Skip to code content (skip section selection)
Compare to:
Toledo Overview
Toledo Municipal Code
CHAPTER I.
HOW AND WHEN CHARTER TAKES EFFECT-CONSTRUCTION.
Section 1. When the Charter shall take effect.
   For the purpose of nominating and electing officers and all purposes connected therewith, and for the purpose of exercising such preliminary legislative powers by the City Council as are herein provided, this Charter shall take effect on the first day of January, 1915. For the purpose of establishing departments, divisions, and offices, and distributing the functions thereof, and for all other purposes, it shall take effect on the first day of January, 1916. The Council during the year 1915 may pass any ordinance, to be operative on and after January 1, 1916, designed to carry out the provisions of this Charter. Such ordinance shall be in accordance with the statutes, respecting passage and publication.
Section 2. Continuance of legislation.
   Ordinances and resolutions, and parts thereof, in force January 1, 1916, and not inconsistent with the provisions of this Charter shall continue in force until amended or repealed.
Section 3. Continuance of present officers and employers.
   All persons holding office at the time this Charter goes into effect shall continue in office and in the performance of their duties until provision shall have been otherwise made in accordance with this Charter for the performance or discontinuance of the duties of any such office. When such provision shall have been made the term of any such officer shall expire and the office be deemed abolished. The powers and duties which are conferred and imposed upon any officer, commission, board or department of the City under the laws of the State shall, if such office or department is abolished by this Charter, be thereafter exercised and discharged by the officer, board or department upon whom are imposed corresponding functions, powers and duties under this Charter.
Section 4. Continuance of existing contracts.
   All contracts entered into by the City for its own benefit prior to the taking effect of this Charter shall continue in full force and effect. All public work begun prior to the taking effect of this Charter shall be continued and perfected hereunder. Public improvements for which legislative steps shall have been taken under laws in force at the time this Charter takes effect may be carried to completion in accordance with the provisions of such legislation.
Section 5. Amending Charter.
Any amendment to this Charter may be submitted to the electors of the City for adoption by resolution of the Council, two-thirds of the members thereof concurring, and shall be submitted when a petition is filed with the Clerk of the Council setting forth the proposed amendment and signed by not less than ten percent of the electors. In either case, the proposed amendment shall be voted upon at the next regular municipal election if one shall occur not less than sixty, nor more than one hundred and twenty days after the passage of a resolution therefor by the Council. Otherwise, a special election shall be called and held within the time aforesaid for the consideration of such proposedamendment. It shall be the duty of the Clerk to notify the election authorities of the adoption by the Council of a resolution for submission of a proposed amendment, or of his or her determination that a sufficient petition for submission has been filed with him or her; and the Clerk shall request the election authorities to provide for an election as aforesaid. The full text of the proposed Charter amendment shall be published once a week for not less than two consecutive weeks in a newspaper published in the municipal corporation, with the first publication being at least fifteen days prior to the election at which the amendment is to be submitted to the electors. If no newspaper is published in the municipal corporation, then such publication shall be made in a newspaper of general circulation within the municipal corporation.
(Amended by electors 11-7-00)
Section 6. Definitions.
   Unless the context compels a different meaning, the word "officer" where found in this Charter shall be understood to mean one appointed or elected to the service of the City not as mere laborer and not in the classified civil service.
   The word "employee," one who serves the City in the classified civil service;
   The word "laborer," an ordinary unskilled laborer in the service of the City;
   The word "Clerk," the Clerk of the Council, or City Clerk;
   The words "election authorities," the officers designated by statute to conduct elections;
   The word "electors," residents of the City qualified to vote to fill all elective offices;
   The words "City Journal," The Toledo City Journal;
   The word "measure" used in connection with legislation, an ordinance or resolution of the Council, or amendment to this Charter, as the case may be;
   The word "statute," the general law of Ohio.
   In stating the number of votes necessary to pass a measure, the words "members of the Council," means the full membership of the Council, including vacancies, if any.
(Amended by electors 11-6-56)
Section 7. Provisions general.
   Unless a special application, only, is manifest from the language or context, every provision of this Charter shall be deemed applicable to any condition or situation to which a provision of its tenor and effect is seen to be pertinent.