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All members of the Council shall have been residents of the City for at least one continuous year immediately prior to the time of their election, shall be qualified electors of the City, and shall continue to be qualified electors thereof throughout their respective terms of office. In addition to the qualifications provided hereinabove, members of Council elected from wards shall have been residents of the ward from which they seek election for at least one continuous year immediately prior to the time of their election and shall continue to be qualified electors thereof throughout their respective terms of office. Members of Council shall hold no other elective or appointive office, position or employment with the City, nor shall they hold any other elective public office, except that of member of the county central committee of the political party of which they are members or that of a delegate to a state or national political party convention of the political party of which they are members.
Any member of Council who shall cease to possess or who violates any of the qualifications of office herein provided; who is finally convicted of a felony involving moral turpitude; or who fails to attend three consecutive regular meetings of the Council, unless such absence is excused by a majority vote of the members present at such meetings or a subsequent meeting of the Council, shall be subject to the forfeiture of his office in the manner provided by Sec. 21.08 of this Charter, A member of Council shall not vote upon the question of whether his absence from a regular meeting shall be excused.
As used in this Charter, the phrase "members of Council" and the words "Council" and"member", when the word "member" is used in reference to the Council, shall include all persons whether elected to office as a member of Council or appointed thereto to fill a vacancy in the Council membership.
The seven wards, and the territory in each such ward, under the statutory form of government as they are constituted on the effective date of this Charter shall be the wards for the purpose of electing ward Council members under this Charter; however additional wards may be created and ward boundaries may be re-established as hereinafter provided by this section.
When any territory is annexed or otherwise attached to the City, which territory contains the same or a greater number of registered voters than is contained in any existing ward, that territory shall constitute an additional ward and a member of Council from said ward shall be elected at a special election within the new ward so created not sooner than thirty days nor later than sixty days after the annexation or other attachment of such territory to the City becomes final. The member of Council elected from such newly created ward need only be an elector of the ward in order to qualify for the term of office for which he is elected at such special election, and such member shall hold office until his successor is elected at the next regular municipal election. Candidates at such special election shall be nominated by petitions containing not less than one hundred signatures of electors residing in such newly created ward, and such nominating petitions shall be filed with the Board of Elections of the county within which the City is located or within which the major portion of the population thereof, ascertained by the next preceding Federal census, is located, if the City is situated in more than one county, not later than 4:00 p.m. of the 30th day before the day of such special election. The person receiving the greatest number of votes cast at such special election shall be elected and shall take office five days after his election is certified by the Board of Elections. After the initial special election, members of Council from such newly created wards shall have the qualifications of ward Council members as provided in Sec. 3.02 of this Charter and shall be elected in the manner provided in Article XVIII of this Charter.
When any territory is annexed or otherwise attached to the City, which territory contains fewer registered voters than is contained in any existing contiguous ward or wards, the Council shall cause such territory to be attached to an existing contiguous ward or wards.
After each recurring Federal census and within three months after the issuance of the proclamation by the Secretary of State of the population of the City, the Council shall by ordinance, redivide the City into wards, not exceeding the number provided herein, in order to provide substantially equal population in each of the wards. All wards so established shall be bounded, as far as practical, by county lines, streets, alleys, avenues, public grounds, canals, watercourses, municipal boundary lines, center lines of platted streets or railroads, or lot lines of platted subdivisions. Redivision of the City into wards by the Council shall not terminate or otherwise affect the unexpired terms of ward Council members; however at the next regular municipal election at which ward Council members are to be elected following the redivision of the City into wards, providing such redivision is in full force and effect at least thirty days prior to the date for filing declarations of candidacy by ward Council members, ward Council members shall be elected from the wards as re-established under this section.
On the first Monday of December of each odd-numbered year, the Council shall meet in the Council chambers for the purpose of organization. The Council shall adopt its own rules, regulations and by-laws except as otherwise provided in this Charter.
(Amended 11-3-81)
(Editor’s Note: Because of the 2006 amendment to Charter Section 23.01 (Terms of Elected Officials), the first sentence of Section 3.04 should be deemed to mean that at the first meeting of Council in each even numbered year, the Council shall meet in the Council chambers for the purpose of organization. See Section 23.01)
On the first Monday of December of each odd-numbered year, the Council shall elect from its own members a President of Council, who shall serve at the pleasure of Council and until a successor is elected by Council. The President of Council shall preside at all regular and special meetings of the Council and shall perform such other duties as provided by this Charter or by ordinance, resolution or motion passed by the Council. While presiding over special or regular meetings of the Council, the President of Council may vote upon all matters coming before the Council, but in no event shall the President of Council, in his dual capacity as Council member and presiding officer, cast more than one vote on any action.
(Amended 11-3-81)
(Editor’s Note: Because of the 2006 amendment to Charter Section 23.01 (Terms of Elected Officials), the first sentence of Section 3.05 should be deemed to mean that at the first meeting of Council in each even numbered year, the Council shall elect from its own members a President of Council, who shall serve at the pleasure of Council and until a successor is elected by Council. See Section 23.01)
On the first Monday of December of each odd-numbered year, the Council shall elect from its own members a President Pro Tem, who shall serve at the pleasure of Council. The President Pro Tem shall act as the presiding officer of the Council in the absence or disability of the President of Council and shall exercise all the powers and duties granted the President of Council by this Charter during the absence or disability of the President of Council. While presiding over special or regular meetings of the Council the President Pro Tem may vote upon all matters coming before the Council, but in no event shall the President Pro Tem, in his dual capacity as Council member and presiding officer of Council, cast more than one vote on any action. In the event that the office of President of Council shall become vacant the President Pro Tem of Council shall become President of Council for the remainder of the term, and the Council shall elect a successor from among the membership of Council to the office of President Pro Tem for the remainder of that term.
(Amended 11-3-81)
(Editor’s Note: Because of the 2006 amendment to Charter Section 23.01 (Terms of Elected Officials), the first sentence of Section 3.06 should be deemed to mean that at the first meeting of Council in each even numbered year, the Council shall elect from its own members a President Pro Tem, who shall serve at the pleasure of Council. See Section 23.01)
The Clerk of Council shall be appointed by the Council and shall serve at its pleasure. The Clerk of Council shall keep an accurate and complete journal of the proceedings of Council and perform such other duties as this Charter or the Council may require. The Clerk of Council may be a person having employment or appointment with the City. The Council may employ such other employees as it deems necessary for the proper discharge of its duties. The Clerk of Council shall give such notice of regular meetings of the Council to the members of Council and the citizens of the City as the Council may direct.
All legislative power of the City 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.
b. The power to adopt and to provide for the enforcement of local police, sanitary 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 City 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 officers and employees in the various offices, departments, divisions, bureaus, boards, and commissions of the City and to fix the rate of their compensation, hours of work, and to provide such other 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 City. The premium for said bonds shall be paid by the City.
f. The power by ordinance to create other offices, departments, divisions, bureaus, boards, and commissions, and to combine, change and abolish any office, department, division, bureau, board, or commission other than the offices of Mayor, City Finance Director, Clerk of Council, Council members, Civil Service Commissioner, City Law Director, Administrative Legal Counsel, and Safety Service Director.
g. The Council shall have 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 City; to regulate the subdivision and platting of land outside of the boundaries of the City 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, as defined by ordinance, within the City; to adopt and to provide for the enforcement of housing codes or ordinances, regulating the use and occupancy of any building or structure, as defined by said codes or ordinances, within the City.
h. The Council shall have the power to establish, by ordinances, the rates of charges made of consumers of all municipal utilities and services.
i. The Council may provide, without competitive bidding, for an annual or special independent audit of any or all City 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 City. It may prescribe in the ordinance the kind and quality of service or product to be furnished, the rate or rates to be charged therefore, and any other terms conducive to the public interest; provided that such grant of permission shall not extend beyond twenty-five 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 such reconstruction, relocation or discontinuance of appliances, plant or equipment used in such street 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, devise, bequest, or in trust. The power to sell or otherwise convey, lease 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 City.
l. To exercise all other powers granted to the Council by this Charter and by the Constitution and laws of the State of Ohio.
m. The Council shall have the power to enter into binding arbitration as a means of resolving employment contracts between the City and any officers or employees of the City.
(Amended 11-3-81; 5-8-01; 11-6-12)
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