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SECTION 90.1.   PAYROLL PERIOD FOR EMPLOYEES; RULES IMPLEMENTING REQUIREMENTS
   EDITOR'S NOTE: The provisions of this section were repealed by the electors on November 3, 2009.
SECTION 91.   PAYROLL
   It shall be unlawful for the City Auditor or other officer to pay any salary or compensation for service to any person holding a position in the classified service unless the person has been appointed or employed in accordance with the civil service provisions of this Charter and of the rules established thereunder. Any sums paid contrary to the provisions of this section may be recovered from any officer paying or authorizing the payment thereof and from sureties on any official bond. (Amended 11-3-09)
SECTION 92.   INVESTIGATIONS; POWERS OF BOARD
   In any investigation conducted by the Board it shall have the power to subpoena and require the attendance of witnesses and the production of books and papers pertinent to the investigation and to administer oaths to such witnesses. (Amended 11-3-09)
SECTION 92.1.   LAYOFFS
   EDITOR'S NOTE: The provisions of this section were repealed by the electors on November 3, 2009.
SECTION 93.   POLITICAL TESTS AND POLITICAL PATRONAGE PROHIBITED IN CLASSIFIED SERVICE PERSONNEL DECISIONS
   Except as may be otherwise required or permitted by Section 94 of this Charter (or Civil Service Rule adopted thereto) or by state or federal law, no person in the classified service and no person seeking admission to the classified service shall be appointed, refused appointment, suspended, reduced, laid off, discharged, promoted, demoted, or in any other way favored or discriminated against because of any political opinion, political affiliation or lack of political affiliation, political activity or lack of political activity, or making or failing to make an assessment, subscription, contribution, or payment to any political party, candidate for public office, campaign committee, ballot issue campaign, or political action committee. (Amended 11-3-09)
SECTION 94.   PROHIBITED POLITICAL ACTIVITY INVOLVING THE CLASSIFIED SERVICE
   As used in this Section, "person" means an individual, corporation, business trust, estate, trust, partnership, association, organization, partner, agent, employee, unincorporated business, unincorporated organization, committee, or group, and includes but is not limited to persons in the classified service, persons in the unclassified service, public employees, public officials, government offices, government departments, government agencies, private citizens, political parties, candidates for public office, ballot issue campaigns, campaign committees, political action committees, and all staff, volunteers, and employees of political parties, candidates for public office, ballot issue campaigns, campaign committees, and political action committees.
   No person shall knowingly violate any state or federal law or any rule adopted by the civil service board and approved by council in accordance with this section and section 90 of this charter which prohibits or regulates political activity on the part of or with respect to persons in the classified service.
   No person shall knowingly solicit or participate or assist with soliciting by any means, whether directly or indirectly, any assessment, subscription, contribution, or payment from any person in the classified service to or for any political party, candidate for public office, ballot issue campaign, campaign committee, or any political action committee; provided, however, that the civil service board may adopt and submit to city council for approval rules which permit persons other than public employees of public officials who hold supervisory or elected positions in the city of lima to solicit or participate or assist with soliciting by means permitted by such rules such assessments, subscriptions, contributions, or payments from persons in the classified service to or for such ballot issues as defined and permitted by such rules.
   In accordance with section 90 of this charter the civil service board shall adopt and submit to city council for approval rules which shall include, but not be limited to, provisions with respect to:
   (A)   members of the classified service soliciting political contributions;
   (B)   members of the classified service becoming candidates for or holding elective office;
   (C)   members of the classified service circulating and signing candidate or ballot issue petitions;
   (D)   members of the classified service being members of or serving as officers of political organizations;
   (E)   members of the classified service expressing political opinions while on duty;
   (F)   members of the classified service displaying campaign buttons or stickers on their clothing or personal items while on duty as public employees.
   The Civil Service Board shall adopt no rule prohibiting members of the classified service from voting as they please; from, when not on duty as a public employee, expressing freely their political opinions; from requesting and voting the primary election ballot of a political party; from serving as a precinct poll worker or election official under the supervision of a county board of elections; from attending political meetings and rallies; from displaying political signs at their residences or other real property; from displaying political bumper stickers on their personal vehicles; from displaying, when not on duty as a public employee, campaign buttons or stickers on their clothing or personal items; or from making a contribution to any political party, candidate for public office, ballot issue campaign, campaign committee, or political action committee. (Amended 11-3-09)
SECTION 95.   SALARIES OF MEMBERS OF BOARD
   The salaries of the members of the Board shall be determined by the Council, and a sufficient sum shall be appropriated each year to carry out the civil service provisions of this Charter. (Amended 11-3-09)
SECTION 96.   PENALTY FOR VIOLATION OF CIVIL SERVICE PROVISIONS
   Any person who knowingly violates any of the civil service provisions of this Charter, or the civil service rules of the Civil Service Board, or fails to comply with a subpoena issued pursuant to Charter Section 92, shall be guilty of a misdemeanor of the 3rd degree, and upon conviction thereof shall be punished therefore as established in the laws of the State of Ohio for a misdemeanor of the 3rd degree. Council may by ordinance establish a procedure for the issuance of any such subpoena, and Council may by ordinance also establish a penalty greater than what is set forth in this section. (Amended 11-3-09)
SECTION 97.   EFFECTIVE DATE; PRESENT CIVIL SERVICE CHARTER PROVISIONS
   If approved by a majority of the voters of the City of Lima at the November 2009 election, these amendments to the Civil Service provisions of the Charter shall take effect on the date of certification of the election results by the Board of Elections, except for the amendments to Section 90, which shall not take effect until such time as Council passes an ordinance approving Civil Service Rules to effectuate the provisions of Section 90. Until then the previously existing Section 90 and Civil Service Board Rules shall be in effect. (Amended 11-3-09)
SECTION 98.   DISCRIMINATION PROHIBITED
   As used in this Section, "person" means an individual, corporation, business trust, estate, trust, partnership, association, organization, partner, agent, employee, private citizen, public employee, public official, government office, government department, government agency, unincorporated business, unincorporated organization, committee, or group.
   No person shall violate any state or federal law prohibiting discrimination on the basis of race, color, religion, sex, military status, national origin, disability, age, ancestry, or other classifications protected by state or federal law.
   Except as may be permitted by law because of a bona-fide requirement involving a physical, medical, skill, knowledge, experience, or education qualification or because of a bonafide policy, rule, law, or court order involving civil rights or veterans preferences or rights, no employee of the City of Lima and no person seeking employment by the City of Lima shall be employed or appointed, refused employment or appointment, suspended, reduced, laid off, discharged, promoted, demoted, or in any other way favored or discriminated against because of such person's race, color, religion, sex, military status, national origin, disability, age, ancestry, sexual orientation, or other classifications protected by state or federal law.
   Except as may be permitted by law because of a bona-fide requirement involving a physical, medical, skill, knowledge, experience, or education qualification or because of a bonafide policy, rule, law, or court order involving civil rights or veterans preferences or rights, no department, office, agency, official, or employee of the City of Lima shall favor or discriminate against any person in any manner in any decision, action, or program of the City of Lima because of such person's race, color, religion, sex, military status, national origin, disability, age, ancestry, sexual orientation, or other classifications protected by state or federal law. (Enacted 11-8-11)
   EDITOR’S NOTE: The provisions of this former section dealing with salaries of members of board were repealed by the electors on November 3, 2009.
SECTION 99.   PENALTY FOR VIOLATION OF CIVIL SERVICE PROVISIONS
   EDITOR'S NOTE: The provisions of this section were repealed by the electors on November 3, 2009.
SECTION 100.   POWER OF REMOVAL AND SUSPENSION; NOTICE, HEARING, ETC.
   EDITOR'S NOTE: The provisions of this section were repealed by the electors on November 3, 2009.
SOCIAL SERVICE
SECTION 101.   ORGANIZATION
   EDITOR'S NOTE: The provisions of this section were repealed by the electors on November 6, 1962.
SECTION 102.   POWERS AND DUTIES OF DIRECTOR
   EDITOR'S NOTE: The provisions of this section were repealed by the electors on November 6, 1962.
PAYMENTS - REPORTS
SECTION 103.   PAYMENT OF CLAIMS
   (A)   No warrant for the payment of any obligation of the city shall be issued by the City Auditor until such obligation shall have been approved by the head of the department for which the indebtedness was incurred and by the Mayor. Such officers and their sureties may be liable to the Municipality for all loss or damages sustained by the City by reason of the wrongful approval of any such obligation against the City.
   (B)   The City Auditor shall have the authority to refuse payment of any obligation of the City if the Auditor determines that the obligation is not in conformity to law or ordinance. For that purpose, the Auditor may summon before him any officer, agent, or employee, of any department of the City, or any other person, for examination upon oath or affirmation relative thereto.
(Amended 5-3-11)
SECTION 104.   CERTIFICATION OF AND MONEY IN THE FUNDS
   (A)   No contract, agreement or other obligation involving the expenditure of money shall be entered into, nor shall any ordinance or resolution be passed, or order for the expenditure of money be issued by the Mayor, or be authorized by any officer of the City, unless the City Auditor shall first certify in writing to the Mayor or to the proper officer, as the case may be, that the money required for such contract, agreement, obligation or expenditure, is in the Treasury, to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose. The City Auditor shall file and record such certificate immediately. The sum so certified shall be considered appropriated until the City is discharged from the contract, agreement or obligation.
   (B)   All moneys actually in the Treasury to the credit of the fund from which they are to be drawn, and all moneys applicable to the payment of the obligation or appropriation involved that are anticipated to come into the Treasury before the maturity of such contract, agreement, or obligation, shall be deemed in the Treasury to the credit of the appropriate fund and shall be subject to such certification. (Amended 5-3-11)
SECTION 105.   MONEY IN THE FUND
   EDITOR'S NOTE: The provisions of this section were repealed by the electors on May 3, 2011.
GRANTS AND FRANCHISES
SECTION 106.   GRANTS, RENEWALS AND EXTENSIONS
   No franchise to occupy any of the streets, alleys or public grounds of the City for the purpose of constructing, maintaining and operating a public utility shall be granted, and no such grant shall be renewed, extended or amended, except by ordinance. Every such proposed grant and every proposed renewal or extension of such grant provided by ordinance passed by the Council shall be subject to the referendum provisions of this Charter. No such proposed grant or proposed renewal or extension of such grant provided by ordinance passed by the Council shall be declared, considered or held to be an emergency measure.
   No grant, or renewal thereof, to construct, maintain and operate a public utility in the streets and public grounds of the City shall be made by the Council to any individual, company or corporation in violation of any of the limitations contained in this Charter or in the laws of the State of Ohio.
SECTION 107.   GRANT NOT TO BE DEEMED EXCLUSIVE
   No grant or franchise to construct, maintain or operate a public utility and no renewal or extension of such grant shall be exclusive. No such grant shall be renewed earlier than two years prior to its expiration unless the Council shall by an affirmative vote of at least two-thirds of its members first declare by ordinance its intention of considering a renewal thereof.
SECTION 108.   LIMITATION OF FRANCHISE
   No grant of franchise and no extension, renewal or amendment thereof shall be valid for a greater period than ten years from the day of such grant, renewal, extension or amendment, provided and except, however, a grant of franchise, extension renewal or amendment thereof shall be valid for a period of twenty-five years for operating street railways from the day of such grant, renewal, extension or amendment and providing such grant, renewal, extension or amendment be passed by an affirmative vote of at least two-thirds of the members of the Council.
SECTION 109.   CONSENT OF PROPERTY OWNERS
   The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but any such property owner shall be entitled to recover from the owner of such public utility the actual amount of damages to such property on account thereof less any benefits received therefrom; provided, suit is commenced within two years after the damage is begun.
SECTION 110.   TERMINATION OF ORIGINAL GRANTS
   Grants made to owners of existing franchises to operate and maintain public utilities in addition to such existing franchises of the same kind, shall be made to expire simultaneously with such existing franchises, and every such extension shall be considered a part of the property of the utility, shall be operated as such and shall be subject to all the provisions of the original grant, including the right of the City to acquire the property of the utility by purchase or lease or by any of the means prescribed by this Charter or by law.
SECTION 111.   PURCHASE OR LEASE BY CITY
   No grant of franchise and no renewal, extension or amendment of such grant shall be valid unless it specifically reserves to the City the right, at intervals to be set forth in the franchise ordinance, to terminate the same by purchase or lease and operations of the property of the utility used in or conveniently useful for the operation of the utility in the streets of the City or elsewhere; nor shall any such grant, renewal or extension be valid which does not either definitely fix and determine the price which shall be paid by the City for the property of the public utility and the terms of payment in the event of purchase or lease by the City, or provide the precise means and methods whereby such purchase or rental price and terms shall be fixed and determined.
SECTION 112.   CONDEMNATION PROCEEDINGS
   Nothing in such ordinance or in this Charter shall prevent the City from acquiring the property of any utility by condemnation proceedings or any other method provided by law; but such methods of acquisition shall be in addition to the power of purchase or lease to be reserved in the grant, renewal or extension.
SECTION 113.   REVISION OF RATES
   All grants of franchises and all renewals of extensions shall provide for a revision of rates at specified intervals, and no such grants, renewals or extensions shall be valid which permit rates to continue for a period of more than five years without being subject to revision.
SECTION 114.   PRICE TO EXCLUDE FRANCHISE VALUE
   No ordinance granting a franchise or granting a renewal or extension thereof shall be valid unless it shall expressly provide therein that the price to be paid by the City for the property that may be acquired by it from such utility by purchase, condemnation or otherwise, shall exclude all value of such grant, extension or renewal, and unless it shall expressly provide therein that the rental price to be paid by the City shall exclude all value of such grant, renewal or extension.
SECTION 115.   GRANTS NOT INCLUDED
   Revocable permits for laying spur tracks across or along streets, alleys or public grounds, to connect a steam or electric railroad with any property in need of switching facilities shall not be regarded as a grant within the meaning of this Charter, but may be permitted in accordance with such terms and conditions as the Council may by ordinance prescribe.
SECTION 116.   FRANCHISE TERMS
   No franchise, grant, renewal, extension or amendment shall be valid which does not reserve to the City the right to prescribe the form and manner in which the records and accounts of the public utility shall be kept; and the right to audit, examine and keep copies of such records and accounts and to require from said utility detailed reports at any time relating to the finances, operation, management and ownership of such utility; provided, however, that the form of accounts which the State Public Utilities Commission may prescribe shall be controlling insofar as they may apply, but the Council may prescribe more detailed forms and exact more comprehensive reports than is required or stipulated by said State Commission; nor shall any such franchise, grant, renewal, extension or amendment be valid which does not reserve to the City the right to establish standards of service, prevent unjust discrimination in service or rates, require adequate extension of plant, equipment and service.
SECTION 117.   REGULATIONS
   The Council shall at all times control the distribution of space in, over, under or across all streets or public grounds occupied by public utility fixtures. All rights granted for the construction and operation of public utilities shall be subject to the continuing right of the Council to require such reconstruction, relocation, change or discontinuance of the appliances used by the utility in the streets, alleys, avenues and highways of the City as shall in the opinion of the Council be necessary in the public interest. The Council may make and enforce any and all other regulations conducive to the safety, convenience and well-being of the public.
SECTION 118.   FORFEITURE
   If any action shall be instituted or prosecuted directly or indirectly by the grantee of any such grant, or by its stockholders or creditors, to set aside or have declared void any of the terms of any such grant, the whole of such grant may be thereupon forfeited and annulled at the option of the Council to be expressed by ordinance. All such grants shall make provision for the declaration of a forfeiture by the Council for the violation by the grantee of any of the terms thereof.
SECTION 119.   STRICT CONSTRUCTION
   All franchises or privileges for the occupation of the streets shall be strictly construed in favor of the City and no franchise or privilege shall be held to have been granted unless specified in clear and unmistakable terms.
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