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Section 5.1 LEGISLATIVE POWER
   The legislative power of the City is vested exclusively in the Council, except as otherwise provided by law.
Section 5.2 LEGISLATION
   a.   All legislation of the City shall be by resolution or by ordinance.
   b.   Resolutions, in the form of motions, may be adopted by majority vote of the Council members present, except as otherwise provided by this Charter.
   c.   The power of the Council to act by resolution is limited to matters required or permitted by law or by this Charter, and to matters pertaining to the internal concerns of the City.
   d.   The Council shall act by majority vote of the Entire Council when adopting an ordinance, when establishing a rule or regulation, when amending or repealing an ordinance previously adopted, or when required by law or by this Charter, except as provided in Section 5.4c.
Section 5.3 ORDINANCES - COMPOSITION - HEARINGS - PUBLICATIONS
   a.   Every proposed ordinance shall be introduced in writing. The enacting clause shall be β€œThe City of Charlevoix ordains.........”.
   b.   Following the introduction of any ordinance, the City Clerk shall publish a summary of the proposed ordinance in a local newspaper of general circulation in the City, together with a notice setting out the time and place for a public hearing on the proposed ordinance. The public hearing may not be held sooner than five (5) days after publication. Copies of the ordinance shall be distributed without charge at the office of the City Clerk.
   c.   After the public hearing, the Council may consider enacting the proposed ordinance. The enactment of an ordinance shall require the majority vote of the entire Council.
   d.   Except as otherwise provided by law or this Charter, a summary of each ordinance, including emergency ordinances, shall be published in full in a local newspaper and the full text of each ordinance shall be posted by the City in an electronic conveyance with paper copies available for review in the City Clerk's office. Such posting shall occur within 10 days following the adoption of the ordinance by the City Council.
ANNOTATION: As amended by vote of electors November 3, 2020.
   e.    Except as otherwise provided by law or this Charter, every ordinance shall become effective on the thirtieth (30th) day after enactment, or at any later date specified therein.
   f.   An ordinance which repeals or amends any existing ordinance or part of the City Code shall identify, by title and number, the ordinance, sections, or subsections to be repealed or amended, and shall clearly indicate the matter to be omitted and the new matter to be added, except in codifying, re-codifying or continuing in code its municipal ordinances, in full or in part, as provided by statute.
   g.    Ordinances and codes may be enacted by reference to the extent and in the manner provided by general law.
Section 5.4 ORDINANCES - EMERGENCY
   a.   To meet a public emergency affecting life, health or property, one or more emergency ordinances may be enacted. However, an emergency ordinance may not levy taxes, or grant, renew or extend a franchise, or regulate the rate charged by any public utility for its service.
   b.   An emergency ordinance shall be introduced in the form and manner required for ordinances generally, except that it shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear, specific terms.
   c.   An emergency ordinance may be enacted on the date of introduction and given immediate effect, by a majority vote of the Council members present at the time of the enactment.
   d.   Every emergency ordinance is automatically repealed on the sixty first (61st) day after its enactment, unless re enacted pursuant to Section 5.3.
Section 5.5 ORDINANCE - PENALTY
   An ordinance may provide a penalty for the violation of its provisions. The penalty shall not exceed the limits provided by law.
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