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� w CITY OF NORTH OLMSTED ORDINANCE NO. 2005-121 BY: Council Members Ryan, Barker & Miller AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF NORTH OLMSTED OF AMENDMENTS TO ARTICLE III, SECTION SAND ARTICLE V, SECTION], OF THE CHARTER OF THE CITY OF NORTH OLMSTED TO CLARIFY THE EXISTENCE AND EXTENT OF THE SEPARATE AUTHORITY OF THE MAYOR AND DIRECTORS TO APPOINT AND REMOVE CITY OFFICIALS AND EMPLOYEES, AND DECLARING AN EMERGENCY. WHEREAS, as a result of unclear language in the City Charter and a decision of the Ohio Supreme Court in the case of State, ex rel. Fattlar v. Bow (1998), 83 Ohio St. 3d 123, confusion has arisen as to the existence and extent of the separate authority of the Mayor and the Directors to make appointments and removals of City officials and employees, including appointments within the various Departments of the City; and WHEREAS, in order to eliminate this confusion, it is the desire of this Council to submit to the voters of North Olmsted a proposal to amend Article III, Section 5, and Article V, Section 1, of the Charter to clearly designate the officials and employees that the Mayor and the Directors may separately appoint and remove; and WHEREAS, this proposal, as recommended by the Director of Law, was approved by the Charter Review Commission and submitted to this Council for its consideration, in accordance with the provisions of Article XIV, Section (b)(1) of the City Charter on the 21St day of June, 2005; and WHEREAS, this Council has adopted this Ordinance, as required by state law, no sooner than 120 days, and no later than 60 days, prior to the date of the election at which the issue will be voted upon by the electorate; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA, OHIO, TWO - THIRDS OFALL MEMBERS CONCURRING THAT: