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S <br />CITY OF NORTH OLMSTED <br />ORDINANCE N0.2010 - 82 <br />BY: Mayor Kennedy <br />AN ORDINANCE PROVIDING FOR THE SUBMISSION OFAN <br />AMENDMENT TO THE ELECTORS OF THE CITYOFNORTH <br />OLMSTED TO ARTICLE VIII, SECTION 6 OF THE CHARTER <br />OF THE CITY OF NORTH OLMSTED TO AUTHORIZE <br />DESIGN-BUILD CONTRACTSELECTIONPROCEDURESASA <br />FORM OF COMPETITIVE BIDDING WHENPERMITTED BY <br />STATE LAW OR WHEN SPECIFICATIONS ARE APPROVED <br />BY ORDINANCE ADOPTED BY TWO-THIRDS MAJORITY <br />VOTE OF COUNCIL, AND DECLARING AN EMERGENCY. <br />WHEREAS, the City Charter retains and exercises powers of local self-government as to <br />procedures for competitive bidding, requiring public advertising and receipt of bids in the manner <br />provided by Ordinance, and before the City enters into contracts with the "lowest and best bidder" <br />for the expenditure of funds in any amount in excess of the monetary limitation imposed by general <br />laws of the State of Ohio (Article VIII, Section 6 of the Charter of the City of North Olmsted); and <br />WHEREAS, Revised Code Section 717.02 enables municipal corporations to engage in <br />competitive design-build selection procedures for the purchase of energy conservation measures <br />which contain specifications considering both the quality of design work and competitive costs; and <br />WHEREAS, Revised Code Sections 4703.182 and 4733.161 enable construction contracts <br />for public improvements to engage qualified design professionals, certified pursuant to R.C. 153.70, <br />to provide architecture or engineering design services in conjunction with construction contracts, <br />including design-build contracts; and <br />WHEREAS, it is the desire of this Council to submit to the voters of North Olmsted a <br />proposal to amend Article VIII, Section 6 of the Charter of the City of North Olmsted so as to <br />authorize the City to utilize design-build selection procedures as may be provided by general state <br />law or when Council establishes design-build specifications by Ordinance, adopted by two-thirds <br />vote, and to expressly provide that such design-build contracts be and are thereby in accordance with <br />"lowest and best" competitive bidding requirements of said Charter provision; and <br />WHEREAS, this proposal was reviewed and recommended by the Charter Review <br />Commi~si~n in accordance with Article XIV, Section (b)(1) of the City Charter, and the Commission <br />on the ((,~~ ay of U Vl.(_ , 2010, filed a written report with the Clerk of Council in which the <br />Commission stated that, by a 7 to D vote, a motion to recommend approval of the proposal <br />(passed (failed); <br />