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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 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)
Section 43C. Mayor's Right in Council.
   The Mayor and such other officers of the City as may be designated by the Council, shall be entitled to seats in the Council. Neither the Mayor nor any of said officers shall have a vote in the Council, but the Mayor shall have the right to introduce ordinances, resolutions, and other matters and to take part in the discussion of all matters coming before the Council and provided further that the Mayor may cast a vote on any matter in which there shall be a tie, which tie- breaking vote must be cast either at the Council meeting at which the tie vote occurred or at the next regularly scheduled meeting of Council.
(Added by electors 11-3-92)
Section 44. Expense of special elections.
   When a special election is required, the Council as an emergency measure shall appropriate the money necessary to provide the expense thereof, to be disbursed in the manner provided for other elections.
Section 45. Mayor's Budget Estimate.
   The fiscal year of the City shall begin on the first day of January. On or before the fifteenth day of November of each year, the Mayor shall prepare a balanced budget estimate of the expense of conducting the affairs of the City for the following fiscal year. The estimate shall be compiled from detailed information obtained from the various departments on uniform blanks prepared by the Director of Finance, and shall set forth:
   (a)    An itemized estimate of the expense of conducting each department.
   (b)    Comparisons of such estimates with the corresponding items of expenditure for the last two complete fiscal years, and with the expenses of the current fiscal year, plus an estimate of expenditures necessary to complete the current fiscal year.
   (c)    Reasons for proposed increases or decreases in such items of expenditures compared with the current fiscal year.
   (d)    A separate schedule of each department showing the things necessary for the department to do during the ensuing year, and things desirable to do if funds permit.
   (e)    Items of payroll increases as either additional pay to present employees or pay for more employees.
   (f)    An estimate of the anticipated income of the City from taxation and other sources to meet current expenses for the fiscal year.
   (g)    A statement of the amounts to be appropriated: For interest on the City debt. For paying off any serial bonds maturing during the year. For the aggregate for the year of the installments required to be appropriated annually during the life of all other bonds of the City in order to pay off such bonds at maturity.
   (h)    The total amount of outstanding gross and net debt of the City, classified as to limits on such indebtedness, with a schedule of maturities of outstanding general bonds classified to show those for which debt service levies are made inside and outside the limits on the tax rate.
   (i)    Such other information as may be required by Council.
   The total items of current expense in the budget and appropriation ordinance shall not exceed the amount available for such purpose as provided by law. The Mayor shall submit the estimates thus prepared to the Council and at least five hundred (500) copies thereof shall be printed for distribution to citizens who may call for them and the substance thereof shall be printed in the City Journal. The Mayor shall also publish the estimates in an electronic version for widespread distribution utilizing the World Wide Web or a similarly publicly accessible electronic manner.
(Amended by electors 11-3-92; 11-6-07)
Section 46. Appropriation Ordinance - Hearings.
   Upon receipt of the Mayor's budget estimate, the Council shall at once prepare an appropriation ordinance, using the Mayor's budget estimate as a basis. Provisions shall be made for public hearings upon the appropriation ordinance before a committee of the Council, or before the entire Council sitting as a committee of the whole. Following the public hearings and before final passage, the appropriation ordinance shall be published in the City Journal with a separate schedule setting forth the items asked for in the Mayor's budget estimate which were refused or changed by the Council, and the reasons for such change or refusal. The Council shall not pass the appropriation ordinance until fifteen (15) days after its publication, nor before the first Monday in January. The annual appropriation ordinance and any amendment or supplement thereto shall be in the form prescribed by the Revised Code of Ohio, and the amounts appropriated shall be subject to the limitations therein set forth. Adoption of the annual appropriations measure shall be subject to Sections 43(A) and 43(B) of this Charter.
   Unless the ordinance specifically provides otherwise in any instance, not more than one- half of any appropriation shall be expended before the first day of July in the current year.
(Amended by electors 11-3-92)
Section 47. Reversion of unexpended balances.
   At the end of each year all unexpended balances of appropriations shall revert to the respective funds from which the same were appropriated, and shall then be subject to future appropriation; but appropriations may be made in furtherance of improvements or other objects or work of the City which will not be completed within the current year.
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