Ordinance - 2008 - 611 - Amend Title 1/Municipal Elections - 09/23/2008
ORDINANCE No. 611
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
EAGLE CITY CODE TITLE 1 "ADMINISTRATIVE," CHAPTER 9 "MUNICIPAL
ELECTIONS"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Idaho Code S 50-501 requires cities to provide by ordinance for direct
legislation by the people through initiative and referendum and sets forth the minimum
requirements for such ordinance; and
WHEREAS, Idaho Code S 50-501 was amended by the Legislature in 1997 to specify the
petition signature requirements for city ordinances for initiative and referendum; and
WHEREAS, pursuant to Idaho Code S 50-501 the City has adopted an ordinance
providing for direct legislation by the people through initiative and referendum; and
WHEREAS, the City desires to amend its initiative and referendum ordinance to comply
with the 1997 amendments to Idaho Code S 50-501; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, ADA COUNTY, IDAHO, as follows:
Section 1: Eagle City Code Title 1 "Administrative," Chapter 9 "Municipal Elections,"
be and the same hereby is amended with the underlined text being added and the strikethrough
text being deleted, as follows:
1-9-6 INITIATIVE AND REFERENDUM
B. Requirements for Petitions:
1. General: Referendum and initiative petitions shall conform with the requirements
for signature, verification of valid petitions, printing of petitions and time limits, except as
expressly modified to meet the purposes of initiative and referendum, to be as nearly as
practicable as provided in sections 34-1801 through 34-1805 and 50-501, Idaho Code.
2. Number Of Signatures Required: To enact an ordinance by initiative or to repeal
an ordinance by referendum, there shall be attached or appended to the petition the signatures
of the legal voters of the city equal to at least twenty percent (20%) of the total number of
voters registered to ','ote electors who cast votes at the last general election in the city.
3. Filing Referendum Petitions: Referendum petitions with the requisite number of
signatures attached shall be filed with the city clerk not less than sixty (60) days following
the final adoption of the ordinance to be subject to referendum.
Page I 01'2
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Section 2: The provisions of this ordinance are hereby declared to be severable and if
any provision of this act or the application of such provision to any person or circumstance is
declared invalid for any reason, such declaration shall not affect the validity of remaining
portions of this ordinance.
Section 3: That this Ordinance, or a summary thereof in compliance with Section 50-
901A, Idaho Code, shall be published once in the official newspaper of the City, and shall take
effect immediately upon its passage, approval, and publication.
Approved and adopted this~day of Se p-f.p Vh her2008.
I
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k:\council\draft ordinances\ord 611 initiative and referendum amending ordinance.doc
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
September 29, 2008
ORDINANCE No. 611
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
EAGLE CITY CODE TITLE 1 "ADMINISTRATIVE," CHAPTER 9 "MUNICIPAL
ELECTIONS"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Idaho Code § 50-501 requires cities to provide by ordinance for direct
legislation by the people through initiative and referendum and sets forth the minimum
requirements for such ordinance; and
WHEREAS, Idaho Code § 50-501 was amended by the Legislature in 1997 to specify
petition signature requirements for city ordinances for initiative and referendum; and
WHEREAS, pursuant to Idaho Code § 50-501 the City has adopted an ordinance
providing for direct legislation by the people through initiative and referendum; and
WHEREAS, the City desires to amend its initiative and referendum ordinance to comply
with the 1997 amendments to Idaho Code § 50-501; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, ADA COUNTY, IDAHO, as follows:
Section 1: Eagle City Code Title 1 `Administrative," Chapter 9 "Municipal Elections,"
be and the same hereby is amended with the underlined text being added and the stnIcetbmugh
text being deleted, as follows:
1-9-6 INITIATIVE AND REFERENDUM
B. Requirements for Petitions:
1. General: Referendum and initiative petitions shall conform with the requirements
for signature, verification of valid petitions, printing of petitions and time limits, except as
exprrnvsly modified to meet the purposes of initiative and referendum, to be as nearly as
practicable as provided in sections 34-1801 through 34-1805 and 50-501, Idaho Code.
2. Number Of Signatures Required: To enact an ordinance by initiative or w repeal
an ordinance by referendum, there shall be attached or appended to the petition the signatures
of the legal voters of the city equal to at least twenty percent (20%) of the total number of
electors who cast votes at the last general election in the city.
3. Filing Referendum Petitions: Referendum petitions with the requisite number of
signatures attached shall be filed with the city clerk not less than sixty (60) days following
the final adoption of the ordinance to be subject to referendum.
Section 2: The provisions of this ordinance are hereby declared to be severable and if
any provision of this act or the application of such provision to any person or circumstance is
declared invalid for any reason, such declaration shrill not affect the validity of remaining
portions of this ordinance.
the
Section 3: That this Ordinance, or a sununary thereof in compliance with Section 50-
. 901A, Idaho Code, shall be published once in the official newspaper of the City, and shall take
effect immediately upon its passage, approval, and publication.
Approved and adopted thi4.23 day of Seri." ber2008.
P l Bandy,
Mayor
ATTEST:
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RECEIVED & FILED
CITY OF EAGLE
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Th a, ., being duly sworn, deposes
d says: That he is the Principal Clerk of
imes, a weekly newspaper published at
Ida County, State of Idaho; that the said
raper is in general circulation in the said
ty of Ada, and in the vicinity of Meridian,
Ind Eagle, and has been uninterruptedly
dished in said County during a period of
night consecutive weeks prior to the first
f this notice, a copy of which is attached
eto, and that the notice was published in
'Imes, in I. ity with Section 60-108,
io Code, as amended, for 1 times)
gular and entire issue of said paper, and
ed in the newspaper proper, and not in a
meet; and that said notice was published
on the following dates: ).efinning 5,r,r t v t fur ) et WV
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STATE OF IDAHO )
COUNTY OF ADA )
day of C'CiL in the year of 2008
me, a Notary Public, personally appeared
mown or identified to me to be the person
arse is subscribed to the within instrument,
g by me first duly sworn, declared that the
ein are true,,and acknowledged to me that
he executed the same.
Notary Public for Idaho
Residing at Boise, ID
VIII Commission expires: