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<br /> <br />Bill Tracking - 2011 session> Legislation <br /> <br />Page 13 of 15 <br /> <br />witness. The petition may be in the form of separate sheets, each sheet containing at the top thereof the petition as set forth <br />above, and when bound together and offered for filing, shall be deemed to constitute one petition. <br /> <br />9 12.02. Petition for Referendum. <br /> <br />a. At any time within thirty days following the adoption of an ordinance, except an emergency ordinance, a petition signed by <br />electors equal in number to at least thirty percent (30%) of the electors voting for governor in the last preceding gubernatorial <br />election protesting against the enactment of such ordinance and requesting its repeal, may be presented to the City Council. <br />Such petition need not contain the text of the ordinance sought to be repealed, but it shall be sufficient to refer to it by <br />ordinance number or code section number. <br /> <br />b. The petition shall be substantially in thefollowingform: <br /> <br />To the Council of the City of Portsmouth, Virginia: <br /> <br />We, the undersigned, qualified electors of this city, respectjitlly petition your honorable body to repeal the following ordinance: <br /> <br />Signature of Elector <br /> <br />Street Address <br /> <br />Date Signed <br /> <br />c. The execution of the petition by an elector shall be acknowledged before a notary, or it may be proved by the oath of a <br />witness who shall swear that he or she knows the elector and that the petition was signed by the elector in the presence of the <br />witness. The separate sheets, each sheet containing at the top thereof the petition as set forth above, and when bound together <br />and offered for filing, shall be deemed to constitute one petition. <br /> <br />9 12.03. Time of Filing. <br /> <br />All papers comprising a Petition for Initiative or Referendum shall be filed with the City Clerk thirty days from the date of the <br />first signature thereon, and when so filed, the Clerk shall submit the same to the City Council at its next regular meeting. <br /> <br />9 12.04. Duty of City Attorney. <br /> <br />Before any ordinance proposed by petition in accordance with 912.01 hereofshall be submitted to the City Council, it shall <br />first be approved as to form by the City Attorney. If the City Attorney disapproves of the proposed ordinance or amendment, the <br />reasons therefore shall be stated in writing to the person submitting the proposal for examination. <br /> <br />912.05. Duty of City Council. <br /> <br />Upon the presentation of a petition as provided in this Chapter, it shall be the duty of the City Council either to pass such <br />proposed ordinance without alteration or repeal such existing ordinance within sixty days after determining the sufficiency of <br />the petition or submit the question of the adoption or repeal of the ordinance, as the case may be, to the electorate at the next <br />general election occurring more than sixty days after determining the sufficiency of the petition. <br /> <br />S 12.06. Elections. <br /> <br />a. All initiative and referendum elections shall be conducted, and the result canvassed and certified by the regular election <br />officials, as provided by the general laws of the state, and except as otherwise provided in this Chapter, all such elections shall <br />be governed by the general election laws. <br /> <br />b. If a majority of the qualified electors voting on a proposed ordinance shall vote in favor thereof, it shall thereupon become a <br />valid and binding ordinance of the city, and the same shall not be repealed or amended, except by a vote of the electors, within <br />two years thereafter. <br /> <br />c. If a majority of the qualified electors voting on the repeal of an existing ordinance shall vote in favor of its repeal, it shall <br />thereupon stand repealed and be of no force and effect. <br /> <br />d. Where an election has been held upon the question of the adoption or repeal of any ordinance in accordance with this <br />Chapter, then no election may be held upon a substantially similar question for two years folloWing such election, except that <br />the council may submit the repeal, amendment or modification of any ordinance adopted under subsection b. above, to be voted <br />upon at any general election succeeding its adoption. <br /> <br />http://lis.virginia.gov/cgi-bin/legp604.exe?l11 +ful+CHAP0640 <br /> <br />6/30/2011 <br />
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