ARTICLE 2
THE COUNCIL
THE COUNCIL
There shall be a council of five members, which shall consist of the mayor as ex officio councilman at large and one councilman from each of the four wards of the city as the wards are now constituted or as they may hereafter be constituted by ordinance. The electors shall elect them as provided in this charter for a term of three years and until their successors have been elected and take office. Only qualified electors of the city shall be qualified for the office of mayor and ex officio councilman at large. Only qualified electors residing in the city and in the wards from which they are respectively elected shall be qualified for the offices of councilmen from the wards; and removal of such councilman from the ward from which he was elected to another ward shall disqualify him from completing the term for which he was elected. Neither the mayor nor any other councilman may hold any office or position in the city government by appointment by the city manager.
1. The mayor shall preside at meetings of the council and shall certify to the correct enrollment of all ordinances and resolutions passed by it. He shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law. As councilman at large, he shall have all the powers, rights, privileges, duties and responsibilities of councilmen. He shall have no regular administrative duties except that he shall sign such written obligations of the city as the council may require. If a vacancy occurs in the office of mayor when the office of vice-mayor is vacant, the council shall elect a qualified elector of the city, who may or may not already be a councilman at the time, to be mayor for completion of the unexpired term; and
2. Every year, at the first meeting after the time for the beginning of the term of a newly elected mayor or councilmen or as soon thereafter as practicable, the council shall elect one of its members vice-mayor, who shall serve as such until the next such first meeting. The vice-mayor shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs in the office of mayor, shall become mayor and ex officio councilman from that ward for the completion of the unexpired term. If by succession to the office of mayor or otherwise the office of vice-mayor becomes vacant, the council shall elect from its members another vice-mayor for the completion of the unexpired term.
Except as otherwise provided in this charter, all powers of the city, including the determination of all matters of policy, shall be vested in the council. Without limitation of the foregoing, the council may:
1. Appoint and remove the city manager as provided in this charter;
2. By ordinance enact municipal legislation;
3. Raise revenue, make appropriations, regulate bond elections, the issuance of bonds, sinking funds, the refunding of indebtedness, salaries and wages, and all other fiscal affairs of the city; subject to the provisions of the state constitution and law and this charter;
4. Establish or adopt a pension, retirement and/or social security system or systems for any or all groups of the officers and employees in the service of the city, either alone or in cooperation with the state or federal government or both;
5. Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs;
6. Appoint or elect and remove its own subordinates, the members of the personnel board, the members of the planning commission, the members of the board of adjustment and other quasi-legislative, quasi-judicial or advisory officers and authorities, now or when and if established, or prescribe the method of appointing or electing and removing them;
7. Grant pardons, including the remission of fines and costs;
8. Regulate elections and the initiative and referendum within the limits prescribed by the state constitution and law and this charter;
9. Regulate the organization, powers, duties and functions of the municipal court and of the minor violations bureau, when and if established, within the limits prescribed by the state constitution and law and this charter; and
10. Create, change and abolish all offices, departments and agencies of the city other than the offices, departments and agencies created by this charter; and assign additional powers, duties and functions to offices, departments and agencies created by this charter.
Neither the mayor, the council nor any of its members may direct or request the appointment of any person to, or his removal from, office or employment by the city manager or by any other authority, or, except as provided in this charter, participate in any manner in the appointment or removal of officers and employees of the city. Except for the purpose of inquiry, the mayor, the council and its members shall deal with the administrative service solely through the city manager; and neither the mayor, the council nor any member thereof may give orders on administrative matters to any subordinate of the city manager either publicly or privately.
1. The city treasurer shall be ex officio city clerk, and an acting city treasurer shall be ex officio acting city clerk. In the absence from a meeting of the city clerk and acting city clerk if any, the council may appoint an acting city clerk to serve for that particular meeting.
2. The city clerk shall keep the journal of the proceedings of the council; shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by it; shall be custodian of such documents, records and archives as may be provided by applicable law or ordinance; shall be custodian of the seal of the city; shall attest, and affix the seal to, documents when required in accordance with applicable law or ordinance; and shall perform such other duties as the charter or the council may prescribe or direct. The city clerk, as such, does not collect revenue and other money for the city except as may be incidental to his duties as city clerk; in all other cases where the law or ordinances provide that money shall be paid to the city clerk, it shall be paid instead to the city treasurer as city treasurer.
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