The Mayor and Council members of the City shall
constitute the Common Council thereof.
The Common Council shall meet on the first day
of January after the election at the regular place of meeting of the
Common Council for the previous year, and thereafter it shall meet
at such place as it may choose, within or without the territorial
limits of the City but in reasonable proximity thereto, and at times
hereinafter provided.
[Amended 7-3-1991 by L.L. No. 3-1991; 9-19-1991 by L.L. No. 6-1991; 4-22-1997 by L.L. No.
2-1997]
A. Procedure at meetings.
(1) The meetings of the Common Council shall be public
except when the public interest shall require secrecy.
(2) At all meetings of the Common Council, the Mayor,
when present, shall preside.
(3) The minutes of the proceedings shall be kept by the
City Clerk, and the same shall be open at all times to public inspection.
B. Voting.
(1) In the proceedings of the Common Council, each member
present shall have a vote except the Mayor, who shall only have a
vote when the votes of the other members are tied, and except as hereinafter
provided.
(2) A majority of the members of the Common Council shall
be a quorum for the transaction of business. If a member abstains
from voting, it shall be considered as if that member did not vote.
(3) Notwithstanding any other section, no tax or assessment
shall be ordered except by a concurring vote of a majority of all
members of the Common Council in office, including the Mayor, who
shall be entitled to vote thereon as a member of the Council, and
no tax levied, assessment bill ordered, resolution or ordinance shall
take effect until the same shall receive the approval of the Mayor,
as hereinafter provided.
[Amended 3-25-1997 by L.L. No. 1-1997]
The Common Council shall determine the rules applicable to its own proceedings and be judge of the qualifications of its own members and have power to compel the attendance of absent members from time to time and to prescribe the duties of all the officers and persons appointed by it to any place whatever, subject to the provisions of this Charter and the general statutes of this state.§
C-33.
[Amended 5-4-2005 by L.L. No. 2-2005; 9-1-2010 by L.L. No.
1-2010]
A. By the time of the first regular Common Council meeting of each year, the Mayor shall appoint a member of the Council to serve (when needed) as Acting Mayor until the next such annual appointment or replacement by the Mayor. In the Mayor’s absence or in the event of a vacancy in the office of the Mayor, the Acting Mayor shall preside at meetings where the Mayor would normally preside, if there is no other provision for another officer to preside at that meeting in the Mayor’s absence. In the event that the Mayor is unable to perform the other duties of the Mayor’s office, due to absence and unavailability, sickness or incapacitation, or resignation, removal or death, the Acting Mayor shall be vested with all the powers and perform all the duties of the Mayor, except as specified herein, until the Mayor shall resume the duties of the office or until any vacancy in the office of Mayor shall be filled for the unexpired term, by election according to law. The Acting Mayor shall not be authorized to make appointments, to remove City officers from their positions or to cast a veto, unless the Mayor is absent or incapacitated for more than 30 days. The Acting Mayor shall not be vested with the voting powers of the Mayor as described in §
C-30, but shall instead exercise the voting rights afforded Council members other than the Mayor. The Acting Mayor shall sign all necessary papers with the Mayor’s name, adding thereto the words "Acting Mayor."
B. The Mayor shall in the same manner and for the same
term appoint another member of the Common Council as Alternate Acting
Mayor, which person shall assume the powers and perform the duties
of the Mayor in the same manner and fashion as the Acting Mayor, whenever
the Acting Mayor is required to assume such powers and duties of the
Mayor’s office but is unable to do so as a result of absence
and unavailability, sickness or incapacitation, or resignation, removal
or death.
C. In the event
of the failure of the Mayor to appoint an Acting Mayor or Alternate
Acting Mayor, as provided for above, the Common Council may do so,
which appointment(s) shall stand until the first Council meeting of
the following year.
The legislative power of the City is vested
in the Common Council, and it has power to enact and enforce any ordinance
or resolution not repugnant to the Constitution or laws of this state
for any local purpose pertaining to the government of the City and
the management of its business, the protection of the business and
property interests of its citizens, the preservation of order, peace
and health and the safety and welfare of the City and the inhabitants
thereof, except that it shall not enact or enforce any local law or
ordinance or resolution for any purpose pertaining in any manner to
the fluoridation of the water under the control of the City or of
the Water Department of the City government; and it shall also have
such powers of legislation, by ordinance or resolution, as are conferred
upon it by this Charter or any other provision of law affecting the
City not inconsistent with this Charter, except such as are specially
conferred by this Charter upon any separate department or board of
the City government. It shall have the management and control of the
finances and of all the property, real and personal, belonging to
the City, except as otherwise provided by this Charter or by any other
provision of law not inconsistent therewith. The powers conferred
by this section are not limited by the enumerated powers in the following
section.
[Amended 7-10-1985 by L.L. No. 1-1985]
Notwithstanding any other provisions of this
Charter or of any ordinance or department rule, the Common Council,
by the majority affirmative vote of the total voting power thereof,
may establish and from time to time amend a compensation plan governing
the salaries and wages of such officers and employees of the City
of Townsville as said Council may determine, including a minimum and
maximum salary or wage rate and a maximum annual increment for each
classification included in such plan, and may adopt and from time
to time amend rules governing the operation thereof. The authority
hereby conferred shall not extend to the salaries of elective officers
of said City.