Charter Amendment Ordinance 152-98,
Avon, Ohio

ORDINANCE NO. 152-98

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO THE CHARTER PROVISION IN ARTICLE IX, SECTION 1 RELATING TO NOMINATIONS AND ELECTIONS 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 in Section 2, below.

Section 2 - Article IX, Section 1, which presently reads as follows:

Section 1. Procedures

Nominations for elective offices of the Municipality shall be made only by petition. Candidates at large shall file a petition signed by at least forty (40) registered electors of the Municipality who were registered at the last general election. Ward Council candidates shall file a petition signed by at least twenty-five (25) registered electors of the Municipality who were registered at the last general election in their respective wards. The nomination of each candidate shall be made by a petition, but such petition may be circulated in separate parts, which shall be filed, however, as one instrument. No primary election shall be held for the selection of any candidate for any elective office of this Municipality, and no nomination for any such office shall be of any effect unless made as required by this section. The ballot used in the election of officers of the Municipality shall be without party marks or designation. The names of all candidates for any Municipal office shall be placed upon the same ballot and shall be rotated in the manner provided by the laws of Ohio.

If a citizen who has filed a nomination petition properly for any of the elective offices shall become disqualified from holding office or die between (a) the last day for filing nomination petitions and (b) the day of the election, then the County Board of Elections shall make provision on the day of the election to fill the office for which such citizen was a candidate, so that the electors may vote for a write-in candidate for the office for which such citizen was a candidate.

Except as otherwise provided in this Charter, the general laws of Ohio shall govern the nomination and election of elective officers of the Municipality.

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

Section 1. Procedures

Nominations for elective offices of the Municipality shall be made only by petition. Candidates at large shall file a petition signed by at least forty (40) registered electors of the Municipality who were registered at the last general election. Ward Council candidates shall file a petition signed by at least twenty-five (25) registered electors of the Municipality who were registered at the last general election in their respective wards. The nomination of each candidate shall be made by a petition, but such petition may be circulated in separate parts, which shall be filed, however, as one instrument. No primary election shall be held for the selection of any candidate for any elective office of this Municipality, and no nomination for any such office shall be of any effect unless made as required by this section. The ballot used in the election of officers of the Municipality shall be without party marks or designation. The names of all candidates for any Municipal office shall be placed upon the same ballot and shall be rotated in the manner provided by the laws of Ohio.

[If a citizen who has filed a nomination petition properly for any of the elective offices shall become disqualified from holding office or die between (a) the last day for filing nomination petitions and (b) the day of the election, then the County Board of Elections shall make provision on the day of the election to fill the office for which such citizen was a candidate, so that the electors may vote for a write-in candidate for the office for which such citizen was a candidate.]

Subject to ARTICLE IV, Section 2 and Article III, Section 2, whichever is applicable, write-in candidates are allowed in all elections for all elected offices.

Except as otherwise provided in this Charter, the general laws of Ohio shall govern the nomination and election of elective officers of the Municipality.

Section 3 - 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 Article IX, Section 1 be amended to specifically allow for write-in candidates for all elected offices, in accordance with Ohio law?" In the appropriate position shall appear the words "YES" and "NO."

Section 4 - Notice of the proposed Municipal Charter Amendment shall be given by newspaper advertising as provided by law.

Section 5 - 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 6 - 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 7 - 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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