|
11. Arttcltj~V; Section'1;~~• ~. i - • r.. - fr':~i , made andautimitted to.the eieotorate by of
<br />The Municipality'shall have. an Architect ;~ ~ duly elected Charter Revievr,:commission I
<br />furor Review, Board; a,Recreation 9oard, a'; .the Mayor and Council shell ceuse'revi~ecj=
<br />Law Department, a Finance Department; a' •. sepias of the Chatter to be printed:; and;
<br />Civil Service Commission, a Depariment,of distributed to every. residence within that:
<br />Public Service, a PolicQ Deoartmr,ht. a Frro ~ Municipality; Additions( copies bf"fh®: re-.!
<br />LEGAL NOTICE - 311 Charter
<br />Amendments -News Herald -
<br />Oct. 7 & 14, 1986
<br />- - - - ,
<br />.,~ LEGAL Nflh'ICE ~ •
<br />a th r r.
<br />' Please tak„ notice.' chat e - Cha to
<br />Review-Commission of Mayfield Village,
<br />Ohio has proposed seventeen (17) amend-
<br />ments to rho. Village Charter, all of which
<br />swill appear on the ballot at the general
<br />election to be held on Tuesday, November
<br />4, 1986. The full text of each proposed
<br />amendment follows:
<br />' 1. Article lit Soctiori t~ _ •
<br />The legisla{five pourers of the Municipality,
<br />' except as otherwise provided by the Char-
<br />ter and b~ the Constitution of the State of
<br />• Ohio, shall be vested in a Council of seven
<br />(7)" members, -each of whom. shall be
<br />eleotgqd at-large for a term of four (4) years
<br />. ., ~ ~. ~ ', comrtiencing on the. first"day of January
<br />•t next after their. election, or until their sus-
<br />cossets are elected and .qualified:" • ..
<br />2. Article III Section 1
<br />• except as vuiervrise rovwea o .tile ~.nar-
<br />• tern and b the-Cons itution oft a State of
<br />Ohre shal~be vested in a Council of five (5
<br />members each of whom sFiall be elected a~
<br />large for a term of two (21 years commenc-
<br />ing on the first day.of JJanuary next after
<br />their election, or until their successors are
<br />elected ~ and ., ualified. The Municipality
<br />shall be divided into four ((4)~wards as set
<br />' forth in the Appendix to tfris Charter, and
<br />from each ward, with the remaining mem-
<br />ber or members of Council to be -elected
<br />at-large. ~ : - -
<br />3. Article Ill, Section 4
<br />"Each member of Council shall have physi-
<br />callyy resided and been a qualified elector
<br />of fhg. Municipality • for at least .three (3)
<br />continuous years•immedrately-prior to his
<br />election or appointment, 'and shall con-
<br />~ tinue to physically reside and be.a qualified
<br />elector throughout his term of office. A
<br />member of Council shall not hold any other
<br />elected public office or other employment
<br />ruouc, a memoer or me 5rare mmua or
<br />Reserve Corp of the United States, unless
<br />otherwise prohibited by this Charter. Q'ny
<br />' 'member of Council who shall cease to
<br />possess any of the qualifications enumer•
<br />ated herein shall forfeit his office, but
<br />failure to maintain such qualifications shall
<br />• not render void or ineffeotivo any action o1
<br />the Council in which such member has
<br />participated. In addition to the oreq~oing
<br />„r,~,,,.,,,.,. ~ ,,,,.,y ..~N~,.,,,.-.,.,
<br />Planning 8 Zoning Commission, a Board of
<br />,Appeals and a Commission on Agin :The
<br />,Council shall provide by ordinance >9o~~ihe,
<br />;organization and duties. thereof not ,pro-
<br />vi ed by this.Charter.'• The Cnunr•.if.mav .
<br />new admr~istratrve
<br />oards and commis='
<br />`eof and. with the
<br /> exception, of the offices, departments,"
<br /> 'boards and commissions established by
<br /> this Charter, may combine or abolish sucft
<br /> offices, departments, boards.and commis-
<br /> sions or divisions thereof es it'may deem to
<br /> be necessary .or desirable'. The Council
<br /> may authorize one parson to bat th© head.
<br />f t
<br />2
<br />d
<br />t
<br />t
<br />-b
<br />a
<br /> o
<br />wo (
<br />) or, more
<br />epar
<br />men
<br />s,
<br />o
<br />re(s or
<br />"
<br /> commissions
<br />or divisions thereof."• '
<br />• 12. Article V, Section" 4
<br /> "The Law Director shall be the chief legal
<br /> officer of the Municipality. The Law Direc-
<br />tor shall be provided with such assistants
<br /> as the Council may, from time-to-time;
<br />deem necessary and desirable. The Law
<br /> Director and such assistants shall be ap-
<br /> pointed or removed by the Mayor subject
<br />o the confirmation byy vote of the maJority
<br />of the members elected t
<br />C
<br />il
<br />E
<br /> o
<br />ounc
<br />.
<br />very
<br />second year, commencin in the ,year
<br />1988
<br />at the first meetingg of9Council imme-
<br /> ,
<br />diately after the precedng General Elec-
<br />ton
<br />the Mayor shall either rea
<br />oint the
<br /> ,
<br />pp
<br />L'aw Director or make a new appointment,
<br /> each of which shall be subJ'ect tp confirma-
<br />lion by a majority vote of the members of
<br /> Council. The Mayor may appoint special
<br /> counsel to augment the .services of the
<br /> Law Director, and his assistants, or substi-
<br />tute for them. Such appointment shall only
<br /> be made after the Law Director has certi-
<br /> fied to the Mayor and Council, in writing,
<br />that he is unable, or incapable, of
<br />repro.
<br /> .
<br />senting the Municipality in a specific mat-
<br /> ter. Such appointment of special counsel
<br /> shall be subject to confirmation by a
<br /> mafority vote of Council The Law Director
<br />ilt
<br />i
<br />`
<br />=
<br /> w
<br />rece
<br />ve no compensation
<br />for any set
<br />
<br />'' vies relating to a rtratlerfor which special
<br />curred
<br />by any othcial, employee or
<br />b counsel has been appointed. The Law
<br />Di
<br />h
<br />ll b
<br />l
<br />mem
<br />er o any board or commission of the rector s
<br />a
<br />e an attorney-at-
<br />aw in good
<br />Municipality for travel or otherwise in the standing admitted to the practice of law in
<br />interest of the Munici al~ty, exce t that
<br />:an
<br />such ex
<br />ense i
<br />ti
<br />d b
<br />the M the State of Ohio fcr a period of at least five
<br />(5)
<br />earg
<br />but need not be a resident
<br />f th
<br />y
<br />p
<br />ns
<br />re
<br />y
<br />ayor
<br />t b
<br />d b
<br />h
<br />C
<br />" .y
<br />,
<br />o
<br />e
<br />MMUni
<br />i
<br />lit
<br />N
<br />h
<br />ll
<br />L
<br />;mus
<br />e approve
<br />y t
<br />e.
<br />ouncil.
<br />Article 111
<br />Section 9
<br />'S pa
<br />c
<br />y.
<br />o person s
<br />a
<br />serve as
<br />aw
<br />Director of the Munici
<br />alit
<br />while servin
<br />in
<br />.
<br />,
<br />"Whenever the office of a member of p
<br />y
<br />g
<br />the same, or substantially similar, position
<br />Council shall become vacant, the vacancy with an adjacent, community sharing a
<br />shall be filled by the person who polled the common border with Mayy(field pillage. The
<br />nett highest number of votes at the last
<br />l Law Director §hall be the principal legal
<br />d
<br />i
<br />d
<br />f
<br />c
<br />regu
<br />ar municipal election for that seat on v
<br />a
<br />sor an
<br />attorney
<br />or the muni
<br />ipality
<br />'
<br />Council. If that person is unqualified to
<br />serve or r
<br />f
<br />ses t
<br />t th
<br />iti and its officers, departments
<br />boards and
<br />commissions in their official capacities
<br />e
<br />u
<br />o accep
<br />e pos
<br />on
<br />then the vacancy shall be filled by the ,
<br />and shall perform such other duties, con-
<br />i
<br />i
<br />h
<br />person who polled the next highest Hum-
<br />her of votes at the last regular municipal stent w
<br />s
<br />t
<br />this office, as may be assigned
<br />~ from time-to-time by the Mayor and oun-
<br />election for that seat on Council. This cll."
<br />procedure shall continue through the list of
<br />candidates who sought election for that , 13. Arlcls V, Section 5 '
<br />' The Director of Finance shall be life head
<br />seat on Council at the last regular munici-
<br />" of the Finance Department and fiscal offi-
<br />car of the M
<br />nici
<br />l
<br />t
<br />H
<br />h
<br />ll b
<br />pal election until a qualified
<br />person ac-
<br />septs the vacant position. If, however the
<br />d pa
<br />u
<br />i
<br />y,
<br />e s
<br />a
<br />e pro-
<br />•
<br />vided such assistants as the Council may
<br />from time-t
<br />-ti
<br />e ii
<br />d
<br />list of candidates is exhausted an
<br />no o
<br />m
<br />eem necessary an
<br />qualified person accepts the vacant Coun- desirable. The Director of Finance and any
<br />cil seat, or rf there were no other candi- such assistance shall be appointed or
<br />dates for that Council seat at the last removed by the Mayor, subject to the
<br />regular ;municipal .election, then the va- confirmation by a majority of the members
<br />el
<br />ted t
<br />il
<br />C
<br />E
<br />d
<br />cancy shall be filled by a majority vote of all ec
<br />ounc
<br />.
<br />o
<br />very secon
<br />year,
<br />,. of the remaining members of the Council.
<br />and if: the.vacancy-shalt not-be so filled commencing in the. year 1988, the Mayor
<br />shall either reappoint the, Director of -Fi•
<br />.within thirty (30) days, the Mayor shall fill it
<br />,by apppointmentt. Each member of Council . Hance or make a new apppointment each of
<br />, which shall be subject to confirmation by a
<br />it
<br />t
<br />f th
<br />m
<br />b
<br />bf C
<br />i
<br />to fill.a.vacancy as•provided herein shall j major
<br />y vo
<br />e o
<br />e
<br />em
<br />ers
<br />ounc
<br />l,
<br />hold office (or the balance of the, unexpired
<br />term or until the be inning of the term of a ;The Director ;of Finance shall serve, the
<br />!Mayor and the Council as financial advisor
<br />in
<br />connection with
<br />l
<br />i
<br />i
<br />ff
<br />i
<br />Th
<br />-successor elected for the unexpired term
<br />as hereinafter provided. A successor shall .
<br />mun
<br />a
<br />c
<br />pa
<br />a
<br />rs.
<br />e
<br />,
<br />~ Director of Finance shall keep the financia
<br />' be:eler,ted for .the' uriexpfired term at the
<br />I next regular municipal election if (a) such records of the municipality, exhibiting ac•
<br />curate statements of all monies receives
<br />~~ election shall :occur ryrore than .two (2) ,and expended, of all .properly, owned by
<br />th
<br />i
<br />i
<br />li
<br />t
<br />l~
<br />1-years prior to the expiration of•the unex-
<br />d
<br />' e mun
<br />c
<br />pa
<br />~
<br />yy, and of a
<br />• taxes anc
<br />assessments
<br />He shall be
<br />ust
<br />di
<br />f
<br />l
<br />! prie
<br />term and (b)
<br />the vacancy shall have
<br />occurred-more. than one hundred twenty
<br />' (120
<br />d
<br />" --
<br />i
<br />h
<br />l
<br />ti
<br />t .
<br />q
<br />an o
<br />o
<br />a
<br />~ublic~ money of the municipality,- shai
<br />eep and
<br />reserve
<br />such mone
<br />rn
<br />thE
<br />)
<br />ayys ppr
<br />es
<br />o suc
<br />e
<br />ec
<br />on:
<br />~;6. Article IV; Sfleiton 9 p
<br />•
<br />y
<br />,
<br />place or•places authorized by~ordirrance
<br />The Mayor shall, be elected for a term of and shall disburse. ilia same as may be
<br />'two (2) years commencing on the first day
<br />f required by law cr ordinance: The Directs
<br />of Finance shall not
<br />all
<br />th
<br />t
<br />'
<br />!
<br />o
<br />January, next following such election,
<br />and"shad serve until his successor is duly .
<br />ow.
<br />amoun
<br />se
<br />e
<br />aside for any appropriation" to be over
<br />elected and 'qualified." drawn or drawn for any other purpose. ThE
<br />7. Article IV, Section
<br />2 -. ~ - ' - Director of Finance may examine and audio
<br />.
<br />"The'Mayor shall have physically resided the accounts of all officers, emplcyees
<br />and been a qualified elector of the Munici- and departments bt the municipality. He
<br />.polity for at least three (3) continuous years may require evidence that th~"amount o'
<br />'
<br />immediately preceding his ;election and
<br />' any storm presented to tiirrr is
<br />due. Even
<br />t
<br />2
<br />h
<br />shall
<br />continuo to physically reside in and
<br />be a qualified elector
<br />pf the h1unicipality wo (
<br />) years t
<br />e Director df Finance wr
<br />cause to be compiled
<br />for Council; a physi
<br />.
<br />.
<br />throughout his .term of office. The Mayor
<br />shall not hold; any other elected public ,
<br />cal inventory of municipal owned properly
<br />The director of Finance shall perform sect
<br />office or other employment with Ma~eld
<br />Villa
<br />e
<br />but ma
<br />e a Nota
<br />P
<br />b i other duties consistent with the office as
<br />the Mayor of the Council may direct
<br />fdc
<br />,
<br />g
<br />y
<br />ry
<br />u
<br />c, a
<br />member of the"State Militia or Reserve .
<br />person shall act as Director of Financi
<br />Corp of the United States, unless other-
<br />" unless duly recg~isteed with the State o
<br />i
<br />wise,prohtbited by the Charter. Ohio es a pub
<br />c accountant or certifier
<br />®. Secticn.IV Section 5-{ia)'
<br />The Mayor s~rall be•the chief executive public accountant' __,:_- -:_-_ ,~
<br />-' ' .•• -•
<br />officer of the Municipality. Except as may
<br />otherwise be provided in
<br />this Charter
<br />he ~4. Article V Section 9.1 -
<br />In the event {he Council determines that i
<br />,
<br />,
<br />shall (1) supervise the administration of the
<br />Municipality's affairs; (2) except fior coin-
<br />itt
<br />f C
<br />il
<br />i
<br />h C
<br />i is in the best interests of the P.lunicipalit~
<br />to join or ,partici~ate• in •a regionalizes
<br />Po ice or: Fire district.thei
<br />Public Servce
<br />m
<br />ounc
<br />ees o
<br />, appo
<br />omm
<br />t-
<br />nt-suc
<br />tees and. their chairman 'as . he deems ~
<br />' ,
<br />the Council shall h^ve the authority to,d~
<br />so and in so doing•~nay-abolish'or consol
<br />necessary, subject to confirmation bjr
<br />a
<br />majority vote of the members of Council date those positions or departmental;fun'c
<br />, ,
<br />anc~ exorcise control over all committees. lions it deems necessary ito, effect, sus
<br />and departments of the Municipality ex•
<br />cept Council and Committees thereof; {3) transition.". -_•• • ~ - ` : ~° ~,;~
<br />15: Airfare V, Section' 12.1
<br />'
<br />be the chief -conservator of the ace
<br />within the Municipality and cause a I laws use classificatio
<br />In all- zoning er'land.
<br />districts other than single family resider
<br />l
<br />ll h
<br />th
<br />il
<br />h
<br />-
<br />and ordinances to be in force therein; (4
<br />see that all terms and conditions imposed e an
<br />ave
<br />e so
<br />the Counc
<br />s
<br />a
<br />tial,
<br />exclusive authority "to permit exceppts t
<br />& Zonin
<br />the Plannin
<br />and variances from
<br />in favor of the Municipality of its inhabit-
<br />ants in any franchise or contract to' which g
<br />.
<br />Code and Building Code. Regulations i
<br />the Municipality is' a• party are faithfully
<br />kept and performed; (5) recommend to individual cases, as may be regwred t
<br />afford justice and avoid unreasonabl
<br />Council such measures as he deems nec-
<br />essary i)r appropriate for the welfare of the hardship to property owners or users, wit
<br />such exceptions or variances to be perms
<br />led with tFre concurrence of a majority s
<br />Municipality and keep Council advised df
<br />the condition and future of the Municipal- the members elected to Council and whic
<br />sty; (6) act as the official and c (emonial
<br />head of the Municipal goverment; f7) shall include, but not be limited to, restri~
<br />lions on the height of buildings and othr
<br />'
<br />execute on behalf of t e Municipality
<br />j structures,~size of parcels, the size, bt{I
<br />s and other strw
<br />nd location of buildin
<br />along with the President of Council, al g
<br />a
<br />contracts, conveyances, evidences of in-
<br />debtedness and all other instruments to lures, percentage of lot occupancy, se
<br />back building lines, and the area of yard
<br />"
<br />which the Munici alit. is a part ; 8 have
<br />custody of the seal of the Municipality and courts and other open spaces.
<br />~6: Article XI
<br />affix it'to all of the aforesaid documents,'
<br />but the absence of the seal shall not affect At the General Election in November ~
<br />1980, and at the General Election- in N
<br />the validy of any such instrument; and (9
<br />perform
<br />such other duties as are conferred vember of each fifth year thereafter,
<br />Charter Review Commission consisting
<br />.
<br />or regwred by this Charter, by anyy ordi-
<br />Hance or resolution of the Council orby the at least seven (7) members and not mo
<br />than eleven (11) members shall beelecte
<br />general laws of the State of Ohio not
<br />rrconsistant therewith. The Mayor shall be Each member of each such Commissit
<br />shall have physically resided.in and been
<br />alit
<br />for'
<br />lified elector of the Munici
<br />recognized as the official and ceremonial
<br />head of the municipal government by the p
<br />y
<br />qua
<br />least three (3 continuous years immei
<br />rior to ~is election
<br />. and shall co
<br />atel
<br />Governor of Ohio for military purposes, and
<br />by
<br />the Courts for the purpose of serving y p
<br />,
<br />tinue to ~ physically reside. in tf
<br />.
<br />civil processes. municipality throughout his term of offic
<br />9. Article I`J. Section 7 ho elected official or. employee of tf
<br />y u,v,~.vwwu vl ur II IIlIQl1YG nuuun ulcm
<br />the Mayor and Council. shall eve printed!
<br />andkept on file at the Village Hall copies of;
<br />srich amendments to, be made available to.
<br />;any resident upon. request:',: • ` • :-;- ~
<br />• By Order of the Council`
<br />' of Mayyf(ield,Village;:Ohfo.
<br />•,: • Donna;Heath,`Clerk of Council'"
<br />`: = Please take notice that the Cou~nc'rt=of:
<br />day~"November h,' 1986. The full aext of
<br />each reposed amendment is as follows:
<br />1. Article =111, Section 1. The legislative
<br />powers of the municipalityy except as
<br />otherwise provided by this Gliarter and by
<br />the Constitution of the State of Ohio, shall
<br />be vested in a•Council of seven (7) mem-
<br />bers, three (3)) of whom shall be elected by
<br />the people at tar a and four (4) of whom
<br />shall be elected.f9om Wards one (1) from
<br />each of the four (4) Wards. the members
<br />of Council representing the four (4) Wards '
<br />.shall 'be elected at.the regular municipal
<br />election in 1987 and every fourth year
<br />thereafter for a term of four !4) years
<br />commencing on the first day o January
<br />.next after such election or until their suc-
<br />cessors are' elected and qualified. The
<br />three (3) at large members of Council shall
<br />be electted at the regular municipal elec-
<br />tion in 1987 fora term of two (2~ years
<br />commencing on the first day of January
<br />next after such election, or until their
<br />.successors are elected and qualified, with
<br />such members of Council aggain being
<br />elected at the re tiler municiparelection in
<br />1989 and eve -fourth year thereafter for a
<br />term of four (4~ years commencing on the
<br />first day of• anuary next after such elec-
<br />tion, or until (heir successors are elected
<br />and qualified.
<br />2. Article XI. At the General Election in
<br />November of 1995, and at the General'
<br />Election in November of each 10th year
<br />thereafter, a Charter Review Commission
<br />of eleven (11) members shall be elected.
<br />Each member df each such Commission
<br />shall have been a resident and qualified
<br />elector of the municipality tor•at least three
<br />((3) continuous years immediately prior to
<br />fris election, and shall continue to be a ,
<br />resident throughout his term of office. No
<br />elected officiator employee of the Munici-
<br />pality .shall , be eligible to serve on the
<br />Charter Revew Commission. Each Charter
<br />Review.Commission shall cease to func-
<br />tion on the day of the next November
<br />election following its election. Members of
<br />the Charter Review Commission shall be
<br />nominated and elected in accordance with
<br />the provisions of Article VI of this Charter.
<br />• By Order of the Council of
<br />Mayfield Villa e; Ohio I
<br />Donna Heath Clerk of9Council
<br />47476/October 7, 14, 1986
<br />1-
<br />
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