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5.07   PRESIDING OFFICERS; MAYOR; PRESIDENT PROÚTEM.
   A)    Separate Office. The Mayor, who shall also serve as President of Council, shall be a qualified elector of the City and shall be elected by the voters of the City at the regular Municipal election in the year 1977, and every fourth (4th) year thereafter, for a term of four (4) years. The term shall commence, and the Mayor shall assume office, on the first (1st) day of January next following such election. The Mayor may be a candidate to succeed him or herself.
 
   B)    Duties. The Mayor shall preside at all meetings of the Council but shall have no voice or vote in its proceedings, except in the event of a tie, and shall not have any other power to approve or disapprove ordinances or resolutions. The Mayor shall be an ex-officio member of all committees created by Council; and shall be notified by the Clerk of Council of all meetings of said committees. The Mayor shall be recognized as head of the City government for all ceremonial purposes, but shall have no administrative duties. (Amended 11-8-2005)
 
   C)    Vacancy in Office. In case of a permanent vacancy in the office of Mayor, the Council shall select a successor from among its members who shall serve in that capacity only so long as such member is a duly elected Council member. The person so selected shall not vacate such office as Council member nor lose his or her vote. When the vacancy in the Mayor's office occurs before the expiration of two years of the former Mayor's term and more than one hundred twenty (120) days prior to the next regular Municipal election, a successor shall be elected to complete the unexpired term at a special election to be held on the day of the next regular Municipal election. The appointed candidate may be a candidate at such election.
 
   D)    President Pro-Tem. The Council shall, at the time of its organization, elect one of its members as President Pro-Tem who shall serve as acting Mayor when the Mayor is temporarily unable for any cause or reason to perform the duties of Mayor. The President Pro-Tem shall retain his or her voting right on Council. (Amended 11-4-75.)
 
5.08   CREATION OF NEW DEPARTMENTS OR OFFICES; CHANGE OF DUTIES.
   The Council by ordinance may create, change and abolish offices, departments, commissions, boards and agencies other than the offices, departments, commissions, boards and agencies established by this Charter. The Council by ordinance may assign additional functions or duties to officers, departments, commissions, boards and agencies established by this Charter, but may not discontinue or assign to any other office, department, commission, board or agency any function or duty assigned by this Charter to a particular office, department, commission, board or agency.
 
5.09 CLERK OF COUNCIL.
   The Council shall appoint a Clerk of Council who shall serve at the pleasure of the Council and shall be a resident of the City. The Clerk of Council shall give notice of and shall attend the meetings of Council, shall keep the journal of its proceedings, shall authenticate by his or her signature and record in full in a book kept for the purpose all ordinances and resolutions and shall perform such other duties as shall be required by this Charter or by ordinance.
 
5.10 INDUCTION OF COUNCIL INTO OFFICE, MEETINGS OF COUNCIL.
   At the last regular Council meeting in December, 1981, and at the last regular Council meeting in December of each odd-numbered year thereafter the Council shall meet for the purpose of inducting into office each newly elected member thereof whose term of office is to commence on the first day of January immediately thereafter. Should Council, for any reason, fail to so meet, newly elected members thereof automatically shall take office as of January 1 thereafter without need of oath or any other ceremony. At 7:30 o'clock p.m. on the first Wednesday in January, 1982, and on the first Wednesday in January of each even-numbered years thereafter, unless any such Wednesday falls on January 1 in which case this provision shall apply to the second Wednesday in January of such year, the Council shall meet for the purpose of organizing the Council. Thereafter, Council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than once each month. (Amended 11-4-80.)
 
5.11 RULES OF PROCEDURE; JOURNAL.
   The Council shall determine its own rules and order of business. It shall keep a journal of its proceedings and the journal shall be open to public inspection. The actions of Council, including Boards and Commissions created by Council shall be in strict compliance with Public Records and Open Meetings (AKA: Sunshine Law) statutes as provided in the Ohio Revised Code.
(Amended 11-7-95)
 
5.12 ORDINANCES.
   In addition to such acts of the Council as are required by statute or by this Charter to be by ordinance, every act of the Council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance.
   Among the acts of City Council, the following will require enactment by ordinance:
   (1)   Adopt or amend an administrative code or establish, alter or abolish any City department, office or agency.
   (2)   Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed.
   (3)   Levy taxes.
   (4)   Grant, renew or extend a franchise.
   (5)   Regulate the rate charged for its services by a public utility.
   (6)   Authorize the borrowing of money.
   (7)   Convey or lease or authorize the conveyance or lease of any lands of the City.
   (8)   Regulate land use and development; and
   (9)   Amend or repeal any ordinance previously adopted.
   Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution as required by the Ohio Revised Code. (Amended 11-6-90.)
 
5.13 ENACTMENT, PUBLICATION, AND EFFECTIVE DATES OF ORDINANCES.
   Ordinances and resolutions of Council shall be passed, published, posted, and become effective in the manner and at the times provided by the general laws of Ohio then in effect, except that there need be only one (1) newspaper publication of each ordinance or resolution, and the same need not be published in full, but may be published by title only with a statement in such publication that a copy of the ordinance or resolution is available for inspection in the office of the Clerk of Council.
 
5.14 LIMITATION OF USE OF INCOME TAX.
   That no more than 75% of the proceeds of the Kent City Income Tax, after payment of the expense of collection and enforcement, shall be spent for any purpose other than a capital improvement. (Amended 11-4-75.)
 
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