CHAPTER 131
Mayor

131.01   Signing of warrants, checks and vouchers.

131.02   Signing of bonds and notes.

131.03   Authority to dispose of personal and real property.

131.04   Authority to settle moral claims.

131.05   Authority re vending machines.

131.06   Benefits.

CROSS REFERENCES

   Veto - see CHTR. Art. III, Sec. 8

   Executive and administrative powers - see CHTR. Art. IV, Sec. 1

   Term - see CHTR. Art. IV, Sec. 2

   Vacancy- see CHTR. Art. IV, Sec. 3

   Powers and duties generally - see CHTR. Art. IV, Sec. 4

   Mayor's estimate of revenues and expenditures - see CHTR. Art. IV, Sec. 5

   Signing warrants and vouchers - see ADM. 135.01

   Mayor to serve as Safety Director - see ADM. 141.01

   Bond - see ADM. 165.01(b)

   Mayor to hear peddler license appeals - see BUS. REG. 717.04

131.01 SIGNING OF WARRANTS, CHECKS AND VOUCHERS.

   All checks, warrants and vouchers required for the withdrawal and disbursement of funds shall be signed, for and on behalf of the Municipality, by the Mayor and Finance Director.

(1964 Code Sec. 22.01)

   The Mayor may authorize use of a facsimile reproduction of his signature where efficiency warrants.  However, use of a facsimile signature for checks in excess of twenty-five thousand dollars ($25,000) is prohibited.  (Ord.  1999-29.  Passed 2-1-99.)

131.02 SIGNING OF BONDS AND NOTES.

   The Mayor and Finance Director are hereby authorized and directed to sign, for and on behalf of the City, all bonds and notes issued or to be issued by the City.

(1964 Code §22.02)

131.03 AUTHORITY TO DISPOSE OF PERSONAL AND REAL PROPERTY.

   (a)   The Mayor is authorized and directed to provide for the sale, disposal or donation of surplus personal property, no longer needed for public use, including property unclaimed for a period of at least 90 days, in the following manner:

      (1)    At such times as equipment, including motor vehicles and supplies of the  City serve no useful municipal purpose, the Mayor shall provide for the sale of such surplus personal property as provided in this section. Such determination shall be made not less than once during each calendar year.

      (2)    Sale, disposal or donation of surplus personal property that has an estimated value of more than two thousand dollars ($2,000.00) per item and not needed for public use shall be made after Council, by ordinance, directs the Mayor to dispose of the same by one of the following methods:

         A.    By the acceptance of sealed bids, after advertising not less than one time in a newspaper of general circulation in the City;

         B.    By public auction, after advertisement for not less than one time in  a newspaper of general circulation in the City;

         C.    By an Internet Auction Listing Service open to the public.

            1.    "Internet Auction Listing Service" means a website on the Internet, or other interactive computer service that is designed to allow or advertised as a means of allowing users to offer personal property or services for sale or lease to a prospective buyer or lessee through an on-line bid submission process using that website or interactive computer service and that does not examine, set the price, or prepare the description of the personal property or service to be offered, or in any way utilize the services of a natural person as an auctioneer.

            2.    "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including, specifically a service or system that provides access to the Internet.

            3.    The Mayor is hereby authorized to enter into an agreement or agreements with internet auction listing service(s) to allow for the sale of personal property as provided in this section.

            4.    Personal property unable to be sold pursuant to this section may be donated or disposed pursuant to Section 131.03(a)(5) and (6), below.

      (3)    Surplus property having an estimated value of two thousand dollars ($2,000) or less per item shall be sold or disposed of by the Mayor at the highest attainable price but without the necessity of sealed bid or auction. Property unable to be sold pursuant to this section, may be donated or disposed of pursuant to Section 131.03(a)(5) and (6), below.

      (4)    The Mayor may dispose of any City owned personal property by destruction or placing in refuse for permanent disposal, without attempting to sell the property pursuant to Section 131.03(2) or (3), when all of the following are met:

         A.    The property is impeding the efficient operations of the City of Beachwood by wasting and occupying usable space;

         B.    The property is broken and beyond repair, outdated, inefficient or a safety risk to the user;

         C.    The Property was purchased for less than two thousand dollars ($2,000.00) per item and is over five years old; and

         D.    The Department Head having immediate control over the property certifies the above items to the Mayor and the Mayor approves of such disposal in writing.

      (5)    Surplus personal property excluding real property, may be donated or sold to a charitable entity, not-for profit entity or governmental entity, without the necessity of sealed bids or auction, when the Mayor determines that the property is no longer needed for operations within the City of Beachwood. Property having an estimated value of over two thousand dollars ($2,000.00) per item shall require approval of City Council prior to sale or donation. Property having an estimated value of two thousand dollars ($2,000.00) or less per item may be sold or donated upon written authorization by the Mayor.

      (6)    If surplus personal property not needed for public use, regardless of value, cannot be sold or donated after the Mayor utilizes the provisions of this Section, the property may be disposed of by discarding in the City sanitation.

      (7)    The proceeds for the sale of surplus property shall be deposited in the General Fund.

      (8)    The Mayor or his designee shall keep full and accurate records of the sale of such property.

      (9)    The Mayor or his designee shall estimate the value of surplus personal property to be sold under the provisions of this section.

   (b)    (1)    The sale or lease of real property not needed for public use shall only be made after Council, by ordinance, directs the Mayor to enter into such disposition. The sale or lease of real property need not be made by bid or auction, but the final sale price shall be consistent with comparable sales to said property.

      (2)    Real property shall only be sold pursuant to subsection (b)(1) with all remuneration to be placed in the General Fund.

      (3)    A revocable license for the use of real property may be granted by the Mayor, on terms satisfactory to the Mayor without the necessity of Council approval.

   (c)    The Mayor is hereby authorized to dispose of construction, debris, demolition material scrap metals and trash with resale or scrap value to the City with a value of fifteen thousand dollars ($15,000.00) or less after obtaining three (3) informal quotations upon a finding by the Mayor that the property is no longer needed and should be sold.

   (d)   Disposal of contraband and unclaimed or forfeited property in the possession of the police department shall be disposed of pursuant to Chapter 2981 and Title 45 of the Ohio Revised Code.  (Ord. 2015-62.  Passed 5-15-15.)

131.04 AUTHORITY TO SETTLE MORAL CLAIMS.

   The Mayor is hereby authorized to settle moral claims made against the City, with the approval of the Law Director, of not more than one thousand five hundred dollars and no/cents ($1,500). As used in this section, a "moral claim" means a claim against the City which is legally doubtful or uncertain, but which, in the course of natural justice, should be paid to avoid an unreasonable and undue hardship upon a person who has been caused a loss through no fault of himself or herself, which loss arises out of some act or omission relating to governmental or proprietary activities of the City.  (Ord. 2018-141.  Passed 9-4-18.)

131.05 AUTHORITY RE VENDING MACHINES.

   The Mayor is hereby authorized to enter into a contract for each of the vending machines to be located within any of the Municipal buildings, which contract shall be subject to cancellation by either party. The Finance Director is hereby directed to close out the Enterprise Fund used for Public Works Department vending machines and to transfer the balance of such Fund into the General Fund of the City. Inventory for the Public Works Department vending machines shall be transferred to the Public Works Department union. The vending machines approved by the Mayor shall be under the direct control of the unions for the Police Department, the Fire Department and the Public Works Department for machines in their areas, subject to the regulation of the Mayor. Such unions shall be solely responsible for the operation of the machines, and any net proceeds of a machine shall belong to the union for the department where the machine is located. The City shall not be responsible in any manner for the operation of the machines.

(Ord. 1987-103. Passed 8-17-87.)

131.06 BENEFITS.

   (a)   The Mayor shall receive medical and other benefits generally provided for full-time administrative employees of the City, with the exception of longevity compensation and sick leave.  Such benefits will include, but are not limited to, medical, life insurance with an option of AD & D coverage, and short term disability benefits provided for administrative employees of the City, cellular phone allowance at maximum allowed per Section 2.8.3 of the Administrative Salary Ordinance, and the use of an automobile provided by the City.  The Mayor shall receive three (3) weeks of paid vacation during the Mayor's first term of office; four (4) weeks of paid vacation during a second term of office; and five (5) weeks of paid vacation during a third or subsequent term of office.

   (b)   The City shall establish a "Fringe Benefit" pension "pickup plan" and pay fifty percent (50%) of the Mayor/Safety Director's mandatory pension contribution.  This is in addition to the Mayor/Safety Director's ability to participate in the City's "Salary Reduction" pension "pickup plan".

   (c)   Travel expenses for official business of the City or the reimbursement of out-of-pocket expenses in excess of Five Hundred Dollars ($500.00) must be approved by Council.  All expenses of any amount shall be related to official City business, shall be reasonable, and shall be substantiated by receipts submitted to the Finance Department.  Expenses of an out-of-town workshop, seminar or convention will require advance approval by Council if such event involves more than Five Hundred Dollars ($500.00) in total expenditures.  Travel Expenses to attend Mayor's Court Training, each year, is approved for a total not to exceed Five Hundred Dollars ($500.00).

   (d)   Gratuities received by the Mayor for the performance of marriages may be retained by the Mayor, in addition to the compensation provided herein.

   (e)   No other benefits are provided for the Mayor unless approved by Council.

(Ord. 2008-160.  Passed 1-5-09.)