80-81 Submit to voters - Article XXI Sect 11 - Franchises

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ORDINANCE NO. 80-81 By: Rrown~ Ch~nno~k~ Gallmgh~r~ Graham, MCBride, Wendling An emergency ordinance to provide for the submission to the electorate of the enactment of new Article XXI, Section 11 of the Amended Charter of the City of Lakewood, pertaining to franchises; preparation and approval by the Director of Law of bonds, notes or other debt lnstuments of the City; and certification by the Director of Finance of the availability of funds with respect to ordinances or resolutions authorizing the issuance of debt instruments. WHEREAS, an emergency exists in that this proposed Charter amendment is to be presented to the electorate of the City of Lakewood at the general elect~on to be held on November 3, 1981; and WHEREAS, for the foregoing reason, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, sa~fety and welfare; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO, ~fO-THIRDS OF ALL MEMBERS ELECTED THERETO CONCURRING: Section 1. That the question of the enactment of new ArtiCle XXI, Section 11 of the Amended Charter of the City of Lakewood, so that the same shall be and read as follows: ARTICLE XXI. GENERAL PROVISIONS. SECTION 11. EXCEPTIONS FOR BONDS, NOTES AND OTHER DEBT INSTRUMENTS. (A) Nothing contained zn Arnzcle XIX, Sections 8 and 18 of Article III, or any other provisions of this Charter with respect to specific restrictions upou the grant~ng, renewzng or extending, or procedure for granting, renewing or exnend- ing, franchises or other special privileges shall apply to franchises or other special privileges given in connection with the issuance of bonds, notes or other debt ~nstruments by the City. Grants, renewals or extensions of franchzses given ~n connection w~th the ~ssuance of bonds, notes or other debt ~nstruments by tile City shall conform to any applicable pro- vls~ons of the Ohio Constitution. (B) Sectzon 1 of Article VII of this Charter shall not require the Director of Law to prepare or endorse h~s approval of the form and correctness on bonds, notes or other debt instruments of the City, when the City has engaged other counsel as bond connsel to prepare and render approving opinions with respect to such bonds, notes or other debt ~nstruments of the City.