Sec. 3.1 Composition of city council. - The city council shall consist of seven members to be elected by and from the qualified voters of the city voting at large in the manner provided by article IV.
(Amended by Ord. passed 7-16-87)
Sec. 3.2 Mayor and mayor pro tempore. - The mayor shall be elected by and from the qualified voters of the city voting at large in the manner provided by article IV. The mayor shall be the official head of the city government and shall preside at all meetings of the city council. Where there is an equal division upon any question, or in the appointment of officers, by the council, the mayor shall determine the matter by his vote, and he shall vote in no other case. The mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the General Laws of North Carolina, by this Charter, and by the ordinances of the city. The city council shall choose one of its number to act as mayor pro tempore, and he shall perform the duties of the mayor in the mayor's absence or disability. The mayor pro tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the council.
Sec. 3.3 Terms; qualifications; vacancies. -
(a) The mayor and the members of the city council shall serve for terms of four years, beginning the day and hour of the organizational meeting following their election, as established by ordinance in accordance with this Charter; provided, they shall serve until their successors are elected and qualified. At the regular municipal election to be held in 1997, the four candidates who receive the highest number of votes shall be elcted for four-year terms, while the three candidates who receive the next highest number of votes shall be elected for two-year terms. At the regular municipal election to be held in 1999, and every four years thereafter, three members of the City Council shall be elected to serve for four-year terms. At the regular municipal election to be held in 2001, and every four years thereafter, four members of the City Council shall be elcted to four-year terms.
(b) No person shall be eligible to be a candidate or to be elected as mayor or as a member of the city council, or to serve in such capacity, unless he is a resident and a qualified voter of the city.
(c) If any elected mayor or councilmember shall refuse to qualify, or if there shall be any vacancy in the office of mayor or councilmember after election and qualification, the remaining members of the council shall by majority vote appoint some qualified person to serve for the unexpired term. Any mayor or councilmember so appointed shall have the same authority and powers as if regularly elected.
(Amended by Senate Bill 1497, passed 6-4-90; Am. Ord., passed 8-6-92; Am. Ord. 01-96, passed 1-4-96)
Sec. 3.4 Compensation of mayor and councilmembers. - The mayor shall receive for his services such salary as the city council shall determine, and no increase or reduction in his salary shall be made to take effect during the term in which it is voted. The city council may establish a salary for its members which may be increased or reduced, but no increase shall be made to take effect during the respective term in which it is voted.
(Amended by Senate Bill 1497, passed 6-4-90)
Sec. 3.5 Organization of council; oaths of office. - The mayor and city council shall meet and organize for the transaction of business at a time established by ordinance, following each election and prior to January first. Before entering upon their offices, the mayor and each councilmember shall take and subscribe before the city clerk, and have entered upon the minutes of the council, the following oath of office: `I, , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully perform the duties of the office of , on which I am about to enter, according to my best skill and ability; so help me, God.'
(Amended by Senate Bill 1497, passed 6-4-90; Am.
Ord., passed 8-6-92)
Sec. 3.6 Meetings of council. -
(a) The city council shall fix suitable times for its regular meetings, which shall be as often as once monthly. Special meetings may be held on the call of the mayor or a majority of the council members, and those not joining in the call shall be notified in writing. Any business may be transacted at a special meeting that might be transacted at a regular meeting.
(b) All meetings of the city council shall be open to the public. The council shall not by executive session or otherwise formally consider or vote upon any question in private session.
Sec. 3.7 Quorum; votes. -
(a) A majority of the members elected to the city council shall constitute a quorum for the conduct of business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance.
(b) Four affirmative votes, which may include the vote of the mayor, shall be necessary to adopt any ordinance, or any resolution or motion having the effect of an ordinance. All other matters to be voted upon shall be decided by a majority vote of the members present and voting.
Sec. 3.8 Ordinances and resolutions. - The adoption, amendment, repeal, pleading, or proving of ordinances shall be in accordance with the applicable provisions of the General Laws of North Carolina not inconsistent with this Charter. The yeas and nays shall be taken upon all ordinances and resolutions and entered upon the minutes of the council. The enacting clause of all ordinances shall be: `Be it ordained by the City Council of the City of Asheboro'. All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.