SEC. 5. INTERGOVERNMENTAL COMMITTEES AND CONTRACTS. City Council may by resolution authorize or require an officer or officers of the City to participate with officers of the County of Delaware and of the City School DistrictS of the City of Delaware, BUCKEYE VALLEY, OLENTANGY, OR ANY OTHER SCHOOL DISTRICT WITHIN THE CITY OF DELAWARE, OHIO, or with other cities, villages, and political subdivisions in committees and organizations for studying or coordinating programs of finance, taxation, public improvements, and other official activities of all such public authorities, for the purpose of improving public services and facilities by them rendered to the public and for the purpose of effecting economies therein. City Council may BY RESOLUTION authorize contracts with other governmental subdivisions in relation to the performance of the functions of the City, as may be authorized by the Constitution and general laws of Ohio. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the United States or any agency thereof or with any one or more states, or subdivisions or agencies thereof. (Amended 11-6-84; Ord. 16-45. Passed 7-11-16, Approved 11-8-16)
SEC. 9. OATH OF OFFICE. At 12:01 a.m., on the second Monday following their election, duly elected Council members shall be deemed qualified to assume the duties of office. Each member elected to Council shall publicly take and subscribe to the oath or affirmation of office at the first regular meeting of the term for which he/she was elected, as provided in Section 16 of this Charter or, if he/she be unable to attend that meeting and be excused therefrom by a majority of all the members elected to Council, at the first meeting which he/she shall be able to attend. IF THERE IS A RECOUNT, THEN THAT COUNCIL PERSON SHALL TAKE THEIR OATH OF OFFICE ON THE NEXT MONDAY FOLLOWING THE BOARD OF ELECTION’S CERTIFICATION OF THE ELECTION RESULTS. The oath or affirmation of office shall be in the form provided by Section 123 of this Charter. (Amended 11-7-00)
SEC. 15. COMPENSATION OF COUNCIL, MAYOR, AND VICE-MAYOR. Each member of Council shall receive a salary payable at such times as may be prescribed by ordinance. No ordinance increasing the salaries of members of Council shall be passed as an emergency measure, nor shall any increase made thereby be put into effect before the first day of January next occurring more than ninety days after the passage of such ordinance. BEGINNING JANUARY 1, 2026 AND NOT LESS THAN ONCE EVERY FIVE (5) YEARS AFTERWARDS, A MARKET STUDY WILL BE CONDUCTED BY STAFF TO REVIEW AND RECOMMEND ADJUSTMENTS, AS APPROPRIATE, TO COUNCIL COMPENSATION. SUCH MARKET STUDY SHALL INCLUDE COMPARATORS OF SIMILARILY SITUATED REGIONAL COUNCIL-MANAGER COMMUNITIES. BEGINNING WITH PAY THAT INCLUDES JANUARY 1, 2027, FOR EACH NON-MARKET STUDY YEAR, EACH MEMBER OF COUNCIL SHALL RECEIVE A COST OF LIVING ADJUSTMENT EQUAL TO THAT AUTHORIZED FOR MANAGEMENT PAY PLAN EMPLOYEES NOT ELIGIBLE FOR THE MERIT INCENTIVE PROGRAM. FOR HIS/HER SERVICES AS MAYOR AND VICE MAYOR, THE MAYOR AND VICE MAYOR SHALL RECEIVE ADDITIONAL COMPENSATION TO BE SET BY ORDINANCE. (Ord. 16-45. Passed 7-11-16, Approved 11-8-16)
SEC. 21. MUNICIPAL CODE AND SUPPLEMENTS. Any ordinance enacting a complete municipal code or code of ordinances of the City of Delaware, which shall supersede or repeal all general ordinances prior thereto, and any ordinance enacting a complete revision or reenactment thereof, shall be deemed to be confined to a single subject. All general ordinances enacted after the enactment of any such code or revision thereof shall be enacted as supplements to, amendments of, or as reenactments or revisions of such code. The ordinance enacting such code and any ordinance enacting a complete revision or re-enactment thereof, shall be made available to the public BY POSTING ON THE CITY’S WEBSITE. POSTING SHALL ALSO BE MADE BY ADVERTISEMENT IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF DELAWARE OR in a manner determined by Council. (Ord. 16-45. Passed 7-11-16, Approved 11-8-16)
SEC. 26. PUBLICATION. Every ordinance and resolution shall upon its final passage or adoption be recorded. Penal and regulatory ordinances, other than those published in the Ohio Revised Code or supplements thereto, shall be published by title with such further statement as may be necessary to indicate the nature of their provisions and penalties if any, and with their respective numbers and dates. Publication shall be made by POSTING ON THE CITY’S WEBSITE. POSTING SHALL ALSO BE MADE BY advertisement in a newspaper of general circulation in the City of Delaware or by posting on the City of Delaware website OR IN A MANNER DETERMINED BY COUNCIL. . (Amended 11-6-84; Ord. 16-45. Passed 7-11-16, Approved 11-8-16)
SEC. 45. SALARY OF MAYOR. For his/her services as Mayor the Mayor shall receive additional compensation to be set by ordinance, which may be changed agreeably to the provisions of Section 15 of this Charter governing the change of salaries of members of Council. (Ord. 16-45. Passed 7-11-16, Approved 11-8-16)
SEC. 46. CITY MANAGER; QUALIFICATIONS, ABSENCE OR DISABILITY. Council shall appoint a City Manager who shall be the chief executive and administrative officer of the City. The appointee shall be chosen by Council solely on the basis of executive and administrative qualifications and with special reference to actual experience in, or knowledge of the best practices in respect of the duties of the office as set forth in this Charter. The City Manager need not when appointed be a resident of the City of Delaware or of the State of Ohio, but shall reside in the City BEFORE BEING SWORN INTO OFFICE AND SHALL CONTINUOUSLY RESIDE IN THE CITY DURING HIS/HER TENURE while performing the duties of the office. No person who serves as a member of Council during any term, shall be appointed City Manager until at least one year after the expiration of such term. Council shall designate or provide by ordinance for the designation of some qualified officer in the administrative service of the City who shall perform the duties of the City Manager during absence or disability, or during temporary vacancies in the office of City Manager. (Amended 11-3-92; Ord. 16-45. Passed 7-11-16, Approved 11-8-16)
SEC. 59. TAXPAYER'S SUIT FOR ENFORCEMENT. In case the City Attorney, upon the written request of any taxpayer of the City, shall fail or refuse to make any application provided for in either of the three sections next preceding SECTIONS 56, 57 AND 58, such taxpayer may institute suit or proceedings for such purpose in his/her own name on behalf of the City. No such suit or proceeding shall be entertained by any court until such request shall first have been made to the City Attorney, nor until the taxpayer shall have given security for the costs of the proceedings
SEC. 73. COMPETITIVE BIDDING REQUIRED; EXCEPTIONS; REPORT OF CONTRACTS. Opportunity for competitive bidding shall be given before the awarding of any contract, so far as circumstances render it practicable. No contract or agreement shall be entered into except pursuant to advertisement and competitive bidding if such contract or agreement exceeds the amount established from time to time by State law for competitive bidding. Procedures for advertisement and bidding shall be established by ordinance, or in the absence thereof by the general laws of Ohio. CONTRACTS FOR PROFESSIONAL DESIGN SERVICES, AS THE TERM “PROFESSIONAL DESIGN SERVICES” IS DEFINED IN THE OHIO REVISED CODE, SHALL FOLLOW A QUALIFICATIONS-BASED SELECTION PROCESS. Contracts for professional SERVICES OTHER THAN THE PREVIOUSLY MENTIONED PROFESSIONAL DESIGN SERVICES or expert services or contracts for the acquisition of real property or any interest therein, shall not require advertisement and competitive bidding. But notwithstanding the foregoing provisions of this section, the City Manager may in cases of disaster or emergency determine that immediate action is necessary to preserve the public property, health, safety, or to restore or replace essential facilities, machinery, or equipment, which have been destroyed or rendered unusable, and thereupon may enter into contracts, agreements, or obligations without competitive bidding or without advertising, as in his/her judgment shall be for the best interest of the City and the public service. He/she shall report every contract, agreement, or obligation so entered into to Council at its next meeting, together with a statement of the reasons and circumstances therefor. (Amended 11-6-84)
SEC. 74. MANNER OF AWARDING CONTRACTS; EXECUTION. The City Manager shall award every contract as to which competitive bidding is required or obtained to the bidder with the lowest, RESPONSIBLE, AND RESPONSIVE and best bid, except that contracts pertaining to investigations or audits made by or under the direction of Council shall be awarded by Council. The City Manager shall execute all contracts and agreements to which the City shall be a party, except that the City Purchasing Agent may be authorized to execute contracts and agreements for the purchase of supplies, materials, and equipment or any of the same, by ordinance or by written order of the City Manager, and except that bonds and notes of the City shall be executed as may be provided by general law. The City has authority to use alternative construction project delivery methods, including but not limited to design-build, construction manager at risk, or single prime contractor. (Amended 11-3-92; Ord. 16-45. Passed 7-11-16, Approved 11-8-16)
SEC. 75. AUTHORITY TO MAKE CONTRACTS AND AGREEMENTS. The annual appropriation ordinance and supplements thereto shall be sufficient authority for the City Manager to enter into any contract or agreement the consideration of which is to be paid from monies appropriated therein. No other contract or agreement shall be entered into unless the ordinance appropriating money to be paid thereunder shall authorize such contract, or unless such contract shall be authorized by a separate ordinance. ANY CONTRACT OR AGREEMENT THE CONSIDERATION OF WHICH $0.00 IS TO BE APPROPRIATED MAY BE AUTHORIZED BY RESOLUTION. Council shall have no power by ordinance or otherwise to direct or require the City Manager to award any contract to any particular person, firm, or corporation as a condition of authorizing such contract, or otherwise. Every c ContractS to which the parties are the City of Delaware and any other governmental subdivision or subdivisions of the State of Ohio shallMAY be specifically authorized by RESOLUTION OR ordinance, except routine contracts for the services or products of public utilities, and final grant agreements once the grants have been approved by Council. (Amended 11-6-84; Ord. 16-45. Passed 7-11-16, Approved 11-8-16)
SEC. 77. HEARINGS; COPIES OF BUDGET. Upon receipt of the City Manager's annual appropriation budget and message Council shall cause the same to be referred to an appropriate committee for consideration and for the holding of not fewer than two public hearings thereon by such committee or by Council, at which hearings reasonable opportunity shall be afforded to interested citizens to present their views. The annual appropriation budget shall be made available, on the City's website, electronically, or via another method determined by Ordinance IN A MANNER DETERMINED BY COUNCIL, to enable such citizens to inform themselves as to the contents thereof, before such hearings. (Ord. 16-45. Passed 7-11-16, Approved 11-8-16)
SEC. 78. APPROPRIATION ORDINANCE, TEMPORARY AND ANNUAL. After public hearings on the City Manager's annual appropriation budget and message, and after consideration thereof by Council and its committee, and before the beginning of the ensuing fiscal year, Council shall pass an annual appropriation ordinance providing the means of operating the City services during such ensuing fiscal year. The total appropriations made by such ordinance from any fund shall not exceed the total resources of such fund for such year, as determined by official estimates. Such estimates for, and the appropriations from any fund may thereafter be increased whenever within such year the resources and receipts in such fund actually exceed the official estimates upon which the annual appropriation was based. If SHOULD Council be unable to complete THE REQUIRED NUMBER OF public hearings upon and its consideration of the annual appropriation ordinance before PRIOR TO THE TIME expenditures must be commenced in any fiscal year, it may pass a temporary appropriation ordinance or ordinances for such period not longer than TO EXCEED three months as it may find to be necessary, and expenditures made thereunder shall be charged against the annual appropriations when the same are made AND PASSED. (Amended 11-6-84)
SEC. 84. FINANCE DIRECTOR PROHIBITED FROM HOLDING OTHER POSITION Except as otherwise provided in the Charter, if the Director of Finance shall accept appointment by the City Manager to any office other than that of Director of Finance he/she shall thereupon be deemed to have vacated the office of Director of Finance. (Amended 11-6-84; Ord. 16-45. Passed 7-11-16, Approved 11-8-16)
SEC. 104. PROCEDURE IN CITY PLAN LEGISLATION. When Council refers any measure to the City Planning Commission under the provisions of Sections 103, 105, 106, OR 107, or 108 of this Charter, the City Planning Commission shall within twenty-five days (unless Council shall extend such period) consider the same and report to Council whether such measure or plat conforms to the City Plan or to the zoning plan or to the platting rules or regulations, as the case may be, and whether the Commission approves or disapproves the same, the reasons for its approval or disapproval, and if it disapproves, any recommendation it may have for the modification of the measure so that it may be approved. If the Commission approves such measure, either in its original form or as modified, the affirmative votes of four members of Council shall suffice for its passage or adoption. If the Commission disapproves, the affirmative votes of five members of Council shall be required for its passage or adoption notwithstanding such disapproval. (Ord. 16-45. Passed 7-11-16, Approved 11-8-16)
SEC. 105. PLANNING COMMISSION REVIEW AND RECOMMENDATION OF PLANS FOR DEVELOPMENT. All Council actions relating to planning, development, redevelopment, subdivision, zoning, rezoning and zoning text amendments of private or public owned property shall be referred to the City Planning Commission for review and recommendation prior to any such action by Council. (Amended 11-3-92)
SEC. 108. RECORDATION AND ACCEPTANCE OF PLATS. No plat of any subdivision or land within the City of Delaware or subject to its platting jurisdiction, nor any instrument dedicating land to any public use of the City of Delaware, shall be accepted or recorded or shall have any validity unless it be first submitted to Council for its acceptance or rejection. Upon any such submission Council shall refer any measure proposing to accept such plat or instrument or to approve or accept such subdivision, or to accept any ways or grounds dedicated thereby or therein, to the City Planning Commission, and subsequent actions thereon shall be subject to the provisions of Section 104 of this Charter. The dedication of any such lands for ways or public grounds shall be deemed to convey to the City the title thereof in fee simple. EVERY PLAT OF ANY SUBDIVISION OR LAND WITHIN THE CITY OF DELAWARE OR SUBJECT TO ITS PLATTING JURISDICTION SHALL BE SUBMITTED TO THE CITY PLANNING COMMISSION; AND, SUBJECT TO FULFILLING ALL REQUIREMENTS SET FORTH IN THE SUBDIVISION REGULATIONS OF THE CITY OF DELAWARE PLANNING AND ZONING CODE, THE PLANNING COMMISSION SHALL GIVE FINAL APPROVAL OF ANY PLAT OR INSTRUMENT OR APPROVE OR ACCEPT SUCH SUBDIVISION OF LANDS, OR ACCEPT ANY WAYS OR GROUNDS DEDICATED THEREBY OR THEREIN THROUGH AN INSTRUMENT ONLY IN RELATION TO THE PLATTING OF LANDS. ANY INSTRUMENT DEDICATING LAND TO ANY PUBLIC USE OF THE CITY OF DELAWARE SHALL BE PRESENTED TO THE CITY MANAGER, AND RECOMMENDED TO COUNCIL THROUGH THE CITY MANAGER OR PARK BOARD, AS APPROPRIATE, UPON WHICH COUNCIL WILL MAKE THE FINAL DECISION TO ACCEPT ANY WAYS OR GROUNDS DEDICATED THEREBY OR THEREIN. THE DEDICATION OF ANY SUCH LANDS FOR WAYS OR PUBLIC GROUNDS SHALL BE DEEMED TO CONVEY TO THE CITY THE TITLE THEREOF IN FEE SIMPLE.
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