The Initiative Process
(from CODE OF ORDINANCES CITY OF WICHITA FALLS, TEXAS)
Sec. 39. - Initiative.
The electors shall have power at their option to propose ordinances and resolutions, including ordinances granting franchises and privileges, and to adopt the same at the polls, such power being known as the initiative.
A petition meeting the requirements hereinafter provided and requesting the city council to pass an ordinance or resolution therein set forth shall be termed an initiative petition and shall be acted upon as hereinafter provided.
The term "measure" as used in this Charter shall include the terms "ordinance" and "resolution."
Sec. 40. - The Initiative Petition.
Signatures to initiative petitions need not all be on one paper, but the circulator of each such paper shall make an affidavit that the signatures appended thereto were made in his/her presence and are the genuine signatures of the persons whose names they purport to be.
For a petition signature to be valid, a petition must contain, in addition to the signature, the signer's printed name as it appears on his/her voter registration card, the signer's voter registration number, his/her residence address by street and number, and if there is no street number, such other description sufficient to identify the place and the date of the signing. The signature is the only information that is required to appear on the petition in the signer's own handwriting.
All such petition papers pertaining to any one measure shall have written or printed thereon the names and addresses of at least five (5) electors who shall be officially regarded as filing the petition, and who shall constitute a committee of the petitioners for the purposes hereinafter named. All petition papers relating to the same measure shall be assembled and filed in the office of the city clerk as one instrument.
If this section is in conflict with any state law, such state law shall prevail.
Sec. 41. - Certification of Initiative Petition.
An initiative petition to be sufficient shall be signed by registered voters of the city in a number equal to or greater than ten (10) percent of those who voted in the last preceding regular municipal election, and in no case by less than three thousand (3,000) voters.
Within forty-five (45) days after the filing of a petition, the clerk shall ascertain whether it is signed as provided in this section, and shall attach thereto a certificate showing the result of his examination.
If, by the clerk's certificate, of which notice in writing shall be given to the committee of the petitioners, the petition is shown to be insufficient, it may be amended within fifteen (15) days of the date of such certificate by filing supplementary petition papers with additional signatures. Within thirty (30) days after such an amendment, the clerk shall make an examination of the amended petition, and if his certificate shall show the same still to be insufficient, he shall file the petition in his office and notify each member of the committee of that fact.
The final finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.
If this section is in conflict with any state law, such state law shall prevail.
(Ord. No. 14-2006, § 2, 2-21-2006, ref. 5-13-2006)
Sec. 42. - Council Action on Initiative.
If an initiative petition be found sufficient, the clerk shall so certify and shall submit the measure to the city council at its next meeting, and the city council shall at once read and refer it to an appropriate committee, which may be a committee of the whole. Provisions shall be made for public hearings upon the proposed measure before the committee to which it is referred.
Thereafter the committee shall report the measure to the city council, with its recommendation thereon, not later than sixty (60) days after the date upon which such measure was submitted to the board by the city clerk. Upon receiving the measure from the committee the city council shall at once proceed to consider it and shall take final action thereon within thirty (30) days from the date of such committee report.
Sec. 43. - Council Refusal or Modification of Initiative.
If the city council shall fail to pass a proposed measure, or shall pass it in a form different from that set forth in the petition therefor, the committee of the petitioners may require that it be submitted to a vote of the electors either in its original form or with any change or addition presented in writing at a public hearing before the committee to which it was referred, or during its consideration by the city council.
If the committee of the petitioners require the submission of the measure to a vote of the electors they shall certify that fact to the clerk and file in his office a certified copy of the measure, in the form in which it is to be submitted, within ten (10) days after final action on such measure by the city council.
Sec. 44. - Initiative Election.
Upon receiving the certificate and certified copy of the proposed measure, as provided in the foregoing section, the city clerk shall certify the fact to the city council at its next regular meeting.
The city council shall forthwith call an election on the measure at the earliest date authorized by the Texas election laws.
Any such measure approved by a majority of the electors voting thereon shall be considered adopted and shall take effect at the time indicated therein.
Sec. 45. - Abeyance of Council Action.
When a measure proposed by initiative petition is passed by the city council, but not in its original form, and is required by the committee of the petitioners to be submitted to a vote of the electors, the measure as passed by the city council shall not take effect until after such vote, and, if the measure so submitted be approved by a majority of the electors voting thereon, the measure as passed by the city council shall be deemed repealed.
The electors shall have power at their option to propose ordinances and resolutions, including ordinances granting franchises and privileges, and to adopt the same at the polls, such power being known as the initiative.
A petition meeting the requirements hereinafter provided and requesting the city council to pass an ordinance or resolution therein set forth shall be termed an initiative petition and shall be acted upon as hereinafter provided.
The term "measure" as used in this Charter shall include the terms "ordinance" and "resolution."
Sec. 40. - The Initiative Petition.
Signatures to initiative petitions need not all be on one paper, but the circulator of each such paper shall make an affidavit that the signatures appended thereto were made in his/her presence and are the genuine signatures of the persons whose names they purport to be.
For a petition signature to be valid, a petition must contain, in addition to the signature, the signer's printed name as it appears on his/her voter registration card, the signer's voter registration number, his/her residence address by street and number, and if there is no street number, such other description sufficient to identify the place and the date of the signing. The signature is the only information that is required to appear on the petition in the signer's own handwriting.
All such petition papers pertaining to any one measure shall have written or printed thereon the names and addresses of at least five (5) electors who shall be officially regarded as filing the petition, and who shall constitute a committee of the petitioners for the purposes hereinafter named. All petition papers relating to the same measure shall be assembled and filed in the office of the city clerk as one instrument.
If this section is in conflict with any state law, such state law shall prevail.
Sec. 41. - Certification of Initiative Petition.
An initiative petition to be sufficient shall be signed by registered voters of the city in a number equal to or greater than ten (10) percent of those who voted in the last preceding regular municipal election, and in no case by less than three thousand (3,000) voters.
Within forty-five (45) days after the filing of a petition, the clerk shall ascertain whether it is signed as provided in this section, and shall attach thereto a certificate showing the result of his examination.
If, by the clerk's certificate, of which notice in writing shall be given to the committee of the petitioners, the petition is shown to be insufficient, it may be amended within fifteen (15) days of the date of such certificate by filing supplementary petition papers with additional signatures. Within thirty (30) days after such an amendment, the clerk shall make an examination of the amended petition, and if his certificate shall show the same still to be insufficient, he shall file the petition in his office and notify each member of the committee of that fact.
The final finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.
If this section is in conflict with any state law, such state law shall prevail.
(Ord. No. 14-2006, § 2, 2-21-2006, ref. 5-13-2006)
Sec. 42. - Council Action on Initiative.
If an initiative petition be found sufficient, the clerk shall so certify and shall submit the measure to the city council at its next meeting, and the city council shall at once read and refer it to an appropriate committee, which may be a committee of the whole. Provisions shall be made for public hearings upon the proposed measure before the committee to which it is referred.
Thereafter the committee shall report the measure to the city council, with its recommendation thereon, not later than sixty (60) days after the date upon which such measure was submitted to the board by the city clerk. Upon receiving the measure from the committee the city council shall at once proceed to consider it and shall take final action thereon within thirty (30) days from the date of such committee report.
Sec. 43. - Council Refusal or Modification of Initiative.
If the city council shall fail to pass a proposed measure, or shall pass it in a form different from that set forth in the petition therefor, the committee of the petitioners may require that it be submitted to a vote of the electors either in its original form or with any change or addition presented in writing at a public hearing before the committee to which it was referred, or during its consideration by the city council.
If the committee of the petitioners require the submission of the measure to a vote of the electors they shall certify that fact to the clerk and file in his office a certified copy of the measure, in the form in which it is to be submitted, within ten (10) days after final action on such measure by the city council.
Sec. 44. - Initiative Election.
Upon receiving the certificate and certified copy of the proposed measure, as provided in the foregoing section, the city clerk shall certify the fact to the city council at its next regular meeting.
The city council shall forthwith call an election on the measure at the earliest date authorized by the Texas election laws.
Any such measure approved by a majority of the electors voting thereon shall be considered adopted and shall take effect at the time indicated therein.
Sec. 45. - Abeyance of Council Action.
When a measure proposed by initiative petition is passed by the city council, but not in its original form, and is required by the committee of the petitioners to be submitted to a vote of the electors, the measure as passed by the city council shall not take effect until after such vote, and, if the measure so submitted be approved by a majority of the electors voting thereon, the measure as passed by the city council shall be deemed repealed.