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A majority of the membership of Council shall constitute a quorum for the transaction of business at any meeting of the Council, but a lesser number may adjourn the meeting from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by this Charter and/or the Rules of Council. However, the Rules of Council shall not supersede procedures set down by this Charter or any amendment thereto.
Council shall adopt its own rules, regulations or by-laws, insofar as they are not set forth in this Charter, and shall keep a journal of all of its proceedings. The journal shall be open for public inspection during the Clerk's office hours. The voting upon any ordinance, resolution or motion shall be by roll call, and the vote of each Councilman shall be entered upon the journal.
All legislative action shall be by ordinance or resolution, introduced in written or printed form, but departmental procedural matters may be transacted by motion appearing on the journal. An affirmative vote of at least a majority of the members of Council eligible to vote shall be required for the passage of every ordinance, motion or resolution. Unless otherwise provided herein, every ordinance or resolution shall be fully and distinctly read at three (3) consecutive Council meetings unless a majority of the members of Council who are present dispense therewith, in which event such ordinance or resolution shall be read by title only.
No ordinance or resolution shall contain more than one subject, which subject shall be clearly expressed on its title, and no ordinance or resolution shall be revised or amended unless the ordinance or resolution superseding it contains the entire ordinance or resolution so revised or amended, or the section or sections so revised or amended, and having been revised or amended, the original ordinance, resolution or section or sections shall be expressly repealed.
All ordinances, resolutions, statements, orders, proclamations and reports required by law or by this Charter or by ordinance to be published or posted, shall be published or posted at five (5) places, one of which shall be the Municipal Building, and the other four (4) of which shall be places designated by Council, for a period of not less than ten (10) days prior to the taking of effect thereof, and the Clerk-Treasurer shall keep a verified list of such postings, including places, dates, ordinance numbers and dates of posting. An emergency ordinance or resolution shall also be published or posted as aforesaid, but said requirement shall not postpone the immediate taking effect thereof, as provided in Section 13 of this Article.
All meetings of Council committees shall be held at the Village Hall and be open to the public, but not open to public participation.
(Amended 11-2-76, 11-7-78, 11-2-93)
The Council may make provision by ordinance for:
(a) The procedure for making public improvements and levying assessments, including the procedure for combining two (2) or more public improvements, and the levying of assessments therefor in one proceeding if the Council finds that it will be economical and practical to undertake such improvements jointly;
(b) The advertising and awarding of contracts and the alteration or modification of contracts;
(c) The sale or disposal of Municipal property and such other general regulations as the Council may deem necessary, if not in conflict with the Constitution of the State and/or this Charter.
(a) Any ordinance or resolution providing for the appropriation of money, for an annual tax levy or for improvements petitioned for by the owners of property to be benefited and specially assessed therefor, and any emergency ordinance or resolution necessary for, the immediate preservation of the public peace, health and safety, shall take effect immediately upon passage by Council.
(b) Each emergency measure shall contain a statement of the necessity for such emergency action and shall require the affirmative vote of two-thirds (2/3) of the membership of Council for the suspension of rules and for its enactment. No action of Council authorizing the surrender or joint exercise of any of its powers, or granting, extending or renewing any franchise, or contracting for the supply to the Municipality or its inhabitants of the product or service of any utility, whether Municipally owned or not, shall be designated an emergency measure or enacted under suspension of the rules.
The Council shall provide by ordinance for the procedure for the passage and amendment of any zoning ordinance, the maps and regulations thereof, and the publication of notice and public hearing thereof, provided that the minimum notice of the time and place of such public hearing shall be published in a newspaper of general circulation in the Municipality. If it is proposed to amend, enlarge or change any area, zone or district classification defined in an enacted ordinance, then, in addition to the newspaper notice hereinbefore provided, notice of the time and place of a public hearing shall be given by registered mail, postage prepaid, ten (10) days before such hearing, to the record title holders of the property immediately adjacent, adjoining and abutting on such area, zone or district proposed to be changed. As used in this section, "record title holder" means the title holder of such property as disclosed by the records of the County Auditor ten (10) days immediately prior to the date of such public hearing. If the mailing address of such record title holder cannot be reasonably ascertained, then the aforesaid newspaper notice of such hearing shall be deemed adequate notice. Nothing herein provided shall be construed as limiting the power of the Council from providing additional notice. Any legislation which would amend, enlarge or change any area, zone or district classification shall not be passed as emergency legislation.
(Amended 11-2-76)
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