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THE CHARTER
OF THE
CITY OF WICKLIFFE, OHIO
PREAMBLE
We, the people of the City of Wickliffe, in the County of Lake, State
of Ohio, in order to secure the benefits of municipal home rule and
exercise all powers of local self-government under the Constitution
and laws of the State of Ohio, do hereby adopt this Charter for the
government of the City of Wickliffe.
ARTICLE I
NAME AND BOUNDARIES
The Municipality now existing in the County of Lake, State of Ohio, and
known as Wickliffe shall continue to be a body politic and corporate
under the name of the City of Wickliffe, with the same boundaries as
now exist, but with power and authority to change its boundaries in the
manner authorized by the laws of the State of Ohio, except that no territory
shall be detached from or annexed to the City, nor shall the City be
annexed to or merged with any other body politic, nor shall the corporate
existence of the City be terminated, without the assent of a majority
of the electors of the City voting on such proposal, or the assent of
the Council given in such manner as to be subject to review by a vote
of the electors of the City.
ARTICLE II
POWERS
The City of Wickliffe shall have all the powers, general or special,
governmental or proprietary, which may now or hereafter lawfully be possessed
or exercised by cities under the Constitution and laws of the State of
Ohio. All such powers may be exercised in the manner prescribed in this
Charter, or, if not prescribed herein, in such manner as the Council
may determine, or, unless a contrary intent appears in this Charter or
in the enactments of the Council, in such manner as may now or hereafter
be provided by the laws of the State of Ohio.
ARTICLE III
THE COUNCIL
SECTION III-1. COMPOSITION, TERM AND QUALIFICATIONS.
The legislative powers of the Municipality except as otherwise provided
by this Charter and by the Constitution of the State of Ohio, shall be
vested in a Council composed of seven (7) members, four (4) of whom shall
be elected from wards, two (2) of whom shall be elected at large and
designated as Council At Large and one (1) elected at large who shall
be designated as Council President. Members of Council shall be elected
at the regular municipal election of the year 1985 for a term of four
(4) years and every fourth year thereafter for a term of four (4) years.
All members of the Council shall assume office on the first day of January
next following their election.
The Councilperson elected as President of Council shall preside at all
meetings of Council and shall also have all the powers and duties of
a Councilperson including the right to vote on any matter before Council.
No person shall be eligible to be a member of Council, elected at large,
unless he/she shall have been continuously a resident and qualified elector
of the City of Wickliffe from one (1) year immediately prior to his/her
election or appointment. No person shall be eligible to be a member of
Council, elected from a ward, unless he/she shall have been continuously
a resident of such ward and a qualified elector of the City of Wickliffe
for one (1) year immediately prior to his/her election or appointment.
No person shall serve as a member of Council unless during his/her
term of office he/she shall continue to be a resident and a qualified
elector of the City of Wickliffe, and if elected or appointed from
a ward, shall be and continue to be a resident of such ward. He/she
shall not hold any other public office, except as otherwise provided
in this Charter, and except that of Notary Public or member of the
State Militia or the Reserve Corps of the Armed Forces of the United
States unless called to a full-time military service therein for a
period exceeding thirty (30) consecutive days, and shall not be interested
in the profits or emoluments of any contract with or job, work or service
for the City, nor shall he/she hold public employment with the City
of Wickliffe or the Wickliffe City Board of Education. Any member who
shall cease to possess any of the qualifications herein required shall
forthwith forfeit his/her office, and any such contract in which any
member is or may become interested may be declared void by the Council.
(Approved by voters November 6, 1984.)
SECTION III-2. WARDS.
Not earlier than the effective date of this amendment, passed 1954,
to the Charter of Wickliffe and not later than three months after such
effective date, the then incumbent Council shall divide the City of
Wickliffe into wards in the manner prescribed by and pursuant to the
provisions of Section 731.06 of the Revised Code of Ohio or any amendment
thereto. (Approved by voters November 2, 1954.)
SECTION III-3. REMOVAL.
The Council shall be the judge of the election and qualifications of
its own members. It may expel or remove any member for gross misconduct,
or misfeasance, malfeasance or nonfeasance in or disqualification for
office, or for the conviction while in office of a crime involving
moral turpitude, or for a violation of his/her oath of office, or persistent
failure to abide by the rules of the Council, or the absence without
justifiable excuse from three (3) consecutive regular meetings of the
Council; provided, however, that such expulsion shall not take place
without the concurrence of two-thirds (2/3) of the members elected
to Council nor until the accused member shall have been notified in
writing of the charge against him/her at least ten (10) days in advance
of a public hearing upon such charge, and he/she or his/her counsel
has been given an opportunity to be heard, present evidence or examine
any witness appearing in support of such charge.
SECTION III-4. VACANCIES.
(a) Whenever the office of Ward Councilperson shall become vacant, the
vacancy shall be filled by electing a successor to the office for the
unexpired term. A successor shall be elected to the office for the
unexpired term at a special election called by the Mayor to be held
within one hundred ten (110) days after the said vacancy has occurred.
In the event that a vacancy occurs and the balance of the unexpired
term is one hundred eighty (180) days or less, the vacancy shall be
filled by appointment by a majority vote of all of the remaining members
of Council; and if the vacancy shall not be filled within thirty (30)
days, the Mayor shall fill such vacancy by appointment.
Said special election shall be governed in all respects by the provisions
contained in Article X of this Charter controlling regular municipal
elections, except that:
1. The date of the special election shall be set forth in the call by
the Mayor.
2. The special primary election shall be on the seventh (7th) Tuesday
prior to said election.
3. The Petition papers of any candidate shall be filed at or before 4:00
p.m., of the thirtieth (30th) day next preceding the special primary
election day.
4. Within one (1) day after the filing of such petition the election
authorities shall notify the candidate in writing, mailed to the address
stated in the petition, if such petition is sufficient, and if so, the
name of such candidate shall be placed upon the proper ballot as required
by law and this Charter. If the election authorities find that a petition
is insufficient or incorrect in form or substance the same shall be returned
by registered mail to the candidate with an explanation of the reason
for its return. In such case, the candidate shall have an additional
five (5) days from the date of such mailing in which to file additional
signatures or to correct the errors in the original petition, if possible,
and to refile the petition with the election authorities, not later than
4:00 p.m., on said fifth (5th) day. Upon such refiling if the petition
is found by the election authorities to be sufficient in form, and substance,
the candidate shall be so notified and his/her name placed upon the proper
ballot as required by law and this Charter. If the petition as refiled
is not sufficient or correct, it shall be rejected, and the candidate
so notified by mail.
However, in the event there are only two or less candidates seeking
to fill the vacancy, then in that event the special general election
shall be held on the date designated for the special primary election
and the candidate receiving the highest number of votes at the special
election shall be declared to be elected and fill said vacancy for the
unexpired term. In the event there are three or more candidates seeking
to fill the vacancy then the special primary and special general election
provided for in Article X shall be held on the dates set forth in the
Mayor's call.
(b) Vacancy in Office of Councilperson-at-large or Council President.
Any vacancy in the office of Councilperson-at-large or Council President,
whether occurring by death or disqualification, removal or resignation
or by succession to the office of the Mayor, shall be filled by appointment
by a majority vote of the remaining members of Council from among its
own members, and the person so chosen shall hold office for the balance
of the unexpired term. If the vacancy be not so filled within thirty
(30) days, the Mayor shall fill it by appointment from the remaining
members of the Council. The vacancy thus created in the Council shall
be filled in the manner hereinbefore provided in this Charter. Provided,
however, that in the event a vacancy in the office of Councilperson-at-large
or Council President cannot be filled from the remaining members of Council,
then and in that event the vacancy shall be filled in accordance with
the provisions of Section 4 of Article III. (Approved by voters June
3, 1975.)
SECTION III-5. SALARIES.
The Council shall have the power to fix its own compensation and that
of each employee of the City, including officers and members of any
board or commission of the City, whether elected, appointed or chosen
and to establish bond for the faithful discharge of the duties of the
office. The premium on any bond required by the Council shall be paid
by the City. The compensation of the Mayor and each member of the Council
shall be fixed at least thirty (30) days prior to the filing date of
nominating petitions for the terms beginning on the next succeeding
first day of January, and shall not thereafter be changed in respect
to any such term or terms or any part thereof. The Council of the City
of Wickliffe shall, on or before August 1, 1951, fix the salaries of
all elective officials assuming office January 1, 1952. The Council
may authorize the payment or reimbursement of expenses incurred by
any officer, employee, or member of any board or commission of the
City for travel or otherwise in the interest of the City.
SECTION III-6. ORGANIZATION.
At 8:00 p.m., on the second day of January following a regular municipal
election, or if such day be a Sunday, on the day following, and in
January of each year thereafter, the Council shall meet in the Council
Chamber for the purpose of organization. At such organization meeting,
or as soon as practicable thereafter, the Council shall elect one (1)
Councilperson as a member of the City Planning Commission to serve
for the balance of that year and until his/her successor shall have
been elected unless he/she shall cease in the meantime to be a Councilperson.
The Council shall adopt its own rules, regulations and/or by-laws.
(Approved by voters June 3, 1975. )
SECTION III-7. MEETINGS.
The Council shall meet in the Council Chamber, or at such other public
place within the City as the Council may designate by Resolution, at
such time as may be prescribed by its rules, regulations, ordinances
or by-laws, except that it shall hold regular meetings at least twice
during each calendar month provided, however, that it may recess during
the months of July and August, subject to call of the Mayor or President
of Council. All meetings of Council or any other municipal body as
defined at Section 107.02(d) of the City's Codified Ordinances, shall
be subject to the “Open Meetings” provisions of Chapter
107 of the City's Codified Ordinances. (Approved by voters 11-2-99.)
SECTION III-8. SPECIAL MEETINGS.
Special meetings may be held in accordance with and as provided for by
rules, regulations or by-laws adopted by the Council, but in the absence
of such provision, by a vote of the Council taken at any regular or
special meeting of the Council, or shall be called by the Clerk of
Council upon the written request of the Mayor, President of Council,
or three (3) members of the Council. Any such vote or request shall
state the subject or subjects to be considered at the meeting, and
no other subject or subjects shall be considered. Twelve (12) hours
notice in writing of such special meeting called by the Mayor, President
of Council, or three (3) members of Council must be given to each member
of Council and the Mayor by service personally upon him/her or left
at his/her usual place of residence. (Approved by voters June 3, 1975.)
SECTION III-9. QUORUM.
A majority of the members elected to Council shall constitute a quorum
for the transaction of business at any meeting of the Council, but
a lesser number may adjourn the meeting from time to time and compel
the attendance of absent members in such manner and under such penalties
as may be prescribed by ordinance or resolution.
SECTION III-10. EMPLOYEES OF COUNCIL.
The Council shall choose such officers and employees of its own body
as it shall deem necessary. It shall choose a Clerk, who may be an
elected or appointed officer or employee of the City. The Clerk shall
keep the journal of the Council and its records and perform such other
duties as may be required by ordinance or resolution. All officers
and employees, including the Clerk, chosen by the Council, shall serve
during the pleasure of the Council.
SECTION III-11. ORDINANCES AND RESOLUTIONS; PROCEDURE.
All legislative action shall be by ordinance or resolution except when
otherwise required by the Constitution or laws of the State of Ohio.
The Council shall keep a journal of its proceedings, which shall be
a public record. At the request of any member, the yeas and nays shall
be entered upon the journal, and on the passage of every ordinance
and on the adoption of every resolution the vote shall be taken by
yeas and nays and entered upon the journal. No ordinance shall be passed
or resolution adopted without the concurrence of a majority of the
members elected to Council. Every ordinance or resolution shall be
fully and distinctly read on three (3) different days, the first and
second reading may be by title only, and if such matter is printed
and a copy thereof furnished to each member of Council the third reading
may be by title only. The rule requiring every ordinance to be read
on three (3) separate days may be suspended by a two-thirds (2/3) vote
of all members elected or appointed to Council. No ordinance or resolution
shall contain more than one subject, which shall be clearly expressed
in its title, and no ordinance or resolution shall be revived or amended
unless the new ordinance or resolution contains the entire ordinance
or resolution revived, or the section or sections so amended, and the
section or sections so amended, shall be repealed. The Council may
adopt codification ordinances, codifying, revising and rearranging
the ordinances or any portion thereof. All ordinances, resolutions,
statements, orders, proclamations, notices and reports required by
law, by this Charter, or by ordinance to be published or posted, shall
be posted in not less than five (5) of the most public places in the
City, as determined by Council, for a period of not less than fifteen
(15) days prior to the taking effect thereof, except as may otherwise
be provided in this Charter, or in such other manner as Council may
hereinafter determine by ordinance, resolution or order.
(Approved by voters May 3, 1966.)
SECTION III-12. EFFECTIVE DATE OF ORDINANCES AND RESOLUTIONS.
All ordinances and resolutions shall become effective thirty (30) days
after their final passage by Council unless (a) a later effective date
is set forth in the ordinance or resolution, or (b) an earlier effective
date is established in an ordinance or resolution passed or adopted
as an emergency measure in the manner hereinafter provided.
SECTION III-13. EMERGENCY ORDINANCES AND RESOLUTIONS.
An emergency measure is an ordinance or a resolution necessary for the
immediate preservation of the public peace, property, health or safety,
or providing for the usual daily operation of a municipal department,
and shall take effect, unless a later time be specified therein, upon
the signature of the Mayor, or upon the expiration of the time within
which it may be disapproved by the Mayor, or upon its passage or adoption
after disapproval by the Mayor, as the case may be. Ordinances providing
for the appropriation of money, or for an annual tax levy, or for improvements
petitioned for by the owners of a majority of the foot frontage of
the property benefitted and to be specially assessed therefor, may
be passed as an emergency measure. No action of the Council in amending
or enacting a change in the comprehensive zoning map of the City of
Wickliffe, or authorizing any change in 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 ever be passed as an emergency measure. Emergency
ordinances and resolutions, upon a yea or nay vote, must receive an
affirmative vote of two-thirds (2/3) of all members elected to the
Council, and the reason for the necessity of declaring such ordinance
or resolution to be an emergency measure shall be defined in the preamble
or in one section of the ordinance or resolution. (Approved by voters
June 7, 1977.)
SECTION III-14. GENERAL PROVISIONS.
The Council shall by ordinance make provision for:
(a) The form and method of enactment of its ordinances and adoption of
its resolutions;
(b) The procedure for making public improvements and levying assessments,
including the procedure for combining two or more public improvements,
and the levying of assessments therefore, in one proceeding if the Council
finds that it will be economical and practical to undertake such improvements
jointly;
(c) The advertising and awarding of contracts;
(d) Such other general regulations as the Council may deem necessary,
including regulations as to the custody and use by the Clerk of Council
of an official seal.
ARTICLE IV
THE MAYOR
SECTION IV-1. TERM OF OFFICE.
The Mayor shall be the chief executive officer of the City. He/she shall
be elected for a term of four (4) years at the regular municipal election
in the year of 1985, and every fourth year thereafter, he/she shall assume
office on the first day of January next following such election and serve
until his/her successor is elected and qualified. No person shall serve
as Mayor of the City for more than two (2) consecutive terms. (Approved
by voters November 6, 1984.)
SECTION IV-2. QUALIFICATIONS.
The Mayor shall have been for at least one (1) year prior to his/her
election, and during his/her term of office shall continue to be, a
resident of the City of Wickliffe and a qualified elector thereof.
He/she shall not hold any other public office, except that of Notary
Public or member of the State Militia or the Reserve Corps of the Armed
Forces of the United States. He/she shall not be interested in the
profits or emoluments of any contract with, or job, work or service
for the City, nor shall he/she hold any public employment with the
City of Wickliffe or the Wickliffe Board of Education, except as otherwise
provided in this Charter.
(Approved by voters May 3, 1966.)
SECTION IV-3. REMOVAL.
The Council may remove the Mayor for gross misconduct, or malfeasance,
misfeasance or nonfeasance in or disqualification for office, or for
the conviction while in office of a crime involving moral turpitude,
or for a violation of his/her oath of office; provided, however, that
such removal shall not take place without the concurrence of two-thirds
(2/3) of the members elected to Council nor until the Mayor shall have
been notified in writing of the charge against him/her at least ten
(10) days in advance of a public hearing upon such charge, and he/she
or his/her counsel has been given an opportunity to be heard, present
evidence, or examine any witnesses appearing in support of such charge.
SECTION IV-4. JUDICIAL POWERS.
The Mayor shall have all the judicial powers granted by this Charter,
the ordinances of the City, and the general laws of the State of Ohio.
SECTION IV-5. LEGISLATIVE POWERS.
The Mayor may introduce ordinances and resolutions, and take part in
the discussion of all matters coming before the Council but shall have
no vote therein. (Approved by voters June 3, 1975.)
SECTION IV-6. VETO POWERS.
Every ordinance passed or resolution adopted by the Council shall be
signed by the President of Council, be attested by the Clerk of Council
and promptly presented to the Mayor. If the Mayor approves such ordinance
or resolution, he/she shall sign it within ten (10) days after its
passage or adoption by the Council, but if he/she does not approve
it, he/she shall return it to the Council with written objections within
said ten (10) days by delivery to the Clerk, which objections shall
be entered in full on the journal of the Council. The Mayor may approve
or disapprove the whole or any part or item of the ordinance or resolution
appropriating money, but otherwise his/her approval or disapproval
shall be addressed to the entire ordinance or resolution. If the Mayor
does not sign or veto an ordinance or resolution after its passage
or adoption within said ten (10) day period, it shall take effect in
the same manner as if he/she had signed it. When the Mayor has disapproved
an ordinance or resolution or part or item thereof, as herein provided,
the Council shall, not later than the next regular meeting, proceed
to reconsider it, and if upon reconsideration the ordinance or resolution
or part or item thereof be approved by vote of two-thirds (2/3) of
the members elected to Council, it shall then take effect as if it
had received the signature of the Mayor. In all such cases the vote
shall be taken by yeas and nays and entered upon the journal. (Approved
by voters June 3, 1975.)
SECTION IV-7. EXECUTIVE POWERS.
The Mayor shall be the chief executive officer of the City. He/she shall
supervise the administration of the City's affairs and shall exercise
control over all departments and divisions. He/she shall be the chief
conservator of the peace within the City and shall cause all laws and
ordinances to be enforced. He/she shall be responsible for the preparation
and submission of the annual estimate of receipts and expenditures,
and of appropriation measures, and shall at all times keep the Council
fully advised as to the financial condition and needs of the City.
He/she shall cause all terms and conditions imposed in favor of the
City or its inhabitants in any franchise or contract to which the City
is a party to be faithfully kept and performed. Except as may otherwise
be provided by this Charter or the laws of the State of Ohio, the Mayor
shall have the power to appoint, promote, transfer, reduce or remove
any officer or employee of the City except (a) those required by this
Charter to be elected, and (b) those whose terms of office may be fixed
by this Charter. The Director of Law, the Director of Finance, the
Director of Public Safety, the Director of Public Service, and all
appointive officers may be removed by the Mayor; provided, however,
that such removal shall not take effect without the concurrence of
two-thirds (2/3) of the members elected to Council. The Mayor shall
execute on behalf of the City all contracts, conveyances, evidences
of indebtedness, and all other instruments, but the absence of the
seal shall not affect the validity of any such instrument. The Mayor
shall be recognized as the official and ceremonial head of the City
government by the Governor for military purposes and by the courts
for the purpose of serving civil processes.
SECTION IV-8. THE PRESIDENT OF COUNCIL.
During any period when the Mayor shall be absent or inaccessible or unable
for any cause to perform his/her duties, the President of Council shall
be the Acting Mayor and shall also continue as a Councilperson with
all the powers and duties of a Councilman. In the event the office
of the Mayor shall become vacant, the President of Council shall thereupon
become Mayor and his/her office as Councilperson shall become vacant,
and he/she shall serve as Mayor for the unexpired term. In the event
the President of Council is unable to attend a meeting of Council,
the remaining members of Council may select one of their members to
be the President of Council Pro Tem for that particular meeting. (Approved
by voters June 3, 1975.)
SECTION IV-9. ELECTION OF SUCCESSOR IN THE EVENT OF VACANCY.
Section 9 was repealed June 3, 1975.
ARTICLE V
ADMINISTRATIVE OFFICERS AND DEPARTMENTS
SECTION V-1. GENERAL PROVISIONS.
A Department of Law, a Department of Finance, a Department of Public
Safety, and a Department of Public Service are hereby established, and
the Council shall provide by ordinance for the organization thereof.
The Council may establish by ordinance new departments or divisions thereof.
With the exception of the Department of Law and the Department of Finance,
the Council may combine or abolish existing departments and divisions
as it may deem necessary and may authorize one person to be the head
of two or more departments or divisions. The Mayor may act as the Director
of the Department of Public Safety and/or the Department of Public Service.
SECTION V-2. DIRECTOR OF LAW.
The Director of Law shall be the head of the Law Department and shall
be appointed by the Mayor, subject to confirmation by a majority vote
of the members elected to Council. He/she may be removed from office
by the Mayor; provided, however, that such removal shall not take place
without the concurrence of two-thirds (2/3) of the members elected
to Council. The Director of Law shall serve the Mayor, the Council,
the administrative officers and departments, and the commissions and
boards of the City as legal counsel, and shall represent the City in
all proceedings in court or before any administrative body. He/she
shall act as the prosecuting attorney before the Mayor or upon any
appeal from decisions of the Mayor. He/she shall perform all other
duties now or hereafter imposed upon city solicitors by the laws of
the State of Ohio unless otherwise provided by ordinance of the Council,
and he/she shall perform such other duties as the Council or the Mayor
may impose upon him/her consistent with his/her office. No person shall
act as Director of Law unless duly admitted to practice law in the
State of Ohio.
SECTION V-3. DIRECTOR OF FINANCE.
The Director of Finance shall be the head of the Finance Department and
the fiscal officer of the City. He/she shall be appointed by the Mayor,
subject to confirmation by a majority vote of the members elected to
Council. He/she may be removed from office by the Mayor; provided,
however, that such removal shall not take place without the concurrence
of two-thirds (2/3) of the members elected to Council. He/she shall
serve the Mayor and the Council as financial advisor of municipal affairs.
He/she shall examine all payrolls, bills and other claims against the
City, and shall issue no warrant unless he/she shall find that the
claim is in proper form, correctly computed and duly approved, pursuant
to Article VIII of this Charter, that it is due and payable and that
an appropriation has been made therefor. He/she shall perform such
other duties, consistent with his/her office, as may be required by
this Charter, by ordinance of the Council, or as directed by the Mayor.
SECTION V-4. DIRECTOR OF PUBLIC SAFETY.
The Director of Public Safety shall be appointed by the Mayor, subject
to confirmation by a majority vote of the members elected to Council.
He/she may be removed from office by the Mayor, but such removal shall
not take place without the concurrence of two-thirds (2/3) of the members
elected to Council; provided, however, that if the Mayor acts as Safety
Director, the Council may, with the concurrence of two-thirds (2/3)
of the members elected to Council, remove him/her as such Safety Director.
The Director of Public Safety shall be the head of the Division of
Police, Division of Fire, Division of Building Engineering and Inspection,
and the Division of Health. He/she shall make all necessary rules and
regulations for the government of the Department of Public Safety and
the several divisions thereof, and he/she shall be charged with the
duty of enforcing all police, health, safety and sanitary regulations
that may be prescribed by ordinances or rules of the City or the general
laws of the State of Ohio. No appointment of a chief of a department
or a chief of the Division of Police or Fire shall be effective unless
and until the same receives the concurrence of two-thirds (2/3) of
the members elected to Council. The Director of Public Safety shall
perform such other duties, consistent with his/her office, as may be
required by this Charter, by ordinance of the Council, or as directed
by the Mayor.
SECTION V-5. DIRECTOR OF PUBLIC SERVICE.
The Director of Public Service shall be appointed by the Mayor, subject
to confirmation by a majority vote of the members elected to Council.
He/she may be removed from office by the Mayor, but such removal shall
not take place without the concurrence of two-thirds (2/3) of the members
elected to Council; provided, however, that if the Mayor acts as Service
Director, the Council may, with the concurrence of two-thirds (2/3)
of the members elected to Council, remove him as such Service Director.
The Director of Public Service shall have charge of all public works
and improvements and the construction thereof, and of all engineering
and inspection in connection therewith. He/she shall be charged with
the construction, improvement, repair and maintenance of streets, sidewalks,
alleys, lanes, bridges, wharves, docks, and breakwalls; of water mains,
pumps, systems, pipes, purification and filtration plants, and the
water distribution system; of sewers, sewage system, drains, ditches,
culverts, streams, water courses and harbors, and of all public buildings,
parks, playgrounds, cemeteries, and other public places belonging to
the City or dedicated to public use. He/she shall manage and control
cemeteries, market houses, sewage treatment plants, waterworks, and
all public utilities of the City supported in whole or in part by taxation,
and shall enforce all the obligations of privately owned or operated
public utilities enforceable by the City. He/she shall have charge
of the making and preservation of all surveys, maps, plans, drawings
and estimates for public work; the cleaning, resurfacing, repairing,
sprinkling and lighting of streets and public places; the collection
and disposal of waste; and the preservation of all property belonging
to the City and pertaining to the functions thereof. He/she shall perform
such other duties, consistent with his/her office, as may be required
by this Charter, by ordinance of the Council, or as directed by the
Mayor.
ARTICLE VI
THE CIVIL SERVICE COMMISSION
SECTION VI-1. MEMBERSHIP.
The Civil Service Commission shall consist of three (3) electors of the
City, not holding other municipal office or appointment, to be appointed
by the Mayor, with the concurrence of a majority of the members elected
to Council, for terms of six (6) years each, except that of the three
appointed for the term beginning January 1, 1952, one shall be appointed
for a term of two (2) years, one for a term of four (4) years, and one
for a term of six (6) years. A vacancy occurring during the term of any
member of the Civil Service Commission shall be filled for the unexpired
term in the manner authorized for an original appointment.
SECTION VI-2. OFFICERS.
The Commission shall designate one of its members as Chairman and may
appoint a Secretary who need not be a member of the Commission and
may hold other municipal office or appointment.
SECTION VI-3. DUTIES.
The Civil Service Commission shall provide by rule for the ascertainment
of merit and fitness as the basis for appointment and promotion in
the service of the City, as required by the Constitution and/or the
laws of the State of Ohio, and for appeals from the action of the Mayor
in any case of transfer, reduction or removal. The action of the Commission
on any such appeal shall be final except as otherwise provided by the
laws of Ohio. Civil Service examination shall not be required for the
appointment of any member of a board or commission, or any head of
a department other than the Division of Police and Division of Fire,
or any assistant to the Director of Law or to the Director of Finance,
or any secretary to the Mayor or to the head of any department, or
any officer or employee appointed by the Council, or for appointment
to any other office or position requiring peculiar and exceptional
qualifications. Any person who shall have served the City of Wickliffe
for at least one (1) year next preceding the taking effect of this
Charter may be retained in the same or any similar position without
examination. Except as herein provided, the Civil Service Commission
shall determine the practicability of competitive examinations for
any nonelective officer or job classification in the service of the
City.
SECTION VI-4. REMOVAL.
The Mayor may at any time suspend any Commissioner for inefficiency,
neglect of duty, malfeasance, misfeasance or nonfeasance in office,
incapacity or incompetency; provided, however, that such suspension
shall not become final without the concurrence of two-thirds (2/3)
of the members elected to Council.
SECTION VI-5. FUNDS.
A sufficient sum shall be appropriated by the Council each year to carry
out the civil service provisions of this Charter.
ARTICLE VII
PLANNING COMMISSION, ZONING ORDINANCE, AND BOARD OF ZONING APPEALS
SECTION VII-1. MEMBERSHIP.
The Planning Commission shall consist of the Mayor or a person appointed
by him/her to act in his/her stead as his/her deputy, one (1) member
of Council to be selected by the Council for such term as it shall determine,
and three (3) electors of the City not holding other municipal office
or appointment. The terms of the present members of the Planning Commission
shall expire on December 31, 1951. The three elector-members shall be
appointed by the Mayor, with the concurrence of a majority of the members
elected to Council, for terms of six (6) years each, except that of the
three elector-members appointed for the term beginning January 1, 1952,
one shall be appointed for a term of two (2) years, one for a term of
four (4) years, and one for a term of six (6) years. A vacancy occurring
during the term of any member of the City Planning Commission shall be
filled for the unexpired term in the manner authorized for an original
appointment.
SECTION VII-2. POWERS AND DUTIES OF THE PLANNING COMMISSION.
It shall be the function and duty of the Planning Commission to act as
the platting commissioners of the City, and as such it shall have control
of planning and shall provide regulations with respect to the platting
of all lands within the City so as to secure their harmonious development;
to provide for the coordination of streets with other streets and with
the official municipal plan; to provide for open spaces for traffic,
utilities, access of fire fighting apparatus, recreation, light and
air, and for the avoidance of congestion of population. It shall make
such regulations as it deems necessary as to the manner in which streets
and other public ways shall be graded and improved; the manner in which
and the extent to which water, sewer and other utility mains, piping
or other facilities shall be installed, or establish any other conditions
precedent to the approval of a proposed plat. The Commission shall
make plans and maps of the whole or any portion of the City and of
any land outside the City which, in the opinion of the Commission,
bears a relation to the planning of the City, and make changes in,
additions to, and estimates of such plans or maps when it deems the
same advisable. It shall have such powers as may be conferred upon
it by ordinance of the Council concerning the plan, design, location,
removal, relocation and alteration of any public building or structure
or those located on public streets or property, the location, relocation,
widening, extension and vacation of streets, parkways, playgrounds
and other public places, the zoning and rezoning of the City for any
lawful purpose, and such other powers as may now or hereafter be conferred
upon it by ordinance of the Council or the general laws of the State
of Ohio.
SECTION VII-3. FUNDS.
A sufficient sum shall be appropriated by the Council each year to carry
out the planning provisions of this Charter.
SECTION VII-4. MANDATORY REFERRAL.
No public building, street, boulevard, parkway, park, playground, harbor,
dock, wharf, bridge, tunnel, or publicly or privately owned utility
or part thereof shall be constructed or authorized to be constructed
in the City, nor shall any street, avenue, parkway, boulevard or alley
be opened for any purpose whatsoever, nor shall any street, avenue,
parkway, boulevard or alley be widened, narrowed, relocated, vacated,
or its use changed, or any ordinance referring to zoning or other regulations
controlling the use or development of land be passed, unless and until
it shall have been submitted to the Planning Commission for report
and recommendation. Any matter so referred to the Planning Commission
shall be acted upon by it within sixty (60) days from the date of referral
unless a longer time be allowed by Council. If the Planning Commission
shall fail to act within the time allotted, it shall be deemed to have
approved such matter. Any provision of any ordinance, resolution or
order disapproved by formal action of the Planning Commission shall
require a two-thirds (2/3) vote of all members of Council for adoption
or authorization.
SECTION VII-5. ZONING ORDINANCE AND BOARD OF ZONING APPEALS.
The Council shall pass such zoning ordinance and regulations as it deems
necessary. It shall create a Board of Zoning Appeals, whose members shall
be appointed by the Mayor with the concurrence of a majority of the members
elected to Council.
ARTICLE VIII
FINANCES
SECTION VIII-1. ANNUAL ESTIMATE.
The fiscal year of this City shall, unless Council by proper action adopts
a different date, be the same as that established from time to time for
cities by the general law of Ohio. Not less than forty-five (45) days
before the end of each fiscal year, the Mayor, with the assistance of
the Director of Finance, shall prepare and submit to the Council an estimate
of the revenues and expenditures of the City for the next succeeding
fiscal year. Such estimate shall be compiled from information which shall
be furnished by the head of each department, division, board or commission
in such form and detail as the Mayor may require. The estimate shall
furnish the following information:
(a) An estimate of the anticipated revenue from each source during the
next succeeding fiscal year, with a comparative statement of the amount
received from such source during the preceding one or two years and the
current year plus an estimate of such amounts for the remainder of the
current year, which estimates the Mayor shall receive from the Director
of Finance;
(b) An estimate of the expense of conducting each department and activity
of the City for the next succeeding fiscal year, together with comparative
statements as provided in the next preceding paragraph, with reasons
for increases or decreases;
(c) The amount of the total and net debt of the City, together with a
schedule of maturities of outstanding bonds and notes, which the Mayor
shall receive from the Director of Finance;
(d) An estimate of the value of supplies and materials on hand at the
date of preparation of the estimate;
(e) A statement of the unencumbered balance in each bond and improvement
fund, which the Mayor shall receive from the Director of Finance.
SECTION VIII-2. APPROPRIATION ORDINANCE.
The Mayor shall furnish to the Council, with the estimate hereinbefore
mentioned, an ordinance making appropriations for the expenditures
of the City during the year embraced by said estimate. The Council
shall adopt such ordinance in its original form or with such revision
as it may deem proper within such time as is fixed by general law,
or not more than one hundred eighty (180) days after the beginning
of the fiscal year embraced by said ordinance in the event no such
time is fixed. Such appropriation ordinance shall be in such form and
detail as may be required by the general laws of Ohio, and may be amended
or supplemented by the Council after its passage, but appropriations
shall not be made in excess of the estimated revenues of the City.
The Council may make preliminary appropriation for current expenses
sufficient in amount to meet the current needs until the annual appropriation
ordinance has been enacted and is in effect. The passage of any ordinance
authorizing the issue or sale of bonds or notes of the City shall constitute
an appropriation of the proceeds thereof to the purposes for which
said bonds or notes are issued.
SECTION VIII-3. TRANSFERS AND BALANCES.
The Council may transfer any part of an unencumbered balance of an appropriation
of any fund, to any purpose or object for which the appropriation for
the current year has proved insufficient, or may authorize a transfer
of moneys to be made between items appropriated to the same office
or department, except as follows:
(a) No transfer shall be made from any bond or note fund, except that
the unexpended balance of such fund no longer needed for the purpose
for which said fund was created shall be transferred to the fund from
which said bonds or notes are to be paid.
(b) No transfer shall be made of moneys raised or appropriated for the
payment of any bond or note of the City, until all indebtedness, interest
and other obligations which can lawfully be paid from such moneys have
been paid.
At the close of each fiscal year the unencumbered balance of each appropriation,
except appropriations to bond or note funds or any other trust or special
fund which the Council by law or by this Charter shall be authorized
to create, shall revert to the fund from which it was appropriated, and
shall be subject to future appropriation.
SECTION VIII-4. PAYMENT OF CLAIMS.
No money shall be drawn from the treasury, nor shall any obligation for
the expenditure of money be incurred, except pursuant to appropriations
made by the Council. No warrant for the payment of any claim shall
be issued until such claim shall have been approved in writing by the
head of the department or by the board or commission for which the
obligation was incurred. Each head of a department and his/her surety
shall be liable to the City for all loss and damage sustained by the
City by reason of the negligent or corrupt approval of any claim against
the City in his/her department. The Director of Finance shall have
power to require evidence that the amount of the claim is justly due
and is in conformity to law and ordinance, and for that purpose he/she
may summon before him any officer, agent or employee of any department
of this City, any claimant or other person, and examine him upon oath
or affirmation relative thereto. The Council may by ordinance provide
for additional regulations or controls with respect to the payment
of claims.
SECTION VIII-5. CUSTODY AND DEPOSIT OF FUNDS.
The Council shall by ordinance provide for the custody of all funds of
the City and for the deposit of funds in a bank or banks. All funds
received on behalf of the City by any officer, employee or agent thereof
shall be promptly paid over to the Director of Finance and by him/her
promptly placed in a depository bank, but the Council may authorize
such sums as it deems proper to be kept in cash for the daily operation
of any department or office. The Director of Finance, with the concurrence
of a majority of the members of Council present at a duly convened
meeting, shall invest moneys of the City in bonds or notes of this
City, or any other investment permitted by law, in such manner as is
now or hereafter authorized by general law for such investment by cities.
SECTION VIII-6. CERTIFICATION OF EXPENDITURES.
No contract, agreement or other obligation involving the expenditure
of moneys shall be entered into, nor shall any ordinance, resolution
or order for the expenditure of moneys be passed, adopted or issued
by the Council, or be authorized by any officer of the City, unless
the Director of Finance shall have first certified in writing to the
Council, or to the proper officer, as the case may be, that the money
required for such contract, agreement, obligation or expenditure is
in the treasury to the credit of the fund from which it is to be drawn
and not appropriated for any other purpose. The provisions of this
section shall not be construed to prevent the making of contracts for
a period extending beyond a single fiscal year when such contracts
are otherwise authorized by this Charter or by general law. All moneys
actually in the treasury to the credit of the fund from which they
are to be drawn, and all moneys applicable to the payment of the obligation
or appropriation involved that are anticipated to come into the treasury
before the maturity of such contract, agreement or obligation, from
taxes, assessments, license fees, or from sales of service, products
or by-products of any municipal undertaking, and moneys to be derived
from lawfully authorized bonds or notes, shall, for the purpose of
such certificate, be deemed to be in the treasury to the credit of
the appropriate fund, and shall be subject to such certification.
SECTION VIII-7. PURCHASES, CONTRACTS, PUBLIC BIDDING.
The Council may authorize expenditures of the funds of the City in amounts
exceeding ten thousand dollars ($10,000) without public bidding, for
the acquisition of real estate, for the discharge of noncontractural
claims against the City, for personal services, for the joint use of
facilities or exercise of powers with other political subdivisions,
or for the product or services of public utilities including those
municipally operated, but no other expenditures of more than ten thousand
dollars ($10,000) shall be made except pursuant to contract with the
lowest and most responsive bidder after public advertising and receipt
of bids in the manner provided by ordinance.
(Approved by voters 11-2-99.)
SECTION VIII-8. PUBLIC IMPROVEMENTS.
Public improvements of all kinds may be made by the appropriate department
either by the direct employment of the necessary labor and purchase
of supplies and materials, with a separate account as to each improvement
so made, or by contract let as provided in the next preceding section
either for a closed price or upon a unit basis.
ARTICLE IX
TAXATION
The Council may, without a vote of the people, levy taxes on property
assessed and listed for taxation according to value, for the purpose
of paying the current operating expenses and for the purpose of any other
expense which may lawfully be included within the general levy for the
general fund of the City and in addition to the purpose of police and
fire pensions not to exceed four and eighty-hundredths (4.80) mills per
dollar of assessed valuation.
If in any year authority is obtained to refund bonds within the ten
(10) mill limitation for the purpose of reducing the total tax rate for
county, school and municipal purposes, thereby releasing millage for
current operating purposes within the ten (10) mill limitation, the limitation
of the Section or Article may be exceeded in such year by the amount
of such millage reduction.
The Council shall annually levy a sufficient sum to pay the interest
and bond retirement fund charges on all bonds and notes of the City of
Wickliffe lawfully issued, and the expenses incident to the management
of the bond retirement fund, which entire levy shall be outside of limitations
provided in this Charter, but subject to limitations imposed by general
law, and placed before and in preference to all other levies. Amounts
certified under the laws of the State as necessary for such purpose shall
not be subject to change by Council.
The Council may at any time at least sixty (60) days prior to a November
election, declare by resolution, adopted by a vote of two-thirds (2/3)
of all members elected thereto, that the amount of taxes which may be
raised within the limitations of this Charter will be insufficient to
provide an adequate amount for the necessary requirements of the City
for current operating expenses, and other expenses payable from the general
fund of the City, and such permanent improvements and equipment as shall
have an estimated useful life of five (5) years or more, and that it
is necessary to levy taxes in excess of such limitations, in addition
to the levies authorized and limited by this Charter, for the municipal
purpose or purposes specified in such resolution. Such resolution shall
specify the additional sum which it is necessary to levy, the purpose
or purposes thereof, the additional rate estimated to be required therefor
and the date of any proposed election thereon. Such resolution shall
be effective upon its adoption and shall be certified within five (5)
days thereafter to the election authorities, who shall place such question
upon the ballot at the next succeeding November election. If a majority
of those voting thereon vote for the approval of such additional levy,
the Council shall immediately make such levy, or such part thereof as
it finds necessary, pursuant to such approval and certify the same to
the County Auditor, to be placed on the tax list and collected as other
taxes.
The authority of the Council to submit additional levies to a vote of
the people under authority of the Constitution or laws of this State
shall not be deemed impaired or abridged by reason of any provision contained
in this Charter.
Provided, however, that the Council shall not levy a tax on income at
a rate in excess of one-half percent (½%) without having obtained
the approval of such excess by a majority of the electors of the City
of Wickliffe, voting on the question at a general, special or primary
election. The Council of the City of Wickliffe shall file with the Board
of Elections, at least sixty (60) days before the day of the election
a copy of the ordinance together with a resolution specifying the date
such election is to be held, and directing the Board of Elections to
conduct the election.
Proceeds attributable to the City income tax at a rate of one and one-half
percent (1-1/2%) shall be disbursed in the following manner:
1. Seventy-five percent (75%) of such portion shall be placed in the
general fund for municipal purposes.
2. Twenty-five percent (25%) of such portion shall be placed in a separate
fund for capital improvements of the City including, but not limited
to the development and construction of sewers and water mains; to provide
for improvements and maintenance of streets; to provide for construction
and maintenance of public buildings; and to provide for parks and playgrounds.
The moneys credited to said fund may also be used for the purpose of
paying interest and principal on notes and bonds which may lawfully be
used for said purposes.
Proceeds attributable to the City income tax at a rate which exceeds
one and one-half percent (1-1/2%) shall be disbursed in the following
manner:
1. Fifty percent (50%) of such portion shall be placed in the general
fund for municipal purposes.
2. Fifty percent (50%) of such portion shall be placed in a separate
fund for capital improvements of the City including, but not limited
to the development and construction of sewers and water mains; to provide
for improvements and maintenance of streets; to provide for construction
and maintenance of public buildings; and to provide for parks and playgrounds.
The moneys credited to such fund may also be used for the purpose of
paying interest and principal on notes and bonds which may lawfully be
used for said purposes. (Approved by voters May 6, 1986.)
ARTICLE X
PROCEDURE FOR NOMINATIONS AND ELECTIONS
SECTION X-1. QUALIFICATIONS OF ELECTORS.
To qualify as an elector in any election for municipal office, a person
shall be a citizen of the United States and of the State of Ohio; shall
be not less than eighteen (18) years of age at the date of election;
and, shall have been a qualified elector of the State of Ohio for not
less than thirty (30) days, immediately prior to the date of election,
and if registration is required by law, shall have registered as such
elector with the election authorities in the manner and within the time
prescribed by such law. (Amended by voters November 6, 2001)
SECTION X-2. ELECTIONS.
A general election for the choice of elective officers provided for in
this Charter shall be held on the first Tuesday after the first Monday
in November in odd numbered years. Elections so held shall be known
as regular municipal elections. Such other elections shall be held
as may be required by law, or provided for in this Charter. (Approved
by voters May 6, 1969.)
SECTION X-3. NOMINATIONS.
Candidates for all offices to be voted for at any municipal election
under the provisions of this Charter shall be nominated at a nonpartisan
primary election to be held on the 7th Tuesday prior to such municipal
election. The name of any elector of the City shall be printed upon
the ballot, when a petition in the form hereinafter prescribed shall
have been filed in his/her behalf with the election authorities. Such
petitions shall be signed by at least fifty (50) electors of the City,
if for the nomination of a candidate for an office filled by election
from the City at large, and by at least twenty-five (25) electors of
the ward if for the nomination of a candidate for an office to be filled
by election from a ward. (Approved by voters May 6, 1969.)
SECTION X-4. PETITIONS.
The nominating petition shall set forth the name and address of the candidate,
the title or other description of the office to which election is sought
and the term thereof, and which shall be signed by the requisite number
of qualified electors of the City or ward or thereof. Such petitions
may consist of several petition papers, each being of the same form
and substance except as to the signatures thereon, and each separate
petition paper shall bear the written acceptance of the nomination
by the nominee named therein and the oath and signature of the circulator
of such separate petition paper. It shall be optional with the candidate
whether or not the petition papers shall contain the names of a committee
to represent such candidate in matters concerning the nomination and
election, and if the petition form contains space for such committee
the same may be left blank without invalidating the petition. (Approved
by voters May 6, 1969.)
SECTION X-5. FILING OF PETITION.
All separate petition papers of any candidate shall be filed together
as one petition, and the filing fee, if any, fixed by law, paid in
the office of the election authorities of Lake County, Ohio, at or
before 4:00 p.m. of the sixtieth (60th) day next preceding the primary
election day of each odd numbered year. Within ten (10) days after
the filing of such petition the election authorities shall notify the
candidate in writing, mailed to the address stated in the petition,
if such petition is sufficient, and if so, the name of such candidate
shall be placed upon the proper ballot as required by law and this
Charter. If the election authorities find that a petition is insufficient
or incorrect in form or substance the same shall be returned by registered
mail to the candidate with an explanation of the reasons for its return.
In such case, the candidate shall have an additional ten (10) days
from the date of such mailing in which to file additional signatures
or to correct the errors in the original petition, if possible, and
to refile the petition with the election authorities, not later than
4:00 p.m. on said tenth (10th) day. Upon such refiling, if the petition
is found by the election authorities to be sufficient in form and substance,
the candidate shall be so notified and his/her name placed upon the
proper ballot as required by law and this Charter. If the petition
as refiled is not sufficient or correct, it shall be rejected, and
the candidate so notified by mail.
(Approved by voters May 6, 1969.)
SECTION X-6. SELECTION OF CANDIDATES.
The number of candidates for any office at any regular municipal election
in the City at large or in the ward, as the case may be, shall be the
two candidates on the primary election ballot receiving the highest
number of votes at the primary election. In case there shall not be
for any office more than two persons who shall have filed petitions
as provided for in this Charter, the said persons shall be the candidates
at the regular municipal election and the primary for the particular
office shall not be held.
The names of each person who is nominated in compliance herewith shall
be printed on the official ballot at the general election, and the names
of no other candidates shall be printed thereon.
(Approved by voters May 6, 1969.)
SECTION X-7. PROTESTS.
Notwithstanding the provisions of Section 5 above, all petitions of candidates
accepted as valid and sufficient by the election authorities shall
be available for public inspection until 4:00 p.m. on the fortieth
(40th) day before such primary election and at or before that time
written protests against any one or more of such petitions may be filed
by any qualified elector eligible to vote for the candidate to whose
petition he/she objects. Such protest shall be filed with such election
authorities and it shall state the grounds for such protest, and no
grounds not so stated shall be considered in the hearing upon the protest.
Upon the filing of such protest and the election authorities with whom
it is filed shall promptly fix a time for the hearing of the same,
and shall give adequate notice by mail of the time and place of such
hearing to the person who filed the protest and also to the candidate
whose nomination is protested. At the time so fixed the election authorities
shall hear the protest and determine the validity or invalidity of
the petition. Such determination shall be final. (Approved by voters
May 6, 1969.)
ARTICLE XI
INITIATIVE, REFERENDUM AND RECALL
SECTION XI-1. INITIATIVE AND REFERENDUM.
Ordinances and other measures may be proposed by initiative petition
and adopted by election, and ordinances and other measures adopted by
Council shall be subject to referendum, to the extent and in the manner
now or hereafter provided by the Constitution or laws of the State of
Ohio.
SECTION XI-2. RECALL.
The electors shall have the power to remove from office by a recall election
any elected officer of the City. If an elected officer shall have served
six (6) months of his/her term, a petition demanding his/her removal
may be filed with the Clerk of Council, who shall note thereon the
name and address of the person filing the petition and the date of
such filing, and deliver to such person a receipt therefor and attach
a copy thereof to said petition. Such petition may be circulated in
separate parts, but the separate parts shall be bound together and
filed as one instrument. Each part shall contain the name and office
of the person whose removal is sought and a statement in not more than
two hundred (200) words of the grounds for the removal. Such petition
shall be signed by at least that number of electors which equals twenty-five
percent (25%) of the electors voting at the last preceding November
election. Within ten (10) days after the day on which such petition
shall have been filed, the Clerk shall determine whether or not it
meets the requirements hereof. If the Clerk shall find the petition
insufficient, he/she shall promptly certify the particulars in which
the petition is defective, deliver a copy of his/her certificate to
the person who filed the petition with him/her, and make a record of
such delivery. Such person shall be allowed a period of twenty (20)
days after the day on which such delivery was made in which to make
the petition sufficient. If the Clerk shall find the petition sufficient,
he/she shall promptly so certify to the Council, shall deliver a copy
of such certificate to the officer whose removal is sought, and shall
make a record of such delivery. If such officer shall not resign within
five (5) days after the day on which such delivery shall have been
made, the Council shall thereupon fix a day for holding a recall election,
not less than sixty (60) days nor more than seventy-five (75) days
after the date of such delivery. At such recall election this question
shall be placed upon the ballot: "Shall (naming the officer) be
allowed to continue as (naming the office) ? ", with provision
on the ballot for voting affirmatively or negatively on such question.
If a majority of the votes cast at such election shall be voted affirmatively,
such officer shall remain in office. If a majority of the votes cast
shall be voted negatively, such officer shall be considered as removed,
his/her office shall be declared vacant, and such vacancy shall be
filled as provided in this Charter. The officer removed by such recall
election shall not be eligible for appointment to the vacancy created
thereby.
SECTION XI-3. MANDATORY ZONING REFERENDUM.
Any ordinance, resolution or legislation which effects a change in the
existing zoning classification or district of any property, or which
changes the uses permitted in any zoning classification or district,
or which otherwise provides for a change in the use of any property
within the City of Wickliffe shall not go into effect until approved
by a majority of those electors of the City of Wickliffe voting upon
it at the next succeeding general election, primary election, or special
election occurring more than sixty (60) days after the passage of such
ordinance, resolution, or legislation.
(a) No action of the Council which authorizes a change in the zoning
classification or district of any property, or a change in the uses permitted
in any zoning classification or district, or a change in the use of any
property in Wickliffe shall ever be passed as an emergency measure.
(b) This amendment shall be severable and if any section, subsection,
part, word, or application thereof is held invalid for any reason, such
holding shall not invalidate or affect the force and effect of any other
section, subsection, part, word, or application thereof. (Approved by
voters November 8, 1977.)
ARTICLE XII
FRANCHISES
The Council may by ordinance grant a non-exclusive franchise to any person,
firm or corporation to construct or operate a public utility on, across,
under or above any public street or real estate within the City for a
period not in excess of twenty-five (25) years; and it may prescribe
in the ordinance the kind or quality of service or product to be furnished,
the rate or rates to be charged therefor, and such other terms as it
shall deem conducive to the public interest. Such franchise may be amended
or renewed in the manner and subject to the provisions established herein
for original grants. No consent of the owner of property abutting on
any public street or real estate shall be necessary to the effectiveness
of any such grant, amendment or renewal. All such grants, amendments
and renewals shall be made subject to the continuing right of the Council
to provide reasonable regulations for the operation of such utilities
with reference to such streets and public real estate, including the
right to require such reconstruction, relocation, alteration or removal
of structures and equipment used in such streets or public real estate
as shall, in the opinion of Council, be necessary in public interest.
ARTICLE XIII
AMENDMENTS TO CHARTER
SECTION XIII-1. VOTING PROCEDURE.
The Council may, by the affirmative vote of at least two-thirds (2/3)
of its members, submit any proposed amendment to this Charter to the
electors; and, upon receipt of a petition signed by not less than ten
percent (10%) of the qualified electors of the City setting forth any
proposed amendment to the Charter, it shall submit such proposed amendment
to the electors. The Council shall determine the manner of the submission
of any proposed amendment to the electors to the extent that such submission
is not governed by the Constitution and laws of the State of Ohio. If
any such proposed amendment shall be approved by a majority of the electors
voting thereon, it shall become a part of this Charter; except that if
two or more inconsistent proposed amendments on the same subject shall
be submitted at the same election, only the one of such amendments receiving
the largest affirmative vote, not less than a majority, shall become
a part of this Charter.
SECTION XIII-2. CHARTER REVIEW COMMISSION.
Commencing in the year 2008 and every ten (10) years thereafter, the
Mayor shall appoint, with Council approval, a Charter Review Commission
of nine (9) qualified electors holding no other office or appointment
in the City. A minimum of one Commission member shall reside in each
ward of the City. The Commission shall review the City Charter and,
no later than June 1 of the year following its creation, submit to
Council such alterations, revisions and amendments to the Charter,
if any, as it determines are desirable by a vote of two-thirds (2/3)
of its appointed members. Alterations, revisions or amendments to the
Charter shall be submitted by Council to the electors in the manner
set forth in this article.
(Approved by voters 11-2-99)
ARTICLE XIV
MISCELLANEOUS
SECTION XIV-1. EFFECTIVE DATE OF THE CHARTER.
For the purpose of nominating and electing officers of the City and fixing
the compensation of those elected in 1951, this Charter shall be in effect
from and after the date of its approval by the electors of the City;
and for all other purposes the Charter shall be in effect on and after
the first day of January, 1952.
SECTION XIV-2. EFFECT OF PARTIAL INVALIDITY; SAVING CLAUSE.
A determination that any part of this Charter is invalid shall not invalidate
or impair the force or effect of any other part hereof, except to the
extent that such other part is wholly dependent for its operation upon
the part declared invalid.
SECTION XIV-3. EFFECT OF CHARTER UPON EXISTING LAWS, ORDINANCES AND/OR
RIGHTS.
This Charter shall not affect any vested rights or accrued liabilities
of the Municipality of Wickliffe, nor any right or liability in any pending
suit or prosecution either on behalf of or against the Municipality,
nor any contract heretofore entered into by the Municipality, nor any
franchise heretofore granted by the Municipality, nor any prior or pending
proceeding for the authorization of public improvements or the levy of
assessments therefor. Except as a contrary intent appears herein, all
acts of the Council of the Municipality in effect on December 31, 1951
shall continue thereafter in effect until lawfully amended or repealed
.
SECTION XIV-4. INTERPRETATION OF THE CHARTER.
The Article and Section headings herein have been inserted for convenience
in reference and are not intended to define or limit the scope of,
or otherwise affect, any provision of this Charter.
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