2. Petition Procedure: Free Circulation of Petitions Yes No. of Signatures to Start 30 petitioners Committee Yes Petitioners Affidavit Yes Affidavit prepared by Clerk Yes Petition farms prepared by Clerk Yes Committee's Yes Decision days after affidavit filed Yes F®��yf/kOIL Yee yes Ordinance Date petitions issued - 10 Yes yes days after affidavit filed Yes Petition Period 30 business Yes yes days after original petition issued Yes Petitions filed separately Yes Yes i�n5 £ores of Question see proposal Yes include in affidavit �ao.1.0- Legal Opinion - Within 10 days/Non-bindi Appropriateness after affidavit i filed. Clerk within 10 calendar to give notic de after a£f idavit to Commitafiled. flight 'o£ appeal pursuant to Au AB, A.CSv.P. No. of Signatures 208 of last 00 gubernatorial vote Initiative 6 Referendum Issues (cont'.) CON [I4 Solicitor's committee I Item Recommendation Decision 3. After Petition Flied S-. Clerk Certification .-ays 5/(100 c ndar do s Remedy for insufficient Y sem,,, ,ljn2;i"/ 1 f minimum signatures �i, QN6 umb r of sin tuxes i t met last to ce Final Council Review Yes Yes Public Hearing Yes Yes Attorney Opinion Yes Yes /t?s Council Adoption - endsY- Yes _� �p S Yes Proceedings or reguul lar dx-�- Special or Regular Municipal i Special \ /s e l/ : a1 ���{{{((p'''++��,+ Election - Date election `V election notcles E h 6o da s after bl' h n 60-120 dans ._ later or ext j egulax Marini al election over \days away way Stay pending election ox Yes, not _ Ye Council Adoption before 4. Submissions to Voters: �D Special Wording Yes Yes 1/p 4 voter In formYes Yesation Minimum voter Turnout Yes, 30%df �lyl1, 1Jo dse �1,j last guber� natorial vote 5. Subiect Matter: As proposed c osed, A" 'o ed with -1 add e ceptions` ti ns for man for municipal`cipal budget, tax budget and levy, - eppropriYYnn aMrje appropriation{esand h tax levy, dn emergency, - v ordinances, orders a]- V5 Saitia tive s Referendum Issues (conT'd) solicitor's Committee's L� Recommendation Decision Stem s. -Hiscelidneousi Define ..municipalaffairs' Yes YesR.eCwN� Define -legislative" Yes Yes �So Right to repeal or amend Yee, after Yes by council 5 years; Before - voter approval Y. other- MEMORANDUM October 27, 1989 TO: All Department Heads FROM: Robert E. Puller, City Solicitor RE: Initiative and Referendum Procedures -- Council Ordinance No. 89-385 Recently the State Legislature passed a statute which prohibits municipalities from restricting the circulation of initiative petitions. As you all no doubt are aware, the provisions u of our City Charter currently prohibit the free circulation of such petitions and require that all signatures be obtained in the City Clerk's office. This issue, plus a variety of others, have caused the Council to seek recommendations from our office relative to the initiative and referendum procedure. Pending on the City Council agenda is an item (Council Order 89-385) which, if adopted, would radically change the procedures by which the initiative and referendum may be exercised in the City of Burger. The procedure is modeled along the same lines of a similar procedure available under State statute for initiating an amendment to a municipal charter. The Council Governmental Operations Committee met on Wednesday, October 25, 1989, and briefly reviewed the proposal. In addition, they also were given copies of similar provisions existing in other communities around the State. The Council will be debating the issue at some length in future meetings. I believe that the staff should give special attention to this proposed change and should take a position on some of the more significant provisions. The right of initiative and referendum is an important safeguard against arbitrary action on the part of the municipal officers. However, if it is not properly structured, it can be abused through the efforts of a few. If we are not careful, the process may be used inappropriately to interfere with the proper administration of the City and the management of its affairs. Attached please find a copy of the new proposal. I have suggested to the City Manager that it should be discussed at a future staff meeting. Please call me if you have any questions. R.E.M to Attachment initiative A Referendum Issues Item Council voted 1. In General: Retain Initiative 6 Referendum Yes Ordinance or Charter ordinance 2. Petition Procedure: Free Circulation of Petitions Yes No. of S1g:mtotes to Start 10 Petitioners Committee Yes Petitioners Affidavit Yes Affidavit prepared by Clerk Yes Petition forme prepared by Clerk Yes Date petitions issued - 10 days after affidavit filed Yes Petition Period - 30 business days after original petition issued Yea Petitions filed separately Yes Farm of Question - See proposal include in affidavit Yea Legal Opinion - Appropriateness Non-binding legal opinion issued within 10 calendar, days after affidavit filed No. of Signatures 20% of last guber- natorial vote. 3. After Petition Piled: Clerk Certification Remedy for insufficient signatures Noted: Councilor Sullivan voted in opposition of committee recommendation Final Council Revfewq Public Rearing Attorney Opinion Council Adoption - ends Proceedings 20 Calendar days only if minimum number of signatures requirement met 1n first instance Yee Yes Yea Yee Initiative 6 Referendum Issues Item Council voted Special or Regular Municipal Election - Date Special orregular municipal election not less than 6C days after public hearing Stay pending election or Council Adaption yes L. Submissions to Voters: Special Warding Yea Voter Information Yea Minimum Vater 'Turnout 30% of last gobs res, torial Vote No 5. Subject Matter: As proposed with exceptions for municipal budget, tax levy, appropriations and wages and hours Majority voted 6. Miscellaneous: Define "municipal affairs" Redraft Define "legislative" Redraft Right to repeal or emend by Council Yes after 5 yea before voter approval Amended to read Yea, after 93" years _ before voter approval. 89-385 Ia9a1 Dep3rYment nate Septanber 19, 1989 TO: Bangor City Council FW2N: Robert E. Miller, City Solicitor Initiative 6 Referentlun RE: At the session in which the Council reviewea the Charter Review Committee's Report, inquiry was made as to the possibility of free circulation of petitions for a refereMwn or initiative outside at the City Clerk's office. The issue raisea, in part, because of a recent change n me general statuteswhich authorizes the free circulation of petitions for citizen initiatives, but Mt for referen3ure. Please find a copy of me how statute for your review and guidance enclosed as AttacYment "A". Instead of following the charter aneno3rent process, I an reomnerdfeg to the City Council that we implement our authority abler the Stare of Maine Constitution W adopt An initiative and referendum ordinance. This ordinance does not benne effective until approved by the voters. See AttaclmEnt "B". Because of the recent change in the State law, concern was expressed as to the stall number of signatures required in order W place an iten on the ballot under the initiative process. Although no specific proposal was recammeMed by the Council, sate members seem to feel that the Home Rule standard for the circulation of initiative petitima would be appropriate. Under Bare Rule, proposed amendrents, etc., may be initiated upon a signed petition by a mmbar of perswis equal to 208 of the vote in the municipality at the last gubernatorial election. once the itan is placed on the ballot, it cannot take effect unless the nutter of people voting at the election equals 3U8 of the number of persona casting votes at the last gubernatorial election. Using the Hare Rule statute as a model, I have prepared a proposed initiative and referendwn ordinance for your review and sideration, a copt of which is enclosed as Attachment "C". Because there may be interest in Mving the iten placed on the ballot for the November election, I have taken the liberty of placing the propnsetl ordinance on your agenda for Us react Council meeting. I will be glad to W through it at that time aha discuss its similarities and differences with the existing initiative and referaMun procedure. R.E.M. to Enclosures pc: City Maregad� City Clerk -CII. 91 114th LEGISLATURE kee ee Nd at Wat there, brew notified by in mal retail off or law enforce matt at treevsse. t Penelt fe AfarfdWre of not more Wan 9500 shall be ad ad foraddo voider" svbaeetron rota amort ma ae arra eamtercm � ane er Morme lotocco o vesNe a mal in aceo seeran 39H mntro n 'same a 0 5. Enem tion. aAa e n stall tot be table under Old aecaoo If, at We same of We t e healow elivea m Emergence ckuae. In view of We emergency riled be We Wadeable. Wu Amt sholl take office when approved. Apprised May 3, Im. LOCAL INITfATIFE AND BALLOT QUE6TIONR— (RCULATION OF PETITIONS CHAPTER 92 S.P. she LD. 397 An Act to Romm" MonklPoptlo of Permit the (fomentation of Estimate on Local Room Be it erwa4d by the PeoPle it Baa Stile ofNaly ne follow' Ss: 1. 21-A MRSA § 90}A he enacted W read: § 902-A Circulation Petitions ed under this cryo me, be cdcuated by any sentencing voter. -. See 2. 30.01 MISA S 250A Ia emaded to read: _ §-sal Glarmambionf defames 6a loeW initiative - Nore vi V enact eharrir ro or orchestra in Rldn We civada. man a a twno All aracoolmua n me unr fi-SeeZt 15tT4 - Appri,d Msr 9, IM. PESTICIDER—M1LQl4MAL ORDINANCES -DEALERS' CHAPfRE 99 R.P. 135 ... LD. 179 An Ass Concern[" We Recession of General Urc Peucldv "9p darrnncy:yprable, suokae en deatobat ftthe Logilaturs', �jotbxoma effeetivn card ..' 352 tnwee e,rRdnn a aM wa Mawm4 H man1: alaenn by 46 89-385 PIMT REGULAR SESSIO: Whereas, stares that sell p before spring which mrenmr Wheress, in We judgment them ning of We Constil immediately necessary for W therefore, Be it enacted by the Peoic Ser. 1. 22 MRSA § 1471-1 is repnled and We following nel a49dte Attachment "A" Art. d, Pt. 3. § 20 e8 Under fano r permitted of J,6 n, the "Whole, of rearama,m, heat: n I'd to be ht o header,nine Idxox ural that ranged, screens Whom ey, dark intoned n namgw, argued m bo mm. of P... entitleddone e to o for Gott r, nu letter) Ile inds of neeu fennel somewhat n@ um sola be nom sumn acting let m shot mane whether his accelerate naa res t. and net pm'md, mooting name, nn gave quare Otiers of the Justices Quill 116 Ne, 661. 103 A. 701. Figure of the too n clerk'x anifftl for spells the date on .lith big inti,e ate x'as made. speech It gave the month ala )w,, did at owes the r titiute fled x,thin the reubed tin (carman of the Jos,". Qui 116 N, Sm, 1N A. 761. above added eeN( ate I, marl dam cellon tefdma only w doilecod vmhra of names In ate a to, 111. a, tee wined in the and column d at be tootl aversion of the JuaGae (191d)114 Ne. 66e, 95 A. 839. Brad clerk, remarks and drill m¢ Here Indeed appeared only on first of MInl draw of a olden uum cewon, the name¢ me IM other sheens could not 5e "came It. cord , a referendum, petit mandate w , warded- pant and petit as grad nn1Y decidinga•n ..hare <nl dreg e federal Ni. ie. CONSTITUTION OF MAINE 11laterite , over msthe ],at of .al men, of a mfntnm ate n several flea on ,a net dig a. plane, verso plea m.tea o trot gage "'Pumt to 'eray the punks. Ja 10. — Prima feel, aide," of,r lWhicy e,rim"no, Tol and referendum Reuters mg, uld muma efedI, fare m r nd,mhart' dna authendelty of signs road. Opinion of thetur ire (1027) red the. 620, is A. 53. whave tier cook ewtirN all signa- 1 ,referenda wee to be Cher of comms a a vote for news ,erush late t ...x'u edge ml facie wal e of me fact. and big latae to Gotr the ewMgneae pa er aitl mAdegrees . "meed aid wt c wtner <om the mime facie she, g' the,fare ea aun such pdl should n beied.m, of theJnatic" (9)m fl sacs IN A. 761. 11. — eipnsm" of special, "air'. ,all,, IT form clod's "reduced N a n4 derseaa petition mads unveiled ,aa at by Ford. v an and games should at hugersb", ewnlM cargo under R aide. g.1, 6 6, it ea the signature en careful read aulbentin rates the cetical opinion a the Jos tied, (19171 116 W, 551 109 A. wL Hames on nbreMum volition tierk's rnr N A omens .a ors' tb, of me city dark in bis dak wirml call trot b be fumed. a0lemon of the Jnadce, (1916) 119 He. SO, 95 A. 969. $ 21. City council of any city may establish direct initiative and people's veto Seetmi 21. The city council of any city may establish the direct initiative and people's veto for the electors of such any in regard w Of municipal affairs, provided that the ordinance establishing and providing file method of exercising suet direct initiative and deo- plea veto shall not take effect until ratified by vote of a majority of the electors of said city, voting thereon at a municipal election. Provided, however, Nat the Legislature may at any time provide a uniform meNod for the exercise of the initiative and referendum in municipal affairs. 716 89-385 LF.GF)l Added by A Janm.Y 6. t.. Ballots, N.... uk. In Pe diem Inmj list Bem�m Voting I wmgv got Xad Ia,l 1. m 2. IA. ga.ean vane" a mon afalve sty on imuan«dad not ty of deal and rds mbum laws ala rem, city deme, xou d.aer arored Attachment "Bet Legal Department Date August 10, 1990 TO: City Council City Clerk FROM: Robert E. Millet City Solicitor RE: initiative & Referendum Enclosed please find: (1) Proposed amendments to Council Ordinance 89-385 (2) The Text of C.D. 89-385 if the amendments are adopted. /]m R.E.M. R2,M.n; t�tt.y Sac. 1 atom foo psferencb or initiative. Any proiosad ordinance, order or resolve daalbg with legislative rtattsm on muNciPal affairs, e>sspt i fh as pzcvice hereunder, on the written petition e&a6-dantr{RB' or thin 10 days after any such ordinance, order or resolve has been enacted by the City Caucil, may m aubdttei ro the wr in a vrdazne wtu ua oc pxxed¢es e.5rablist� mNer this O:.dvurce. TTs right of ay✓ M initiative or refemso m Provided herein shall rot apply to AS e8v a ✓ oolinarses, orders or resolves providing for t appropriation yah Ofm y, U:e v Cipil budget, the levy of t j or the wages t -a P+ ZA05 rmoxe `or inure of City mployees. a a %a a F. S 2 �itien uzacekae. Any 10 registe ai voters of ue City of eASY >busNr my file with the City Clerk sn of ✓o+=s affidavit stating: C✓ f Ig Y i'te. (1) Mat the 10 registered ♦eters will constitute the M Kar a W Petitioners cmmittae; p 03 LPS'r (2) 'lfie nares and, addresses of the 10 mgisterai voters; sol G✓ Ren. yin+afl1AJ3) ddmsses W whtch all notices to the comsittss surto bu sent; L'L e c Yvo ai (4) 1fia ioitistive proposal or refera:dw item for which voter cosidemtion is sought. Promptly after the off davit is filed, t Clerk shall file a copy with the City Solicitor. Within ten (10) calendar days thereafter, the City Solicitor stall issue an opinion to the Clerk and to the Petitioners' Committee as to the validity of the initiative proposal or refere:Amn under the Banter City Charter area the Constitutions and Sans of tie UN.tsl States and the State of main. Said opinion s L not be binding uFon the petitioners arcl shall include masons for us conclusions resoled and possible rme if the Soliciwr concludes ua initiative proposal or referaoOum to be immlid. Promptly - after the opinion is reool e , the Clerk shall issue petition blaN:s to t comittm and arty other. registered votere wro may wish to cimuslatc it. Ss. 3 Petition fours. 4 City Clerk shall prepare the petition forms at the City's a venae. 4he petition fours Shall bo printai on p per of uniform size aM rosy consist Of as m individual sheets as are reasonably necessary. (1) T petition farms shall carry the follasing legd in bold lettering at the top of each fom: on the face tpmxcof: MITIaY 1Yl TFs B4%iJB Cm CCUNCM For the Suhnissicn to the Purple of the question Shall [he oNuarce, order or resolve, a copy of which is herete attached, be ad polo? fa ch siryiadse to a patition mast be in ink or other iltlelible ixutxwrent and mat bs folload by the place of of t votez with street aM combs , if any,. (2) Yin City Clerk shall rote the dat Tach petition £om is ismmd. All petitions i is filed within 30 businras days after tlm data of the original isanance of the petition f . Any petitions flied after said 30 Gmiresg days date shall 1„ void. (3) Bach petition Eons shall have printed on its back an affidavit to be esecuted by Ne circulator, stating: (a) Nat ile ciiculai persamlly circulates the form; (b) Ne nu d of sigmt on the fomn; (c) Nat all Na signarw.es wee sigui in the Cfrculatom premn. ; (d) that U cimnlaTar believes N to be gamin sign� of Ne parsmm w naves they purlwrt tow; (e) Nat each sig has sign i no nom than mre petition; a (f) Nat arch signer has an opportunity to teal the Petition before Signing. (4) the petition fc o may to filei at a tine within Said 30-LvsinasS day penial xti the City Clerk. ' clerk Simll rote date of filing on rack form. Sec. 4 RM229haM aft¢ filing At the end of said 30 basimas day a period, ad withN days tltexeaftar, Oa City shell conplete a certificate as to its eafficie , specifying, if it is irmcffici , the particolazs which xvvler V� it defective. rte Clerk scall pcmgrtly sand a copy of Ne certificate to the petitiams' camdttes by nail, and Shall file a copy Wd tte City Council. 4.1 A petition certiffai insufficient for lack of tlm requires mmtsr of valid signet may ixi avmrlsi once, if all petitiem files conmin a total 2 6 o siTeem.®, ani if the pe[itionem' comdttee files a notice of invention to meed it wtN the Clerk within 2 , 'A0 AL rb days after r iving Ne copyy of the Clerk's certificate. DD Within 10 days after this entice of intention is filed, mmdttee vay file a supplarentery petition to correct deficienciaz in W original. � mepplsovetary pStition, N fom and content, m t amply wiN Ne � for an original petition un Sec. 3. a 61n 4.2 within 5 days a£ter.' a sung ota y petit is filetl, the clerk shall mipleta ant file a certificate as to its sufficiary in the nwuar pr i� for in M original petitira. 4.3 ➢den an origin l of sm.rermnt� petition hes been entified insvffici , the crosuttee, within 2 days after receiving the copy of the Clerkls ce iflcate, uay file a ragwort with the City Council for navies. 4.4 'fine City famish stall inspect the petits in substantially *he sem form, nwuer, ant tine as an election recount tarring ant stall amke due certificate of. that i�•<...�. no City Ancil shall me a ccpy of that certificate wlth the City Clerk and mail a o+py to the Camdtm . R c¢tificate of the City finncfl is a final_^^+^++^^ of the sufficiersy of the. letitions. 4.5 Any petitfmn finally to be insufficient is void. 'bis Clerk shall stamp the panvoid aid = ant Main it in the vmruer regnn;roC for to. asset ballots. Ss. 5 Potion of O t tion. 4te following protedum shall be folloxed Upon x ipt Of a petition certified to ha sufficientn 5.1 Wlthin 10 days of re0eipt of a repot that a petition is sufficient, the City Council shall by order provide for a public teartng on The question proposal in the pennon. Notice of the T i g shall be publisLed in a newspaper having gawral cirmnlatimn in the City of Bangor at lest days prior to the herimtr ant shall contain the teat of tie Item ant a briefexplanation thereof. TTe h irg shall be consiucted by the City Council. 5.2 within ] days after the public herring, tie City Council shall file wbth the mmicipel clerk a report sntavurg tie proposed quetion sed a written cpindon by an atnaey mbdtt to the B of this Sista as to whe[lner the proposal contains any Provision lnohibiied by Bangor city Charter, the gaeral loos, the WLL States Constitution, or t Canatitution of Name. 5.3 4llrenevar there has been origiro as aforesaid a pett for the refererca to the people of any such ordinanice, order or resolve p aeon by the City Cwnoil, ant the required number of valid signatures have been obtaLsxi, the sore sinll ! suspn Erse goiM into operation frau the dais of said public nearing until it las bear subni.tbai to a vote of t panple, within 10 days after itis empletion of said public lwaring the Council 5ha11 set a date for the lalding of a sperm election at which the pransei or suslendad ordinmse, or resolve shell be sutnittd to the voters of the City, Mich spam els shall at to Seld less than 60 days after said piplic hearing, The Council, in its svtaft the matter at the rat regular + clpal election held not less than 60 days aft said poi is F ring. 12iar to the date of said electian, all pm®siings uMer said petrtiors eh=ii tevoiiate in the swot of either the follo✓i yi In tie case of a referarim, the entire repeal of the oxtlinarce, order or r ve sooght to be referred; ant in t case of an iMtiatlw, the p sage by the City Cosi], ofthe deei i o iinvxe, order or resolve. Sec. 6 Suhmissfon to voters. The setlsd of Voting at vwicipal elections und=^ this � shall be in tie ems roamer oHmwJ,ae Preas-ib6d for con 4xl elation by Saw. The lallots used rd6a, vut ^ on suchpxcpoe ordinaae, order or rmolve shall est for the title thereof in full ad State its gereral nature, ami shall con•,:^ the vuorde '1RR 9fm pIDItAm'2, CHER CR Phy.Y)!B" erd 'ACrI➢b3' IflB OCA]NNiCB, C� OB Iff.SOtNB." 6.1 Uota infommtion. A wpy of tie petition for erg' paposed ordvelma, ordat or rnaolw sotmitted lvrsuant to this orditelme Sunil be Ime in the city Clerk's Offi at least 2 rets prior to the date of the elation. Sec. ] Pgbliwtton. Whenawr any oxdinare, order or realty is requixai by the proviiiy a of this Article to Co ncil ted to the vows of the City at an elation;, the City to mist Dada ore p:hlica[ion of the o tion text thereof to be , in a reaata or e m al circulation in dFa City of Bangor, such I.vblicetion to be made no less than 10 days, rsr more than 15 days prior to the election. Sec. 8 conflict w ordira,ses, ovd or aeaolvea. Any nuo of pmpased or ret' -rai �, oalars or resolves may w w upon at the 6ame elecefon. In the a that wo or ;mie ordinarcee, orders or re 10 adapted at the score elation shall contain conflicting prwisimm, the ordi,mnae, Dasa of realty r vi,g the hilt nuab¢ of votes at such election shall be paramcsmt, and all goatio; of constrvetion shall !re dei toed accordiNly. Sec. 9 Cada on the ballot. In the evert that tw or vane oxdv6ucee, orders or ra 1are fiuhaftted at the aoe election, they simll 1e placed neon tie ballot in order of the priority of the filing of the respatiw retftimia ant shall Ee gfwn Pulse i Cit its ballot area airy and all gnastions Sutmi.itsi by rile City Council on its Dan initfatiw. Sec. 10 orders or resolves autmitt the CiIy conular wt TM City Co u it rt sufsit on its am init Uva a proposition for the enacrn t, repel or avoeM�ent of airy oxdirerce, order or r Olve, except as herein othawtae provided, to be Votai upon at any mudcipal election, ami should such proposition rareiw a majority of tie voice cast therms at such election, such ordinance, oN or reedlw Shall be enact, repealed or m(e dad accordingly. Sec. it Peaelt of elaKSon. If a miority of tM voters voting on said pr oxdviare, or az or resolve or said refs ordi O order or msolve, shell vote is favor tis3sof, smcb ordiwce, order or m olve shall talo? effect 5 days after tic declaration of the official canraes of tls3 r of said election. Sec. 32 affect of ea orduaYce, order or resolve po>Eceel by petition a adopted by vote of i elstnxs shall to a Jb to mondi®YC or repm by the City courcil for a period of i-years from tle date of enac[mPnt wi t ratication by uo voters. �- ' QIC I ARyiCCS 10 - IMTfAT1vB AND I�'II�iOIM o © 1 Ss. 1 Pettitm for mfecvrAun or i tietive. Any piapo ord nce, order or msolve daali:g with legielativa sobers on msucipal affairs, a Dept as P� hemumiec, on the wrlttm petition efT�' j(.. �f-t City-of Bangor, or within 10 days aafiiteer^ �y such oiir moder or xesol been etmcted by the City Council, mal' be submitted to the vol in acmniarce with rhe prmeNres estDlishsi uter this Otvmnce. The right of inittatiw of mfemnAm ptvided herein shall not apply to m,�, orders or resolves providing for ue appropriation of aor¢y, ue m cipai budget, the levy of tareo, or the wages or false of City aq,loy. Sec. 2 %tition omczWre. Any 10 mgisteral esters of tole City of Bangor may file with tle City Clerk an affidavit stetim: (1) That the 10 registemd voters will constitute ue Petitiow.s oamdttee; (2) The nam and addmsaes of the la registered voterei ab (3) Tlm adtlresses to vildch all notices to rhe oamfttee am to ba svm; (4) TM LLL tive propr or mfemsd,m item for which voter coma ratim is sought. Promptly after ue affidavit is filed, the Clerk shall file a copy with tie City Solicitor. Wiuin ten (10) Calodar days aeons£ter, ue City Solicitor dull issue an opL to ue Clerk ani to the Pe[itinnem' Crnrdt� as to rhe validity of the fK t£ve proposal ur mferendmi u icer ttm Bon Cfty Charter std tl Constitutions and I of the UnSTed Stag ab tlna stat of mains. said oph shall rot he binding upon to petitionem aM shall include mssom for rhe cenclusiam machei erd possible romcdies if the solicitor co cl tole £Ktiative prcp al or � to be in a d. Pauly after the cp ti is zeceived, the Clerk e}m1l issue petition bianlm to i camuittee and arty other regist wtem who n sy wish to Cf ate it. Sec. 3 l§tition foars. aha City Clerk simll Prfture tole petition form at the City's expence. Tie petition forms shall be printed ba paper of uniform size and may consist Of ae many Ldividual sleets es are xaasonably necessary. (1) The petition form shall carry the foUoaang lege in bold lettering at the top of each form on the fxa thereof: P6TITfQi 1D '1f@ 9LiA�JR CPM COMCM For the svnmissinn to tole People of the Cueetion Shall the ordinaree, Drier or reselve, a ccP of which is hereto attched, tie adopteii Fath signature to a petition vast bs in ink or other fMelible instrument and mast be folload by the place of resdderce of the voter with street nM comber, if aw. (2) Me City Cleric s l rote the lots each petition foon is Issued. All petit vast ba filed within 30 bualreas days after the date of the original issuance of the petition force. Aey petitiore filed after said 30 tvefn a days dais stall be void. (3) Bach petition foss shall lave �i on its back an affidavit to to emfxted by the circulator, statir3: (a) that the cixwlatox personally cim:lMei the form; (b) of sigca=es on itis fcnm; (C) that all the stgnet...a= w sigma in tie cixculatoxs presmace; (d) that the circulator to Ce gemrire sfgnatvxee of the pexsma whose nmea they p rpoct to be; (e) that each signer has sib no more than oce Petition; aM (f) that each sigrer had an ggnrtimity to read the Pelf lefore signing. (4) Bae petition £ores may to filed at arty ttme within said 30-husiress day period with the City Clerk. ata Cle^Ic�t-f" Stull rote date of filim on each £ema. a o w��+'� Sec. 4 PrwaLue after filiro. M the ami of said amps day period, ami within 6days the City shall cawlete a certificate as to its sufficiency, spe:ifyicg, if it is insufficl , tie partfculaxs e h radar it defective. S4e C shall p tly sad a oo y of tis Ce ifi ata to the petfti , cmmittee by mil, ani Shall file a cc y with the City Crnmcll. d(y 4.1 A ptEtion ce ifded insufficient for lack o£ xequiied jf - nuoher_o£-valide be if all o_ (itirnis files mutein a total` n% vJ na e#gsabues ani SE the petitiwiers' 'rtes ea a N entice o to arced it with NOK fin z days after rewi the wpy of the Clerks catifdcate. Within 10 dela after e a u tlm of ima,tioa is filed, &ficccmitce neym a rigimi. rc petition to maser s�✓(h_,F' U t defici� fes ' the original. Scm ly pl v terry o petition, fn fora and igi e , vitt c®ap1Y with the .ate for an rigLal petition under Ssr:. 3. 4.2 Within 5 days efts a sol li terry petition ie filed• the Clerk shall cdiplete ar file a certificate as to its sufficiacy in Ga Homer provids<i for N an original -petltfon. 4.3 itwn an ceigfaal or supplmentarypetition los baai m..: sfed insuffici , the cam ttaa, wiW 2 days after receiving the copy of the Clerk's certificate• may file a ieq t wlth the City Council for review. 4.4 Ste CityCouncil ahall In pt the petition, N �ly the score form, mamar, and time as an alatim: recrnmt Hexing a shall make dte cmtif+^xo of that inspectim. City Comcil dull file a copy of ilia[ c¢tificate with the City Cl and vai l a copy to the Gamines. The certificate of th City Co a is a final of the sufficie c of the peutfone. 4.5 Any pelf finally dem i i to be Sreuff=c nt is void. The Cl k shall step the petition void aM seal acH .con:^ it in the aanres rgvd for secret h llma. Sec. 5 action of m[ttion. a9te followv PracuLse shall be follamd upon xai:efpt of a petftim certified to be sufficient: 5.1 Wif 10 days of receipt a a report that a pe Uon is saffici , the City Co=il shall by oxdee lurndde for a V+ hmring on chs qutt;tfat proposed N the petition. l ce of the hsaxing shell be publ5sh� N a neasluper Having general Circulation N the City of Ba yor at least 7 days lsiox to the t g, and shall contain the text of the itmt a a brief ^^ thecae£. The hearing shall ba mr3w.Y o by ilia City Camcil. 5.2 Within 7 days after the lvbltc hearing, the City Council shall file wlth the>mudclpal clerk a report cont� the pmpoaed question and a writtsn apdtuon by an attorney aduitfed to the Eaz of this State as. to whetters the peafowl cane any pru l ioa pohfbited by fa g: r aty Chari, the gamnl lase the vhx a States Constitution, or the (bnstitutim of ]Aedes. 5.3 WMnever throe has been origlnatai ere aforesaid a petitimt for the mferaice to the Ample of any such ardiamee, order or resolve passed by ile aty council• std the required nwbar of valid signatures have been obtatimtl, the same shall th susPa from going into operation Cum the date of said public h ung until it W been aohnftted to a vote of the people. Within 10 dale after the oa 1p ion of sold public Y iag the Counca shall set a data for the lmldf of a spec elstim at which the pmposed or suspuedad oxdvuxce, order or rn 10 shall be euhidttod to the wtav>a of iia City, which special election shall not be held less tan60 days after said public tearing, T Council, fn its discretion, may submit the matter at the re t regular municipal election held rot less than 60 days after said public hearing. Prior to the date of said election, all proceedings i said petitions shall terminate in the event of either the folladng: in the case of a mfereiam, ile entirerepeal of the ordimrce, order or resolve sought to ba referred; ani in the case of an initiative, its passage by the City Council, of tie desiri ortlinavice, order or resolve. Sec. 6 Submission to voters. TTe rethi of voting at mmicipal elation under this Ordnance shall be !n the sere nanms otherwise prescrilsd for nmvdcipal elatloa by law. The ballots used w voting on such propeed ordinance, order or resolve shall set forth the title th f in dull a i state iss g isnot ntum, arci shall cmrcain the outdo ^6ae u� r�>z�, � oa lye^ ai •Arnnasx von amamers, oBo®1 oB l>WNFNB.^ 6.1 wt r infmmtion. A ayy of tie petition £or arry propassrl ordinance, order or msolve sutmitted pumuant to this onlinan ce stall be postai in tie City Clerk's Office at least 2 veeks prior to the date of the election. Sec. l Publication Wsrever any ordinance, omhi or resolve is regairi by the provision of this Article to subuittsl to the votes of the City at an elation, the City Council nest order one publication of to complete text thereof W he meds in a ne,.spapa or general circulation in the City of Bangor, such publication to ba mule no less than 10 days, nor onus than 15 days prior to the election. Sec. 8 Conflicting � orders or resolves. Amy mmber of Proposal or mfeaei onii anoes, orders or resolves may he voted upon at cap sam elation. ID to event that txo or nmxe .,iv.,�,.», orders or resolve, ahoptal at tha sate election shall mrtain conflicting provision, the oriiaae, order or resolve receiving to highest mutter of votes at such election shall be pararewt, and all question of mnstxuction shall be dete..^n.,dv accordingly. Sec. 9 Older on the ballot. In ths event that tw or bm=e ordinances, orders or resolves are ballot at the elation, they stall ba pl ai upon the betiti in ander of cap priority of to filing of is mspattce petition ani Shall on given by tt c by th upon the ballot over sty and all question suhmittsl the City Cavell on its am iKtiattce. Sec. 10 Crdinanes, o=des or resolves suhnittOl by the City Council to rcoular wte. the City Council may suirdt ou its cam initiative a �ition for the enactment, repeal or anrenemn t of any odinanre, order or x 10 , except as herein otherwise provided, to be wi i upon at aw =icipsl election, ai slrnrld such proposition receive a majority of the votes cast t at such elation, such orano dLe, or' r or resolve Shall be enacted, repeals] or aroordingly. Ss. 11 Result of ela lcn, If a majority of t vol voting on said proposed ordineme, older or solve or said mferx i ozdinarre, order or resolve, shall voice fn favor U» aof, sucho Hinarce, older or x lve Shall take effect 5 days after the declazation of the official cam'ass of the retnm of said election. Sec. U Effect of emctsent No oid3nanre, order or reeelve prolosol by petition a adoptai by vote of U electors'sha11 to subja2 to arendrent or repeal by -t city ccw fora peri of ya-irs Eros tle date of enactment xt wit t reticatfon by the voters. 3 PROCEDURAL NOTES August 13, 1990 Item Comment 89-385 Adoption of this item most be Initiative a Referendum subject to ratification by_the Ordinance voters at a future municipal election. There is time to place it on the ballot for the November election. of ScgpMeed Motion: "I move t t " Council Ordinance No. 89-385 be ( adopted, subject to ratification by the voters at the next regular Municipal election to be held ih 1/ November, 19900. i'Statham COPy�1 89-385 Aaiigned to Courant Saxl, September 25, 1909 CITY OF BANGOR (TITLE.) yr rWnttttce, Amending , Chapter I of the _0 di a of_tM1 City of Bangor - Initiative and Referendum Procedure Be k ordained by the City Commcfi of the City ofBamaur, ae fdlowm:. — THAT pursuant to the authority delegated to the City council by v1IDae of Article 4, Part 3. f 21. State of Maine Constitution, be it ordained that the provisions of Chapter I, ordinances of the City of Bangor, be amended by the addition of a new Article 10 as follows: ARTICLE 10 - INITIATIVE AND REFERENDUM Sec. 1 Petition for referendum or initiative. Any proposed ordinance, order or resolve dealing with legislative matters municipal affairs, except as provided hereunder, n the written petition of a number of voters equal to at least 20% of the number of votes cast in the City of Bangor at the last gubernatorial election o within 10 days after .any such ordinance, order or nesolve has beenma enacted by the City Council, y be submitted to the voters in accordance with the procedures established under this Ordinance. The right of initiative or referendum provided herein shall not apply to ordinances, orders or solves providing for the appropriation of money, the municipal budget, the levy of taxes. or the wages or hours of City Employees. Sec. 2 Petition procedure. Any 10 registered voters of the City of Bangor may file with the City Clerk an affidavit stating: (1) That the to registered voters will constitute the petitioners ceyes ittee: (2) The vanes and addresses of the 10 registered voters: and (3) The addresses to which all notices to the committee are to be sent; (4) The initiative proposal or referendum item for which voter consideration is sought. - Promptly after the affidavit is filed. the Clerk shall file a copy with the City Solicitor. Within tea (10) calendar days thereafter, the City Solicitor shall Issue an opinion to the •4 ORDINANCE (I=.) Assigned to i1uvCLLain -2 - Clerk and to the Petitioners' Committee as to the validity of the initiative proposal or referendum under the Bangor City Charter and the Constitutions and Laws of the United States and the State of Mine. Said opinion shall not be binding upon the petitioners and shall include reasons for the conclusions e ached and possible remedies ifo the Solicitor concludes the initiative proposal of referendum to be invalid.Promptly after the opinion 1s received. the Clerk shall issue petition blanks to the committee and any other registered voters who may wish to circulate it. Sec. 3 Petition forme. The City Clerk shall prepare the petition forms at the City's expert The petition forme shall be printed on paper of uniform site and may consist of as many individual sheets as are reasonably necessary. (1) The petition farms shall carry the following legend in bold lettering at the top of each form on the face thereof: PETITION TO THE WINE CITY COUNCIL For the Submission to the People of the Question Shall the ordinance, orderr resolve, a Copy of which is hereto attached. be adopted? Each signature to a petition moat be in ink or other indelible instrument and must be followed by the place of residence of the voter with street and number. if any. (2). The City Clerk shall note the date each petition farm is issued. All petitions must be filed within 30 business days after the date of the original issuance of the petition farms. Any petitions filed after said 30 business days date shall be void. (3) Each petition for, shall have printed on its back an affidavit to be executed by the circulator, stating: (a) Chet the circulator personally circulated the form; (b) the number of signatures on the form; (c) that all the .signatures were signed in the circulators presence. (d) that the circulator believes them to be genuine signatures of the parsons whose names tbey.purpoit� to be; (e) that each signet has signed no more than one petition; and (f) that each signer had an opportunity to read the petition before signing. -3- (4) Me petition forms may be filed at any time within said 30—business day period with the City Clerk. The Clerk shall nate date of filing on each form. Sec. 4 Procedure after filing. At the end of said 10 buelaese:dayj period, and within 20',cwleudar deyt A%ereaffer, the City shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars which render it defective. The Clerk shall promptly send a copy of the certificate to the petitioners' committee by mail, and shall file a copy with the City Council. 4.1 A petition certified insufficient for lack of the required umber of valid signatures may be amended once, if all petitions filed contain a total equal to the number of signatures required under Sec. 1 of this Ordinance, and if the petitioners' Committee files a notice of intention to amend it with the Clerk within 2 days after receiving the copy of the Clerk's certificate. Within 1'O days after this notice of Intention is filed, the committee may file a supplementary petition to correct the deficiencies in the original. Such supplementary petition, in form and content, =at comply with the requirements for an original petition under See. 3. 4.2 within 5 days afmr a suwplemwa xy potition is filed, the clerk shall complete and file a cetlfiaate as to its sufficierc in the sumer prwddad for in an original petition. 4.3 Man an original or nmplerentaty petition has basil certd£dai insufficient, the cvmattee, within 2 days after receiving the copy of H Cuerk's certificate, nay file a r nest with the City Couioil for review. 4.4 The City Council shall inspect the petitions in substantially the Sere form, miser• and time as an election recount t stinq aid si awls due certificate of that inspection. %ne City Ccun it shall file a c of tlat certificate with the City Clerk and mil a copy to the Camattee. Mie cert[£Scate of the City council d a final tletevmtratlon of the sufficiency of the petitions. 4.5 My petition £imply deteoiined to he insufficient is wdd. 'Mus Clerk atoll scam the petition wid and seal arcl retain it in the mess required for secret ballots. Sec. 5 Mtimu of cetition. she £ollowhsg pxocedtae shall ke followed upon receipt of a petition certdf bed to be sufficient: 5.1 Within 10 days of receipt of a report that a petition is sufficient, the City Cauncd stall by order pmvide for a public hearing on the question prapotai in the petition. Notice of the hearing shall be published in a nssvpaper My general circulation in the City of Bali at least 7 days prior to the haari g• and shall ccau in the text of the it and a Mief expleuatfon �f. The hearing spall be candauted by the City Counoa. 5.2 Within ] days after the public Marirg, the City Cmacil shall file with the vonfcipsl clerk a xepxt containing the proposed question and a vaitten opinion by m attorney admitted to the Bar of L State as to wtsthe: the proposal mntaire any pwdsdon proMbited by Bangui City Charter, the gaaral laws, the united States Constitution, or the Constitution of Balne. 5.3 wleawc thea Ms been =ginned as afoxasaid a patftion for the reference to the people of arty such oniimrce, order or resolve passed by the City Council, and rile required ember of valid signatures have been obtained, the saia s} l he suspended from QJing into OjRY8t f m t date of said public h ung uM11 it has been submitted to a woe of the people. Within 10 days after the cvmletdon of said public hearing the Couch shall set a date for the holding of a special election at uhfch tls propaei or suspended oNbarce, ordee or resolve shall be submitted to the rotes of the City, which -5- special election shall rot to held less then 60 days after said poElic hair c , The b nrcil, in its discretion, may sutsit the matter at the text regular n. rmOiPal on held not less than 60 days a2OOr said Public hear} ' prior to tha date of said electioo, all pvvcsd_ 1n9 said petitions shall texmtate in t119event of either the following: in tie case of a refexerdms, the entire-re[a l of theo:ditsrta, nide or resolve sought to be Rfarr69; and !n the case of ao initiative, the passage by the MY C ilof tte desira'1 �, order or resolve. �. fi b� imm a1u: sat of vatiog at nwraripal alectiona for dip 11 shall be in tie same nanrer' otherwise press= by law. age a,ious used when votio9 on such p c ordtan:e, carer or resolve shall set forth tte title thsraf in fill aW state its gew.a+ nature, a i shall w'rtain Ge words -FOR ' =IlmtA2, OBDER oR RFSO w a 1 "aG43HSE 15g mIlMm, ORCFA OR AES - m 6.1 lmotex infornation. A copy of tie petition for airy ordixae, oides or xesolve sulmitted P rs Ont m ec this shall le Posted in the City Clerk's o£fica at least 2 reeks Prior to the dais of the electlon. Sec. ] pMb'toOpry gr any otirorrce, order or resolve is requusl tY to, provisions of this Article to to suhsitted to the voters of the City at an electboo, the City at to be netle in x�.sP orto a rEmal C xcelation in rile ��f arthsOrs u 15 days prior to tie elattioO'raj, m then 10 rays, mor Sec. 8 li ns' nide n olvee. A f prcpo� or referral m^•^"", or axs or resolves way he inial upon at the lama election. In the eveOt that tO or noxa oxdinaoes, ox2sxs or solves adopted at the sass election shall coraiO conflicting provisions, the onlinaice, order' or resolve receiving the tigtest rsnsber of votes at such election shall to Paraiornt, a all question of construction shall be dstexmma acoordugly. Sao. 9 Order on the ballot. Sn tie event that oar or noxa ordns++cas, oxdera or resolves are suiaittal at t]e score election, t1'ay shall is plaoxl visa the ballot p order of the priority of the filbu; of the respective patitions sod shall Ix grim pxec rstra upon the ballot oyes arty all all questions subattei by the city Camcil on its rasa initiative- or Sa. 10 Oi. ord resolvessuhnu tai W the Citv Council io .i,. vote. 1 City Cwv<il maY sutmrt on its can r+u t ve vgpa proposition for the enactment, repeal orn>Aan arentlnent of aqY Oni OriOOO, order or resoleve, p t as otheraise Prov, to th votes uron at say mmicipal election, and should such proposition receive avajority Of the votes cast theism at such election, such erdirance, Ordat or sole shall lz enacted, repealed or asoded accorduglY' -b - Sec. 11 aeeult of election. if a majority of the voters voting on said proposed ordinance, order or resolve or said referred ordinance, order or acme, shall votein favor thereof, such ordinance, order n some shall rake effect s days after the declaration of the official canvass of the return of said election. Sec. 13 Effect of enactment. No ordinance, order or resolve proposed by petition and adopted by vote of the electors sball be subject to amendment orrepeal by the City Council for a period of 3 years from the date of enactment wlthbut recitation by the voters.