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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 this Municipality. It may prescribe in the ordinance the kind and quality of service or product to be furnished, the rate or rates to be charged therefor and any other terms conducive to the public interest. Such grant may be amended or renewed in the manner and subject to the provisions established by this Charter for original grants. Such grant, amendment or renewal shall be for such period of time as the Council may determine, but it shall not be perpetual or exclusive.
No consent of the owner 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 the Council, be necessary in the public interest.
(b) PENSION AND RELIEF FUNDS.
The Council may provide by ordinance for the establishment and maintenance of police and fire relief and retirement funds and of other pension, relief and retirement funds as the same may be required by the general laws of the State of Ohio.
No Councilmember, Mayor, Director of Finance or any other officer, employee or appointee to any board or commission of the Municipality shall directly or indirectly be financially interested in any contract, job, work or service with or for the Municipality, nor in the profits or emoluments thereof, nor in the expenditure of any money on the part of the Municipality other than in his or her fixed compensation and expenses; and any contract with the Municipality in which any officer or employee is or becomes financially interested may be declared void by the Council. Such interest shall disqualify any such officer or employee from holding office in addition to the other penalties provided by law. (11-4-97)
The Council or any committee thereof or any board appointed by the Council for such purposes shall have the power at any time to consider the affairs of any department or the conduct of any officer or employee to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the President of Council or chairman of the committee or board making the investigation and shall be served by any officer authorized by law to serve such process. The authority making such investigation shall also have power to consider the testimony to be given under oath which shall be administered by some officer authorized by general law to administer oaths; and shall also have the power to punish as for contempt according to law any person refusing to testify to any fact within his knowledge, or to produce any books or papers under his control relating to the matter under investigation.
The Council may by vote of at least two-thirds (2/3) of its members, submit to the electors of the Municipality amendments to this Charter, or upon petitions signed by ten percent (10%) of the registered electors of this Municipality setting forth any proposed amendment, such proposed amendment shall be so submitted by the Council. The submission of any proposed amendment shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor the Council shall determine the manner for such submission. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of this Charter, except that if two or more inconsistent amendments on the same subject are submitted at the same election, only the one of such amendments receiving the largest affirmative vote, not less than a majority, shall become a part of this Charter.
(f) CHARTER REVIEW COMMISSION.
Commencing with the first Council meeting in November, 2002, and every four (4) years thereafter, a Charter Review Commission of nine (9) members and the Law Director shall be appointed in the following manner. The Mayor shall appoint five (5) members to the Charter Review Commission and Council, by majority vote, shall appoint four (4) members to the Charter review Commission. Each member appointed by the Mayor or Council shall have been a resident and qualified elector of the municipality for at least three (3) continuous years immediately prior to his/her appointment, and shall continue to be a resident throughout his/her term of office. No elected official or employee of the municipality shall be eligible to serve on the Charter Review Commission. Each Charter Review Commission shall cease to function after the last day on which issues are required to be certified to the Board of Elections for placement on the ballot for election at the next general election following appointment.
Within seven (7) days of the appointment of the Charter Review Commission, the Director of Legislative Services shall notify each member appointed to the Commission that the Commission shall schedule its first meeting within thirty (30) days after the appointment thereof. At the initial meeting the Commission shall elect one of its members as Chairperson. Any vacancy on the Commission shall be filled by appointment by the Mayor or Council, whomever made the original appointment to the seat declared vacant. A member so appointed to serve in the position where a vacancy was created shall serve as though originally appointed to such position. Members of the Commission shall serve without compensation unless otherwise provided by an ordinance duly adopted by Council. At the initial meeting, the Commission shall, by majority vote, approve rules of organization and procedure.
The Council shall provide funds for the Commission as reasonably necessary. All proposed amendments revisions and alterations to this Charter, approved by a majority vote of any Charter Review Commission, shall be submitted to the Council on or before June 1st of the year following appointment of the Charter Review Commission which shall submit the same without alteration, to the electors for their approval or rejection on a separate ballot at the next general election in November following the appointment of the members of the Charter Review Commission.
If a majority of electors voting on the issues shall approve such amendment, revision or alteration, the same shall become a part of this Charter. When more than one amendment, revision or alteration to this Charter shall be submitted to the electors at the same time, they shall be so submitted as to enable the electors to vote on each amendment, revision or alterations separately. The effective date to this section shall be immediately upon certification by the appropriate board of elections.
(g) DELETION OF OBSOLETE LANGUAGE, REARRANGEMENT OF NUMBERS AND TITLES, AND CORRECTION OF TYPOGRAPHICAL ERRORS.
City Council, in consultation with the Director of Law, may by Ordinance do any of the following:
(1) Delete any Charter language that has become obsolete as a result of either the passage of time, an amendment to the Charter, or the preemption of State or Federal law;
(2) Prior to reprinting the Charter upon any adoption by the electorate of any amendment hereto, make such changes to the numbers, titles and arrangement of articles and sections as may be necessary to maintain the logical and consistent ordering of the Charter; and
(3) Correct typographical errors appearing in the Charter.
No such deletion of obsolete language, or rearrangement of numbers and titles, and correction of typographical errors may be made which affects the substance or meaning of this Charter or any part thereof or amendment thereto.