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The legislative powers of the City, except as limited by this Charter, shall be vested in a Council of five members, elected as is hereinbefore provided. Vacancies in the Council shall be filled by the Council for the unexpired term. The vacancy filled by Council shall be filled by an elector of the ward in which the vacancy occurred.
(Amended November 7, 1989)
All members of the Council shall be resident electors of the City, and each Ward Councilman shall be a resident of the ward which he represents. Any member who ceases to possess any one or more of these qualifications shall forthwith forfeit his office.
(Approved by Voters 5-7-74)
At seven o’clock p.m. on the first Tuesday in January, or, in the case of the first Tuesday being January 1, then on the first Wednesday, following a regular Municipal election, the Council shall meet the usual place for holding such meetings, at which time the newly elected Council shall assume the duties of their office. Thereafter the Council shall meet at such times as may be prescribed by ordinance or resolution.
The Mayor, the President of Council or any three members thereof may call special meetings of the Council upon written notices served personally upon each member or at his usual place of residence, at least six hours previous to time fixed for such meeting. Any such request for special meeting shall state the subjects to be considered at the meeting and no other subject shall be then considered. (Amended November 3, 2009)
The Council shall be the judge of the election and qualification of its members. A majority of all the members elected shall be a quorum to do business but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members of the Council shall be necessary to adopt any ordinance or resolution and on the passage thereof a vote shall be taken by yeas and nays and entered upon the Journal. The Council shall determine its own rules and order of business and shall keep a Journal of its proceedings. All meetings of the Council or committees thereof shall be conducted in accordance with State law regarding meetings of public bodies and any citizen shall have access to the minutes and records thereof at all reasonable times.
(Amended November 7, 2000)
At the first meeting in January, following a regular Municipal election, or as soon thereafter as may be, the Council shall elect one of its members President. The Council President shall preside at the meetings of the Council and perform such duties as presiding officer as may be imposed upon him by the Council, by ordinance or by law. If the President of Council is absent from the City or unable to perform his duties for reasons other than death, resignation or removal of his residence from the City, the remaining Councilmen will elect, from their own body an acting President during such absence.
(Amended November 7, 1989)
The Council shall choose such officers and employees of its own body as are necessary provided that the Director of Finance and Public Record shall be its Clerk without additional compensation therefor. (EDITOR'S NOTE: The Director of Finance and Public Record is no longer the Clerk of Council. By Charter amendment enacted November 7, 1989, the separate position of Clerk of Council was created. )
The Clerk shall keep the records of the Council and perform such other duties as may be required by ordinance or resolution.
All officers and employees chosen by the Council shall serve during the pleasure thereof.
Each proposed ordinance or resolution shall be introduced in written or printed form, and shall not contain more than one subject which shall be clearly stated in the title; but general appropriation ordinances may contain the various subjects and accounts for which moneys are appropriated.
The enacting clause of all ordinances passed by the Council shall be, "Be it ordained by the Council of the City of Ashland."
The enacting clause of all ordinances submitted to the initiative shall be, "Be it ordained by the people of the City of Ashland."
No ordinance or resolution or section thereof shall be revised or amended, unless the new ordinance or resolution contains the entire ordinance or resolution or section revised or amended, and the ordinance, resolution, section or sections so amended shall be repealed.
Any ordinance or resolution passed by the Council shall be signed by the President and presented to the Mayor by the Clerk. If the Mayor approves such ordinance or resolution he shall sign it within ten (10) days after its passage or adoption by the Council; but if he does not approve it, he shall return it to the Council with his objections within said ten (10) days, or if the Council be not then in session, at the next regular meeting thereof, which objections the Council shall cause to be entered in full on its Journal. If the Mayor does not sign or veto an ordinance or resolution after its passage or adoption within the time specified, it shall take effect in the same manner as if he had signed it. The Mayor may approve or disapprove the whole or any item or part of any ordinance or resolution appropriating money. When the Mayor refuses to sign an ordinance or resolution or part thereof and returns it to the Council with his objections, the Council shall, not later than the next regular meeting, proceed to reconsider it, and, if upon such consideration, the resolution or ordinance or part or item thereof disapproved by the Mayor is approved by the vote of two-thirds of all the members elected to the Council it shall then take effect as if it had received the signature of the Mayor. In all such cases the votes shall be taken by "yeas" and "nays" and entered upon the Journal.
(Amended November 7, 1989)
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