Fort Walton Beach Council agenda — 02-19-08 workshop agenda — reading text

at least 10% of the total number of electors registered to vote at the last regular City election. ii) Form and Content. All papers of a petition shall be assembled as one instrument of filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of signature and the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. iii) Affidavit of Circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that s/ he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his/her presence that s/ he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer has an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. C; 20 10- 15- 2005 5 0Q,  C -5. 2 CHARTER § C -5. 2 iv) Filing Deadline. All initiative and referendum petitions must be filed within 60 days of the date on which proceedings with respect to such initiative or referendum are commenced. d) Procedure for Filing. i) Certificate of Clerk; Amendment. Within 20 days after initiative petition is filed or within five days after a referendum petition is filed, the Clerk shall complete a certificate as to its sufficiency ( "the Certificate ") specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the Certificate to the petitioners' committee by registered mail. Grounds for insufficiency are only those specified in subsection ( c) of this section. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk within two business days after receiving the copy of the Certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of such Certificate. Such supplementary petition shall comply with the requirements of paragraphs ( i), (ii) and ( iii) of subsection ( c) of this section, and within five days after it is filed the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Commission review under paragraph ( ii) of this subsection ( d) within the time required, the Clerk shall promptly present his/her certificate to the Commission and within 60 days the Certificate shall then be a final determination as to the sufficiency of the petition. ii) Commission Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two business days after receiving the copy of such certificate, file a request that it be reviewed by the Commission. The Commission shall review the certificate as its next meeting following the filing of such request and approve or disapprove it, and the Commission' s determination shall then be a final determination as to the sufficiency of the petition. e) Action on Petitions. i) Action by Commission. When an initiative or referendum petition has been finally determined sufficient, the Commission shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance by voting its repeal, all in the manner provided in Article 4. If the Commission fails to adopt a proposed initiative ordinance without any change in substance within 45 days or fails to repeal the referred ordinance within 30 days, it shall submit the proposed or referred ordinance to the electors of the City. If the Commission fails to act on a proposed initiative ordinance or a referred C:21 10- 15- 2005 S-.jr- 40  C -5. 2 SUNNY ISLES BEACH CODE § C- 5. 3 ordinance within the time period contained in paragraph ( i) of subsection ( e) of this section, the Commission shall be deemed to have failed to adopt the proposed initiative ordinance or failed to repeal the referred ordinance on the last day that the Commission was authorized to act on such matter. ii) Submission to Electors. The vote of the City on a proposed or referred ordinance shall be held not less than 30 or more than 60 days from the date the Commission acted or was deemed to have acted pursuant to paragraph ( i) of this subsection ( e) that the petition was determined sufficient. If no regular election is to be held within the period described in this paragraph, the Commission shall provide for a special election, except that the Commission may, in its discretion, provide for a special election at an earlier date within the described period. Copies of the proposed or referred ordinance shall be made available at the polls. iii) Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote by the City by filing with the Clerk a request for withdrawal signed by at least 18 members of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. f) Results of Election. i) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. If the proposed initiative ordinance fails, it or any ordinance that is substantially similar, may not be submitted in accordance with this article for at least a period of one year from the election. ii) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. C -53. Form of Ballots. A Charter amendment, ordinance or other, ballot issue to be voted on by the electors shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: " Shall the above described [ amendment/ ordinance/proposal] be adopted ?" Immediately below such question shall appear, in the "following order, the word "' YES" and also the word "NO ". C :22 10- 15- 2005  C -6. 1 CHARTER § C -7. 1 ARTICLE 6 CHARIER AMENDMENTS C -6. 1. Procedure to Amend. The Charter may be amended in accordance with these provisions: a) Initiation by Ordinance. The Commission may, by ordinance, propose amendments to this Charter and upon passage of the initiating ordinance shall submit the proposed amendment to a vote of the electors at the next general election held within the City or at a special election called for such purpose. b) Initiation by Petition. The electors of the City may propose amendments to this Charter by petition. Each petition proposing amendments to this Charter shall be commenced, in the form, filed, certified as to its sufficiency and/or withdrawn in the same manner as an ordinance proposed by initiative pursuant to § C -5. 2. c) Submission to Electors. Upon certification of the sufficiency of the petition, the Commission shall submit the proposed amendment to a vote of the electors at the next general election if such election is scheduled to be held not less than 60 days or more than 120 days from the date on which the petition was certified or at a special election called for that purpose. A special election, if necessary, shall be held not less than 60 days or more than 120 days from the date on which the petition was certified. d) Results of Election. If a majority of the qualified electors voting on a proposed amendment vote for its adoption, it shall be considered adopted upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. C -6.2. Form of Ballot. Any