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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)
The fiscal year of the City shall begin on the first day of January. On or before the fifteenth day of November in each year the Mayor shall prepare an estimate of the expense of conducting the affairs of the City for the following year and shall submit the estimate to Council no later than February 1 of the following year. This estimate shall be compiled from detailed information obtained from the various departments on uniform blanks prepared by the Director of Finance, and shall set forth:
(a) An itemized estimate of the expense of conducting each department.
(b) Comparisons of the estimates with the corresponding items of expenditure for the last two complete fiscal years and with the expenditures of the current fiscal year plus an estimate of expenditures necessary to complete the current fiscal year.
(c) Reasons for proposed increases or decreases in the items of expenditure compared with the current fiscal year.
(d) A separate schedule for each department showing the things necessary for the department to do during the year and which of any desirable things it ought to do if possible.
(e) Items of payroll increases as either additional pay to present employees, or pay for more employees.
(f) A statement from the Director of Finance of the total probable income of the City from taxes for the period covered by the Mayor’s estimate.
(g) An itemization of all anticipated revenue from sources other than the tax levy.
(h) The amounts required for interest on the City’s debt, for sinking funds and for maturing serial bonds.
(i) The total amount of outstanding City debt with a schedule of maturities of bond issues.
(j) Any other information that may be required by the Council.
The Mayor shall submit the estimate prepared as set forth in this section to the Council and shall make it available electronically on a City website and electronically or in print to citizens who may call for it. Copies of the estimate shall also be made available in print or electronically to the newspapers of the City, and to the public library and each of its branches.
(Effective November 5, 2019)
Upon receipt of the Mayor's estimate the Council shall at once prepare an appropriation ordinance, in the manner as may be provided by ordinance or resolution, using the Mayor's estimate as a basis. Provisions shall be made for public hearings upon the appropriation ordinance before a committee of the Council or before the entire Council sitting as a committee of the whole. Following the public hearings and before the third reading and final passage, the appropriation ordinance shall be published in the City Record with a separate schedule setting forth the items asked for in the Mayor's estimate which were refused or changed by the Council, and the reasons for the change or refusal. The Council shall not pass the appropriation ordinance until seven (7) days after its publication nor before the first Monday in January. Upon passage of the appropriation ordinance by the Council it shall be published in the manner provided for other ordinances.
(Effective November 5, 2019)
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