Initiative petition papers shall contain the full text of the
proposed legislation in the form of an ordinance including a descriptive
caption. The signature to the initiative or referendum petition need
not all be appended to one paper, but each signer shall sign his or
her name in ink or indelible pencil and shall add to his or her signature
his or her place of residence by street and number. One of the signers
of each separate petition shall make an affidavit that he or she only,
personally circulated such petition and that each signature appended
thereto was made in his or her presence and is the genuine signature
of the person whose name is on the page and each person represented
to him or her that he or she was a registered and qualified voter
of the City of Harlingen.
Within 30 days after an initiative or referendum petition is
filed, the City Secretary shall determine whether the petition is
signed by the requisite number of qualified voters. The City Secretary
shall declare void any petition paper which does not have an affidavit
attached to it as required. In examining the petition, the City Secretary
shall write the letters "D.V." in red ink opposite the names of signers
found not qualified to vote.
After completing examination of the petition, the City Secretary
shall certify the result to the City Commission at its next regular
meeting, stating the number of persons found on the petition who are
qualified to vote and the number of persons found on the petition
who are not qualified to vote. If the certificate of the City Secretary
shall show an initiative or referendum petition to be insufficient,
the City Secretary shall notify the person filing the petition, and
it may be amended within ten days from the date of the notice by filing
a supplementary petition with additional papers signed and filed as
provided for an original petition. Within fifteen (15) days after
the amendment is filed, the City Secretary shall examine the amended
petition and certify as to its sufficiency. If the amended petition
is found to be insufficient, the City Secretary shall return the petition
to the person filing it, without prejudice to the filing of a new
petition for the same purpose.
When the City Commission receives an authorized initiative petition
certified by the City Secretary to be sufficient, the City Commission
shall either: (a) pass the initiated ordinance without amendment within
sixty (60) days after the date of the certification to the City Commission;
or (b) submit the initiated ordinance without amendment to a vote
of the qualified voters of the City at a regular or special election
to be held within ninety (90) days after the date of the certification
to the City Commission; or (c) at the election, submit to a vote of
the qualified voters of the City the initiated ordinance without amendment,
and an alternative ordinance on the same subject proposed by the City
Commission.
When the City Commission receives an authorized referendum petition
certified by the City Secretary to be sufficient, the City Commission
shall reconsider the referred ordinance, and, if upon the reconsideration
the ordinance is not repealed, it shall be submitted to the voters
at a regular or special election to be held not more than ninety (90)
days after the date of certification to the City Commission. Special
elections on initiated or referred ordinances shall not be held more
frequently than once each six (6) months, and no ordinance on the
same subject as an initiated ordinance which has been defeated at
any election may be initiated by the voters within two years from
the date of such election.
The ballot used in voting upon an initiated or referred ordinance
shall state the caption of the ordinance and below the caption shall
be listed on separate lines the words, "For the Ordinance," and "Against
the Ordinance."
Where an initiated ordinance or an alternative ordinance proposed
by the City Commission is submitted, the ballot shall state the caption
of each ordinance, clearly designating them "Ordinance No. 1" and
"Ordinance No. 2," respectively, and shall list below the captions
on separate lines the words "For Ordinance No. 1," "For Ordinance
No. 2" and "Against Both Ordinances." Where an initiated ordinance
and an alternative ordinance are submitted, each voter shall vote
"For" only one ordinance or "Against Both Ordinances," and a vote
for one ordinance shall be counted as a vote against the other ordinance.
Any number of ordinances may be voted on at the same election
in accordance with the provisions of this article. If a majority of
the votes cast is in favor of a submitted ordinance, it shall immediately
be effective as an ordinance of the city. An ordinance so adopted
may be repealed or amended at any time after the expiration of two
years by a four-fifths (⅘) vote of the City Commission. A referred
ordinance which is not approved by a majority of the votes cast shall
be deemed immediately repealed.
(Ordinance 75-44, adopted 11/11/1975; Ordinance 06-14, adopted 3/1/2006; Resolution
06R-19, adopted 5/17/2006)