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(A) All legislative power of the Municipality shall be vested in the Council, except as otherwise provided by this Charter and the Constitution of the State of Ohio. Without limitation of the foregoing, the Council shall have and possess the following powers:
(1) The power to levy taxes and assessments and incur debts subject to the limitations imposed thereon by this Charter.
(2) The power to adopt and to provide for the enforcement of local police, sanitary and other similar regulations as are not in conflict with the general laws.
(3) The power to provide for the exercise of all powers of local self-government granted to the Municipality by the Constitution of the State of Ohio in a manner not inconsistent with this Charter or the Constitution of the State of Ohio.
(4) The power, by ordinance or resolution, to establish or authorize the number of officers and employees in the various offices, departments, divisions, bureaus, boards and commissions of the Municipality and to establish or authorize the establishment of the rate of their compensation, hours of work, and provide such other fringe benefits and conditions of employment as deemed proper by the Council.
(5) The power to require such bonds as in the opinion of the Council are necessary for the faithful discharge of the duties of the officers and employees of the Municipality. The premium for said bonds shall be paid by the Municipality.
(6) The power to create, combine, change and abolish other offices, departments, divisions, bureaus, boards and commissions. The power herein expressed in this subsection shall be exercised by ordinance or resolution. The Council shall not abolish any office, board, or commission created by this Charter nor shall the Council abolish or merge or combine the departments of police and fire into one administrative unit.
(7) The power to establish, pursuant to ordinance or resolution, the rates or charges made of consumers of all municipal utilities and services.
(8) The power to acquire and to sell or otherwise convey title to or interest in real property, and to lease, as lessor or lessee, or otherwise grant or receive interests in real property in the manner and according to the terms and conditions, if any, as provided or authorized by ordinance or resolution, which shall be passed by a vote of at least three-fourths of the members of the Council.
(9) The power to provide for an independent audit of the accounts and records of the Municipality, which may be in addition to audits by state officers and agencies as may be required under the general laws of Ohio.
(10) To exercise all other powers granted to the Council by this Charter and by the Constitution and laws of the State of Ohio.
(B) Members of Council shall be registered electors of the Municipality, and have resided in the Municipality for at least one year, at the time they file for office (or if applicable, apply for a vacant seat) and at all times during their term of office. Members of the Council shall not:
(1) Hold any other public office during a term, except they may hold office in a political party or be a delegate to a political party convention, serve as a notary public, serve as a member or officer in the military reserve or national guard, serve in any office position or capacity to further intergovernmental cooperation, and may hold any office permitted by this Charter or the laws of Ohio;
(2) Hold any compensated position of employment with the Municipality while serving as a member of the Council unless permitted by the Charter or the laws of Ohio.
As use in this Division (B) of this Section of the Charter, “public officer”, “appointive office” and “position of employment” shall not include holding an office or member in a volunteer fire department or volunteer fire protection agency; and members of the Council may be officers or members in a volunteer fire department or volunteer fire protection agency, but they shall not receive any additional compensation for service in any such volunteer department or agency that provides fire protection services to the Municipality other than an amount approved by ordinance or resolution to be appropriate to secure workers compensation insurance or coverage for such members of Council while serving as officers or members of a volunteer fire department or volunteer fire protection agency. As used in Division (B) of this Section of the Charter, the Council may, by ordinance or resolution, define the words “volunteer fire department” and “volunteer fire protection agency”.
(C) If a Member of the Council was not qualified at the time of filing for the office (or, if applicable, of an application to fill a vacant seat), or ceases to possess any or all of the qualifications provided for in this Charter at any time thereafter, the Council Member’s office shall be immediately vacated and forfeited upon a majority vote of all remaining Members of the Council or proper judicial authority. In the event of a vote by the remaining Members of Council, the Members whose office is under consideration shall not vote on the matter.
(1) Upon the vacating and forfeiture of a Member of Council’s office under this Section, the vacancy shall be filled as provided in this Charter.
(2) The vacating and forfeiture of a Member of Council’s office under this Section shall not invalidate any action of the Council Member or of any body, including the Council, in which the Member participated. The subsequent removal of a person who fills a vacancy created pursuant to this Section by the reinstatement by a court of a person whose office was vacated and forfeited pursuant to this Section, shall not invalidate any action of the person who filled the vacancy or anybody, including the Council, in which such person who filled the vacancy participated.
(Amended November 3, 2015)