Chapter 1.08
CHARTER AMENDMENTS
Sections:
1.08.010 Initiation by city council.
1.08.020 Resolution or ordinance--Ballot title.
1.08.040 Special election--Notice.
1.08.050 Manner of voting--Adoption.
1.08.060 Counting and canvassing.
1.08.070 Proclamation of adoption.
1.08.010 Initiation by city council.
An amendment to the Charter of the city, or a new charter, may be proposed and submitted to the legal voters thereof by resolution or ordinance of the city council without an initiative petition. The resolution or ordinance, as the case may be, shall be filed with the recorder for submission not later than fifteen days before the election at which it is to be voted upon, and no amendment to the Charter shall be effective until it is approved by the majority of the votes cast thereon by the legal voters of the city.
(Ord. 226 § 1, 1966)
1.08.020 Resolution or ordinance--Ballot title.
A. Where an amendment to the Charter of the city or a new charter is proposed and submitted to the legal voters of the city by resolution or ordinance of the city council without an initiative petition, the resolution or ordinance shall therein state the date of the regular municipal election or the date of the special election at which said Charter amendment or new charter will be submitted to be voted on, and shall call and make provision for such election.
B. When any resolution or ordinance is filed with the recorder as provided in Section 1.08.010, the recorder shall forthwith transmit a copy of such measure to the city attorney, who shall within two days provide and return to the recorder a ballot title for such measure. The ballot title shall be printed with the number of the measure on the official ballot. In making such ballot title, the attorney shall to the best of his ability give a true and impartial statement of the purpose of the measure and in such language that the ballot title shall not be an argument for, or liable to create prejudice against, such measure.
C. Any person who is dissatisfied with the ballot title provided by the attorney for any such measure may, within two days after the ballot title is returned to the recorder, appeal to the city council asking a different title and giving the reasons therefor, and stating why the title prepared by the city attorney is improper. The city council shall, by resolution, approve the ballot title prepared by the city attorney, or shall, by resolution, prescribe another ballot title therefor, and the ballot title so approved or so prescribed by the city council shall be the title placed upon the ballot. Such ballot title shall consist of a caption not exceeding six words in length by which the measure is commonly referred to or spoken of, followed by an abbreviated statement, not exceeding one hundred words in length, of the chief purpose of the measure, and shall not resemble insofar as possible any other ballot title filed for any measure. The recorder of the city, or the county clerk, as the case may be, shall number such measure and ballot title in the most convenient and consecutive manner. The first measure shall be numbered "51" in numerals. The succeeding measures shall be numbered consecutively "52," "53," "54," and so on, at each election.
D. It shall be the duty of the recorder, or county clerk, as the case may be, to print the ballot titles and numbers upon the official ballot. Charter amendments or a new charter submitted by the city council without initiative petition shall be designated "Chapter Amendments Submitted to the Voters by the City Council."
E. When charter amendments or a new charter are to be submitted to the voters by resolution or ordinance of the city council as provided in this chapter, the city council may in the resolution or ordinance, as the case may be, provide for a ballot title for the measure to be submitted, and in the event of such provision being made by the city council, the provisions of this section relative to the filing of the measure with the city attorney, the preparation by the attorney of a ballot title therefor, and the appeal to the city council from the ballot title so prepared, shall not apply.
(Ord. 226 §2, 1966)
1.08.030 Special election.
The city council may, by resolution or ordinance, call a special election to vote upon amendments to the City Charter or a new charter. When such a special election is called on charter amendments or a new charter proposed by resolution or ordinance of the city council, the city council shall, not less than ten days prior to such election, by resolution or ordinance, order such special election and shall specify and set forth in such ordinance or resolution the date of such special election, the time and place of holding such election, a full and correct copy of the title and text of each measure to be so submitted, with the numbers and form on which the ballot title will be printed on the official ballot, and shall also appoint in such resolution or ordinance judges and clerks of election; provided, however, that if any special election is called and held at the same time that any state or county general, special or primary nominating election is held in the city, then and in that event, the city council may designate the same polling places for each precinct, and the same persons as election officers for such state or county election.
(Ord. 226 §3, 1966)
1.08.040 Special election--Notice.
Where a special election is called as provided for in Section 1.08.030, the recorder shall post notices of such election in at least four public places in the city and also at each of the polling places for such election not less than ten days prior to the date of such election and shall publish notice of such election in one issue of a newspaper of general circulation in the city not less than ten days prior to the date of such election. No voters pamphlets or further or other notice of such election or of such measures to be voted upon shall be required. Such notices of election shall state the date, time and place of the election, the ballot titles of all measures to be voted upon, and that the full measures are open for examination at the office of the recorder. The recorder shall always have copies of every measure to be voted upon at his or her office for inspection by any legal voter of the city.
(Ord. 226 §4, 1966)
1.08.050 Manner of voting--Adoption.
The manner of voting upon measures submitted to the legal voters shall be the same as now is, or may hereafter be, provided by law. No measures shall be adopted unless it shall receive an affirmative majority of the total number of legal votes cast on such measure and entitled to be counted thereon. If two or more laws on the same subject or containing provisions that are conflicting, shall be approved by the voters at the same election, the measure receiving the greatest number of affirmative votes shall be proclaimed to be the law adopted.
(Ord. 226 §5, 1966)
1.08.060 Counting and canvassing.
The votes on measures and charter amendments shall be counted, canvassed and returned as votes for candidates are counted, canvassed and returned.
(Ord. 226 §6, 1966)
1.08.070 Proclamation of adoption.
The mayor shall, within fifteen days from the time of such election, proclaim by posting printed or typewritten copies of such proclamation in at least three conspicuous places in the municipality, the adoption of such measures and amendments which shall have received the majority of the total number of votes cast thereon.
(Ord. 226 §7, 1966)