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The Council shall be the judge of the election and qualifications of its members. A majority of all the members elected shall be a quorum to do business, but a less number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members elected to the Council shall be necessary to adopt any ordinance or resolution. The vote upon the passage of all ordinances, and upon the adoption of such resolutions as the Council by its rules shall prescribe, shall be taken by "yeas" and "nays" and entered upon the journal.
(A) Submission and Form. Ordinances and resolutions shall be introduced in the Council only in written or printed format, prepared by and approved as to form and signed by the Law Director. The enacting clause of all ordinances passed by the Council shall be “Be it ordained by the Council of the City of Lima.” The enacting clause of all ordinances submitted by the initiative shall be “Be it ordained by the people of the City of Lima.” All ordinances or resolutions, other than ordinances making appropriations, and ordinances for the revision and codification of ordinances, shall be confined to one subject which shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subjects of appropriation. The Clerk of Council shall provide copies of all ordinances and resolutions to Council members and the Mayor prior to the Council meetings.
(B) Passage. Ordinances and resolutions may be passed on their first reading if approved by two-thirds of the members elected to Council. If not so approved on first reading, they shall proceed to a second reading at the next Council meeting, and may be passed on second reading by two-thirds of the members elected to Council. If not so approved on second reading, they shall proceed to a third reading at the next Council meeting, and may be passed on third reading by a majority of the members elected to Council. If not so passed on third reading they shall be deemed to be defeated.
(C) Effective Date. Except as otherwise provided in this Charter or by ordinance, all ordinances and resolutions shall be in effect from and after the date of their passage by the Council, subject to the Mayor’s right to veto and the right of referendum. (Amended 5-3-11; 5-7-13)
Ordinances may be revised, codified, rearranged and published in book form under appropriate titles, chapters and sections and such revision and codification may be made in one ordinance containing one or more subjects. The publication of such revision and codification in book form as aforesaid shall be held to be a sufficient publication of the ordinance or several ordinances contained in such revision and codification and so published. Any such publication of a revision or codification of ordinances in book form shall contain a certificate of the President of Council and the Clerk of the correctness of such revision, codification and publication; and such book so published shall be received in evidence in any court for the purpose of proving the ordinance or ordinances therein contained, the same and for the same purpose as the original book, ordinances, minutes or journals would be received.
No section of the codified ordinances of the City shall be revised or amended, unless the new ordinance or resolution contains the entire codified section revised or amended, and the original ordinance section or sections so amended shall be repealed. (Amended 5-7-13)
Any ordinance or resolution passed by the Council shall be signed by the President or other presiding officer and presented forthwith to the Mayor by the Clerk. If the Mayor approves such ordinance or resolution he shall sign it within ten (10) days after its passage or adoption by the Council; but if he does not approve it, he shall return it to the Council with his objections within said ten (10) days, or if the Council be not then in session, at the next regular meeting thereof, which objections the Council shall cause to be entered in full on its journal. If the Mayor does not sign or veto an ordinance or resolution after its passage or adoption, within the time specified, it shall take effect in the same manner as if he had signed it. The Mayor may approve or disapprove the whole or any item or part of any ordinance or resolution appropriating money. When the Mayor refuses to sign an ordinance or resolution or part thereof and returns it to the Council with his objections, the Council shall, after the expiration of not less than one week, proceed to reconsider it and, if upon reconsideration, the resolution or ordinance or part or item thereof disapproved by the Mayor be approved by the vote of two-thirds of all the members elected to the Council it shall take effect without the signature of the Mayor. In all such cases the votes shall be taken by "yeas" and "nays" and entered on the journal.
(A) The fiscal year of the City shall begin on the first day of January. On or before the fifteenth (15th) day of December in each year the Mayor shall prepare an estimate of the expense of conducting the affairs of the City for the following year. This estimate shall be compiled from detailed information obtained from the various departments in a format approved by the Auditor, and shall set forth:
(1) An itemization of all anticipated revenue.
(2) An itemized estimate of the expense of conducting each department.
(3) Comparisons of such estimates with the corresponding items of expenditure for the last two (2) complete fiscal years and with the expenditures of the current fiscal year plus an estimate of expenditures necessary to complete the current fiscal year.
(4) Reasons for proposed increases or decreases in such items of expenditure compared with the current fiscal year.
(5) A separate schedule for each department showing the things necessary for the department to do during the year and which of any desirable things it ought to do if possible.
(6) Items of payroll increases as either additional pay to present employees, or pay for more employees.
(7) The amounts required for interest on the City's debt, and for maturities of bond issues.
(8) The total amount of outstanding City debt with a schedule of maturities of bond issues.
(9) A statement from the Auditor on the reasonableness of the total probable income of the City as set forth by the Mayor's estimate.
(10) Such other information as may be required by the Council.
(B) The Mayor shall submit the estimate thus prepared to the Council and an adequate number of copies thereof shall be prepared for distribution to citizens who may ask for them. Copies of the estimates shall also be furnished to the newspapers and other news media of the City and to the public library and each of its branches. (Amended 5-3-11)
(A) After receipt of the Mayor's estimate, and before the annual appropriation ordinance has been passed, the Council may make preliminary appropriations for the expenses of the City to an amount sufficient to cover the necessary expense of the various departments, divisions and offices until the annual appropriation ordinance is in effect. No other liabilities shall be incurred by any officer or employee of the City, until the annual appropriation ordinance is in effect.
(B) After receipt of the Mayor’s estimate, Council shall prepare an annual appropriation ordinance, using the Mayor's estimate as a basis. Provision shall be made for at least two public hearings upon the annual appropriation ordinance before a committee of the Council or before the entire Council sitting as a committee of the whole. The Council shall not pass the annual appropriation ordinance until at least fourteen (14) days after its final hearing, nor before the first Monday in January. (Amended 5-4-10)
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