TITLE 1 - AMINISTRATION
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ORDINANCE NO. 1-1
MAYOR AND CITY COUNCIL
1-1-2 CITY COUNCIL
1-1-3 ELECTION OF MEMBERS BY DESIGNATED SEAT
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF ATOMIC CITY:
SECTION 1-1-1. MAYOR:
A. DUTIES OF MAYOR: The mayor is the chief executive officer of the city, and shall devote full time to the duties of his/her office so that they may efficiently and faithfully discharge the same. The mayor shall from time to time give the city council such information and recommend such measures as they may deem beneficial to the city. He or she shall also examine the grounds of all complaints against any of the officers to determine existence of a violation or neglect of duty, and report the evidence thereof, if deemed sufficient for the removal of said officer to the city council. The mayor shall require that every officer, on the expiration of their term of office or resignation or removal from the same, deliver to his/her successor all monies, books, papers, maps, plats, furniture, fixtures, apparatus, machinery, tools and instruments and appurtenances belonging to such office. The mayor shall perform all other duties imposed by the state.
B. ADDITIONAL POWERS AND FUNCTIONS OF MAYOR: The mayor, in addition to the powers, duties and functions vested in him/her by statute as the chief executive officer of the city and those specifically vested in him/her by the provisions of this code, shall have authority to act, or designate the officer who shall act, in the enforcement of any provision of this code in all cases where this code fails to specify the officer who shall be charged with the duty of enforcement. The mayor also shall have the following powers and functions:
MAYOR TO SIGN CONTRACTS: The mayor is authorized and empowered to sign his/her name officially for and in behalf of the city on all contracts, including deeds, bonds, bills, notes, obligations and other agreements, documents and papers, to which the city is a party, and to require that the conditions in the said instruments are faithfully performed, and to borrow money on the credit of the city when authorized by the city council.
ACCOUNTS AND REPORTS OF OFFICERS: The mayor shall have the power, when they deem it necessary, to require any officer of the city to exhibit his/her accounts or other papers, and to make reports to the city council in writing, touching any subject or matter he/she may require pertaining to his office.
POLICE POWER OF MAYOR: The mayor shall have jurisdiction over all places within five (5) miles of the corporate limits of the city for the enforcement of any health or quarantine ordinance and regulations thereof, and shall have jurisdiction in all matters vested in him/her by ordinance, excepting taxation, within one mile of the corporate limits of said city and over such properties as may be owned by the city without the corporate limits.
MAYOR MAY REQUIRE AID: The mayor is hereby authorized to call every resident of the city over twenty-one (21) years of age to aid in enforcing the laws.
OTHER POWERS: The mayor shall have all other powers granted by the laws of the state.
APPOINTMENT OF COUNCIL MEMBERS: The mayor may appoint council members to special projects and/or to watch over, oversee, review and give advice to the mayor and city council on one or more city departments.
C. DUTIES AS ADMINISTRATOR OF CITY: The mayor, as administrator of the city shall:
Manage the city administration and personnel.
Coordinate management functions of the various departments or agencies to effectuate the directions and programs of the executive as defined or directed by the mayor and city council.
Coordinate with the City Treasurer/Clerk to draft a two (2) year preliminary budget plan to be submitted to the city council for review and comment by June 30 of each calendar year.
Oversee and ensure that procurement regulations are implemented pursuant to state law and city policy.
Provide reports as required by state law.
Provide a state of the city report to the city council by the last day of February of each year.
D. MAJORITY REQUIRED FOR ELECTION: A majority of the votes cast for the office of mayor shall be required for election to that office. In the event no candidate receives a majority of the votes cast in the general election, there shall be a runoff election between the two (2) candidates receiving the two (2) highest numbers of votes cast in said general election. Such runoff election shall be conducted as in a general election, and shall be conducted within thirty (30) days after said general election, in accordance with Idaho Code section 50-612.
SECTION: 1-1-2: CITY COUNCIL:
A. PARLIAMENTARY RULES: Except as may be inconsistent with the provisions of this section, the parliamentary rules and law for the conducting of regularly scheduled council meetings shall be as set forth in "Robert's Rules of Order", current edition.
B. QUORUM: A majority of the council members elected shall constitute a quorum. A less number may adjourn from time to time and compel the attendance of absent members.
C. REGULAR MEETINGS: The city council shall hold regular meetings on the second Monday of each month. Meetings will be held at city hall at six o'clock (6:00) P.M. The mayor shall preside at council meetings.
D. SPECIAL MEETINGS: A special meeting of the city council may be called at any time by the mayor or a majority of the members of the council in the manner provided by statute.
E. ELECTION OF PRESIDENT OF COUNCIL: At the time of taking office, the city council shall elect one of its members president of the council, who shall preside at all meetings of the council and perform all other duties of the mayor in the absence of the mayor; and, in the absence of the president of the council, shall elect one of their members to occupy his/her place temporarily and who shall be styled acting president of the council, and the president and acting president, when occupying the place of mayor, shall have the same privileges as other members of the council and all acts of the president and acting president, while so acting, shall be binding upon the council and upon the city as if done by the mayor.
F. ORDER OF BUSINESS: The business of the city council shall be presented in the order as set forth by the mayor.
G. PRESIDING OFFICER: The presiding officer shall preserve order and decorum, may speak to points of order in preference to other members, and shall decide all questions of order, subject to an appeal to the city council, on which appeal no member shall speak more than once without leave of the council.
H. PRIORITY OF BUSINESS: All questions relating to priority of business shall be decided without debate.
I. RECOGNITION BY PRESIDING OFFICER: When two (2) or more members happen to request recognition at once, the presiding officer shall name who is to speak first.
J. PRIVILEGES OF MEMBERS: No member shall speak more than twice on the same question without leave of the city council, nor more than once until every member choosing to speak shall have spoken.
K. MOTIONS: When a motion is under debate, no motion shall be received except to adjourn, to lay on the table, to postpone to a day certain, to refer or amend, to postpone indefinitely, which several motions shall have precedence in the order in which they are stated.
L. ADJOURNMENT: A motion to adjourn shall always be in order, except when once put and voted down; the same shall not again be in order until some other business shall have been taken up, and shall be always decided without debate.
M. MEMBERS ADDRESSING CHAIR: When any member is about to speak in debate or deliver any matter to the city council, they shall respectfully address the presiding officer, and shall confine themselves to the question in debate and avoid personalities.
N. MEMBERS MUST VOTE; EXCEPTIONS: Every member who shall be present when a question is put shall vote for or against the same, unless the city council shall excuse them; but no member shall be permitted to vote on a question when the yeas and nays are called for, unless present when their name is called in its regular order.
O. MOTION RECORDED: No motion shall be considered unless the same shall be recorded by the city clerk. When a motion is recorded, it shall be stated by the presiding officer before debate. The mover may withdraw it at any time before a decision or amendment is made to it.
P. RECONSIDERATION: When a question has been once decided, it shall be in order for any member who voted in the affirmative to move for a reconsideration thereof, but no motion for a reconsideration of a vote shall be made after adjournment of the next regularly scheduled meeting following the final reading of any ordinance or resolution to be reconsidered or any vote to be reconsidered. No motion for such reconsideration shall be made more than once.
Q. SUSPENSION OF RULES: No rule of order shall be suspended except by an affirmative vote of three-fourths (3/4) of the members of city council; provided, however, that no formal motion to suspend a rule of order shall be required if the council member requesting suspension of the rule of order receives unanimous consent for the suspension of the rule of order. Standing rules (those rules adopted without previous notice and by a majority vote) may be suspended by an affirmative vote of three-fourths (3/4) of the members of the city council.
R. QUESTIONS: All questions shall be put in the order in which they are moved.
S. LAY ON THE TABLE: The motion "to lay on the table" shall be decided without debate.
T. ORDINANCES AND RESOLUTIONS:
CLASSIFICATIONS: All actions of the city council involving the exercise of the city legislative and police power functions, or actions otherwise required by law to be in ordinance form, shall be designated as ordinances and appear in the form required by law. All other actions of the city council of a ministerial nature relating to the administrative business of the city and/or requiring written findings or statements, shall be designated as resolutions.
READING ORDINANCES AND RESOLUTIONS: Ordinances shall be read on three (3) different days, two (2) readings of which may be by title only and one reading of which shall be in full, unless one-half (1/2) plus one of the members of the full council shall dispense with the rule. In preparation, passage and publication, ordinances shall contain no subject which shall not be clearly expressed in the title, and no ordinance or section thereof shall be revised or amended unless all ordinances, which are intended to amend existing ordinances, shall have the words which are added to such ordinance underlined; when the amendment is to strike out or repeal any part of an existing ordinance, the letter, figure, word or words stricken or repealed shall be printed with a line through such letter, figure, word or words in the printed bill to indicate the part stricken or repealed; provided, however, that when an ordinance includes or consists of the repeal of an entire section or chapter, or a substantial revision of an entire title, it shall not be necessary to print such repealed section or chapter.
PASSAGE: The passage of every ordinance and resolution shall be by roll call of the city council with the yea or nay of each member present being recorded, with the majority vote of the council members constituting a quorum being required for passage. For purposes of such passage, however, it shall be permissible for any council member to move for the roll call, recording of votes, and passage of all or any number of ordinances or resolutions appearing on the agenda for final passage. The maker of such a motion must specify by agenda number or classification, which ordinances or resolutions appearing on the agenda are to be included for purposes of the motion. Upon the objection of the mayor or any council member, any ordinance or resolution so included may be removed from the motion and considered separately. In the absence of such an objection, all ordinances and resolutions included in the motion shall be subject to consideration for final passage, and upon such consideration, the minutes shall reflect the yea or nay votes of each council member on each ordinance or resolution so considered.
U. DUTIES OF COUNCIL MEMBERS GENERALLY: The members of the city council, the legislative and policy making branch of the government of the city, shall devote so much of their time to the duties of their office as an efficient and faithful discharge thereof may require and act as a liaison between the body of the city council and the departments to which they are assigned by the mayor, and give advice to the mayor and city council with respect to the operations of such departments. They shall attend all meetings of the city council unless excused therefore by the mayor or by a majority of the remaining members, and perform all duties which by the nature of their office they should reasonably perform, such as the passing of ordinances, resolutions and the investigation and study of work done for the city according to the character of committee upon which they may severally be appointed by the mayor.
V. EXAMINATION OF ACCOUNTS OF FISCAL OFFICERS: Pursuant to Idaho Code section 50-708, at least once in each quarter of each year, the city council shall examine the accounts and doings of all officers or other persons having the care, management or disposition of monies, property or business of the city.
SECTION: 1-1-3: ELECTION OF MEMBERS BY DESIGNATED SEAT:
A. PURPOSE: The city council does, by this section, find that the citizens of the city would be best served by providing for the election of council members by designated council seats pursuant to Idaho Code section 50-707.
B. COUNCIL MEMBERSHIP: The city shall have a city council composed of four (4) members. During each general city election, two (2) of the four (4) members of the city council shall stand for reelection for a four (4) year term of office.
C. RESIDENCY REQUIREMENT: Each candidate for the city council shall meet the residency requirements in the city as set out in Idaho Code.
D. ASSIGNMENT OF COUNCIL SEATS: Each of the council seats shall be designated by the numbers 1 through 4 inclusive. The city clerk shall assign said numbers to the council seats. Any candidate seeking election to the city council shall file for one of the assigned council seats and so designate that number upon his petition for candidacy.
E. PLURALITY VOTE REQUIRED FOR ELECTION OF COUNCIL MEMBERS: Where an election for an office of a city council member involves more than two (2) candidates, the candidate that receives the greatest number of votes from qualified electors shall have a plurality of the votes and shall be declared the winner.
F. FILLING VACANCIES: In the event an office of council shall become vacant, through death, moving out of the city, or for any other cause, the mayor shall appoint, with the approval of a majority of the city council, a resident of the city to fill the unexpired portion of the term to serve until the next general election, at which time the unexpired term shall be filled by regular election.
SECTION: 1-1-4: SALARIES:
The Mayor and City Council members do not receive any salary of any sort till the city has the means to so.
SECTION: 1-1-5: SEVERABILITY: If any section or provision of this ordinance is held invalid by any court of competent Jurisdiction, such holdings shall not affect the validity of the remaining sections or provisions.
NOTE: ALL SIGNATURES AND SEAL ARE ON THE ORIGINAL COPY
Recorded on July 12, 2016 #
ORDINANCE NO. 1-2
1-2-1: OFFICES OF CITY CLERK AND TREASURER TO BE HELD BY THE SAME PERSON
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF ATOMIC CITY:
SECTON 1-2-1: OFFICES OF CITY CLERK AND TREASURER TO BE HELD BY THE SAME PERSON: The Offices of the City Clerk and City Treasurer shall be held by the same person, but he or she shall give a separate bond for the faithful performance of the duties of each of said offices.
SECTION 1-2-2: APPOINTMENT:
The mayor shall, with approval of the city council, appoint a city clerk/treasurer, who shall hold office for the duration of his/her appointment, or until such time as he or she may be removed.
SECTION 1-2-3: DUTIES:
A. CLERK TO KEEP SEAL, ORDINANCES AND ALL CITY RECORDS: The city clerk/treasurer shall be custodian of the city seal and affix the same to documents as provided herein. The city clerk shall also be custodian of all public records, documents, ordinances, resolutions and orders of the city council, and such other papers and documents as may be delivered into his custody.
B. ATTEND MEETINGS OF COUNCIL AND KEEP MINUTES AND RECORDS: The city clerk/treasurer shall attend all sessions of the city council, keep a correct journal and shall keep in a separate book a record of ordinances passed by the city council and of the titles of such ordinances; and all ordinances not published in book form shall be carefully indexed alphabetically. The city clerk shall see that each ordinance is published as required by law, and he shall keep on file the proof of such publication.
C. REPORT TO COUNCIL: The city clerk/treasurer shall, at the end of each and every month, and at other times when required by the mayor or city council, render an account under oath, showing the condition of the treasury at the date of such account, including in said statement the balance of money in the treasury with a detailed statement of the specified amount in each designated depository and of the amount and class of security held to guarantee each deposit. Such account shall also contain a statement of receipts and disbursements and of all warrants redeemed and paid by them, with all vouchers held by him/her, shall be filed with his/her accounts in the city clerk's office. The mayor, city attorney or any member of the city council shall have free access to any and all books or papers in the office of the city treasurer for the purpose of inspection or examination.
D. FURNISH COPIES OF RECORDS: It shall be the duty of the city clerk/treasurer to furnish any officer with a certified copy of any record, paper or public document on file in his/her office or in his/her custody, for the use of such officer in the discharge of his/her official duties, and he or she shall also furnish a certified copy of any such record, paper or document to any person not an officer of the city upon the payment in advance of a fee in such amount as established by resolution of the city council.
E. KEEP BOOKS AND RECORDS: The city clerk/treasurer shall keep in a suitable book or books a full and accurate account of city money and funds received by him/her, showing the date of the receipt thereof, the person from whom received, on what account, and to what fund the same is credited with the date of disbursement, the person to whom disbursed, on what account and against what fund.
F. ISSUE LICENSES: The city clerk/treasurer shall issue all licenses, a duplicate of which shall be kept on file, but no license shall be issued to any person unless fees and charges fixed by either ordinance or resolution shall have first been paid, for which payment the city clerk shall issue a receipt in duplicate. The city clerk shall endorse upon the receipt and duplicate receipt the number of the license issued, the number of the application for license, and the duplicate of such receipt so issued shall be kept on file with the duplicate license.
G. KEEP RECORD OF MUNICIPAL BONDS: The city clerk/treasurer shall keep records of outstanding bonds of the city, showing the number and amount of each, for what and to whom said bonds were issued, and when any of said bonds are purchased or paid or canceled, said record shall show the fact, and in his/her report at the close of each fiscal year he/she shall describe particularly the bonds issued and sold during the year, the terms of sale, and itemize each and every expense thereof.
H. RECEIVE AND SAFELY KEEP FUNDS: It shall be the duty of the city clerk/treasurer to receive and safely keep in designated depositories, as required by law, all monies or funds belonging to the city which may come into his/her hands; to disburse the same upon an appropriation by ordinance or resolution of the city council after audit and allowance by the council of claims therefore, and upon warrant of the mayor, countersigned by the city clerk, and not otherwise. Securities belonging to the city, incapable of deposit in a checking account, shall be kept by the city treasurer in a safety deposit box in some banking institution designated by the city council. All bonds or securities delivered to the city treasurer by any designated depository of city funds as security for such funds shall be deposited with the county auditor or other public official as may be provided by law.
I. COLLECT ALL MONIES: The city clerk/treasurer shall receive and all officers or other persons shall forthwith pay to the city treasurer, except as otherwise provided by this code, all money due the city on any account whatsoever.
J. ISSUE DUPLICATE RECEIPTS FOR MONEY RECEIVED: The city clerk/treasurer shall execute and deliver to every officer or other person paying money or funds into the treasury a receipt therefore, specifying the date of payment, the amount thereof and upon what fund or account the same is received.
K. PUBLISH QUARTERLY REPORTS OF RECEIPTS AND EXPENDITURES: It shall be the duty of the city clerk/treasurer to cause to be published for at least one insertion in some newspaper in the city, and/or city web page and on the city bulletin board between the first and third Mondays of May, August, November and February of each and every year, a full statement of the receipts and expenditures of the city, giving the source from whence received, to what purpose applied and to whom paid.
F. DELIVER BOOKS AND PAPERS TO SUCCESSOR: The city clerk/treasurer shall deliver to his successor in office, all books, money, papers and other property pertaining to his office.
SECTION 1-2-4: SEVERABILITY: If any section or provision of this ordinance is held invalid by any court of competent Jurisdiction, such holdings shall not affect the validity of the remaining sections or provisions.
NOTE: ALL SIGNATURES AND SEAL ARE ON THE ORIGINAL COPY
Recorded on June 28, 2016 #677629