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Area of Responsibility
Purpose
Until the population of the City shall reach twenty thousand, as determined by a Federal census, the Council shall consist of seven members elected from the City at large for four year overlapping terms of office, provided that the four members of Council under the general statutory plan of government for villages, whose terms expire on December 31, 1973, shall serve as members of the Council under this Charter, with all the powers, duties and functions provided by this Charter, until January 1, 1974, and at the regular Municipal election to be held in November 1971, and every four years thereafter three members of the Council shall be elected from the City at large for terms of four years. At the regular municipal election to be held in November 1973, and every four years thereafter four members of the Council shall be elected from the City at large for terms of four years. Members of the Council shall take office on the first day of January following their election.
Qualifications
- Each member of the Council shall have been a resident and qualified elector of the Municipality for at least one continuous year prior to his election and shall continue to be a resident and qualified elector of the Municipality throughout his term of office. Except as provided by or under this Charter, members of the Council shall not hold any other compensated office or position of employment with the City, nor shall they hold any other elected public office.
- A Councilman shall forfeit his office as Councilman in the event he is called to full-time military service for a period exceeding sixty-one consecutive days.
- Any member of Council who shall cease to possess, or who violates any of the qualifications herein enumerated may be removed from his office, but failure to maintain said qualifications shall not render void or ineffective any action of Council in which such member has participated.
Duties
All legislative powers of this City shall be vested in the Council except as expressly limited by this Charter and the Constitution of the State of Ohio. Without limitation the Council shall:
- Originate, introduce and pass ordinances and adopt resolutions.
- Fix the number and salary ranges of all officers and employees of the municipality whether elected or appointed.
- Require and fix bond for the faithful discharge of the duties of office by officers and employees. The premium of any bond required by the Council may be ordered by the Council to be paid by the Municipality.
- Adopt an annual appropriation ordinance based upon the annual budget.
- Conduct a financial audit at such times as deemed necessary, but at least biennially, by the State or a private concern. The reports of all examinations and audits will be made available to all members of the Council, and be recorded in the journal of Council.
- Appoint and remove the City Manager, establish his salary, and appoint an acting City Manager when necessary.
- Have the power to make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person or persons who fail or refuse to obey a lawful order issued in exercise of these powers by the Council shall be punished by a fine of not more than $500, or by imprisonment for not more than six months, or both.
- Have the power to levy taxes and incur debts subject to the limitations imposed thereon by this Charter.
- Have the power to adopt and to provide for the enforcement of local police, sanitary, and other similar regulations as are not in conflict with general laws.
- Have the power to provide for the exercise of all powers of local self-government granted to the City by the Constitution of the State of Ohio in a manner not inconsistent with this Charter or the Constitution of the State of Ohio.
- Exercise all other powers granted to the Council by this Charter and by the Constitution and laws of the State of Ohio.
Removal
The Council shall be the judge of the qualifications of its members. Council may, by two-thirds of its membership, expel or remove any member for failure to meet or maintain the qualification of office; or for violation of his oath of office, or for the conviction of a felony or other crime involving moral turpitude, or for persistent failure to abide by the rules of Council. Prior to any such action by Council, the accused member shall be notified in writing of the charge against him at least fifteen days in advance of any hearing upon such charge, and he and counsel shall be given an opportunity to be heard, present evidence, or examine under oath any witness in support of such charge. The accused member shall not vote on the question of his removal.
A Councilman who is absent, without being excused by the majority of the other members of Council, from four consecutive regular meetings of Council shall automatically vacate his office on the Council.