APPLICATION FOR VACANCY IN THE OFFICE OF COUNCIL-AT-LARGE Per Article IV, Section 5, of the Charter of the City of Avon, Ohio: The Council of the City of Avon is hereby accepting applications from qualified residents who wish to serve in the office of Council-At-Large for a term ending on December 31, 2013. NAME: Last First Middle Initial ARE YOU REGISTERED TO VOTE? ADDRESS: NUMBER OF YEARS AT THIS ADDRESS: PHONE: NUMBER OF YEARS IN AVON: CELL: Please give a brief statement of your reasons for wanting to serve as a member of Avon City Council: See page 2 for Article IV, Section 2, Qualifications, for eligibility requirements. See page 3 for Article IV, Section 5, Vacancies, for requirements to fill a vacancy on Council. The deadline for submission of applications is Friday, April 13, 2012, at 4:00 p.m. Mail or deliver your application to: City of Avon Clerk of Council 36080 Chester Road Avon, Ohio 44011 Or email your application to: ellen@cityofavon.com If you have questions, call Clerk of Council, Ellen Young, at (440) 937-7821. 1
ARTICLE IV, CHARTER OF THE CITY OF AVON THE COUNCIL Section 1. Power, Election and Term. Except as reserved to the people in this Charter, the legislative power of the Municipality shall be vested in a Council of seven (7) members, four (4) of whom shall be elected by the respective wards, and three (3) of whom shall be elected at large. The Mayor shall be entitled to a seat in the Council and shall attend all meetings of Council. The Mayor shall have the right to introduce ordinances, resolutions and motions, and shall have the right to participate in the discussion of all matters coming before Council, but the Mayor shall have no vote in Council and shall not preside at Council meetings. Members of Council shall be elected at the regular Municipal election in the year 1961 for a term of two (2) years and every second year thereafter for a term of two (2) years. All members of Council shall assume office on the first day of January next following their election. In addition to any powers, duties or obligations as set forth in this Charter, Council shall have such further powers, duties or obligations as are set forth in the general laws and the Constitution of the State of Ohio to the extent not in conflict with this Charter, and in the event that there is such a conflict then those granted, allowed or imposed by this Charter shall prevail. Section 2. Qualifications. To be eligible to be a member of Council a person must be a qualified elector at the time of such person s election or appointment. Such person must be a resident of the City of Avon for at least one (1) year immediately prior to the time of her or his election or appointment. In addition to the foregoing requirements, no person shall be eligible to be elected a member of Council from a particular ward unless such person shall have been continuously a resident and qualified elector of such particular ward for one (1) year immediately prior to such person's election or appointment. In the event that boundaries of wards are changed, the one (1) year residency requirement within a ward shall be waived if the candidate for office continues to reside in the same residence. No person shall serve as a member of Council unless during such person's term of office the Council member shall continue to be a resident and qualified elector of the Municipality of Avon, Ohio, and if elected or appointed from a ward, shall be and continue to be a resident of such ward. A Council member shall not hold any other Municipal office or Municipal employment in this Municipality except as otherwise provided in this Charter. A Council member shall forfeit the office of a Council member or President of Council in the event such person is called to full-time military service for a period exceeding sixty-one (61) consecutive days. A Council member shall not, directly or indirectly, solicit, contract for, receive or be interested in any profit or emolument from or on account of any contract, job, work or service with, or for, the Municipality. Any member who shall cease to possess any of the qualifications herein required shall forthwith forfeit the office, and any such contract in which any member is or may become interested may be declared void by Council. (Amended 11-2-71; 11-7-95; 11-6-01) 2
Section 3. President of Council. (a) Separate Office. The Council President shall be a member of Council at large. Beginning in the year 2010 and for every term thereafter, the Council President shall be elected by a majority of the members of the legislative authority at the organizational meeting held the first business day following January 1, in the year following the election of Council members at large. (b) Duties. The President of Council shall preside at all regular and special meetings of Council and shall have a vote therein except that the President of Council shall be last to be polled. The Council President shall perform such duties as presiding officer as may be imposed by the Council. (c) Vacancy in Office. In the case of a vacancy, the President of Council shall be elected by Council from among its members and the one so elected shall serve for the unexpired term of such President of Council. (Amended 11-2-71; 11-7-95; 11-3-98; 11-6-07) Section 4. Removal. The Council shall be the judge of the election and qualifications of its own members. Council may, by a vote of two-thirds (2/3) of the membership of the legislative authority, expel or remove any member for disqualification of office, or for violation of such member's oath of office, or for the conviction of a felony or other crime involving moral turpitude, or for persistent failure to abide by the rules of Council, or for absence without justifiable excuse from three (3) consecutive regular meetings. Prior to any such action by Council, the accused member shall be notified in writing of the charge against such member at least fifteen (15) days in advance of any hearing upon such charge, and such member, and such member's counsel, shall be given an opportunity to be heard, present evidence or examine, under oath, any witness in support of such charge. Section 5. Vacancies. Whenever any office of a Council member becomes vacant, the vacancy shall be filled by a qualified person for the unexpired term by majority vote of the remaining members of the legislative authority. Said vacancy shall be filled from ward or at large according to vacancy. If the vacancy is not so filled within thirty (30) days, the Mayor shall fill it by appointment. Section 6. Appointments. Should the Council fail to concur within sixty (60) days, with any appointment made by the Mayor and requiring legislative concurrence in this Charter, then the majority of the membership of the legislative authority (Council) shall make such appointment. The sixty (60) day period within which the Mayor must announce an appointment and receive concurrence from Council begins to run at the time a vacancy occurs for any appointed position including original appointments. The Mayor will have but one sixty (60) day period to make such appointment. This section shall not be interpreted to allow the Mayor more than a total of sixty (60) days to make an appointment to the vacant office and to obtain concurrence of the legislative authority. (Amended 11-7-89; 11-7-95) 3
Section 7. Salaries and Bonds. The Council shall have the power to fix its own compensation and that of each employee of the Municipality, including officers and members of any board or commission of the Municipality, whether elected, appointed or chosen, and to establish bond for the faithful discharge of the duties of the office. The premium of any bond required by the Council shall be paid by the Municipality. The compensation of all elected officials shall be fixed at least thirty (30) days prior to the filing date of nominating petitions for the terms beginning on the next succeeding first day of January, and shall not thereafter be changed in any respect during any such term or any part thereof. The Council may authorize any officer of the Municipality to make such travel as the Council deems to be in the public interest, and may provide that the expense of such travel be paid by the Municipality. Section 8. Meetings and Organization. (a) Regular Meetings. Council shall meet at the Council Chambers of the Municipality for the purpose of organization on the first business day following January 1 in even-numbered years. Thereafter, Council shall meet at such times as may be prescribed by its rules, regulations, ordinances and by-laws, but it shall hold regular meetings at least twice during each calendar month of the year, with the exception of the months of July and August, during each of which months Council may, at its discretion, dispense with one of its regular meetings. All meetings of Council, whether regular or special, shall be open to the public. (b) Special Meetings. Special meetings of the Council may be called in accordance with, and as provided for, by the rules, regulations or by-laws adopted by the Council. In the absence of such provisions, special meetings may be called by a vote of the Council taken at any regular or special meeting thereof, or shall be called by the Clerk of Council upon the written request of the Mayor or President of Council, or three (3) members of Council. Any such request shall state the time, place and date thereof, and the subject or subjects to be considered at the meeting, and no other subject or subjects shall be considered. Notice in writing of such special meeting called at the request of the Mayor, President of Council, or three (3) members of Council, shall be given to each member of Council and the Mayor, by serving on each of them personally or by leaving a copy thereof at the member's or the Mayor's usual place of residence, not less than twenty-four (24) hours preceding the date and hour of such meeting. Service of such notice may be waived in writing. The members of Council shall be held to have waived such notice by their attendance at the special meeting. (Amended 11-2-76; 11-7-95) Section 9. Quorum. A majority of the membership of the legislative authority shall constitute a quorum for the transaction of business at any meeting of the Council, but a lesser number may adjourn the meeting from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by this Charter and/or Rules of Council; however, Rules of Council shall not supersede procedures set down by this Charter, or any amendments thereto. 4
Section 10. Rules and Journal of Council. Council shall adopt its own rules, regulations or by-laws, insofar as they are not set forth in this Charter, and shall keep a journal of all of its proceedings. The journal shall be open for public inspection during the Clerk's office hours. The voting upon any ordinance, resolution or motion shall be by roll call, and the vote of each Council member shall be entered upon the journal. Section 11. Clerk of Council and Employees of Council. The Council shall appoint, and may remove, a Clerk of Council and such other assistants for the efficient conduct of business of Council as it shall determine from time to time. The Clerk of Council shall keep the journal of Council and its records, and perform such other duties as Council may from time to time require. In the event of the absence or disability of the Clerk of Council, an assistant to the Clerk shall perform the duties of the Clerk of Council, in all respects. Section 12. Form of Legislative Action. All legislative action shall be by ordinance or resolution in written or printed form, but the departmental procedural matters may be transacted by motion appearing on the journal. Unless otherwise provided herein, an affirmative vote of at least a majority of the members of the Legislative Authority shall be required for the passage of every ordinance, motion or resolution. Each ordinance and resolution shall be read by title only, provided the legislative authority may require any reading to be in full by a majority of its members. No ordinance or resolution shall contain more than one subject, which subject shall be clearly expressed on its title, and no ordinance or resolution shall be revised or amended unless the ordinance or resolution superseding it contains the entire ordinance or resolution so revised or amended, or the section or sections so revised or amended, and having been revised or amended, the original ordinance, resolution, or section or sections shall be expressly repealed. All ordinances, resolutions, statements, orders, proclamations and reports required by law or by this Charter or by ordinance to be published or posted, shall be published or posted at five (5) places, one (1) of which shall be the Municipal Building, and four (4) other places designated by Council, for a period of not less than fifteen (15) days prior to the taking of effect thereof. An emergency ordinance or resolution shall also be published or posted as aforesaid, but said requirement shall not postpone the immediate taking effect thereof, as provided in Section 14 of this Article. (Amended 11-4-86; 11-4-03) Section 13. Assessments, Advertising of Contracts and Sale of Municipal Property. The Council may make provision by ordinance for: (a) The procedure for making public improvements and levying assessments, including the procedure for combining two (2) or more public improvements, and the levying of assessments therefor in one proceeding if the Council finds that it will be economical and practical to undertake such improvements jointly; 5
(b) The advertising and awarding of contracts and alterations or modification of contracts; (c) The sale or disposal of Municipal property; such other general regulations as the Council may deem necessary, if not in conflict with the Constitution of the State of Ohio and/or provisions of this Charter. (Amended 11-3-81) Section 14. Effective Date of Ordinances and Resolutions. (a) Each ordinance or resolution providing for the appropriation of money or for an annual tax levy, or for improvements petitioned for by the owners of property to be benefited and specially assessed therefor, and any emergency ordinance or resolution necessary for the immediate preservation of the public peace, health and safety, shall take effect, unless a later date is specified therein, upon its approval by the Mayor, or upon the expiration of the time within which it may be vetoed by the Mayor, or upon its passage after veto by the Mayor, as the case may be. (b) No other ordinance or resolution shall become effective until thirty (30) days after its approval by the Mayor, or upon the expiration of the time within which it may be vetoed by the Mayor, or upon its passage after veto by the Mayor, as the case may be. (c) Each emergency measure shall contain a statement of the necessity for such emergency action, and shall require the affirmative vote of three-fourths (3/4) of the membership of the legislative authority for the suspension of rules. No Action of Council authorizing the surrender or joint exercise of any of its powers, or granting, extending or renewing any franchise, or contracting for the supply to the Municipality or its inhabitants of the product or service of any utility, whether Municipally owned or not, shall be designated an emergency measure or enacted under suspension of the rules. (Amended 11-4-03) Section 15. Enactment of Zoning Ordinances and Regulations. The Council may provide by ordinance for the procedure for the passage and amendment of any zoning ordinance, the maps and regulations thereof and the publication of notice and public hearing thereof, provided that the minimum notice of the time and place of such public hearing shall be published in a newspaper of general circulation in the Municipality. In the event it is proposed to amend, enlarge or change any area, zone or district classification defined in an enacted ordinance, then, in addition to the newspaper notice hereinbefore provided, notice of the time and place of such public hearing shall be given by first class mail, postage prepaid, ten (10) days before such hearing, to the record title holders of the property immediately adjacent, adjoining and abutting on such area, zone or district proposed to be changed. Record title holder shall mean the title holder of such property as disclosed by the records of the Auditor of Lorain County, Ohio, thirty (30) days immediately prior to the date of such public hearing. If the mailing address of such record title holder cannot be reasonably ascertained, then the aforesaid newspaper notice of such hearing shall be deemed adequate notice. Nothing herein provided shall be construed as limiting the power of the Council from enlarging on such notice. Any legislation which would amend, enlarge or change any area, zone or district classifications shall not be passed as an emergency legislation. (Amended 11-8-66) 6
Section 16. Tax Abatement. The Council may provide for the passage or amendment of any tax abatement by ordinance or resolution. Before any such ordinance or resolution shall be passed or amended, a public hearing shall be held on such ordinance or resolution. Notice of such public hearing shall be announced at a regularly scheduled Council meeting with the public hearing scheduled for the next regularly scheduled work session. Council may not act on said abatement until the next regularly scheduled Council meeting. In addition, notice of the public hearing shall be given to the Superintendent of the School District and the Board of Education at least seven (7) days prior to the public hearing. The Board of Education shall give its recommendation on the proposed ordinance or resolution on or before the public hearing. (Enacted 11-5-91) Section 17. Enactment of Municipal Income Tax Ordinances and Resolutions. The Council shall not adopt any ordinance or resolution changing the Municipal income tax rate for persons having income taxable within the City of Avon, or changing the percentage of credit allowable to residents of the City of Avon having income taxable in another municipality, unless such ordinance or resolution has first been submitted to the electors of the City of Avon and approved by a majority of the electors voting thereon at any general, regular, or special election. Council shall, by resolution adopted by a majority of the members of Council eligible to vote, submit any such ordinance or resolution to a vote of the electors of the City of Avon at a general, regular, or special election specified in the resolution to be held no sooner than sixty (60) days after the adoption of the resolution for such submission. (Enacted 11-2-93) 7