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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)
After the beginning of the fiscal year, and before the annual appropriation ordinance has been passed, the Council may make appropriations for the current expenses of the City, chargeable to the appropriations of the year when passed, to an amount sufficient to cover the necessary expenses of the various departments, divisions and offices until the annual appropriation ordinance is in force. No other liabilities shall be incurred by any officer or employee of the City, except in accordance with the provisions of the annual appropriation ordinance.
(Effective November 9, 1931)
Upon the written recommendation of the Mayor, the Council may at any time transfer an unencumbered balance of an appropriation made for the use of one department, division or purpose to any other department, division or purpose, but no such transfer of revenues or earnings of any non-tax supported public utility to any other purpose shall be made, except that at the close of the fiscal year transfers may be made of the earnings of the transit system or of any utility hereafter acquired by the City not in excess of the amount which said utility would pay in the form of taxes available for the General Fund and debt service of the City of Cleveland if privately owned and subject to the terms of any indenture of mortgage affecting the transit system or other utility hereafter acquired. Any provision of this Charter notwithstanding, nothing in this Charter shall be construed to prohibit the use, transfer, or expenditure of tax revenues for the operations, improvements or debt service of any City- owned public utility.
(Effective November 6, 1990)
Any accruing revenue of the City, not appropriated as hereinbefore provided, and any balances at any time remaining after the purposes of the appropriation shall have been satisfied or abandoned may from time to time be appropriated by the Council to such uses as will not conflict with any uses for which specifically such revenue accrued.
(Effective November 9, 1931)
No moneys shall be drawn from the treasury of the City, nor shall any obligation for the expenditure of money be incurred, except pursuant to appropriations made by the Council; and whenever an appropriation is so made the Clerk shall forthwith give notice to the Director of Finance. At the end of each year all unexpended balances of appropriations shall revert to the respective funds from which the same were appropriated and shall then be subject to future appropriation; but appropriations may be made in furtherance of improvements or other objects or work of the City which will not be completed within the current year.
(Effective November 9, 1931)
Moneys appropriated as hereinbefore provided shall not be used for other purposes than those designated in the appropriation ordinance without authority from the Council. The Mayor and the Director of Finance shall supervise all departmental expenditures, and shall keep such expenditures within the appropriations.
(Effective November 9, 1931)
The Council may submit to the electors in the manner provided in Section 200 for the submission of proposed amendments to the Charter, the question of the proposed alienation, surrender or release of any rights of the City of Cleveland in or to the territory now covered by the waters of Lake Erie within the territorial limits of the City of Cleveland, or formerly covered thereby but now or hereafter filled. When approved by a majority of the electors voting upon such proposition, the alienation, surrender or release of such rights shall be done by proper instrument executed in the name of the City of Cleveland by the Mayor; provided, however, that, except pursuant to the referendum provisions of this Charter, no such proposition shall be required to be submitted to the vote of the electors in the case of granting of leases or franchises in or to said territory or any part thereof or in the event that such territory or any part thereof is conveyed to, or otherwise made available for use by, a port authority originally created jointly by the City and the County of Cuyahoga under authority of the laws of Ohio.
Any and all proceedings designed to carry into execution the provisions of Ordinance No. 37904-A, approved by the electors on November 2, 1915, and Ordinance No. 47814, adopted by the electors on January 6, 1919, or amendatory of or supplementary to said ordinances are hereby expressly authorized, ratified, approved and confirmed.
(Effective June 3, 1968)
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