The electors shall have the power to propose any ordinance or resolution except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject same at the polls, such power being known as the initiative. An initiated ordinance or resolution shall be submitted to Council by a petition signed by at least ten percent (10%) of the electors voting at the last regular municipal election. When so submitted, the Clerk of the Council shall determine the sufficiency of the petition and if found sufficient the Council shall take final action, either enacting, amending, or rejecting the proposed ordinance, within forty (40) days after submission of the petition. If Council fails to pass such proposed ordinance or resolution or passes it in some form different from that set forth in the petition therefor, the petitioners through the committee named on such petition may by the next regular meeting of Council request in writing that it be submitted to a vote of the electors. Thereupon, Council shall provide for submitting the petitioned ordinance or resolution to the electors at the next general or regular municipal election occurring more than ninety (90) days after the filing of such petition, but if such petition is signed by at least twenty percent (20%) of such electors, the date of the election may be fixed therein, which may be a special election to be held at any time more than ninety (90) days after the filing of such petition.
Within thirty (30) days after the enactment by Council, of any ordinance or resolution except one which is not subject under this Charter or the laws of the State of Ohio to a referendum, a petition signed by no less than ten percent (10%) of the total electors voting at the last regular municipal election, may be filed with the Council requesting the ordinance or resolution be repealed, or submitted to a vote of the electors. When said petition is filed the Clerk of the Council shall first ascertain the sufficiency of the petition, and, if found sufficient, the Council shall thereupon, within thirty (30) days of the filing of such petition reconsider such ordinance or resolution. If Council fails to repeal said ordinance or resolution within thirty (30) days the Council shall submit it to a vote of the electors at the next general or regular municipal election, occurring more than ninety (90) days after the filing of such petition, but if such petition is signed by at least twenty percent (20%) of such electors, the date of the election may be fixed therein, which may be a special election to be held at any time more than ninety (90) days after the filing of such petition.
Electors shall have the power to remove from office by recall election, any elected officer of the Municipality. After an elected officer has served six months of his or her term, a petition demanding his or her recall and removal, may be filed with the Clerk of Council. Such petition for all elected officers, except a ward council member, shall be signed by at least twenty-five percent (25%) of the total electors voting at the last preceding regular municipal election. For a ward council member, such petition shall be signed by at least twenty-five percent (25%) of the total electors voting in that ward at the last preceding regular municipal election. If the Clerk shall find the petition sufficient the clerk shall promptly so certify to the Council, shall deliver a copy of such certificate to the officer whose removal is sought and make a record of such delivery. If such officer shall not resign within five (5) days after the day on which such delivery shall have been made, the Council shall fix a day for holding a recall election not less than thirty (30) days, nor more than forty-five (45) days from the date of delivery. The form of the ballot used shall be: “Shall be retained in his/her office as ?”. If a majority of the votes cast by the electors eligible to vote for that office shall be voted affirmatively, such officer shall remain in office. If a majority of the votes cast by the electors eligible to vote for that office shall be voted negatively, such officer shall be considered as removed, his or her office shall be deemed vacant and such vacancy shall be filled as provided in this Charter. The officer removed by such recall election shall not be eligible for appointment to the vacancy created thereby.
(Amended 11-2-04)
(Amended 11-2-04)
An initiative, referendum or recall petition may be circulated in separate parts, but the separate parts shall be bound together and filed as one instrument. Each part shall contain in the case of the initiative or referendum a full and correct copy of the title and text of the proposed or referred ordinance or resolution, and in the case of the recall, the name and office of the person whose removal is sought and a statement in not more than 200 words of the grounds for the removal. The manner of signing, the method of circulating, the form and requirements as to the affidavit, and the other requirements of the general law regulating initiative and referendum petitions, shall apply in the case in initiative, referendum and recall in this Municipality, except as otherwise provided in this Charter.
Upon the filing with the City of a petition or an application for zoning or rezoning of land to shopping center use with all documentation required by City ordinances for the review and establishment of a shopping center district, the legislation providing for the zoning or rezoning shall be introduced before the Council. Such legislation, application and accompanying documentation shall be referred to the Planning Commission for review of the proposed development in accordance with the provisions of the Planning and Zoning Code adopted by the Council for the establishment of a shopping center district. The Planning Commission shall prepare and submit its report and recommendation to the Council. After receipt of such report and recommendation, the Council shall submit the legislation to the electors at the next election or at a special election established by the Council, provided that the applicant agrees to assume the payment of all costs of the election and notices to the public thereof as required by Council, and secures such payments in a manner satisfactory to the Director of Finance. The Council shall certify such legislation to the Board of Elections within the time period required by law for the submission of the issue at the election. The Council shall provide by ordinance for reasonable notice to be given the electors of the issues to be considered at the election and the date, time and location of the election. No such legislation shall become effective unless approved by a majority of the votes cast on the issue and the results of that election have been certified by the Board of Elections.
(Amended May 8, 1990.)
(Amended May 8, 1990.)
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