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The Council shall have power to enact all ordinances deemed necessary for the establishment, maintenance and protection of all cemeteries and parks (together with the improvements thereon and appurtenances thereto) now owned or hereafter acquired by the city, either within or without its corporate limits and like power with reference to all cemeteries within the city belonging to, or under the control of any church, religious society, corporation, company or association.
All trusts established for cemetery, park, or other municipal purposes shall be used and continued in accordance with the terms of such trusts, subject to the common law cy pres doctrine. The City may, in its discretion, receive and hold any property in trust for cemetery, park or other municipal purposes and shall apply the same to the execution of such trusts and for no other purposes whatsoever, except in cases where the law cy pres doctrine shall apply.
The Council shall, by ordinance within ninety (90) days, if not already enacted, provide for the regulation, pursuant to law, of the use, occupancy, sanitation and parking of mobile homes, motor homes and house trailers within the City. The right of the Council to so regulate any mobile home, motor home or house trailer shall not be abrogated because of any detachment thereof from its wheels or because of placing it on, or attaching it to, the ground by means of any temporary or permanent foundation, or in any manner whatsoever.
Private property may be taken and appropriated, either within or without the City, for any public use in connection with any acquisition, enlargement, or extension of municipal public utilities, including, but not by the way of limitation, utilities for supplying water, light, heat, power, gas, sewage treatment, and garbage disposal, or any of them; for the purpose of opening, widening, altering, and extending streets, alleys and avenues; for the construction of bridges, for public buildings and for other public structures; for public grounds, parking spaces, parks, market places; for public housing projects; or the improvement of waters and water courses within the City; for sewers, drains and ditches; for public hospitals, pest houses, quarantine grounds and public cemeteries; and for all other lawful and necessary public use. The ownership of such property shall be acquired by the City by negotiation and purchase, or in any other manner permitted by the general laws of the State for the taking of private property for public use.
The Council, or any person or committee authorized by it for the purpose, shall have power to inquire into the conduct of any department, office, or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure on the part of any officer of the city to obey such subpoena to produce books, papers, or other evidence as ordered under the provisions of this section shall constitute misconduct in office. If such failure shall be on the part of any employee of the city, the same shall constitute a misdemeanor.
The Council shall not have the power to:
(a) Make any contract with or give any official position to any person who is in default to the City;
(b) Sell any property of a value in excess of three hundred and 00/100 dollars ($300.00), as determined by the then market value, unless the said property is offered for sale and an opportunity for free competition be given;
(c) Sell any park, cemetery or any part thereof, or any property bordering on a water front, or vacate any street or public place leading to a water front;
(d) Engage in any business enterprise requiring an investment of money in excess of One Dollar ($1.00) per capita, unless approved by three-fifths (3/5) of the electors voting thereon at any general or special election.
The City Council may not rent or lease public property for a period longer than five (5) years unless such rental or lease agreement shall have been referred to the people at a public hearing and approved by four-fifths (4/5) of the Council. No such lease shall be accepted by the City unless the party leasing or renting the property has filed with the Clerk his/her unconditional acceptance of all the terms of such lease or rental agreement.