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Home My WebLink About1997-08-29 ResolutionStatement from City Clerk Marian K. Karr Re: Initiative Petition August 29, 1997 On August 18 an Affidavit to Commence Initiative Proceedinns was filed in the City Clerk's office by Bennett Brown and Candida Maurer. According to the City Charter petitions must contain a required number of qualified electors (persons residing in Iowa City who are registered to vote) which represents twenty-five percent of the number of persons who voted in the last regular election but no fewer than 2,500. The number of signatures required for this petition is 2,525. On Monday, August 25, at 4.58 p.m., Mr. Brown filed petitions containing 2,553 signatures. Each petition must have attached an Affidavit of Circulator executed which states that the attached petition was circulated by that person, each signa,!ure~signed in their presence, and that each person had the opportunity to read the full text of the proposed ordinance prior to signing the petition. (A blank Affidavit of Circulator is attached) A telephone request was made to the County Elections Office for a current voter list. After picking up the list at 10:10 Tuesday morning, each affidavit was checked to verify that the circulator was a qualified elector and then each. petition name/signature checked against the current voter rolls which contain approximately 47,000 names. All Affidavits were signed by qualified electors. A total of 58.5 hours of staff review resulted in a total of 1,883 names verified as qualified electors. (Short 642 of the required 2,525.) On Wednesday evening at 9:30 p.m. Mr. Brown was notified of the insufficiency by telephone. On Thursday, August 28, at 8:00 a.m., a Certificate of Insufficiency was issued by registered mail notifying Mr. Brown of that fact and stating that he could file a Notice to Amend and file supplementary petitions. Mr. Brown filed a Notice to Amend on Thursday, August 28, at 3:53 p.m., and submitted supplemental petitions containing 967 additional signatures at that time. I had already ordered and picked up an additional list of updates (individuals who had registered between the printing of the first voter registration list and the submission of the second petition) containing roughly 100 names from the County Elections Office at 8:20 a.m. on Thursday. Again each Affidavit of Circulator was checked to verify that the Circulator was a qualified elector and then each of the 967 names was checked against the approximate 47,000 voter roll list plus the additional 100 newly registered list. After an additional 26 hours of staff review 629 more names could be verified as qualified electors bringing the total to 2,512 (short of the required 2,525). These 629 names were on petition attached to Affidavits signed by a qualified elector. However, an additional 48 names were attached to Affidavits that were NOT signed by qualified electors although the Affidavit stated the circulator was a qualified 2 elector and was signed. In other words, the cover Affidavit raised a question regarding the validity of the attached 48 signatures. In my judgment the spirit and intent of the Charter was met by the qualified electors signing these petitions. Although these circulators erred by signing an Affidavit stating they were a qualified elector, the person signing the petition had no knowledge of the cimulators status as a qualified elector and signed the petition in good faith. As a result, I believe the additional 48 names should be counted. The Acting City Attomey concurs. Therefore, I am submitting a Certificate of Sufficiency that 2,560 qualified electors have signed the petitions. Attachments: Affidavit of Circulator (blank) Certificate of Sufficiency (completed) cclerk\petition 3 AFFIDAVIT OF CIRCULATOR State of Iowa City of Iowa City, Johnson County (Name) (Address) Iowa City, Iowa, on oath depose and say that I am a qualified elector. I hereby certify that I personally circulated the petitions attached hereto. I have obtained (number) signatures, all of which were affixed and dated in my presence and I believe them to be genuine signatures of the persons whose names they purport to be. I swear that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. I understand that I am liable to criminal penalties as provided by State law if I file a false affidavit. Witness my hand this __ day of ,19 Subscribed in my presence and sworn to before me by this __ day of (Signature) ,19 Notary Public in and for Johnson County, Iowa "Qualified elector' means a person who is registered to vote pursuant to Chapter 48, Iowa Code (1987). CERTIFICATE OF SUFFICIENCY State of Iowa City of Iowa City, Johnson County I, Marian K. Karr, City Clerk, do hereby certify that I have examined the supplemental petitions submitted by Bennett J. Brown and Candida Maurer, on the 28th day of August, 1997, which requires an additional 642 verified qualified electors and verify that 677 have been verified as qualified electors bringing the total of two submissions to 2,560. I find that it meets the requirements of Article VII, Home Rule Charter of the City of Iowa City. Witness my hand this 29th day of August, 1997. (Signature) Subscribed in my presence and sworn to before me by Marian K. Karr, this 29th day of August, 1997. Not"~blic in and for Johnson County, Iowa. DEFEATED Prepared by: Eleanor Dilkes, Acting City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. RESOLUTION ADOPTING INITIATIVE RESOLUTION PROHIBITING THE CONSTRUCTION OF THE EXTENSION OF FIRST AVENUE UNTIL THE YEAR 2002. WHEREAS, pursuant to Resolution No. 97-73, passed and adopted on March 4, 1997, the City Council adopted the Multi-Year Capital Improvement Program ("CIP") for fiscal years 1998 through 2002. WHEREAS, said CIP provides for the construction of the First Avenue Extension in fiscal year 1998. WHEREAS, on August 18, 1997 an affidavit to commence initiative proceedings was filed with the City Clerk initiating a petition to amend the 1997 CIP to remove the First Avenue Extension from fiscal year 1998 and instead, include the First Avenue Extension in Fiscal Year 2002; and WHEREAS, a supplemental initiative petition was presented to the City Clerk on August 28, and certified sufficient on August 29, which certificate of sufficiency was approved by the City Council at its special meeting on August 29, 1997; and WHEREAS, the City Council desires to adopt said initiative resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Multi-Year Capital Improvement Program for fiscal years 1998 through 2002 is hereby amended to remove the First Avenue Extension from Fiscal Year 1998, and instead, include the First Avenue Extension in Fiscal Year 2002. Passed and approved this day of ,1997. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: NAYS: X X' X X X X X MAYOR City Attorney's Office and seconded by ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be eleanor\lstaveex,doc 30 18 Prepared by: Eleanor Dilkes, Acting City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. 97-294 RESOLUTION AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF WHETHER TO ADOPT A CITIZEN INITIATIVE RESOLUTION TO AMEND THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM FOR FISCAL YEARS 1998 TO 2002 TO REMOVE THE FIRST AVENUE EXTENSION FROM FISCAL YEAR 1998, AND INCLUDE THE FIRST AVENUE EXTENSION IN FISCAL YEAR 2002.' WHEREAS, pursuant to Resolution No. 97-73, passed and adopted on March 4, 1'997, the City Council adopted the Multi-Year Capital Improvement Program ("ClP") for fiscal years 1998 through 2002. WHEREAS, an initiative petition pursuant to Article VII of the Home Rule Charter of Iowa City asking to amend the CIP so that the First Avenue Extension is not included until the year 2002 was presented to the City Clerk on August 25, 1997, and was certified insufficient on August 27, 1997; and WHEREAS, a supplemental initiative petition was presented to the City Clerk on August 28,1997, and was certified sufficient on August 29, 1997 which certificate of sufficiency was accepted by the City Council at its special meeting on August 29, 1997; and WHEREAS, in the absence of Coundl adoption of the initiative resolution, Article VII of the City's Charter requires that the proposition set forth in the initiative petition be submitted to the voters of the City; and WHEREAS, the City Council has declined to amend the CIP with regard to the First Avenue Extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Johnson County Auditor is hereby authorized and directed to place the following question before the qualified electors of the City of Iowa City, Iowa at the next general city election on November 4, 1997: Shall the following public measure be adopted? Yes No Shall the Iowa City Multi-Year Capital Improvement Program for fiscal years 1998 through 2002 be amended to remove the First Avenue Extension along Hickory Hill Park from Fiscal Year 1998, and instead, include the First Avenue Extension in Fiscal Year 2002. ,3Ol3 Resolution No. 97-294 Page 2 Passed and approved this 29th ;. day of August ,1997. City Attorney's Office It was moved by" Kubby adopted, and upon roll call there were: and seconded by Lehman the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef eleanor~lstavequ,doc Pre 'ed by: Eleanor Dilkes, Acting City Attorney, 410 E. Washington St., Iowa 52240(319) 356-5100 RESOLUTION NO. TO FOR FROM FISCAL UTION AUTHORIZING AND DIRECTING THE J COUNTY AUDITOR THE QUESTION OF WHETHER TO A CITIZEN INITIATIVE ION TO AMEND THE MULTI-YEAR IMPROVEMENTS PROGRAM YEARS 1998 TO 2002 TO tie FIRST AVENUE EXTENSION YEAR 1998, AND INCLUDE TI FIRST AVENUE EXTENSION IN 2002. WHEREAS, pursuant adopted the Multi-Year )lution No. 97-73, pass{ and adopted on March 4, 1997, the City Council tal Improvement Pro ("CIP") for fiscal years 1998 through 2002. WHEREAS, an initiative amend the CIP so that the the City Clerk on August 25, 1 pursuant to Arti( Exten~ and was VII of the Home Rule Charter of Iowa City asking to is not included until the year 2002 was presented to insufficient on August 27, 1997; and WHEREAS, a supplemental was certified sufficient on August Council at its special meeting on was presented to the City Clerk on August 28,1997, and which certificate of sufficiency was accepted by the City 9, 1997; and WHEREAS, in the absence of Cou Charter requires that the City; and of the initiative resolution, Article VII of the City's in the initiative petition be submitted to the voters of the WHEREAS, the City Council ha~, ;dined to the CIP with regard to the First Avenue Extension. NOW, THEREFORE, BE IOWA, THAT: ~LVED BY THE TY COUNCIL OF THE CITY OF IOWA CITY, The Johnson before the qualifie~ November 4, litor is hereby authorized ,lectors of the City of Iowa City, directed to place the following question at the next general city election on Shall th~ public measure be adopted? Yes No Shall 19[ Iowa City Multi-Year Capital Improvement Ih 2002 be amended to remove the First Avenue and instead, include the First Avenue Extension in ~m for fiscal years 1998 from Fiscal Year Year 2002, Passed this day of CITY CLERK MAYOR Al~r~ved by City Attorney's Office eleanor~lstavequ.doc City of Iowa City MEMORANDUM Date: To: From: Subject: August 28, 1997 City Council Eleanor Dilkes, Acting City Attorney First Avenue Extension - Submission of Question to Voters After discussion with Steve Atkins and Marian Karr, this memo is written so there will be no misunderstanding going into Friday's meeting concerning the Council's obligation/authority to place the issue of the First Avenue Extension before the voters. Under the initiative provisions of the City Charter, in the absence of a sufficient petition (i.e. a petition signed by the required number of registered voters) there is no initiative resolution on which the Council can act, i.e. there is no initiative to put on the ballot. The resolutions on the Friday agenda relate only to a sufficient citizen initiative. The question has been posed, however, whether the Council, on its own, and without regard to the initiative and referendum provisions, may submit a question to the voters. Section 2.11 of the City Charter does provide that the Council may, without a petition, submit to the voters a proposition for the repeal, amendment or enactment of any measure. If the proposition receives a majority vote, the measure shall be repealed, amended or enacted accordingly, i.e. the vote is binding, not advisory. Please call me if you have any questions. cc: Steve Arkins Marian Karr Dale Helling Sarah Holecek