Div. 3. Board of aldermen in Toledo. Board of councilmen. Election, Election of aldermen in Toledo. Election of councilmen. Organization of boards. Election of presiding officers, etc. Council and Boards of Aldermen. Ch. 2. The thirteenth, fourteenth, fifteenth, sixteenth, and twenty-second wards shall constitute the fourth district. And the seventeenth, eighteenth, nineteenth, twentieth, and twenty-first wards shall constitute the fifth district. [75 v. 56, § 1.] SEC. 3. In cities of the third grade of the first class the board of aldermen shall consist of one alderman from each ward, and they shall be elected for the term of two years. [67 v. 7, § 2.] SEC. 4. The board of councilmen shall consist of two councilmen from each ward, and they shall be elected for the term of two years. [66 v. 163, § 82.] SEC. 5. In cities of the first grade of the first class, in which six members of the board of aldermen were heretofore elected in each district, those in the odd numbered districts to serve for two years, and those in the even numbered districts to serve for four years, hereafter at the expiration of the terms of such members, six members shall be elected to serve for the period of four years in each district. [75 v. 56, $1] SEC. 6. In cities of the third grade of the first class, the members of the board of aldermen in office shall hold their offices until the expiration of their terms, at which time their places shall be filled, at annual municipal elections, by the election of aldermen, to serve for the term of two years. [67 v. 7, § 2.] SEC. 7. Members of the council in office shall serve until the expiration of their respective terms, and at each annual municipal election hereafter, one member of the council shall be elected in each ward to serve for two years; and where a new ward is created, the mayor, in his proclamation, shall give notice to the electors that at the next municipal election they shall vote, in such ward, for one member for one year, and one member for two years, designating the term on their ballots. [66 v. 163, § 85; 68 v. 53, § 410.] Aldermen and councilmen, within ten days after their election, shall assemble, upon separate days, and organize their respective boards, and it shall be the duty of the mayor, or, in his absence or inability, the clerk, to call to order the members elect, and the members holding over, and, as the members elect are called, each shall present his certificate and take the required oath or affirmation; and a majority of the members elected to either of said boards shall constitute a quorum for the transaction of business. [70 v. 16, § 3; 66 v. 164, § 86.] SEC. 9. Each board shall elect a president and vice-president from its own body; and it shall be the duty of the president to preside at all meetings; but in his absence the vice-president shall preside, and in the absence of both officers a president pro tempore shall be elected; and all officers required to be elected by either board, in separate or joint session, shall be elected viva voce. [70 v. 17, § 3.] Div. 3. Council and Boards of Aldermen. Ch. 2. boards. SEC. 10. Each board shall meet in the council chamber Meetings of at least twice each month, on such days as it may select; but both boards shall not meet in separate session on the same day, nor shall either board meet on the day after a meeting of the other branch, except in joint session; provided, that if such boards, at any time, appoint meetings, or be called to meet, on the same day, the board of aldermen shall have precedence on any Tuesday, Thursday, or Saturday, and the board of councilmen shall have precedence on any other day. [67 v. 7, § 4.] Acts to be by concurrent ordinance. of mayor. SEC. 11. Every legislative act of the common council shall be by ordinance, resolution, or order, which shall have passed the two boards; any ordinance, resolution, or order may originate in either board, and when it has passsed one board, may be rejected or amended in the other; and at least one week shall elapse, after the passage by one board of any ordinance, resolution, or order involving the expenditure of money, or approving any contract for the payment of money, or granting any franchise, or creating any right, before the passage of the same by the other board. [67 v. 7, § 5.] SEC. 12. The votes of a majority of all the members Veto power elected to each board of the common council shall be necessary to pass any ordinance, resolution, or order in which an expenditure of money is involved; and every ordinance, resolution, or order in which an expenditure of money, or the approval of a contract for the payment of money, or for granting a franchise, or creating a right, or for the purchase, lease, sale, or transfer of property, which shall have passed both boards of the common council in separate session (except such as levying special taxes for the improvement of streets), shall, before it takes effect, be presented, duly certified by the clerk, to the mayor of the city for approval. [70 v. 18, § 1.] SEC. 13. The mayor, if he approves such ordinance, resolution, order, or contract, shall sign it, but if he does not approve it, he shall return it with his objections to the board in which it originated, within ten days thereafter, or, if such board is not in session, at its next meeting thereafter, which objections the board shall cause to be entered in full on its journal: provided, that the mayor may approve the whole, or any item, or part of any such ordinance, resolution, order, or contract presented to him for his signature; and if he does not return the same within the time above limited, it shall take effect in the same manner as if he had signed it. [70 v. 18, §§ 1, 3.] SEC. 14. When the mayor refuses to sign any such ordinance, resolution, order, or contract, or part thereof, and returns it to the proper board with his objections, the board shall, after the expiration of not less than ten days, proceed to reconsider the same, after first notifying the other board, or the president thereof, of the action of the mayor, and if such ordinance, resolution, or order is approved by the votes His duty as to ordinances, etc. Passage of ordinance after veto. Div. 3. Joint session Council and Boards of Aldermen. Ch. 2. of two-thirds of all the members elected to each board, in separate session, it shall then take effect as if it had received the signature of the mayor; and in all such cases the vote of each board shall be determined by yeas and nays, and the names of the persons voting for and against the adoption of such ordinance, resolution, order, or contract shall be entered on the journal of the board. [70 v. 18, § 2.] SEC. 15. Where, under this title, the election or confirmaof the board. tion of officers or agents is made the duty of the council, the two boards shall, for that purpose, meet in joint session, and the election or appointment of all such officers or agents, or of any board created by or working under the same, shall be held immediately after the organization of the common council. [67 v. 8, § 6.] City clerk. Special meetings. Council in cities and villages. Terms of office. Term of office, how as certained in certain cases. SEC. 16. The city clerk shall be elected by both branches of the common council, and be the clerk of each board. [67 v. 8, § 6.] SEC. 17. The mayor, or any three members of either SUBDIVISION II. COUNCIL IN VILLAGES AND CITIES OTHER THAN SEC. 18. The legislative authority of villages shall be vested in a council, consisting of six members, except that in villages divided into three or more wards, such authority shall be vested in a council composed of two members from each ward; and the legislative authority of cities, except as herein before provided, shall be vested in a council consisting of two members from each ward. [66 v. 163, § 82.] SEC. 19. Members of the council in office shall, unless a vacancy sooner occurs, serve until the expiration of their respective terms; at each annual municipal election, one member of the council shall be elected in each ward to serve for two years; where villages are not divided into wards, three members of council to serve for two years, shall be elected at such election; and where corporations are advanced in grade, or new corporations or new wards created, at the first election for council, the mayor, in his proclamation, shall give notice to the electors to vote, in each ward, for one member for one year, and one member for two years, designating the term on their ballots. [66 v. 163, § 85; 68 v. 53, § 410.] SEC. 20. When an election is held in a city or village for members of the council, and a portion of the members are to be elected for the full term, and a portion to fill vacancies, and the electors fail to designate on the ballots the length of the terms of the persons elected, the members so elected shall, Div. 3. Council and Boards of Aldermen. at the first regular meeting of council in May, or at such time as the council may designate, determine, by lot, the the term of office to be held by each; and in cases of cities or villages that are divided into three or more wards, such lot shall be cast between members sitting for the same ward; but in case any member of the council fails to attend at the time specified for casting lots, the mayor shall act in casting lots for such member, and the result of the determination by lot herein provided shall fix the terms of office of the members of such council as fully as though they had been originally chosen by ballot for such terms. [70 v. 163.] SEC. 21. The mayor, or in his absence or inability, the clerk, at the hour of the first regular meeting of the council after the second Monday of April, in each year, shall call to order the members elect, and those holding over, who may be assembled; and as the members elect are called, they shall present their certificates and take the required oath; and a majority of all the members elected shall constitute a quorum for the transaction of business; and in villages, the mayor shall be president of the council, but shall have no vote, except in case of a tie, and in his absence from any meeting, the council shall appoint one of their number to perform his duties for the time being. [66 v. 164, § 86.] SEC. 22. In cities, under this subdivision, if the members elect of the council and the members holding over, then present, constitute a quorum, they shall, forthwith, proceed to organize by electing a president and president pro tempore, from their own number, a clerk, and such other officers, necessary to perfect their organization, as by ordinance may be provided; and no business shall be transacted until such organization is effected: provided, that in cities of the second class, the mayor shall be ex-officio president at the time of such organization, and in case of a tie vote in the choice of any officer at such organization, the mayor shall give the casting vote. [74 v. 143, § 87.] SEC. 23. The council shall not be required to hold more than one regular meeting in each week; and the meetings may be held at such time and place as may be prescribed by ordinance, and shall, at all times, be open to the public; and the mayor, or any three members, may call special meetings upon notice to each member, served personally, or left at his usual place of abode. [66 v. 164, § 90.] SUBDIVISION III. COUNCIL AND BOARDS OF ALDERMEN; GEN- SEC. 24. The council shall have the management and Prerogative. control of the finances and property of the corporation, ex cept as may be otherwise provided, and have such other powers and perform such other duties as may be conferred by law. [66 v. 163, § 84.] Div. 3. Judge of election and qualification of members. Members must be residents, etc. ble. Ex-officio members. Council and Boards of Aldermen. Ch. 2. SEC. 25. The council, and when of two branches, each branch, shall be the judge of the election, returns, and qualifications of its own members, shall determine the rule of its procedure, and keep a journal of its proceedings, and may compel the attendance of absent members in such manner and under such penalties as may, by ordinance, be prescribed. [66 v. 164, § 88.] SEC. 26. A member of the council or board of aldermen, must be a resident of the corporation for which he is elected, and if the corporation is divided into wards or districts, then a resident of the ward or district for which he is elected; and when by reason of an alteration in the boundaries of a ward or district, the residence of a member whose term of office has not expired, is in a ward or district of a different number from the one for which he was elected, he shall, nevertheless, be deemed to represent the ward or district which, at the time of his election, included his residence; provided, that if any ward or district, by annexation or otherwise, is entirely absorbed, and its identity destroyed, the office of the alderman and councilmen thereof shall cease. [67 v. 70, § 83.] SEC. 27. No person shall be eligible as a member of the Who ineligi- council who holds any municipal office, or is an employé under the government of the corporation. [66 v. 165, § 93.] SEC. 28. The mayor, city auditor, city civil engineer, and city solicitor, shall have seats in the council and board of aldermen, and be entitled to take part in the proceedings and deliberations on all questions relating to their respective departments, subject to such rules as the council shall, from time to time, prescribe, but without the right to vote; and such officers may be compelled to attend meetings of the council or board of aldermen in the same manner as the members. [67 v. 70, $ 89.] Compensa tion of members. Expulsion and removal of members. Expulsion of officers. SEC. 29. No member of the council or board of aldermen shall receive any compensation for his services, either as councilman, alderman, committeeman, or otherwise, except when acting as judge of election, when he shall receive such compensation as is provided by law for a judge of election. [67 v. 71, § 91.] SEC. 30. A member of the council may be expelled or removed from office by a vote of two-thirds of all the members elected, and in cities where there is a board of aldermen, by a concurrent vote of two-thirds of all the members elected to the branch of which he may be a member, but not a second time for the same cause. [66 v. 165, § 94.] SEC. 31. An officer or agent, appointed by authority of and removal this title, except as otherwise provided therein, may be removed from office at the pleasure of the council by a vote of a majority thereof; an officer elected may be removed from office by a concurrent vote of two-thirds of all the members elected to the council; and in case of elective officers, pro |