HomeMy WebLinkAboutMemo - Mail Packet - 5/12/2020 - Memorandum From Delynn Coldiron Re: 5-5-20 Council Meeting Follow Up: Citizen Options For Hughes DecisionCity Clerk
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MEMORANDUM
DATE: May 6, 2020
TO: Mayor Troxell and City Councilmembers
THRU: Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Kelly DiMartino, Deputy City Manager
FROM: Delynn Coldiron, City Clerk
RE: 05-05-2020 Council Meeting Follow Up; Citizen Options for Hughes Decision
This memo provides follow up from last night’s Council meeting related to the options citizens have if
they disagree with Council’s decision on the Hughes Stadium rezoning should Council move forward
with this item on May 19.
1. Referendum. Under Article X, Section 2 of the City’s Charter, registered electors of the City
have the power to approve or reject at the polls any ordinance adopted by Council, with some
exceptions. A referendum related to a rezoning decision would be allowed. Briefly, the process
includes:
a. Filing of a notice of protest within 10 days after final passage of the Ordinance
(presumably 10 days from May 19).
b. Filing the final form for the referendum petition with the City Clerk within 10 days after
the filing of the notice of protest.
c. Approval of the petition by the City Clerk.
d. Circulation of the petition. Signed petition must be filed within 20 days from the date the
petition is approved by the City Clerk. 3,280 valid signatures would be required (10% of
the ballots cast at the last regular City election).
e. Examination of the petition by the City Clerk (within 5 days of filing) and certifying it as
sufficient or insufficient.
f. Presentation to Council of a certified petition (if sufficient signatures are obtained).
2. Rule 106 Review. A second option for individuals is to file a lawsuit to challenge the validity of
the City Council’s approval of the Ordinance under Rule 106 of the Rules of Civil Procedure.
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