| § 3.01. City council; composition |
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There shall be a city council of five (5) members, who shall be electors of the city, elected by the electors of the city. |
| § 3.02. Qualifications of electors and councilmembers |
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Any person who is a resident of the city, who has qualified as an elector of this state, and who registers in the manner prescribed by general law and ordinance of the city, shall be a qualified elector of the city. Any elector of the city shall be eligible to hold the office of city council member. The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one (1) or more newspapers of general circulation in the city at least one (1) week in advance of the hearing. |
| § 3.03. Election and terms |
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The regular election of city councilmembers shall be held on a date each year which is prescribed by ordinance, in the manner provided in Article V of this Charter, and shall be for two (2) year terms. Three (3) councilmembers shall be elected in every odd numbered year for a term of two (2) years each, and the remaining two (2) councilmembers shall be elected in every even numbered year for a term of two (2) years each. |
| § 3.04. Election districts |
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The city council may by Ordinance divide the city into more than one (1) election district, prescribe the boundaries therefor and the polling places therein and may alter or change the same or create new districts. |
| § 3.05. Compensation and expenses |
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The council may determine the annual salary of council members by ordinance, or resolution by a vote of a majority of the council. |
| § 3.06. Mayor |
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The council shall elect from among its members a mayor and a mayor pro tem. Election of the mayor and mayor pro tem shall be done annually at the first (1st) regular council meeting after the city election. Neither the mayor nor the mayor pro tem shall serve more than one consecutive term of office. The mayor shall preside at meetings of the council, shall be recognized as head of city government for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents, but no contracts, deeds, or other obligatory documents shall be executed without the affirmative vote of a majority of the city council, and as the city official designated to represent the city in all agreements with other governmental entities or certifications to other governmental entities, but shall have no administrative duties except as required to carry out the responsibilities herein. The mayor pro tem shall act as mayor during the absence or disability of the mayor. The city council, by resolution, may delegate the authority to execute contracts, deeds and other documents to the city manager. |
| § 3.07. Prohibitions |
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(a) Appointment and removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the manager or any of his subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees. (b) Interference with administration. Except for the purpose of inquiries and investigations, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. Nothing in the foregoing is to be construed to prohibit individual members of the council from closely scrutinizing by questions and personal observation, all aspects of city government operations so as to obtain independent information to assist the members in the formulation of sound policies to be considered by the council. (c) Holding other office. No former elected city official shall hold any compensated appointive city office or employment until one year after the expiration of the term for which he was elected. |
| § 3.08. Vacancies; forfeiture of office; filling of vacancies |
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(a) Vacancies. The office of a councilmember shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office, such forfeiture to be declared by the remaining members of the council. (b) Forfeiture of office. A councilmember shall forfeit his office if he lacks at any time during his term of office any qualification for the office prescribed by this Charter or by law. (c) Filling of vacancies. When a vacancy on the council occurs, the vacancy shall be filled by a person selected by a majority of the remaining council members. The person selected shall serve for the remaining term of the council seat so vacated. In the event that no candidates qualify to run for a seat on the council which is scheduled to be filled in an upcoming city election, then that office shall be considered to be vacant as of the date when the upcoming term begins, and shall be filled by a person selected by a majority of the council members. The person selected shall serve for the full term of the office in the same manner as though he or she had been elected by the electors of the city. (d) Extraordinary vacancies. In the event that all members of the council are removed by death, disability, law or forfeiture of office, the governor shall appoint an interim council that shall call a special election as provided in (c) above and such election shall be held in the same manner as the first election under this Charter. |
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(Ord. No. 489, § 1, 9-22-98) |
| § 3.09. Procedure |
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(a) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or any member of the council and, whenever practicable, upon no less than 24 hours notice to each member and the public. (b) Rules and journal. The council shall determine its own rules and order of business. (c) Voting. Voting, on ordinances and resolutions, shall be by roll call on final action and shall be recorded in the journal. A majority of the council shall constitute a quorum; but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. No action of the council except as otherwise provided in the preceding sentence and in Section 3.08, shall be valid or binding unless adopted by the affirmative vote of not less than three councilmembers. |
| § 3.10. Action requiring an ordinance |
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In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the city council shall be by ordinance which: (1) Adopt or amend an administrative code or establish, alter or abolish any city department or agency; (2) Establish a rule or regulation the violation of which carries a penalty; (3) Levy taxes authorized by general law; (4) Grant, renew or extend a franchise; (5) Set service or user charges for municipal services or granting administrative authority for such charges; (6) Authorize the borrowing of money not inconsistent with the limitations established in the Constitution and general law of the state; (7) Convey or lease or authorize by administrative action the conveyance or lease of any lands of the city; (8) Amend or repeal any ordinance previously adopted, except as otherwise provided herein. |
| § 3.11. Procedures for adoption of ordinances and resolutions |
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(1) As used in this section, the following words and terms shall have the following meanings unless some other meaning is plainly indicated: (a) "Ordinance" means an official legislative action of the governing body, which action is a regulation of a general and permanent nature and enforceable as a local law. (b) "Resolution" means an expression of the governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body. (2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act or section or subsection or paragraph of a section or subsection. (3) (a) Except as provided in paragraphs (b) and (c), a proposed ordinance may be read by title, or in full, at least two separate meetings held at least seven days apart, and shall, at least seven days prior to adoption, be noticed once in a newspaper of general circulation in the city. The notice of proposed enactment shall state the date, time and place of the meeting, the title or titles of proposed ordinances, and the place or places within the municipality where such proposed ordinances may be inspected by the public. Said notice shall also advise that interested parties may appear a the meeting and be heard with respect to the proposed ordinance. (b) Enactment of ordinances initiated by the governing body which rezone private real property or which enact or amend a land use plan shall be enacted according to the procedures as provided by general law or as may be prescribed by ordinance. (c) Emergency ordinances shall be enacted according to the following procedure: To meet a public emergency affecting life, health, property or the public peace, the council may adopt one or more emergency ordinances, but such ordinances may not levy taxes; grant, renew to extend a franchise; set service or user charges for any municipal services; or authorize the borrowing of money except as provided under the emergency appropriations provisions of this Charter if applicable. 1. Form. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated in a preamble as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. 2. Procedures. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least four-fifths of all the council shall be required for adoption. 3. Effective date. Emergency ordinances shall become effective upon adoption or at such other date as may be specified in the ordinance. 4. Repeal. Every emergency ordinance except emergency appropriations shall automatically stand repealed as of the sixty-first (61st) day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance under regular procedures, or if the emergency still exists, in the manner specified in this section. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. 5. Emergency appropriations. The council may make emergency appropriations in the manner provided in this section. To the extent that there are no available unappropriated revenues to meet such appropriations, the council may by emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (4) Except as provided in this Charter, all ordinances or resolutions passed by the governing body shall become effective ten (10) days after passage or as otherwise provided therein. |
| § 3.12. Standing committees |
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The city council shall by ordinance or resolution determine the number and character of the standing committees needed, and prescribe their powers and duties consistent with the provisions of this act. Such committees shall be appointed by the mayor as soon after organization of the council as practical. Vacancies in such committees shall be filled through appointment by the mayor of a person or persons to serve for the remainder of the unexpired term. |
| § 3.13. Authentication, recording and disposition of ordinances, resolutions and Charter amendments |
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(a) Authentication. The presiding officer of the council an [and] the person charged with keeping the journal shall authenticate by their signatures all ordinances and resolutions adopted by the council. In addition, when charter amendments have been approved by the electors, the presiding officer of the council and the person charged with keeping the journal shall authenticate by their signatures the charter amendment, such authentication to reflect the approval of the charter amendment by the electorate. (b) Recording. The person charged with keeping the journal shall keep properly indexed books in which shall be recorded, in full, all ordinances and resolutions passed by the council. Ordinances shall, at the direction of the council, be periodically codified. The person charged with keeping the journal shall also maintain the city charter in current form and shall enter all charter amendments and send a copy of the revised charter incorporating amendments to the Secretary of State's office. (c) Printing. The council shall, by ordinance, establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this Charter available to the people of the city for public inspection and available for purchase at a reasonable price. |
| § 3.14. Budget adoption |
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The council shall by resolution adopt the budget for the next fiscal year on or before the last day of the preceding fiscal year. If it fails to adopt the budget by this date, the council by resolution may direct that the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year for a period of fifteen (15) days and renewed by resolution each fifteen (15) days with all items in it prorated accordingly, until such time as the council adopts a budget for the ensuing fiscal year. A resolution adopting an annual budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated. |
| § 3.15. Appropriation amendments during the fiscal year |
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(a) Supplemental appropriations. If during the fiscal year revenues in excess of those estimated in the budget are available for appropriation, the council by resolution may make supplemental appropriations for the year up to the amount of such excess. (b) Reduction of appropriations. If at any time during the fiscal year it appears probable to the manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the council without delay, indicating the estimated amount of the deficit, any remedial action taken by him and his recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one (l) or more appropriations. (c) Limitations; effective date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. |
| § 3.16. City depositories |
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The city council shall appoint such banks or saving and loan associations as may be needed from time to time as depositories, and all funds coming to the city or any of its officers, committees and boards, shall be deposited with such designated depository or depositories to be kept under such accounts and paid out or withdrawn under such regulations as the council may prescribe. The city council shall require such depository or depositories to render monthly statements to the council of all funds or securities received and paid out under the respective accounts, showing the balances on hand. Such depository or depositories shall be appointed to serve at the pleasure of the city council. |
| § 3.17. City attorney |
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The council may appoint annually at the beginning of each fiscal year an attorney who shall be the legal advisor to the council and the manager upon all municipal matters. He shall upon request of the council or the manager prepare or approve as to form and legality such ordinances; resolutions, contracts, bonds and other instruments with which the city may be concerned. He shall appear for the city in all civil cases involving the interests of the city, and he shall perform such other duties as may be required by ordinance or general law. His compensation shall be set annually by the council. He shall not accept adverse employment in any matter in which the city may be interested. The city may also employ special counsel in any case in which the city attorney may be disqualified or unable to act, or in any other matter requiring the assistance of special counsel. |
| § 3.18. Ad valorem taxes |
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The city council shall have the power and authority to levy ad valorem real and personal property taxes as authorized by, and according to the procedures of general law. |
| § 3.19. Regulations of occupations, trades, businesses and professions |
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Unless prohibited or pre-empted by general law, the city council may by ordinance, license and regulate any and all occupations, trades, businesses or professions carried on or operated within the city. |