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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)
The Council shall hold at least one regular meeting in each calendar month during each year. A majority of the members of Council shall constitute a quorum for the transaction of business at any meeting of the Council but a lesser number may adjourn the meeting from time to time and compel, by a majority vote of the members present, the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The Clerk of Council shall keep a record of the Council's proceedings in a journal or other record as determined by Council in which the vote on any ordinance, resolution or other measure shall be recorded. All meetings of the Council and its committees shall be open to the public, except that executive sessions may be called by Council or its committees in accordance with the provisions set forth in Ohio Revised Code Section 121.22(G), as it may be amended from time to time, and each journal and other records of the Council shall be available for public inspection at all reasonable times. Such meetings shall be held at such times and places as shall be determined by Council. Council and its committees may meet electronically or telephonically during a state or national declared emergency, or during such local emergency as the President of Council, in his or her sole discretion, may determine, and may conduct any business at such electronic or telephonic meeting that it could conduct if such meeting were held in person, provided that such electronic or telephonic meeting is broadcast live to the general public, except for any executive session.
(Amended 11-8-22)
Special meetings of the Council may be called by the Mayor, the President of Council, three members of Council, or by a majority vote of the members of Council taken at a regular or special meeting of the Council. The Clerk of Council, or in his absence, incapacity or refusal to act, the Mayor, shall cause notice in writing of each special meeting to be served personally or to be left at the usual place of residence of each member of the Council and the Mayor not less than twelve hours preceding the time for such special meeting. Such notice shall set forth the time, date, and place of the meeting and a concise statement of the matters to be considered at the meeting. The person making such personal or residence service shall endorse his action on a copy of such notice and return said endorsed copy to the Clerk of Council who shall preserve such copy for at least thirty days after its return. A failure to make a return, a defect in such return, or failure of the Clerk of Council to preserve such return shall not be subject to attack by any person after a period of thirty days subsequent to the service as hereinabove provided, and after such thirty day period the validity of any action taken at a special meeting shall not be affected by such failure to make a return, a defect in the return, or failure to preserve the return. In the event that a special meeting is called by a vote of Council taken at a regular or special meeting from which any members of Council or the Mayor is absent, written notice of such special meeting shall be given each absentee in the manner hereinabove described; however, written notice need not be given to any member of Council or the Mayor who is present at such meeting at which a special meeting is called. Service of notice of any special meeting or any defect in the return of service shall be deemed to have been waived by any member of Council or the Mayor who shall be present at such special meeting. Any action that may be taken at a regular meeting may also be taken at a special meeting. Action taken at a special meeting shall be limited to that contained in the notice calling the special meeting. Special meetings may take place electronically or telephonically during a state or national declared emergency, or during such local emergency as the President of Council, in his or her sole discretion, may determine, and may conduct any business at such electronic or telephonic meeting that it could conduct if such meeting were held in person, provided that such electronic or telephonic meeting is broadcast live to the general public, except for any executive session.
(Amended 11-8-22)
The Council shall establish the compensation of the members of Council, the Mayor, City Law Director, City Finance Director, and all other elected officials of the City; however such compensation shall not be increased or decreased during their respective terms of office.
The compensation of members of all boards and commissions established by or under the Charter shall not be increased or decreased during the term of office for which such member was appointed, provided, however, that the compensation of any such member may be decreased during such term upon the written consent of such member, which consent shall be filed with the Clerk of Council.
The compensation of all other officers and employees of the City may be increased or decreased at any time by action of the Council.
The Council may at any time establish allowances for travel and expenses of any elected or appointed official, employee, or member of any board or commission. Such travel and expense allowances may be increased, decreased or abolished at any time. The establishment, increase, decrease, or abolition of such travel and expense allowances by the Council at any time, whether or not such action is effective during the term of office of an officer, shall not be an increase or decrease in compensation which is prohibited.
(Amended 5-8-01; 11-6-12)
A vacancy shall be deemed to occur in the Council upon the written resignation of a member of Council, the death of a member of Council, the removal of a member of Council as provided in Sec. 21.08 of this Charter, or the recall of a member of Council as provided in Sec. 19.04 of this Charter. In the case of a written resignation of a member of Council, such resignation shall be effective upon adjournment of the next regular meeting of Council following the date that the written resignation is submitted to the Clerk of Council by the resigning member. Any vacancy in the Council shall be filled by a majority vote of the remaining members of the Council of the same political party as the member whose term is vacated, except that if the member whose term is vacated did not have any political party affiliation as evidenced by whether or not he voted in a party primary during the year of his election to Council, or if there are no other members of Council of the same political party as the member whose term is vacated, the vacancy shall be filled by a majority vote of all remaining members of Council without regard to political party affiliation of the remaining members. If the vacancy is not filled within forty-five days after it shall have occurred, the power of Council to fill the vacancy shall lapse and the Mayor shall fill it by appointment, immediately following the expiration of said forty-five days. Any appointee under this Section shall qualify under the provisions of this Charter and shall hold office and serve for the unexpired term, and shall be a member of the same political party as the member whose term is vacated, except that if the member whose term is vacated did not have any political party affiliation, as evidenced by whether or not he voted in the most recent party primary, the vacancy shall be filled by an individual who has no political party affiliation.
(Amended 5-2-23)