36-11 Submit to electors changes in the Charter

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Placed on first reading and referred to Committee of the Whole 7-5-11; second reading 7-18-11; substitute for original 7-25-11. ORDINANCE NO. 36-11 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by law, providing for the submission to the electors of the City of Lakewood, amendments to the Second Amended Charter of the City of Lakewood, in order to provide consistency within and modernize the language of the Charter. WHEREAS, Article XVIII, Section 9 of the Ohio Constitution permits City Council the authority to submit proposed amendments to the Charter to the electors of the City by a two- thirds vote of Council; and WHEREAS, Article XXIII, Secfion 6 of the Charter permits City Council the authority to submit proposed amendments to the Charter to the electors of the City by atwo-thirds vote of Council; and WHEREAS, the Second Amended Charter is currently inconsistent with the Codified Or- dinances in certain circumstances; and WHEREAS, while the Charter is a functional fundamental document upon which City ac- tions are based, it contains some language that is outmoded or inefficient within the context of modern legislative and business practices; and WHEREAS, it is the intention of City Council to place before the electors of the City cer- tain charter amendments which, if adopted, would strengthen the City's home rule authority un- der the Ohio Constitution; and WHEREAS, while the Charter was written with clarity nearly throughout, certain lan- guage stands to be clarified in order to obviate conflicts in interpretation and to better set forth the will of the citizens of the City; and WHEREAS, Article I, Sections 2 and 3 stand to be amended in order to reflect that the City may perform any actions permitted under the Charter and the Constitution of the State of Ohio; and WHEREAS, Article II, Section 7 is antiquated and stands to be amended to eliminate the quasi judicial authority granted to the Mayor to compel witnesses, compel production of evi-