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Home My WebLink AboutOrdinance 5528 ORDINANCE NO. 5528 AN ORDINANCE TO AMEND §36.01 INITIATIVE PETITIONS; WHEN TO BE FILED TO CHANGE 60 DAYS BEFORE THE GENERAL ELECTION TO 83 DAYS BEFORE THE GENERAL ELECTION TO FACILITATE BALLOT PRINTING FOR EARLY VOTING WHEREAS, early voting especially for armed service members stationed overseas require ballots to be prepared early enough to ensure our citizens have the right to vote; and WHEREAS, the Arkansas Constitution provides: "In municipalities and counties the time for filing an initiative petition shall not be fixed at less than sixty days nor more than ninety days before the election," Art. 5 § 1 ; and WHEREAS, to help ensure the City Clerk has sufficient time to inspect an initiative petition and allow the petitioner sufficient time to correct minor mistakes or obtain replacement signatures, the period of time for filing initiative petitions should be extended from 60 days before the election to 83 days before the election. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends §36.01 Initiative Petitions; When To Be Filed by repealing the current language and enacting new language under the same title: "All municipal initiative petitions shall be filed pursuant to Amendment 7 of the Constitution of the State of Arkansas found in Article 5 § 1 of the Arkansas Constitution. These initiative petitions shall be filed no later than 83 days before the general election date." PASSED and APPROVED this 18'" day of September, 2012. APPROVED: ATTEST: Nx� ''kK l TRE`' .: -� _P • ' Z �; FAYETIEVIL1A ZZ By: ' By: F�y s`L• 9� P� LIONELD J AN, ayor SONDRA E. SMITH, City Clerk/Trea3r •. AN`' ��4�HG iinlN```` City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/18/2012 City Council Meeting Date Agenda Items Only Sondra E. Smith City Clerk City Clerk Submitted By Division Department Action Required: 36.01 Initiative Petitions; When To Be Filed Change the time to file an initiative petition with the City of Fayetteville from at least 60 days to at least 90 days. All initiative petitions under Amendment 7 to the Constitution of the State of Arkansas must be filed with the City Clerk at least 90 days before the regular municipal election at which the proposed measure is to be voted upon. Cost of this request Category / Project Budget Program Category / Project Name i $ Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Department Director Date Original Contract Date: ?.oI L Original Contract Number: City Attomey 11 Date Finance and Internal Services Director Date Received in City 08 -29 - 1 2 P05 : 00 RCVD Clerk's Office trfft CDate Received in Mayor's Office Sate Date Comments: Revised January 15, 2009 Office of the City Clerk Treasurer aye Sondra e Sondra E Smith, City Clerk Treasurer Lisa Branson, Deputy City Clerk A R K A N S A S Phone: (479) 575-8323 Fax: (479) 718-7695 city_clerk@cj.fayet1eville.ar.us Departmental Correspondence To: Mayor Lioneld Jordan City Council CC: City Attorney Kit Williams Chief of Staff Don Marr From : Sondra Smith, City Clerk/Treasurer crec�• Date: August 29, 2012 RE: Initiative Petitions County Clerk Karen Pritchard has requested that we discuss changing City Code 36.01 Initiative Petitions; When to be Filed. The current code is as follows: 36.01 Initiative Petitions; When To Be Filed All initiative petitions under Amendment 7 to the Constitution of the State of Arkansas must be filed with the City Clerk at least 60 days before the regular municipal election at which the proposed measure is to be voted upon. The proposal is to change the date to file initiative petitions to ninety (90) days before the regular municipal election at which the proposed measure is to be voted upon. The deadline for the County Clerk to have ballots printed and sent to service people is forty five (45) days before the election. Once the City Clerk receives an initiative petition the signatures on the petition must be checked which could take one week or longer. This does not give the County Clerk time to get the information from the City and get the ballots proofed and printed before the forty five (45) days ballots must be sent to service people. The County Election Commission has a deadline of seventy (70) days before an election to receive items for the ballot. Washington County has established ninety (90) to one hundred and twenty ( 120) days for their deadline. Changing our initiative petition deadline will assist everyone with the process and ensure correct and timely ballots. Telecommunications Device for the Deaf TDDITTY (479) 521-1316 113 West Mountain — Fayetteville, AR 72701 ORDINANCE NO, AN ORDINANCE TO AMEND §36.01 INITIATIVE PETITIONS; WHEN TO BE FILED TO CHANGE 60 DAYS BEFORE THE GENERAL ELECTION TO 83 DAYS BEFORE THE GENERAL ELECTION TO FACILITATE BALLOT PRINTING FOR EARLY VOTING WHEREAS, early voting especially for armed service members stationed overseas require ballots to be prepared early enough to ensure our citizens have the right to vote; and WHEREAS, the Arkansas Constitution provides: "In municipalities and counties the time for filing an initiative petition shall not be fixed at less than sixty days nor more than ninety days before the election," Art. 5 § 1 ; and WHEREAS, to help ensure the City Clerk has sufficient time to inspect an initiative petition and allow the petitioner sufficient time to correct minor mistakes or obtain replacement signatures, the period of time for filing initiative petitions should be extended from 60 days before the election to 83 days before the election. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends §36.01 Initiative Petitions; When To Be Filed by repealing the current language and enacting new language under the same title: "All municipal initiative petitions shall be filed pursuant to Amendment 7 of the Constitution of the State of Arkansas found in Article 5 § 1 of the Arkansas Constitution. These initiative petitions shall be filed no later than 83 days before the general election date." PASSED and APPROVED this 18`h day of September, 2012. FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION CHAPTER 36: ELECTIONS ARTICLE I GENERAL PROVISIONS 36.01 Initiative Petitions; When To Be Filed All initiative petitions under Amendment 7 to the ,, ,� ,, Constitution of the State of Arkansas must be filed with (�G� V LLiI/'�-{— the City Clerk at least 60 days before the regular municipal election at which the proposed measure is to be voted upon. l0 (Code 1985, §2-22.1; Ord. No. 2472, 10.3-78; Code 1991, O�¢� §36.01) state law rsfarenee(s) -Form of Initiative pe99on- suHiciency of signatures, ALA. §7-9-104. 36.0236.14 Reserved ARTICLE II REFERENDUMS 36.15 When Petition To Be Filed All referendum petitions under Amendment 7 to the Constitution of the State of Arkansas must be filed with the City Clark within 31 days after the passage of the ordinance to which it relates. (Code 1865, §2-19; Ord. No. 588, 12-21-25; Code 1991 , §36.15) slab law reference(s)--Form of refereMum pe0tlon- suf clency of signatures, A.CA §7.0.105(a). 36.16 - 36.99 Reserved CD36:3 � IIF 162 163 LE( US.ATtvc DPAPt%l Art. 5, § 1 I , li hive. voters of each mwaicipality and county as to all local, special and cent municipal legislation of every character in and for their respective and municipalities and counties, but no local legislation shall be enacted e so contrary to the Constitution or any general law of the State, and any with general law shall have the effect of repealing any local legislation which in at is in conflict, therewith . :lays Municipalities may provide for the exercise of the initiative and )een i referendum as to their local legislation. General laws shall be enacted �tt, °1' Of providing for the exercise of the initiative and referendum as to ' l counties. Fifteen per cent of the legal voters of any, municipality or 'oI the county may order the referendum, or involve the initiative upon any 11 egal local measure Iln municipalities the number of signatures requires] Act, upon any petition shall be computed upon the total vote cast for the �a oral office of mayor at the lastrecech = eneral election; in counties u ore the office of circuit n mumctpalities an( coun res e time for the mg an mt dative petition shall not be fixed at less than sixty days nor pith more than ninety days before the election at which it is to be voted nal FF upon or a r , r n um petit ion at not less than thirty days nor more ten an ninety days after the passage of such measure by a municipal .ter council, nor less than ninety days when filed against a local or special measure passed by the General Assembly. : 'ay Ever extension, enlargement,in y g ' grant, or conveyance of a franchise or ;he any rights, property, easement, lease, or occupation of or in any road, ;he street, alley or any part thereof in real property or interest in real son property owned by municipalities, exceeding in value three hundred dollars, whether the same be by statute, ordinance, resolution, or t lie otherwise, shall be subject to refereladuna and shall not be subject to M en emergency legislation. :SS ch GENB•BAr, PROV/S/0NS Definition. The ward "measure" as used herein includes any bill , lie law, resolution, ordinance, charter, constitutional amendment or legis- Lit lative proposal or enactment of any character. :a No Veto. The veto power of the Governor or mayor shall not extend ar to measures initiated by or referred to the people. ' �? to Amendment and Repeal. No measure approved by a vote of the ;e people shall be amended or repealed by the General Assembly or by any it, city council, except upon a yea and nay vote on roll call of two-thirds of !s all the members elected to each house of the General Assembly, or of the 'e city council, as the case may be. d Election. All measures initiated by the people whether for the State, n county, city or town , shall be submitted only at the regular elections, v either State, congressional or municipal, but referendum petitions may a be referred to the people at special elections to be called by the proper official, and such special elections shall be called when fifteen per cent 1. of the legal voters shall petition for such special election, and if the referendum is involved as to any measure passed by a city or town lcouncil, such city or town council may order a special election. ' 3 S Itf� T: A ;, ' . ORDINANCE NO. AN INANCE TO AMEND §36.01 INITIAT E PETITIONS; WHEN TO BE FILED TO CHANGE 60 D S BEFORE THE GENERA ELECTION TO BETWEEN 90 D YS AND 83 DAYS BEFORE E GENERAL ELECTION TO ACILITATE BALLOT PRINTING R EARLY VOTING WHEREAS, early vot' g especially for ed service members stationed overseas require ballots to be prepared ear enough to ensu our citizens have the right to vote; and WHEREAS, the Arkansas nstitutio provides that a city may choose when initiative petitions must be filed anywhere betwe 90 ays and 60 days before the election; and WHEREAS, to help ensure the ' y Clerk has sufficient time to inspect an initiative petition and allow the petitioner suffici in ti a to correct minor mistakes or obtain replacement signatures, the period of time for filin initiativ petitions should be extended to be from 83 to 90 days before the election. NOW, THEREFORE E IT ORDAINE BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILL ARKANSAS: Section 1 : That t City Council of the City of ayetteville, Arkansas hereby amends §36.01 Initiative Petiti s; When To Be Filed by repeali the current language and enacting new language under th same title: "All municipal ini ' tive petitions shall be filed pursuant to Am dment 7 of the Constitution of the State of Ar nsas found in Article 5 § 1 of the Arkansas 'onstitution. These initiative petitions shall filed no earlier than 90 days nor later than 83 da before the general election date." P SSED and APPROVED this 4`h day of September, 2012. NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF SAS TIMES ? WSPAPE16LLC ENTON COUNTY DERS NORTHWEST AILY REECCORD 212 NORTHEAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOx 1607. 72702 1479442-1700 1 www.NwANEm.COM AFFIDAVIT OF PUBLICATION RECEIVED I, Karen Caler, do solemnly swear that I am the Legal Clerk of the OCT U 3 2012 Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, CITY OF FAYETTEVILLE that from my own personal knowledge and reference to the files CITY CLERKS OFFICE of said publication, the advertisement of: City of Fayetteville- ORDINANCE NO. 5528 1 Ordinance 5528 536.01 N ORDINANCE AMEND I ye evl le NITIATIVE PETITIONS; ; WHEN TO BE BE Was Inserted in the Regular Editions On: FILED TO CHANGE 60 DAYS BEFORE THE GENERAL ELECTION ,TO^83 DAYS BEFORE xnxexsxs September 27, 2012 THE GENERAL ELECTION TO FACILITATE BALLOT PRINTING FOR EARLY VOTING WHEREAS, early voting especially for armed service members stationed overseas require ballots to be prepared early enough to ensure our citizens have the right to vote; and Publication Charges: $ 90.79 f WHEREAS, me Arkansas Constitution Provides: "In municipalities and counties g the time for filing an initiative petition shall not be fixed at less than sixty days nor more than ninety days before the election," Art. 5 §7; and WHEREAS, to help ensure the City Clerk has sufficient time to Inspect an initiative Petition and allow the Petitioner sufficient time to correct minor mistakes or obtain replacement signatures, the period of time for filing initiative Petitions should be extended from 60 days before the election to 83 days before the election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY d / , Se tion 1:FAYETThat the ARKANSAS: -I�LJ�r / YwTNWIw' 'J Section 1: That the Ciry Council of the City of sled by rep Arkansas hereby amends guag §36.01 Initiative Petitions; aWhen and r t Be m Filed by repealing the current Karen Cater language and enacting new language under the same title: "All municipal Initiative Petitions shall be filed pursuant to Amendment 7 of the Constitution of the State of Arkansas found in Article 5 §1 of the Arkansas Constitution. These initiative Petitions shall be filed no later than 83 days before the general election date." Subscribed and sworn to before me PASSED and APPROVED this 18th day of September, 2012. Gb This day Of , 2012. APPROVED: ATTEST: Y By: f n LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer V Notary Public My Commission Expires: Zjuj L01%� CATHY J. WILES Benton County My Commission Expires .m February 20, 2014 * *NOTE* * Please do not pay from Affidavit. 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