Council submits charter changes to board of elections


By Melanie Speicher - [email protected]



SIDNEY — Registered voters who reside in the city of Sidney will have the opportunity to vote on changes to the city’s charter during the November general election.

During Monday night’s Sidney City Council meeting, an ordinance placing the proposed amendments on the ballot was approved. The amendments concern:

• Section 1-3 Home Rule Powers

• Section 2-6 Restriction

• Section 2-8 Vacancies

Section 1-3 Home Rule Powers presently reads: The City shall have all powers of local self-government and home rule, and all powers possible for a city to have under the Constitution of the State of Ohio. The City shall have all powers that now or hereafter may be granted to municipalities by the laws of the State of Ohio. All such powers shall be exercised in the manner prescribed in this Charter, or if not provided herein, in such manner as shall be provided by ordinance or resolution of the Council.

The amendment is: The City shall have all powers of local self-government and home rule, and all powers possible for a city to have under the Constitution of the State of Ohio. The City shall have all powers that now or hereafter may be granted to municipalities by the laws of the State of Ohio. All such powers shall be exercised in the manner prescribed in this Charter, or if not provided herein, in such manner as shall be provided by ordinance or resolution of the Council.

A. All personal property of the City, including personal property grown or produced in City operations, and all real property and interests therein, which is not needed for public use and/or which has been otherwise determined surplus by the City manager, may be sold by the City pursuant to the terms below.

B. Opportunity for competition.

If the City Manager determines the best interests of the City are served by competition as most likely to produce the best price, terms and conditions for the City, then the following options are available:

1. Open competitive bidding after at least one advertisements for bids which has been published in the newspaper with which the City had a contract for Public advertisement; or

2. Sealed bids as after advertisement as provided for in subsection (1); or

3. Oral or written bids from any source after failure of the property to sell by competitive bidding as provided in subsections (1) and (2).

C. Deeds and other documents of conveyance.

Unless otherwise restricted, all deeds conveying real property or interests herein, as well as leases, bills of sale, purchase agreements, and other instruments of conveyance, shall be signed on behalf of the City by the City Manager or his/her authorized designee.

D. Certain sales or property dispositions without competition authorized. In the event the City Manager determines that the cost of advertising certain property, either real or personal, is greater than the expected return, or in the case of personal property that the City Manager determines is essentially without value, then, upon his/her certification to Council of the same, waiving Subsection (B) above, said property can be disposed of upon such conditions as the City Manager deems best. The sale, exchange, or disposition of City owned real property or interest therein to the State or its subdivisions, or to the Federal government or its instrumentalities, or to the other public bodies or private corporations having the power of eminent domain, or to any corporation organized or qualified under R.C. Sections 1724 or 1728, or to any public or private body or corporation to which the general laws of the State authorize municipal corporations to sell property at private sale and without competition, or sales for urban renewal or economic development purposes, may be sold, exchanged, or disposed of, without opportunity for competition or other requirements except as may be provided by the Council in authorizing the sale, exchange, or disposition.

Section 2-6 Restriction presently reads: Councilmen shall hold no other public office, except that of Mayor, Notary, member of the armed forces or director without pay of a public institution.

The amendment is: Council members shall hold no other public office, within Shelby County,

or of any other office which the Ohio Attorney General and/or the Ohio Ethics Commission determines to be a conflict of interest, except that of Mayor, Notary, member of the armed forces or director without pay of a public institution.

Section 2-8 Vacancies presently reads: If any member of the Council shall die, resign or be disqualified, the remaining members of the Council shall, by the concurrence of at least four votes, choose his successor who shall serve during the remainder of the unexpired term. Should such vacancy occur between election and taking office, the vacancy shall be filled by the newly elected Council.

The proposed replacement is: Should any Council seat be unfilled for any reason, Council may, by a majority vote of the members present at a regularly scheduled meeting, fill said vacancy within 45 days of said vacancy being created. After 45 days have elapsed, if the vacancy is unfilled, the Mayor may appoint a qualified Elector of the City to fill said vacancy. Any appointments made under this Section shall be for the remainder of the vacant term.

The ordinance was approved by an emergency vote. The deadline for submitting issues for the November election to the Shelby County Board of Elections is Aug. 10. The legislation will be sent to Ohio’s Secretary of State for correct wording. If the Secretary of State requires any changes, it will come back to city council for those adjustments.

By Melanie Speicher

[email protected]

Reach the writer at 937-538-4822.

Reach the writer at 937-538-4822.