HomeMy WebLinkAboutOrdinance 87.20 Special elections for referendum petitions ORDINANCE NO. 87~20
AN ORDINANCE PROVIDING FOR THE HOLDING OF SPECIAL ELECTIONS
TO CONSIDER REFERENDUM PETITIONS
WHEREAS the qualified electors of the Town of Marana
have, pursuant to the Arizona Constitution and the general laws
of the State of Arizona the right of referendum; and
WHEREAS the Town has the power to prescribe the manner
of exercising said powers,
NOW, THEREFORE, BE IT ORDAINED by the Town Council of
the Town of Marana as follows:
Section 1. If, during the 30 days immediately after
passage of an Ordinance by the Town Council a Petition by
qualified electors of the Town of Marana, equal in number to at
least 10% of the entire vote cast for all candidates for Town
Council at the last preceding general municipal election at which
Council members were elected, protesting against the passage of
such Ordinance, or any item, section, or part thereof, be
presented to the Mayor and Council, such Ordinance or item,
section, or part thereof protested, shall be suspended from going
into operation, and the Mayor and Council shall submit the
Ordinance or item, section, or part thereof protested, to the
electors of the Town, either at the next general election or at a
special election to be called by the Mayor and Council for that
purpose.
section,
operative
Section 2. Such protested Ordinance or protested item,
or part thereof shall not go into effect or become
unless a majority of the qualified electors, voting on
same, shall vote in favor thereof.
Section 3. The Mayor a~ Council may, by Resolution,
make such further regulations as may be necessary to carry out
the provisions of this Ordinance.
Section 4. If the Town Clerk or the Mayor and Council
refuse to accept and file a Petition for Referendum which has
been presented within the time prescribed, or if they refuse to
transmit the facsimiles of a signature sheet or sheets or
Affidavits of circulators to the Pima County Recorder for
certification under A.R.S. Section 19-121.02, or if they refuse
to submit the proposed Referendum to the qualified electors of
the Town, any citizen may apply, within 10 days after such
refusal, to the Superior Court for a Writ of Mandamus to compel
them to do so.
Section 5. This Ordinance and the various sections
hereof are hereby declared to be severable. Should any section
or regulation of this Ordinance be declared by a Court of
competent jurisdiction to be unconstitutional or invalid, such
decision shall not to affect the validity of this Ordinance as a
whole, or any portions thereof other than the section or
regulation so declared to be unconstitutional or invalid.
WHEREAS, the immediate operation of this Ordinance is
necessary for the preservation of the public peace, health and
safety of the Town of Marana, an emergency is hereby declared to
exist, and this Ordinance shall be in full force and effect from
and after its passage, adoption and approval by the Town Council
of the Town of Marana.
PASSED AND ADOPTED by the Town Council of the Town of
Marana this 6th day of October, 1987.
ATTEST
TOWN CLERK
MAYOR