ARTICLE VI. - INITIATIVE, REFERENDUM AND RECALL

Section 6.01. - General.#

The citizens reserve the powers of Initiative, Referendum and Recall, which may be exercised in the manner and subject to the limitations provided in this Article.

Section 6.02. - Power of Initiative.#

Subject only to the limitations provided in this Article, the people of the City shall have the power to propose legislation on any local government issue, except legislation appropriating money, levying taxes, affecting zoning, annexing land, or setting rates, fees or charges, and, if the City Council fails to adopt an ordinance so proposed, to adopt or reject the proposed legislation at an election. An initiated ordinance may be submitted to the City Council by a petition signed by at least two hundred (200) registered voters of the City or five percent (5%) of the number of voters registered to vote in the previous municipal election whichever number is greater.

Section 6.03. - Power of Referendum.#

The voters of this City shall have the power to approve or reject at the polls any ordinance enacted by the City Council that is subject to the Referendum process under this Charter, except for bonds that have been legally awarded to a successful bidder or other legal obligations. The petition for Referendum shall require the signatures of at least two hundred (200) registered voters or five percent (5%) of the number of voters registered to vote in the previous municipal election whichever number is greater.

Section 6.04. - Requirements of Petition.#

Any five (5) registered voters may begin Initiative or Referendum proceedings by filing with the City Secretary an affidavit stating they constitute the petitioners' committee and will be responsible for circulating the petition and filing it in proper form, stating their names and addresses, and setting out in full the proposed Initiative ordinance or the ordinance sought to be reconsidered. Petitions shall contain, or have attached to them, the full text of the ordinance proposed or sought to be reconsidered. The signatures to the Initiative or Referendum need not all be appended to one paper, but signers shall sign their names in ink and shall add their printed name, place of residence by street and number, date of birth, voter registration number and date of signing. The circulators of each petition page shall make an affidavit stating they personally circulated that page of the petition, and that each signature is the genuine signature of the person as is written, and further, that no signatures shall have been placed there more than forty-five (45) days prior to filing the petition. Petitions shall be returned to the City Secretary for filing within forty-five (45) days after the issuance of the appropriate forms to the petitioners' committee.

Section 6.05. - Filing, Examining and Certifying Petitions.#

Within fifteen (15) business days after an Initiative or Referendum petition is filed, the City Secretary shall determine whether it is properly signed by the requisite number of registered voters residing within the City. The City Secretary shall declare void any petition paper which does not have both the required information and an affidavit attached thereto as required. The City Secretary shall examine the petition and indicate the names of signers found not qualified. The City Secretary shall certify the results of the petition examination to the City Council at its next regular meeting. If the certificate of the City Secretary shows an Initiative or Referendum petition to be insufficient, the City Secretary shall notify in writing the persons filing the petition. The written notification shall detail the defects that must be corrected if the petition is to be found sufficient. The petition may then be amended within fifteen (15) days from the date of such notice by the filing of a supplementary petition with any additional papers that are signed and filed as prescribed for the original petition. Within fifteen (15) business 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 then found to be insufficient, no further proceedings shall be had with regard to it.

Section 6.06. - Publication of Initiated and Referred Ordinances.#

The City Secretary shall publish at least once in a newspaper of general circulation in the City of Burnet and as files available for download via the Internet any initiated or referred ordinance. Such publication shall be within fifteen (15) days prior to the date of the election and shall give other notices and do other things that are required in general municipal elections or by the ordinance or resolution calling such elections.

Section 6.07. - Council Consideration and Submission to Voters.#

If the City Council receives an authorized Initiative petition certified by the City Secretary to be sufficient, the City Council shall: A.

Adopt Without Amendment. Adopt the initiated ordinance without amendment within thirty (30) days after the date of the certification to the City Council, or

B.

Order Special Election. Submit the initiated ordinance without amendment to a vote of the qualified voters of the City at a special election to be held on the first available uniform election date, for which the required election notice may be given, that is sixty (60) days or more after the date of the certification to the City Council, or as soon thereafter as permitted by the laws of the State of Texas, or

C.

Submit Alternative Ordinance. At an election, as described in subsection 6.07 B, submit to a vote of the qualified voters of the City the initiated ordinance without amendment along with an alternative ordinance on the same subject proposed by the City Council. The ordinance receiving the higher number of affirmative votes shall be effective as an ordinance of the City. The other ordinance shall be considered rejected and shall not be effective.

If the City Council receives an authorized Referendum petition certified by the City Secretary to be sufficient, the City Council shall reconsider the referred ordinance. If upon reconsideration the ordinance is not repealed within thirty (30) days, it shall be submitted to the qualified voters of the City at a special election. Such special election shall be held on the first available uniform election date for which the required election notice may be given that is sixty (60) days or more after the date of the certification to the City Council or as soon thereafter as permitted by the laws of the State of Texas.

Special elections on initiated or referred ordinances shall be held as required by this Charter and not inconsistent with state law. No ordinance on the same subject as an initiated ordinance that has been defeated or on the same subject as a referred ordinance that has been approved at any election may be initiated by the voters within two (2) years from the date of that election.

Section 6.08. - Ballot Form and Results of Elections.#

The ballot used in voting upon an initiated or referred ordinance shall state the caption of the ordinance and below the caption shall set forth on separate lines the words: "For the Ordinance" and "Against the Ordinance." Any number of ordinances may be voted upon at the same election in accordance with the provisions of this Charter. An ordinance submitted and receiving an affirmative majority of the votes cast shall then become effective as an ordinance of the City. An ordinance so adopted may be repealed or amended at any time after the expiration of two (2) years by an affirmative vote of five (5) or more Members of City Council. A referred ordinance that is not approved by a majority of the voters is repealed.

Section 6.09. - Franchise Ordinances Exempt from Initiative and Referendum.#

Franchise ordinances of the City are exempt from Initiative and Referendum petitions.

Section 6.10. - Power of Recall.#

The people of the City reserve the power to recall any elected officer of the City and may exercise the power by filing with the City Secretary a petition stating cause for the removal of the elected officer. Such petitions shall be signed by the greater of either five hundred (500) registered voters or ten percent (10%) of the registered voters of the City registered to vote at the last general election. Within fifteen (15) business days after a recall petition is filed, the City Secretary shall determine whether it is properly signed by the requisite number of registered voters residing within the City and shall verify the petition as sufficient or insufficient. If the certificate of the City Secretary shows a Recall Petition to be insufficient, the City Secretary shall notify in writing the persons filing the petition. The written notification shall detail the defects that must be corrected if the petition is to be found sufficient. The petition may then be amended within fifteen (15) business days from the date of such notice by the filing of a supplementary petition and the submitting of additional papers that are signed and filed as prescribed for the original petition. Within fifteen (15) business 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 then found to be insufficient, no further proceedings shall be had with regard to it. A separate petition shall be required for each officer to be recalled.

Section 6.11. - Recall Election.#

If a Recall petition is certified by the City Secretary to be sufficient, the City Council shall order and hold an election within sixty (60) days or as soon thereafter as shall be permitted by state law to determine whether the officer shall be recalled.

Section 6.12. - Results of Recall Election.#

If the majority of the legal votes cast at a Recall election favor the recall of the officer named on the ballot, the City Council shall immediately declare the office vacant and call a special election to fill the vacancy as soon thereafter as shall be permitted by state law.

Section 6.13. - Limitation on Recall.#

No Recall petition shall be filed against an elected officer within six (6) months after taking office, and no officer shall be subjected to more than one (1) Recall election during the term of office.

Section 6.14. - Public Hearing on Recall.#

The officer whose removal is sought may, within five (5) days after such Recall petition has been presented to the City Council, request that a public hearing be held to permit the officer to present facts pertinent to the cause specified in the Recall petition. If requested, the City Council shall order such public hearing to be held but in not fewer than five (5) days nor more than fifteen (15) days after receiving such request for a public hearing.

Section 6.15. - Ballots in Recall Election.#

Ballots used at Recall elections shall conform to the following requirements: A.

Officer Subject to Recall. With respect to each person whose removal is sought, the question shall be submitted, "Shall (name of person) be removed from the office of (Mayor) (City Council Member) by recall?"

B.

Recall Proposition. Immediately below the question, there shall be printed the two (2) following propositions, one above the other, in the order indicated: "For the recall of (name of person)" "Against the recall of (name of person)," each with a place in which the voter may cast a vote.