rte teas «9 op Ra ciecke Say i ll A cola oi si P roposed Charter POR? FHE City of Toledo Prepared and Proposed by The Charter Commission Election Day—Tuesday, Nov. 3, 1914 ia : IDS 1454 As . , TABLE OF CONTENTS. Chapter mpage I— How and When Charter Takes Effect—Construc- {HON “oe. so 1G DR es eee ee 7 We#Powers of thecCity i icc. ). 17. oe eee ans >: ITI—-Nommations and Elections .....8a.¢....%. ogee II I'V—Legislative Powers and Duties .. i>. sas. eee yg Vi —The Executive sev. coos 5 sae do er 27 VI—Initiative, Referendum-and Recall ............ 31 VIl—Administrative Departments and Divisions ..... 37 VITI-—The Crvil -Service GCommuisstont—- ome ae foe 53 IX—Commission of Publicity and Efficiency ........ 59 X—Commissions of the Sinking Fund and of City Plan’ 3... ka s-teoesyee ee 61 XI—-Assessments and Improvements ............... 63 XT ranchises - . wa/ dxsveysct ia be vee ae 70 N111—Contracts25 2:55. | sie wists See eee 74 XIV —Sub- Divisions a Dedications : ot ode ee 75 F ToLEepo, OHIO, JULY 2IST, 1914. To THE HonorRABLE CHARTER COMMISSION. Gentlemen: The undersigned, committee on arrangement and phras- eology, beg leave to report that they have taken-the printed copy of the report of the committee of the whole as revised at the last meeting of the commission, and have re-arranged its various sections and revisions, ‘with a view to producing a systematic result. In so doing it was necessary, in some in- stances, to break sections, and transfer provisions from one section to another, but, speaking generally, it is the opinion of the committee that every provision in the draft referred to has been preserved in effect, except that the section which gave council power to fill vacancies in elective offices has been en- tirely omitted, for the reason that, owing to the change in the manner of choosing the director of finance and the director of law, there was nothing for the section to operate upon, and séction 126, as numbered in the printed draft, being the section creating a director of the department and chief examiner for the classified list. We respectfully recommend that this sec- tion be omitted. j A large part of the work of the committee has been in the direction of condensation, by bringing together in one place provisions that were repeated, and by omitting other portions that were clearly redundant. ; The committee recommends that the charter be arranged in the following order: PREAMBLE. Cuapter I, How and When Charter Shall Take Effect, under which are grouped seven sections. Cnapter II, Powers of the City, three sections. Cyaprter III, Nominations and Elections, fifteen sections. Craprer IV, Legislative Powers and Duties, thirty-five sec- tions. : Crapter V, The Executive, fourteen sections. Cuarter VI, Initiative, Referendum and Recall, twenty-six sections. CHAPTER VII, Administrative Departments and Divisions, sixty-two sections. Cuaprer VIII, The Civil Service Commission, fourteen sec: tions. Cuapter IX, Commission of Publicity and Efficiency, six sec: tions. - D94A5R14 CHAPTER X, Commissions of the Sinking Fund and of City Plan, six sections. CHAPTER XI, Assessments and Improvements, twenty-one sec- tions. CHAPTER XII, Franchises, ten sections. CuapTer XIII, Contracts, six sections. CHAPTER XIV, Sub-Divisions and Dedications, five sections. The committee ventures to suggest a number of new things for the charter, not only for the purpose of clarifying the original draft, but to complete what it conceives to be the commission’s wish. We add sections 6 and 7 of the committee’s report, 6 be- ing a section on definitions of words, by the use of which much space was saved in the body of the instrument; and section 7 providing that the provisions of the charter should have appli- cation to every condition to which they seem to be pertinent. To the eneumerated powers of the city, section 8 as we number it, we have added to clause (g) a limitation that no obligation of the city should be sold for less than par and ac- crued interest; and to clause (f) we have added what was in the printed draft a separate section, the provision that taxes could be collected for the purchase, etc. of play grounds, gym- nasiums and recreation facilities. We have materially modified what we number section go, being a part of section 21 of the printed draft, to provide a time within which nominations might be made by primary for candidates to contest with the recalled officer. The original section was clearly inoperative. And we have added provi- sions to the chapter which were not in the original draft, pro- viding duties to the clerk to notify the election authorities of the impending election and to certify facts to the council; and also to the chapter prescribing the duties of the council, a di- rection to pass as an emergency measure provision for the pay- ing of the expense of special elections. We have also suggested as new matter what we number sections 121, 122 and 123, requiring the director of finance to inform the council, the mayor and the commission of publicity and efficiency of the condition of the bonded indebtedness of ~ the city before any new issue is authorized to be made, and to make a report on the complete indebtedness of the city an- nually, and to make imperative the acceptance of unconditional » bids for bonds only. We have also taken the liberty of amplifying printed sec- tion 84, which we number 124, to provide that the accounting system installed shall show completely at all times the condi- tion of the city’s assets and liabilities, and the value of its properties and the state of the several funds of the city, and to be in all respects, as far as the nature of the city’s business permits, such as are maintained by the best business usage. The committee recommend a section, which it has num- bered 165, providing that the organization of the department of public utilities shall be held in abeyance until further public utilities are acquired, and that in the meantime the division of water shall be under the department of public service. -We have also drafted sections 158, 159 and 160, pro- _viding for divisions of light and heat, transportation, commu- nications, to be operative when utilities of that character are respectively acquired. We recommend sections 161 and 162, which we have drafted, making provision that every public utility operated by the city should be managed to bear a revenue that will defray all of its expenses, including those of depreciation, mainte- nance and the extinguishing of indebtedness; and for the in- stallation of an accounting system that will make it possible to know what rate of service to charge in order to have the revenue meet the expenses. The committee further recommends, in the interest of uniformity, that the bureau of research, etc., be called the commission of publicity and efficiency, as in chapter 9; and that the trustees of the sinking fund be called the commission of the sinking fund. We have taken the liberty of completely rewriting and greatly enlarging the powers of the commission on publicity and efficiency, known as the bureau of research, etc., in the original draft, in an effort to make it an independent and effi- cient agency of municipal affairs, both to disseminate informa- tion as to the conduct of the city’s business, and to suggest improved methcds. As part of its functions, we suggest it be given the editing and publication of the Toledo City Journal, and request the commission’s careful attention to the legisla- tion we propose, as contained in cur chapter 9. We have modified printed section 169, which is 231 in our numbering, in order to make its provisions consistent with the provisions for a city plan commission. The modification consists in requiring the cooperation of the platting commis- sion with the city plan commission respecting the approval of the platting of lands and streets, etc. Section 77, and the last sentence of 94 are new, recommended by us. We also recommend that the division of cemeteries be transferred as we have done, to the department of public welfare, because of its intimate relation to public health, and we have added the second paragraph to section 104. The committee has made a uniform provision that mem- bers of the various commissions, civil service, etc., shall take their office the first day of April, and has so rewritten the sev- eral sections authorizing their appointment as to make it clear that terms shall lap, and that but one commissioner on each of the several commissions shall begin a new term, excepting in rase of vacancy, in any one year. Other important changes | will be orally submitted. Respectfully submitted, Joun M. KIrtirs, DaniEL H. JAMES, Wan. B. GUITTEAU. THE CHARTER of the Chin or LOLEDO Preamble. We, the people of the City of Toledo, in order fully to secure and exercise the powers of local self-government, do enact and ordain this charter. CHAPTER I. HOW AND WHEN CHARTER TAKES EFFECT—CONSTRUCTION. When Charter Shall Take Effect. SecTION 1. For the purpose of nominating and electing officers and all purposes connected therewith, and for the pur- pose of exercising such preliminary legislative powers by the city council as are herein provided, this charter shall take effect on the first day of January, 1915. For the purpose of estab- lishing departments, divisions, and offices, and distributing the functions thereof, and for all other: purposes, it shall take effect on the first day of January, 1916. The council during _the year 1915 may pass any ordinance, to be operative on and after January 1, 1916, designed to carry out the provisions of this charter. Such ordinance shall be in accordance with the statutes, respecting passage and publication. Continuance of Legislation. SECTION 2. All ordinances and resolutions in force when this charter takes effect, and parts of such ordinances and resolutions not inconsistent with its provisions, shall con: tinue in force until amended or repealed. Continuance of Present Officers and and Employes. Section 3. All persons holding office at the time thig charter goes into effect shall continue in office and in the per: 7 8 CHARTER OF THE CiTy OF TOLEDO formance of their duties until provision shall have been other- wise made in accordance with this charter for the performance or discontinuance of the duties of any such office. When such provision shall have been made the term of any such officer shall expire and the office be deemed abolished. The powers and duties which are conferred and imposed upon any officer, commission, board or department of the city under the laws of the state shall, if such office or department is abolished by this charter, be thereafter exercised and discharged by the officer, board or department upon whom are imposed corre- sponding functions, powers and duties under this charter. Continuance of Existing Contracts. Section 4. All contracts entered into by the city for its own benefit prior to the taking effect of this charter shall con- tinue in full force and effect. All public work begun prior to the taking effect of this charter shall be continued and per- fected hereunder. Public improvements for which legislative steps shall have been taken under laws in force at the time this charter takes effect may be carried to completion in accordance with the provisions of such legislation. Amending Charter. SEcTION 5. Any amendment to this chartér may be sub- mitted to the electors of the city for adoption by resolution of the council, two-thirds of the members thereof concurring, and shall be submitted when a petition is filed with the clerk of the council setting forth the proposed amendment and signed by electors equal in number to twenty per cent of the first choice votes for mayor at the last election. In either case the pro-’ posed amendment shall be voted upon at the next regular mu- nicipal election if one shall occur not less than sixty nor more ~ then one hundred and twenty days after the passage of a reso- lution therefor by the council, or after the clerk has determined upon the sufficiency of the petition therefor. Otherwise, a special election shall be called and held within the time afore- said for the consideration of such proposed amendment. It shal! be the duty of the clerk to notify the election authorities of the adoption by the council of a resolution for submission of a proposed amendment, or of his determination that a suf- ficient petition for submission has been filed with him; and he shall request the election authorities to provide for an election as aforesaid. Not less than thirty days prior to the election, the clerk shall mail a copy of the proposed amendment to CHARTER OF THE CiTy OF TOLEDO 9 each elector whose name appears upon the last complete regis- tration of the electors of the city. Definitions. SEcTION 6. Unless the context compels a different. meaning, the word “officer,” where found in this charter, shall be understocd to mean one appointed or elected to the service of the city not as a mere laborer and not in the classified civil SETVICe ; The word “employe’’, one who serves the city in the clas- sified civil service; The word “laborer’’, an ordinary unskilled laborer in the service of the city; The word ‘‘clerk’’, the clerk of the council; The words “election authorities’, the officers designated by statute to conduct elections ; The word “electors”, residents of the city qualified to vote to fil! all elective offices ; The words “city journal’, The Toledo City Journal ; The word “measure” used in connection with legislation, an ordinance or resolution of the council, or amendment ta this charter, as the case may be; The word “statute’’, the general law of Ohio. Provisions General. Section 7. Unless a special application, only, is mani- fest from the language or context, every provision of this charter shall be deemed applicable to any condition or situa- tion to which a provision of its tenor and effect is seen to be pertinent. CHAPTER II. POWERS OF THE CITY. General Powers. SECTION §. The inhabitants of the City of Toledo, as its limits at the time of the adoption of this charter are, or here- after may be defined, shall be a body politic and corporate by name of the City of Toledo, and as such shall have perpetual succession and the following rights and powers: (a) lo used corporate seal. (b) To sue and he sued. 10 CHARTER OF THE CITY OF TOLEDO (c) Yo acquire property in fee simple or a lesser inter- est or estate therein by purchase, gift, devise, bequest, ap- propriation, lease, or lease with privilege to purchase. (d) To sell, lease, hold, manage and control such prop- erty, and make al! rules and regulations by ordinance or reso- lution which may be required to carry out fully the provisions of any conveyance, deed or will, in relation to any gift or be- quest, or the provisions of any lease by which the city may ac- quire property. (ce) To purchase, conduct, own, lease, and appropriate public utilities, and to regulate public utilities under private ownership. (f) To assess, levy and collect taxes on all property which the city may lawfully tax for general and special pur- poses, including taxes for the purchase, lease, equipment, main- tenance and operation of public playgrounds, gymnasiums, swimming pools, or other recreation facilities which tend to the upbuilding of a sturdier citizenship. (g) To borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city; but no such obligation shall be sold by the city for less than par value and accrued interest. (h) To appropriate the money of the city for all law- ful purposes. , (1) To create, provide for, construct, regulate and maintain all things in the nature of public works, buildings and improvements. (7) To levy and collect assessments for local improve- ments. (k) To license and regulate persons, corporations, and associations engaged in any lawful business, occupation, pro- fession or trade. (1) To define, regulate, prohibit, abate, suppress and prevent all thirigs detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the city, and all nuisances, and causes thereof. (m) Te regulate the construction and height of all buildings, the materials used therein, and the maintenance and occupancy thereof. (n) To provide for the destruction of noxious weeds, and for the payment of the expense thereof by assessment or: otherwise. CHARTER OF THE CiTy OF TOLEDO II (0) To regulate’the erection of fences, billboards, signs, and other structures, and provide for the removal or repair of insecure bill-boards, signs, and other structures. (p) To regulate and control the use for whatever pur- poses. of the streets and other public places. (q) To create, establish, organize -and abolish offices, and fix the salaries and compensation of all officers and em- ployes. (r) To make and enforce local police, sanitary and other regulations. (s) To pass such ordinances as are expedient for main- taining and promoting the peace, good government and wel- fare of the city, and the morals and happiness of its citizens, and for the performance of all municipal functions. Appropriation of Property. Section g. Property within or outside the corporate limits of the city may be appropriated for any public or mu- nicipal purpose, according to the requirements of, and as pro- vided by, statute. “numeration Not Exclusive. Section to. The enumeration of particular powers by this charter shall not be held or deemed to be exclusive; but in addition to the powers enumerated or implied therein, or appropriate to the exercise thereof, the City of Toledo shall have and may exercise all other powers which under the con- stitution and laws of Ohio now are, or hereafter may be, grant- ed to cities. Powers proper to be exercised, and not specially enumerated herein, shall be exercised and enforced in the manner prescribed by this charter; or, when not prescribed herein, in such manner as shall be provided by ordinance or resolution of the council, or by statute. CHAPTER III. NOMINATIONS AND ELECTIONS. Nomination of Candidates. Secrion 11. The mode of nomination of all elective of- ficers provided for by this charter shall be by primary election only, which shall be held the first Tuesday after the second 12 CHARTER OF THE City OF TOLEDO Monday in September 1915, and thereafter on the first Tues- day after the second Monday in September of the odd num- bered years. The name of any elector shall be printed upon the primary ballot, when a petition in the form hereinafter pre- scribed shall have been filed in his behalf with the election au- thorities. Such petition shall be signed by at least one thou- sand electors, if fer nomination tc an office filled by election from the city at large; and by at least one hundred electors of the ward, if for nomination to an office filled by election from a ward. Form of Primary Petitions. SECTION 12. The form of the petition papers shall be substantially as follows: (Form of Petition Paper.) We, the undersigned;*hereby. present .-< 5. \pecaneeee Fe ee , wihtose residence 18" 2% a, vot ae ee Toledo; “for :the “office; 0f- 7... ea ee ee to be voted for at the primary election to be held in the city on the pease day, Of Fits. UL AG. PO. .) aneawe mary certify that we are qualified to vote for candidates for the above office and that we have not signed any other petition presenting any other candidate for the said office. Name. Street and Number. (Space, for Signatures ) Lucas County, State of Ohio, ss. 6 Sc, gets PR eee te , being duly sworn, deposes and says that he is the circulator of the foregoing petition paper containing ......-+...eesesaeee signatures, and that the signatures appended thereto were made in his presence and are the signatures respectively of the persons whose names they purport to be. (Signed = * hen es es Se Subscribed and sworn to before me this ...... day of os 0 0 6 & 0) a 2.0.6) Oe Re Tee RRS. eS See Notary Public. CHARTER OF THE City OF TOLEDO 13 This petition, if found insufficient, shall be returned to Eppa Oe SPE PON es he Wienke doa a Uweme wb. 6 . ter acabeite tee Register Noob...) 1 the department of public service. Department of Public Utilities. SECTION 157. The director of public utilities shall man- age and supervise all non-tax-supported public utility under- takings of the city, including all municipal water, lighting, heating, power, transmission, and transportation enterprises, and shall have charge of and enforce all obligations of pri- vately owned and operated public utilities enforceable by the city. The commissicner of the division of water shall be the deputy director of public utilities. Division of Water. Section 158. The commissioner of water shall have charge of and operate the water works system of the city, and shall enforce the rules and regulations thereto pertaining. Until a department of public utilities is established, the divi- sion of water shall be a division of the department of public service, under the supervision of the director thereof. Division of Light and Heat. SECTION 159. The commissioner of light and heat shall have charge of and pursuant to ordinances and the statutes, shall operate all municipal lighting, heating and gas plants, and shall exercise the supervision prescribed by ordinance or statute over privately owned plants for the distribution of electric current, gas and heat. 2 CHARTER OF THE CiTy OF TOLEDO un Division of Transportation. SECTION 160. The commissioner of transportation shali have charge of, and, pursuant to ordinances and statutes, shall operate all municipal systems of transportation, and shall ex- ercise the supervision prescribed by ordinance or statute over privately owned systems of transportation, whether of pas- sengers, freight or baggage, operating for the special accom- modation of the people of the city. Division of Communcation. SECTION 161. The commissioner of communication hall have charge of, and, pursuant to ordinances and the statutes, shall operate all municipal utilities for communica- tion between the people of the city, and shall exercise the supervision prescribed by ordinance or statute over private systems of communication operating within the city. tp ] Basis for Rates of Service. SECTION 162. For the service to private individuals, firms, societies, corporations and other private organizations by any public utility owned or operated by the city, a rate of compensation shall be charged that will fully reimburse the city for the expense of operation and, in addition, provide for maintenance, renewal and depreciation, and for a sinking fund to extinguish indebtedness incurred in the construction or pur- chase thereof. No part of the cost of operation or of the maintenance, renewal or depreciation, enlargement or 1m- provement, or of the purchase or cost of construction, shall be- paid out of taxes levied upon the property of the city; but the council may, by ordinance, establish a reasonable rate to be paid by the city out of the proceeds of taxation for any service rendered the public through the city by any such public utility. The rate to be paid by the city for such service shall be com- parable to that charged to private consumers for like. service. Council’s Power over Rates. SECTION 163. Rates for the service or products of all non-tax-supported public utilities owned and operated by the city, or furnished to the city by privately owned and operated public utilities, shall be fixed in the manner provided by ordi- nance of the council. Accounting System for Public Utilities. Section 164. It shall be the duty of the council to pass CHARTER OF THE CiTy OF TOLEDO 53 an ordinance employing an expert accountant or accountants, having the qualifications provided by section 60 hereof, to devise and establish a system of bookkeeping whereby may be clearly exhibited the cost of operation, maintenance, renewal and depreciation, and the cost of construction, purchase, en- largement, or improvement cf any public utility owned or operated by the city, together with the interest charges for carrying any indebtedness incurred in that behalf, and such other bookkeeping data as may be necessary to the ascertain- ment of the proper rate of charge for service to comply with the provisions of the foregoing section. Separate Accounts to be Kept. SECTION 165. The accounts of all public utilities owned and operated by the city and dependent for their revenue upon sale of their own products or services, shall be kept separate and distinct from all other accounts of the city, and shall con- tain proportionate charges for all services performed for such utilities by other departments, as well as proportionate credits for all services rendered. Separate records and accounts shall be kept of all services or products furnished to the city by, and transactions had with, privately owned or operated utilities. Establishment of Department. SECTION 166. Until the city shall acquire, by purchase or otherwise, public utilities for transportation, or for trans- mission to private consumers of gas, electric current or heat, or for communication, the department of public utilities herein provided for shal! not be established, and a director therefor ‘shall not be appointed. Until such time the duties of supervi- sion of privately operated public utilities shall be placed as the council by ordinance may direct. CHAPTER VIII. THE CIVIL SERVICE COMMISSION. The Commissioners—Term-—Appointment. SECTION 166. The civil service commission shall be com- posed of three electors to be appointed by the mayor with the approval of the council. The members of the existing com- mission shall continue in office for the terms for which they were severally appointed. The term of each commissioner 54 CHARTER OF THE City OF TOLEDO thereafter appointed shall be for six years; but appointments for full terms or to fill vacancies shall be so made that on the 31st day of March in each even numbered year, the term of one commissioner, and one only, shall end. Officers and Salaries. Srcrion 167. ‘the commission shall annually designate one of its members as president, and shall appoint a secretary and such other employes as may be necessary. The salary of the secretary and other employes. and the salary of the com- missioners, if any, shall be fixed by the council; and a sufficient sum shall be appropriated each year to carry out the civil service provisions of this charter. Records, Investigations and Reports. Srction 168. The commission shall keep minutes of its proceedings and records of its examinations, make investiga~ tions concerning the enforcement of the civil service pro- visions of this charter, and report annually to the mayor. Character of Examinations. Secrion 169. Examinations shall be practical and im- partial, and shall relate to those matters which will fairly test the relative capacity of the persons examined to discharge the duties of the position for which appointment is sought. Classification of Service. Section 170. The civil service of the city is hereby di- vided into the unclassified (not subject to the examination herein provided) and the classified service. (1) The unclassified service shall include: (a) Officers elected by the people. (b) Directors of departments, and heads of divi- sions. (c) Members of boards or commissions appointed by the mayor, and of advisory boards appointed by the director of a department. (d) The secretary to the mayor, and one secretary for each elective officer, one for each depart- ment, and one for each board or commission ap- pointed hy the mayor. (c) The legal assistants to the director of law. (7) Therclerkiat the council. (g) Ordinary unskilled labor. CHARTER OF THE City OF TOLEDO 55 (2) The classified service shall comprise all positions “not specifically included by this charter in the unclassified serv- ice. There shall be in the classified service two classes, to be known as the competitive class and the non-competitive class. (a) The competitive class shall include all posi- tions and employments for which it is prac- ticable to determine the merit and fitness of applicants by competitive examinations. (b) The non-competitive class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific, professional, educa- tional or managerial character, as may be deter- mined by the rules of the commission. Rules. SECTION £71. The commission shall adopt, amend, and enforce a code of rules which shall have the force and effect of ordinances, providing as to all positions in the classified service for appointment and employment based on merit, effi- ciency, moral character and industry. The rules shall provide: (a) For the classification and standardization of all positions in the classified service. (b) For epen competitive examinations in the competi- tive class, to test the relative fitness of applicants for such posi- trons. Employes of any public utility taken over by the city, who are in the service of said utility at the time of such ac- quisition, shall come under the provisions of the merit system without examination; but vacancies thereafter occurring in such service, shail be filled from eligible lists in the manner herein provided. (c) For public notice in the city journal or otherwise of the time and place of all competitive examinations. (d) For the creation of eligible lists upon which shall be entered the names cf successful candidates in the order of their standing in such examinations or tests. (e) For the rejection of applicants or eligibles who fail to comply with reasonable requirements as to age, sex, physi- cal condition, and moral character, or who have attempted de- ception or fraud in connection with any examination. (f) For the certification tc the appointing authority from the appropriate eligible list to fill a vacancy in the com- petitive class, of the three persons standing highest on such 56 CHARTER OF THE City OF TOLEDO list, or of the person or persons on such list when it contains three nates or less. (g) For temporary employment without examination, in the absence of an eligible list. But no such temporary em- ployment shall continue after the establishment of a suitable eligible list. (h) For temporary employment in emergency cases, for periods not to exceed thirty days. (1) For non-competitive examinations for appointments to positions requiring peculiar and exceptional qualifications of a scientific, proiessional, educational, or managerial char- acter. (j) For promotion based on competitive examinations and records of efficiency, character, conduct and seniority. Lists shall be created and promotions made therefrom of the candidates in the same manner as in case of original appoint- ments. Any advancement in the rank or an increase in salary beyond the limit fixed for the grade by the rules shall consti- tute promotion. Whenever practicable, vacancies shall be filled by promotion. (k) For transfer from one position to a similar position in the same class and grade, and for reinstatement on the eligi- ble list or to grade within one year, of persons who, without fault or delinquency on their part, are separated from the serv- ice or reduced in grade. (1) For suspension, by the appointing authority, for purposes of discipline, for a period not to exceed thirty days at any one time. (m) For discharge or reduction in grade or compensa- tion, only after the person to be discharged or reduced has been presented with the reasons for such discharge or reduc- tion, specifically stated in writing, and has been given an op- portunity to be heard in his own defense. The reason for such discharge or reduction, and reply in writing thereto by such employe, shall be filed with the commission. (n) For investigation and keeping a record of the eff- ciency of officers and employes in the classified service, and for requiring markings and reports relative thereto from appoint- ing officers. (0) For the publication of the rules and amendments thereto in the city journal. The commission shall adopt such other rules, not incon- sistent with the foregoing provisions of this section, as may be CHARTER OF THE CiTy OF TOLEDO 57 necessary and proper for the enforcement of the merit system. Appointments. SECTION 172. When a position in the competitive clas- sified service is to be filled, the director of the department in- terested shall notify the civil service commission of that fact. The commission shall thereupon certify to the director the names and addresses of the three candidates standing highest on the eligible list for the class or grade to which such position belongs. The director shall appoint to such position one of the three persons thus certified. When the eligible list con- tains fewer than three names, the director may appoint from such names as shall be certified. If there is no eligible list for such position, or when the eligible list has been exhausted, and until a new list can be created, names may be certified from eligible lists most nearly apprupriate to the position to be filled. A person certified from an eligible list more than three times to the same or similar position may be omitted from future certi- fications to the director of any department; but certification for a temporary appointment shall not be counted as one of such certifications. Present Civil Service Employes. SECTION 173. Except as otherwise provided in this char- ter, all persons holding positions in the classified service of the city at the time this charter takes effect shall be deemed to be in the classified service and shall retain‘ their positions until discharged, reduced, promoted, or transferred in accordance with the civil service provisions of this charter. The commis- sion shall maintain a list of all persons in the classified service, showing in connection with each name the position held, the date and character of each appointment, and of every subse- quent change in status. Each appointing officer shall prompt- ly transmit to the commission all information required for the establishment and maintenance of the list. Certfication of Payrolls. SECTION 174. It shall be unlawful for the treasurer to pay any salary or compensation for service to any person holding a position in the classified service, unless the payroll or account ‘for such salary or compensation shall bear the cer- tificate of the commission that the persons named therein have been appointed or employed in accordance with the civil service provisions of this charter. 58 CHARTER OF THE CiTy OF TOLEDO Conduct of Investigation. SECTION 175. In any investigation conducted by the commission, it shall have the power to subpoena and require the attendance ot witnesses and the production of books and papers pertinent to the investigation, and to administer oaths to witnesses. Non-Partisan Appointments. SEcTION 176. No person in the classified service, or seeking admission thereto, shall be appointed, reduced, sus- pended, discharged, or in any way favored or discriminated against because of his political opinions or affiliations. Political Activities. SECTION 177. No person in the classified service shall directly or indirectly solicit or receive, or be in any manner concerned in soliciting or receiving any assessment, subscrip- tion or contribution for any political party or political purpose whatever. No person shall orally, or by letter, solicit, or be in any manner concerned in soliciting, any assessment, sub- scription, or contribution for any political party from any per- son holding a position in the classified service. Abuse of Political Influence. Section 178. No person who holds any public office, or who has been nominated for, or who seeks a nomination or appointment to, any public office, shall use or promise to use, either directly or indirectly, any official authority or in- fluence in order to secure or aid any person for securing for himself or for another any office or employment in the classi- fied service, or any promotion or increase of salary therein, as a reward for political influence or service. Violations and Penalties. Section 179. The council shall by ordinance provide appropriate punishment for any person or officer who, by him- self or in cooperation with one or more persons, wilfully or corruptly deceives or obstructs any person in respect to his right to be examined for admission to the service of the city ; or falsely or corruptly marks, grades or reports upon the ex- amination or proper standing of any person examined for ap- pointment in the civil service, or aids in so doing, or wilfully or corruptly makes any false representations as to the results of any such examination, or concerning the person so exam- CHARTER OF THE City oF TOLEDO 59 ined; or wilfully or corruptly furnishes to any person special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined or to be examined, or to be appointed, employed, or promoted ; or wilfully impersonates any other person or permits or aids, in any manner, any other person to impersonate him in connec- tion with any examination or registration, application or ap- pointment, or request to be examined or registered; or makes known, or assists in making known, to any applicant for exam- ination, in advance of such examination, any question to-be asked on such examination; or wilfully violates any of the civil service provisions of this charter. CHAPTER IX. THE COMMISSION OF PUBLICITY AND EFFICIENCY. The Commission of Publicity and Efficiency. Section 180. The mayor first elected under this charter shall appoint five electors to constitute a commission of public- ity and efficiency for the following terms: One to serve until March 31, 1917, and one to serve for each of the periods end- ing respectively on the 31st day of March of each of the four succeeding vears. Thereafter, the term for each commis- sioner shall be five years. Appointments for full terms and to fill vacancies shall be so made that the term of one commis- sioner, and one only, shall expire on the 31st day of March of each year. The commissioners shall annually designate one of their number as president. The Secretary and Assistants. _ Section 181. The commissioners shall serve. without compensation, but may employ a secretary to serve during the pleasure of the commission at a compensation to be fixed by it and approved by the council. The commission shall also have such other assistants, drawn from the classified service, as may be necessary and authorized by the council. Duties of the Commission. SECTION 182. The duties of the commission shall be, to publish weekly The Toledo City Journal ; 60 CHARTER OF THE CITY OF TOLEDO To investigate any and all departments and offices for the purpose of ascertaining the degree of efficiency with which public service is rendered ; . On or before the first days of January and July of each year, and at other times as it may deem necessary, to make a report, in triplicate, to the mayor, to the council, and to the civil service commission, of its conclusions and recommenda- tions following its investigation; To recommend to the council and to all officers, methods, devices and systems, by installation of which, in the judgment-- of the commission, the business of, and service to, the city may be transacted’and given with greater economy and efficiency ; To publish in the city journal, or in the daily papers of the city, at its discretion, or to furnish to any person, any re- port or recommendation by it made, or any information it may have concerning municipal affairs; To acquire and record any information it may obtain touching the improvement of civic conditions and the develop- ment of improved and economical municipal administration elsewhere, and to embody in any of its reports and recommen- dations such summary of the information obtained as may seem to the commission to be useful to the people of Toledo, and to publish such summaries in the city journal; To furnish to, or acquire for, any officer at his request, information concerning any matter of interest within the scope of his official duties, and advise with such officer concerning the same. The Toledo City Journal. SECTION 183. The city journal shall be edited under the supervision of the commission, by the secretary thereof. It shall contain the city’s legal advertising; the notices of the civil service commission; an account of the transactions and proceedings of the council, and, at the discretion of the com- mission, of council committees, and of other municipal offices and departments; such other matters as the council may determine bv ordinance or request by resolution; and such comment upon municipal affairs as may be authorized by the commission. No unofficial advertisements shall be printed therein. Duties of Officers. Section 184. It shall be the duty of every officer and of every department or division, through the chiefs thereof, to CHARTER OF THE City OF TOLEDO 61 place at the inspection and for the use of the commission all records, reports, documents, and statistics concerning said office, department or division, and to answer any interroga- tories of the commission concerning the working of said office, department or division, or the service rendered by any em- ploye within the same. It shall be the duty of the clerk and of the chairman or acting chairman of any council committee, to furnish the commissicn, upon the request of the secretary or of any commissioner, full information concerning the transactions or proceedings of the council or of any committee thereof. Duty of Council. Section 185. The council shall provide by ordinancee _for the printing and distribution of the city journal, and for the efficient working of the commission, to the end that the use- fulness of the commission may be promoted. No subscrip- tion price per copy shall be charged for the city journal which shail exceed the approximate cost to produce the same. CHAPTER X. COMMISSIONERS OF THE SINKING FUND AND OF THE CITY PLAN. Commissioners of the Sinking Fund. SecTIon 186. ‘The mayor shall appoint four electors to be the commissioners of the sinking fund. The commission- ers of the sinking fund in office upon the adoption of this char- ter shall continue therein as commissioners until the expiration of their respective terms and until their respective successors are appointed and qualified. The term of each commissioner shall be four years, and appointments shall be so made and vacancies so filled that on the 31st.day of March in each year, the term of one commissioner, and one only, shall expire, be- ginning with March 21, 1917. Organization and Duties. Section 187. The. commissioners shall serve without compensation, and shall give such bond as the council may re- quire. At their first meeting, after the first day of April in each year, they shall organize by electing one of their mem- bers as president and ‘one as vice president, and shall elect a 62 CHARTER OF THE City oF TOLEDO secretary. Other employes of the sinking fund shall be such as the council may provide within the classified civil service. Ihe commissioners of the sinking fund shall perform such duties as now are, or hereafter may be, provided by statute or by ordinance. The City Plan Commission. - SECTION 188. The mayor first elected under this charter shall appoint five electors to constitute a city plan commis- sion, for the following terms: One to serve until March 31, 1917, and one to serve for each of the periods ending respec- tively on the 31st day of March of each of the four succeed- ing years. The full term for a commissioner shall be five years and until his successor is appointed and qualified. Ap- pointments for full terms and to fill vacancies shall be so made that the term ot one member, and one only, shall expire on the 31st day of March of each year. The commissioners shall annually designate one of their number as president, and some employe of the department of the public service, selected by the director thereof, shall serve as secretary. Authority and Duties. SECTION 189. The city plan commission shall have power to control the design and location of works of art which are, or may beccme, the property of the city; the plan, design and location of public buildings, harbors, bridges, via- ducts, street fixtures and other structures and appurtenances having to do with the beauty and convenience of the city; the removal, relocation, extension and platting of streets, parks and other public places, and of new areas; and the preparation of plans for the future physical development of the city. Duty of Council. SECTION 190. The cotncil by ordinance shall provide in detail for the exercise of the duties of the commission within the provisions of the preceding section. Expenses. : SECTION 191. The members of the commission shall serve without compensation, but the council by genera! ordinance or special resolution shall provide for the expenses incurred by the commission. CHARTER OF THE City OF TOLEDO 63 CHAPTER XI. ASSESSMENTS AND IMPROVEMENTS. Power of Council to Make Special Assessments. Section 192. The council shall have power to provide for the construction, repair and maintenance by contract or directly by the employment of labor, of all things in the nature of local improvements, and to provide for the payment of any part of the cost of any such improvement by levying and col- lecting special assessments upon abutting, adjacent and con- tiguous, or other specially benefited property, or upon the property within the boundaries of a district in which the im- provement is located. The amount assessed against the property specially benefited by such local improvements shall not exceed the amount of benefits to such property. _ Provided, that whenever all of the property owners to be assessed for any improvement shall present a petition to the council requesting the city to make any improvement directly by the employment of labor, the cost of which is to be assessed on such abutting property owners, the council by resolution shall instruct the director of public service to proceed with the work of making such improvement, to employ the necessary labor, and purchase the necessary materials. Such petition shall be in the form prescribed by the director of public service; but no notice shall be required, and publication of the same shall be dispensed with. When such improvement is completed, the cost of the same shall be assessed against the property bene- fited thereby. Provided, further, that when bids are received for any contract work for any improvement, the cost of which is-to be assessed upon the lands benefited thereby, the director of public service shall fix a time not less than five days after the receipt of the bids for a public hearing. A notice of the same shall be mailed to the owners of the lands to be assessed, provided their addresses are known or can be ascertained. ‘Methods of Special Assessments. SECTION 193. Special assessments upon the property deemed benefited by a public improvement shall be by any one of the following methods: (a) By a percentage of the tax value of the property assessed. 64 CHARTER OF THE City oF TOLEDO (0) In proportion to the benefits which may result from the improvement. (c) By the foot frontage of the property bounding or abutting upon the improvement. Preliminary Resolution. SECTION 194. When it is deemed necessary to make a public improvement to be paid for in whole or in part by special assessment, the council shall declare the necessity therefor by resolution, and such resolution shall state the method of assessment, the mode of payment, and the number of annual instalments, whether the assessments shall be by district or upon abutting, adjacent and contiguous or other special benefited property; and such resolution shall be con- curred in by three-fourths of the members of the council. Such resolution shall he certified to the director of finance, who shall thereupon proceed to make an assessment report. in accordance with the method of assessment provided for in the resolution, which report shall be filed with the council, and shall show the lots and lands assessed, the amount of the assessment as to each, and the number of installments not exceeding ten in which such assessment shall be paid. Plans of Proposed Improvements. SECTION 195. At the time of the passage of the resolu- tion provided for in the section preceding, there shall be on file in the office of the director of public service, plans, specifi- cations, estimates and profiles of the proposed improvements, giving all necessary information; and such plans, specifica- tions, estimates and profiles shall be open to the inspection of all interested persons. Notice of Assessments. SECTION 196. Upon the filing of his assessment report, the director of finance shall cause written notice to be served upon the owner of each lot or parcel of land to be assessed, or otherwise affected, or upon the persons in whose names the same may be assessed for taxation upon the tax duplicate. Said notice shall be served in the manner provided for service of summons in civil action; and as to all non-residents and persons who cannot be found, publication of such notice shall be made at least once in a newspaper of general circulation in the city. The notice shall contain a statement of the character of the proposed improvement, the fact that the assessment re- CHARTER OF THE City OF TOLEDO 65 port has been filed with the council, the rate of such assess- ment, the number of installments, and shall state a time and place when complaints and claims will be heard before the the board of revision of assessments. Final Assessments. SEcTION 197. Whenever the board of revision of assess- ments shall have made its final report to the council as to any improvement, the council, if it determine that the improve- ment shall proceed, shall pass an ordinance levying the assess- ment as reported by the board of revision of assessments, and directing that the improvement proceed. In the ordinance it shall be sufficient to describe the lots and lands abutting upon the improvement and to be assessed therefor, as all the lots and lands bounding and abutting upon such improvement, be- tween and including the termini of the improvement; and in _ describing lands which do not abut, it shall be sufficient to de- scribe the lots by their appropriate lot numbers, and the lands by metes and bounds; and this rule of description shall apply in all proceedings in which lots and lands are to be charged with special assessments. Special Assessments—When Payable. SECTION 198. Special assessments shall be payable by the owners of the property assessed at the time stipulated in the ordmance, and shail be a lien from the date of assessment upon the respective lots and parcels of land assessed, enforcible in the manner provided by statute. Board of Revision of Assessments. SECTION 199. The board of revision of assessments shall consist of the mayor, the director oflaw, the director of finance, the director of public service, and the president of the council. The mayor shall be the president of the board, and the director of finance shall be the secretary thereof. It shall meet weekly at a time and place provided by its rules, and shall hear all claims and objections as to the character of all improvements to be paid for in part or in whole by special assessments, the necessity therefor, and the equity of the assessment as pro- vided for in the assessment report.» A majority of those con- stituting the board of revision of assessments shall have power to determine all complaints and objections submitted. As to each improvement, the board shall, after such hearing, amend, equalize, and adjust the assessment report, and shall report to 66 CHARTER OF THE City oF TOLEDO the council its findings as to the necessity for the improve- ments, and any amendment it directs in the assessments. Claims for Damages—Waiver. SECTION 200.. An owner of a lot or of land bounding and abutting upon a proposed improvement, claiming that he will sustain damage by reason of the improvement, shall pre- sent such claim te the board of revision of assessments with- in two weeks after the service of notice or the completion of the publication herein provided for. Such claim shall be in writing, and shall set forth the amount of damages claimed, with a general description of the property with respect to which it is claimed the damage will accrue, and shall be filed with the director cf finance. Any owner who fails so to do shall be deemed to have waived such damages, and shall be barred from filing a claim or receiving damages therefor. This provision shal! apply to all damage which will obviously result from the improvement, but shall not deprive the owner of his right to recover damages arising, without his fault, from acts of the city or its agents. If subsequent to the filing of such claim, the owner sell the property, or any part thereof, the right of damages, if any, shall follow the ownership of the land without transference of the claim. The board of revi- sion of assessments shall report to the council all such claims for damages filed with it. Damages Assessed Preliminary to Improvement. SEcTION 201. Ai or before the time of the passage of the ordinance directing that the improvement shall proceed, the council shall determine whether the claims for damages so filed shall. be judicially inquired into before commencing, or after the completion of, the proposed improvement. If it decide that the damages shall be assessed before commencing the improvement, the city attorney shall then make such appli- cation and such proceedings shall be had thereon as are pro- vided by statute relating to the assessment of damages cn cuch claims. Damages Subsequently Assessed Section 202. If the council determines to assess the damages after the completion of the improvement for which a claim for damages has been filed, the city attorney shall with- in ten days after the completion of the improvement make CHARTER OF THE City oF TOLEDO 67 - written application and the same proceedings shall be had as provided in the next preceding section. Suit for Damages. Section 203. No person who claims damages arising from any cause shall commence a suit therefor against the city until sixty days after he shall have filed a claim for such dam- ages with the director of finance. This. provision shall not apply to an application for an injunction, or other proceeding to which it may he necessary to resort in case of urgent neces- sity. Lands Unalloted or Not On Duplicate. Section 204. When special assessments are levied by the percentage of tax value of the property assessed or by the foot frontage of the property bounding and abutting upon the improvement, and there are lands subject to such assessment which are not assessed for taxation, the director of finance shall fix, for the purpose of such assessment, the value of such lots as they stand and of such lands at such depths as the di- rector of finance considers a fair average of the depth of lots in the neighborhood, so that it will be a fair average of the assessed value of other lots in the neighborhood. Where lands are not subdivided into lots, but are assessed for taxation, the director of finance shal! fix the value and the depth in the same manner; but the above rule shall not apply in making a special assessment according to benefits. Interest on Assessment Bonds. Section 205. When bonds or notes are issued in antici- pation of the collection of assessments, the interest thereon shall be treated as part of the cost of the improvement for which assessments may be made. Limitation on Assessments. Section 206. The council shall limit all assessments to the special benefits conferred upon the property assessed and in no case shali there be levied within a period of five years on any lot or parcel of land any assessments for any or all pur- poses in excess of thirty-three and one-third per cent of the actual value thereof after the improvement is made. Assess- ments levied for the construction of main sewers shall not ex- ceed the sum that, in the opinion of the council, would be re- quired to construct an ordinary street sewer or drain of sufh- 68 CHARTER OF THE City oF ToLEpDO cient capacity to drain or sewer the lots or lands to be assessed for such improvement, nor shall any lots or lands be assessed that do not need Iecal drainage, or which are provided there- with. City’s Portion of Cost. SECTION 207. The city shall pay such part of the cost and expense of improvements for which special assessments are levied as the council deems just, which part shall not be less than one-fiftieth of all such cost and expense; and in addition thereto, the city shall pay the cost of intersections. The council may provide for the payment of the city’s portion of all such improvements by the issuance of bonds or notes therefor, and may levy taxes, in addition to all other taxes authorized by law, to pay such bonds or notes and the interest thereon. Keplacing Improvements. SECTION 208. The council may provide in whole or in part the cost of replacing any improvement existing in a street at the time of the adoption of this charter, by levying special assessments as herein provided for; but any assessment for the improvement to be replaced shall be limited to a sum not in excess of fifty per cent of the cost of such replacement. No allowance shail be made for any replacement and no part of the cost of the making of a street improvement shall be paid by the city, unless such street to be improved shall have been previously graded to an established grade, curbing set and the roadway of said street improvement shall have been previously paved with vitrified blocks or such other material . as 1s provided for the paving of streets in the city. Supplementary Assessments and Rebates. SECTION 209. Upon the completion of any improvement, the director of finance shal] rebate to the then owners of the property which shall have been assessed to pay for such im- provement, any unexpended surplus. In the event of a de- ficit in the fund provided for such improvement, the director of finance shall report to the council a supp'ementary assess- ment within the limitations herein provided for, which sup- plementary assessment shall be made by ordinancee of the council and certified for collection as is provided in the case of original assessments. CHARTER OF THE CiTy OF TOLEDO 69 Sewer and Water Connections. SEcTION 210. The director of public service shall have authority to compel the making of sewer and water connec- tions whenever, 1n view of contemplated street improvements or as a sauitary regulation, sewer or water connections should in his judgment be constructed. He shall cause written no- tice of his determination thereof to be given to the owner of each lot or parcel of Jand to which such connections are to be made, which notice shall state the number and character of _ connections required. Such notice shall be served by a per- son, designated by the director of public service, in the man- ner provided for the service of summons in civil actions. Non- residents, or persons who cannot be found, may be served by one publication of such notice in a newspaper of general circu- lation in the city. ‘The notice shall state the time within which such connections shall be constructed; and if they be not con- structed within the said time, the work may be done by the city and the cost thereof, together with a penalty of five per cent and interest, assessed against the lots and lands for which such connections are made. Said assessments shall be certified and collected as other assessments for street improvements. Sidewalks. repaired. Upon the passage of such resolution, the director of public service shall cause written notice of the passage thereof to be served upon the resident owner, or agent of the owner, of each parcel of land abutting upon such sidewalk, in the manner provided by law for the service of summons in civil actions. For the purpose of such service, if the owner of any such property be not a resident, any person charged with the collection of rent, or the payment of taxes on such prop- erty, or having control thereof in any way, shall be regarded as the agent of the owner, and service upon such person shall have the like force and effect as though personal service were made upon the owner thereof. But if it shall appear from any such return that the owner is a non-resident, or that neither such owner nor agent can be found, one publication of a copy of the resolution in a newspaper of general circulation in the city shall be deemed sufficient notice to such owner. 70 CHARTER OF THE City oF TOLEDO City May Repair or Construct Sidewalks. SECTION 212. If sidewalks, curbings or gutter be not constructed or repaired within fifteen days from the service of the notice provided for in the preceding section, or the com- pletion of the publication thereof, the director of public service may proceed by direct employment of labor, or by contract, to carry out the said construction or repair at the expense of the owner, as in the case of other improvements. Such ex- pense shall be reported by the director of public service to the council, which shall by ordinance assess said expense upon the owner or owners of the property bounding or abutting there- on. Such assessment shall be collected in the same manner as other assessments, with a penalty of five per cent and in- terest for failure to pay at the time fixed by the assessment resolution. Assessment Bonds. SECTION 213. The council may borrow money and au- thorize the issuance of notes or bonds therefor in anticipation of the collection of assessments levied for the purpose of pay- ing the cost of constructing or repairing sidewalks, curbings, and gutters which are to be or have been constructed by the director of public service, upon the failure of the owners of the property to construct or repair the same. CHAPTER XII. FRANCHISES. Grants. SECTION 214. The council may grant permission to any individual, company, or corporation to construct and operate a public utility in the streets and public grounds of the city, subject to the provisions of statute requiring consents of abutting owners, and subject also to the provisions of. this charter. The ordinance shall prescribe the kind and quality of service or produce to be furnished, the fate or rates to be charged therefor, the manner in which the streets and public grounds shall be used and occupied; and any other terms and conditions conducive to the public interest. . " CHARTER OF THE CiTy OF TOLEDO v3! Renewals. Section 215. Not earlier than one year prior to the termination thereof, the council may renew any existing grant of a franchise for the construction or operation of a public utility, upon any terms conducive to the public interest. The renewal ordinance shail be subject to all the provisions of this charter affecting the origina! ordinance. No Franchise to be Exclusive. SEcTION 216. No right to construct, maintain, or operate any public utility in the city of Toledo shall be exclusive, nor shall it be granted for a longer period than twenty-five years. ‘Termination of Franchise Grants. SECTION 217. All such grants and renewals thereof shall reserve to the city the right to terminate the same, and to purchase or lease all the property of the utility in the streets and highways in the city and elsewhere, used in or useful for the operation of the utility, at a price fixed in the ordinance, or to be fixed in the manner provided by the ordinance making the grant or renewal of the grant. Nothing in such ordi- nance shall prevent the city from acquiring the property of any such utility by condemnation proceedings or in any other lawful mode; but all such methods of acquisition shall be alternative to the power to purchase, reserved in the grant or renewal as hereinbefore provided. Upon the acquisition by the city of the property of any utility, by purchase, condemna- tion, or otherwise, all grants or renewals shall at once termi- nate. Value of Grant Not to Be Considered. SECTION 218. No ordinance making such grant or re- newal shall be valid unless it shall expressly provide therein that the price to be paid by the city for the property that may be acquired by it from such utility, by purchase, condemnation or otherwise, shall exclude all value of such grant or renewal. Extensions of Appliances and Service. SECTION 219. The council may grant to any individual, company, or corporation operating a public utility, the right to extend the appliance and service of such utility. All such extensions shall become a part of the aggregate property of the utility by virtue of the ordinance providing for its con- 72 CHARTER OF THE City or ToLEepo struction and operation, and shall thereafter be subject to all the terms, conditions, and provisions of the original grant. The right to use and maintain any such extension shall expire with the original grant of the utility to which the extension was made or any renewal thereof. Supervision by the Council. SECTION 220. The council at all times shall control the distribution of space, in, over, under, or across all streets or public ground occupied by public utility fixtures. All rights granted for the construction and operation of public utilities shall be subject to the continuing right of the council to re- quire such reconstruction, relocation, change, or discontinu- ance of the appliances used by the utility in the streets, alleys, avenues and highways of the city, as in the opinion of the council shall be necessary in the public interest. Extension by Annexation. SECTION 221. In every such grant it shall be provided that upon the annexation of territory to the city, the portion of any such utility that may be located within such annexed territory and upon the streets, alleys, or public grounds thereof, shall thereafter be subject to all the terms of the grant as though it were an extension made thereunder. Reports to City by Grantee. SECTION 221. No ordinance making such grant, renewal, or extension shall be valid unless it shall expressly provide therein that the grantee shall make to-the city, at prescribed annual periods, a statement of the assets, liabilities, receipts and disbursements of the public utility operating under such grant, renewal or extension. Such statement shall-be in detail adequate for determining the cost of the service rendered, and shall be signed and sworn to by the grantee or its proper officer or officers. Such ordinance shall also reserve to the city the right of verifying such statements by examination of the books and records of the grantee. Forfeiture of Grant. SECTION 222. If any action shall be instituted or prose- cuted directly or indirectly by the grantee of any such grant or by any of its stockholders, to set aside or have declared void any of the terms of any such grant, the whole of such grant may be thereupon forfeited and annulled at the option CHARTER OF THE City OF TOLEDO seme fs" of the city council to be expressed by ordinance. All such grants shall make provision for the declaration of a forfei- ture by the city council for the violation by the grantee of any of the terms thereof. CHAPTER XIIL. CONTRACTS, Alterations or Mcdifications in Contract. SECTION 223. When, in the prosecution of any work, or improvement under contract, it becomes necessary to make alterations or modifications in such contract, such alterations or modifications shall be made only upon the written order of the director of the appropriate department. No such order shall be effective until the price to be paid for the work and material, or both, under the altered or modified contract, shall have been agreed upon in writing and signed by the contractor and the director in behalf of the city. Certified Contracts. SECTION 224. No contract, agreement, or other obliga- tion, involving the expenditure of money, shall be entered into, nor shall any ordinance, resolution, or order for the expendi- ture of money be passed by the council, or be authorized by any officer of the city, unless the director of finance first certify 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, which certificate shall be filed and im- mediately recorded. The sum so certified shall thereafter be considered appropriated until the city is discharged from the contract, agreement, or obligation. What Shall Authorize Certification. SECTION 225. 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 or assessments, or from sales of services, products, or by-products, or from any city undertak- 7A. CHARTER OF THE City oF ToLEpo ings, fees, charges, accounts and bills receivable or other credits in process of collection; and all moneys applicable to the payment of such obligation or appropriation, which are to be paid into the treasury prior to the maturity-thereof, aris- ing from the sale or lease of lands or other property, and moneys to be derived from lawfully authorized bonds sold and in process of delivery shall, for the purposes of such cer- tificate, be deemed in the treasury to the credit of the appro- priate fund and subject to such certification. Contracts in Excess of Five Hundred Dollars. SECTION 226. No contract involving the expenditure of five hundred dollars or more shall be entered into, unless the same shall have been first authorized by the council and shall have been approved by the mayor and the director of thede- partment interested. Certain Contracts and Measures Void. SECTION 227. All contracts, agreements, or other obli- gations entered into, and all ordinances, resolutions, and orders adopted, contrary to the provisions of the three pre- ceding sections, shall be void, and no person shall have any claim or demand against the city thereunder, nor shall the council, or any officer of the city, waive or qualify the limits fixed by any ordinance, resolution or order, complying with this or the three preceding sections, or fasten upon the city any lability whatever in excess of such limits, or release any party from an exact compliance with his contract under such ordinance, resolution, or order. Public Improvements by Contract or Direct Labor. SECTION 228. Public improvements of all kinds may be made by the appropriate department, either by direct employ- ment of the necessary labor and the purchase of the necessary supplies and materials, with separate accounting as to each improvement so made, or by contract duly let after competi- tive bidding, either for a gross price, or upon a unit basis for the improvement, or by contract containing a guaranteed maximum and stipulating that the city shall pay within such maximum the cost of labor and materials, plus a fixed per- centage of profit to the contractor. Contracts may provide a bonus per day for completion of the contract prior to a specified date, and liquidated damages to the city to be exacted in a like sum for every day of delay beyond a specified date. > a bs ciats ; CHARTER OF THE City or TOLEDO 75 CHAPTER XIV. SUBDIVISIONS AND DEDICATIONS. Plat of Subdivision. Section 229. A proprietor of lots or grounds within the city who subdivides or lays them out for sale, shall cause to be made an accurate map OT plat of such subdivision, de- scribing with certainty all grounds laid out, or granted for streets, alleys, ways, commons OF other public uses. Lots sold or intended for sale shall be numbered by progressive numbers, or described by the square in which situated, and the precise length and width shall be given of each lot sold or intended for sale. Stich map or plat shall be.subscribed by the proprietor, or his agent” duly authorized in writing, acknowledged before an officer authorized to take the acknowl- edgment of deeds, and recorded in the office of the county recorder. — : Vesting of Title in City. Secrion 230. The map or plat so recorded shall there- upon be a sufficient conveyance to vest in the city the fee of parcel or parcels of land designated or intended for streets, alleys, ways, commons, Or other public uses, to be held in the corporate name in trust to and for the uses and purposes ‘n the instrument set forth, expressed, designated, or intended. Platting Commissioners. Section 231. The director of public service shall be the platting commissioner of the city. Subject to the ap- proval of the city plan commission, he shall provide regula- tions governing the platting of all lands so as to require all streets and alleys to be of the proper width, and to be cotermi- nous with adjoining streets and alleys, and otherwise to con- form with the regulations prescribed by the commission, Whenever the council shall deem it expedient to plat any por- tion of territory within the city limits, in which the necessary or convenient streets or alleys have not already been accepted by the city so as to become public streets, or when any person plats any land within the corporate limits, or within three miles thereof, if such plats are in accordance with the rules as approved by the city plan commission, the commissioner shall endorse his written approval thereon. No plat sub- 29GB CHARTER OF THE CiTy oF TOLEDO dividing lands. within the corporate limits, or within three miles thereof, shall be entitled to record in the county recorder’s office without such written approval so endorsed thereon. : _ Effect of Platting. SECTION 232. No streets or alleys, except those laid down on such plat and bearing the approval of the platting commissioner, as hereinbefore provided, shall subsequently in any way be accepted as public streets, or alleys, nor shail any | public funds be expended in the repair or improvement of streets and allevs subsequently laid out and not on such plat. This restriction shall not apply to a street or alley laid out by the city, nor to streets, alleys or public grounds laid out on a plat by or with the approval of the platting commissioner. Dedication of Streets. Srecrion 233. No street or alley dedicated to public use by the proprietor of ground in the city shall be deemed a pub- lic street or alley, or under the care or control of the council, unless the dedication be accepted and confirmed by ordinance passed for such purpose, or unless the provisions hereof relat- _ ing to subdivisions shall have been complied with. iriky et tae nT S z nid “ a fi 4 i ] ” ‘| 1\ % aoe Pree 3 Date Due a | ) ay eee S| ~ ‘ , je -- ~ OC ean ahi = é + } j = ——- ‘ =. ‘ 7 ae = ‘ F ps al ? \ wis ; ) TT TLE ‘ ~ aN, \ ve 7 é ‘ x : Fe - = 4 a S ; r Diane Coe ~ ~ \ | ¥ ‘ hy * ‘ : od ® . a - ~. Yoo hs) o ; \ r 3 } ‘ cs we , ¥ =: - + t ‘ * “ x > -« Sta + iii i 00 JS1491A81914 ® PROPOSED CHARTER FOR THE CITY OF TOLEDO | THE OHI i DA 8 STATE UNIVERSITY BOOK DEPOSITORY aS VOI wit SLE SECT SH c 11 | G8. 32 ) a ~