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HomeMy WebLinkAboutOrdinance 5759ORDINANCE NO. 5759 AN ORDINANCE TO ENACT ARTICLE III PROCEDURE TO EXERCISE INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS INTO THE FAYETTEVILLE CODE TO CLARIFY THE PROPER PROCEDURE FOR THE CITIZENS' RIGHT OF THE INITIATIVE AND REFERENDUM WHEREAS, Amendment 7 of the Arkansas Constitution (now codified as Article 5 § 1) states: "Municipalities may provide for the exercise of the initiative and referendum as to their local legislation;" and WHEREAS, the State Legislature has been granted express authority to provide "for the exercise of the initiative and referendum as to counties," (Amendment 7 of the Arkansas Constitution) and has enacted A.C.A. § 14-14-917 Initiative and referendum elections to provide for the proper exercise of the initiative and referendum for county ordinances; and WHEREAS, the lack of clarity for proper municipal referendum procedure led to litigation against Mayor Jordan, the City Council and City Clerk Sondra Smith after she certified the last referendum petition for a special election; and WHEREAS, this litigation can be avoided in the future if the City enacts proper procedures modeled upon long established state law for state and county initiatives and referendums. 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 enacts Article III Procedure To Exercise Initiative and Referendum Rights of Chapter 36: Elections into the Fayetteville Code to clarify the proper procedure for the citizens' right of the initiative and referendum for municipal legislation as follows: "Article III Procedure To Exercise Initiative And Referendum Rights § 36.20 Initiative and Referendum Petitions Pursuant to Article 5 § 1 of the Arkansas Constitution, the City establishes the following procedure for the exercise of the citizens' right of the initiative and referendum of city legislation. Page 2 Ordinance No. 5759 (a) The Petitioner shall ensure the form of any initiative petition complies with A.C.A. § 7-9-104. (b) The Petitioner shall ensure the form of any referendum petition complies with A.C.A. § 7-9-105. (c) The Petitioner shall ensure that any ballot title conforms with A.C.A. § 14- 14-917 (d)." PASSED and APPROVED this 7w day of April, 2015. ATTEST: By: '440n r 'v- & A-11" SONDRA E. SMITH, City Clerk Treasurer City of Fayetteville, Arkansas 113 West Mountain Street -y Fayetteville, AR 72701 - (479) 575-8323 Text File File Number: 2015-0008 Agenda Date: 4/7/2015 Version: 1 Status: Second Reading In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 2 ENACT ARTICLE III PROCEDURE TO EXERCISE INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS: AN ORDINANCE TO ENACT ARTICLE Ili PROCEDURE TO EXERCISE INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS INTO THE FAYETTEVILLE CODE TO CLARIFY THE PROPER PROCEDURE FOR THE CITIZENS' RIGHT OF THE INITIATIVE AND REFERENDUM WHEREAS, Amendment 7 of the Arkansas Constitution (now codified as Article 5 § 1) states: "Municipalities may provide for the exercise of the initiative and referendum as to their local legislation;" and WHEREAS, the State Legislature has been granted express authority to provide "for the exercise of the initiative and referendum as to counties," (Amendment 7 of the Arkansas Constitution) and has enacted A.C.A. § 14-14-917 Initiative and referendum elections to provide for the proper exercise of the initiative and referendum for county ordinances; and WHEREAS, the lack of clarity for proper municipal referendum procedure led to litigation against Mayor Jordan, the City Council and City Clerk Sondra Smith after she certified the last referendum petition for a special election; and WHEREAS, this litigation can be avoided in the future if the City enacts proper procedures modeled upon long established state law for state and county initiatives and referendums. 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 enacts Article III Procedure To Exercise Initiative and Referendum Rights of Chapter 36: Elections into the Fayetteville Code to clarify the proper procedure for the citizens' right of the initiative and referendum for municipal legislation as follows: "Article III Procedure To Exercise Initiative And Referendum Rights § 36.20 Initiative and Referendum Petitions City of Fayetteville, Arkansas Page 0 Printed on 9/2912015 File Number., 20150008 Pursuant to Article 5 § 1 of the Arkansas Constitution, the City establishes the following procedure for the exercise of the citizens' right of the initiative and referendum of city legislation. (a) The Petitioner shall ensure the form of any initiative petition complies with A.C.A. § 7-9-104. (b) The Petitioner shall ensure the form of any referendum petition complies with A.C.A. § 7-9-105. (c) The Petitioner shall ensure that any ballot title conforms with A.C.A. § 14-14-917 (d)." City of Fayetteville, Arkansas Page 2 Printed on 9/29,2015 Legistar ID No.: .20e 15— CWO 8 AGENDA REQUEST FORM FOR: City Council Meeting of January 20, 2015 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO ENACT ARTICLE III PROCEDURE TO INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS INTO THE FAYETTEVILLE CODE TO CLARIFY THE PROPER PROCEDURE FOR THE CITIZENS' RIGHT OF THE INITIATIVE AND REFERENDUM APPROVED FOR AGENDA: City Attorney Kit Williams Date Paul Becker, Finance Director nkt4vp^tY S. ZD15 Date � S� aoii Date ae 1�llsb1,'r��iVtC--t,f1C� (�_ f UID 1'xA11 Of MIN 0 , 1 $ DV! ' k � n A PtD n .t� �wlt �oux�cLt nth Co � Z-3 0 -TA - �11S;)Yt Af i-'tv-e u"Iti Nuobd r . DEPARTMENTAL CORRESPONDENCE mr� OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Assistant City Attorney City Council FROM: Kit Williams, City Attorney DATE: December 23, 2014 Patti Mulford Paralegal RE: Avoiding future litigation over ballot language for initiated or referred local legislation Prior to the recent referendum concerning the Civil Rights Administration ordinance, Fayetteville had not been forced into any litigation over a referendum's or initiative's proposed ballot language. Referral of the Road Impact Fee and Smoking Ordinance complied with the tests set forth for state legislation referendums and initiatives {A.C.A. § 7-9- 107 (c)} and the forms set forth for county ordinances {A.C.A. § 14-14-917 (d)}. However, neither of these statutes are controlling over the referendum or initiative of city ordinance because Amendment 7, now codified as Article 5 § 1 of the Arkansas Constitution places procedural power in the City Council. "Municipalities may provide for the exercise of the initiative and referendum as to their local legislation." This is only a general grant of procedural power to municipalities which must still follow other provisions of the Arkansas Constitution regarding how many signatures of local voters need to be obtained and the time period for the petition sponsors to gather such signatures. Other constitutional procedures including submission of the petitions of the City Clerk, the Clerk's examination and decision regarding the petitions 1