Section 40. Amendment of charter  


Latest version.
  • 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.