Subject: 9433 Amend Charter-Initiative or Referendum Date: Fri, 18 Aug 1989 14:54:00 -0500 ORDINANCE NO. 9433 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHATTANOOGA, AND ALL ACTS AND ORDINANCES AMENDATORY THEREOF, PURSUANT TO THE PROVISIONS OF ARTICLE XI, SECTION 9, OF THE CONSTITUTION OF THE STATE OF TENNESSEE (HOME RULE AMENDMENT) BY REQUIRING THE CITY COUNCIL TO PASS AN INITIATIVE OR REFERENDUM SUBMITTED BY SUFFICIENT PETITION WITHIN SIX (6) WEEKS, RATHER THAN THE CURRENT THREE (3) OR TO HAVE SUCH MATTER SUBMITTED TO THE VOTE OF THE QUALIFIED VOTERS OF THE CITY. _________________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: SECTION 1. That the present Charter of the City, and all Acts and Ordinances amendatory thereof, be and is further amended as follows: Item 1. The Charter of the City of Chattanooga shall be amended as provided hereinafter. Item 2. That the provisions of the Private Acts of 1911, Chapter 15, Section 2 be and are amended by changing the words and figure "three (3) weeks" to the words and figure "six (6) weeks", by changing the title "city auditor" to "city finance officer", and by changing the phrase "board of commissioners" to "city council" in the following passage from said Chapter: If the commissioners of election certify to the sufficiency of the petition, the proposed ordinance and petition shall be filed, with the city auditor, and thereupon either (1) the board of commissioners shall pass such ordinance without alteration within three (3) weeks after it is so filed, or, if they fail or refuse to do so, (2) the city auditor shall transmit said ordinance and petition, together with his certificate that the board of commissioners fail or refuse to pass such an ordinance, to the commissioners of election, whose duty it shall then be to call special election to be held as soon as may be done conformably to law, unless a general municipal election is fixed to be held within ninety (90) days; and at said special election, if one is so fixed, said ordinance shall be submitted without alteration to the vote of the qualified voters of said city. FOR THE AMENDMENT ( ) AGAINST THE AMENDMENT ( ) SECTION 2. BE IT FURTHER ORDAINED, that all laws constituting the present Charter of the City of Chattanooga, not in conflict with this amendatory home rule ordinance, be and the same are continued in full force and effect, and all laws or parts of laws in conflict therewith are hereby repealed. SECTION 3. BE IT FURTHER ORDAINED, that if any clause, sentence, paragraph, section, or part of this ordinance shall be held to be unconstitutional or void, it shall not affect the remaining parts of this Ordinance, it being hereby declared to be the legislative intent to have passed the remainder of this Ordinance notwithstanding such part, if any, as may be held to be invalid. SECTION 4. BE IT FURTHER ORDAINED, that this Ordinance shall be published in full by the City Finance Officer in both daily newspapers in the City of Chattanooga after the final passage by the City Council, or approval in a referendum, all as required by Article XI, Section 9, Constitution of Tennessee. SECTION 5. BE IT FURTHER ORDAINED, that the City Finance Officer shall certify the passage of this Ordinance to the Hamilton County Election Commission and request that the proposed amendment to the home rule Charter of the City of Chattanooga, be placed on the ballot to be used in the next general state election. SECTION 6. BE IT FURTHER ORDAINED, that the City Finance Officer is authorized and directed to pay the pro rata cost of this special City election. SECTION 7. BE IT FURTHER ORDAINED, that the Hamilton County Election Commission shall certify to the City Finance Officer of the City of Chattanooga, Tennessee, the result of said election, and the City Finance Officer shall cause said certification to be made a part of the minutes of the City Council. SECTION 8. BE IT FURTHER ORDAINED, that Section 1 of this Ordinance shall take effect sixty (60) days after its approval by a majority of the qualified voters of the City voting thereon, as provided by Article XI, Section 9, Constitution of Tennessee, the public welfare requiring it. SECTION 9. BE IT FURTHER ORDAINED, that this Ordinance shall take effect, except for Section 1, two weeks from and after its passage as provided by law. PASSED on Third and Final Reading Aug. 21, 1990. __/s/_______________________________ CHAIRPERSON APPROVED:_______ DISAPPROVED:_______ DATE:__________________ _____, 1990. __/s/_______________________________ MAYOR RLN:cjc