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Article 3
ARTICLE III. INITIATIVE, REFERENDUM AND RECALL
Sec. 3.01. Power of Initiative, Referendum, and Recall. 
    (a) The City’s registered voters may exercise the following powers through petition by requesting that: 
        
        (1) Initiative. The council enact a new ordinance and, if the council fails to do so, hold an election to approve or reject the new ordinance. 
        
        (2) Referendum. The council may repeal all or part of an existing ordinance, and, if the council fails to do so, hold an election to approve or reject the ordinance. 
        
        (3) Recall. A council member resign from office for the reasons set forth in the petition and, if the member fails to do so, hold an election on the recall. 

    (b) The power of the initiative and referendum does not apply to ordinances relating to: 
        
        (1) Financial matters, including the budget, the levy of taxes, or the issuance of bonds or debt instruments; 
        
        (2) The salaries of officers or employees; 
        
        (3) Matters which are not legislative in character or which have been withdrawn or excluded by general law from the operative field of initiative or referendum; and 
        
        (4) Matters where a State or Federal law provides for an election and related election procedures.
(Ordinance No. 1820, § 1, 5-24-2011)

Sec. 3.02. Requirements for All Petitions. 
    (a) In this Article, “Initial Petition Date” means the date the first signature was obtained on any of the copies of an initiative, referendum, or recall petition. 
    
    (b) A petition consists of all the written information, signatures, and documents required by this article. More than one copy of a petition may be circulated at one time, but each copy of the petition must comply with the requirements of this article. 
    
    (c) All petitions must be uniform in size and style. 
    
    (d) All petitions must comply with the requirements of Chapter 277 of the Texas Election Code, a copy of which is available from the city secretary. 
    
    (e) All petitions must contain the names and addresses of the same five registered voters, who serve as a “Committee of the Petitioners,” and are responsible for the circulation and filing of the petition, but need not personally gather the signatures for the petition. 

    (f) All petitions must include an affidavit, in a form provided by the city secretary, from each person circulating a petition, stating that: 

        (1) The affiant circulated that copy of the petition; 

        (2) All the signatures were made in that person’s presence; and 

        (3) It contains a stated number of signatures. 

    (g) One of the members of the Committee of Petitioners must submit a copy of the petition being circulated that contains the earliest dated signature to the city secretary within five business days of the Initial Petition Date. The city secretary will record the Initial Petition Date for purposes of verifying that the petition signatures were gathered within the time period required by this Article.
(Ordinance No. 1820, § 1, 5-24-2011)

Sec. 3.03. Requirements Applicable to Specific Petitions. 
    (a) An initiative petition must contain the full text of the ordinance sought to be enacted. 

    (b) A referendum petition must contain the full text of the ordinance or provision sought to be repealed. 

    (c) A recall petition must identify by name the council member whose removal is sought and the grounds for seeking removal. Each recall petition may only request the recall of one council member, but more than one recall petition may be submitted at one time for the recall of more than one member.
(Ordinance No. 1820, § 1, 5-24-2011)

Sec. 3.04. Petition Signatures. 
    (a) To be certified as sufficient for consideration by the council: 
        (1) An initiative or referendum petition must be signed by persons who were registered voters on the Initial Petition Date, in a number equal to or greater than 30% of those voting in the last city election. 

        (2) A recall petition for the recall of the mayor or an at-large council member must be signed by at least 25% of the City’s registered voters as of the Initial Petition Date; and 

        (3) A petition for the recall of a council member elected from a single-member district must be signed by at least 20% of the City’s registered voters residing in that district as of the Initial Petition Date. 

    (b) To be counted toward the number of required signatures for an initiative, referendum, or recall petition, the person signing the petition must: 

        (1) Have been a registered voter on the Initial Petition Date; 

        (2) Have signed the petition before the 46th day following the Initial Petition Date; and 

        (3) Meet any requirements of State law for being counted. 

    (c) If the number of signatures on a petition exceeds the number of signatures as stated in the circulator’s sworn statement for that petition, the latest signatures, by date, that exceed that number will not be counted. 

    (d) If the information provided with a signature is sufficient to verify that the person signing the petition was eligible to sign the petition on the date signed, the failure to follow any technical requirements of this Article or State law will not invalidate the signature. 

    (e) A signature on a petition may be withdrawn as provided by Chapter 277 of the Texas Election Code.
(Ordinance No. 1820, § 1, 5-24-2011)

Sec. 3.05. Submission and Review of Petition. 
    (a) All copies of the same petition must be compiled and filed as a single instrument with the city secretary at one time. 

    (b) The city secretary will examine the petition within 30 days of the date filed. 

    (c) The city secretary will certify the results of the examination to the council no later than the next regular council meeting following the expiration of the 30-day period. 

    (d) If the city secretary certifies that the petition is sufficient, the council will take the action appropriate for the type of petition as specified in this article. 

    (e) If the city secretary certifies to the council that the petition is insufficient: 

        (1) The council will take no action on the petition; and 

        (2) The city secretary will notify the Committee of Petitioners of the insufficiencies. 

    (f) Any supplemental petition submitted to the city secretary to address any insufficiencies will be governed by Chapter 272 of the Election Code. The city secretary will examine the supplemental petition and follow the same general procedures applicable to the initial petition, subject to the provisions of Chapter 272.
(Ordinance No. 1820, § 1, 5-24-2011)

Sec. 3.06. Initiative and Referendum Elections. 
    (a) Any number of ordinances may be voted on at the same election in response to one or more petitions for an initiative or referendum election. 

    (b) If two or more ordinances approved at the same election have conflicting provisions, the provision contained in the ordinance receiving the greater number of affirmative votes prevails.
(Ordinance No. 1820, § 1, 5-24-2011)

DIVISION 2. INITIATIVE
Sec. 3.07. Petition and Council Action. 
    (a) If the city secretary certifies to the council that an initiative petition is sufficient, the council must: 

        (1) Approve the initiated ordinance without amendment within 60 days of receiving the city secretary’s certification; 

        (2) Submit the initiated ordinance to the voters at the earliest election date allowed by law; or 

        (3) Submit the initiated ordinance to the voters at the earliest election date allowed by law along with an alternative ordinance proposed by the city council.
(Ordinance No. 1820, § 1, 5-24-2011)

Sec. 3.08. Effect of Election. 
    (a) If a majority of the votes are cast in favor of an ordinance, the ordinance becomes effective upon the effective date of the ordinance declaring the results of the election. 

    (b) The council may not repeal or amend an initiated ordinance within one year following the effective date of the initiated ordinance. 

    (c) If an initiated ordinance is defeated at the election, a petition for a new initiated ordinance on the same general subject matter may not be filed with the city secretary within two years following the date of the election.
(Ordinance No. 1820, § 1, 5-24-2011)

DIVISION 3. REFERENDUM
Sec. 3.09. Petition and Council Action. 
    (a) A referendum petition must be submitted to the city secretary within 180 days following the date the council approves an ordinance for which a referendum is sought. 

    (b) If the council fails to repeal the ordinance within 60 days of the date the city secretary notifies the council that the petition is sufficient, the council must call an election for the earliest date allowed by law.
(Ordinance No. 1820, § 1, 5-24-2011)

Sec. 3.10. Effect of Election. 
    (a) If a majority of the voters fail to vote in favor of retaining an ordinance that is subject to a referendum petition, the ordinance is deemed repealed on the date the council approves the ordinance declaring the result of the election. 

    (b) The council may not re-enact the same or substantially similar ordinance within one year of the date the referendum ordinance is repealed.
(Ordinance No. 1820, § 1, 5-24-2011)

DIVISION 4. RECALL
Sec 3.11. Resignation or Election.
If a recall petition is certified by the city secretary to be sufficient and the council member whose removal is sought does not resign within five calendar days after the city secretary’s certification to the council, the council must order a recall election for the earliest date allowed by law.
(Ordinance No. 1820, § 1, 5-24-2011)

Sec. 3.12. Results of Recall Election.
If the majority of the votes cast at the recall election are in favor of the removal of the council member recalled, the council member recalled is deemed to have vacated his office at the time and date the council votes to approve the ordinance declaring the results of the election. A council member removed by recall may not be appointed for the unexpired term of the office vacated.
(Ordinance No. 1820, § 1, 5-24-2011)

Sec. 3.13. Limitations on Recall. 
    (a) A recall petition may not be filed against a council member within six months of the date he or she takes office. 

    (b) A council member is not subject to more than one recall election during any one term of that office. 
(Ordinance No. 1820, § 1, 5-24-2011) 

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