|
Please substitute for Ordinance
<br />re/erred to ~ Finance Coca, tree/'
<br />Co. lite· on I)ece~nber 17, ].984.
<br />
<br />OI~I~A~CE ~o. 90-8A )y: Brown, Chinnock, Graham,
<br />
<br /> l~cBride, Salmon, Wendling
<br />
<br /> AN ORD~q~Ct to hpl~ent ~en~ts to the City's Charter
<br />approved by the electors of the City at the ~ovember, 1981 election
<br />respect to procedures for =~ardtnS contracts by the City's departments
<br />~nd Lakewood Hospital. -
<br />
<br /> ~A£REAS, Section 3 of Article X¥III of the Ohio Constitution
<br />srants all powers of local self-soy·mm·at to municipal corporations,
<br />tncludini the City of Lakewood, Ohio (the "City"), ·nd
<br />
<br /> ~HEEEAS, the case law of Ohio holds that ~atters respectinE
<br />contracts ·nd expenditures thereunder ·re ~atters of local self-roy·m-
<br />meat that ~ay be exercised under · ~unicipal charter, tncludinE the
<br />City's Charter, ·nd such exercise of · power of local self-goverm~ent
<br />prevails over state statutory law with certain exceptions, and
<br />
<br /> ~H£RFAS, as a~ended by · vote of the people of the City,
<br />Sect/ch 3 of Article V of the Charter of the City with respect to its
<br />administrative departments (the "Departments"), and D/visions
<br />through (D) of Section 3 of Article XX of the City's Charter,
<br />respect to Lakewood Hospital (the "Hospital"), provide for the4/xercise
<br />of the City's powers of loc·! self-govermnent concerning the purchasin
<br />and contractinE for public ~provemencs, works ~d repairs ~enerally
<br />~d, with ~espect to the Hospital, for purchastnE all necessa~ sup-
<br />plies, material or equipment, and
<br />
<br /> ~HEREAS, such Charter provisions authorize this Council to
<br />specify the dollar amount for which there shall be competitive bidding,
<br />prescribe the procedure for competitive bidding, and determine the
<br />circumstances, if any, when competitive bidding shall not be required,
<br />and
<br />
<br /> '~AEREAS, such Charter provisions require, until this Council
<br />takes such action, that the general laws of Ohio applicable to seneral
<br />statutory-plan cities shall %overnwith respect to such ~atters, and
<br />
<br /> I~H£REAS, Section 2 of Article I of the City's Charter provides
<br />in applicable part that *'All powers shall be exercised in the ~anner
<br />prescribed by this Charter, or if not prescribed herein, then in such
<br />manner as shall be provided by ordinance; or resolution of the Council.",
<br />and
<br />
<br /> ~/EREA$, the Charter's provisions referenced hereinbefore ~o
<br /> not provide specific procedures ~r/th respect to all ~atters concernin~
<br />'the City's powers to contract,.and
<br />
<br /> ~/EREAS, this Council hereby determines to exercise its po~ers
<br /> pursuant ~o Section 2 of Article I, Sec'£ion 3 of Article V, and Section
<br /> 3 of Article XX of the City's Charter: no~ therefore;
<br />
<br />BE IT O~DAINE) BY TH~ COUNCIL OF THE CITY OF LAKE~OOD, OHIO:
<br />
<br /> Section 1. That new Sections 111.01, 111.02, 111.03, Ill.0&,
<br />111.0~ and 111.06 of the Codified Ordinances, to be contained in · new
<br />Chapter 111 of the Codified Ordinances entitled "Purchasing and Con-
<br />tract/nE", are hereby enacted to read is follows:
<br />
<br />
<br />
|