HomeMy Public PortalAbout2006.03.30 Petition to limit Building Height to 35'Page 1 of 1
Joanne York
From: Lindley Kirkpatrick
Sent: Thursday, March 30, 2006 9:53 AM
To: William F. Nichols; Joanne York
Subject: RE: Petition
IC 50-501 requires the City Council adopt an ordinance that allows for "direct legislation by the
people through the initiative and referendum." It further sets as a minimum requirement for the
ordinance that the number of petitioners "shall be equal to twenty percent (20%) of the total
number of electors who cast votes at the last general election of the City."
McCall City Code 1-6-1 - apparently what the City Council adopted to comply with the
requirements of IC 50-501 - says that the number of petitioners is "equal to at least twenty percent
(20%) of the total number of voters registered to vote at the last general election in the City." That
works out to a greater number of petitioners than the minimum required by IC 50-501.
It seems to me that Idaho Code sets the minimum standard, but our City Code establishes a higher
standard - a greater number of signatures is required. Normally, I don't think that a city code can
be more restrictive than the State code, but in this case, it seems that the State code implies that a
higher standard can be established by cities. The legislature could have said "the requirements of
the ordinance shall be...", instead they said "the minimum requirements..." It seems that they
envisioned additional or greater requirements being imposed by cities.
Regardless, if I was the petitioner, I would try to meet the higher standard and avoid the whole debate.
We probably can't get off the hook that easily, though.
Now that you mention it, it does look like it will take three separate petitions. I assume that means three
separate ballot questions?
3/30/2006
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