§ 9.04. Procedure after filing.

(a)

Certificate of city clerk; amendment. The final petition with the required number of signatures and affidavits shall be assembled as one instrument for filing with the city clerk. Within 20 days after the final petition is filed purporting to have the required number of signatures, the city clerk shall complete a certificate as to its compliance with provisions of sections 9.03 and 9.04, 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 final 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 city clerk within five working days after receiving the copy of the city clerk's certificate specifying insufficiency. In such case, the petitioners' committee may amend the final petition with a supplementary petition with additional signatures and affidavits within 30 days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of section 9.03 and within five working days after it is filed, the city clerk shall complete a certificate as to the sufficiency of the final 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 final petition. If a final petition or amended petition is certified sufficient, or if a final petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request city council review under subsection (b) of this section within the time required, the city clerk shall promptly present his or her certificate to the city council and the certificate shall then be a final determination as to the sufficiency of the final petition as amended.

(b)

City Council review. If a petition has been certified insufficient by the city clerk and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the petitioners' committee may, within five working days after receiving the copy of such certificate, file a request that it be reviewed by the city council. The city council shall review the certificate at the next regularly scheduled meeting no earlier than ten days following the filing of such request and approve or disapprove it, and the city council's determination shall then be a final determination as to the sufficiency of the final petition as amended.

(c)

Court review; new petition. A final determination as to the sufficiency of a final petition or a final petition as amended shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

(Ord. No. 2013-36, exh. A, 11-26-13)