All legislative power 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 debt 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 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 officers and employees in the various departments, divisions, boards, and commissions of the Municipality 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 Municipality. The premium for said bonds shall be paid by the Municipality.
(f) The power by ordinance to create other offices, departments, divisions, boards and commissions, and to combine, change and abolish any office, department, division, board or commission other than the offices of Mayor, Auditor, Clerk of Council, Council members, Civil Service Commissioner, and Solicitor. The same person may serve as both the Clerk of Council and Auditor. The departments of Law and Finance, and the Civil Service Commission shall not be abolished or combined with any other department, division, board or commission.
(g) The power to provide for a central purchasing system to contract for all materials, supplies, services, work, and any other purchases by the Municipality, which shall be under the supervision and control of the Mayor, who shall be the contracting officer of the Municipality and who shall award and execute all contracts on behalf of the Municipality, except as otherwise provided by this Charter.
(1) The Council shall establish procedures for competitive bidding of contracts, including a threshold amount for requiring competitive bidding, notice provisions, and such other procedures as it deems appropriate. At the Council's discretion, such procedures may contain a prohibition against awarding a contract in excess of a specified percentage of an engineer's or other design professional's estimate of cost or opinion of probable cost. When any contract for the construction of a public improvement or the purchase of equipment, supplies, or materials is estimated to exceed the competitive bidding threshold established by the Council, the contract shall be competitively bid unless exempted under section 3.08(g)(2) or section 3.08(g)(3). The Council shall award a contract to the lowest and best bidder, provided that Council may reject any and all bids in whole or by items.
(2) Compensation of persons and employees; contracts with persons, firms or corporations for services requiring specialized skill, knowledge, or training; and expenditures required because of a real and present emergency arising in connection with the purchase, construction, maintenance, operation or repair of municipal buildings, equipment, and facilities, and municipal services, when authorized by ordinance adopted by a two-thirds vote of all members elected to the Council, need not be advertised and notices need not be published as provided by this Charter. By ordinance adopted by a two-thirds vote of all members elected to the Council, the Council may waive bidding and advertising as required by this Charter if the Council determines that an item or service is only available from a single source or provider, or that funding could be lost due to time constraints, or that a waiver of the competitive bidding requirement is in the best interest of the Municipality.
(3) The Council may authorize, by a majority vote of the Council and without bidding and advertising as required by this Charter, the following: the acquisition or lease of real property; the purchase of used supplies, materials and equipment; the discharge of non-contractual claims against the Municipality; the sharing of costs of construction, operation, maintenance and repair of facilities for joint use by the Municipality and the State or political subdivisions of the State or their agencies; the purchase of materials, supplies or equipment from the State or political subdivisions of the State or their agencies; or the purchase of products or services of public utilities.
(4) Modifications and changes to contracts awarded under competitive bidding and in excess of an amount equal to thirty percent (30%) of the amount authorized by this Charter as the amount under which competitive bidding need not be undertaken, shall first be authorized by ordinance, but need not be advertised or let after competitive bidding.
(5) No contract or order made by the contracting officer of the Municipality shall be effective until the Auditor or his duly authorized representative, shall certify, and attach such certificate to said contract or order, that the amount required to meet the contract or order has been lawfully appropriated for such purpose and is in the treasury or in process of collection to the credit of an appropriate fund free from previous encumbrances. Every contract or order made without such a certificate shall be void and no warrant shall be issued in payment thereof, unless the Council shall, by motion passed by a majority vote of the members thereof, authorized payment thereof. The Auditor shall not arbitrarily withhold such certificate.
(Amended 11-3-70; 11-5-02; 11-8-22.)
(h) 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 Municipality, and, as provided by general law, may regulate the subdivision and platting of land outside of the boundaries of the Municipality; 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 Municipality; 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 Municipality.
(i) The Council shall have the power to establish, by ordinance, the rates of charges made of consumers of all municipal utilities and services.
(j) The Council shall, at the earliest practicable time, enact an ordinance to control, prevent, and abate air pollution within the Municipality.
(k) To exercise all other powers granted to the Council by this Charter, and by the Constitution and laws of the State of Ohio.