[1]
Cross Reference — As to execution of documents with the United States Department of Agriculture, §115.115.
[Code 1961 §5.02(a); CC 1983 §2-135; Ord. No. 2006-13 §§1 — 2, 6-5-2006]
The Mayor shall, with the consent and approval of the Council at the first (1st) regular meeting thereof held in the month of May of each year, appoint some suitable and competent person to the office of City Clerk who shall discharge such duties as are prescribed in this Article. The City Clerk shall hold his/her office for a term of one (1) year from the first (1st) day of July thereafter and until his/her successor is appointed and qualified, unless such officer shall be removed from office sooner pursuant to the provisions of Section 115.120(B) of the Code. If for any cause such appointment shall not be made at the time provided for in this Section, it may be made at any regular meeting of the Mayor and City Council thereafter.
[Code 1961 §5.02(b); CC 1983 §2-136; Ord. No. 2006-13 §2, 6-5-2006]
The person appointed to the office of City Clerk shall be a qualified voter of the City.
[Code 1961 §5.02(c); CC 1983 §2-137]
Within fifteen (15) days after his/her appointment and approval, and before entering upon the discharge of the duties of his/her office, the City Clerk shall execute to the City a bond in the sum of fifty thousand dollars ($50,000.00) with good sureties conditioned that he/she will faithfully discharge all the duties of his/her office as required by the laws of the State governing Cities of the Third Class, and the ordinances of the City, and that he/she will promptly pay over all monies coming into his/her possession that belong to the City, at the time and in the manner provided by law. The bond, with the Mayor's approval endorsed thereon, shall be filed in the office of the City Treasurer who shall preserve and safely keep the same.
[Code 1961 §5.02(d); CC 1983 §2-138]
A. 
The City Clerk shall:
1. 
Be the general accountant of the City and the keeper of all public accounts, account books, vouchers, documents, bonds, and coupons paid or redeemed, and all papers relating to the accounts and contracts of the City, and its revenue, debt and fiscal affairs, not required by law or ordinance to be placed in some other office, or kept by some other person, and he/she shall keep in a set of books provided for that purpose, accurate accounts between the City and all officers charged with the collection, custody or disbursement of public monies, and enter thereupon all receipts and payments, from what sources derived, and on what account paid.
2. 
Keep a complete record of all branches of the City revenue, opening an account with every appropriation or fund, which by law or ordinance is made a separate fund, crediting the same with all monies paid into the City Treasury on account thereof, and charging the appropriation or fund with all warrants drawn upon the City Treasurer specifying the number, date, to whom payable, on what fund or appropriation drawn, and the amount of each warrant.
3. 
Keep a record of all bonds and obligations of the City, date of issue, for what purpose issued, rate of interest, time when principal and interest become due, amount of principal, to whom payable, and the registered number of each bond and coupon.
4. 
Draw all warrants on the Treasurer, and express in the body of the warrant so drawn the particular fund out of which the same is to be paid.
5. 
Give information in writing to the Mayor and Council whenever required upon any subject relating to the fiscal affairs of the City, or touching any duties of his/her office.
6. 
Have the custody of and safely keep the Seal of the City, the public records, the original rolls of ordinances and resolutions of the Council, and such other records, documents and papers of a public nature as may be delivered into his/her custody.
7. 
Affix the City Seal to all public instruments and official acts of the Mayor, which by law or ordinances are required to be so attested, and countersign the same, and affix the City Seal to and certify and record documents, copies of papers or ordinances that may be required for evidence in any court of this State or of the United States, by any individual, or that may be required for the use of any officer of the City, and shall furnish to the City Attorney and City Counselor any record or document in his/her office necessary to be used in any proceeding in court to which the City is a party.
8. 
Attend all meetings of the City Council, and keep a correct journal of its proceedings.
9. 
Prepare all certificates of election, commissions, appointments and other official documents required by ordinance to be issued, or which the Mayor, in the discharge of his/her duty, is required to issue, and shall countersign and affix the City Seal thereto, and keep a record of all such certificates of election, commissions, appointments and documents.
10. 
Issue to the person entitled thereto, upon presentation by the licensee of a proper receipt from the City Collector, any license granted by ordinance.
11. 
Record the official bonds of all City Officers, and the bonds of all other persons executed to the City and placed in his/her custody.
12. 
Record all City ordinances passed, except such as are published in any revision, label and file for safekeeping the original roll of all ordinances and resolutions of the Council, and such other vouchers, papers, records and documents as may be delivered into his/her custody.
13. 
Carefully and promptly perform every official duty that may be required of him/her by virtue of the laws of the State and the ordinances of the City.
[Code 1961 §5.02(e); CC 1983 §2-139]
At the first (1st) regular meeting of the Council in the month of October of each year, the City Clerk shall prepare and report to the Council a full and detailed statement of the City's finances and of the public debt, showing in an extended and connected view the amount of all monies which have been paid into the Treasury during the preceding year, from whom received and from what derived; also the amount disbursed, to whom paid and for what purpose, and the balance remaining in the Treasury to the credit of each fund on the first (1st) day of October.
[Code 1961 §5.02(g); CC 1983 §2-140]
Whenever, for any reason, the City Clerk is unable to perform the duties of his/her office, the Council may by resolution appoint a temporary clerk who shall have all the powers and duties of the City Clerk, and receive the same salary for the time he/she so acts, but in no event, shall both the regular and temporary clerks receive pay at the same time, nor shall the City Clerk receive any pay for the time that he/she fails to perform the duties of his/her office. The City Clerk shall have the power, with the consent of the Council, to appoint a Deputy City Clerk who shall perform such duties and have such powers as are conferred upon the City Clerk. Such Deputy shall be subject to removal at will by the City Clerk, and shall receive such compensation as the Council shall determine.
[Code 1961 §5.02(h); CC 1983 §2-141]
If the City Clerk shall wilfully neglect or refuse to perform any of the duties enjoined upon him/her by ordinance or by resolution of the Mayor and Council, or shall be guilty of any oppression or extortion in the discharge of his/her official duties, or shall, by color of his/her office do any act not authorized by ordinance, he/she shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to punishment as provided in Section 100.120 of this Code.