36-11 Submit to electors changes in the Charter

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dente and make findings of contempt in the Mayor's investigation of city activities, all of which are functions reserved for the judiciary; and WHEREAS, Article II, Section 8 stands to be modernized in order to grant City Council the authority to designate the acting mayor if the Mayor is temporarily absent, and to appoint the interim mayor if the Mayor's office becomes vacant by death, resignation or removal, ensuring that at all times the Mayor of Lakewood will be a qualified elector; and WHEREAS, Article III, Section 2 contains confusing wording and thus should be amended to clarify that an election must be held to fill a vacant City Council position if the va- cancy occurs more than two years and 105 days prior to the next election for that position; and WHEREAS, Article III, Section 5, Article III, Section 8, Article XVI, Section 9, and Arti- cle XVII, Section 3, Notice, should be amended to give the votes of appointed Councilmembers the same effect as those of elected Councilmembers, as the fiduciary responsibilities of the office do not change merely by virtue of how the officeholder earned the Council position; and WHEREAS, Article III, Section 12 should be modernized to give the City more flexibil- ity in determining how and where to post notices of official municipal actions, particularly as the practice of physically posting thousands of pages of paper at places like the police headquarters and fire stations is one that is outmoded, inefficient and wasteful in the digital era; and WHEREAS, Article VII, Section 2 should be amended only to clarify that the City may use its home rule authority to limit, as necessary, the duties imposed upon its law director by those outside our municipal government; and WHEREAS, Article XVI, Section 31 should be amended to include the city sewer system among those municipal improvements that may be supported by the millage identified in that sec- tion, particularly as that type of flexibility is needed by the City while it responds to the sewage- and stormwater-related environmental improvements sought by federal and state authorities; and WHEREAS, pursuant to the Charter and the Constitution of the State of Ohio, Council by no less than two-thirds' approval of its members, has determined to authorize and direct the submission to the electors of the City of Lakewood the questions related to the charter changes identified in this ordinance, at the general election to be held on Tuesday, November 8, 2011, which election is not less than 60 nor more than 120 days from the effective date of this Ordi- nance; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this ordinance is an emergency measure, and that the ordinance shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in that the deadline for submission of municipal charter amendments to the Cuyahoga County Board of Elections is Friday, September 9, 2011; now, therefore z