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File #: PH-22-060    Version: 1 Name: Initiative Petition Ordinance
Type: Ordinance/Public Hearing Status: Failed
File created: 6/10/2022 In control: City Council
On agenda: 7/26/2022 Final action: 7/26/2022
Title: HOLD a public hearing and consider an initiative ordinance amending the Code of Ordinances Chapter 22, Police, to eliminate low-level marijuana enforcement in the City of Killeen.
Sponsors: City Secretary
Attachments: 1. Ordinance

Title

 

HOLD a public hearing and consider an initiative ordinance amending the Code of Ordinances Chapter 22, Police, to eliminate low-level marijuana enforcement in the City of Killeen.

 

Summary

 

DATE:                     July 26, 2022                     

 

TO:                     Kent Cagle, City Manager                     

 

FROM:                     Holli Clements, Interim City Attorney                     

 

SUBJECT:                     Initiative Ordinance Amending Chapter 22 to Eliminate Low-Level Marijuana Enforcement                     

 

BACKGROUND AND FINDINGS:

 

On May 25, 2022, an initiative petition to eliminate low-level marijuana enforcement in the City of Killeen was filed with the City Secretary’s office.  Any initiative ordinance may be submitted to the council by a petition signed by qualified electors of the city equal in number to at least twenty-five percent of the number of voters in the last regular municipal election of the mayor and at-large councilmembers.

 

The City Secretary certified on June 14, 2022 at a regular meeting of the City Council that the initiative petition filed on May 25, 2022 to eliminate low-level marijuana enforcement was filed and completed as required by the Charter.

 

The next steps for City Council is to conduct a public hearing on the proposed ordinance and consider the ordinance not later than sixty days from receiving the certification from the City Secretary. 

 

Per City Charter, if the City Council shall fail to pass an ordinance proposed by the initiative petition or shall pass it in a form different from that set forth in the petition, the proposed ordinance shall be submitted to the electors on the first authorized uniform election date. 

 

THE ALTERNATIVES CONSIDERED:

 

There is no alternative to holding a public hearing on the submitted initiative ordinance. 

 

After holding a public hearing, City Council has three (3) alternatives:

                     Do not approve the ordinance;

                     Approve the ordinance with modifications; or

                     Approve the ordinance as presented.

 

If there are modifications to the ordinance or if City Council does not approve the ordinance, it will need to be submitted to the electors at the next authorized uniform election date which is November 8, 2022.

 

Which alternative is recommended? Why?

 

Pursuant to the City Charter, staff recommends the City Council hold a public hearing and consider taking action on the submitted initiative ordinance.

 

CONFORMITY TO CITY POLICY:

 

The process of holding a public hearing and considering an initiative ordinance conforms to Article X of the Charter.

 

FINANCIAL IMPACT:

 

What is the amount of the expenditure in the current fiscal year? For future years?

 

There are no expenditures associated with the initiative ordinance.

 

Is this a one-time or recurring expenditure?

 

N/A

 

Is this expenditure budgeted?

 

N/A

 

If not, where will the money come from?

 

N/A

 

Is there a sufficient amount in the budgeted line-item for this expenditure?

 

N/A

 

RECOMMENDATION:

 

Staff recommends City Council hold a public hearing and consider the submitted initiative ordinance.

 

DEPARTMENTAL CLEARANCES:

 

N/A

 

ATTACHED SUPPORTING DOCUMENTS:

 

Ordinance