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All ordinances and resolutions shall be in effect from and after thirty (30) days from the date of their passage by the Council except as otherwise provided in this Charter. The Council may by a two-thirds vote of the members elected to the Council, pass emergency measures to take effect at the time indicated in the emergency measure. An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health, or safety, or providing for the usual daily operation of a Municipal department, in which the emergency is set forth and defined in a preamble. Ordinances appropriating money may be passed as emergency measures, but no measure making a grant, renewal or extension of a franchise or other special privilege, or regulating the rate to be charged for its services by any public utility, shall ever be so passed.
(Effective November 4, 2008)
Any ordinance or resolution passed by the Council shall be signed by the President or other presiding officer and presented forthwith to the Mayor by the Clerk. If the Mayor approves such ordinance or resolution he shall sign it within ten (10) days after its passage or adoption by the Council but if he does not approve it, he shall return it to the Council with his objections within said ten (10) days, or if the Council be not then in session, at the next regular meeting thereof, which objections the Council shall cause to be entered in full on its Journal. If the Mayor does not sign or veto an ordinance or resolution after its passage or adoption, within the time specified, it shall take effect in the same manner as if he had signed it. The Mayor may approve or disapprove the whole or any item or part of any ordinance or resolution appropriating money. When the Mayor refuses to sign an ordinance or resolution or part thereof and returns it to the Council with his objections, the Council shall, after the expiration of not less than one week, proceed to reconsider it and, if upon reconsideration, the resolution or ordinance or part or item thereof disapproved by the Mayor be approved by the vote of two-thirds of all the members elected to the Council it shall take effect without the signature of the Mayor. In all such cases the votes shall be taken by “yeas” and “nays” and entered on the Journal.
(Effective November 9, 1931)
The tax rate which may be levied without a vote of the people for the current operating expenses of the City, including therein the levies for police and fire pensions, is hereby limited to eight and thirty-five hundredths (8.35) mills per dollar of assessed value upon property listed and assessed for taxation according to value upon the duplicate of property in the City of Cleveland; provided that said limitations may be exceeded for current operating expenses in each of the years 1968, 1969, and 1970, by not more than five and eight-tenths (5.8) mills. This limitation shall apply only to taxes levied against property so listed and assessed.
(Effective November 21, 1967)
Without prejudice to the use of other funds from taxes or other sources available for such purposes the Council may levy in any year not to exceed two-tenths (2/10ths) of a mill outside of the total levy limited by Section 37-1 but within the ten mill limitation, for the purpose only of specific public improvements and equipment having an estimated useful life of five years or longer including but not limited to those for police and fire, City hospital, recreational, and garbage and waste collection purposes. No such levy shall be made unless it includes a levy for the purpose of the equipment of the police and fire forces of the City in an amount not less than one-half of the total of such levy.
(Effective March 29, 1940)
The Council shall annually levy a sufficient sum to pay the interest, Sinking Fund and retirement charges on all bonds and notes of the City of Cleveland lawfully issued, and the expenses incident to the management of the Sinking Fund, which entire levy shall be outside of limitations provided in this Charter, but subject to limitations imposed by general law, and placed before and in preference to all other levies. Amounts certified under the laws of the State as necessary for such purpose shall not be subject to change by Council.
(Effective March 29, 1940)
The Council may at any time subsequent to May 15th and prior to September 15th in any year, declare by resolution, adopted by a vote of two-thirds of all the members elected thereto, that the amount of taxes which may be raised within the limitation of Sections 37-1 and 37-2 of this Charter will be insufficient to provide an adequate amount for the necessary requirements of the City for current operating expenses, and other expenses payable from the General Fund of the City, and such permanent improvements and equipment as shall have an estimated useful life of five years or more and that it is necessary to levy taxes in excess of such limitations, in addition to the levies authorized and limited by Sections 37-1, 37-2, and 37-3 of this Charter, for any Municipal purpose or purposes specified in such resolution. Such resolution shall specify the additional sum which it is necessary to levy, the purpose or purposes thereof, and the additional rate estimated to be required therefor and the percentages of votes to be required. Such resolution shall be effective upon its adoption and shall be certified within five (5) days thereafter to the election authorities, who shall place such question upon the ballot at the next succeeding November election. If a majority of those voting thereon, unless a higher percentage be prescribed by Council, vote for the approval of such additional levy the Council shall immediately make such levy or such part thereof as it finds necessary pursuant to such approval and certify the same to the County Auditor to be placed on the tax list and collected as other taxes, but no such levy shall be made for more than one year.
The authority of the Council to submit additional levies to a vote of the people under authority of the constitution or laws of this State shall not be deemed impaired or abridged by reason of any provision in this Charter contained.
(Effective March 29, 1940)
If any provision of Sections 37-1, 37-2, 37-3 and 37-4 of this Charter shall be held unconstitutional or invalid or unenforceable, such unconstitutional, invalid or unenforceable provision shall be considered severable from the remainder of said section, although contained in sections containing other provisions and shall be excluded from this Charter; and the fact that said provision shall be held to be unconstitutional, invalid or unenforceable shall in nowise affect any other provision of this Charter, although contained in the same section. It is hereby declared that all of Sections 37-1, 37-2, 37-3 and 37-4 of this Charter, or parts of sections, are independent sections and parts of sections, and that the remaining sections and parts of sections, and each provision thereof, would have been adopted by the electors notwithstanding the unconstitutionality, invalidity or unenforceability of any other portion thereof.
(Effective November 7, 1989)
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