§ 6.1. General Provisions.  


Latest version.
  • A. Authority.

    (1) Initiative.
    The registered voters have the right to propose ordinances to the City Council and, if the City Council fails to adopt an ordinance so proposed without any change in substance or intent, to have the ordinance submitted to the voters at an election.

    (2) Referendum.
    The registered voters have the right to require reconsideration by the City Council of an existing ordinance and, if the City Council fails to repeal such ordinance, to have it submitted to the voters at an election.

    B. Limitations.

    (1) Subject Matter.
    The right of initiative and referendum shall not extend to any of the following:

    (a) Any measure of an executive or administrative nature;

    (b) The City budget;

    (c) The appropriation of money;

    (d) The levy of taxes or special assessments;

    (e) The issuance of General Obligation and Revenue Bonds;

    (f) Any measure which will interfere in any way with any contractual relations of the City, past, present or future;

    (g) Compensation of City employees and officials;

    (h) Emergency ordinances;

    (i) Any measure required of or imposed upon the City by, or contrary to, State or Federal law;

    (j) Amendments to this Charter, except as provided in Section 7.2 of this Charter;

    (k) Any measure affecting the City Zoning Ordinance;

    (l) Essential corporate services as defined by State law;

    (m) Any measure involving annexation; and

    (n) Any measure involving action, disposition or settlement of litigation.

    (2) Resubmission.
    No initiative or referendum petition shall be filed within two (2) years after the same measure or a measure substantially the same has been submitted to the voters at an election.

    (3) City Council Repeal, Amendment and Reenactment.
    No ordinance proposed by initiative petition and adopted by the vote of the City Council without submission to the voters or adopted by the voters pursuant to this Article may for two (2) years thereafter be repealed or amended, except by a vote of the people, unless provision is otherwise made in the original initiative petition. No ordinance referred by referendum petition and repealed by the vote of the City without submission to the voters or repealed by the voters pursuant to this article may be reenacted for two (2) years thereafter, except by vote of the people, unless provision is otherwise made in the original referendum petition.

    C. Construction.

    (1) Scope of Power.
    It is intended that this article confer broad initiative and referendum powers upon the registered voters of the City of Oskaloosa, Iowa.

    (2) Initiative.
    It is intended that an initiative petition may seek to repeal an existing ordinance in whole or in part by virtue of proposing a new ordinance. It is intended that an initiative petition may propose to amend an existing ordinance.

    (3) Referendum.
    It is intended that a referendum petition may propose to repeal an ordinance in whole or in part.

    D. Effect of Filing Petition.
    The filing of an initiative or referendum petition does not suspend or invalidate any ordinance under construction and such ordinance shall remain in full force and effect until its amendment or repeal by City Council pursuant to this Charter or until a majority of the registered voters voting on such ordinance vote to repeal or amend the ordinance and the vote is certified.

    E. City Obligation.
    An initiative or referendum vote which repeals an existing ordinance in whole or in part does not affect any obligations entered into by the City, its agencies or any person in reliance on the ordinance during the time it was in effect.