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, ,0'° 'Oow, 140.W 14w? CITY OF NORTH OLMSTED ' ORDINANCE NO. 2006 - 114 BY: Mayor O'Grady and Council Members Barker and Tallon AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF NORTH OLMSTED OF AN AMENDMENT TO ARTICLE VIII, SECTION 6 OF THE CHARTER OF THE CITY OF NORTH OLMSTED TO EXPRESSLY PROVIDE THAT REAL AND PRESENT EMERGENCIES ARE AN EXCEPTION TO COMPETITIVE BIDDING. WHEREAS, over the years, the City has implicitly recognized that it may expend funds for the purchase of goods and services, that otherwise would require competitive bidding, during real and present emergencies; and WHEREAS, the State of Ohio, at R.C. Section 735.051, provides that municipal corporations may lawfully purchase goods and products without competitive bidding during a real and present emergency; and WHEREAS, it is the desire of this Council to submit to the voters of North Olmsted a proposal to amend Article VIII, Section 6 of the Charter of the City of North Olmsted so as to expressly recognize that the City may continue to expend funds and make such purchases during real and present emergencies in order to immediately provide for the health, safety and welfare of the residents of North Olmsted; and WHEREAS, this proposal was submitted by this Council to the Charter Review Commission for review and recommendation in accordance with Article XIV, Section (b)(2) of jt e City Charter, and, within 60 days of the date of referral, the Commission on the G day of , 2006, fled a written report with the Clerk of Council in which the Commission ated that, by a4 to 0 vote, a motion to recommend approval of the proposal (passed)(Saged); 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: SECTION 1. Pursuant to Article XVIII, Sections 9 of the Ohio Constitution, and Article XII of the Charter of the City of North Olmsted, this Council authorizes and directs that the following proposal to amend the Charter of the City of North Olmsted be submitted to the electors of the City of North Olmsted at the general election to be held at the usual places of voting in the City on Tuesday, November 7, 2006: That Article VIII, Section 6 of the Charter of the City of North Olmsted be amended as follows so as to provide for the City to be permitted, in accordance with State law, to make purchases without local competitive bidding during real and present emergencies: