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The Clerk of Council shall be appointed by the Manager with the approval of the Council and shall serve at the pleasure of Council. The Clerk of Council shall attend all meetings of the Council and shall keep an accurate and complete journal of the proceedings of Council and perform such other duties as this Charter, the laws of Ohio, or the Council may require. In addition, the Clerk of Council shall maintain, or cause to be maintained, a complete file of all official blueprints, maps and other records at the municipal hall, or other designated place. The failure to maintain such blueprints, maps and other records shall not invalidate or otherwise affect any action taken by the Council or any other officer, employee, agent or independent contractor of the Municipality. All such blueprints, maps or other records shall be available for public inspection at all reasonable times, provided that the unavailability of such blueprints, maps or other records shall not invalidate or otherwise affect any action taken by the Council or any other officer, employee, agent or independent contractor of the Municipality, nor shall the unavailability of such records limit or impair the rights of any citizen of the Municipality.
The Clerk of Council may be a person having other office, employment or appointment with the Municipality.
All legislative power of the Municipality shall be vested in the Council, except as otherwise provided by this Charter and the Constitution of the State of Ohio. Without limitation of the foregoing, the Council shall have and possess the following powers to:
(a) Levy taxes and incur debts subject to the limitations imposed thereon by this Charter and the Constitution of the State of Ohio.
(b) Adopt and to provide for the enforcement of local police, sanitary and other similar regulations as are not in conflict with general laws.
(c) Provide for the exercise of all powers of local self-government granted to the Municipality by the Constitution of the State of Ohio in a manner not inconsistent with this Charter or the Constitution of the State of Ohio.
(d) Fix the number of employees in the various offices, departments, divisions, bureaus, boards, and commissions of the Municipality and to fix the rate of their compensation, hours of work, mandatory retirement ages and to provide such fringe benefits as deemed proper by the Council.
(e) Require such bonds as in the opinion of the Council are necessary for the faithful discharge of the duties of the officers and employees of the Municipality. The premium for said bonds shall be paid by the Municipality.
(f) Create other offices, departments, divisions, bureaus, boards, and commissions; and the power to combine, change and abolish any office, department, division, bureau, board, or commission. The power hereinabove expressed in this subsection shall be exercised by ordinance. The Council shall not abolish the offices of Manager, Mayor, Clerk of Council, Council members, Civil Service Commission members and Municipal Attorney, The Manager may hold such other offices and positions with the Municipality as provided by this Charter or as the Council may authorize by a vote of a majority of its members. The Council may authorize the Finance Director to hold the position of Clerk of Council by a vote of a majority of its members.
(g) Adopt and provide for the enforcement of zoning classifications, districts, uses and regulations by ordinance; to adopt and provide for the enforcement of ordinances regulating the subdivision and platting of land within the Municipality; to regulate the subdivision and platting of land outside of the boundaries of the Municipality as provided by general law; to adopt and provide for the enforcement of ordinances requiring actual construction or assurance of construction of streets, utility lines and facilities, sidewalks, curbs and gutters and other improvements or facilities as a condition precedent to the approval of a plat of a subdivision; to adopt and provide for the enforcement of ordinances regulating the construction, reconstruction, alteration, enlargement, repair or demolition of buildings and other structures within the Municipality; to adopt and to provide for the enforcement of housing codes or ordinances, regulating the use and occupancy of any land, building or structure within the Municipality.
(h) Establish, by ordinance, the rates of charges made of consumers of all municipal utilities and services.
(i) Provide, without competitive bidding, for an annual or special independent audit of any or all municipal funds. Such audit may be in addition to an audit by representatives of the State Auditor or other state official or agency as may be determined to be required under the Constitution of the State of Ohio.
(j) Acquire title to or interests in real property shall be vested in the Council, whether such property is acquired by: the exercise of the power of eminent domain, purchase, gift, lease, lease with option to purchase, devise, bequest, in trust, or otherwise. The power to sell or otherwise convey, lease with option to purchase, or grant interests in real property shall be vested in the Council. Such sale, conveyance, lease or grant shall be in the manner as provided by the ordinance authorizing the sale, conveyance, lease, or grant. Title to all real property shall be taken in the name of the Municipality.
(k) Adopt the annual budget and appropriation measures of the Municipality.
(l) Appoint the members of all boards and commissions created by the Charter or by enactments of the Council, except as may be otherwise provided in this Charter.
(m) Accept gifts and grants to and on behalf of the Municipality.
(n) Inquire into the conduct of any officer, employee, agent, or independent contractor in the exercise of their powers, duties or functions, or in their performance of work or service or supplying of equipment, materials or supplies to or on the behalf of the Municipality; and to inquire into and investigate any and all municipal affairs. In the exercise of this power the Council shall have the power to subpoena witnesses and require the production of records and other evidence in the manner provided in the rules, regulations or bylaws of the Council, and in the absence of such provisions, the Mayor or President of the Council shall have the power to issue subpoenas for witnesses and the production of records and other evidence.
(o) Exercise all other powers granted to legislative authorities of municipalities by the Constitution and laws of the State of Ohio, and to exercise all other powers granted to the Council by and under this Charter.
(p) Employ such other persons and consultants as it deems necessary for the proper discharge of its duties.
The Council, in addition to all other rights and powers granted to it under the general law, may by ordinance, grant permission to any person, firm, or corporation to construct and operate a public utility on, across, under or above any public street or ground within the Municipality. It may prescribe in the ordinance the kind and quality of service or product to be furnished, the rate or rates to be charged therefor, and any other terms conducive to the public interest, provided that such grant of permission shall not extend beyond twenty-five (25) years; however such grant may be amended or renewed in the manner and subject to the provisions established by this Charter for original grants. No consent of the owners of property abutting on any public street or ground shall be necessary to the effectiveness of any such grant, amendment or renewal. All such grants, amendments or renewals shall be made subject to the continuing right of the Council to provide reasonable regulations for adequacy of service and maintenance and the operation of such utilities with reference to such streets and public grounds, including the right to require reconstruction, relocation or discontinuance of appliances, plant or equipment used in such streets or public grounds as shall, in the opinion of Council, be necessary in the public interest.
The Council shall meet at such times and places as may be prescribed by its ordinances, resolutions, rules or by motion. Regular meetings shall be held at least twice in each calendar month, except that during the months of July and August, the Council may dispense with one of its regular meetings.
In addition to the Council Members, President of Council, the Mayor and the City Manager, the following persons shall attend each city council meeting and report on their area(s) of responsibility at each meeting:
Finance Director
Chief of Police
Zoning Inspector
Public Works Foreman
These reports shall be open to questions by any resident or their representative(s) in attendance. Council may limit any person or their representative to a maximum of 3 minutes on any single question. (Enacted 11-4-14)
Special meetings of the Council may be called in accordance with and as provided for by its rules. In the absence of such provisions, special meetings may be called by motion of the Council taken at any regular or special meeting thereof, or shall be called by the Clerk upon the written request of the Mayor, or the President of Council, or of three (3) members of Council. Any such request shall state the time, place and date thereof and the subject or subjects to be considered at the meeting. Unless four (4) members in attendance concur, no other subject or subjects shall be considered. Notice in writing of each such special meeting called at the request of the Mayor, President of Council, or three (3) members of Council shall be given to each member of the Council and the Mayor by serving the same on each of them personally or by leaving a copy thereof at their usual place of residence not less than twenty-four (24) hours preceding the date and hour of such meeting. Service of such notice may be waived in writing, either prior or subsequent to such meeting, and shall be deemed conclusively to have been waived by any member of Council or the Mayor who is present at such special meeting.
All meetings of Council shall be public, however, Council may recess for the purpose of discussion in a closed Executive Session any matter as provided by Section 121.22 of the O.R.C. or any successor statute. Formal action or a vote of Council shall be taken in a public meeting.
(Amended 11-7-78.)
Prior to any final vote by Council on any ordinance or resolution in regular, special, manager’s, community or emergency meetings, or any other meeting held by Council, the session must be opened for comments by any resident or their representative in attendance. Comments must pertain to the issue on the floor. Council may limit any individual to 3 minutes or a maximum of 30 minutes on any single issue. (Enacted 11-4-14)
A majority of the members of Council shall constitute a quorum for the transaction of business at any meeting of the Council, but a number less than a quorum may adjourn the meeting from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by this Charter, ordinance, resolution or by rules of the Council. At any meeting at which a quorum is present, any action may be taken by the affirmative vote of a majority of the members of the Council present, unless a larger number be required by the provisions of this Charter.
The Council may adopt, amend, and repeal rules, regulations and by-laws by a majority vote of the members thereof without the necessity of complying with the provisions required in this Charter for the adoption of ordinances or resolutions. Such rules may be waived or suspended upon a motion concurred in by a majority vote of the members of Council.
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