Charter Amendment Ordinance 149-98,
Avon, Ohio

ORDINANCE NO. 149-98

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER ENACTING A NEW CHARTER PROVISION AS ARTICLE V, SECTION 7 RELATING TO THE DIRECTOR OF PARKS AND THE CHARTER PROVISION ON ARTICLE V, SECTION 5 RELATING TO THE DIRECTOR OF PUBLIC SERVICE AND DECLARING AN EMERGENCY

WHEREAS, Council has appointed a Charter Review Commission in Resolution No. R-28-98 to recommend to Council such alterations, revisions, and amendments, if any, to the Municipal Charter as in its judgment are desirable; and

WHEREAS, the Charter Review Commission has submitted several proposed amendments, including the following proposed amendment, to the City Council; and

WHEREAS, it is the duty of Council to make provision for the submission of said proposed amendments to the electorate of the City of Avon at the general election to be held November 3, 1998.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON, LORAIN COUNTY, OHIO:

Section 1 - There shall be submitted to the electors of the City of Avon at the regular municipal election to be held November 3, 1998, at the regular places of voting between the hours of 6:30 A.M. and 7:30 P.M., the question of the amendment to the Charter of the City of Avon, as set forth below.

Section 2 - There shall be submitted to the electors of the City of Avon the question of enacting new Section 7 of Article V to the Charter of the City of Avon as set forth below.

ARTICLE V, Section 7 Director of Parks

TERMS OF EMPLOYMENT. The Director of Parks shall be appointed by the Mayor and shall serve at the will of the Mayor.

SALARY AND BENEFITS. Council shall provide, by ordinance, for the salary and benefits of the position of the Director of Parks; provided, however, that a duly appointed Director of Parks shall receive such salary and benefits as stated in the applicable salary and benefits ordinance in effect ninety (90) days prior to the appointment. Council shall have no authority to reduce the salary and benefits of the Director of Parks during the term of the appointment.

DUTIES. The Director of Parks shall have charge of all of the City's parks and park lands, of facilities, buildings and structures located thereon, of underground works and improvements therein, of improvements made to all of them, and of all engineering and inspections associated therewith. The Director of Parks shall be charged with the construction, improvement, repair, management and maintenance of all park lands, and facilities, buildings and structures located thereon, and all underground works and improvements therein.

The Director of Parks shall have charge of the making and preservation of all surveys, maps, plans, drawings and estimates for public works relating to the City's parks and park lands, and facilities, buildings and structures located thereon, and all underground works and improvements therein.

The Director of Parks shall have the right to make reasonable requests for aid and support from the City's Director of Public Service and the City's Service Department, and such aid and support shall not be unreasonably withheld.

The Director of Parks shall report to the Council and the Mayor as directed by the Mayor; shall attend and report to the Parks and Recreation Commission at each of its regular meetings, and shall report to the Chairperson of the Parks and Recreation Commission at least one time each week.

The Director of Parks shall perform such other duties, consistent with this office, as may be required by this Charter or as directed by the Mayor.

Section 3 - The enactment of new section Article V, Section 7, Director of Parks, shall include the following amendment to Article V, Section 5, which presently reads as follows:

ARTICLE V, Section 5. Director of Public Service

The Director of Public Service shall be appointed by the Mayor, with the concurrence of a majority of the membership of the legislative authority, not to exceed the Mayor's term of office. The Director of Public Service may be removed from office by the Mayor, but such removal shall not take place without the concurrence of two-thirds (2/3) of the membership of the legislative authority.

The Director of Public Service shall have charge of all public works and improvements and the construction thereof, and of all the engineering and inspection in connection therewith. The Director of Public Service shall be charged with the construction, improvement, repair and maintenance of streets, sidewalks, alleys, lanes, bridges, wharves, docks, and breakwalls; of water mains, pumps, systems, pipes, purification and filtration plants, and water distribution system; of sewers, sewerage system, drains, ditches, culverts, streams, water courses and harbors, and of all public buildings, parks, playgrounds, cemeteries, and other public places belonging to the Municipality or dedicated to public use. The Director of Public Service shall manage and control cemeteries, market houses, sewage treatment plants, waterworks, and all public utilities of the Municipality owned or operated in whole or in part by the Municipality, and shall enforce all the obligations of privately owned or operated public utilities enforceable by the Municipality.

The Director of Public Service shall have charge of the making and preservation of all surveys, maps, plans, drawings and estimates for public work; the cleaning, resurfacing, repairing, sprinkling and lighting of streets and public places; the collection and disposal of waste; and the preservation of all property belonging to the Municipality and pertaining to the functions thereof. The Director of Public Service shall perform such other duties, consistent with the office, as may be required by this Charter, by ordinance of the Council, or as directed by the Mayor.

Is hereby amended to read as follows: (New Language Underlined and Deleted Language in Brackets and Bold Print)

The Director of Public Service shall be appointed by the Mayor, with the concurrence of a majority of the membership of the legislative authority, not to exceed the Mayor's term of office. The Director of Public Service may be removed from office by the Mayor, but such removal shall not take place without the concurrence of two-thirds (2/3) of the membership of the legislative authority.

The Director of Public Service shall have charge of all public works and improvements and the construction thereof, and of all the engineering and inspection in connection therewith except as otherwise provided for in this Charter. The Director of Public Service shall be charged with the construction, improvement, repair and maintenance of streets, sidewalks, alleys, lanes, bridges, wharves, docks, and breakwalls; of water mains, pumps, systems, pipes, purification and filtration plants, and water distribution system; of sewers, sewerage system, drains, ditches, culverts, streams, water courses and harbors, and of all public buildings, [parks, playgrounds,] cemeteries, and other public places belonging to the Municipality or dedicated to public use except as otherwise provided for in this Charter. The Director of Public Service shall manage and control cemeteries, market houses, sewage treatment plants, waterworks, and all public utilities of the Municipality owned or operated in whole or in part by the Municipality, and shall enforce all the obligations of privately owned or operated public utilities enforceable by the Municipality.

The Director of Public Service shall have charge of the making and preservation of all surveys, maps, plans, drawings and estimates for public work; the cleaning, resurfacing, repairing, sprinkling and lighting of streets and public places except as otherwise provided for in this Charter; the collection and disposal of waste; and the preservation of all property belonging to the Municipality and pertaining to the functions thereof except as otherwise provided for in this Charter. The Director of Public Service shall perform such other duties, consistent with the office, as may be required by this Charter, by ordinance of the Council, or as directed by the Mayor.

Section 4 - The ballots for said election shall, at the top thereof, be entitled "Proposed Avon Charter Amendments" and the question to be submitted on said ballot shall be in the words following: "Shall the Charter of the City of Avon be amended to include a new section creating the position of Director of Parks who shall be responsible for the maintenance and operation of all of the City's parks and granting the Mayor the exclusive authority to appoint and remove the Director of Parks?" In the appropriate position shall appear the words "YES" and "NO."

Section 5 - Notice of the proposed Municipal Charter Amendment shall be given by newspaper advertising as provided by law.

Section 6 - The Clerk of Council is directed to certify a copy of this Ordinance to the Board of Elections of Lorain County. She is further directed to take all other action required by law relative to the submission of said Amendment at said election.

Section 7 - That it is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

Section 8 - That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare of the citizens of the City of Avon, the immediate emergency being the necessity of Council to submit the Charter Amendments proposed by the Charter Review Commission to the electors of the City on November 3, 1998; therefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor.

PASSED:           DATE SIGNED:

By: Ted Graczyk, Council President

DATE APPROVED BY THE MAYOR

James A. Smith, Mayor

APPROVED AS TO FORM:

Daniel P. Stringer, Law Director

Patricia A. Vierkorn, Clerk of Council

POSTED: In Five Places as Provided by Council

Prepared by: Daniel P. Stringer, Esq., Law Director

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