Label
Proposed Text Amendments to Toledo Charter
City Council
Title
Providing for the submission to the electorate of City of Toledo at a special election on November 3, 2026, of a proposed text amendment to the Charter; directing the Clerk to notify the appropriate election authorities of the same; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Law Department proposes amending Section 5 of the Charter of the City of Toledo which deals with how the Charter can be amended. The purpose of the proposed amendment is to bring the Charter into compliance with Article XVIII, Sections 8 and 9, of the Ohio Constitution and to make the amendment process easier to understand. This ordinance authorizes placing the question before the electorate.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That the proposed amendments to the Charter of the City of Toledo, as set forth below, be submitted to the electors of the City of Toledo at a special election to be held on November 3, 2026.
SECTION 2. That Toledo Charter §5 states as follows:
Section 5. Amending Charter.
Any amendment to this Charter may be submitted 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 not less than ten percent of the electors. In either case, the proposed amendment shall be voted upon at the next regular municipal election if one shall occur not less than sixty, nor more than one hundred and twenty days after the passage of a resolution therefor by the Council. Otherwise, a special election shall be called and held within the time aforesaid for the consideration of such proposed amendment. It shall 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 or her determination that a sufficient petition for submission has been filed with him or her; and the Clerk shall request the election authorities to provide for an election as aforesaid. The full text of the proposed Charter amendment shall be published once a week for not less than two consecutive weeks in a newspaper published in the municipal corporation, with the first publication being at least fifteen days prior to the election at which the amendment is to be submitted to the electors. If no newspaper is published in the municipal corporation, then such publication shall be made in a newspaper of general circulation within the municipal corporation.
Shall be amended to read as follows:
Section 5. Amending Charter.
(a) How an amendment is proposed. An amendment to this Charter may be proposed in either of two ways:
(1) Through an ordinance approved by a two-thirds vote of all the members of the Council, providing for the submission of the proposed amendment to the electors; or
(2) By a petition setting forth the full text of the proposed amendment, signed by not less than ten percent of the electors of the City, and filed with the Clerk of the Council.
(b) Duty of the Council upon a sufficient petition. The Clerk shall determine the sufficiency of a petition as provided in this Charter and shall certify that determination to the Council. Upon certification that a petition is sufficient, the Council shall forthwith pass an ordinance providing for the submission of the proposed amendment to the electors.
(c) Election. The ordinance shall provide that the proposed amendment be submitted to the electors at the next regular municipal election occurring not less than sixty nor more than one hundred twenty days after passage of the ordinance. If no regular municipal election will occur within that period, the ordinance shall provide for a special election to be held within that period.
(d) Notice to the election authorities. Upon passage of an ordinance submitting a proposed amendment, the Clerk shall notify the election authorities of its passage and shall request that they provide for the election.
(e) Notice to the People. Notice of the proposed amendment shall be made in the manner provided by Article XVIII, Section 9 of the Ohio Constitution, including newspaper advertising as authorized by the laws of the State of Ohio.
(f) Effect of approval. If a majority of the electors voting on a proposed amendment approve it, the amendment becomes a part of this Charter.
(g) Certification to the Secretary of State. Within thirty days after the adoption of an amendment, the Clerk shall certify a copy of the amendment to the Ohio Secretary of State.
SECTION 3. That the foregoing amendment to the Charter of the City of Toledo shall take effect immediately upon approval by the electors of the amendment and in accordance with the provisions thereof. The Clerk of Council is hereby ordered and directed to provide a copy of any approved Charter amendment to the Ohio Secretary of State within thirty (30) days after the vote of approval by the electors.
SECTION 4. The Clerk of Council is hereby ordered and directed to certify to the Board of Elections of Lucas County, Ohio, this enacted ordinance for the submission of the above amendment at an election to be held at the time stated above. Clerk is also directed to request the Board of Elections to place the question of adopting the amendment to the Charter before the electorate at said election. The Clerk of Council is further ordered and directed to publish the full text of the proposed Charter amendment once a week for not less than two (2) consecutive weeks in a newspaper of general circulation in the City of Toledo, with the first publication being at least fifteen (15) days prior to the election at which the amendments are to be submitted to the electorate.
SECTION 5. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency is due to deadlines imposed by the Charter and state law regarding the timely submission of ballot initiatives to the appropriate election authorities for the next general election.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council