There shall be a City Council which shall consist of the Mayor and eight (8) Councilors elected in the manner provided in Article II of this Charter. The City Council shall be a continuing body, and no measure pending before it shall abate or be discontinued by reason of expiration of the term of office, resignation, vacancy or removal of any of the members thereof.
The City Council shall be the legislative and governing body of the City and shall exercise all powers of legislation in relation to enacting, amending or repealing local laws, ordinances and resolutions.
The City Council may by local law, ordinance or resolution establish offices, departments, boards, commissions, and agencies in addition to those created by this Charter and may prescribe the functions of such offices, departments, boards, commissions and agencies subject to all applicable provisions of law.
The Mayor shall be the presiding officer of the City Council and shall have a vote on all matters before the City Council. The Mayor shall be recognized as the head of the City government, but shall have no administrative powers or duties. The City Council shall at the first meeting in each term elect one of its members as Deputy Mayor, to serve as acting Mayor during the absence or disability of the Mayor, and who, if a vacancy occurs in the office of the Mayor, shall serve as Mayor until the office is filled as provided in § 2.8 of this Charter.
The City Clerk shall be the Clerk of the City Council and attend all official meetings there. The City Clerk shall keep the minutes of all official meetings of the City Council which shall be the official record of its proceedings; shall have custody of the City Seal and shall affix the same to such documents as action by the City Council may require.
The City Council shall hold its first meeting in each term in the evening on the second day of January next following the election of its members, or if that day be a Sunday or holiday, on the next day, and at that meeting the City Council shall organize and elect a Deputy Mayor as provided in § 3.4. The City Council shall hold regular meetings at least once a month, at times two be determined by it. All official meetings, regular and special, of the City Council shall be open to the public. No official act shall be taken except at an official meeting. A majority of the City Council shall constitute a quorum. Special meetings may be held at any time the City Council may direct and may be called by the City Manager, the Mayor or any four (4) members of the City Council. The notice of any special meeting shall be served personally upon each member of City Council or delivered to his or her residence or place of business not less than twenty-four (24) hours before the time fixed for such special meeting, and shall contain a statement of the specific item or items of business to be transacted. No other business shall be conducted at such meeting except by unanimous consent of all members of the City Council.
The City Council shall be constituted and shall meet as a committee of the whole. It may, from time to time, designate some of its members as a Committee for a social purpose, which Committee shall then be disbanded upon completion of its duty. City Council shall not be organized with permanent committees.
The City Council shall determine the rules of its own proceedings, subject to the provisions of this charter and shall keep minutes which shall be filed in the City Clerk's Office.
A.
All legislative acts of the City Council shall be by ordinance, resolution or local law, the yeas and nays of the members voting on local laws and ordinances shall be entered in the minutes. Roll call votes on resolutions shall be at the discretion of the presiding officer unless otherwise required by law. The passage of an ordinance, resolution or local law shall require the affirmative vote of a majority of all the members of the City Council except as otherwise provided by law no matter shall be voted upon by secret ballot. A resolution may be passed by the City Council on the same date is introduced, unless otherwise provided by law. No ordinance shall be passed by the City Council on the same date it is introduced except by unanimous consent of the City Council, and where the City Council declares the existence of an emergency requiring immediate action. In acting upon a local law, the City Council shall comply with the requirements of the Municipal Home Rule Law.
B.
No appropriation of money shall be made for any use or purpose except by resolution specifying the amount thereof and the department or specific purpose for which the appropriation is made. The annual budget shall be considered such a resolution.
C.
Disposition of City real estate by sale, lease or franchise may be made by private sale or negotiation. Any such sale, lease or granting a franchise by private sale or negotiation must be approved by two-thirds vote of all members of the City Council and a determination must be made by City Council after a public hearing that such real estate is not needed for any public purpose. Notice of public hearing before the City Council shall be published at least five (5) days before such scheduled date of hearing.
The City Manager shall be authorized to execute any and all documents pertaining to such sale, lease or franchise subject to the approval of City Council as set forth above. |
It is the intent of this subdivision to enable the City of Geneva to sell, lease or grant franchises or City owned real estate without the necessity of going to public sale, bid or auction, in those situations where the City Council deems it appropriate to do so and in the best interest of the City notwithstanding any provisions of the General City Law. |
Upon its final passage, every ordinance shall be authenticated by the signatures of the Mayor and City Clerk and shall be recorded in a book kept for that purpose by the City Clerk. Such records shall include the signature of the officer presiding at the time of the passage and the attestation of the City Clerk. Such record or a certified copy thereof shall be presumptive evidence of the passage of the ordinance. Every ordinance shall be publicly posted in a conspicuous place in the City Hall for a period of two (2) weeks following passage. The original authenticated ordinance shall be kept by the City Clerk.
The City Council shall have the power to provide for penalties including fines and imprisonment for the violation of any of its ordinances. Notwithstanding the foregoing, and in addition thereto, the City Council may also provide for civil penalties and the City may maintain an action or proceeding in a court of competent jurisdiction for an injunction or to compel compliance with the requirements of any ordinance of the City.
The City Council shall determine the policies of the City, the execution of which shall be under the direction of the City Manager. Neither the City Council nor any of its members shall exercise any administrative duties. Except for the purpose of inquiry or investigation, the City Council and its members shall deal with the administrative service of the City through the City Manager, and neither the City Council nor any member thereof, shall give orders to any subordinate of the City Manager. Whenever an executive or administrative function is required to be performed by law, local law, ordinance or resolution of the City Council, the same shall be performed by the proper executive or administrative officer, department, or agency designated in the law, ordinance or resolution, and in case no such designation be thus made, the City Manager shall make the same.
The City Council shall have power to investigate the official conduct all city officers, departments, boards, commissions and agencies. The Council shall have access to all records and papers kept by every City officer, department, board, commission, and agency, and shall have power to compel the attendance of witnesses and the production of books, papers, or other evidence at any meeting of the City Council, and for that purpose may issue subpoenas signed by the Mayor on its behalf.
At the first meeting of the City Council in each term the City Council shall designate one newspaper to be the official newspaper of the City.
At the first meeting of the City Council in each term, the City Council shall designate one or more banks or trust companies as the official depository or depositories of the City.
In addition to any other powers conferred upon cities, the City Council may take all measures and do all acts by local law, ordinance or resolution, not inconsistent with the provisions of the Constitution which shall be deemed expedient or desirable for the good government of the city, its management and business, the protection of its property, safety, health, comfort, and general welfare of its inhabitants, the protection of their property, the preservation of peace and good order, the suppression of vice, the benefits of trade, and the preservation and protection of public works.