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SECTION 1. Powers, Number and Term. The legislative power of the City, except as limited by this Charter, and such additional powers as may be expressly granted by this Charter, shall be vested in a Council of seven members elected at large. The terms of the members of the Council shall begin the first day of January next following their election, and they shall serve for a term of four years or until their successors are chosen and qualified except that of the seven members elected in 1941 the three receiving the highest number of votes shall serve for four years and the remaining four shall serve for two years.
SECTION 2. Organization. At the first Council meeting in January, but not later than the 7th day of January in the year 1958, and in January of each second year thereafter the Council shall meet in the Council Chamber and organize. At such organization meeting the Council shall elect by a majority vote one Councilman, Vice-Mayor, and Councilmen members of boards and commissions required by this Charter or by ordinance, each to serve until the next organization meeting unless he shall cease in the meantime to be a councilman.
SECTION 3. Vacancy. Any vacancy in the Council, except as otherwise provided in this Charter, shall be filled by appointment by a majority vote of the remaining members of the Council. If the vacancy be not so filled within thirty (30) days, the Mayor shall fill it by appointment. Such appointee shall hold office for the unexpired term of the member in whose office the vacancy occurs or until a successor is elected and qualified.
A successor shall be elected at the next general municipal election if:
1. More than two (2) years remain in the unexpired term when the vacancy occurs; and if
2. The vacancy occurs more than seventy-five (75) days prior to such election.
At such election each candidate for Council, in his declaration of candidacy and nominating petition, shall designate the term of office to which he seeks election by stating therein, if a full term, the date of commencement of said term as follows: "Full term commencing (DATE ) " or by stating therein, if an unexpired term, the date on which it will end, as follows: "Unexpired term ending (DATE)". The term of no councilman shall be lengthened by his resignation and subsequent appointment, but an appointee may be a candidate for subsequent election.
SECTION 4. Clerk of Council. The Council shall appoint a Clerk who shall be the Clerk of the Council and Secretary of the City Planning Commission, the Civil Service Commission, the Board of Zoning Appeals, and such other boards and commissions as the Council may establish by ordinance. He shall give all notices of meetings, keep the records and minutes of the Council and of the boards and commissions of which he is secretary, authenticate all records, documents and instruments of the City on which authentication is proper, and for that purpose shall have and use a seal.
The Clerk shall examine warrants and disbursement checks approved by the Director of Finance and shall countersign checks in the manner provided by ordinance. He shall perform all such other duties as the Council may require.
All regular and special meetings of Council and Council committees shall be publicly announced and shall be open to the public in accordance with the provisions of the Ohio "Sunshine Law" as it may be amended from time to time, presently codified at Section 121.22 of the Ohio Revised Code. Council may hold an executive session at any regular or special meeting of Council, upon the majority roll call vote of a quorum of Council, for the sole purpose of the consideration of any matter specified in Ohio Revised Code Section 121.22, as it may be amended from time to time.
The Council shall, by ordinance, make provision for the following:
a. The time and place of regular meetings, providing for at least two regular meetings in each calendar month excepting the months of July and August;
b. The manner of calling special meetings;
c. The enforcement of attendance at its meetings and punishment of disorderly conduct thereat;
d. The form and method of enacting ordinances and resolutions, but no ordinance or resolution except general appropriation ordinances shall contain more than one subject which shall be clearly stated in the title; and general appropriation ordinances shall be confined to the subject of appropriations;
e. The manner of giving public notice of the enactment of ordinances and of any other of its acts or proceedings which it deems proper to publish;
f. The reduction of unpaid installments and the return of paid installments of assessments levied in larger amounts than necessary to pay for public improvements, to the extent that such reductions and returns are authorized by the general law of Ohio;
g. The procedure for making public improvements and for levying assessments, provided that two or more public improvements, including the levying of assessments therefor, may be combined in one proceeding if the Council finds that it will be economical and practical to undertake said improvements jointly;
h. The advertising and awarding of contracts;
i. The employment of expert consultants to advise and assist the city officials and employees with respect to municipal problems and such other general regulations as the Council may deem necessary;
j. The printing, publishing and distribution of financial reports and such other reports of general interest as the Council shall determine, at City expense, providing that such reports shall be factual only and do not express an opinion or promote any person, position, group of persons, or any idea, theory or viewpoint of a political or controversial nature.
(11-5-1957), (11-6-1979), (11-3-2009)
a. A resolution which is approved by not less than two-thirds (2/3) of the members of Council shall take effect upon the signature of the Mayor, if it so provides, and no second reading thereof shall be required.
b. An emergency ordinance necessary for the immediate preservation of public peace, health or safety, which sets forth the reasons for emergency action and which has the approval of not less than two-thirds () of the members of Council shall take effect at the time provided therein upon the signature of the Mayor, or at the expiration of the time within which it may be disapproved by the Mayor, or upon the Council's override of the Mayor's disapproval.
c. No action of the Council in authorizing any change of the boundaries of the City, or the surrender or joint exercise of any of its powers, or in granting any franchise, or in contracting for the supply to the City or its inhabitants of the product or service of any utility, whether municipally owned or not, shall be taken as an emergency measure.
d. Ordinances for the appropriation of money and those providing for an annual tax levy, or for improvements petitioned for by the owners of a majority of the feet front of the property benefitted and to be specially assessed therefor, shall take effect at the time stated therein upon signature by the Mayor, or at the expiration of the time within which it may be disapproved by the Mayor, or upon the Council's override of the Mayor's disapproval.
e. All other resolutions and ordinances shall be read on two (2) separate days before they may be approved by the Council, and no such ordinance or resolution shall go into effect until thirty (30) days after passage by the Council.
SECTION 7. Mayor's Veto. Every ordinance or resolution of the Council shall be signed by the Clerk or two members of the Council and presented to the Mayor forthwith for consideration before it goes into effect. The Mayor, if he approves it, shall sign it and file it with the Clerk. The Mayor may approve or disapprove the whole or any item of an ordinance appropriating money, but otherwise his approval or disapproval shall be addressed to the entire ordinance or resolution. If he disapproves it or any item of it, he shall file it with written notice of the disapproval with the Clerk. Unless an ordinance or resolution is filed with the Clerk with written notice of disapproval, within seven days after its passage by the Council, it shall take effect as though the Mayor had signed it. When the Mayor has disapproved an ordinance or resolution or item of it, as herein provided, the Council may, at its next regular meeting thereafter, reconsider it and if upon such reconsideration the ordinance, resolution or item is approved by the votes of five or more of the members of the Council, it shall take effect notwithstanding the disapproval of the Mayor.