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The Municipality of Mason, under this Charter, is hereby declared to be the legal successor of the Village of Mason, under the laws of the State of Ohio, and as such it has title to all property, real and personal, owned by its predecessor, including all monies on deposit and all taxes in process of collection together with all accounts receivable and rights of action. The Municipality is liable for all outstanding orders, contracts and debts of its predecessor, and for any other obligations for which it may be held liable, as such successor, by any court of competent jurisdiction. All contracts entered into by the Municipality or for its benefit prior to December 1, 1969, shall continue in full force and effect.
The adoption of this Charter shall not affect any pre-existing rights of the Municipality, nor any right or liability or pending suit or prosecution, either on behalf of or against the Municipality or any officer thereof, nor any officer thereof, nor any franchise granted by the Municipality, nor pending proceedings for the authorization of public improvements or the levy of assessments therefor. Except as a contrary intent appears herein, all acts of the Council of the Municipality, including ordinances and resolutions in effect at the date this Charter becomes effective, shall continue in effect until lawfully amended or repealed.
No action or proceeding pending against the Municipality or an officer thereof shall be abated or affected by the adoption of this Charter, but all such actions or proceedings shall be prosecuted or defended under the laws in effect at the time of the filing thereof.
In addition to the causes contained in Section 3.02 of this Charter, the Council may remove any member of Council for gross misconduct, malfeasance, misfeasance, or nonfeasance in office, judicial declaration of incompetency, willful violation of this Charter or persistent and willful failure to abide by the rules of the Council; provided that such removal shall not take place without the affirmative vote of at least five of the remaining members of Council, nor until the accused member shall have been notified in writing of the charge against him and given an opportunity to be heard in person or by legal counsel. The Council and the accused member shall have the power to subpoena witnesses and the production of evidence. The Clerk of Council shall have the power to issue subpoenas for witnesses and the production of evidence on behalf of the Council or the accused member, and shall have the power to administer oaths. An accused member of Council shall not vote on the question of his removal.
The Council may remove members of any board or commission established by this Charter or by ordinance, for gross misconduct, malfeasance, misfeasance, or nonfeasance in office, final conviction of a felony involving moral turpitude, judicial declaration of incompetency, persistent and willful failure to abide by the rules adopted by the board or commission of which he is a member, or willful violation of this Charter; provided that such removal shall not take place without the affirmative vote of five of the members of Council, nor until the accused official shall have been notified in writing of the charge against him and given an opportunity to be heard in person or by legal counsel. The Council and the accused official shall have the power to issue subpoenas for witnesses and the production of evidence on behalf of the Council or the accused official, and shall have the power to administer oaths.
Upon the required vote to remove a member of Council, or any member of Council or any member of a board or commission as provided by this section of this Charter, such member shall forfeit his office and such office shall become vacant and shall be filled in the manner provided by this Charter. Any person removed from office under this section of this Charter shall not be eligible to become a candidate for or hold any elective office or to serve as a member of a board or commission of the Municipality for a period of five years after his removal.
Notwithstanding the foregoing, the recall provisions of Section 705.92 of the Ohio Revised Code, shall apply to all elected officials holding office under this Charter.
(Amended May 8, 1973)
A determination that any article, section, or part of any article or section, of this Charter is invalid shall not invalidate or impair the force or effect of any other part thereof, except to the extent that such other part is wholly dependent for its operation upon the part declared invalid.
The laws of the State of Ohio relating to conflicts of interest and interests in contracts or expenditures on behalf of the Municipality by officials and employees of municipalities shall be applicable to officers and employees of the Municipality of Mason under this Charter.
The total number of apartment units as the same are defined in the Zoning Ordinance of the City of Mason, shall not exceed 20% of the number of single family dwellings in the City at any time. Condominiums, where each unit is individually owned, shall be deemed as single family dwellings. (Added May 8, 1973)
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