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THE CHARTER
OF THE
CITY OF NEWTON FALLS, OHIO
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PREAMBLE
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We, the people of the City of Newton Falls, in the County of
Trumbull and the State of Ohio, in order that we may have the benefits of
municipal home rule and exercise all powers of local self-government, do
frame and adopt this Charter for the government of the City of Newton
Falls.
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ARTICLE I: INCORPORATION, POWERS AND
FORM OF GOVERNMENT
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SECTION 1.
INCORPORATION
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The
municipal corporation now existing as the City of Newton Falls shall
continue to be a body politic and corporate under the same name and with
the same boundaries, with authority to change its boundaries and annex
other territory contiguous thereto in the manner authorized by the general
laws of Ohio: but no territory shall be detached there from, nor shall the
city be annexed to any other municipality, without the consent of the
Council and a majority of the electors voting on such question.
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SECTION 2. POWERS
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The City
of Newton Falls, shall have all powers of local self-government now or
hereafter granted to municipalities by the Constitution and laws of Ohio,
and such further powers as may now or hereafter be granted by the laws of
Ohio; and all such powers shall be exercised in the manner prescribed by
this Charter, or if not prescribed herein, by ordinance of the Council
created hereby.
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SECTION
3. FORM OF GOVERNMENT
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The form
of government provided by this charter shall be known as "The
Mayor-Council-Manager Plan". The representative branch shall consist
of the Council and Mayor elected by the voters of the Municipality, and
shall possess respectively the legislative and judicial powers specified in
this Charter. The Council shall appoint a Manager who shall be the Chief
Administrative officer of the Municipality.
(Amended November 2, 1993)
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SECTION
4. CONFLICT OF INTEREST
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No member
of the Council, the Mayor or any other officer or employee of the City,
shall directly or indirectly have an interest in any contract, job, work or
service with or for the City; nor in the profits or emoluments thereof, nor
in the expenditure of any money on the part of the City other than his
fixed compensation; and any contracts with the City in which such officer
or employee is, or becomes, interested may be declared void by the Council.
(Enacted November 2, 1993)
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SECTION 5. USE OF
GENDER
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Wherever
in this Charter the male gender is used, it is hereby understood that it
shall include the female gender.
(Enacted November 2, 1993)
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ARTICLE II: MAYOR
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SECTION 1. ELECTION
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The Mayor
shall be elected at the regular municipal election of 1967 and every fourth
year thereafter for a term of four years. A Mayor may be elected to an
unlimited number of terms but may not serve any more than two consecutive
terms at one time. His term shall commence and he shall assume his office
on the first day of January next following such election and serve until
his successor is elected and qualified.
(Amended November 2, 1993)
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SECTION 2.
QUALIFICATIONS
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The Mayor
shall have been for at least one year prior to his election and during his
term of office shall continue to be a resident of the Municipality and a
qualified elector thereof and shall not be interested in the profits or
emoluments of any contract job, work or service with or for the City.
Any person
serving as Mayor who should cease to possess any
of said qualifications, or moves from the City, shall forthwith forfeit his
office. (Amended May 8, 2001)
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SECTION 3. DUTIES.
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The Mayor
shall serve as official and ceremonial head of the City government, shall
be recognized as head of the City government by the Governor for military
purposes and by the Courts for the purpose of serving Civil processes. He
shall be presiding member of the City Council and shall preside over all
Council sessions and shall be recognized as a member of Council, but shall
have a vote only in the event of a tie.
(Amended November 2 1993)
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SECTION 4. SALARY.
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The Mayor
shall receive a salary of four thousand eight hundred dollars ($4,800) per
year. The Council shall have authority to change the salary by ordinance,
but no such ordinance shall take effect as to the Mayor then in office.
Such an ordinance shall not be passed as an emergency ordinance and shall
be passed at least one hundred days before a primary election in order to
become effective for the following mayoral term.
(Amended by Ordinance 96-28.
Passed 2-10-97.)
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SECTION 5. ABSENCE
OR DISABILITY OF MAYOR OR VACANCY OF OFFICE.
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During any
period when the Mayor shall be absent or inaccessible or unable for any
cause to perform his duties, the Vice President of Council shall be acting
Mayor and shall also continue as Councilman with all the powers and duties
as councilman. He shall serve as Presiding Officer of the Council. In the
event the Office of Mayor shall become vacant, the Vice President of
Council shall thereupon become acting Mayor, but shall maintain all powers
and duties of his Council seat. The office of the Mayor shall remain
vacant, until the next Municipal election when a successor shall be
elected.
(Amended November 2, 1993.)
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ARTICLE III: CITY
COUNCIL
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SECTION
1. MEMBERSHIP AND TERMS.
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The
legislative powers of the City, except as limited by this Charter, shall be
vested in a Council consisting of five members of whom
shall represent each of the four wards within the City and one of whom
shall be an at-large member elected from the City at-large. The members of
the Council shall serve for a term of four years. A Councilman may be
elected to an unlimited number of terms but may not serve any more than two
consecutive terms at one time. His term shall commence on the first day of
January next following their election. At the 1979 general election, the
Councilmen from the second and fourth wards shall be elected for a term
commencing on the first day of January next following their election. At
the 1981 general election, the Councilman from the first and third wards
and the at-large member shall be elected for the term commencing on the
first day of January next following their election. Thereafter the
Councilmen shall be elected as herein set forth.
(Amended November 2, 1993.)
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SECTION
2. QUALIFICATION OF MEMBERS.
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Any
members of the Council shall have resided in the City of Newton Falls for
at least one year preceding his election,
and shall continue to reside in the City and be a qualified elector thereof
throughout his entire term of office. No member of the Council shall be
directly or indirectly interested in the profits or emoluments of any
contract, work or service with or for the City.
Any ward
Council member shall have also resided in the ward that he intends to
represent for at least one year preceding his election and shall continue
to reside in that ward and be a qualified elector thereof throughout his
entire term of office. Any person serving as a member of council who ceases
to possess any of said qualifications, or moves from the City, shall
forthwith forfeit his office. (05-08-01)
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SECTION
3. VACANCIES.
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Any vacancy in the office of Councilman shall be filled within
60 days by a majority vote of the remaining Councilmen. Upon failure
to make such appointment for the vacant office of Councilman within sixty
(60) days, the Mayor shall make such appointment within 5 days. A
qualified elector as defined in Article III; Section 2 of the affected ward
within the City shall fill vacancies of the office of Councilman. The
individual filling the vacancy shall be appointed only until a general
election can be held for the office. Should a
incoming member die, resign, or be disqualified between the election and
the time of taking office, the position shall be vacant until filled under
the provisions of this section. (Amended 5-7-91, 11-4-03)
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SECTION
4. REMOVAL.
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The office
of an elective officer of the City shall be declared vacant by resolution
of Council upon determination that the elected officer:
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- Does not possess, or has ceased to possess, the qualifications
of office; or
- Has failed to take the required oath or to give any bond
required of him within twenty days after notification of his
appointment of election, or obligation to give a new or additional
bond; or
- While in office has been convicted of a felony or crime
involving moral turpitude; or
- Is guilty of gross misconduct, gross neglect of duty,
misfeasance, malfeasance or nonfeasance in office; or
- Has been adjudicated legally incompetent; or
- Has violated his oath of office.
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Council
shall be the judge of the election and qualification of its own members. In
addition to the grounds for removal provided above, Council may remove any
of its members for persistent failure to abide by the rules of Council, or
for absence without justifiable excuse from three consecutive regular
meetings.
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The
decision of Council to remove an elective officer shall be made only upon
the affirmative vote of a majority of the members of Council entitled to
vote on such question after public hearing upon the charge or charges
brought, and provided further, that the accused officer shall have been
notified in writing of the charge or charges against him at least fifteen
days in advance of such public hearing; and provided further, that he or
his counsel shall have been given an opportunity to be heard, present
evidence, and examine witnesses appearing in support of such charge or charges.
An accused Member of Council shall not vote on the question of his removal,
the decision of Council after compliance with this section shall be final.
Upon the removal of such officer, the vacancy thereby occurring in such
office shall be filled in the manner provided by this Charter, and the
officer so removed shall not be eligible for appointment to fill such
vacancy.
(Amended November 2, 1993.)
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SECTION
5. SALARIES.
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The salary
of a member of the Council shall be three thousand six hundred dollars
($3,600) per year. The Council shall have authority to change the salary by
ordinance but only for succeeding Councils and not later than one hundred
days prior to a primary election for new Councilmen.
(Amended by Ordinance 96-29.
Passed 12-16-96.)
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SECTION
6. MEETINGS AND ORGANIZATION.
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Not later than the first Monday of January following
each regular Municipal election, the Council shall meet
at the Council Chambers of the City for the purpose of organization.
Thereafter the Council shall meet at such
times as may be prescribed by its rules, regulations, ordinances and
by-laws; but it shall hold regular meetings
at least twice during each month of the year. All regular and special
meetings of Council shall be subject to the
provisions of the Ohio Sunshine Law, codified in Section 121.22 of the Ohio
Revised Code.
(Amended 11-2-1993)(11-4-03)
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SECTION
7. SPECIAL MEETINGS.
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The Mayor,
Vice President of Council or any two members of Council. There shall be
given at least seventy-two hours notice in writing of such special meeting,
served personally on each member of Council or at his usual place of
residence. The specific purpose stated by the notification can only be considered
at such meeting. (Amended 5-8-2001, 11-4-03)
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SECTION
8. EMERGENCY MEETINGS.
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Emergency
meetings may be called by the Mayor or Vice President of Council, or any
two members of Council. There shall be at least ten hours notice in writing
of such emergency meeting served personally on each member of Council or at
his usual place of residence. Such notice shall state the subject (s) to be
considered at the meeting and no other and no other business may be
considered at such meeting. (05-08-01)
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SECTION
9. POWERS.
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All the
powers of the City and the determination of all matters of policy shall be
vested in the council. Without limitation of the foregoing, the Council, by
a majority vote, shall have power to:
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- Appoint, assign duties not otherwise specified in this Charter
and remove the City Manager;
- Establish other administrative departments;
- Adopt the budget of the City, levy taxes and special
assessments;
- Authorize the issuance of bonds, notes and other forms of
indebtedness by ordinance;
- Inquire into the conduct of any office, department or agency of
the City and make investigations as to municipal affairs;
- Appoint the members of the Civil Service Commission;
- Appoint the members of the Planning Commission;
- Establish all salaries and wages;
- Adopt plats;
- Adopt and modify the official map of the City;
- Regulate and restrict the height and number of stories of
buildings and other structures, the size of yards and courts, the
density of populations and the location and use of buildings for
trade, industry, business, residence or other purposes;
- Enact and adopt ordinance measures and regulations for the
establishment and preservation of the public peace, safety, health and
general welfare;
- Enter into contracts and grant franchises;
- Accept gifts and grants on behalf of the City;
- Provide for an independent audit;
- Determine and establish all rates, charges, assessments and
contracts pertaining to the use and service of public utilities;
- Perform such other duties and exercise such other rights, not
inconsistent with this Charter, as now or hereafter granted to the
legislative authority of any municipality in Ohio;
- The City Council shall appoint any qualified individual to
perform the duties of City Manager during the City Manager's temporary
absence or disability. Such approval shall be given by motion, to the
City Clerk. A member of City Council and the Mayor, shall be disqualified for such designation.
(Amended November 2, 1993, 11-4-03)
(Pursuant to an Ohio Ethics Opinion
advisory letter, a City Council member may not receive additional
managerial compensation if appointed pursuant to this Section.)
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SECTION
10. PROCEDURE OF COUNCIL.
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The
Council shall determine its own rules and order of business insofar as they
are not set forth in this Charter. The Council shall keep a journal of its
proceedings, which shall be a public record open to public inspection.
All
legislative action shall be by ordinance or resolution, except when
otherwise required by the Constitution or the laws of the State of Ohio,
but departmental procedure and administrative matters may be transacted by
motion recorded on the journal.
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SECTION
11. APPOINTMENT OF THE CITY MANAGER.
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The
Council shall appoint an officer of the City who shall have the title of
City Manager and shall have the powers and perform the duties in this
Charter provided. The Council shall set the terms and conditions of
employment prior to the appointment of the City Manager and such Manager
may be removed only in accordance with such terms and conditions.
(Amended 11-7-78)
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SECTION
12. INTERFERENCE WITH APPOINTMENTS.
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Neither
the Council nor any of its members shall direct or request the appointment
of any person to, or his removal from, office by the City Manager or by any
of his subordinates, or in any manner take part in the appointment or
removal of officers and employees in the administrative service of the
City. Except for the purpose of inquiry, the Council and its members shall
deal with the administrative service solely through the City Manager and
neither the Council nor any members thereof shall give orders to any
subordinate of the City Manager, either publicly or privately. Any
Councilman charged with violating the provisions of this section upon
conviction thereof, shall be guilty of a misdemeanor and shall thereby
cease to be a councilman.
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SECTION
13. DEPARTMENT, OFFICES, AND DUTIES.
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The
Council by ordinance may create, change and abolish offices, departments or
agencies other than the offices, departments or agencies established by
this Charter. The Council by ordinance may assign additional functions or
duties to offices, departments or agencies established by this Charter, but
may not discontinue or assign to any other office, department or agency any
function or duty assigned by this Charter to a particular office,
department or agency.
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SECTION
14. CITY CLERK.
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City Council shall appoint
a City Clerk and such other officers and employees of its own body as
necessary. The City Clerk shall also
serve as Clerk of Council. The City
Clerk shall keep the records of City Council and perform such other duties
as are required by ordinance or resolution.
All officers and employees of City Council shall serve during the
pleasure thereof. (Amended
11-2-93)(5-8-2001)(11-4-03)(11-2-2004)
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SECTION
15. ORDINANCES.
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In
addition to such acts of Council as are required by statute or by this
Charter to be by ordinance, every act of the Council establishing a fine or
other penalty or authorizing, the borrowing of money, or granting a
franchise, or to sell or lease real estate, or to create, abolish or reorganize
any departments, or offices, or to fix compensation, shall be by ordinance.
Council must also authorize the expenditure of funds by ordinance unless
the expenditure is authorized in a budget adopted by Council, or governed
by Article VIII Section 3 of this Charter. The enacting clauses of all
ordinances shall be, "The Council of the City of Newton Falls, State
of Ohio, hereby ordains."
(Amended November 2, 1993; May
8, 2001)
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SECTION
16. PROCEDURE FOR PASSAGE OF ORDINANCES AND FIRST READING.
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Every ordinance,
except emergency ordinances, shall be introduced in writing in the form in
which it is to be finally passed, and after passage on first reading shall
be published by title only, at least once, in a newspaper of general
circulation in the City, together with a notice of the time and place when
and where it will be given a public hearing and be considered for final
passage. The first such publication shall be at least one week prior to the
time advertised for the public hearing.
(Amended 11-1-78)
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SECTION
17. SECOND READING AND PUBLIC HEARING.
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At the
time and place so advertised, or at any time and place to which such
hearing shall from time to time be adjourned, such ordinance shall be read
by title only and after such reading all persons interested shall be given
an opportunity to be heard.
(Amended 11-7-78)
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SECTION
18. FURTHER CONSIDERATION AND FINAL PASSAGE.
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After such
hearing, the Council may finally pass such ordinance with or without
amendment, except that if it shall make an amendment which constitutes a
charge of substance, it shall not finally pass the ordinance until it shall
have caused the amended title to be published at least once, together with
a notice of the time and place when and where such amended ordinance will
be further considered, which publication shall be at least three days prior
to the time stated. At the time so advertised or at any time and place to
which such meeting shall be adjourned, the amended ordinance shall be read
by title only and a public hearing thereon shall be held and after such
hearing the governing body may finally pass such amended ordinance, or
again amend it subject to the same conditions. The second passage of any
ordinance pursuant to this Charter shall be final, and no further passage
shall be required.
(Amended 11-7-78)
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SECTION
19. PUBLICATION OF ORDINANCES AFTER FINAL PASSAGE AND PERMISSIVE
REFERENDUM.
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After
final passage every ordinance shall again be published by title only, and,
except as otherwise provided in this Charter, shall be subject to
permissive referendum as provided in Article VII, Section 2 of this
Charter. Every ordinance, unless it shall specify a later date, shall
become effective at the expiration of thirty days after such publication following
final passage, or, if the ordinance be submitted at a referendum election
then upon a favorable vote of a majority of those voting thereon except as
otherwise expressly provided by this Charter.
(Amended 11-7-78)
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SECTION
20. EXCEPTION AS TO NEWSPAPER PUBLICATION OF CODE ORDINANCES.
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Notwithstanding
the provisions of the foregoing sections, ordinances establishing
regulations for the construction of buildings, the installation of
plumbing, the installation of electric wiring, or any similar construction
code, or income tax code or regulations, or revision and recodification of ordinances without modification of
substance, which code or recodification it is
provided by the ordinance shall be published in printed form for
distribution need not be published in a newspaper, either before or after
final passage. At least three correct copies of the ordinance, in the form
in which it has been passed on the first reading shall, however, be made
available to public inspection in the office of the City Clerk and in lieu
of publication of the ordinance, there shall be published a notice,
describing the ordinance in brief and general terms and stating that the
ordinance is available for public inspection at the office of the City
Clerk, together with the time and place when and where it will be
considered for final passage, and after final passage, a notice describing
the ordinance in brief and general terms and stating that it is available
for public inspection in the office of the City Clerk and will take effect
thirty days after such publication unless submitted to referendum in which
event it will not take effect unless approved as required by law.
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Section
21. EMERGENCY ORDINANCES.
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When
necessary, for the preservation of the public peace, health, welfare, or
safety, the Council, by affirmation vote of two-thirds of the members
elected thereto, may adopt an emergency ordinance, which shall take effect
upon passage. Such emergency ordinance shall set forth and define the specific
facts designating the emergency. Such emergency ordinance shall require no
public hearing and both the first and second reading may be passed at the
same meeting. Such emergency ordinance shall be published as other
ordinances after final passage. No ordinance granting a franchise or fixing
a rate to be charged by a public utility shall be passed as an emergency
measure.
(Amended November 8, 1988)
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SECTION
22. RESOLUTIONS.
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Where
action by Council is not required to be by ordinance, Council may act by
resolution or motion. All resolutions shall require but one reading and no
publication, and shall take effect immediately upon their adoption.
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ARTICLE IV: CITY
MANAGER
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SECTION
1. QUALIFICATIONS.
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The
City Manager shall be chosen by City Council solely on the basis of his
executive and administrative qualifications as judged by the adequacy of
his technical training and/or his successful experience in public
administration. At the time of his appointment, the Manager need not
be a resident of the City or State, but within six (6) months of his date
of appointment he shall become an elector of the City and maintain that
status throughout the balance of his period of service as City
Manager. Council shall fix the City Manager’s salary, terms and
conditions of employment. (Amended 5-8-2001)
No
elected officer of the City may be appointed to the office of City Manager
within two (2) years after the expiration of the elected term. (Amended 5-4-93,
05-08-01, 11-4-2003)
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SECTION
2. DUTIES.
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The City
Manager shall be the administrative head of the City.
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- He shall in accordance with the law appoint, supervise, suspend
and remove all officers and employees of the City under his
jurisdiction.
- He shall see that the contracts and ordinances of the City and
the laws of the State of Ohio are enforced.
- He shall make such recommendations to the Council concerning
the affairs of the City as may seem to him desirable, keep Council
advised of the financial condition and future needs of the City,
prepare and submit an annual report, and such other reports as may be
required by Council, issue all licenses and permits pursuant to
ordinance, and perform all other duties prescribed for him in this
Charter, or imposed upon him by any measure of Council.
- The City Manager, together with such subordinates as he shall
designate, shall be entitled to sit with Council and all of the City's
boards and commissions of the city, and to take part in any
discussion, but shall have no vote; except as may be otherwise set
forth in this charter.
- Specifically, however, the City Manager shall not be entitled
to sit with the Civil Service Commission and the Charter Review
Commission.
- The City Council shall appoint any qualified individual to
perform the duties of City Manager during the City Manager's temporary
absence or disability. Such approval shall be given, by motion, to the
City Clerk.
- He shall prepare with the assistance of the Finance Director no
later than December 15 of each year, the annual budget, submit them to
Council, and administer the appropriations adopted by Council.
- He shall act as purchasing agent for the City and shall sign
all contracts, bonds and notes on behalf of the City.
(Amended November 8, 1988; November 2, 1993; May 8, 2001)
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ARTICLE V:
DEPARTMENTS
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SECTIONS
1. DEPARTMENT OF LAW.
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There shall be a
Department of Law, the head of which shall be the Director of Law, who
shall be appointed and removed by Council and shall serve under the
supervision of the City Manager.
The Director of Law shall be an
attorney-at-law who shall have practiced in this State for at least five
years.
The Director of Law shall be the chief
legal advisor of all offices, departments and agencies and of all officers
and employees in matters relating to their official powers and duties. He shall represent the City in all legal
proceedings, unless otherwise authorized by City Council, necessitated by
contractual obligations, or as required by law. It shall be his duty to perform all
services incident to the Department of Law as may be required by statute,
or by ordinance or resolution of the council. (Amended 11-2-93)(11-4-2003)(11-2-2004)
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SECTION
2. DEPARTMENT OF FINANCE.
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There
shall be a Department of Finance, the head of which shall be the Director
of Finance, who shall be appointed and removed by Council, and under the
supervision of the City Manager.
The
Director of Finance shall provide a bond with surety and in such amount as
the Council may require by ordinance; the premium for such bond shall be
paid for by the City.
The
Director of Finance shall be the chief fiscal officer and shall have charge
of the administration of the financial affairs of the City and to that end
he shall have authority and shall be required to keep the financial records
of the City, exhibiting accurate statements of all moneys received and
expended, of all property owned by the City, and of all taxes and
assessments. He shall advise the City Manager concerning the financial
condition of the City and shall examine all payrolls, bills and other
claims against the City and shall issue no warrants unless he finds that
the claim is in proper form, correctly computed, duly approved and that an
appropriation has been made therefore. He shall collect all money due and
payable to the City and shall be the custodian of all public money of the
City and shall disburse the same as may be required by law or ordinance. He
shall examine and audit the accounts of all other officers, employees,
departments, boards and commissions, and shall assist the City Manager in
the preparation and submission of appropriation measures, estimates,
budgets, and other financial matters. He shall perform all other duties now
or hereafter imposed on City Auditors and Treasurers under the laws of the
State of Ohio and shall perform such other duties, consistent with his
office, as may be required by the City Manger.
The
Director of Finance shall be qualified by training and experience to
discharge the duties of the Department of Finance in a capable manner. The
Director of Finance shall have knowledge of municipal accounting and
taxation and shall have had experience in budgeting and financial control.
The
Council, by a majority affirmative vote, may designate an officer or
employee of the City, who during absence or disability of, or during a
vacancy in the office of Director of Finance, shall exercise the powers and
discharge the duties and functions of the Director of Finance, under the
title of Acting Director of Finance.
(Amended November 8, 1988;
November 2, 1993)
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SECTION
3. POLICE DEPARTMENT.
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There
shall be a Newton Falls Police Department, the head of which shall be the
Chief of Police, who shall be appointed and removed by Council and under
the supervision of the City Manager.
The Chief
of Police shall have sole jurisdiction and control over the Police
Department and its employees in accordance with the laws of the State and
the rules and regulations of the Newton Falls Police Department. The Chief
of Police shall appoint, supervise and discipline up to the point of
dismissal, all officers and employees under his jurisdiction and control.
Notwithstanding any other section of this Charter that precludes Council or
its members from participating in the removal of an employee, dismissal of
an employee of the Police Department shall be made by a two-thirds vote of
a panel consisting of the two Council members of the Public Safety
Committee and the City Manager, upon recommendation of the Police Chief.
(Amended May 4, 1993; Ord 93-10. Passed 2-15-93)
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SECTION 4. ZONING
DEPARTMENT
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Duties of Zoning
Administrator shall be:
Administer and enforce all
laws, rules and regulations contained in the zoning ordinance. Attend all Planning & Zoning
Commission meetings and provide technical assistance as a non-voting
member. Provide a monthly report of
activities, fees collected and permits issued to Council. Collect all fees necessary for the
issuance and inspections related to zoning and planning requirements. (Section enacted 11-4-2003)(11-2-2004)
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SECTION
5. DEPARTMENT HEADS.
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The department heads
listed in this section shall in conjunction with the City Manager have the authority
in their departments to supervise and discipline up to the point of
dismissal, all employees under their jurisdiction and control.
The department heads
are the Law Director (Director of Law), the Finance Director (Director of
Finance), Police Chief (Chief of Police), Zoning Administrator (Zoning and
Inspection Administrator), and the designated head of any other department
that is lawfully established and funded by the City.
(Amended 05-08-01, 11-4-2003)
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ARTICLE VI:
COMMISSIONS AND BOARDS
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SECTION
1. CIVIL SERVICE COMMISSION.
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The Civil
Service Commission shall consist of three members, who shall be qualified
electors of the City and shall be appointed for terms of six years each by
a majority vote of the members elected to Council; provided that the first
persons appointed by Council pursuant to this section shall be appointed as
follows; one member shall be appointed for a two year term, one member
shall be appointed for a four year term, and one member shall be appointed
for a six year term and thereafter each member shall be appointed for a six
year term and shall continue in office until his successor is appointed.
The Commission members shall designate one of the three as chairman and one
of the three as secretary. No member of the Civil Service Commission
shall hold any other office or employment with the City and not more than
two such members shall be members of the same political party. Each
member of the Civil Service Commission shall be paid $10.00 per meeting,
not to exceed $100.00 per year and to be paid on or before December 31.
The civil
service of the Municipality is hereby divided into unclassified and
classified service. The unclassified service shall include:
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City Manager
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City Clerk
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Director of Law
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All other employees of the Council
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Director of Finance
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All temporary employees
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Police Chief
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All part-time employees
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Unskilled Labor
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All employees of the Newton Falls Municipal Court
system
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Zoning Administrator
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Members of Boards and Commissions established by
this Charter or by ordinance of Council
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Emergency Management Director
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All elected officials and secretaries
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Employees of professional qualifications engaged as
consultants
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The
classified service shall comprise all positions not specifically included
by this section in the unclassified service. The Civil Service Commission
may certify the top three candidates from a promotional exam to the
appointing officer for promotion to any position within the classified
service.
The
Commission shall have all powers and duties granted and imposed by the
general laws of the State of Ohio to civil service commissions, and shall
be controlled by such statutes except where the same are in conflict with
this Charter.
(Amended 11-02, 1993, 05-08-01,
11-04-03)
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SECTION
2. PLANNING& ZONING COMMISSION.
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There shall be a City
Planning & Zoning commission which shall consist of five voting
members, who shall be qualified electors of the City and who are appointed
by the Council, none of whom shall hold any other public office or position
in the City. The Commission shall
elect its chairman from among voting members. Each member of the Planning and Zoning
Commission shall be paid $10 per meeting, not to exceed $150.00 per year to
be paid on or before December 31 of each year.
The term of the appointive members shall be five years. Any vacancy during the unexpired term of
an appointive member shall be filled by the Council for the remainder of
the term.
The Commission shall have all powers and duties granted and imposed by the
general laws of the State of Ohio to planning commissions and zoning
boards, and shall be controlled by such statutes except where the same are
in conflict with this Charter. (Amended 5-8-01; 11-4-2003)(11-2-2004)
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SECTION
3. PARKS AND RECREATION BOARD.
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The Park and Recreation board shall consist of two (2) members
of Council appointed by a majority vote of Council, the Mayor, and two
qualified electors of the City who are appointed by Council, for a term of
three years each and shall continue in office until his successor is
appointed. Each appointed member of
the Parks and Recreation Board not a member of Council shall be paid $10
per meeting, not to exceed $100 per year to be paid on or before December
31 of each year.
The Parks
and Recreation Board is an advisory body that reviews and evaluates the
policies, development, maintenance, conditions and operations of the City’s
parks, playgrounds, Community Center and/or other recreational facilities
and programs and then forwards its recommendations on how to best meet the
community’s recreational needs to Council for its consideration. (Amended 5-8-01;
11-4-2003)(11-2-2004)
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SECTION
4. TREASURY INVESTMENT BOARD.
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The
Treasury Investment Board shall consist of the Director of Finance, City
Manager, Law Director, and two members of Council. Council's
representatives to the Treasury Investment Board shall include the Chairman
of the Finance Committee and one other member chosen by a majority vote of
Council. Each Council representative's term on the Treasury Investment
Board shall be the same as his term on Council.
The
Treasury Investment Board shall supervise and control the direction of the
investments of any surplus, reserve, or inactive funds of the City and
shall direct the investments as are permitted to fiduciaries by general
law.
The
Treasury Investment Board shall hold a quarterly meeting and submit a
written report to City Council following each meeting of the Board. (Amended May 8, 2001)
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SECTION
5. REPORTS BY THE COMMISSIONS AND BOARDS.
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All
Commissions and Boards authorized in this Charter or appointed by Council
or the City Manager are hereby required to provide a written annual report
for the preceding calendar year. Any such report shall be submitted to the
City Clerk by not later than January 31st of each year, distributed to
Council, and read at the next regular Council meeting. Any such annual
report shall include a statement of all funds expended by the
commission/board and the activities engaged in by the commission/board
during the preceding calendar year. (Amended May 8, 2001)
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SECTION
6. REMOVAL OF BOARD/COMMISSION MEMBERS.
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Any member appointed by
Council to any Board or Commission, may be removed from such office in the
same manner as removal of elective officers, as specified in Article III,
Section 4 of this City Charter. Such action for removal shall only be
initiated by a majority vote of the Board or Commission recommending
removal of one or more of its members to City Council. (Amended
11-7-1996)(11-4-2003)
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ARTICLE VII:
ELECTIONS, GENERAL PROVISIONS
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SECTION
1. PROCEDURES FOR NOMINATION AND ELECTION.
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Unless
otherwise provided in this Charter and its amendments, elections in the
City of Newton Falls shall be conducted in accordance with the general laws
of the State of Ohio as administered by the Trumbull County Board of
Elections.
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SECTION
2. INITIATIVE AND REFERENDUM.
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The rights
of initiative and referendum upon ordinances and action taken by Council as
prescribed in the Constitution of the State of Ohio and as set forth in the
general laws of the State of Ohio, are hereby reserved to the people and
shall be carried out according to the Constitution and the laws of this
State.
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SECTION
3. REMOVAL OF ELECTIVE OFFICERS.
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Except as
otherwise provided in this Charter, the removal of elective officers as
prescribed in the Constitution of the State of Ohio and set forth in the
general laws of the State of Ohio, is hereby reserved to the people and
shall be carried out according to the Constitution and the laws of this
State.
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SECTION
4. RECALL.
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Any member
of Council or Mayor may be removed from office before expiration of his
term by the qualified voters of the City. Procedure for such recall shall
be that provided by the laws of the State.
(Enacted November 8, 1988)
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SECTION
5. OPEN ELECTIONS.
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The
Primary Election shall be an opened primary whereby the two candidates that
receive the most votes would face each other in a November General
Election. The two candidates receiving the most votes in the primary would
proceed to the November General Election irrespective of any party
affiliation or designation of a party. In the Primary Election, the
candidates running for election may designate a party, or choose not to.
Irrespective of the party designation, only the two candidates with the
highest number of votes would proceed to the November General Election.
(Enacted November 8, 1988)
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ARTICLE VIII:
FISCAL YEAR, TAXATION, PURCHASES
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SECTION
1. FISCAL YEAR.
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The fiscal
year of the City shall begin with the first day of January and shall end
with the next succeeding thirty-first day of December.
The first
fiscal year, as established by this Charter, shall commence on the first
day of January 1968.
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SECTION
2. LIMITATION ON TAX RATE.
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The powers
of Council to levy taxes shall be subject to the limitations now or
hereafter provided by the Constitution and the general laws of the State of
Ohio and nothing contained in the Charter shall be construed as authorizing
the levy of any taxes in excess of such limitations without a vote of the
people.
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SECTION
3. CONTRACTS AND PURCHASES.
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The
Manager may, within the amounts and items appropriated by the Council, make
purchases and enter into contracts in behalf of the City without
competitive bidding, in accordance with the provisions of the general laws
of this State, except as may be otherwise provided by ordinance of the
Council. No purchase in excess of those limitations provided by the general
laws of this State, shall be made except with the lowest and best bidder as
determined by Council after advertising for bids, in writing, for a period
of at least two weeks in a newspaper of general circulation within the
City; provided, however, that the Council may authorize a contract for
personal services without advertising for bids, and Council may authorize a
purchase or a contract involving an expenditure in excess of the limits as
provided by the general laws of this State, without advertising for bids,
if it determines and declares by an affirmative vote of all members that an
emergency exists and sets forth the nature of the emergency in its
resolution or ordinance.
(Amended 11-7-78, 05-08-01)
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ARTICLE IX:
SUCCESSION IN GOVERNMENT
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SECTION
1. RIGHT OF OFFICERS AND EMPLOYEES.
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EDITOR'S
NOTE: Former Section 1 was repealed by the voters on November 7,
1978.
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SECTION
2. CONTINUANCE OF PRESENT OFFICERS.
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EDITOR'S
NOTE: Former Section 2 was repealed by the voters on November 7,
1978.
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SECTION
3. STATUS OF OFFICERS AND EMPLOYEES HOLDING POSITIONS WHEN THE CHARTER
TAKES EFFECT.
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EDITOR'S
NOTE: Former Section 3 was repealed by the voters on November 7,
1978.
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SECTION
4. TRANSFER OF RECORDS AND PROPERTY.
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EDITOR'S
NOTE: Former Section 4 was repealed by the voters on November 7,
1978.
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SECTION
5. CONTINUITY OF OFFICES, DEPARTMENTS OR AGENCIES.
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EDITOR'S
NOTE: Former Section 5 was repealed by the voters on November 7,
1978.
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SECTION
6. CONTINUANCE OF CONTRACTS AND PUBLIC IMPROVEMENTS.
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EDITOR'S
NOTE: Former Section 6 was repealed by the voters on November 7,
1978.
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SECTIONS
7. PENDING ACTIONS AND PROCEEDINGS.
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EDITOR'S
NOTE: Former Section 7 was repealed by the voters on November 7,
1978.
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SECTION
8. WHEN PROVISIONS TAKE EFFECT.
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EDITOR'S
NOTE: Former Section 8 was repealed by the voters on November 7,
1978.
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SECTION
9. GENERAL LAWS, ORDINANCES, ETC. SHALL PREVAIL.
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Insofar as
they are not inconsistent with or contradictory to the provisions of this
Charter, or to the provisions of any lawfully enacted ordinance the general
laws of this State shall be the law for the City of Newton Falls. All
existing ordinances, resolutions, regulations, contracts and commitments of
the City of Newton Falls not inconsistent with or contradictory to the provisions
of this Charter, shall remain in full force and effect until changed by
proper authority of the City of Newton Falls.
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SECTION
10. ADMINISTRATIVE FUNCTIONS NOT ASSIGNED.
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The City
Manger shall have power to perform any and all administrative functions not
herein otherwise assigned until changed by ordinance.
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SECTION
11. DISCONTINUANCE OF OFFICES.
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EDITOR'S NOTE: Former Section 11 was repealed by
the voters on November 7, 1978.
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SECTION
12. Zoning & Property
Maintenance Appeals Board
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EDITOR’S
NOTE: Former Article VI,
Section 7 was repealed by the voters on November 2, 2004.
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ARTICLE X:
AMENDMENTS TO CHARTER
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The
Council may, by affirmative vote of four-fifths or more of its members,
submit to the electors any proposed amendment or amendments to this
Charter; or upon petition signed by not less than ten percent of the
electors of the City setting forth any proposed amendment or amendments to
the Charter, the Council shall forthwith submit such proposed amendment or
amendments to the electors in accordance, in each instance, with the
provisions of the Constitution.
If any
such proposed amendment or amendments shall be approved by a majority of
the electors voting thereon, it or they 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.
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ARTICLE XI: CHARTER
REVIEW
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SECTION
1. COMMISSION.
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At the
first regular Council meeting in February 1998, and similarly each five
years thereafter, Council shall appoint a commission of seven qualified
electors, whom shall hold no other office or appointment in the City at the
time of their appointment, to serve as a Charter Review Commission. The
seven shall be chosen from a list submitted of available citizens and voted
on by a majority vote of Council. The top seven vote getters will be on the
Commission. The appointed members shall elect their own chairman. Within
four calendar months of the date of their appointment said Commission shall
recommend to Council such alterations, revisions, and amendments, if any,
to this Charter as in the judgment of a majority of said Commission are
desirable. City Council shall submit to the electors all such proposed
alterations, revisions, or amendments to be voted on at the next general
election. Each said commission shall cease to function on the day of the
next general election following its appointment.
(Amended November 2, 1993)
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ARTICLE XIII:
EFFECT OF PARTIAL INVALIDITY
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In the
event of a determination that any part of this Charter is invalid such
determination 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.
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