ARTICLE III.

COUNCIL AND LEGISLATION

Sec. 3.1. Council Powers.

The council shall have the powers and authority of the legislative body of this city, and shall not perform administrative functions of the city.

Sec. 3.2. Council Meetings.

The city council shall meet regularly, at least once each week at the city hall within the corporate limits of the city at such times as may be fixed by ordinance or resolution.

At least one of such regular meetings shall be held each month in the evening after 6:30 p.m. Special meetings may be called by the mayor, the president of the council, or any three members of the council by written notice delivered to each member of the council at least twelve hours before the time specified for the proposed meeting. All council meetings shall be open to the public, except that the council may hold executive sessions from which the public is excluded for purposes other than the final adoption of an ordinance, resolution, rule, regulation, or directive. No ordinance or resolution shall be passed, or contract let or entered into, or bill for the payment of money allowed at any meeting not open to the public, nor at any public meeting, the date of which is not fixed by ordinance, resolution or rule, unless public notice of such meeting has been given by such notice to the local press, radio, and television, as will be reasonably calculated to inform inhabitants of the city of the meeting. Meetings of the council shall be presided over by the president, selected annually by a majority vote of the council, or in the absence of the president, by a member of the council selected by a majority of the members present at such meeting. Appointment of a council member to preside over the meeting shall not in any way abridge his right to vote on matters coming before the council at such meeting. In the absence of the clerk, or deputy clerk or other qualified person appointed by the clerk, the mayor, or the council, may perform the duties of clerk at such meeting. A journal of all proceedings shall be kept, which shall be a public record.

Sec. 3.3. Council — Quorum — Rules — Voting.

At all meetings of the council a majority of the councilmen shall constitute a quorum for the transaction of business, but a less number may recess or adjourn, from time to time, and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The council shall determine its own rules and order of business, and may establish rules for the conduct of council meetings and the maintenance of order. Upon the request of any member, any question shall be voted upon by roll call and the ayes and nays shall be recorded in the journal.

The passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money shall require the affirmative vote of at least a majority of the whole membership of the council.

Sec. 3.4. Ordinances — Styles — Requisites — Veto.

All legislation and appropriations of money shall be by ordinance, save where there is a special fund for a particular purpose; payments from such fund shall be made on order of the council.

The subject of every ordinance shall be set out clearly in the title thereof, and no ordinance, except one making appropriations, shall contain more than one subject. Ordinances making appropriations shall be confined to the subject of appropriations.

The enacting clause of all ordinances shall be in the words “The City of Everett does ordain”.

No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length.

Every ordinance, other than emergency ordinances, shall have three (3) public readings, not more than two of which shall be on the same day, and at least six days shall elapse between the introduction and the final passage, except as otherwise provided in this charter. Every ordinance and resolution shall be in writing and a summary read at a council meeting before a vote is taken thereon, and upon every such vote the ayes and nays shall be called and recorded.

Every ordinance which passes the council in order to become valid must be presented to the mayor; if he approves it, he shall sign it and the ordinance shall become valid, but if not, he shall return it with his written objections to the council and the council shall cause his objections to be recorded in the meeting minutes and proceed to a reconsideration thereof. If upon reconsideration a majority plus one of the whole membership, voting upon a call of ayes and nays, favor its passage, the ordinance shall become valid notwithstanding the mayor’s veto. If the mayor fails for ten (10) days to either approve or veto an ordinance, it shall become valid without his approval. The mayor’s veto with respect to budget measures shall extend to specific items only, and not to the whole budget.

Ordinances shall be signed by the mayor or mayor pro tempore, and attested by the clerk.

A summary of ordinances, unless otherwise provided in this charter, shall be published once in the city official newspaper, within five (5) days after its becoming valid, with complete text to be provided upon request at the city clerk’s office.

Every ordinance shall be recorded in a book kept for that purpose, which record shall be attested by the clerk.

Ordinances passed by a majority plus one of the whole membership of the council, designated therein as emergency ordinances, may be made effective upon becoming valid, but such ordinances may not levy taxes, grant, renew, modify or extend a franchise, or authorize the borrowing of money. An ordinance which grants, renews modifies, or extends a franchise shall take effect thirty (30) days after the date of its becoming valid unless a later date is fixed therein, in which event it shall take effect as such later date. All other ordinances enacted by the council shall take effect fifteen (15) days after the date of their becoming valid unless a later date is fixed therein, in which event they shall take effect at such later date.

Ordinances adopted by the electors of the city shall take effect at the time fixed therein, or if no such time is designated therein, at the date of the adoption thereof. (Amended 11-5-96)

Sec. 3.5. Adoption of Codes by Reference.

Ordinances may by reference adopt Washington State statutes and federal, state, county, or city codes, regulations, or portions thereof, or additions thereto, on the subject of the ordinance. Such statutes or codes or regulations so adopted need not be published in a newspaper as provided in section 3.4, but the adopting ordinance shall be so published and a copy of any such adopted statute, ordinance or code, or portion thereof, with amendments or additions, if any, in the form in which it was adopted, shall be filed in the office of the city clerk for use and examination by the public. While any such statute, code or compilation is under consideration by the council prior to adoption, not less than three (3) copies thereof shall be filed in the office of the city clerk for examination by the public. (Ord. 2924-06 § 5, 2006)