FOR THE
CITY OF ASHLAND, OHIO
EDITOR'S NOTE: The Ashland City Charter was adopted on June 18, 1914. Dates appearing in parenthesis following a section heading indicate those provisions were amended, added or repealed on the date given.
TABLE OF CONTENTS
Sec. 1. Powers of the City.
Sec. 2. Powers Not Exclusive.
Sec. 3. The Elective Officers of the City. (11-7-89)
THE COUNCIL
Sec. 4. Term. (11-7-89)
Sec. 5. Resident of City. (5-7-74)
Sec. 6. Salaries Established.
Sec. 7. Meetings; Regular and Special. (11-3-09)
Sec. 8. Election Procedure. (11-7-00)
Sec. 9. Election of Council President. (11-7-89)
Sec. 10. Officers and Employees.
Sec. 11. Proposed Ordinances and Resolutions.
Sec. 12. Passage and Adoption Procedure. (11-7-89)
Sec. 13. Itemized Expense Estimate.
Sec. 14. Appropriation Ordinance.
Sec. 15. Accrued Revenues.
Sec. 16. Designated Appropriations.
Sec. 17. Record of Ordinances; Publication. (11-7-89)
Sec. 18. Bonds.
Sec. 19. Positions Created; Compensation. (11-5-63)
Sec. 20. Deposit of Moneys. (11-4-14)
Sec. 21. Emergency Ordinances. (11-5-63)
Sec. 22. Powers of Council.
Sec. 23. Administrative Powers of the City.
THE MAYOR
Sec. 24. Term and Qualifications. (11-5-63)
Sec. 25. Salary.
Sec. 26. Succession of Mayor. (11-7-89)
Sec. 27. Powers and Duties. (11-7-89)
Sec. 28. Director of Public Safety; Director of Public Service.
(11-6-07)
Sec. 29. Recommendations to Council.
Sec. 30. Vacancies Filled by Mayor. (11-7-89)
DIRECTOR OF LAW
Sec. 31. Election and Term. (11-7-89)
Sec. 32. Prosecuting Attorney.
Sec. 33. City Controversies.
Sec. 34. Duties.
Sec. 35. Salary.
DIRECTOR OF FINANCE AND PUBLIC RECORD
Sec. 36. Qualification and Salary. (11-5-63)
Sec. 37. Duties.
Sec. 38. Accounting Procedure.
Sec. 39. Accounts.
Sec. 40. Examination of Account.
Sec. 41. Payment of Claims.
Sec. 42. Treasurer. (11-7-89)
Sec. 43. Bank Statement; Report. (11-7-89)
Sec. 44. Special Assessments.
Sec. 45. Contracts Certified. (11-7-00)
Sec. 46. Contracts - When Void.
CLERK OF COUNCIL
Sec. 47. Duties. (11-4-14)
MUNICIPAL COURT
Sec. 48-49 Establishment of a Municipal Court and a Municipal Judge.
DEPARTMENT OF HEALTH
Sec. 50. Organization and Powers. (11-6-18)
CHARTER REVIEW COMMITTEE
Sec. 51. Charter Review Committee. (11-7-89)
CIVIL SERVICE COMMISSION
Sec. 52. Civil Service Commission. (11-6-07)
NOMINATION AND ELECTION OF OFFICERS
Sec. 53. Nomination by Primary Election. (11-7-89)
Sec. 54. Nomination by Petition.
Sec. 55. Regular Elections.
Sec. 56. Special Elections.
THE RECALL
Sec. 57. Removal of Officer.
Sec. 58. Petition for Removal.
Sec. 59. Affidavit; Record.
Sec. 60. Signature.
Sec. 61. Filing; Presentation.
Sec. 62. Ballot Requirements.
Sec. 63. Candidate Nomination.
Sec. 64. Affirmative Vote.
Sec. 65. Filing Date.
Sec. 66. Conformity.
THE INITIATIVE
Sec. 67. Signatures Required.
Sec. 68. Proposal Form.
Sec. 69. Petition.
Sec. 70. Passage.
Sec. 71. Conformity.
THE REFERENDUM
Sec. 72. Procedure.
Sec. 73. Emergency Ordinances.
Sec. 74. Expenditures.
Sec. 75. Conformity.
IMPROVEMENTS AND ASSESSMENTS
Sec. 76. Local Improvements.
Sec. 77. Methods of Special Assessment.
Sec. 78. Preliminary Assessment.
Sec. 79. Notices Served.
Sec. 80. Plans of Proposed Improvements.
Sec. 81. Board of Revision of Assessments.
Sec. 82. Claims.
Sec. 83. Final Assessment.
Sec. 84. Damages Assessed.
Sec. 85. Work to be Done.
Sec. 86. Lands Unallotted or Not on Duplicate.
Sec. 87. Interest on Assessment Bonds.
Sec. 88. Limitation on Assessments.
Sec. 89. City's Portion of Cost. (Repealed 11-8-55)
Sec. 90. Replacing Existing Improvements.
Sec. 91. Subsequent Improvements.
Sec. 92. Supplementary Assessments and Rebates.
Sec. 93. Sewer and Water Connections.
Sec. 94. Sidewalks.
Sec. 95. Further Proceedings Unnecessary.
Sec. 96. Assessment Bonds.
Sec. 97. Alterations or Modifications in Contract. (11-4-14)
Sec. 98. Plat of Subdivision.
Sec. 99. Fee Shall Vest in City.
Sec. 100. Platting Commissioners. (Repealed 11-8-55)
Sec. 101. Effect of Such Platting. (Repealed 11-8-55)
Sec. 102. Streets and Public Grounds.
Sec. 103. Alteration of Streets.
Sec. 104. Dedication of Streets.
Sec. 105. Vacation or Change of Name.
Sec. 106. Taxation.
APPROPRIATION OF PROPERTY
Sec. 107. Appropriation.
Sec. 108. Declaratory Resolution.
Sec. 109. Notice.
Sec. 110. Further Proceedings.
FRANCHISES
Sec. 111. Grant.
Sec. 112. Renewals.
Sec. 113. Extension Grant.
Sec. 114. No Exclusive Grant.
Sec. 115. Consents.
Sec. 116. Regulations.
GENERAL PROVISIONS
Sec. 117. Official Bonds.
Sec. 118. Continuance of Present Officers.
Sec. 119. Continuance of Regulations.
Sec. 120. Oath of Office.
Sec. 121. Interest in Contract or Supplies.
Sec. 122. Continuance of Contracts.
Sec. 123. Amendments. (5-7-74)
Sec. 124. When Charter Takes Effect.
Sec. 125. Gender; Singular and Plural. (11-6-07)
PRELIMINARY PROCEEDINGS
On the 3rd of September, 1912, the people of Ohio adopted the following provisions of the State Constitution, being Sections 7, 8 and 9 of Article XVIII, authorizing cities to adopt the charter method for their government:
Section 7. Any municipality may frame and adopt or amend a charter for its government and may, subject to the provisions of Section 3 of this article, exercise thereunder all powers of local self-government.
Section 8. The legislative authority of any city or village may by a two-thirds vote of its members, and upon petition of ten per centum of the electors shall forthwith, provide by ordinance for the submission to the electors of the question, "Shall a commission be chosen to frame a charter." The ordinance providing for the submission of such question shall require that it be submitted to the electors at the next regular municipal election if one shall occur not less than sixty nor more than one hundred and twenty days after its passage; otherwise it shall provide for the submission of the question at a special election to be called and held within the time aforesaid. The ballot containing such question shall bear no party designation, and provision shall be made thereon for the election from the municipality at large of fifteen electors who shall constitute a commission to frame a charter; provided that a majority of the electors voting on such question shall have voted in the affirmative. Any charter so framed shall be submitted to the electors of the municipality at an election to be held at a time fixed by the charter commission and within one year from the date of its election, provision for which shall be made by the legislative authority of the municipality in so far as not prescribed by general law. Not less than thirty days prior to such election the clerk of the municipality shall mail a copy of the proposed charter to each elector whose name appears upon the poll or registration books of the last regular or general election held therein. If such proposed charter is approved by a majority of the electors voting thereon it shall become the charter of such municipality at the time fixed therein.
Section 9. Amendments to any charter framed and adopted as herein provided may be submitted to the electors of a municipality by a two-thirds vote of the legislative authority thereof, and, upon petitions signed by ten per centum of the electors of the municipality setting forth any such proposed amendment, shall be submitted by such legislative authority. The submission of proposed amendments to the electors shall be governed by the requirements of Section 8 as to the submission of the question of choosing a charter commission, and copies of proposed amendments shall be mailed to the electors as hereinbefore provided for copies of a proposed charter. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of the charter of the Municipality. A copy of said charter or any amendment thereto shall be certified to the Secretary of State within thirty days after adoption by a referendum vote.
On the 7th day of April, 1913, the Council duly passed on ordinance to provide for the submission to the electors of the City of Ashland the question, "Shall a commission be chosen to frame a charter," and for the election of the members of the commission, which ordinance was duly approved by the Mayor April 8th, 1913, which ordinance is as follows.
Be it Ordained by the Council of the City of Ashland, State of Ohio, two-thirds of all members elected thereto concurring;
Section 1. That the question "Shall a commission be chosen to frame a charter," be submitted to a vote of the qualified electors of the said City at the special election to be held on Thursday the 19th day of June, 1913, at the regular place or places of voting in said City, as established by the Board of Deputy State Supervisors and Inspectors of Elections of Ashland County, Ohio, between the hours of five-thirty a.m., and five-thirty p. m.; that said election shall be submitted in the form following, to-wit: "Shall a commission be chosen to frame a charter?" and those who vote in favor of the proposition shall have written on their ballots the word "Yes", and those who vote against the same shall have written or printed on their ballots the word "No."
Section 2. That the ballot upon which the question provided for in Section one hereof, shall be submitted shall bear no party designation; it shall have printed or written thereon the names of all electors who shall have been nominated as provided in Section three hereof. In case a majority of electors voting upon the question "Shall a commission be chosen to frame a charter?"' shall have voted in the affirmative, then and in that event, and not otherwise, the fifteen electors who shall have received the largest number of votes for members of such commission shall be and constitute "a commission to frame a charter."
Section 3. All nominations for members of such commission shall be made by nomination papers signed by petitioners not less in number than one for each fifty persons who voted at the last preceding general Municipal election, and shall be certified and filed in the same manner as is provided by law for the filing and certification of the nomination papers of candidate for municipal offices in cities, not less than thirty days prior to the said 19th day of June, 1913.
Section 4. That the ballots for members of the commission shall be prepared and printed as follows: the whole number of ballots to be printed for the Municipality shall be divided by the number of candidates for members of the commission, and the quotient so obtained shall be the number of ballots in each series of ballots to be printed. The names of candidates shall be arranged in alphabetical order, and the first series of ballots printed. Then the first name shall be placed last and the next series printed, and so shall the process be repeated until each name shall have been first. These ballots shall then be combined in tablets, with no two of the same order together.
Section 5. The ballots shall be so printed as to give each elector a clear opportunity to designate by a cross mark in the blank space enclosed on the left, and before the name of each candidate, his choice of particular candidate. A cross shall be placed at the left of the name of each candidate for whom the elector desires to vote.
Section 6. That the Clerk be and he is hereby directed to certify a copy of this ordinance to the Board of Deputy State Supervisors and Inspectors of Elections of Ashland County, Ohio.
Section 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. (§§ 1, 2, 3, 4, 5, 6, and 7, Vol.2.p.337.)
In pursuance of the foregoing ordinances, at the election held on the 19th day of June, 1913, a commission was elected to frame a charter to be submitted to the electors of the City, which commission duly organized and consisted of the following: J. L. Clerk, President; Fred Edwards, Vice President; J.F. Henderson, Secretary; Chas. L. Clark, P.A. Myers, W.W. Moore, William Smith, Henry Schultz, Geo. R. Freer, J. Allen Miller, T.R. Shinn, Clyde C. Sherick, A.S. Miller, John A. McDowell, and Edgar Koehl.
On May 4th, 1914, the above charter commission filed its report, that it had prepared and proposed a charter for the City.
On May 5th, 1914, the Council of the City of Ashland, duly passed the following ordinance, which on the same day was duly approved by the Mayor of the City, which ordinance is duly recorded in volume 2 at page 436.
An Ordinance to provide for the submission to the electors of the proposed charter for the City of Ashland, Ohio.
Whereas, the commission chosen to frame a Charter for the City of Ashland, did on the 4th day of May, 1914, fix June 18th, 1914, as the time for the submission to the electors of the City of Ashland of the charter so framed by such commission in accordance with the constitution of the State of Ohio; Now, therefore:
Be it Ordained by the Council of the City of Ashland, State of Ohio, two-thirds of all members elected thereto concurring.
Section 1. That the question "Shall the proposed charter be approved?" be submitted to a vote of the qualified electors of the said City of Ashland at a special election to be held on Thursday, the 18th, day of June, 1914, at a regular place, or places, of voting in said City as established by the Board of Deputy State Supervisors and Inspectors of Elections of Ashland County, Ohio, between the hours of five-thirty a.m. and five-thirty p.m. Central Standard Time; that said question shall be submitted in the form following to-wit: "Shall the proposed charter be approved ?" And those who vote in favor of the proposition shall have written or printed on their ballots the word "Yes", and those who vote against the same shall have written or printed on their ballots "No".
Section 2. In case a majority of the electors voting upon the question "Shall the proposed charter be approved?" shall have voted in the affirmative, then and in that event the charter so proposed shall become the Charter of the City of Ashland at the time fixed in such charter.
Section 3. That the Clerk of Council be and he is hereby authorized and directed to certify a copy of this ordinance to the Board of Deputy State Supervisors and Inspectors of Elections of Ashland County, Ohio.
Section 4. This ordinance shall take effect and be in force from and after its passage and legal publication.
At the election held on the 18th, day of June, 1914, in pursuance to the foregoing ordinance, the Charter was adopted by the following vote: Yes, 425; No, 145.
CHARTER
OF THE
CITY OF ASHLAND, OHIO
We, the people of the City of Ashland, in order that we may have the benefits of municipal home rule and exercise all the powers of local self government do frame and adopt this Charter for the government of the aforesaid City of Ashland.
The inhabitants of the City of Ashland, as its limits now are, or hereafter may be, shall be a body politic and corporate by name the City of Ashland, and as such shall have perpetual succession; shall succeed to all the rights and liabilities, shall acquire all benefits and shall assume and pay all bonds, obligations and indebtedness of said City of Ashland; may use a corporate seal; may sue and be sued; may acquire property in fee simple or lesser interest or estate by purchase, gift, devise, appropriation, lease or lease with privilege to purchase, for any Municipal purpose; may purchase options on property for any Municipal purpose; may sell, convey, lease, hold, manage, and control such property; and may make any and all rules and regulations by ordinance or resolution which may be required to carry out fully all the provisions of any conveyance, deed, or will, in relation to any gift or bequest, or the provision of any lease by which it may acquire property; may acquire, construct, own, lease, operate and regulate public utilities; may provide for and maintain public entertainments and amusements; may assess, levy and collect taxes for general and special purposes on all the subjects or objects which the City may lawfully tax; may borrow money on the faith and credit of the City by the issue or sale of bonds, certificates of indebtedness or notes of the City; may appropriate the money of the City for all lawful purposes; may create, provide for, construct, regulate and maintain all things of the nature of public works and improvements; may levy and collect assessments for local improvements; may license vehicles; may license and regulate the business, occupation, profession or trade of all persons, corporations and associations engaged therein, whether local or transient; may define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the City, and all nuisances and causes thereof; may regulate the construction and height of, and the material used in, all buildings, and the maintenance and occupancy thereof; may regulate and control the use, for whatever purpose, of the streets and other public places; may create, establish, abolish and organize offices and fix the
salaries and compensation of all officers and employees; may make and enforce local police, sanitary and other regulations; and may pass such ordinances as may be expedient for maintaining and promoting the peace, good government and welfare of the City, and for the performance of the functions thereof. The City shall have all powers that now are, or hereafter may be granted to municipalities by the constitution or laws of Ohio; and all such powers, whether expressed or implied, shall be exercised and enforced in the manner prescribed by this Charter, or when not prescribed herein, in such manner as shall be provided by ordinance or resolution of the Council.
The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof, the City shall have and may exercise all other powers which, under the constitution and laws of Ohio, it would be competent for this Charter specifically to enumerate.
The Mayor, one Councilman, Director of Law, and Director of Finance and Public Record shall be elected at large, to be voted for by the electors of the entire City. One Councilman shall be elected from each of the four wards, to be nominated by petition of the electors of each respective ward, and to be voted for only by the electors of that ward. Each of such officials shall be elected at a regular municipal election as hereinafter defined, for a term of four years, shall serve until his successor is chosen and qualified, and he shall assume office on the first day of January, at 12:00 noon, following his election; provided, however, that as to the Mayor and the Councilmen elected from each of the Wards Two, Three and Four, the first four-year term shall begin January 1st, 1966, and the term beginning January 1st, 1964, shall be for a period of two years; and, provided, further, that as to the Director of Law, the Director of Finance and Public Record, the Councilman elected at large, and the Councilman elected from Ward One, the first four-year term shall begin January 1st, 1968, and until such time such officers shall be elected for a term of two years, the first such term beginning January 1st, 1964, and the next such term beginning January 1st, 1966. For the purposes of this Charter, regular municipal elections shall be held in odd-numbered years and such elections shall be held on the date in each such year specified by the laws of the State of Ohio for the regular November election.
(Amended November 7, 1989)
THE COUNCIL
The legislative powers of the City, except as limited by this Charter, shall be vested in a Council of five members, elected as is hereinbefore provided. Vacancies in the Council shall be filled by the Council for the unexpired term. The vacancy filled by Council shall be filled by an elector of the ward in which the vacancy occurred.
(Amended November 7, 1989)
All members of the Council shall be resident electors of the City, and each Ward Councilman shall be a resident of the ward which he represents. Any member who ceases to possess any one or more of these qualifications shall forthwith forfeit his office.
(Approved by Voters 5-7-74)
At seven o’clock p.m. on the first Tuesday in January, or, in the case of the first Tuesday being January 1, then on the first Wednesday, following a regular Municipal election, the Council shall meet the usual place for holding such meetings, at which time the newly elected Council shall assume the duties of their office. Thereafter the Council shall meet at such times as may be prescribed by ordinance or resolution.
The Mayor, the President of Council or any three members thereof may call special meetings of the Council upon written notices served personally upon each member or at his usual place of residence, at least six hours previous to time fixed for such meeting. Any such request for special meeting shall state the subjects to be considered at the meeting and no other subject shall be then considered. (Amended November 3, 2009)
The Council shall be the judge of the election and qualification of its members. A majority of all the members elected shall be a quorum to do business but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members of the Council shall be necessary to adopt any ordinance or resolution and on the passage thereof a vote shall be taken by yeas and nays and entered upon the Journal. The Council shall determine its own rules and order of business and shall keep a Journal of its proceedings. All meetings of the Council or committees thereof shall be conducted in accordance with State law regarding meetings of public bodies and any citizen shall have access to the minutes and records thereof at all reasonable times.
(Amended November 7, 2000)
At the first meeting in January, following a regular Municipal election, or as soon thereafter as may be, the Council shall elect one of its members President. The Council President shall preside at the meetings of the Council and perform such duties as presiding officer as may be imposed upon him by the Council, by ordinance or by law. If the President of Council is absent from the City or unable to perform his duties for reasons other than death, resignation or removal of his residence from the City, the remaining Councilmen will elect, from their own body an acting President during such absence.
(Amended November 7, 1989)
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