115.01 Investigations by committees of Council.
115.02 Duties of Clerk of Council.
115.03 Acceptance of streets and infrastructure improvements in platted territory.
115.04 Anti-discrimination provisions.
115.05 Mandatory yearly ethics training and pledge of ethical conduct.
CROSS REFERENCES
Nominations and elections - see CHTR. Ch. III
Membership; term; vacancy - see CHTR. § 26
Qualifications of Mayor and Councilmen - see CHTR. § 28
Salary; attendance - see CHTR. § 31
Meetings - see CHTR. § 32
Duties of Clerk - See CHTR. § 34
Rules - see CHTR. § 35
Qualifications; quorum - see CHTR. § 36
Investigations of financial transactions - see CHTR. § 58
Notification of public meetings - see ADM. Ch. 107
Additional compensation for Councilmen - see P.R. & M.E. 2133.06
(a) Council or any committee thereof, when duly authorized by appropriate legislation, may secure information upon any matter within its jurisdiction as a legislative body and when authorized by Council may subpoena witnesses and compel the production of books, papers and other evidence necessary for such investigation.
(b) The chairman of a standing or special committee of Council authorized to send for persons and papers, may subpoena witnesses in any part of the City to appear before such committee at a time and place designated in the subpoena, to testify concerning matters of inquiry committed to the committee and may require the production of books, papers and records by such witnesses.
(c) If the subpoena is issued by a committee, it shall be delivered to the Chief of Police or to any officer under his supervision and control. The officer to whom such subpoena is directed or his assistant or deputy shall serve and return it to the chairman issuing it, as subpoenas are issued by the courts of record and served and returned. The subpoena shall be in substantially the same form as that set forth in Ohio R.C. 101.42 for the General Assembly.
(d) Whoever willfully fails to appear in obedience to such subpoena and refuses to answer a question pertinent to the matter of inquiry or declines to produce a paper or record in his possession or control, shall be liable to the penalties for contempt of the authority of Council and shall be dealt with by Council according to parliamentary rules and usages in cases of contempt. Council shall have the power to impose a fine for contempt but in no event to exceed fifty dollars ($50.00). When the contempt consists in the refusal of the witness to be sworn, take an affirmation or to testify to any facts within his knowledge or to produce any papers or books in his possession or under his control relating to the matter under investigation before Council or such committee, the witness may be imprisoned for such contempt in the City Jail until he is sworn or affirmed or testifies or produces such papers or books in accordance with the order or directions of council or any such committee, but in no event shall such imprisonment exceed the term of ten days.
The chairman of the committee before which such person fails to appear or refuses to answer or produce a paper or record on its order, shall report the facts to Council and on like order issue a warrant for the arrest and conveyance of the witness before Council to answer for contempt. The sergeant-at-arms of Council or any police officer of the City to whom such warrant is directed shall forthwith execute it.
(e) The testimony of a witness, examined before a committee, shall not be used as evidence in a criminal proceeding against him, but nothing herein shall prevent the witness from penalties of perjury.
(f) Witnesses shall be paid the same fees and mileage for services and attendance as are allowed by law in the Court of Common Pleas for similar services and attendance. Such fees shall be paid from the City Treasury on the certificate of the chairman of such committee from an available appropriation for such purpose.
(g) Every witness testifying before a committee shall take an oath or affirmation to tell the truth and the chairman of the committee or any member thereof may administer such oath or affirmation to witnesses before such committee.
(h) Whoever, having been served with a subpoena legally issued as provided herein, willfully fails to obey it or being present before the committee and called upon to give testimony, refuses to take an oath or make affirmation, or being sworn or affirmed refuses to answer a question required by such committee to be answered, shall be fined not more than fifty dollars ($50.00).
(1952 Code § 2-1-13)
(a) The Clerk of Council shall keep a journal of the proceedings of Council, which shall be the official record thereof. He shall have custody of all ordinances and resolutions which shall be recorded in a book for such purpose, which book shall be for all purposes a public record.
(b) The Clerk of Council shall record and file all official documents, records, papers and communications received by Council and shall have custody and control thereof.
(c) The Clerk of Council shall see that all ordinances, resolutions, notices and legislation of Council required to be published are promptly and correctly published in the City Journal, required by law and the Charter of the City, and such other newspapers as may be directed by Council, and shall procure and file in his office proof of publication of all notices and ordinances published by order of Council or required by law, pertaining to the affairs of the City.
(d) The Clerk of Council shall make and certify all transcripts that may be required of any record or paper in his office, and shall charge therefor the same fees as other officers for similar services. He shall promptly pay over to the Commissioner of Treasury all such fees collected by him.
(e) The Clerk of Council shall perform the duties of city clerk and clerk of the municipality as that term is used in any ordinance or in any laws of the State and all duties, functions and obligations imposed by reason thereof upon a city clerk of the municipality shall be performed by the Clerk of Council.
(1952 Code § 2-3-6 to 2-3-10)
(a) Council shall not accept as public streets any streets or public ways which are designated as such on the plats of territory in the City which are hereafter platted until or unless all necessary water mains, sanitary sewers, storm sewers, sidewalks and paving or any other improvements which are required shall have been installed or constructed in such platted territory or until or unless an irrevocable letter of credit or an escrow agreement from any of the area commercial or savings and loan banks guaranteeing to the City that funds are available to pay the cost of such improvements, including all costs and expenses in connection herewith, shall be deposited with the Commissioner of Taxation and Treasury of the City.
In lieu of the aforementioned letter of credit or escrow, a performance bond with surety or sureties sufficient to pay the cost of installing or constructing such improvements, including all costs and expenses in connection herewith, may be filed with the Commissioner of Taxation and Treasury.
The letter of credit, escrow agreement or performance bond shall be approved by the Director of Finance as to surety, by the Director of Law as to form, and by the Director of Public Service as to amount to pay the cost of constructing such improvements, including all costs and expenses in connection therewith, and shall have included therein, that the construction and installation of such improvements required shall be completed in their entirety within a period of time determined by the Director of Public Service, but in no way to exceed four years from the date of the instrument, with the exception of any required sidewalks which shall be completed in their entirety within a reasonable period of time determined by the Director of Public Service. The Service Director will use the following criteria to determine the length of time to complete the improvements: safety and service to the public; size and configuration of the plat; building development on the platted lots; and any other criteria that is deemed essential to the health and welfare of the citizens of Toledo. The Service Director may require the security instruments to be adjusted and renewed at the end of any two year period. Should such improvements not be completed within four years, or the shorter time period as prescribed by the Director of Public Service, or the sidewalks within the period of time prescribed by the Director of Public Service, the instrument shall provide that the subdivider who presents the plat for approval and recording authorizes the City to make such installations, and complete such improvements, and to pay for the same with funds so guaranteed. The subdivider shall have a right to appeal the length of time to complete subdivision improvements to a board consisting of the Law Director, Finance Director, and Executive Director of the Plan Commission. The Service Director and subdivider will abide by the board's final determination.
(b) When Council is hereafter requested to accept the public streets, alleys and public ways as may be designated on a plat of land within the City, such matters shall be referred to the Director of Public Service for determination as to the character and extent of the necessary improvements, as to whether or not such necessary improvements have been installed or constructed, including all costs and expenses in connection herewith, in the event same have not been installed or constructed in such territory. The cost of necessary engineering and testing by the Division of Transportation shall be determined by the Director of Public Service and shall be charged against and collected from the subdivider who presents such plat for approval and recording.
(c) The Director of Public Service is hereby authorized and directed to adopt such administrative rules, including the partial release of funds herein authorized to be deposited as in his opinion shall be necessary and requisite for the execution of the intention of this section.
(Ord. 325-94. Passed 6-21-94.)
(a) Approval of Public Utility Franchises.
No franchise shall hereafter be granted to a public utility company in the City, or approved by Council, unless such franchise contains a provision to the effect that such public utility company shall not refuse to employ any person in any capacity in the operation or maintenance of its service in the City on account of the race, color or religion of such person.
(b) Anti-discrimination Clause in City Leases and Contracts.
There shall be included in all leases which are entered into by the City for the use of City-owned land and buildings, and all contracts for services to be performed for the City, a provision that the lessee or contractor shall not refuse to serve and shall not refuse to employ any person on account of the race, color or religion of such person.
(1952 Code § 2-5-2, 2-5-3; Ord. 487-54)
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