[2025-77 Charter Amendment.pdf] CITY OF NORTH OLMSTED ORDINANCE NO. 2025 - 77 BY: Mayor Jones AN ORDINANCE PROVIDING FOR THE SUBMISSION OF AN AMENDMENT TO THE ELECTORS OF THE CITY OF NORTH OLMSTED TO ARTICLE VIII, SECTION 6 OF THE CITY CHARTER TO ALLOW FOR CITY PARTICIPATION IN JOINT PURCHASING PROGRAMS FOR THE PURPOSE OF ESTABLISHING THE LOWEST AND BEST BID PRICE, AND DECLARING AN EMERGENCY . WHEREAS, it is the desire of this Council to submit to the voters of the City of North Olmsted a proposal to amend Article VIII, Section 6 of the Charter of the City of North Olmsted to authorize the City to participate in joint purchasing programs, whereby the programs undertake a competitive, public and open process to establish a lowest and best price made available to program members; and WHEREAS, this proposal was reviewed and recommended by the Charter Review Commission in accordance with Article XIV, Section (b)(1) of the City Charter, and the Commission on the 30th day of May, 2025, filed a written report with the Clerk of Council in which the Commission stated that, by a 6 to 0 vote, a motion to recommend approval of the proposal was approved; 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, Section 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 an election to be held at the usual places of voting in the City on Tuesday, November 4, 2025: That Article VIII, Section 6 of the Charter of the City of North Olmsted be amended to authorize the City of North Olmsted to participate in joint purchasing programs, as follows: 2 ARTICLE VIII FINANCES SEC. 6. PUBLIC BIDDING. The Council may authorize expenditure of funds of the City in amounts exceeding those provided for from time to time by the general laws of the State of Ohio governing municipal corporations without public bidding for the acquisition of real estate, for the discharge of non-contractual claims against the City, for personal services, for the joint use of facilities or exercise of powers with other political subdivisions, for the product or services of public utilities (including those Municipally operated), and during real and present emergencies in order to immediately provide for the health, safety and welfare of the residents of North Olmsted, but no other expenditure of more than that provided for from time to time by the general laws of the State of Ohio governing municipal corporations shall be made except pursuant to contract made with the lowest and best bidder after public advertising and receipt of bids in the manner provided by ordinance. Purchases by the City through a State Purchase Program established pursuant to Section 125.40 or other provision of the Ohio Revised Code, where the State has conducted competitive bidding and awarded State contracts to successful bidders, shall be deemed to satisfy the requirements of this section for expenditures to be made pursuant to contract and with the lowest and best bidder. Purchases by the City through a joint purchasing program operated by or through a national or state association of political subdivision members shall satisfy the requirements of this section for expenditures to be made pursuant to contract and with the lowest and best bidder, if the joint purchasing program to which the City is a member has undertaken a competitive, public and open process to establish a competitive price made available to program members. The City may enter into contracts for expenditure of funds pursuant to a design-build selection process as may be established by the general laws of the State of Ohio or as such process may be authorized by ordinance approved by two-thirds vote of City Council. For purposes of this section, design-build contracts as a form of competitive bidding, which shall consider both qualifications and costs, shall be deemed to satisfy the requirements of this section for expenditures to be made pursuant to contract and with the lowest and best bidder. SECTION 2. If the foregoing proposal receives the affirmative vote of a majority of the electors voting thereon, then the said amendment to Article VIII, Section 6 of the Charter shall be effective upon certification of such affirmative vote following the election on November 4, 2025. SECTION 3. It is the desire of the Council that the ballot for said question shall be in substantially the following form: PROPOSED CHARTER AMENDMENT A majority affirmative vote is necessary for passage. 3 Shall Article VIII, Section 6 of the Charter of the City of North Olmsted be amended to authorize the City to participate in joint purchasing programs to obtain the lowest and best price for the purchase of goods if the joint purchasing program uses a competitive, public and open process to establish a competitive price? Yes No SECTION 4. The Clerk of Council is authorized and directed to deliver a certified copy of this Ordinance to the Board of Elections of Cuyahoga County no sooner than July 7, 2025 and no later than September 5, 2025. SECTION 5. This Council requests that the Board of Elections of Cuyahoga County cause to be duly given an appropriate notice of the election to be held on November 4, 2025, on the foregoing amendment to the Charter of this City and otherwise provide for such election in the manner provided by the general laws of the State of Ohio. SECTION 6. The Clerk of Council is authorized and directed to cause the full text of such proposed Charter amendments to be published once a week for two consecutive weeks in a newspaper of general circulation in the City of North Olmsted, with the first publication to be made at least fifteen days prior to the election to be held on November 4, 2025, as provided in Article XVIII, Section 9 of the Ohio Constitution and in Section 731.211 of the Ohio Revised Code. SECTION 7. There is hereby appropriated from the General Fund a sufficient sum of money to pay the costs of carrying out the authorizations and directions of this Ordinance. SECTION 8. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in those formal actions, were in meetings open to the public in compliance with the law. SECTION 9. That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare, and for the further reason that it is necessary that this Ordinance go into effect immediately so as to satisfy statutory deadlines for the submission of Charter amendments to the electorate, and further provided 4 it receives the affirmative vote of two-thirds of all members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED: ________________________ First Reading: _______________ Second Reading: _______________ Third Reading: _______________ Committee: __________________ ATTEST: _______________________________ __________________________ BEATRICE TAYLOR LOUIS J. BROSSARD Clerk of Council President of Council APPROVED: _____________________ APPROVED AS TO LEGAL FORM: _______________________________ /s/ Michael R. Gareau, Jr. ______ MAYOR NICOLE DAILEY JONES MICHAEL R. GAREAU, JR. Director of Law