Section 1. The mayor shall preside at all meetings
of the city council and shall have a casting vote, and no other. In
case of a vacancy in the office of mayor, or his being unable to perform
the duties of his office, by reason of temporary or continued absence,
or sickness, the councilman-at-large shall be vested with all the
powers and perform all the duties of mayor until the mayor shall resume
his office, or the vacancy be filled by a new election.
Section 2. The members of the city council
shall be fire wardens and conservators of the peace, and shall be
exempt from jury duty during their terms of office.
Section 3. The mayor or any two councilmen
may call special meetings of the city council.
[Amended by Ord. No. 2001-98 enacted November 26, 2001 and approved in the election
of February 5, 2002]
Section 4. The mayor shall take care that the
laws of the state and the ordinances of the city are duly enforced,
respected and observed within the city, he may upon good cause shown
and by and with the consent of the city council, remit fines, forfeitures
and penalties, accruing from or imposed for a violation of any city
ordinance; he shall have power to nominate and by and with the consent
of the city council, to appoint all city officers, not ordered by
this act to be elected by the people, or otherwise appointed; also
to suspend and by and with the consent of the city council to remove
any city officer except those elected by the people; he may fill any
vacancy which may occur in any elective office with the consent of
a majority of the city council; he shall from time to time give the
city council information relative to the state of the city, and shall
recommend to their consideration such measures as he shall deem expedient
for the advantage of the city.
Section 5. The mayor shall sign the appointment
or commission of every officer, elected or appointed, in the city
government.
Section 6. That he (the mayor) shall have power,
when he deems it necessary, to require any officer of the city to
exhibit his accounts or other papers, and make report in writing,
touching any subject or matter he may require pertaining to his office.
Section 7. There shall be a city clerk, city
attorney, city engineer, city auditor, and city treasurer, who shall
be appointed by the mayor and city council to hold their offices for
one year, and until their successors are duly appointed and qualified;
who shall in addition to the duties as may be prescribed by this act,
perform such other duties as may be prescribed by ordinance; there
shall also be such other officers, servants, and other agents of the
corporation as may be provided for by ordinance, not in conflict with
the provisions of this act, to be appointed by the mayor, by and with
the consent of the city council.
Section 8. It shall be the duty of the city
clerk to attend all the meetings of the city council, to keep a true
record of its proceedings, also to keep a record of all the official
acts of the mayor, and when necessary to attest them; he shall keep
and preserve in his office the corporate seal of the city, and all
records, public papers and documents of the city, not properly belonging
to any other office, he shall be authorized to administer oaths, copies
of all papers filed in his office and transcripts from the records
of all proceedings of the city council, duly certified by him, under
the corporate seal, shall be taken as evidence in all courts in this
state.
[Acts 1873, p. 229, Sec. 4]
That hereafter the city recorder shall be, by virtue of his
office, city clerk, and shall have and possess all the powers granted
by the city charter and the ordinances made in pursuance thereof to
the city clerk, and shall be liable to all the duties and obligations
thereby imposed.
Section 9. The city recorder shall have the
powers and jurisdiction of a justice of the peace within the limits
of the city, in all matters; he shall have exclusive jurisdiction
over all cases arising under any ordinance of the city, subject, however,
to an appeal in all cases to the Livingston County Circuit Court or
court of common pleas; every such appeal shall be taken and granted
in the same manner as appeals from justice of the peace in civil cases.
Said recorder shall not be removed except by two-thirds majority of
the city council; his fees shall be fixed by ordinance, and taxed
as other costs in the cause.
Section 10. The city attorney shall prosecute
all violations of city ordinances and in appellate courts to all appeals
in cases originating before the city recorder; he shall appear for
the city in all courts of record within this state in any case where
the City of Chillicothe is either party, plaintiff or defendant, or
a party in interest; he shall in all cases be the legal adviser of
the city, and when requested by an officer of the city or city council,
shall furnish a written opinion upon any legal question upon which
he or they may require information in regard to the duties of his
or their office.
Section 11. The fees of the city attorney in
all cases prosecuted before the city recorder shall be fixed by ordinance,
and taxed as other costs in said cause by the city recorder; for all
other legal services rendered the city or its officers, a salary or
reasonable fees shall be allowed by the city council.
Section 12. The city marshal of the City of
Chillicothe when duly elected and qualified, shall have power to execute
all writs or other processes issued by the recorder, and serve criminal
processes, warrants and subpoenas anywhere within the limits of Livingston
County for offenses committed within the limits of the corporation,
and shall have the same fees therefore as constables of townships;
he shall be a conservator of the peace, shall be vigilant and active
in the suppression of riots, routs and disorderly conduct in the city,
and for this purpose may arrest suspicious and disorderly persons
within or without the city, and take them before the recorder for
trial or examination without process; he shall have power to commit
persons to the work house or county jail, or other places of safe
keeping until trial or examination can be had, and shall do and perform
all duties which may be enjoined on him by ordinance or resolution
of the city council; he shall have power to collect all fines, forfeitures
and penalties which may accrue to the said city, not otherwise provided
for by ordinance, and in the performance of any duty enjoined on him
by ordinance or resolution of the city council, he shall be invested
with such power as shall be conferred upon township constables by
the laws of this state; he shall by virtue of his office be collector
of the taxes and revenue within the city, and shall give such bond
or bonds and security for the performance of his duties as marshal
and collector as may be prescribed by ordinance, and shall make his
returns and pay over to the treasurer all money collected by him,
as often as required by the city council.
[Acts 1873, p. 229, Sec. 5]
That hereafter the city marshal shall, by virtue of his office,
be street commissioner, and shall have and possess all the powers
granted by the city charter and the ordinances made in pursuance thereof
to the street commissioner, and shall be liable to all the duties
and obligations thereby imposed.
Section 13. The city engineer shall superintend
the construction of all public works ordered by the city council,
shall make out plans, specifications and estimates therefore, and
perform surveying and engineering ordered by the city council.
Section 14. The city auditor shall be the general
accounting officer for the city, he shall audit all accounts and claims
against the city under appropriations made by the city council, and
draw his warrants upon the treasurer for the amount of such accounts;
he shall keep true and just accounts with the city treasurer, and
the different funds of said city; he shall extend all tax rolls, endorse
thereon his warranty to the treasurer, directing collection for the
same; he shall have in the delinquent tax lists of said city and shall
certify to the treasurer the amount due for such delinquent taxes
on any lot or lots upon application of the owner thereof to pay the
same; he shall take care that the revenue laws of the city are carefully
enforced, and shall discharge all such other duties as may be developed
upon him by the ordinances of the city or the provisions of this act,
and shall make all reports, estimates and statements required of him
by the city council in connection with the business of his office.
Section 15. The city treasurer shall pay all
warrants legally drawn upon him by the city auditor; he shall keep
all necessary books and accounts, and shall have in charge monies,
bonds, notes, title deeds and certificates of stock in any corporation,
to the stock of which the city shall be a subscriber, and shall faithfully
discharge all other duties appertaining to his office that may be
developed upon him by the ordinances of said city or the provisions
of this act, and shall make all reports required of him in connection
with the business of his office.
[Acts 1873, p. 229, Sec. 6]
That hereafter the city treasurer shall, by virtue of his office,
be collector of the taxes and revenue within the city, shall have
and possess all the powers granted by this charter and ordinances
made in pursuance thereof, for the regulation and control of the collector
of the taxes and revenue, and shall be liable to all the duties and
obligations thereby imposed.
Section 16. All officers except the mayor of
said City of Chillicothe, elected or appointed under provision of
this act, shall be commissioned by the mayor, and before entering
upon the discharge of their duties, shall take and subscribe the oath
required by the thirteenth section of the second article of the constitution
of this state, which said oath shall be endorsed on said officer's
commission.
[Amended by Ord. No. 2001-98 enacted November 26, 2001, and approved in the election
of February 5, 2002]
Section 17. In case of vacancy in any elective
office by death, resignation, removal from office, or otherwise, the
mayor shall appoint a person to fill the incomplete term of a vacancy
which occurs in an elected office with the consent of the majority
of the city council.