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All members of Council shall have been electors of the Municipality for at least one (1) continuous year immediately prior to the time of filing as candidates, and shall continue to be qualified electors of the Municipality during their respective terms of office. No member of Council shall hold any other office or employment with the Municipality, except as otherwise allowed by this Charter or by ordinance of the Council, nor shall any member of Council hold any other public office, except the following: notary public; member of the National Guard or State militia; member of the reserves of the armed forces of the United States; national, State, ward or precinct committeeman of a political party or any other office of a political party; and delegate to a municipal, county, state or national convention of a political party.
Any member of Council who shall cease to possess or who violates any of the qualifications of office herein provided or who is finally convicted of a felony involving moral turpitude shall forthwith forfeit his office. Forfeiture of office as provided herein shall not render void or shall not invalidate any action of the Council in which such member participated.
Any Councilman may, after absence from his official duties for three (3) consecutive months, be removed by a majority vote of the remaining members of the Council; and any Councilman shall, after absence from his official duties for five (5) consecutive months, be removed by a majority vote of the remaining members of Council and his office declared vacant. An accused member shall be notified of the charge against him and given an opportunity to be heard in person or by counsel.
The Council shall be the judge of the election, qualifications, and removal of its members and for such purpose shall have powers to subpoena witnesses and require the production of records, but the decision of the Council in any case shall be subject to review by the courts.
A member of Council shall not vote upon the question of his removal. Failure to maintain qualifications or removal from office shall not render void or shall not invalidate any action of the Council in which such member participated.
On or before the eighth (8th) day of January next, following each regular Municipal election, the members of Council shall meet at the Council Chambers for the purpose of organization. At such meeting the Council shall elect one (1) of its members thereof as President of Council to serve until his successor shall have been elected. In the event the President of Council ceases to be a member thereof or succeeds to the office of Mayor, the Council shall elect another member to serve as President until another President of Council is elected in the manner hereinbefore provided.
(Amended Nov. 6, 2001)
The Clerk of Council shall be appointed by the Manager with the approval of the Council and shall serve at its pleasure. 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, provided 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 non-availability 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.
The Clerk of Council may be a person having other office, employment or appointment with the Municipality. The Council may employ such other persons and consultants as it deems necessary for the proper discharge of its duties.
All legislative powers 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:
(a) The power to levy taxes and incur debts subject to the limitations imposed thereon by this Charter and the Constitution of the State of Ohio.
(b) The power to adopt and to provide for the enforcement of local public safety, public services, and other similar regulations as are not in conflict with general laws.
(c) The power to 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) The power to 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) The power to 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) The power to 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 herein above 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) The power to 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) The power to establish, by ordinance, the rate of charges made to consumers of all Municipal utilities and services.
(i) The power to 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) 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 operations 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.
(k) The power to 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, lease with option to purchase, or grant interests in real property shall be vested 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.
(l) The power to adopt the annual budget and appropriation measures of the Municipality.
(m) The power to 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.
(n) The power to accept gifts and grants to and on behalf of the Municipality.
(o) The power to 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 by-laws of the Council, and in the absence of such provisions, the Mayor or President of Council shall have the power to issue subpoenas for witnesses and the production of records and other evidence.
(p) The power to 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.
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