SECTION 2. DIVISION OF MUNICIPALITY INTO FOUR (4) WARDS; DESIGNATION OF AT-LARGE SEATS.

   Upon the adoption of this Charter by the electors of the Municipality and at least sixty (60) days prior to the filing date of nominating petitions for the terms beginning on January 1, 1960, the present Council shall divide the Municipality into four (4) wards which shall be as nearly equal in population as is possible, each ward to be composed of contiguous and compact territory, bounded by natural boundaries or street lines. In the event Council shall not have fixed the division of wards herein prescribed, the Mayor shall cause such division to be made at least thirty (30) days prior to the filing date herein provided. If and when any particular territory is annexed to the Municipality, the Council shall by ordinance declare it a part of the adjacent ward or wards.

   The Council is hereby given the authority to and shall review at least every ten (10) years commencing January 1, 2005, and make, if necessary, appropriate redivisions of the Municipality into wards which shall be as nearly equal in population as is possible, each ward to be composed of contiguous and compact territory bounded by natural boundaries or street lines. Any changes in ward boundaries must be made and finalized not less than six (6) months prior to the filing deadline with the Board of Elections of Cuyahoga County for candidates for municipal office.

(Amended 11-2-04)

SECTION 3. QUALIFICATIONS.

   Each member of Council shall be a qualified elector of the Municipality. During his term of office he shall continue to be a resident and a qualified elector. He shall not hold any other public office or position over which Council has control within the Municipality other than as a member, officer or trustee of a governmental board or commission, council of governments or publicly supported non-profit institution and except that of Notary Public, or a member of the State Militia, or reserve corps of the United States. He shall not be directly or indirectly interested in the profits or emoluments of any contract, work, or service with or for the Municipality as provided by general law.

(Amended 11-2-04.)

SECTION 4. DUTIES OF COUNCIL.

   (a)    General Duties. All legislative power of the Municipality, except as limited by this Charter, shall be vested in the Council, and in furtherance thereof it shall originate, introduce and pass ordinances and adopt resolutions; fix the salaries of all employees of the Municipality whether elected or appointed; require and fix bond for the faithful discharge of the duties of office by officers and employees; (the premium of any bond required by Council shall be paid by the Municipality); adopt a budget; provide for an annual financial audit by the State or a private concern; authorize the issuance of bonds under State law; and perform such other duties and exercise such other rights, not inconsistent with this Charter, as now or hereafter granted to the legislative authority of any municipality of Ohio.

   (b)    Zoning Ordinances.  Council may, from time to time, enact and amend such zoning ordinances and regulations as it may deem necessary. The method of such enactment and amendment shall be as provided by ordinance of Council and need not be as provided by any State statute regulating or pertaining thereto, it being the intention of this provision of this Charter to require only such method of adoption or amendment and notice thereof as shall afford fair and adequate notice and protection to the rights of the public and of persons affected by such ordinances. In no case shall such notice be for less than seven (7) calendar days.

   (c)    Validation of Actions. All ordinances passed and resolutions adopted by Council shall be signed by the President of Council and presented to the Mayor within five (5) days after their passage by the Council.
(Amended May 3, 1988.)

SECTION 5. ORGANIZATION.

   In January, 1972 and in January each year thereafter, the Council shall meet in the Council Chamber and organize. At such organization meeting, or as soon as practicable thereafter, the Council shall elect one Councilman as President of Council and one Councilman as President Pro Tem of Council; thereupon, the President of Council shall designate and appoint one Councilman as a member of the City Planning Commission.

   The President of Council, the President of Council Pro Tem and the Councilman appointed to the City Planning Commission shall serve in such office for the balance of the year and until a successor shall have been elected or designated, unless he shall cease in the meantime to be a Councilman.
(Amended 11-2-71.)

SECTION 6. PRESIDENT OF COUNCIL.

   (a)    Duties. The President of Council shall be vested with all the rights and perform all duties and functions of any other member of Council, and in addition shall preside at all meetings of Council at which he is present.

   (b)   Acting Mayor. In the absence of the Mayor, the President of Council shall act as Mayor as provided in Article II of this Charter; and in the absence of both the Mayor and the President of Council, the Council President Pro Tem shall act as Mayor as provided in Article II of this Charter.

   (c)   Vacancy in Office. In case of a vacancy, the President shall be elected by Council from among its members and the one so elected shall serve for the unexpired term of such President.
(Amended 11-2-04)

SECTION 7. REMOVAL.

   The Council shall be the judge of the election and qualifications of its own members. Council may, by a two-thirds (2/3) vote of all the other members of Council, expel or remove any member for gross misconduct, malfeasance, nonfeasance, misfeasance in or disqualification for office; for violation of his oath of office; for the conviction while in office of a felony; for the persistent failure to abide by the rules of Council; or for absence without justifiable excuse from three consecutive regular meetings. Prior to any such action by Council, the accused member shall be notified in writing of the charge against him at least ten (10) days in advance of any hearing upon such charge, and he and his counsel shall be given an opportunity to be heard, present evidence and examine any witness appearing in support of such charge.

(Amended 11-2-04)

SECTION 8. VACANCIES.

   Vacancies in Council shall be filled for the unexpired term by an appointment made by a majority vote of all remaining members of Council. Such appointment shall be made within thirty (30) days after the next regular meeting following receipt of official notification by Council of such vacancy. If Council fails to fill the vacancy within said thirty (30) day period the Mayor shall make the appointment.

   A Councilman appointed to office to fill an unexpired term by either the Council or the Mayor shall for the purposes of this Charter be deemed to be elected to Council.
(Amended 11-2- 71.)

SECTION 9. CLERK AND OTHER EMPLOYEES.

   Council may by ordinance provide for the appointment by its members of a Clerk of its own body, fix the terms and conditions of office of such Clerk and the compensation and qualifications therefor. Council may employ any other employees it may deem necessary for the proper discharge of its duties. Any person employed by the Council may also be an appointed official or an employee of the Municipality. Any person employed by the Council shall serve at the pleasure of the Council.
(Amended 11- 7-72.)