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The commission shall be the judge of the continuing qualifications of its members and in such cases, shall have power to subpoena witnesses and compel the production of all pertinent books, records, and papers; but the decision of the commission in any such case shall be subject to review by the courts. The commission shall determine its own rules and order of business and keep a journal of its proceedings. It shall have power to compel the attendance of absent members, may censure its members for disorderly behavior and, by an affirmative vote of not less than seventy-five percent of the members, may expel a member for violation of its rules, a violation of the Charter, any criminal act involving dishonesty to which there was a criminal conviction or for some other reason for cause such as an ethical violation; but no member shall be expelled unless notified of the charge against him and given an opportunity to be heard in his own defense. Absence from three consecutive regular meetings shall operate to vacate the seat of a member unless such absence be authorized or excused by the commission.
(Adopted by electorate, November 6, 1979 – Amending Ordinance No. 41-79; Adopted by electorate, November 2, 2010 – Amending Ordinance No. 18-10)
(A) A majority of the members elected to the commission shall constitute a quorum to do business, but a less number may adjourn from time to time 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 commission shall be necessary to adopt any ordinance, resolution, order or vote; except that in the absence of a quorum, a vote to adjourn, or regarding the attendance of absent members, may be adopted by a majority of the members present. No member shall be excused from voting except on matters involving the consideration of his own official conduct or when his financial interests are involved. No member shall vote on matters involving the consideration of his own official conduct or when his financial interests are involved.
(Adopted by electorate November 7, 1989-Amending Ordinance No. 52-89
(B) In the event that all members of the commission are removed by death, disability, law, or forfeiture of office the Piqua Planning Commission shall be sworn and assume the duties as interim commission until a special election is called. Such special election shall be called by the interim commission to be held not less than forty nor more than sixty days after assuming the duties as interim commission. The special election is to be held at the same time as any other general or special election held within such time period. But if none such election is to be held within such period the interim commission shall call a special election to beheld within the time aforesaid.
(Adopted by electorate, November 6, 1979-Amending Ordinance No. 48-79)
Ordinances and resolutions shall be introduced in the commission only in written or printed form. No ordinance, resolution, or bylaw shall contain more than one subject, which shall be clearly expressed in its title. Ordinances making appropriations and ordinances codifying, revising, or rearranging existing ordinances shall be considered as being one subject. Ordinances making appropriations shall be confined to the subject of appropriations. No ordinance shall be passed until it has been read on three separate days, unless the requirement of reading it on three separate days be dispensed with by an affirmative vote of not less than seventy-five percent of the members of the commission. The final reading of each ordinance shall be in full unless a written or printed copy thereof shall have been furnished to each member of the commission prior to such reading. The yeas and nays shall be taken upon the passage of all ordinances and resolution and entered upon the journal of the proceedings of the commission. The enacting clause of ordinances passed by the commission shall be, “Be it ordained by the people of the City of Piqua”. The enacting clause of ordinances submitted by the initiative shall be, “Be it ordained by the people of the City of Piqua”.
(Adopted by electorate, November 6, 1979 – Amending Ordinance No. 42-79)
Appropriation ordinances, ordinances and resolutions pertaining to local improvements and assessments, ordinances and resolutions providing for or directing any investigation of city affairs, resolutions, requesting information from administrative officers, or directing administrative action, and emergency measures, shall be in effect from and after their passage by the commission unless some other time be specified therein. All other ordinances and resolutions passed by the commission shall be in effect from and after ten (10) days from the date of first publication except those in which a later date for taking effect is specified. Ordinances adopted by vote of the electors shall take effect at the time indicated therein, or, if no time be specified, then thirty (30) days after the election adopting such ordinance or resolution. An emergency measure is an ordinance or resolution to provide for immediate preservation of the public peace, property, health or safety, in which the emergency claimed is set forth and defined in a preamble thereto. The affirmative vote of at least seventy-five percent of the members of the City Commission, either elected or appointed thereto concurring shall be required to pass any ordinance or resolution as an emergency measure. No measure making or amending a grant, renewal or extension of a franchise or other special privilege shall ever be passed as an emergency measure.
(Adopted by electorate, November 7, 1979 – Amending Ordinance No. 43-79)
After passage by the commission, each ordinance and resolution shall be authenticated by the signatures of the mayor and city clerk and recorded in a book kept for that purpose. Within ten days after passage each ordinance and resolution, except ordinances and resolutions requesting information from city officers or directing administrative action, shall be published in such manner as may be provided by ordinance. The ordinance and resolution may be published in summary form. All ordinances and resolutions shall be available for public inspection in the city manager’s office. All legislation dealing with bond issues shall be passed and published in accordance with general law. The publication in book form of any codification, revision or rearrangement of ordinances passed by the commission, if such book contains the certificate of the mayor and city clerk of the correctness thereof, shall be deemed sufficient publication of the ordinance, or several ordinances, contained therein; and any such book so published and certified shall be received as evidence in any court for the purpose of proving the ordinance or ordinances therein contained.
The electors shall have power to propose any ordinance except an appropriation ordinance, and to adopt or reject the same at the polls, such power being known as the initiative. Any proposed ordinance may be submitted to the commission by petition which, to be sufficient, shall be signed by 500 registered voters from the City of Piqua. All petition papers circulated with respect to a proposed ordinance shall be uniform in character and shall contain the proposed ordinance in full. The form of the petition shall be as follows:
PETITION TO INITIATE AN ORDINANCE TO [purpose of proposed ordinance] |
This Ordinance reads as follows: [exact language of ordinance in its entirety]. |
This petition is being circulated by [name] as a committee member for the petitioners. Your signature indicates that you desire to have the above initiated ordinance submitted and voted upon by the City Commission or adopted or rejected at the polls by a vote of the electors. |
To sign this petition, you must be a registered voter of the City of Piqua with the Miami County Board of Elections. A false signature may result in prosecution under the law. |
Printed Name Signature Address Registered Voter |
1. Y/N |
The following are the names and addresses of the full Committee: |
The petition shall also contain the affidavit as required in Section 27 of this Charter.
(Adopted by electorate, November 3, 2009 – Amending Ord. No. 11-09)
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