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Sec. 4. Council: Created, number of members, qualifications.

As soon as practicable after this charter goes into effect, the council by ordinance shall
create five (5) wards, and by ordinance may change the ward boundaries from time to time.
There shall be a council of five (5) members, which shall consist of one councilman from
each of the five (5) wards of the city. Only qualified electors residing in the city and, at
the time of their election, in the respective wards from which they are candidates, shall
be qualified for the offices of councilman. Removal of a councilman from one (1) ward or
precinct to another within the city after his election, or a change in ward or precinct
boundaries shall not disqualify him from completing the term for which he was elected. No
councilman may hold any office or position in the city government by appointment by the city manager.

Sec. 5. Mayor and vice mayor.

At the first meeting after the time prescribed for the beginning of the terms of newly
elected councilmen, or as soon thereafter as practicable, the council shall elect from its
membership a mayor and a vice mayor, who shall serve until the time prescribed for the
beginning of the terms of the next newly elected councilmen and until their respective
successors have been elected and qualify.
The mayor shall preside at meetings of the council, and shall certify to the correct
enrollment of all ordinances and resolutions passed by it. He shall be recognized as the
head of the city government for all ceremonial purposes and by the governor for purposes
of military law. He shall have no regular administrative duties except that he shall sign such
written obligations of the city as the council may require. As a councilman, he shall have
all powers, rights, privileges, duties and responsibilities of a councilman, including the right
to vote on questions.
The vice mayor shall act as mayor during the absence, disability or suspension of the mayor,
or, if a vacancy occurs in the office of mayor, until another mayor is elected by the council
from its membership for completion of the unexpired term and qualifies. If the office of
vice mayor becomes vacant, the council shall elect from its membership another vice-mayor for completion of the unexpired term.

Sec. 6. Councilmen: Compensation.

Each councilman shall be paid a salary of twenty-five dollars ($25.00) per month.

Sec. 7. Council: Powers.

Except as otherwise provided in this charter, all powers of the city, including the
determination of all matters of policy, shall be vested in the council. Without limitation of
the foregoing, the council may:
(1) Appoint and remove the city manager as provided in this charter
(2) By ordinance, enact municipal legislation
(3) Raise revenue and make appropriations, regulate bond elections, the issuance of bonds,
sinking funds, the refunding of indebtedness, salaries and wages, and all other fiscal affairs
of the city, subject to the provisions of the state constitution and law and this charter.
(4) Establish or adopt a pension, retirement and/or social security system or systems for
any or all groups of the officers and employees in the service of the city, either alone or in
cooperation with the state or federal government or both
(5) Inquire into the conduct of any office, department or agency of the city, and investigate
municipal affairs.
(6) Appoint or elect and remove its own subordinates, the members of the personnel board,
the members of the planning commission, the members of the board of adjustment, and
other quasi-legislative, quasi-judicial or advisory officers and authorities, now or when and
if established, or prescribe the method of appoint or electing and removing them.
(7) Grant pardons for violations of the charter and ordinances, including the remission of
fines and costs, upon the recommendation of the municipal judge
(8) Regulate elections, the initiative and referendum, and recall, within the limits
prescribed by the state constitution and law and this charter.
(9) Regulate the organization, powers duties and functions of the municipal court and of
the minor violations bureau, when and if established, within the limits prescribed by the
state constitution and law and this charter.
(10) Create, change and abolish all offices, departments and agencies of the city other than
the offices, departments and agencies created by this charter and assign additional powers,
duties and functions to offices, departments and agencies created by this charter.

Sec. 8. Council not to interfere in appointments and removals.

Neither the council, the mayor nor any of its other members may direct or request the
appointment of any person to, or his removal from, office or employment by the city
manager or by any other authority, or, except as provided in this charter, participate in
any manner in the appointment or removal of officers and employees of the city. Except
for the purpose of inquiry, the council and its members shall deal with the administrative
service solely through the city manager and neither the council not any member thereof
may give orders on administrative matters to any subordinate of the city manager either
publicly or privately.

Sec. 10. Council: Induction into office, meetings.

The terms of office of councilmen shall begin at 7:30 p.m. on the first Monday in May
following their election. The council shall hold a meeting at that time, and those whose
terms are beginning shall be inducted into office. If a councilman-elect fails to qualify
within one (1) month thereafter, his office shall become vacant and the council shall fill
the vacancy. The council shall hold at least one (1) regular meeting every month at such
times as it may prescribe by ordinance or otherwise. The mayor or any three (3) councilmen
may call special meetings. All meetings of the council shall be open to the public, and the
journal of its proceedings shall be open to public inspection.
The terms of office of councilmen shall begin at 7:30 p.m. on the first Monday in May
following their election. The council shall hold a meeting at that time, and those whose
terms are beginning shall be inducted into office. If a councilman-elect fails to qualify
within one (1) month thereafter, his office shall become vacant and the council shall fill
the vacancy. The council shall hold at least one (1) regular meeting every month at such
times as it may prescribe by ordinance or otherwise. The mayor or any three (3) councilmen
may call special meetings. All meetings of the council shall be open to the public, and the journal of its proceedings shall be open to public inspection.

Sec. 11. Council: Absences to terminate membership.

If the mayor or any other councilman shall be absent from more than one-half of all the
meetings of the council, regular and special, held within any period of four (4) consecutive
months, he shall thereupon cease to hold office.

Sec. 12. Councilmen: Removal

The mayor or any other councilman may be removed from office for any cause specified by
applicable state law for the removal of officers and by the method or methods prescribed
thereby and may also be removed by recall as provided in this charter.

Sec. 13. Council: Vacancies.

The council, by majority vote of its remaining members, shall fill vacancies in its own
membership for the unexpired terms provided that, if a vacancy occurs before the
beginning of a regular filing period for candidates for councilmen, and the unexpired term
extends beyond 7:30 p.m. on the next first Monday in May, then a councilman for that place
shall be elected at the election of that year to serve the rest of the unexpired term
beginning at 7:30 p.m. on said first Monday in May.

Sec. 14. Council: Quorum, rules, yeas and nays.

A majority of all of the members of the council shall constitute a quorum, but a smaller
number may adjourn from day to day or from time to time. The council may determine its own rules. On the demand of any member.

Sec. 35. Overlapping terms of 2 years - Elected at large - Nonpartisan elections.

The terms of the councilmen from wards 1, 2 and 3 under this charter, shall expire at 7:30
p.m. on the first Monday in May in every odd-numbered year. The first councilmen from
wards 4 and 5 shall be elected in 1960 and the terms of the councilmen from wards 4 and
5 shall expire at 7:30 p.m. on the first Monday in May 1962 and at that time in every evennumbered
year thereafter. Each year the successors of those whose terms are expiring shall
be elected for overlapping terms of two (2) years.
All councilmen shall be elected at large, by the qualified electors of the entire city but
candidates for councilmen must be qualified electors of their respective wards.
There shall be no primary election, but only a general election, herein called “election”.
The election shall be nonpartisan and no party designation or emblem shall be placed on the ballots.

Sec. 36. Election: Filing.

Any qualified person may have his name placed on the ballot for the election as a
candidate for councilman from his ward by filing, not more than forty (40) days and at
least thirty (30) days prior to the election, with the secretary of the county election
board, a sworn statement of his candidacy.

Election Proclamation 01-02-2018 (A)

Sec. 37. Election: Time, who elected, etc.

An election shall be held on the first Tuesday of April every year to elect councilmen to
succeed those whose terms are about to expire. If only one (1) person is a candidate for an
office, he shall be elected ipso facto and his name need not appear on the ballot. Every
qualified elector in the city shall be entitled to vote for one (1) candidate for each office
to be filled. The candidate receiving more votes than any other candidate for an office
shall be elected. In case of a tie, the election shall be determined fairly by lot from among the candidates tying, by the county election board in a public meeting.

Sec. 38. Registered qualified electors.

Only electors residing in this city should have the qualifications prescribed for electors by
the state constitution and law, and who are registered as required by law, may vote in city elections.

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