(a)
Each
member of the city council, in addition to having the other qualifications
prescribed by law, shall meet the following requirements:
(b)
If
a member of the city council shall cease to possess any of these qualifications
or shall be convicted of a felony, he shall immediately forfeit his
office.
(1999 Code, sec. 2-41)
If the mayor or any alderman remains absent for three consecutive
regular meetings of the council, unless prevented by sickness, without
first having obtained a leave of absence at a regular meeting, he
shall be deemed to have vacated his office, and the remaining members
shall proceed to fill the vacancy in accordance with state law.
(1999 Code, sec. 2-42)
(a)
Vacancy in office of mayor or alderman.
In the event
of a vacancy from any cause in the office of mayor or alderman, such
vacancy may be filled as follows:
(1)
If no more than one vacancy on the city council exists, a majority
of the remaining members of the city council may fill such vacancy
by appointment, such appointee to serve until the next regular city
election; however, in filling such vacancy, the mayor, if any, shall
have a vote only in the event of a tie.
(2)
In lieu of filling one vacancy on the city council by appointment as provided for in subsection (1) of this section, a special election may be called to fill such vacancy.
(3)
If two or more vacancies on the city council exist at the same time,
a special election shall be called to fill such vacancies.
(4)
Any special election to fill a vacancy shall be ordered, held and
conducted in accordance with the general laws of the state.
(b)
Vacancy in other office.
In the event of a vacancy in
any other office in the city, the mayor or acting mayor shall fill
such vacancy by appointment, to be confirmed by the city council.
(1999 Code, sec. 2-43)
The mayor shall be president of the city council and preside
at all meetings of the council, and shall give the casting vote upon
all questions where the council is equally divided, except in elections,
but shall not otherwise vote. He shall have power, when in his judgment
the good of the city may require it, to summon meetings of the council,
and he shall give to the council any information and shall recommend
to the council any measure that relates to improving the finances,
police, health, security, cleanliness, comfort, ornament or good government
of the city.
(1999 Code, sec. 2-131)
At the first meeting of each new city council, or as soon thereafter
as practicable, one of the aldermen shall be elected president pro
tempore, who shall hold his office for one year. In case of failure,
inability or refusal of the mayor to act, the president pro tempore
shall perform the duties and receive the fees and compensation of
the mayor.
(1999 Code, sec. 2-132)
(a)
Generally.
The mayor shall perform all the duties and
possess all the powers imposed and conferred by the statutes of the
state. In addition, he shall perform such other duties and have and
enjoy such other prerogatives and emoluments as the city council shall
impose or bestow.
(b)
Enforcement of rules; examination and signing or minutes, ordinances,
etc.
The mayor shall have power as president of the city
council to enforce such rules for the regulation of its proceedings
in the order of business, discussion, decorum and order as the council
shall adopt. He shall examine and sign all minutes of the proceedings
of the council and all ordinances, regulations and resolutions for
publication.
(c)
Administration of oaths.
The mayor shall have power
like a justice of the peace to administer the oath of office and all
other oaths and affirmations, and to give his certificates.
(d)
Legal process or notice served on mayor.
Whenever any
process or notice shall be served on the mayor, in any legal or other
proceedings against the city, or in which the city is a part, he shall
immediately deliver the process or notice or a sufficient notice of
the process or notice to the city attorney in order that the process
or notice may be attended to.
(e)
Signing of bonds and contracts.
(1)
Whenever it shall be necessary by any law or ordinance for the city
to execute any bond or other instrument in any suit or action at law,
or whenever the city shall be a party to any contract, the bond or
instrument may be signed by the mayor in the name of the city and
attested by the city secretary and the seal of the city, and such
execution shall be valid and binding.
(2)
The mayor shall sign all contracts or obligations of the city, and
no contract shall be binding, and no warrant, bond or other promise
to pay money or order as evidenced by any instrument of writing shall
be binding, unless executed by the mayor and attested by the city
secretary with the impress of the seal of the city.
(1999 Code, secs. 2-133–2-138)
The city council shall hold its regular meeting on the third
Tuesday of each month at the council chambers. The time of the meeting
shall be 7:00 p.m. The council may adjourn from day to day until such
business as is before it may be finished. The meeting date may be
changed by resolution passed by a two-thirds majority vote of all
the council, but there shall also be one regular meeting per month.
(1999 Code, sec. 2-71)
(a)
The
mayor as president shall take the chair and call the city council
to order for all meetings, direct the roll to be called, and, if a
quorum is present, cause the unapproved minutes to be read (and if
need be corrected) and adopted.
(b)
If the mayor is absent from a council meeting, and there is no president pro tem present, the secretary, or in his absence some member, shall call the council to order, after which a president pro tempore shall be immediately elected, and the business shall be proceeded with as indicated in subsection (a) of this section.
(1999 Code, sec. 2-72)
The mayor shall preserve order and decorum, may speak from the
chair only to points of order and in preference to the other members,
and shall decide all questions of order, subject, however, to an appeal
to the city council by any member. Upon other questions he may speak
as other members, from the floor, by calling some member to the chair,
but in such [case] he shall not again resume the chair until that
particular question is disposed of.
(1999 Code, sec. 2-73)
A quorum at a city council meeting is any four aldermen, and
the term “two-thirds” of the council shall mean five aldermen.
If upon calling the council to order no quorum appears, or if at any
time a quorum is broken, the council may adjourn to any other time,
or may send an officer after absent members.
(1999 Code, sec. 2-74)
