§ 98. Power of referendum.

(a)

In general. The electors shall have power to approve or reject at the polls any ordinance, except an ordinance appropriating money, authorizing the issuance of bonds or other indebtedness, authorizing the levy of taxes, granting a franchise, fixing public utility rates, amending zoning regulations, or zoning specific property, passed by the council, or submitted by the council to a vote of the electors, such power being known as the referendum. Ordinances submitted to the council by initiative petition and passed by the council without change shall be subject to the referendum in the same manner as other ordinances.

(b)

Requirements. Within 365 days after the enactment by the council of any ordinance which is subject to a referendum, a petition signed by at least 1,000 qualified electors of the city may be filed with the city clerk requesting that any such ordinance be either repealed or submitted to a vote of the electors.

(c)

Determination of power invoked. The power of referendum is separate and distinct from the power of initiative granted pursuant to section 97. The city council in the first instance shall determine which power is being invoked, which decision shall be subject to judicial review under the substantial evidence rule.

(Ord. No. 10,335, § 7, 5-22-06; Ord. No. 12,110, § 18, 11-19-12)