Voting. Voting shall be by roll call and the ayes
and nays shall be recorded in the journal. A majority of members of
the council shall constitute a quorum for its business, but a smaller
number may meet and compel the attendance of absent members in the
manner and subject to the penalties prescribed by the rules of the
council. Except as otherwise provided in this charter, the affirmative
vote of a majority of the entire council shall be necessary to adopt
any ordinance or resolution.
In the event of a tie vote by the council members, the mayor
shall cast the deciding fifth vote, except as hereinafter provided
in zoning cases and the appointment of the city administrator.
If a council member has a conflict of interest and has declared
the same at the time of the vote, he or she shall be excused from
voting and his or her abstention shall not be counted either for or
against the proposition. In the event one or more council members
abstain from voting by reason of a conflict of interest, the mayor
may vote in order to constitute the required fifth affirmative vote
to pass an ordinance or resolution, except as hereinafter provided
in zoning cases and the appointment of the city administrator.
Any ordinance that would amend, supplement, change, modify or
repeal boundaries of zoning districts, the uses, regulations or restrictions
shall require a three-fourths (3/4) affirmative vote of the entire
council: (1) in the case of an adverse report by the Planning and
Zoning Commission; or (2) if a protest against such proposed amendment,
supplement, change, modification or repeal shall be presented in writing
to the city clerk, duly signed and acknowledged by the owners of ten
percent (10%) or more either of the area of the land (exclusive of
streets, places and alleys) included within such proposed amendment,
supplement, change, modification, or repeal, or within an area of
land determined by lines drawn parallel to and three hundred (300)
feet (exclusive of streets, places and alleys) distant from the boundaries
of the district proposed to be changed or affected by amendment, supplement,
change, modification or repeal.
Any ordinance that would amend, supplement, change, modify or
repeal the boundaries of zoning districts, the uses, regulations or
restrictions and which receives an affirmative recommendation from
the Planning and Zoning Commission shall require five (5) affirmative
votes by the city council and the mayor shall not have a vote to break
a tie on the city council.
The City shall not exercise the power of eminent domain either
directly or indirectly through any agency, board, commission, person,
entity created by or acting under authority derived from the City
or otherwise unless and until such action is approved by an ordinance
enacted by affirmative vote of two-thirds of the entire City Council
regarding the specific property to be acquired.