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The vote on the question of passage of each ordinance, resolution, and motion shall be taken by yeas and nays and entered on the Journal, and no ordinance, resolution, or motion shall be passed without concurrence of at least four members of the Council, except that each emergency ordinance or resolution shall require the affirmative vote of at least five members of the Council for its enactment; provided, however, that if such emergency ordinance or resolution shall fail to receive the required five affirmative votes, but receives the necessary majority for passage as a non-emergency ordinance or resolution, it shall be considered passed as a non-emergency ordinance or resolution and shall become effective as hereinafter provided by this Charter. A majority of the members present at any regular or special Council meeting may compel the attendance of absent members as provided in Section 3.08 of this Charter.
Each emergency ordinance or resolution shall determine that said ordinance or resolution is necessary for the immediate preservation of the public peace, health, safety, or welfare, and shall contain a statement of the necessity for such emergency. No ordinance or resolution pertaining to the following matters may be adopted as an emergency measure: zoning classifications, districts or regulations; regulations governing the platting and subdivision of land; the levying of a tax or the incurring of a debt to be evidenced by bonds or notes, unless such tax or debt shall be necessary to provide or replace municipal facilities, equipment or buildings and the need for such facilities, equipment or buildings arises out of a public exigency; or the changing of salaries of members of Council or the Mayor.
Each ordinance or resolution providing for the appropriation of money, an annual tax levy for current expenses, improvements petitioned for by the owners of the requisite majority of the front footage or of the area of the property benefited and to be especially assessed therefor, submission of any question to the electorate or the determination to proceed with an election, providing for the approval of a revision, codification, recodification, rearrangement of ordinances and resolutions, or publication thereof in book form, and any emergency ordinance or resolution shall take effect, unless a later time be specified therein, immediately upon its passage. No other ordinance or resolution shall go into effect until thirty days following its passage by the Council.
Each ordinance or resolution shall be authenticated by the signature of the Mayor and the Clerk of Council; however, the failure or refusal of such officers to sign such ordinances or resolutions shall not invalidate an otherwise properly enacted ordinance or resolution.
Each ordinance or resolution shall be recorded in a book, or other record prescribed by the Council, established and maintained for that purpose. The Clerk of Council or a duly authorized deputy to said Clerk, shall, upon the request of any person and upon the payment of a fee, as established by the Council, certify true copies of any ordinance or resolution.
No ordinance or resolution or any section thereof, shall be revised or amended unless the new ordinance or resolution contains the entire ordinance, resolution or section or subsection as revised or amended, and the ordinance, resolution or section or sub-section so amended shall be repealed. This requirement shall not prevent the amendment of an ordinance or resolution by the addition of a new section, sections, sub-section or sub-sections and in such case the full text of the former ordinance or resolution need not be set forth.
Except in the case of a codification or recodification of ordinances and resolutions, a separate vote shall be taken on each ordinance or resolution proposed to be amended.
Ordinances and resolutions that have been introduced and have received their first reading, or their first and second reading, but have not been voted on as to passage, may be amended or revised upon approval by a vote of at least four members of the Council, and such amended or revised ordinance or resolution need not receive further readings or be re-read.
Each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses, or regulations shall be referred to the Planning Commission. Within twenty-five days of such referral the Planning Commission shall cause such ordinance or resolution to be returned to the Clerk of Council together with the written recommendations of the majority of the members of such commission unless said time is extended by Council.
No such ordinance or resolution which violates, differs from, or departs from the written recommendation of the Planning Commission shall take effect unless passed and approved by a vote of not less than four members of the Council.
(Amended November 3, 1987)
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