ARTICLE II. THE COUNCIL

Sec. 2.01. Election and Term.
(a) The council shall consist of a mayor and six (6) council members elected by the voters for a term of two (2) years, or until their successors have been elected and qualified.
(b) The mayor and two (2) council members shall be elected at-large in even-numbered years. The two (2) at-large council members positions shall be respectively designated as Position 1 and Position 2. The remaining four (4) council members shall be elected by districts, designated as Districts 1, 2, 3, and 4, in odd-numbered years. The council shall modify the size, configuration, and geographic definition of the council districts as necessary to provide equal representation to all citizens of the city and to comply with state and federal law.
(c) Council elections shall be held in May of each year on the date specified by state law. A candidate must be elected to office by majority vote. If no candidate for an office receives a majority vote, a run-off election shall be held as required by state law. The council shall be the judge of the election and qualifications of its own members.
(d) The city secretary shall promptly notify all persons elected to office. A candidate who is elected in a regular, special or runoff city election shall, after taking the oath of office as prescribed in section 10.02 of this charter, take office, and enter upon his duties at the next council meeting.
(Ord. No. 1178, § 1, 6-15-99)

Sec. 2.02. Qualifications.
Council members shall be twenty-one (21) years of age or older and city residents for at least one (1) year preceding their election. A district council member shall during the term of office maintain a residence in the district to which elected. No council member shall hold any other city office or city employment while serving as a council member or hold any paid city employment within two (2) years thereafter.
(Ord. No. 1178, § 1, 6-15-99)

Sec. 2.03. Term Limitations.
A person may not be elected in a city election to any council position more than four times in any consecutive nine year period. For purposes of this provision, the position of the mayor is considered a separate office from other council positions.
(Ord. No. 1178, § 1, 6-15-99)

Sec. 2.04. Compensation.
The mayor and councilmen may receive such pay or compensation, including necessary expenses incurred in the performance of their official duties, in an amount determined from time to time by the council; provided, that the pay or compensation received by the mayor shall not be less than that received by each councilman.
(Ord. No. 1178, § 1, 6-15-99)

Sec. 2.05. The Mayor.
(a) Head of City government. The mayor shall preside at all council meetings and be deemed a council member and be entitled to vote upon all matters considered by the council. The mayor shall be recognized as the head of the City government for all ceremonial purposes and shall perform any additional duties as provided for by Federal or State laws or regulations.
(b) Mayor pro tem. Following each city election in May, the council shall appoint one of its members as mayor pro tem. The mayor pro tem acts as mayor during mayor's absence and has the power to perform every act the mayor could perform if present.
(c) Acting mayor. In the event of the absence, disability or qualification of both the mayor and mayor pro tem at any particular meeting of the council, the remaining members of the council, if a quorum be present, shall, by election, designate one of theirs members as acting mayor, and he shall act as mayor for such particular meeting and shall have the power to perform every act the mayor could perform if present.
(Ord. No. 1178, § 1, 6-15-99, Ord. No. 1432, § 2, 6-15-04)

Sec. 2.06. Vacancies.
(a) If the office of mayor becomes vacant, the following provisions apply:
(1) If, at the time of the vacancy, more than fifteen (15) months remain on the term, a city election shall be held for mayor at the next May council election. Pending the city election, the council shall appoint one of its members as mayor, whereupon the position of the appointed member becomes vacant.
(2) If, at the time of the vacancy, three (3) months or more, but fifteen (15) or less months remain on the term, the council shall appoint one of its members as mayor to serve for the duration of the mayor's term, whereupon the position of the appointed member becomes vacant.
(3) If, at the time of the vacancy, less than three (3) months remain on the term, the mayor pro tem shall act as mayor and receive the compensation of the mayor, but the mayor pro tem's position does not become vacant.
(b) If the office of a council member, other than the mayor's position, becomes vacant, the council shall within thirty (30) days of the vacancy appoint a qualified person to fill the vacancy. If, at the time of the vacancy, more than fifteen (15) months remain on the term, an election shall be held for the position at the next May council election. Otherwise, the appointee shall serve the remainder of the unexpired term of that position.
(Ord. No. 1178, § 1, 6-15-99; Ord. No. 1245, § 1, 5-23-00)

Sec. 2.07. Powers and Duties of the Council.
All powers of the city shall be vested in the city council, except as otherwise provided by law or this Charter. The powers and duties of the council shall include the following:
(a) To select, appoint, review, and dismiss the city manager, with or without cause;
(b) To establish boards or commissions and appoint individuals thereto as shall be required by law or deemed necessary by the city council.
(c) To adopt and modify yearly a plan containing the goals and long range plans for the city and directing the city manager in meeting those goals and plans; and
(d) To exercise exclusive jurisdiction upon, over and under the public streets, sidewalks, alleys, and public grounds of the city, including the right to impose charges for the use of such property.
(Ord. No. 1178, § 1, 6-15-99)

Sec. 2.08. Council meetings.
(a) The council shall hold two (2) regular meetings each month on the first and third Tuesdays of the month. If a designated Tuesday is a legal holiday, the city council may hold the meeting on another day. All meetings of the council shall be held at the city hall, unless the council designates another place after giving due notice thereof. The mayor, any four (4) council members, or the city manager may call special meetings of the council.
(b) The council shall determine its own procedures for council meetings and may compel the attendance of its members. Four (4) council members shall constitute a quorum and an affirmative vote of at least four (4) members shall be necessary for the council to take any action relating to public business. The vote on all ordinances and resolutions shall be taken by the "ayes" and "nays" and entered upon the minutes, and every ordinance or resolution, upon its final passage, shall be recorded in a book kept for that purpose.
(c) If, because of the death or disability of council members, there are an insufficient number of council members for a quorum for two or more consecutive council meetings that are required to be held under the Charter, the remaining member or members are sufficient in number to act as a quorum until the next required council meeting is held at which four or more council members are in attendance.
(Ord. No. 1178, § 1, 6-15-99, Ord. No. 1432, § 2, 6-15-04)

Sec. 2.09. Legislation.
(a) An ordinance shall not be adopted until it has been considered and favorably acted on by the council at two (2) separate council meetings. However, ordinances relating to the following matters may be adopted by the council after consideration at only one meeting:
(1) The adoption or amendment of a budget or the assessment or levy of taxes;
(2) The calling of an election or the canvassing of the returns and declaring the results of an election;
(3) The issuance or sale of bonds; certificates of obligations, or other debt instruments; and
(4) Where the city council, by the affirmative vote of five (5) or more members, adopts an ordinance declaring that an emergency exists because there is an immediate need to preserve and protect the peace, health, safety, or welfare of the community.

(b) The caption of a proposed ordinance shall be read once in full at a council meeting prior to its adoption by the council.

(c) Notice of the enactment of every ordinance imposing any penalty shall be given by publishing the ordinance or its descriptive caption and penalty in the city's official newspaper one (1) time within thirty (30) days of passage. The failure to comply with this section shall not affect the validity of the ordinance adopted.

(Ord. No. 1178, § 1, 6-15-99; Ord. No. 1245, § 2, 5-23-00)