Ordinance 2023-63

An Ordinance Providing for the Submission to the Electors of the Village of Chagrin Falls a Proposed Amendment to the Village Charter to Authorize Council to Determine When Public Contracts Must Be Publicly Bid

Whereas, the Ohio General Assembly, in adopting Amended Substitute House Bill No. 33 in 2023 revised the requirement for public bidding and did not include certain villages in the provisions that increased the threshold before public bidding is required from $50,000.00 to $75,000.00; and

Whereas, the Village Council has determined that as a matter of local self government and efficient, expedient and practical benefits, due to the recent phenomenon of a lack of interest by companies bidding on public contracts, that the Village Council shall determine by ordinance the threshold before public bidding shall be required for public contracts in which the Village of Chagrin Falls is a party; and

Whereas, this Council finds that it is appropriate to amend the Charter of the Village of Chagrin Falls to authorize the Village Council to determine, by ordinance, the threshold before public bidding shall be required; and

Whereas, pursuant to Article XVIII, Section 9 of the Constitution of the State of Ohio and the Charter of the Village of Chagrin Falls, this Council has the right, by a two-thirds (⅔) majority affirmative vote, to submit to the voters of the Village of Chagrin Falls, proposed amendments to the Charter of the Village of Chagrin Falls; and

Whereas, this Council finds and determines that it is in the Village’s best interest to submit to the electors of the Village of Chagrin Falls a proposed amendment to the Charter as hereinabove summarized; and

Whereas, this Council chooses the date of March 19, 2024 for the election on the Charter Amendment proposal hereinafter set forth, which election is not less than sixty (60) days nor more than one hundred twenty (120) days from date of passage of this Ordinance.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio That at Least Two-Thirds (⅔) Members of Council Concurring:

Section 1. This Council hereby authorizes and directs the submission to the electors of the Village of Chagrin Falls, at an election to be held at the usual places of voting in said Village, on Tuesday, March 19, 2024, of the following proposal to amend the Charter of the Village as further provided below:

That existing Article IV, Section 8 of the Charter of the Village of Chagrin Falls be amended to add a new Subsection (h) which reads in its entirety as follows:

  1. (h) The estimated or known amount of any expenditure or any proposed project, purchase, lease or provision of services when public bidding shall be required, intending to supersede any conflicting state statutory provision setting the threshold amount.

The majority affirmative vote of those voting on the issue shall be necessary to adopt this amendment.

Section 2. That the form of the ballot to be cast at the election for the proposed Charter amendment contained in Section 1 shall read and provide as follows:

Proposed Charter Amendment

A majority affirmative vote is necessary for passage

Shall Article IV, Section 8 be amended to provide that Council shall establish when public bidding shall be required for proposed projects, purchases, leases, or provision of services?

Section 3. If such amendment is approved by a majority of the electors voting thereon at such election, such amendment so approved shall be effective from and after the date upon which the Cuyahoga County Board of Elections certifies the results of such election.

Section 4. That the Clerk of Council is hereby authorized and directed to cause copies of the proposed Charter Amendment to be published in such manner as may be authorized by law, and as required by Article XVIII, Section 9 of the Ohio Constitution by publication of the proposed Charter Amendment once a week for two (2) consecutive weeks on the same day of each week in a newspaper of general circulation in the Village.

Section 5. That the Clerk of Council be and is hereby authorized and directed to forward a certified copy of this Ordinance to the Board of Elections of Cuyahoga County.

Section 6. That the Board of Elections of Cuyahoga County is hereby requested to cause appropriate notice of such election to be duly given in accordance with law.

Section 7. It is hereby appropriated from the general fund of the Village, an amount sufficient to pay the cost of carrying out the directions of this Ordinance, including the cost of publishing notice of such election.

Section 8. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 9. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days in the Village Hall.

Section 10. That this Ordinance shall take effect and be in force after the earliest period allowed by law.