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(a) The electors of this Municipality shall have the power to approve or reject at the polls any ordinance, resolution, or other action passed or adopted by the Council, whether legislative or administrative in nature, except as hereinafter provided.
(1) Within 40 days after the final passage by Council or approval by the Mayor, whichever is later, of an ordinance, resolution or other action, whether styled an emergency or not, a petition, signed by at least that number of electors which equals 10% of the electors voting at the last preceding general Municipal election, may be filed with the Clerk of Council, requesting that such ordinance, resolution or other action, whether legislative or administrative in nature, be either repealed or submitted to a vote of the electors. If said petition is signed by that number of electors which equals 20% or more of such electors, the date of the election may be fixed therein, which shall be not less than 90 days from the time of filing thereof. When said petition is filed, the Clerk shall first ascertain the sufficiency of the petition and, if found sufficient, the Council shall thereupon, within 30 days of the filing of such petition, reconsider such ordinance, resolution or other action. If, upon such reconsideration, the ordinance, resolution or other action is not repealed, the Council shall submit it to a vote of the electors on the date fixed in the petition or, if no date be so fixed, at the first general election in any year occurring more than 90 days after the filing of such petition. No such ordinance, resolution or other action shall go into effect until approved by a majority of those voting thereon.
(2) Ordinances and resolutions providing for a tax levy or for improvements petitioned for by the owners of a majority of the front footage of the property benefited and to be specially assessed therefor, and appropriation ordinances and resolutions, limited to the subject of appropriations, shall not be subject to referendum. Further, whenever the Council is required to pass more than one ordinance, resolution or other action to complete the financing and assessment of the cost of any public improvement previously finally approved, only the first resolution, ordinance or other action relating to said financing and assessment shall be subject to referendum, and any subsequent resolution, ordinance or other action relating to the financing and assessment of the cost of said public improvement, as previously finally approved, shall not be subject to referendum.
(3) If, when submitted to a vote of the electors, an emergency ordinance, resolution or other action be not approved by a majority of those voting thereon, it shall be considered repealed as regards any action, future or past, and any prior action shall be considered void and a nullity, except that such ordinance, resolution or other action shall be deemed sufficient authority for payment, in accordance with the ordinance, resolution or other action, of any costs or expenses actually incurred previous to the referendum vote thereon, but not for any “in futuro” costs or expenses allegedly incurred or obligated with respect thereto.
(4) Any Ordinance adopted to certify an initiative to the Board of Elections to be considered by the electors shall not be subject to referendum.
(b) The reasons for, necessity for, facts supporting the reasons for and/or necessity for, and/or the bonafides of any emergency ordinance, resolution or other action of Council shall be subject to judicial review.
(c) Each contract, consent agreement, compact or other means by which the City of Solon cooperates with, is or becomes a member of, or contributes to the operation, in any way, of any other governmental unit, agency or association, including a regional government or agency or group of government units, shall be terminable by the people at any time by a referendum as provided in Article IX, Section 1 , and no “in futuro” obligations with respect thereto shall thereafter be binding upon the City or its citizens, if said referendum passes, except as to their proper share of debts already lawfully incurred and as the referendum petitions provide for the City of Solon or citizens thereof to pay its or their share of in futuro maintenance and operating costs of any particular improvement which has been built and is used, in part at least, by said City or one or more of its citizens or to continue to participate as to specified activities.
(Approved by voters 11-8-1977)
(d) Ordinances and other measures may be proposed by initiative petition and adopted by election, in the manner now or hereafter provided by the Constitution or the laws of Ohio, except that ordinances proposed by initiative petition to amend the zoning code and/or the zoning map of the City shall be subject to the procedures, process, review certification to the Board of Elections and other requirements contained in Article XIV of this Charter, and only in the event that this Charter is silent on a matter, or there is no conflict with this Charter, in accordance with the laws of Ohio. It is hereby declared that in the event of a conflict between the Charter and the Ohio Revised Code, and as permitted by the home rule powers granted to municipalities, and the Ohio Revised Code and in particular Ohio Revised Code Section 731.41, the manner, means, method, consideration and placement on the ballot of initiatives shall be governed by this Charter.
(Approved by voters 5-3-1988; 11-5-2019)
(e) This section shall be severable and if any subsection, paragraph, part, word or application thereof is held invalid for any reason, such holding shall not invalidate or affect the force and effect of any other subsection, paragraph, part, word or application thereof.
(Approved by voters 11-8-1977; 11-5-2019)