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
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DEPARTMENTAL CORRESPONDENCE
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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