HomeMy WebLinkAboutORD 27889 0
BILL NO.5
ORDINANCE NO. 2788
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, PASSED IN
ACCORDANCE WITH IDAHO CODE §§ 50 -501, AMENDING CALDWELL
MUNICIPAL CODE SECTION 01- 07 -03, SUBSECTIONS (2), (3) AND (5), TO ADD
WARNING LANGUAGE TO EACH PETITION TO BE CIRCULATED, TO CHANGE
THE SIZE OF PAPER ON WHICH INITIATIVE AND REFERENDUM PETITIONS
ARE REQUIRED TO BE PRINTED, TO LENGTHEN THE TIME FOR PERFECTION
OF INITIATIVE AND REFERENDUM PETITIONS WITH THE REQUIRED NUMBER
OF CERTIFIED SIGNATURES TO SEVENTY FIVE (75) DAYS, AND TO MAKE
OTHER MINOR AND GRAMMATICAL CHANGES TO MAKE THE SECTION
CONSISTENT WITH IDAHO CODE; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RULES
AND REGULATIONS, AND PARTS THEREOF, IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State
of Idaho:
Section 1. That Subsections (2), (3) and (5) of Section 3, Article 7, of Chapter 1 of the Caldwell
Municipal Code, entitled "Initiatives and Referendums," are hereby amended as follows:
01- 07 -03: INITIATIVES AND REFERENDUMS:
(2) NUMBER OF PETITIONERS REQUIRED: To enact an ordinance by initiative
or referendum, there shall be attached or appended to the petition the signatures of the
legal voters of the City equal to at least twenty percent (20 %) of the total number of
electors who cast votes at the last general election in the
City.
(3) FORM OF PETITION: The initiative petition shall be in substantially the
following form:
"WARNING
It is a felony for anyone to sign any initiative or referendum petition with any name
other than his own or to knowingly sign his name more than once for the measure, or
to sign such petition when he is not a legal voter.
INITIATIVE PETITION
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Initiative Petition to the Mayor and City Council of the City of Caldwell, Idaho: We,
the undersigned citizens and legal voters of the City of Caldwell, respectfully demand
that the following proposed ordinance, to -wit: (setting out full text of measure
proposed) shall be submitted to the legal voters of the City of Caldwell, for their
approval or rejection at an election to be called in accordance with Idaho Code
Section 50- 501(3) and each for himself says: I have personally signed this petition; 1
am a legal voter of the City of Caldwell; my residence and post office are correctly
written after my name.
Signature Printed Name Residence Ci1y or Date
Street and Post Office
Numher
(Here follow numbered lines for signatures)"
(The petition for referendum on any ordinance passed by the City Council shall be in
substantially the same form with appropriate title and changes, setting out in full the
text of the ordinance to be referred to the people for their approval or rejection.)
(5) Printing of Petition and Sheets for Signatures; Time Limits for Perfecting Petition:
A. Before or at the time of beginning to circulate any petition for initiative
or referendum, the person or persons, organization or organizations under
whose authority the petition is to be circulated, shall send or deliver to the
City Clerk a copy of such petition duly signed by at least twenty (20) electors
eligible to sign such petition. The Clerk shall immediately examine the
petition and specify the form and kind and size of paper on which the petition
shall be printed and circulated for further signatures. All petitions and sheets
for signatures shall be printed on a good quality bond er-�paper, on
pages eight and one -half inches (8 1/2") in width by thiAeen inches " (1 3 ")
fourteen inches M in length, with a margin of one and three- fourths inches
(1 3/4 ") at the top of binding, and the sheets for signatures shall have
numbered lines thereon from one (1) to twenty (20) for signatures; the petition
shall be prepared in Sections, with each Section numbered consecutively.
Each Section of a petition must have a printed copy of the petition as the first
page, and each Section shall have attached to it not more than ten (10) sheets
for signatures.
B. The City Clerk shall indicate in writing on the petition that he has
approved it as to form T �k , and shall inform the person or persons, or
organization or organizations under whose authority the petition is to be
circulated, in writing, that the petition must be perfected with the required
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number of certified signatures within sib ) seventy -five (75) days
following the date of approval as to form. Any petition that has not been
perfected with the required number of certified signatures within the sixty (60)
seventy-five (75) days allowed shall be declared null and void ab initio in its
entirety.
Section 2. This ordinance shall be in full force and effect from and after its passage, approval,
and publication, according to law.
Section 3. This ordinance is hereby declared to be severable. If any portion of this ordinance is
declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in
full force and effect and shall be read to carry out the purposes of the ordinance before the
declaration of partial invalidity.
Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 6th day of
April, 2009.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 6 "' day of
April, 2009.
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