US Laws, Codes, Statutes & Cases

 
    §  40.    Amendment  of  charter.    Amendments to this charter may be
  adopted by any of the following methods:
    1.  By local law adopted in accordance with  the  provisions  of  this
  charter.
    2.   By vote of the electors of the city upon the petition of electors
  of the city, an amendment may be adopted
    (a)  in relation to the manner of voting for the elective officers  of
  the city or any of them, or
    (b)    abolishing  any  elective  office  or offices or creating a new
  office or offices, including if so provided a transfer of powers to  the
  newly  created  office  or offices or a disposition of the powers of any
  office abolished, but no such  amendment  shall  repeal  or  change  any
  limitations contained in this charter on any power.
    (c)  such amendment may be adopted in the manner following:
    (1)  Not  less  than fifty thousand qualified electors of the city may
  file in the office of the city clerk a petition for  the  submission  to
  the  electors  of the city at the next general election therein held not
  less than sixty days after filing of such petition of  such  a  proposed
  amendment  or  amendments  to the charter to be set forth in full in the
  petition.   The petition may  be  made  upon  separate  sheets  and  the
  signatures  of each shall be authenticated in the manner provided by the
  Election Law for the  authentication  of  designating  petitions.    The
  several  sheets  so  signed and authenticated when fastened together and
  offered for filing shall be  deemed  to  constitute  one  petition.    A
  signature made earlier than one hundred twenty days before the filing of
  the  petition shall not be counted.  If within ten days after the filing
  of such petition a written objection thereto be filed with the office of
  the city clerk, the Supreme Court or any justice thereof of  the  first,
  second  or  eleventh  judicial  district  shall  determine  any question
  arising thereunder and make such order as justice  may  require.    Such
  proceedings  shall  be  heard and determined in the manner prescribed by
  the election law in relation to judicial proceedings thereunder.
    (2)  If such proposed amendment or amendments receive the  affirmative
  vote  of  the  majority  of  the  qualified  electors of the city voting
  thereon, it or they shall take effect as prescribed therein.
    3.  In such other manner as may be provided by law.