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ceeding biennial election shall be those then prescribed by the general law of the state for cities of like population, and upon the qualification of such officers such city shall become a city under such general law of state; but such change shall not in any manner or degree affect the property, right or liabilities of any nature of such city, but shall merely extend to such change in its form of government.
The sufficiency of such petition shall be determined, the election ordered and conducted, and the results declared, generally as provided by section 18 of this act, in so far as the provisions thereof are applicable.
Requirements about Petitions SEC. 22. Petitions provided for in this act shall be signed by none but legal voters of the city. Each petition shall contain, in addition to the names of the petitioners, the street and house number in which the petitioner resides, his age and length of residence in the city. It shall also be accompanied by the affidavit of one or more legal voters of the city stating that the signers thereof were, at the time of signing, legal voters of said city, and the number of signers at the time the affidavit was made.
Act in Effect SEC 23.1 This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in The Register and Leader and Des Moines Capital, newspapers published in Des Moines, Iowa.2
EXCERPTS FROM THE CITY MANAGER CHARTER OF SPRINGFIELD,
OHIO We, the people of the city of Springfield, Ohio, in order to obtain the benefits of local self-government, to encourage more direct and business-like methods in the transaction of our municipal affairs, and otherwise to promote our welfare, do adopt the following charter of our city:
- Cited with omissions, from Woodruff, City Government by Commission.
* Approved March 29, 1907; amended by Act of March 30, 1909, as indicated.
The City Commission
SEC. 2. Creation and Powers.—There is hereby created a City Commission to consist of five electors of the city elected at large, who shall hold office for a term of four years beginning January first after their election, excepting that the two members elected at the first election by the lowest vote shall hold office for the term of two years only.
All the powers of the city, except such as are invested in the Board of Education and in the Judge of the Police Court, and except as otherwise provided by this charter or by the constitution of the state, are hereby vested in the city commission; and, except as otherwise prescribed by this charter or by the constitution of the state, the city commission may by ordinance or resolution prescribe the manner on which any power of the city shall be exercised. In the absence of such provision as to any power, such power shall be exercised in the manner now or hereafter prescribed by the general laws of the state applicable to municipalities.
Sec. 6. President—The city commission shall at the time of organizing elect one of its members as president and another as vice-president for terms of two years. In case the members of the city commission, within five days after the time herein fixed for their organization meeting, are unable to agree upon a president or a vice-president of such commission, then a president, or a vice-president, or both, as the occasion may require, shall be selected from all the members of such commission by lot conducted by the city solicitor; who shall certify the result of such lot upon the journal of the commission.
The president shall preside at all meetings of the commission and perform such other duties consistent with his office as may be imposed by it; and he shall have a voice and vote in its proceedings, but no veto. He may use the title of mayor in any case in which the execution of legal instruments of writing or other necessity arising from the general law of the state so requires but this shall not be construed as conferring upon him the administrative or judicial functions of a mayor under the general laws of the state.
The president of the city commission shall be recognized as the official head of the city by the courts for the purpose of serving civil process, by the governor for the purpose of military law, and for all ceremonial purposes. He may take command of the police and govern the city by proclamation during times of public danger or emergency, and he shall himself be the judge of what constitutes such public danger or emergency. The powers and duties of the president shall be such as are conferred upon him by this charter, together with such others as are conferred by the city commission in pursuance of the provisions of this charter, and no others.
City Manager Sec. 5. Appointment.—The city commission shall appoint a city manager who shall be the administrative head of the municipal government under the direction and supervision of the city commission, and who shall hold office at the pleasure of the city commission. He shall be appointed without regard to his political beliefs and need not be a resident of the city at the time of his appointment. During the absence or disability of the city manager the city commission may designate some properly qualified person to execute the functions of the office.
Sec. 16. Powers and Duties.—The powers and duties of the city manager shall be:
(a) To see that the laws and ordinances are enforced.
(b) Except as herein provided, to appoint and remove all heads of departments, and all subordinate officers and employees of the city; all appointments to be upon merit and fitness alone, and in the classified service all appointments are removals to be subject to the civil service provisions of this charter.
(c) To exercise control over all departments and divisions created herein or that hereafter may be created by the commission.
(d) To see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed; and upon knowledge of any violation thereof to call the same to the attention of the city solicitor, who is hereby required to take such steps as are necessary to enforce the same.
(e) To attend all meetings of the commission, with the right to take part in the discussions but having no vote.
(f) To recommend to the commission for adoption such measures as he may deem necessary or expedient.
(g) To act as budget commissioner and to keep the city commission fully advised as to the financial condition and needs of the city; and
(h) To perform such other duties as may be prescribed by this charter or be required of him by ordinance or resolution of the commission.
Sec. 17. Head of Departments.—Excepting the departments of city solicitor, auditor, treasurer, sinking fund and civil service, and until otherwise provided by the city commission, any existing department now under the control of a special board, such as library, hospital and park, the city manager shall be the acting head of each and every department of the city until otherwise directed by the commission; but with the consent and approval of the commission, he may appoint a deputy or chief clerk to represent him in any department of which he is the acting head. No member of the city commission shall directly interfere with the conduct of any department, except at the express direction of the commission.
Sec. 18. Platting Commission. The city manager shall also be the platting commissioner of the city and he shall exercise the authority and discharge the duties of that office under the provisions of the general law of the state applicable thereto, except as the same may be modified by the city commission.
Administrative Officers and Departments Sec. 19. City Solicitor.—The city commission shall appoint a city solicitor who shall hold office at the pleasure of the commission. The city solicitor shall act as the legal adviser to, and attorney and counsel for, the municipality and all its officers in matters relating to their official duties.
Sec. 20. City Auditor.—The city commission shall appoint a city auditor who shall hold office at the pleasure of the commission. The city auditor shall issue all warrants of money by the city. He shall keep an accurate account of all taxes and assessments, of all money due to, and all receipts and disbursements by, the municipality, of all its assets and liabilities, and of all appropriations made by the city commission.
SEC. 21. City Treasurer.—The city commission shall appoint a city treasurer who shall hold office at the pleasure of the city commission. The office of city treasurer may be combined with that of clerk of the city commission or with any other office not inconsistent therewith. The city treasurer shall be the custodian of all moneys of the municipality, and shall keep