All powers of the City not specifically vested in other offices by this Charter, shall be vested in the Council, which shall determine all matters of general policy and may delegate the administration of any and all City affairs to the City Manager, holding him responsible for his performance. The Council shall be accountable to the citizens. Among other powers, the Council shall have authority to:
(a) Appoint and remove the City Manager and establish his salary by ordinance and appoint an Acting City Manager until the Manager is employed;
(b) Establish administrative departments and define their duties and procedures;
(c) Adopt the Municipal budget;
(d) Inquire into the conduct of any officer or employee in his performance of his public duties;
(e) Make investigations of any office, department or agency of the Municipal government;
(f) Appoint and remove the members of the City Development Commission; and any other boards or commissions which may be established by ordinance;
(g) Adopt and modify the official map of the City;
(h) Regulate and restrict the use of private real estate in the interests of the health, safety, morals, welfare and convenience of the people by establishing zones and limiting land use and building height;
(i) Adopt and approve subdivision plats;
(j) Authorize the levy of taxes and the issuance of bonds, as provided in this Charter;
(k) Employ a Certified Public Accountant to audit the accounts of the City or of any officer or department thereof, whenever such audit is deemed necessary;
(l) Grant public utility franchises, by a vote of five-sevenths of Council.
(m) Before any Municipally owned public utility is sold, leased or otherwise disposed of, Council shall forthwith, by a five-sevenths vote, or upon petition of ten per centum of the electors, provide by ordinance for the submission to the electors, of the question, "Shall the (name of public utility) be (sold; leased; otherwise disposed of)." The ordinance providing for the submission of such question shall require that it be submitted to the electors at the next regular or general election if one shall occur not less than sixty nor more than one hundred and twenty (120) days after its passage; otherwise it shall provide for a submission of the question at a special election to be called and held within the time aforesaid. Not less than thirty days prior to such election the Clerk of Council shall mail a copy of the ordinance to each elector whose name appears upon the poll or registration books of the last general or regular election. If a majority of the electors voting thereon do not approve a sale, lease or other disposition, the public utility shall not be sold, leased or otherwise disposed of. In the event a majority voting thereon approve a sale, lease or other disposition, then such sale, lease or other disposition shall be made as provided by the law of the State of Ohio governing such sale, lease or other disposition by municipal corporations. This provision shall not apply to the sale or trade-in of equipment and personal property which has become obsolete and is being replaced by other equipment and personal property, or which has become obsolete and is no longer necessary for the continued operation of the public utility.
(n) In the event that any Municipally owned public utility is sold, the proceeds of the sale shall be applied as follows:
(1) Such proceeds shall be paid into the sinking fund or bond retirement fund to the extent necessary to provide for the retirement of the outstanding indebtedness incurred in the construction or acquisition of such public utility sold.
(2) The balance of such proceeds shall be paid into a special fund for the construction or acquisition of permanent improvements and shall be invested as provided by law. The earnings or interest of such invested proceeds shall be paid into the General Fund or such other funds as Council may, from time to time, direct. The principal of such invested proceeds shall be expended only as may be, from time to time, approved by a majority of electors of the City voting on a proposed expenditure from such funds. Council may by ordinance propose expenditure from such funds for submission to the electors. Council shall by ordinance propose expenditure from such funds upon petition of ten per centum of the electors of the City who voted for Governor at the last regular or general election. The question shall be submitted to the electors in substantially the following form: "Shall expenditure be made from the invested funds from the sale of (name of public utility or utilities sold) for the purpose of (purpose of proposed expenditure)". The question shall be submitted to the electors at the next regular or general election if one shall occur not less than sixty (60) nor more than one hundred twenty (120) days after its passage; otherwise Council shall provide for a special election within the time aforesaid. In the event a majority of the electors voting upon such question approve the proposed expenditure, the proposed expenditure shall be made. In the event a majority of the electors voting upon such question do not approve the proposed expenditure, it shall not be made. (Subsection (1) amended Nov. 7, 1967; Subsection (n) added Nov. 2, 1965)