(a)
Initiative. The qualified voters of the City of Latrobe shall have
power to propose ordinances to the Council and, if the Council fails
to adopt an ordinance so proposed without any change in substance,
to adopt or reject it at a election, provided that such power shall
not extend to the budget or capital program or any ordinance relating
to appropriation of money, levy of taxes or salaries of municipal
officers or employees, or any ordinance required to be enacted by
the City pursuant to an Act of General Assembly.
(b)
Referendum. The qualified voters of the City of Latrobe shall have
power to require reconsideration by the Council of any adopted ordinance.
If the Council fails to repeal an ordinance upon request for reconsideration,
the voters shall approve or reject it at the next scheduled election,
provided that such power shall not extend to the budget or capital
program or any emergency ordinance or ordinance relating to appropriation
of money or levy of taxes, or any ordinance required to be enacted
by the City pursuant to an Act of General Assembly.
Any five (5) qualified voters may commence initiative or referendum
proceedings by filing with the Council Secretary an affidavit stating
they will constitute the petitioners' committee and be responsible
for circulating the petition and filing it in proper form, stating
their names and addresses and specifying the address to which all
notices to the committee are to be sent, and setting out in full the
proposed initiative ordinance or citing the ordinance sought to be
reconsidered.
Promptly after the affidavit of the petitioners' committee
is filed the Council Secretary shall issue the appropriate petition
blanks to the petitioners' committee.
(a)
Number of Signatures. Initiative and referendum petitions must be
signed by qualified voters of the Latrobe equal in number to at least
ten percent (10%) of the total number of votes cast for the governor
at the last regular governor election.
(b)
Form and Content. All papers of a petition shall be uniform in size
and style and shall be assembled as one instrument for filing. Each
signature shall be executed in ink or indelible pencil and shall be
followed by the address of the person signing. Petitions shall contain
or have attached thereto throughout their circulation the full text
of the ordinance proposed or sought to be reconsidered.
(c)
Affidavit of Circulator. Each paper of a petition shall have attached
to it when filed an affidavit executed by the circulator thereof stating
that he personally circulated the paper, the number of signatures
thereon, that all the signatures were affixed in his presence, that
he believes them to be the genuine signatures of the persons whose
names they purport to be and that each signer had an opportunity before
signing to read the full text of the ordinance proposed or sought
to be reconsidered.
(d)
Time for Filing Referendum Petitions. Referendum petitions must be
filed within thirty (30) days after adoption by the Council of the
ordinance sought to be reconsidered.
(a)
Certificate of Council Secretary; Amendment. Within twenty (20) days after the petition is filed, the Council Secretary shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Council Secretary within two (2) days after receiving the copy of his certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of section 1403, and within five (5) days after it is filed the Council Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Council review under subsection (b) of this section within the time required, the Council Secretary shall promptly present a certificate to the Council and the certificate shall then be a final determination as to the sufficiency of the petition.
(b)
Council Review. If a petition has been certified insufficient and
the petitioners' committee does not file notice of intention
to amend it or if an amended petition has been certified insufficient,
the committee may, within two (2) days after receiving the copy of
such certificate, file a request that it be reviewed by the Council.
The Council shall review the certificate at its next meeting following
the filing of such request and approve or disapprove it, and the Council's
determination shall then be a final determination as to the sufficiency
of the petition.
(c)
Referendum Petitions: Suspension of Effect of Ordinance. When a referendum
petition is filed with the Council Secretary, the ordinance sought
to be reconsidered shall be suspended from taking effect. Such suspension
shall terminate when:
(a)
Action by Council. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting it repeal. If the Council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City of Latrobe.
(b)
Submission to the Voters. The vote of the electorate of the City
of Latrobe on a proposed or referred ordinance shall be held not less
than thirty (30) days and not later than one (1) year from the date
of the final Council vote thereon. If no regular election is to be
held within the period prescribed in this subsection, the Council
shall provide for a special election; otherwise, the vote shall be
held at the same time as such regular election, except that the Council
may in its discretion provide for a special election at an earlier
date within the prescribed period. Copies of the proposed or referred
ordinance shall be made available at the polls.
(c)
Withdrawal of Petitions. An initiative or referendum petition may
be withdrawn at any time prior to the fifteenth (15th) day preceding
the day scheduled for a vote of the electorate of the City of Latrobe
by filing with the Council Secretary a request for withdrawal signed
by at least four (4) members of the petitioners' committee. Upon
filing of such request the petition shall have no further force or
effect and all proceedings thereon shall be terminated.
(a)
Initiative. If a majority of the qualified electors voting on a proposed
initiative ordinance vote in its favor, it shall be considered adopted
upon certification of the election results and shall be treated in
all respects in the same manner as ordinances of the same kind adopted
by the Council. If conflicting ordinances are approved at the same
election, the one receiving the greatest number of affirmative votes
shall prevail to the extent of such conflict.
(b)
Referendum. If a majority of the qualified electors voting on a referred
ordinance vote against it, it shall be considered repealed upon certification
of the election results.
