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LEGAL NOTICE - 311 Charter
<br />Amendments --News Herald--
<br />Oct. 7 & 14, 1986
<br />PtJ13LIC Fa(3,TICE. . "
<br />. ~ LGGAL NtOTtCE
<br />Please -take notice that the • Charter
<br />Review Commission of Mayfield Village,
<br />Ohio has proposed seventeen (17) amend-
<br />, ments to the Village Chartor; all of which
<br />swill appear on the ballot at the general
<br />election to be held on Tuesday, November
<br />4, 1986. Tha full text of each proposed
<br />amendment follows: -
<br />' 1.&rticirs ill,-Section 1__•_- -
<br />"Th I I t veers of tn~ Municipality
<br />
<br />e ogre a five po
<br />except as otherwise provided by the Char-
<br />ter and b~ the Consfitution of tfie State of
<br />Ohio, shall be vested in a Council of seven
<br />:: (7) members, each of whom• shall be
<br />efeotgqd at-large for a term of four "(4) years
<br />comrlrencing on the first day of January
<br />i next after their election, or until their sac-.
<br />cessors are elected and .qualified."
<br />2. Article Ili, Secticn 1
<br />"The legislative powers of the fvttinicipality,
<br />except as otherwise pprovided by the Char-
<br />• tern and by the"Constitution of the State of
<br />Ohio shall be vested in a Council of five (5)
<br />members each of whom shall be elected sit
<br />large for a term of two (2) years commenc-
<br />ing•on the first day.of , anuary next after
<br />their e!ecUon, or until their successors are
<br />elector throughout h+s term of o face.
<br />member of Council shall not hold any othe
<br />elected public office or other employymen
<br />with Mayfield Village, but may be a Nota
<br />Public, a member of the State Militia o
<br />Reserve Corp of the United States, antes
<br />otherwise prohibited byy this Charter. An
<br />' 'member of Council wT+o shall cease t
<br />possess any of the qualificatjons enume
<br />ated herein shall forfeit his office, bu
<br />failure to maintain such qualifications she
<br />• not render void or inoftcetive any action
<br />the Council in which such member ha:
<br />participated. In addition to the foregoing
<br />qualifications, no person shall be eligible t~
<br />serve as a member of Council from a wary
<br />unless such person has, for at least one (1
<br />continuous year immediately prior to eithe
<br />his election : or apppointment,. physic~ll
<br />resided in the ward to be represented an
<br />• during such term of office shall continue t
<br />ph sically reside in that same ward."
<br />4. 111 .section 7
<br />"fa) fihe Council shall have the power to fi
<br />a00 compensation paid by the Municipalit
<br />and the salary of its own members.excef
<br />as otherwise pprovided in this Charter. Ar
<br />parson may. be required by the Counc
<br />from time-to-time, to furnish a bond for th
<br />faithful r~rfnrmance of that DefSOn'S d~
<br />qualified person acce- pts the 3acant Coun-
<br />cil seat, or if there were no other candi- si
<br />dates for that Council seat at the last re
<br />regular ;municipal -election, then the va-
<br />ll
<br />f
<br />d
<br />t
<br />ll b
<br />fitt
<br />d b
<br />h c'
<br />el
<br />e o
<br />a
<br />y a major
<br />y vo
<br />e
<br />e
<br />:cancy s
<br />a
<br />. of the remaining members of the Council• c'
<br />and if the.vacancyshall not be so filled• n
<br />.within thirty (30) days, the Mayor shall till it
<br />Eby a pointmen .Each member of Council
<br />ll '
<br />i
<br />h
<br />d h K
<br />n
<br />n s
<br />a
<br />.
<br />ere
<br />to fill a vacancy as provide
<br />hold office for the balance of the. unexpired ;
<br />term or until the be inning of the term of a ; T
<br />tv
<br />-successor elected for the Unexpged term .
<br />as hereinafter provided. A successor shall ~ it
<br />C
<br />' be;elected for she unaxpfired term at the
<br />next regular municipal election if (a) such n
<br />c
<br />• election shall occur more than . hvo (2)
<br />i years prior to the expiration of the unex- I a
<br />tl
<br />~ pired term and (b) the vacancy shall have
<br />- a
<br />more than one hundred twenty
<br />occurred
<br />' (120) dayys pF~~rior to such election:"
<br />1
<br />S
<br />i
<br />F
<br />on
<br />y6. Article IV;
<br />r3ct
<br />The Mayor shall. be elected far a term of a
<br />'two (2} years commencing on'the first day r'
<br />of January, next following such election, r
<br />and shall serve until his successor is duly ?
<br />' elected and 'qualified."
<br />~
<br />" ~
<br />C
<br />7. Ariiae IV, Ssctian. 2 .
<br />~
<br />"
<br />" t
<br />Mayor shat) have physically resided
<br />The
<br />and been a qualified elector of the Munici- e
<br />•pality for at least three (3) continuous years; r
<br />immediately preceding his ;election and t
<br />shall continue to physically reside in and
<br />i
<br />li
<br />r
<br />pa
<br />ty
<br />be a qualified elector.of U7e Munic
<br />throughout his :term of office. The Mayor S
<br />shall not hald•any other elected public
<br />office or other employment with Ma•~field
<br />a
<br />but maybe a Notary Public
<br />Village ~
<br />I
<br />,
<br />,
<br />mein-bar of the • State Militia or Reserve I
<br />Corp of -the United States, unless other-
<br />wise,protnbited by the Charter.'
<br />-
<br />O. Sacticn.IV Section 5
<br />(bj
<br />"The Mayor s?~all be the chef executive I
<br />officer of the Municipality. Except as may
<br />otherwise be provided in this Charter, he
<br />shall (1) supervise the administration of the
<br />Municipality s affairs; (2). except "for com- .
<br />mittees of Council, appoint such Commit-.
<br />tees and. their chairman 'as he deems
<br />necessary, subJ'ect to confirmation by a
<br />ma ority vote of the members of• Council,
<br />~
<br />exercise control over all committees"
<br />an
<br />and departments of the Municipality ex-
<br />cept Council and Committees thereof; (3)
<br />be the chief -conservator of the peace
<br />within the Municipality and cause all laws
<br />and ordinances to be in force therein; (4)
<br />see that all terms and conditions imposedd
<br />in favor.of the Municipality of its inhabit-
<br />ants in any franchise or contract to' which
<br />t f "thf II
<br />shall be divided into four ((4) wards as set
<br />' forth in the Appendix tc tAis Charter, and
<br />one' member of Council shall be elected
<br />from each ward, with the remaining mem-
<br />ber or members of Council to b@'elected
<br />at-large. ~ -
<br />3. Article Ill, Section 4
<br />' Each member of Council shall have physi-
<br />cal)yy resided and been aqualified-elector
<br />of Ihg. Municipality •for at least three (3)
<br />continuous years.+mmediately prior to his
<br />-election or appointment, and shall con-
<br />tinue to physically reside and ~ a qualified
<br />the Municipality +s a par y are ai u y
<br />kept and performed; (5) recommend to
<br />Council such measures as he deems nec-
<br />essary ar appropriate for the welfare of the
<br />Municipality and keep Council advised of
<br />the condition and future of the Municipal-
<br />ity; (li) act as the official and c femonial
<br />head of the Municipal goverment; (7)
<br />execute on behalf of the Municipality
<br />along with the President of Council, a1j
<br />contracts, conveyances, evidences of in-
<br />debtedness and all other instrumehts to
<br />which the Municipalit is a party; (8 have
<br />A custody of the seal ofythe Municipality and
<br />ry perform, such other duties as are conferre~
<br />r- +rconsistant therewith. The Mayor shall be
<br />of Governor of Ohio for military purposes, and
<br />r affix it to alt of the aforesaid documents,
<br />t but the absence of the seal shall not affect
<br />the validy of any such instrument; and (9
<br />s or required by this Charter, by. any ordi-
<br />nance or tesolut+on of the Council or by the
<br />o general laws of the State of Ohio not
<br />t recognized as the official and ceremonial
<br />II head of the municipal government by the
<br />by.the Courts for the purpose of serving
<br />civil processes.
<br />9. Arttcle ItJ Section 7
<br />"When the Mayor is absent from the
<br />Municipality, or for any reason is unable to
<br />perform the duties of Iolayor, the President
<br />of Council shall become the acting Mayor,
<br />and while so acting shall have and exer-
<br />cise all of the powers of the Mayor, but,he
<br />shall not thereby cease to be the President
<br />of Council. When both the Mayor and the
<br />President of Council are absent from the
<br />Municipality,: or far an reason both are
<br />unable to.perform the duuties as f'vlayor the
<br />President Pro Tem of the Council shad be
<br />.come the acting Mayor, and, while so
<br />acting shall have and exercise all of the
<br />ppowers of the Mayor, but . he shall not
<br />thereb cease to be the President Pro Tem
<br />of the Council. A majority of the members
<br />elected to Council-shat! determine when
<br />the absence or inabilify to perform duties
<br />of the officials named herein requires the
<br />implementation of the provisions of this
<br />10C 3action IV, Section 9
<br />"The Council mayy remove the Mayor for
<br />ggross _misconduct, or malfeasance in cr
<br />disqualification for office„or for the convic-
<br />tion while` in office of- a • crime irivoiving
<br />moral terpitude, "or. if adjudicated le ally
<br />incompetent, or for a violation of his oa~h of
<br />office• provided,'howPVer, that-such re=
<br />movaj,=shall, not take place .without the
<br />affirmative vote of •two-thirds ° (2/3) of the
<br />members olz?cted to Council nor until the
<br />' Ma or shall have been notified in wriiin of
<br />. ties yndthe Council shall pprovide that the
<br />rem+um for such bond be ,paid by the
<br />Municipality. The Council shall not in-
<br />crease the compensation for itself or the
<br />P"ayor from and after the effective date of
<br />this 8ect+cn unless such increase in com•
<br />pensation has been enacted by Ordinance
<br />.and submitted to the electorate for ap
<br />prrnlal . by a majority vote• thereof. SucY
<br />' compensation,=vehen so fixed, shalt ,be:
<br />.- come:effective on the first day. of January
<br />- -of the .#oilorring ,year• and shall remain it
<br />• effect unless and until, increase in accor
<br />. - - 'dance 4vith this Section: Council may de
<br />' crease, compensation .for itself end thf
<br />-' ~AaYor at its sole d!scretion. Each membe
<br />of Council shalLbe compensated equal;y
<br />`. _ both .newly eluted members .and thcsE
<br />serving.the balance bf,a.term; ~ `
<br />((b} The. Council shall, in, accordance vritl
<br />. Phis Ssctiori, fix the salari~s'.of cif electiv+
<br />' . ' and' appointive "officials.-The ,Council, o
<br />` ~ the Mayor. ;wuh the ~concurrence'~af the
<br />Finance Director,~may:authorize the pa}
<br />• meat-_or_.reimbursement~yf~expenses it
<br />i the charge against•him et feast fifteen ~15)
<br />days in advance, of a public'hearing upon
<br />~ such charge; and he,or his counsel have
<br />been given an opportunity at such.hearing
<br />_' to b:' heard, present evioence and exami•
<br />- Hate ariy,witness appearing in support 01
<br />she eharge. '
<br />~rra~re~rre-o+recroror-r~nartce-ono-any -
<br />ich assistance shall be appointed or
<br />moved by the Mayor, subject to the
<br />mfirmation by a majority of the members
<br />acted to Council. Eve second year,
<br />>mmencing in th®. year~988, the tvlayor
<br />call either reappoint the Director of "Fi-
<br />ance or make a new appointment, each of
<br />hich shall be subject to confirmation by a
<br />ajority vote of the members. bi Council.
<br />fie Director ;of Finance shall serve the
<br />ayor and the Council as financial advisor
<br />connection with municipal affairs. The
<br />tractor of Finance shall keep the financial
<br />:cords of the municipality, exhibiting ac-
<br />~rate statements of all monies received
<br />nil expended, of all property, owned by
<br />fie municippality, and of a!I, taxes and
<br />ssessments. fie shall be Custodian of all
<br />ubiic' money of the municipality,. shall
<br />eep and preserve such money m ,the
<br />lace or°ppaces authorized by.ordinance,
<br />nil shall disburse' the same as may be
<br />' aired by law cr ordinance. The Director
<br />f Finance shall not,allow.the'amount set
<br />side for any appropriation ao be over-
<br />rawn or drawn for any other purpose. The ,
<br />lirector of Finance may examine and audit ',
<br />fie accouhts of all officers, empicyees,.
<br />nil departments of the municipality. He
<br />gay require evidence that theamount of
<br />ny claim presented to him is due. Every
<br />wo (2) years the Director 6f Finance will
<br />:ease to be compiled, for Council; a physi-
<br />:al inventory of municipal owned properly.
<br />-he director of Finance shall perform such
<br />ither duties consistent with the office as
<br />he fJlayor of the Council may direct. tJo
<br />person shall act as Director of Finance
<br />rnless duly registeed with the State of
<br />Ohio as a public accountant or certified
<br />>ubiic :.ccountant" --_- __ ~ _ - r
<br />14. Article V Section 9.1 ~ -•
<br />'!n the event {he Council determines that it
<br />s in the best interests of the Alunicipafiiy
<br />o join- or .participate. in :a• regionalized
<br />'ublic Serv+ce, Pc!ice ar Frce.district.then
<br />;he Council shall hwe the authority to,do,
<br />so and in so doing ~ay abelish'or consoli-..
<br />date those positions or departmental;fun'd~-
<br />tions it deems necessary ito, effect such
<br />transition.".. " :'- ~ ~ : ` '
<br />15: Article V, SecHori~12.1 '." -
<br />"In all zoning or'land use classification
<br />districts other than single family residen•
<br />fiat, the Council shall have the sole and
<br />exclusive authority to'permit excepts to
<br />and variances from,the lanning'8 Zoning
<br />Code and Building Code. Regulations in
<br />individual cases, as may be required to
<br />afford justice and avo+d unreasonable
<br />hardship to property owners or users, with
<br />such exceptions or variances to be pt:rmit-
<br />ted with the concurrence of a majority, of
<br />the members elected to Council and which
<br />shall include, but not be limited to, restric-
<br />tions on the height of buildings and other
<br />structures,:size of parcels; the size, bglk, '
<br />andilocation of buildings and other struc-
<br />tures, percentage of lot occupancy, set-
<br />back building lines, and the area of yards,
<br />courts and other open spaces."
<br />16: Article XI `
<br />At the General Election in November of .
<br />1980, and at the General Election in No-
<br />vember of each fifth year thereafter, a
<br />Charter Review Commission consisting of
<br />at least se°~en 7) members and not more.
<br />than eleven (11 ~ members shall beelected.
<br />Each member of each such Commission
<br />shall have physically resided,in and been a
<br />qualified elector of the Municipality for'at
<br />least three (3 continuous years immedi-
<br />ately prior to his election; and shall con-
<br />tinue to physically reside. in the
<br />. municipality throughout his term of office.
<br />NO elected official or employee of the
<br />Municipality shall be elioible to serve on a
<br />the Charter Reviev
<br />nominated and aloe
<br />the provisions of A~
<br />In the event that
<br />persons are electe
<br />Commission then t
<br />will meet and apps
<br />to bring the' comp
<br />sion to seven (7).
<br />Within (7) days
<br />Charter Review Ci
<br />Council shall notify
<br />to the Commissior
<br />shall schedule its fi
<br />(30) days after the
<br />+nit+al meeting the
<br />ono of its memb
<br />cancy on the Com
<br />. appointment by
<br />remaining mein e
<br />member• so app
<br />though ongfinally.
<br />The members of
<br />serve without co
<br />wise provided by.
<br />to
<br />its election. Members of
<br />less than seven (7j
<br />i to a Charter Review
<br />ose members elected
<br />nt sufficient member:
<br />:ment of the.Commis
<br />of the election of
<br />nmission the Clerk o
<br />each member electec
<br />that the Commissior
<br />ors as Chairman. H va-
<br />mission shall be filled by
<br />a majority vote of all
<br />rs of the Commission. A' ;
<br />ointed shall serve "as i
<br />elected to such position.
<br />the, Commission: shall . i
<br />mpensation unless other- ~
<br />Ordinance. Tha Council t
<br />s for the Commissiornto t
<br />of a recording secretary ;
<br />!' to be solec~od by rho
<br />proposed-amendments, E
<br />orations to this Charter, '•, 7
<br />jority` ofe of any Cha~t~r
<br />the Council:vahich snali suomit;tne same,
<br />without alteration, to the•electors'for. their
<br />approval or.rejeetion' on a separate ballot
<br />at the next General ~lection iii November
<br />following Ihe.•election. of.-the members of
<br />the Commission:'•If a majority of the aloe- i
<br />-tors voting on the same shall approve such
<br />amendment,. revision. o! alteration, the- '
<br />same shall becor~ie a part of this Charter.
<br />Wheri more~than.one amendment, revision `
<br />or alteration to this Charter shall besubmit- -
<br />ted to the electors at the -same time, they
<br />shall be so submitted as to enable the
<br />electors:; o vote on -each amendment, •'
<br />revision -bralteration separately.'.' ~,
<br />,..1T'. Article IX, 5rction 9.1 -
<br />'. "Whenever the Charter. of the Municipality ;
<br />
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