2005-114 Ordinance - Laserfiche WebLink

Home Browse Search

CITY OF NORTH OLMSTED ORDINANCE NO. 2005114 BY: Council Members Ryan, Barker, Miller AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF NORTH OLMSTED OF AN AMENDMENT TO ARTICLE II OF THE CHARTER OF THE CITY OF NORTH OLMSTED PROVIDING THAT DUTIES AND PROCEDURAL REQUIREMENTS GENERALLYIMPOSED BY STATE LAW UPON MUNICIPAL CORPORATIONS, TO THE EXTENT THAT HOME RULE A UTHORITY PERMITS, SHALL NOT BE BINDING UPON OR APPLICABLE TO THE CITY OF NORTH OLMSTED, UNLESS EXPRESSLY PROVIDED FOR IN THE CITY CHARTER OR BY CITY ORDINANCE, AND DECLARING AN EMERGENCY. WHEREAS, from time to time the State Legislature enacts new state laws that are not matters of general statewide concern but yet purport to establish procedures to be followed when municipal corporations and other political subdivisions in the State of Ohio act upon certain matters; and WHEREAS, Ohio courts, from time to time, in the absence of clear language in city charters and/or ordinances asserting the authority granted to municipal corporations by the Home Rule Amendments of 1912 to the Ohio Constitution, uphold such new state laws as binding upon and applicable in such municipal corporations; and WHEREAS, it is the desire of this Council to submit to the voters of North Olmsted a proposal to amend Article 11 of the Charter of the City of North Olmsted so as to provide that duties and procedural requirements generally imposed by State law upon municipal corporations, to the extent that Home Rule authority permits, shall not be binding upon or applicable to the City of North Olmsted, unless expressly provided for in the City Charter or by City ordinance; and WHEREAS, this proposal 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 OF ALL MEMBERS CONCURRING THAT: