HomeMy WebLinkAboutOrdinance 97.26 Amending chapter 2 of the town code relating to mayor and council
MARANA ORDINANCE NO. 97.26
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA,
AMENDING CHAPTER 2 (MAYOR AND COUNCIL) BY ADDING A NEW SECTION 2-2-6
OF THE MARANA TOWN CODE REGARDING PLACING INITIATIVE AND REFERENDUM
MATTERS ON THE PUBLIC BALLOT AND RENUMBERING THE CURRENT SECTIONS 2-
2-6 AND 2-2-7 AS, RESPECTIVELY, 2-2-7 AND 2-2-8 AND REPEALING ALL
RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OF MARANA IN CONFLICT
THEREWITH.
WHEREAS, the Town of Maran a did adopt Chapter 2 of the Marana Town Code, which
outlined regulations for election and voting procedures in the Town; and
WHEREAS, the Mayor and Council desire to amend Chapter 2, by adding a new Section
2-2-6 regarding initiative and referendum procedure, and have determined that the adoption of the
new Section 2-2-6 is in the best interests of the citizens ofthe Town of Maran a; and
WHEREAS, by adding a new Section 2-2-6 to Chapter 2 of the Town Code it will be
necessary to renumber the current Sections 2-2-6 and 2-2-7.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town ofMarana,
Arizona, that:
Section 1.
The new Section 2-2-6 of the Marana Town Code is hereby adopted as follows:
SECTION 2-2-6 INITIATIVE AND REFERENDUM
A POWER RESERVED; TIME OF ELECTION
THERE IS RESERVED TO THE QUALIFIED ELECTORS OF THE TOWN THE
POWER OF THE INITIATIVE AND THE REFERENDUM AS PRESCRIBED BY
THE STATE CONSTITUTION. ANY INITIATIVE OR REFERENDUM
MATTER MAY BE VOTED ON AT THE NEXT ENSUING PRIMARY OR
GENERAL ELECTION, OR AT A SPECIAL ELECTION CALLED BY THE
COUNCIL.
B. NUMBER OF SIGNATURES
1. THE TOTAL NmvfBER OF REGISTERED VOTERS QUALIFIED TO
VOTE AT THE LAST MUNICIPAL ELECTION, WHETHER REGULAR
OR SPECIAL, IMMEDIATELY PRECEDING THE DATE UPON WIDCR
ANY INITIATIVE PETITION IS FILED SHALL BE COMPUTED.
Marana, Arizona Ordinance 97.26
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2. THE BASIS UPON WInCH THE NUMBER OF QUALIFIED ELECTORS
OF THE TOWN REQUIRED TO FILE A REFERENDUM PETITION
SHALL BE AS DETERMINED BY STATE LAW.
C. TIME OF FILING
1. INITIATIVE PETITIONS SHALL BE FILED AT LEAST ONE
HUNDRED TWENTY DAYS PRIOR TO THE ELECTION AT WHICH
THEY ARE TO BE VOTED UPON.
2.
REFERENDUM PETITIONS SHALL BE FILED WITHIN THIRTY DAYS
OF THE ADOPTION OF THE ORDINANCE OR RESOLUTION TO BE
REFERRED. IF THE TOWN CLERK IS UNABLE TO PROVIDE
PETITIONERS WITH A COpy OF THE ORDINANCE OR RESOLUTION
AT THE TIME OF APPLICATION FOR AN OFFICIAL NUMBER OR ON
THE SAME BUSINESS DAY OF THE APPLICATION, THE THIRTY
DAY PERIOD SHALL BE CALCULATED FROM THE DATE SUCH
ORDINANCE OR RESOLUTION IS AVAILABLE.
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D. SAMPLE BALLOTS AND PUBLICITY PAMPHLETS
THE FOLLOWING PROCEDURES RELATING TO SAMPLE BALLOTS AND
PUBLICITY PAMPHLETS ARE HEREBY ADOPTED FOR CONDUCTING
ELECTIONS AT WInCH AN INITIATIVE OR REFERENDUM IS TO BE
VOTED UPON:
1. A PUBLICITY P AMPHLET, CONTAINING THE ENTIRE TEXT OF THE
OFFICIAL BALLOT, SHALL BE MAILED BY THE TOWN CLERK TO
EACH HOUSEHOLD WITHIN THE TOWN IN WInCH A REGISTERED
VOTER RESIDES, NOT LESS THAN EIGHT DAYS PRIOR TO THE
ELECTION TO WInCH THE SAMPLE BALLOT PERTAINS.
2. THE PAMPHLET SHALL CONTAIN THE PROPOSITION AS IT WILL
APPEAR ON THE BALLOT TOGETHER WITH A SUMMARY OF EACH
PROPOSITION. EACH SUMMARY SHALL BE FOLLOWED BY ANY
ARGUMENTS SUPPORTING THE PROPOSITION FOLLOWED BY
ANY ARGUMENTS OPPOSING THE PROPOSITION.
3. ARGUMENTS SUPPORTING AND OPPOSING PROPOSITIONS
APPEARING ON THE BALLOT SHALL BE FILED WITH THE OFFICE
OF THE TOWN CLERK BY 5:00 P.M. NOT LESS THAN THIRTY DAYS
PRIOR TO THE ELECTION AT WInCH THE PROPOSITIONS ARE TO
BE VOTED UPON. ARGUMENTS SUPPORTING OR OPPOSING
Marana, Arizona Ordinance 97.26
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PROPOSITIONS APPEARING ON THE BALLOT SHALL MEET THE
FOLLOWING REQUIREMENTS:
A. ARGUMENTS MUST RELATE TO THE PROPOSITIONS
PROPOSED BY INITIATIVE OR REFERRED BY REFERENDUM
WIllCH WILL APPEAR ON THE BALLOT.
B. ARGUMENTS MUST IDENTIFY THE PROPOSITION TO
WIDCH THEY REFER AND INDICATE WHETHER THE
ARGUMENT IS IN SUPPORT OF OR IN OPPOSITION TO THE
PROPOSmON. .
C. ARGUMENTS MAY NOT EXCEED THREE HUNDRED WORDS
IN LENGTH.
D. ARGUMENTS MUST BE SIGNED BY THE PERSON
SUBMITTING THEM. ARGUMENTS SUBl\1ITTED BY
ORGANIZATIONS SHALL BE SIGNED ON BEHALF OF THE
ORGANIZATION BY AN OFFICER OF THE ORGANIZATION
AUTHORIZED TO TAKE SUCH ACTION. ALL PERSONS
SIGNING DOCUMENTS SHALL INDICATE THEIR RESIDENCE
OR POST OFFICE ADDRESS.
E. NO PERSON OR ORGANIZATION SHALL SUBl\1IT MORE
THAN ONE ARGUMENT FOR EACH PROPOSITION TO BE
VOTED UPON.
F. EACH ARGUMENT SHALL BE ACCOMPANIED BY A
DEPOSIT IN THE AMOUNT OF $250.00 TO OFFSET
PROPORTIONAL COSTS OF PRINTING. THIS REQUIREMENT
SHALL NOT BE WAIVED ON ANY ACCOUNT.
Section 2. The current Sections 2-2-6 (Automatic Recount) and 2-2-7 (Eligibility For Office) of
Chapter 2 of the Town Code are hereby renumbered as, respectively, 2-2-7 and 2-2-8.
Section 3. All ordinances and parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed, effective as of the effective date of this ordinance.
Section 4. Repeal of all ordinances and parts of ordinances in conflict with the provisions set
forth herein does not affect rights and duties that have matured or penalties that were incurred and
proceedings that were begun before the effective date of that repeal.
Marana, Arizona Ordinance 97.26
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Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona this
19lh day of August, 1997.
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Mayor ORA MAE
APP D AS TO FORM:
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~Daniel 1. Hochuli ~,
Town Attorney
Marana, Arizona Ordinance 97.26
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