ADVANCE \d72
CHARTER
The following Charter was adopted at an
election held June 2, 1981 pursuant to Article XVIII, Section 8 of the
Ohio Constitution. The first amendments to the Charter were approved at
an election held November 4, 1986. The second amendments to the Charter
were approved at an election held November 6, 1990. The third amendment
to the Charter was approved at an election held November 3, 1992. The
fourth amendment to the Charter was approved at an election held
November 4, 1997.
The fifth amendment to the Charter was
approved at an election held November 2, 2004.
PREAMBLE
We, the people of the City of
Beavercreek, Greene County,
Ohio, in order to exercise all powers, and to secure the benefits, of
local self-government under the Constitution of the State of Ohio, do
adopt this Charter for the government of the City of Beavercreek.
ARTICLE I NAME
AND BOUNDARY
SECTION 1.01. NAME.
The municipal corporation existing as
the Village of Beavercreek under the general statutes of the State of
Ohio shall continue to be a body politic and corporate under the name of
the City of Beavercreek under this Charter.
SECTION 1.02. BOUNDARY.
The City shall have the same boundaries
that exist on the effective date of this Charter, with power and
authority to change its boundaries and annex territory in the manner
authorized by the laws of the State of Ohio. Territory annexed to this
City shall immediately be subject to the provisions of this Charter.
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ARTICLE II POWERS
SECTION 2.01. POWERS OF THE
CITY.
The City shall have all the powers,
both expressed and implied, of local self-government, and the benefits
of city home rule that now or hereafter may be granted to cities by the
Constitution and laws of the State of Ohio.
SECTION
2.02. MANNER OF EXERCISE OF POWERS.
All such powers shall be exercised in
the manner prescribed in this Charter, or if not prescribed herein, in
such manner as shall be provided by ordinance or resolution of the
Council.
SECTION 2.03.
CONSTRUCTION OF POWERS.
The powers of the City under this
Charter shall be construed liberally in favor of the City, and the
specific mention of particular powers in this Charter shall not be
construed as limiting in any way the general power stated in this
article.
SECTION
2.04. INTERGOVERNMENTAL RELATIONS.
The City may exercise any of its powers
or perform any of its functions and may participate in the financing
thereof, jointly or in cooperation, by contract or otherwise, with any
one or more political subdivisions, states, or civil divisions or
agencies thereof, or the United States or any agency thereof.
ARTICLE III FORM OF
GOVERNMENT
SECTION 3.01. FORM
OF GOVERNMENT.
The city government provided by this
Charter shall be known as the Council-Manager form.
Charter
7
ARTICLE IV THE
COUNCIL
SECTION 4.01. POWERS;
NUMBER.
Except as provided in this Charter with
regard to initiative and referendum, all legislative powers of the City
of Beavercreek shall be vested in a Council consisting of seven (7)
members. All members shall be nominated and elected at large by the
qualified electors of the City.
(Amended 11‑6‑90)
SECTION 4.02.
SELECTION; TERM.
All members shall be elected to four
(4) year terms on a rotation of four (4) members selected in one
election and three (3) members selected in the next. This rotation will
begin with four (4) persons being selected in the 1991 November general
election and three (3) selected in the 1993 November general election
and will continue at the November general election subsequent off
numbered years.
(Amended 11‑6‑90)
(A) Term Limitation.
(1) In no case shall any person be
elected to either the office of council member, mayor, or a combination
of the two offices, for more than two (2) consecutive terms of four (4)
years each; provided that the term served in filling a vacancy or
unexpired term shall not be considered as part of the two (2)
consecutive terms of four (4) years each.
(2) Following the election to two (2)
consecutive terms as either council member, mayor, or a combination of
the two offices, no person shall immediately thereafter be eligible for
election to either office, or a combination thereof, until a period of
one (1) term consisting of four (4) years has elapsed.
(3) No person who has been elected to
two (2) consecutive terms as Council member, Mayor, or a combination of
the two offices, shall be appointed to fill a vacancy or unexpired term
until a period of one (1) term consisting of four (4) years has elapsed
since that same person last held office as either Council member or
Mayor.
(4) Present members already elected to
more than two (2) consecutive terms as either council member, mayor, or
a combination of the two offices, shall finish the present term to which
they were elected.
This proposed Charter amendment shall
become effective from the time of its approval by the electors and shall
apply to all present council members and mayor.
(Amended 11‑3‑92; Amendment passed by
electorate 11‑4‑97)
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SECTION 4.03.
QUALIFICATIONS.
Each Council member shall be at the
time of election or appointment, and shall remain throughout the term of
office, a qualified elector of the City.
Council members shall begin their term
of office on the first day of January following their election. They
shall take the oath of office on or before January first.
(Amended 11‑6‑90)
SECTION 4.04.
OFFICERS OF THE COUNCIL.
The City Council candidate receiving
the highest number of votes from City electors at the most recent
November general election in an odd numbered year will be the Mayor and
will serve as such for the first two (2) years of his or her term. The
candidate receiving the second highest number of votes at that election
will be the Vice Mayor and will serve for the same two (2) years in that
capacity. Tie votes in any Council election shall be resolved by a coin
flip in the presence of the person then serving as Mayor or in the
presence of two other members of Council.
(Amended 11‑6‑90)
(A) Mayor. The Mayor shall
have the right to vote on all issues before the Council but shall have
no power of veto. In addition to the powers, rights, and duties as a
Council member, the Mayor shall preside at meetings of the Council,
shall be recognized as head of the city government for all ceremonial
purposes, by the Governor for purposes of military law, and by the
courts for civil process involving the City. The Mayor may by ordinance
have judicial powers and shall perform all other duties prescribed by
ordinance or by resolution of the Council not inconsistent with the
provisions of this Charter.
(B) Vice Mayor. The Vice Mayor
shall exercise all the power and perform all the duties of the Mayor in
case of temporary absence or disability. Should the office of Mayor
become vacant, the Vice Mayor shall succeed to that office. If the
office of Vice Mayor becomes vacant, the successor Vice Mayor shall be
the member who received the next higher number of votes at the most
recent rotation election of Council members. If it is not possible to
identify a successor in that manner, the Council shall choose a new Vice
Mayor at its next regular meeting.
(Amended 11‑6‑90; Amendment passed by
electorate 11‑4‑97)
SECTION 4.05.
PROHIBITIONS.
(A) Holding Other Offices.
Except where authorized by this Charter, Council members shall neither
hold any other city office except as a representative of the City as
authorized by the Council nor hold any employment by the City government
during the term for which said Council members were elected or
appointed.
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(B) Appointment and Removals.
Neither the Council nor any of its members shall in any manner dictate
the appointment of any city officers or employees, except by approving
or disapproving appointment of department directors under this Charter,
nor dictate the removal of any city officers or employees; but the
Council, as a body meeting with the Manager, may express its views, and
fully and freely discuss with the Manager anything pertaining to
appointment and removal of such officers and employees.
(C) Interference with
Administration. Except for the purpose of inquiries and
investigations permitted under this Charter, the Council or its members
shall deal with the city officers and employees who are subject to the
direction and supervision of the Manager solely through the Manager, and
neither the Council nor its members shall give any orders to any such
officer or employee, either publicly or privately.
SECTION 4.06.
JUDGE OF QUALIFICATIONS.
The Council shall be the judge of the
election and qualifications of its members and the existence of the
grounds for forfeiture of their office and for that purpose shall have
power to subpoena witnesses, administer oaths, and require the
production of evidence. A member charged with conduct constituting
grounds for forfeiture of office shall be entitled to a public hearing
on demand, and notice of such hearing shall be published one time in one
or more newspapers or other printed publication regularly distributed of
general circulation in the City at least seven (7) days in advance of
the hearing. If the Council determines that grounds for forfeiture of
office exist, the position shall be declared vacant by an affirmative
vote of the majority of the remaining members of the Council.
SECTION 4.07. VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES.
(A) Vacancies. The office of a
Council member or Council member-elect shall become vacant upon death,
resignation, forfeiture, or removal from office in any manner authorized
by this Charter.
(B) Forfeiture of Office. A
Council member shall forfeit office if he/she: (1) lacks at any time
during the term of office any qualifications for the office prescribed
by this Charter; (2) violates any express prohibition of this Charter to
such an extent as to warrant forfeiture of office; (3) is convicted of a
felony; (4) fails to attend three (3) consecutive regular meetings of
the Council without being excused by the Council.
(C) Filling of Vacancies.
Vacancies in the office of a Council member shall be filled within sixty
(60) days following the occurrence of the vacancy by a vote of the
majority of the remaining members of the Council. If the Council fails
to fill any vacancy within sixty (60) days following the occurrence of
the vacancy, the power of the Council to fill the vacancy shall lapse;
and the Clerk of Council, by authority of this Charter, shall request
the Board of Elections of Greene County to hold an election to fill the
vacancy. Such election shall be held at the next general election or
special election already scheduled, and such general or special
election shall occur at least seventy five (75) days after the date
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of the request to the Board of
Elections by the Clerk of Council. The individual elected in such
election shall take office immediately following election certification
by the Board of Elections and shall serve for the balance of the
unexpired term.
Any appointee under this section shall
qualify under the provisions of this Charter, and shall serve until a
successor for the term is certified at the next November general
election whether in an odd or even year, which occurs at least one
hundred (100) days after his or her appointment (so as to allow
nominating petitions to be filed by the seventy-five (75) day deadline
before such an election). That election shall be held to determine what
person is elected to serve for the balance of the unexpired term.
In the event of a vacancy occurring
between the time of election of a Council member-elect in a November
general election and the time of taking office for that Council
member-elect, the vacancy shall be filled in the manner provided for in
this charter by the newly elected Council and at or following the first
meeting of Council on or subsequent to the first day of January after
such November general election.
(Amended 11‑6‑90; Amendment passed by
electorate 11‑4‑97)
SECTION 4.08. PROCEDURES.
(A) Meetings. A quorum of the
Council shall be present to conduct official business. A majority of the
members of the Council shall constitute a quorum. The Council shall meet
regularly at least once every month at such times and places as the
Council may prescribe. Special meetings may be held on the call of the
Mayor or of four (4) or more members of the Council and, whenever
practicable, upon no less than twelve (12) hours notice to each member.
(B) Rules. The Council shall
determine and may amend its own rules and order of business in
conformity with the requirements of this Charter.
(C) Voting. Votes shall be
taken by voice or by show of hands. A roll-call vote shall be conducted
if requested by any member of Council. Votes shall be recorded in a
journal. Faced with the lack of a quorum, a smaller number of the
members of the Council may convene and may compel the attendance of
absent members in the manner, and subject to the penalties, prescribed
by the rules of the Council, and may adjourn to a subsequent date.
(Amended 11‑4‑86)
SECTION 4.09.
INVESTIGATIONS.
The Council may make investigations
through and with the Manager into the affairs of the City and the
conduct of any city department, division, board, or commission. For this
purpose the Council shall establish investigative procedures by
ordinance. The Council shall provide by ordinance the penalties for the
failure or refusal of any person to obey a lawful order issued in the
exercise of its investigative powers and establish procedures for
enforcement.
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SECTION 4.10.
COMPENSATION.
(A) Salary of the Council.
Members of the Council shall receive an annual salary in the amount of
$2,000.00 until such amount is changed by the Council in accordance with
the provisions of this Charter. (Amended 11‑6‑90)
(B) Increases and Expenses.
The Council may increase or decrease the salary of its members by
ordinance. The Mayor and Vice Mayor shall receive no additional
compensation for their duties. No member of the Council shall benefit
from any increase in salary during such member's current term of office.
Any ordinance changing the salary of members of the Council shall be
adopted no later than June first of any odd numbered year. Council
members may, by resolution, stating the exact purpose thereof, receive
their necessary and reasonable expenses incurred in the performance of
their official duties.
SECTION 4.11. CLERK OF
COUNCIL.
There shall be a Clerk of Council
selected by an affirmative vote of four members of the Council. The
Clerk shall be chosen from outside the membership of the Council. The
Clerk shall give notice of Council meetings, advertise public hearings,
record in journals all ordinances, and resolutions approved by the
Council, and see that such enactments are published as required by this
Charter. The Clerk shall also perform such other duties as may be
assigned by this Charter, or by ordinance or resolution of the Council.
The Clerk may be appointed to serve full or part time and shall receive
a salary as established by ordinance for rendered services. Any employee
of the City may be assigned the duties of the Clerk of Council. The
Clerk may be removed by an affirmative vote of four members of the
Council.
(Amendment passed by electorate
11‑4‑97)
SECTION 4.12.
INDEPENDENT AUDIT.
The Council shall provide for an
independent annual audit of all City accounts and may provide for more
frequent audits as they determine necessary. Such audits shall be made
by a certified public accountant or firm of accountants who have no
personal interest, direct or indirect, in the fiscal affairs of the City
of Beavercreek or any of its officials. If the State of Ohio makes an
audit, it may be accepted by the Council as satisfying the requirements
of this section.
(Amendment passed by electorate
11‑4‑97)
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ARTICLE V
LEGISLATION
SECTION
5.01. ORDINANCES AND RESOLUTIONS.
Council legislative action shall be by
ordinance or resolution. Ordinances shall be the enactments of the
Council establishing permanent rules of conduct or of government.
Resolutions shall be orders of the Council dealing with a specific
matter of a temporary nature which expresses the policy of the Council
or opinion regarding such matter and which do not establish permanent or
general legislation.
SECTION
5.02. ACTION REQUIRING AN ORDINANCE.
In addition to other acts required by
general law or by specific provision of this Charter to be performed by
ordinance, those acts of the Council which shall be by ordinance shall
include but not be limited to:
(1) Adopting or amending an
Administrative Code or establishing, altering, or abolishing any City
department, division, or office, other than those established by this
Charter.
(2) Providing for a fine or other
penalty or establishing a rule or regulation for violation of which a
fine or other penalty is imposed.
(3) Granting or renewing a franchise.
(4) Regulating the rate charged for
its services by a public utility.
(5) Authorizing the borrowing of
money.
(6) Conveying, leasing, or authorizing
the conveyance or lease of any lands of the City.
(7) Adopting without amendment, or
with amendment that does not affect the substance, ordinances proposed
under the initiative power.
(8) Adopting or amending a budget and
adopting or amending a capital program.
(9) Amending or repealing any
ordinance previously adopted.
(Amendment passed by electorate
11‑4‑97)
SECTION 5.03. INTRODUCTION
AND
ADOPTION OF ORDINANCES.
A proposed ordinance may be introduced
by any Council member at any regular or special meeting of the Council.
Every proposed ordinance shall be introduced in written or printed form
after review by the City Attorney. It shall be in the form required by
the Council for final adoption. No
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ordinance shall contain more than one
subject, which shall be clearly expressed in its title. The enacting
clause shall be,
AThe
City of Beavercreek hereby ordains...@
A written summary shall also accompany each proposed ordinance at the
time of introduction. The fact that the summary contains errors or is
incomplete shall not affect the validity of any ordinance.
(A) First Reading. Upon
introduction of any proposed ordinance, a copy shall be distributed to
each Council member and to the City Manager, and the summary of the
proposed ordinance shall be read.
After the first reading and upon
approval for additional readings by the Council, the Clerk shall: file
copies of the proposed ordinance in office of the Clerk of Council; post
the proposed ordinance in full in the city offices; and publish one time
the summary of the proposed ordinance or the ordinance in full in one or
more newspapers or other printed publication regularly distributed and
of general circulation in the City or public media forums as required by
law. The publication of the ordinance shall also include the date, time
and place for a public hearing, and for the third reading and final
consideration on the proposed ordinance. The public hearing on the
proposed ordinance shall follow the publication by at least seven (7)
days. The public hearing shall be held in connection with a regular or
special Council meeting, and may adjourn from time to time.
(B) Second Reading and Public
Hearing. At the date, time and place of the Council meeting so
advertised, the summary of the proposed ordinance shall be read for the
second time, unless a member of the Council present requests a reading
of the ordinance in full. All persons present shall be given an
opportunity to be heard on the proposed ordinance subject to the rules
of the Council. Following this hearing, the Council may cause the
proposed ordinance to be returned to the first reading, or proceed to
the third reading.
(C) Third Reading and Adoption.
At the next meeting of the Council following the public meeting, the
summary of the proposed ordinance shall be read for the third time.
After such reading, the Council may adopt such ordinance by an
affirmative vote of the majority of the members of Council, except that
if an amendment changes it as to any matter of substance. In such case,
the Council shall not adopt the ordinance until it shall have caused a
summary of the amended ordinance to be published at least once, together
with a notice of the date, time and place where such amended ordinance
will further be considered. A public hearing on the amended ordinance
shall be held. After such hearing, the Council may adopt such amended
ordinance or again amend it subject to the same conditions.
(D) Notice of Adoption. Within
ten days after adoption of any ordinance, the Clerk shall post the
summary of the ordinance in a designated place for public view in City
Hall, and shall publish one time the summary of the ordinance or the
ordinance in full in one or more newspapers or other printed publication
regularly distributed of general circulation in the City, or public
media forums as required by law together with a notice of its adoption.
(Amendment passed by electorate
11‑4‑97; Amendment passed by electorate 11‑2‑04)
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SECTION 5.04. EFFECTIVE
DATE.
Except as otherwise provided in this
Charter, each ordinance shall become effective thirty (30) days after
adoption or at any later date specified therein.
SECTION 5.05. SUBMISSION OF ORDINANCES TO ELECTORS.
The Council may at any time submit
proposed ordinances to the electors of the City. Such ordinances shall
become effective only upon approval by a majority of those voting on the
ordinance and shall not be subject to referendum.
SECTION 5.06.
EMERGENCY ORDINANCES.
To meet a public emergency affecting
life, health, safety, or the public welfare, or a special emergency in
the operation of a city department, the Council may adopt one or more
emergency ordinances. Such ordinances shall not:
(1) Grant or renew a franchise.
(2) Establish, abolish, or alter the
basic purpose or structure of any department.
(3) Adopt or amend a zoning
regulation.
(4) Adopt with or without amendment
ordinances proposed under the initiative power.
(5) Adopt an administrative code.
(6) Regulate the rate charged by any
public utility for its services.
(7) Grant any special privileges.
(Amended 11‑6‑90)
An emergency ordinance shall be
introduced in the form and manner prescribed for regular ordinances,
except that it shall be designated as an emergency ordinance and shall
contain, after the enacting clause, a declaration stating that an
emergency exists and describing the emergency in clear and specific
terms. A proposed emergency ordinance may be adopted with or without
amendment or rejected at the meeting at which it is introduced. The
affirmative vote of at least five (5) members of the Council shall be
required for adoption. The emergency ordinance shall be published and
posted as prescribed for other adopted ordinances and shall become
effective upon adoption or at such later time as specified therein.
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An emergency ordinance may be repealed
by adoption of a repealing ordinance in the same manner specified for
adoption of emergency ordinances. Emergency ordinances shall be subject
to initiative.
(Amended 11‑4‑86)
SECTION 5.07. ADOPTION OF CODES OF TECHNICAL REGULATIONS.
The Council may adopt model or standard
codes of technical regulations prepared and published by any public or
private agency by reference to the date and source of the code without
reproducing it at length in the ordinance. However, if the Council
desires to modify any such code, any section or part thereof, such
modification shall be clearly stated in the ordinance. In all such cases
in which such a code shall be adopted by reference, publication of the
code at length by the City shall not be required. However, a reasonable
number of copies of all such codes, including all amendments thereto,
shall be kept in the office of the Clerk of Council for consultation by
interested persons during regular office hours, and additional copies
shall be available for sale, at cost, from the office of the Clerk.
SECTION 5.08. RESOLUTIONS.
Action by the Council which is not
required by this Charter to be taken by ordinance may be taken by
resolution. Such a resolution shall be in written or printed form and
shall be introduced by a member of the Council. No waiting period,
notice, public hearing or publication shall be required and a resolution
shall become effective upon its adoption by an affirmative vote of four
(4) of its members. Any issue or ordinance may be submitted to the
electors of the City by resolution of the Council. All resolutions shall
be public records.
(Amendment passed by electorate
11‑4‑97)
SECTION 5.09. AUTHENTICATION
AND
RECORDING; REVIEW; CODIFICATION; REPRODUCTION.
(A) Authentication and Recording.
All ordinances and resolutions adopted by the Council shall be
authenticated by the signature of both the Clerk and the Mayor, and
shall then be recorded in full in properly indexed journals kept for
that purpose.
(B) Review. Within two years
after adoption of this Charter, and at least every ten (10) years
thereafter, the Council shall appoint an Ordinance Review Commission of
not less than seven (7) qualified electors of the City. It shall be the
duty of this Commission to review the existing ordinances of the City
and make recommendations to the Council for removal from the records of
the City any such ordinances which may have outlived their usefulness or
practicality. The Commission shall submit its report to the Council
within one year after its appointment. The Council shall then take such
action as it deems warranted with respect to the recommendations of the
Commission.
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(C) Codification. Within three
years after adoption of this Charter, and at least every ten (10) years
thereafter, the Council shall provide a general codification of all city
ordinances and resolutions. The general codification shall be adopted by
the Council and shall be published in bound or loose-leaf form, together
with this Charter and any amendments thereto, including any pertinent
provisions (as the Council may specify) of: the Ohio Constitution; other
laws of the State of Ohio; codes of technical regulations; and other
rules and regulations or pertinent supplementary matter of service or
interest. This compilation shall be known and cited officially as the
Beavercreek City Code. Copies of the Code shall be furnished to city
officials, placed in public city offices and the local public library
for free public reference, and made available for purchase at cost.
(D) Reproduction of Ordinances and
Resolutions. The Council shall cause each ordinance and resolution,
and each amendment to this Charter, to be reproduced as soon as
reasonably possible following its adoption. The reproduced ordinances,
resolutions, and Charter amendments, shall be distributed or sold to the
public at cost.
ARTICLE VI
CITY MANAGER
SECTION 6.01. APPOINTMENT; QUALIFICATIONS; COMPENSATION.
The Council, by an affirmative vote of
the majority of members of Council, shall appoint a City Manager and
shall authorize the Mayor to sign on behalf of the Council, a contract
with the City Manager setting forth the terms of employment,
compensation, and separation from employment with the City Manager as
deemed appropriate by the Council. No term established herein shall
establish an expectation of continued employment except as provided in
the contract. At the time of the appointment, the City Manager need not
be a resident of the City, but shall become a resident within six months
after appointment, unless otherwise authorized by the Council and shall
reside therein during his or her tenure.
(Amended 11‑4‑86; Amendment passed by
electorate 11‑2‑04)
SECTION 6.02. POWERS
AND DUTIES.
The Manager shall be the chief
administrative officer of the City and shall be responsible to the
Council for the administration of all city affairs placed in the
Manager's charge by or under this Charter. The Manager shall have the
following powers and duties:
(1) Enforce this Charter and all
ordinances and resolutions of the Council.
(2) Delegate to subordinate officers
and employees of the City any duties conferred upon the Manager by this
Charter and by ordinance, and hold them responsible for their faithful
discharge.
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(3) Submit to the Council and make
available to the public a report on the finances, administrative
activities, and an inventory of the properties of the City as of the end
of each fiscal year.
(4) Prepare and submit the annual
budget and capital program to the Council.
(5) Keep the Council fully advised as
to the financial condition and future needs of the City and make such
recommendations concerning the affairs of the City as deemed desirable,
or as the Council may require.
(6) Make other reports as the Council
may require concerning the operations of the city departments, offices,
and agencies subject to the Manager's direction and supervision.
(7) Arrange and prepare contracts,
franchises, and agreements in cooperation with the City Attorney. To the
extent such contracts, franchises, and agreements involve obligations
included in the budget for which sufficient funds have been
appropriated, the Manager shall have authority to sign those documents
on behalf of the City without necessity of further action by the
Council. Provided, however, that any action by the City to acquire,
construct, own, lease, or operate a public utility, or to contract with
any person therefor, must be authorized according to the provisions of
Article XVII of the Constitution of the State of Ohio.
(8) Direct and supervise the
administration of all departments, offices, and agencies, of the City
except as otherwise provided by this Charter.
(9) Appoint and, when necessary in
the discretion of the Manager, remove any appointed officers and
employees of the City except as otherwise provided in this Charter.
(10) Attend all Council meetings and
have the right to take part in discussion but may not vote.
(11) Be responsible for supervising the
purchasing functions of the City.
(12) Perform such other duties as are
specified in this Charter or may be required by the Council within the
limits of this Charter.
Editor's note:
Division (7) of this section incorrectly cites Article XVII of the Ohio
Constitution. The correct cite is Article XVIII, Section 4 of the Ohio
Constitution.
SECTION 6.03. REMOVAL.
The City Manager shall be subject to
removal by the Council at any time by an affirmative vote of the
majority of the Council. In any case, the former Manager shall be paid
all due sums pursuant to any contractual agreement the City Manager may
have with the City, or in the event there is no contract, the former
City Manager shall be paid any unpaid balance of salary and benefits.
(Amendment passed by electorate
11‑02‑04)
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SECTION 6.04. ACTING
MANAGER.
During the absence or disability of the
Manager, the Manager may designate in writing the appointment of a
person who is currently employed by the City to act as the temporary
chief administrative officer, to exercise the powers and perform the
duties of the Manager. Such exercise of powers shall not exceed 90
consecutive days without an affirmative vote of the majority of the
Council. In the event the Manager does not designate an appointee, the
Council may appoint an interim manager. (Amended 11‑4‑86)
SECTION 6.05. RESIGNATION.
The City Manager shall have the right
to resign his or her position at any time, subject to any notice
requirements contained in any contractual agreement the City Manager may
have with the City. In the event there is no agreement, the City Manager
shall give a thirty (30) day notice of intention to resign. The
requirement of notice may be waived by resolution or motion of the
Council.
ARTICLE VII ADMINISTRATIVE DEPARTMENTS
SECTION 7.01.
CREATION OF DEPARTMENTS.
The Council may establish, alter, or
abolish departments as deemed necessary to provide for the health and
welfare of the citizens. This shall not preclude the ability for the
Council to provide such services through joint participation with other
governmental agencies or to contract outside of its departments for
services.
SECTION 7.02.
DEPARTMENT DIRECTORS.
Each department shall be administered
by a full-time director appointed by the City Manager with the approval
of the Council. At the time of appointment the City Manager, with
concurrence of the Council, will determine which Department Directors
are required to become residents of the City. If residency is mandated,
then such Department Directors must establish residency within the City
limits within six (6) months after their respective appointments. Two or
more departments may be headed by the same person. The City Manager may
serve as the director of one or more departments in addition to the
duties of City Manager, if the Council approves. The Director shall have
supervision and control of the department subject to the direction of
the City Manager.
(Amendment passed by electorate
11‑2‑04)
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SECTION 7.03. CITY
ATTORNEY.
The City shall have a City Attorney who
shall be appointed in the same manner as department directors. The City
Attorney shall be an attorney-at-law admitted to practice law in the
State of Ohio, be in good professional standing, and need not be a
resident of the City. A law firm as well as an individual attorney may
serve as the City Attorney. The City Attorney shall serve as chief legal
advisor to the Council, the Manager, and all city departments,
divisions, offices, and agencies, shall represent the City in all legal
proceedings, and shall perform any other duties prescribed by this
Charter, by ordinance, or by the Administrative Code. When necessary,
the City Manager may appoint special legal counsel to represent the
City, together with or in place of the City Attorney.
(Amendment passed by electorate
11‑2‑04)
SECTION 7.04.
ADMINISTRATIVE CODE.
Subject to the provisions of this
Charter, the Council shall adopt an Administrative Code which shall
provide the organization of the City government, define the powers and
duties of each organizational unit, and determine administrative
procedures to be followed. Amendments to and revision of the
Administrative Code shall be made by the Council.
ARTICLE
VIII PERSONNEL
SECTION 8.01. MERIT
PRINCIPLE.
Appointments and promotions in the city
service shall be made according to merit and fitness to be determined as
far as practicable by competitive examination.
SECTION 8.02. PERSONNEL
BOARD.
There shall be a Personnel Board
consisting of thee members appointed by the Council for terms of three
years. Members of the first Board shall be appointed for terms of one,
two and three years, respectively. Thereafter, all members of the Board
shall be appointed for the full three year term. Any vacancy occurring
during the term of any member shall be filled for the unexpired term by
appointment of the Council.
Each member of the Board shall be a
qualified elector of the City known to be sympathetic with the merit
principle of public employment; shall neither hold nor be a candidate
for any other public office nor be employed by the City; and shall not
be an officer of any local, state, or national political party, or of
any partisan political organization.
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SECTION
8.03. DUTIES OF THE PERSONNEL BOARD.
The Board shall serve without
compensation and shall hear appeals from any nonexempt employee who has
successfully completed a probationary period, or applicant for
non-exempt position who has successfully completed a probationary
period, upon such issues as may be subject to appeal as defined by rules
established pursuant to Section 8.05. The Board shall have the power to
subpoena witnesses and require the production of records. The decision
of the Board shall be final.
SECTION
8.04. APPLICABILITY TO SCHOOL DISTRICT.
The City and the Personnel Board shall
have no jurisdiction over, nor be obligated to perform, any duties with
regard to employees of the Beavercreek City School District, if such a
school district is established.
SECTION
8.05. PERSONNEL RULES AND REGULATIONS.
The City Manager shall prepare and
propose to the Council personnel rules and regulations. The Council may
by ordinance adopt the proposed rules and regulations with or without
amendment. Personnel rules and regulations shall be reviewed and/or
updated at least every five (5) years.
(Amendment passed by electorate
11‑2‑04)
SECTION 8.06.
LOCAL RULE TO PREVAIL.
The Council shall have the authority to
adopt personnel ordinances or personnel rules and regulations which
modify, supplement, or supersede the laws of the State of Ohio and
which, in the case of conflict, shall prevail over the laws of the State
of Ohio.
ARTICLE IX BOARDS AND
COMMISSIONS
SECTION 9.01. CREATION OF BOARDS AND COMMISSIONS.
The City shall have a Planning
Commission; a Board of Zoning Appeals; a Parks, Recreation, and Culture
Board; a Personnel Board; and such other boards and commissions as may
be created by ordinance.
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SECTION 9.02. GENERAL RULES FOR BOARDS AND COMMISSIONS.
Unless otherwise provided for in this
Charter:
(1) Each Board or Commission created
in Section 9.01 shall consist of members appointed by the Council for
overlapping terms of three years. Members of the first boards shall be
appointed for terms of one, two, and three years, respectively.
Thereafter, all members of boards and commissions shall be appointed for
the full three-year term.
(2) Appointments and removals shall
be subject to the procedures as specified in the Administrative Code.
(3) Each member of a Board or
Commission of the City shall be and shall remain an elector of the City.
(4) Members of a Board or Commission
of the City shall not hold any other elected or appointed office in the
City or be an employee thereof.
(5) A vacancy occurring during the
term of any member of a Board or Commission shall be filled for the
unexpired term in the same manner as original appointments.
(6) Vacancies shall be filled within
sixty (60) days.
(7) Each Board and Commission shall
keep a journal of its proceedings. An affirmative vote of a majority of
all members shall be necessary to adopt any question, motion, or order.
(8) Each Board and Commission shall
establish its own operating procedures.
(9) All members of Boards and
Commissions shall serve without compensation unless otherwise provided
for by the Council.
(10) Boards and Commissions shall
perform all duties and functions imposed upon them by this Charter and
by the Council.
(Amendment passed by electorate
11‑2‑04)
SECTION 9.03.
PLANNING COMMISSION.
The Planning Commission shall act as
platting commissioners of the City, and as such shall have control of
platting and shall provide regulations covering the platting of all
lands within the City.
(1) It shall adopt and recommend to
the Council a comprehensive general plan for the physical development of
the City, which shall include the location of public ways, property,
bridges, utilities, buildings, parks, playgrounds, and recreation areas.
The comprehensive general plan shall show all
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existing school locations in the City
and shall show the projected locations of new schools as determined by
the Board of Education.
(2) It shall prepare and recommend to
the Council, ordinances creating areas, zones, and districts of
permitted and excluded uses, including rules, regulations, restrictions,
and limitations governing the design, height, floor area, size of
structures, area and size of lots, size of yards, courts, open spaces,
use and occupancy of public and private buildings, structures, and land
for trade, industry, off-street parking, residences, parks, playgrounds,
and other uses or purposes as will promote the general welfare of the
City and its inhabitants.
(3) Before the Planning Commission
shall recommend to the Council the rezoning of any lands it shall hold a
public hearing on the question. The Planning Commission shall cause to
be published one time in a newspaper or other printed publication
regularly distributed and of general circulation within the City or in
one or more public media forums, as required by law, a notice of the
public hearing. Such notice shall be published at least fifteen (15)
days prior to the public hearing and shall contain a summary of the
question and the date, time and place of the public hearing. The fact
that the summary contains errors or is incomplete shall not affect the
validity of the recommendation of the Planning Commission. The Planning
Commission shall also notify all property owners of the proposed
rezoning in accordance with the zoning ordinance.
(4) The Planning Commission shall
make a base map to be titled the
AOfficial
Map of the City of Beavercreek.@
(5) The Planning Commission shall
have control over the platting and subdivision of lands and the
improvement or development thereof.
(Amendment passed by electorate
11‑2‑04)
SECTION 9.04.
BOARD OF ZONING APPEALS.
The Board of Zoning Appeals shall hear
and determine applications for variances from the provisions of the
zoning ordinance, in harmony with the intent and purposes of that zoning
ordinance and in accordance with procedures provided therein. The Board
of Zoning Appeals shall also hear and determine appeals from any order,
requirement, decision, or determination made by the administrative
department or administrative officer who enforces and applies the zoning
ordinance.
SECTION 9.05. APPEALS TO THE COUNCIL FROM PLANNING COMMISSION AND BOARD
OF ZONING APPEALS.
Decisions of the Planning Commission
and the Board of Zoning Appeals may be appealed to the Council of the
City by filing a petition with the Clerk of Council within fifteen (15)
days from the date of the decision and setting forth the facts of the
case. Procedures governing such appeals shall be
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established by the zoning ordinance or
by other ordinances. The Council shall hold a public hearing on such
appeal not later than thirty (30) days after such appeal has been filed
with its Clerk. The Council by an affirmative vote of four (4) of its
members shall decide the matter, and their decision shall be final.
SECTION 9.06. PARKS, RECREATION, AND CULTURE BOARD.
The Parks, Recreation, and Culture
Board shall recommend a program to the Manager for the conduct of public
parks, and recreational and cultural facilities.
(Amended 11‑4‑86)
SECTION 9.07. PERSONNEL BOARD.
There shall be a Personnel Board as
prescribed in Section 8.02.
ARTICLE X FINANCE, TAXATION AND DEBT
SECTION 10.01. GENERAL.
The procedure provided in this Article
shall be in addition to the financial procedure required by the State of
Ohio.
(Amended 11‑4‑86)
SECTION 10.02. FISCAL
YEAR.
The Council may specify by ordinance, a
fiscal year other than that prescribed by Ohio Revised Code, if such
change would be beneficial to the City.
(Amended 11‑4‑86)
Statutory reference:
Fiscal year defined, see R.C.
' 5747.01(F)
SECTION
10.03. CAPITAL IMPROVEMENT PLAN.
The manager shall prepare and submit to
the Council annually a five-year capital program in such a manner as
Council may direct.
(Amended 11‑4‑86)
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SECTION
10.04. TRANSFER OF APPROPRIATIONS.
At any time during the fiscal year the
Manager may transfer part or all of any unencumbered balance among
budget allotments within a single appropriation; and upon written
request by the City Manager, the Council may by ordinance transfer any
unencumbered balance from one appropriation to another.
(Amended 11‑4‑89; Amended 11‑6‑90)
SECTION 10.05. INCOME TAX.
The Council shall have no power to
adopt and levy a city income tax without a majority vote of the electors
voting on such levy.
(Amended 11‑4‑86)
SECTION 10.06. TAX LEVIES.
Any taxes beyond the limit set by the
Constitution of the State of Ohio must be approved by a majority of the
electors voting at any election wherein the tax levy question, or
proposition has been authorized by the Council, stating the purpose,
rate, and number of years of said tax.
(Amended 11‑4‑86; Amended 11‑6‑90)
SECTION 10.07. SPECIAL FUNDS, TRUSTS, GIFTS, DONATIONS OR BEQUESTS TO
THE CITY.
(A) Any gift, donation or bequest to
the City of Beavercreek shall be used, appropriated and expended under
the direction of the Council, unless provided for in such gift, donation
or bequest.
(B) Trusts, gifts, and special funds
shall continue in force until the purposes for which they are made have
been accomplished or abandoned. The purpose of any such appropriation
may be deemed abandoned if three years pass without any disbursement
from or encumbrance of the appropriation, or shall be deemed abandoned
upon passage of an ordinance to that effect. When the purpose of the
fund has been abandoned, all residuals shall be dispersed in a manner
determined by the Council.
(Amended 11‑4‑86)
SECTION 10.08.
COMPETITIVE BIDDING.
(A) Purchase of all supplies,
materials, non-professional services, and equipment on behalf of the
City shall be made pursuant to and in conformance with the purchasing
procedures established by the Ohio Revised Code. In cases of public
emergency affecting life, health, safety, property, or public welfare,
such purchases may be made without competitive bidding in accordance
with procedures established by Council.
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(B) Professional services are to be
contracted for through a competitive process established by the City
Manager.
(Amended 11‑06‑90; Amendment passed by
electorate 11‑4‑97; Amendment passed by electorate 11‑2‑04)
SECTION 10.09. PUBLIC
ACCESS.
Copies of the budgets and capital
program shall be public record and shall be made available to the public
at suitable places in the City as may be determined by the Council.
(Amended 11‑4‑86)
SECTION
10.10. ANNUAL APPROPRIATION ORDINANCE.
At the meeting of the Council at which
the revised final budget estimates for the appropriation ordinance are
submitted, the Council shall adopt the estimates as submitted, or as
amended, as the appropriation ordinance of the City of Beavercreek for
the ensuing fiscal year:
The appropriation ordinance shall
become effective upon adoption and shall constitute an appropriation for
the budgeted items and approval of the work projects without further
legislation
(Amended 11‑06‑90)
ARTICLE XI NOMINATIONS AND ELECTIONS
SECTION 11.01. CITY
ELECTIONS.
The regular election for members of the
Council shall be held on the first Tuesday after the first Monday in
November in the odd numbered years. The Council may, by resolution,
order a special election, the purpose of which shall be set forth in the
resolution. The date for special elections shall be set in accordance
with the state election calendar.
(Amended 11‑4‑86)
SECTION 11.02.
CONDUCT OF ELECTIONS.
Both regular and special elections
shall be conducted by the Board of Elections of Greene County, Ohio, as
required by law with such exceptions as provided by this Charter.
Non-partisan ballots shall be used for all elective offices.
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SECTION 11.03.
NOMINATIONS.
No primary election shall be held for
the nomination of candidates for the Council. Candidates for the Council
to be elected at large shall be nominated by petitions signed by
seventy-five (75) qualified electors of the City. Petitions shall be the
standard forms provided by the Greene County Board of Elections for the
nomination of individual nonpartisan candidates for such offices. Group
petitions shall not be used for individual offices. Each circulator of a
nominating petition shall be a qualified elector of the City. The
signatures to a nominating petition need not be all affixed to one
paper, but to each separate paper of a petition there shall be attached
an affidavit executed by its circulator stating the number of signers of
the paper, that each signature on it was affixed in his/her presence and
that he/she believes each signature to be the genuine signature of the
person whose name it purports to be. The signatures shall be executed in
ink or indelible pencil. Each signer shall indicate next to his/her
signature the date of signing and the place of residence. Petitions
shall be filed with the Board of Elections by 4 p.m. at least
seventy-five (75) days before the election.
(Amended 11‑6‑90)
SECTION 11.04. PLURALITY.
A plurality of valid votes cast shall
be sufficient to elect.
ARTICLE XII INITIATIVE AND REFERENDUM
SECTION 12.01. INITIATIVE.
Ordinances and other measures providing
for the exercise by this City of any of its powers of government may be
proposed by initiative and shall be by petition. The forms and
procedures to be used and followed with regard to any initiative
petition shall be as provided by state statutes dealing with the
initiative process in municipal government, except as provided in
Section 12.03.
(Amended 11‑4‑86; Amended 11‑6‑90)
SECTION 12.02. REFERENDUM.
Any ordinance or other legislative
action enacted by the Council of this City shall be subject to the
referendum to the extent provided in state statues dealing with the
referendum process in municipal government. The forms and procedures to
be used and followed with regard to any referendum shall be as provided
by those same state statutes, except as provided in Section 12.03.
(Amended 11‑4‑86; Amended 11‑6‑90)
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SECTION 12.03. ELECTION.
Legislation proposed by initiative
petition, and legislation submitted by referendum petition for approval
or rejection, shall be placed before the electors at the next succeeding
election occurring subsequent to 75 days after the initiative or
referendum petition is certified to the Board of Election.
(Amended 11‑6‑90)
SECTION 12.04. RECALL.
Any elected officer of the City may be
removed from office by the qualified voters of the City. The forms and
procedures to be used and followed with regard to recall shall be as
provided in Revised Code 705.92, the state statute dealing with recall
in municipal corporations, except to the extent set forth below:
(1) The question of recall of any
elected official may be submitted to the qualified voters after that
official has served one year of his or her elected term.
(2) A recall election shall be held
at the next election occurring subsequent to seventy-five (75) days
after the recall petition is certified by the County Board of Elections.
(Amended 11‑4‑86; Amended 11‑6‑90;
Amendment passed by electorate 11‑4‑97)
ARTICLE XIII
GENERAL PROVISIONS
SECTION 13.01. OATH OF
OFFICE.
All elected officers, members of boards
and commissions, and the Manager of the City shall, before entering upon
their duties, take and subscribe to the following oath or affirmation to
be filed and kept in the office of the Clerk of Council:
AI
solemnly swear (or affirm) that I will support the Constitution of the
United States and of the State of Ohio and will obey the laws thereof,
and that I will, in all respects, uphold and enforce the provisions of
the Charter and ordinances of the City of Beavercreek, Ohio, and will
faithfully discharge the duties of upon
which I am about to enter.@
SECTION 13.02. OFFICIAL
BONDS.
The City shall furnish all surety bonds
for its officers, employees, appropriate board and commission members,
and any other persons required by the Council to be bonded. The amount
of such bonds shall, in each case, be fixed by the Council or all
persons whose duties require that they handle or be
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concerned with the management of the
money or other property of the City. These surety bonds shall be issued
by a company authorized to do business in the State of Ohio, and the
premium on such bonds shall be paid from the funds of the City.
SECTION 13.03. FEES.
All fees, gratuities, gifts, or other
emoluments received by officers or employees of the City in connection
with their employment with the City shall be accounted for and paid into
the City treasury, except as otherwise provided by ordinance.
SECTION
13.04. PERSONAL FINANCIAL INTEREST.
Any city officer or employee who has a
substantial financial interest, direct or indirect, or by reason of
ownership of stock in the corporation, in any contract with the City or
in the sale or purchase of any land, material, supplies, or services to
the City or to a contractor supplying the City, as may subsequently be
defined by the Council, shall make known that interest and shall refrain
from voting upon or otherwise participating in that capacity as a city
officer or employee in the making of such sale or purchase, or in the
making or performance of such contract. Any city officer or employee who
willfully conceals such a substantial financial interest or willfully
violates the requirements of this section shall be guilty of malfeasance
in office or position and shall forfeit the office or position.
Violation of this section with the knowledge express or implied of the
person or corporation contracting with or making a sale to the City
shall render the contract or sale voidable by the Manager or the
Council.
SECTION 13.05. POLITICAL SOLICITATIONS PROHIBITED.
No elected or appointed City officer or
City employee shall solicit, or cause to be solicited, any
contributions, political, financial or otherwise, from any elected or
appointed City officer or City employee, unless approved by. the City
Manager. The Council shall enact ordinances to enforce this provision.
(Amendment passed by electorate
11‑2‑04)
SECTION 13.06.
DEPARTMENTAL DIVISIONS.
Pending the adoption of an
Administrative Code by the Council, the Manager may establish temporary
divisions by administrative order.
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SECTION 13.07. CHARTER
REVIEW.
At least every five (5) years, the
Council shall appoint a committee of seven (7) qualified electors of the
City to be known as the Charter Review Commission. This Commission shall
review the whole Charter and shall recommend to the Council any
alterations, revisions, and amendments to this Charter as in the Charter
Review Commission's judgment seem advisable. The Council may submit to
the electors any such proposed alterations, revisions, or amendments to
this Charter at the next regular election in accordance with Article
XVIII, Section 9, of the Constitution of the State of Ohio. Each Charter
Review Commission shall cease to function the day following the election
at which its proposals are submitted to the electorate or earlier as
Council may direct. The members shall serve without compensation. In
addition, the Council may appoint additional such commissions for the
limited purpose of reviewing specified portions of the Charter.
(Amended 11‑4‑86; Amended 11‑6‑90)
SECTION 13.08.
CHARTER AMENDMENT.
This Charter may be amended as provided
in Article XVIII, Section 9, of the Constitution of the State of Ohio.
The Council is granted the authority by affirmative vote of five (5)
members to, by ordinance; incorporate administrative changes to this
Charter provided no substantive changes to the Charter are caused. Such
administrative changes shall be limited to errors of grammar, sentence
construction, standardization of similar terms and paragraph renumbering
as necessary. Such administrative changes shall be made at the next
reprinting of the Charter.
(Amendment passed by electorate
11‑2‑04)
SECTION 13.09. OPEN
MEETINGS.
Where a majority of a board,
commission, committee, or similar decision-making public body of the
City, including the Council, shall prearrange a discussion of the public
business of the public body, it shall be required to take official
action and to conduct all deliberations upon official business only in
public meetings in accordance with the laws of the State of Ohio.
Executive sessions shall be permitted in accordance with the laws of the
State of Ohio.
SECTION 13.10.
GENERAL PROCEDURE.
If no procedure, requirement, or
limitation is established either by this Charter or by ordinance, then
that provided by general state law shall be followed until the Council
shall provide a different procedure, requirement or limitation by
ordinance, unless otherwise provided by this Charter.
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SECTION 13.11.
SEPARABILITY.
If any provision of this Charter is held
invalid, the other provisions shall not be affected thereby.
ARTICLE XIV TRANSITIONAL PROVISIONS
SECTION
14.01. CONTINUATION OF ORDINANCES.
All ordinances, resolutions, and other
acts of the Village of Beavercreek in effect at the time this Charter
becomes effective shall remain in effect, except as superseded by the
provisions of this Charter, until amended or repealed by the Council or by
the electors as provided in Article XII.
(Amended 11‑6‑90)
SECTION
14.02. SUCCESSION AND VESTED RIGHTS.
The City of Beavercreek, under this
Charter, is hereby declared to be the legal successor of the Village of
Beavercreek, under the general laws of the State of Ohio; and as such it
has title to all property, real, personal, and mixed, owned by its
predecessor, including all moneys on deposit and all taxes in process of
collection together with all accounts receivable and rights of action.
Adoption of the Charter or any amendments of it shall not impair rights
vested in the City nor discharge any liability previously incurred by the
City.
(Amended 11‑6‑90)
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