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Toledo Municipal Code
TOLEDO MUNICIPAL CODE
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PREAMBLE
CHAPTER I. HOW AND WHEN CHARTER TAKES EFFECT-CONSTRUCTION.
CHAPTER II. POWERS OF THE CITY
CHAPTER III. NOMINATIONS AND ELECTIONS.
CHAPTER IV. LEGISLATIVE POWERS AND DUTIES.
Section 26. The Council.
Section 27. Division of City into wards.
Section 27A. Apportionment Board.
Section 28. General Qualifications for Mayor and Council.
Section 29. Interest of Mayor and Members of Council in City contracts.
Section 30. Council member shall not interfere with Administration.
Section 31. Salary and Attendance of Council Members.
Section 32. Meetings of Council.
Section 32A. President of Council.
Section 33. Officers and employees.
Section 34. Duties of Clerk.
Section 35. Rules.
Section 36. Qualifications-quorum.
Section 37. Action by ordinance or resolution - yeas and nays.
Section 38. Proposed measures to be in writing or printed.
Section 39. Reading and passage-suspension of requirement.
Section 40. Votes necessary to pass legislation.
Section 41. When Measures Take Effect.
Section 42. Amended ordinances.
Section 43. Emergency measures - passage.
Section 43A. Mayor's Veto Power.
Section 43B. Power of Council to Override.
Section 43C. Mayor's Right in Council.
Section 44. Expense of special elections.
Section 45. Mayor's Budget Estimate.
Section 46. Appropriation Ordinance - Hearings.
Section 47. Reversion of unexpended balances.
Section 48. Appropriations not to be Diverted.
Section 49. Use of current revenue.
Section 50. Transfer of funds.
Section 51. Public ways and places.
Section 52. Vacating Streets and Changing Street Names.
Section 53. Compensation of officers and employees - fees.
Section 54. Official bonds.
Section 54A. Negotiable bonds.
Section 55. Maximum hours of work.
Section 56. Presiding officer to sign.
Section 57. Filing and publication of ordinances.
Section 58. Investigations by Council.
Section 59. Power to compel witnesses to testify.
Section 60. Audits by certified accountants.
CHAPTER V. EXECUTIVE POWERS AND DUTIES.
CHAPTER VI. INITIATIVE, REFERENDUM AND RECALL
CHAPTER VII. ADMINISTRATIVE DEPARTMENTS AND DIVISIONS.
CHAPTER VIII. THE CIVIL SERVICE COMMISSION
CHAPTER X. COMMISSIONERS OF THE SINKING FUND AND OF THE CITY PLAN COMMISSION
CHAPTER XI. ASSESSMENTS AND IMPROVEMENTS
CHAPTER XII. FRANCHISES
CHAPTER XIII. CONTRACTS
CHAPTER XIV. SUBDIVISIONS AND DEDICATIONS
CHAPTER XV REGIONAL WATER COMMISSION
CHAPTER XVI KEEP THE JAIL IN DOWNTOWN TOLEDO
CHAPTER XVII LAKE ERIE BILL OF RIGHTS
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
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Section 39. Reading and passage-suspension of requirement.
   Each ordinance or resolution of a general, or permanent nature, or one granting a franchise, or creating a right, or involving the expenditure of money or the levying of a tax, or for the purchase, lease, sale or transfer of property, shall be introduced and read one time only, which reading shall be by title only unless a member of the Council shall request that it be read in full, and such ordinance or resolution shall be passed, which passage may be without further reading, not earlier than the next succeeding regular or special meeting of the Council provided that such prohibition may be suspended by a three-fourths vote of the members of the Council taken by "yeas" and "nays" and entered on the journal of the Council, in which event such passage may occur at the meeting at which the ordinance or resolution is introduced and read.
(Amended by electors 11-3-81)
Section 40. Votes necessary to pass legislation.
   No ordinance or resolution shall be passed unless a majority of all the members of the Council concur therein; provided, however, that any ordinance or resolution which is an emergency measure shall require a separate affirmative vote of two-thirds of all the members of the Council upon the inclusion in the ordinance or resolution of the emergency section.
(Amended by electors 11-3-81)
Section 41. When Measures Take Effect.
   Emergency measures shall take effect from and after their passage in accordance with Sections 43A and 43B of this Charter. All other ordinances and resolutions shall be in effect from and after thirty (30) days from either the approval of the Mayor pursuant to Section 43A or final action of Council pursuant to Section 43B in the event of a veto by the Mayor; provided, however, that if referendum on any measure is demanded, the same shall not take effect until after approval by the people.
(Amended by electors 11-3-92)
Section 42. Amended ordinances.
   No ordinance or resolution or section thereof shall be revised or amended, unless the new ordinance or resolution contain the entire measure or section revised or amended, and the original ordinance, resolution, section or sections so amended shall be repealed.
Section 43. Emergency measures - passage.
   No ordinance or resolution shall be passed as an emergency measure unless a statement of the fact and nature requiring such ordinance or resolution to go into immediate effect shall be set forth in a separate section of the ordinance or resolution. The determination of the Council that the fact and nature set forth in such section requires the ordinance or resolution to go into immediate effect shall be conclusive. In the event that the inclusion of an emergency section in an ordinance or resolution receives the two-thirds affirmative vote required by Section 40, then such ordinance or resolution shall be an emergency measure and take effect immediately even though it receives on the vote on passage of such ordinance or resolution only an affirmative vote of a majority of the members of Council. No measure making a grant, renewal, or extension of a franchise, or of a special privilege, or regulating rates to be charged for service by any public utility, shall ever be declared an emergency measure.
(Amended by electors 11-3-81)
Section 43A. Mayor's Veto Power.
   Any ordinance or resolution passed by the Council shall be signed by the President of Council or other presiding officer and attested to by the Clerk of Council, who shall, unless otherwise provided herein, present it forthwith to the Mayor. If the Mayor approves such ordinance or resolution, the Mayor shall sign it and return it to the Clerk within ten (10) days after its passage or adoption by the Council; but if the Mayor does not approve it, the Mayor shall within said ten (10) days return it, as vetoed, together with the Mayor's objections, to the Clerk of the Council, who shall transmit the same to the Council at the next regular meeting thereof, which objections the Council shall cause to be entered in full on its Journal. The Mayor may approve or veto the whole or any item or part of an ordinance or resolution; provided, however, that the Clerk shall not present to the Mayor and the Mayor may not veto the whole or any item or part of any measure which has been duly initiated by the electors or is subject to mandatory referendum under either Section 5 or Chapter VI of this Charter. If the Mayor does not sign or return an ordinance or resolution as approved or vetoed within said ten (10) days after its passage or adoption, it shall take effect in the same manner as if the Mayor had approved and signed it on the tenth day.
(Added by electors 11-3-92)
Section 43B. Power of Council to Override.
   When the Mayor exercises the veto power as to any ordinance or resolution, or part thereof, and returns it to the Council with the Mayor's objections, the Council shall, at the next regular meeting, proceed to reconsider it, and if upon reconsideration, the resolution or ordinance, or part, or item thereof disapproved by the Mayor be approved by a three-fourths (3/4) vote of all members of the Council, it shall then take effect without the signature of the Mayor. In all such cases the votes shall be taken by yeas and nays and entered on the Journal.
(Added by electors 11-3-92)
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