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The City of Olmsted Falls consists of the former Villages of West View and Olmsted Falls. These Villages were merged, consolidated and combined ("annexed," in the language of the statute) by action of their voters under authority of Ohio R.C. 709.22 et seq. The effective date of the consolidation was January 1, 1971.
The Report of the Annexation Commission to the Councils of the Village of West View, Ohio, and the Village of Olmsted Falls, Ohio, provided (Section 25) that the ordinances of the Village of West View were to become the effective ordinances of the consolidated community and that the ordinances of the Village of Olmsted Falls were to be effective only to the extent that their subject matter was not covered by West View ordinances. These Codified Ordinances were codified and edited accordingly. The complete Report is set forth below.
REPORT OF THE ANNEXATION COMMISSION
TO THE COUNCILS OF
THE VILLAGE OF WEST VIEW, OHIO
THE VILLAGE OF OLMSTED FALLS, OHIO
TO THE COUNCIL OF THE VILLAGE OF WEST VIEW, OHIO
TO THE COUNCIL OF THE VILLAGE OF OLMSTED FALLS, OHIO
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The Councils of the Village of West View and Olmsted Falls have appointed the undersigned to act on behalf of both communities to study and formulate terms and conditions under which both entities should be merged, consolidated or combined into one community. It is understood that this legal action was initiated by the majority of registered voters of the Village of Olmsted Falls to be annexed to the Village of West View according to the prescribed procedures set forth in the State of Ohio Revised Code, Sections Nos. 709.24 and 709.26.
It is further understood that the term "annexation" is the only legal term used in the above State of Ohio Revised Code covering the merging of these two communities. This Commission prefers to use the term "consolidation", considering it more appropriate “in spirit”, and thus uses this term throughout the following unanimously agreed upon conditions of "consolidation'':
1. The question of the consolidation of the Village of Olmsted Falls and West View shall be submitted to the electors of both communities on May 5, 1970, for such electors’ approval or disapproval, based upon the conditions and terms contained within this contract. In the event that the proposed consolidation shall receive the approval of the electors, simple majority, in both communities, proceeding as outlined in Sections 709.32, 709.33, and 709.34 shall commence. In the event that the proposed consolidation shall be defeated by the electors, then the consolidation as proposed herein shall not take effect.
2. The issue of the consolidation of the Village of West View and the Village of Olmsted Falls shall be voted upon by registered voters of both villages at their designated election polls. An election ballot will include the following:
"Shall the Village of Olmsted Falls be annexed to the Village of West View?
YES ________ NO________ "
3. From and after midnight December 31, 1970, pursuant to the terms and conditions of this contract, the combined territories of Olmsted Falls and West View shall be governed as one with an administration, consisting of a Mayor, Clerk, and Treasurer, elected in the general election of November, 1970. For the purpose of nominating and electing said new administration, any person who has been a qualified elector in either of the two villages for three years or more may be nominated for Mayor, Clerk, or Treasurer, by petition of any twenty-five qualified electors, who shall be designated as his sponsors. The terms of the new Mayor, Clerk, and Treasurer shall be for four years according to the provisions of Chapter 733 of the Ohio Revised Code.
4. Three councilmen from the Village of West View have submitted signed resignations to a trustee, which shall become effective at such time as the consolidation becomes legally effective. (See Appendix A for the form of resignation. ) The vacancies thus created shall be filled at the first council meeting in January of 1971, according to the procedure set forth in Ohio Revised Code 731.43. Prior to December 22, 1970, the Council of the Village of Olmsted Falls shall designate three of its members, or two of its members and the Mayor of Olmsted Falls, to be the three new councilmen of the consolidated community, by secret ballot conducted by the Clerk of the Village of Olmsted Falls in which each member of council shall vote for not more than three individuals. The three receiving the greatest number of votes must be appointed to the council vacancies which will occur in West View, should annexation become effective.
In the event that the Council of the Village of Olmsted Falls fails to follow the above procedure by the prescribed time, then the three members of this Consolidation Commission representing Olmsted Falls shall make the selection by simple majority vote on each of the three positions.
At such time as the selection of councilmen to fill the proposed vacancies is made, the names of the resigning West View councilmen shall be announced and these resignations and the names of the men who will fill the vacancies shall be a matter of public record.
Within seven days after the vacancies created by the resignation of the three councilmen from the Village of West View have been filled pursuant to Ohio Revised Code 731.43, the legislative authority of the newly consolidated community shall meet for the purpose of determining which two councilmen shall serve the remaining one-year terms, and which four councilmen shall serve the remaining three-year terms. Said determination shall be resolved by lot by the newly elected mayor in the presence of all the members of council. The mayor shall prepare six slips of white paper measuring approximately two inches square, of which four slips shall each be marked with the numeral 3, two slips each marked with the numeral 1. The marked slips shall then be placed by the mayor in a container of his choosing and drawn by each councilman in alphabetical order. The number drawn by each councilman shall constitute the number of years of his or her term.
5. The name of the consolidated community shall be "Olmsted Falls". For purposes of clarity, the term "West View", whenever used in this contract, refers to the presently existing Village, and when used in speaking of matters following the effective date of consolidation, the consolidated community. The term "Olmsted Falls", as used in this contract, refers only to the presently existing Village of Olmsted Falls.
6. The inhabitants and residents of the Village of West View and the Village of Olmsted Falls, after consolidation, shall operate and have equal rights and privileges as specified by the constitution and laws of the State of Ohio.
7. The consolidation shall not affect any rights or liabilities existing at the time of consolidation, either in favor of or against either municipality except such as are effected by the terms and conditions of consolidation. Pending suits and suits founded upon such rights and privileges may be commenced and prosecuted to final judgment or decision as though consolidation had not taken place.
8. Special Assessment Bonds for streets, sewers or other improvements in either the Village of West View or the Village of Olmsted Falls, payable as assessments so made and authorized, shall remain obligations against the properties assessed until paid.
9. The property on the tax duplicate of the Village of West View shall become subject to the payment of the pre-existing general obligation bonded indebtedness of the Village of Olmsted Falls, and likewise, the property on the tax duplicate of the Village of Olmsted Falls shall become subject to the payment of the pre-existing general obligation bonded indebtedness of the Village of West View.
10. The Village of Olmsted Falls has been ordered by the State of Ohio to build a new sanitary sewer system. It is estimated that the cost of this system will be approximately $2.7 million, of which obligations totaling approximately $90,000 have already been met for plant design, assessment, and right-of-way estimates, and financial counsel. No contracts have been let for actual construction. Should the consolidation be approved, the sewer system would become the responsibility of all residents of the consolidated community, except those excluded by law. Since all residents would benefit, if consolidation is approved officials of the community shall petition the Ohio Water Pollution Control Board for an extension of the construction starting date so that the plans can be expanded to meet the needs of the entire area. It is recommended that present water lines be extended to areas of the community not presently served by such lines.
11. All contractual obligations, including but not limited to rubbish pick-up and insurance, of both Olmsted Falls and West View Villages shall remain in effect until time of expiration or until renegotiated by the government of the consolidated community.
12. All books, documents and records belonging to the Village of West View and to the Village of Olmsted Falls shall become the property of the consolidated community.
13. All monies, bank accounts, funds, accounts, and taxes receivable, accounts payable, bonds, notes, and trust funds of the Village of West View and the Village of Olmsted Falls shall be consolidated into common accounts of assets and liabilities, and all obligations incurred or payable by said Villages shall be assumed and payable by the consolidated community. If approved by the electors as provided by law and as provided herein, the certification of these terms and conditions of consolidation shall thereupon operate as an assignment of and transfer of all the assets and liabilities, both real estate and personal property of said Villages, to the consolidated community.
14. All areas affected by the consolidation shall be continued in their existing zoning classifications until amended by the government of the consolidated community.
15. Liquor laws now in effect in existing areas will be continued for said areas within the consolidated community.
16. The use of municipally-owned or leased buildings and properties will be determined by the government of the consolidated community.
17. Consolidation as provided for in this contract is made for municipal purposes only. Therefore, school districts and postal zones shall not be affected.
18. The yearly salaries of the newly-elected officials shall be as follows:
Mayor - $ 2,400
Councilman - $ 360
Treasurer - $ 600
Clerk - $ 3,000
19. All contracts and agreements entered into by the Village of West View and by the Village of Olmsted Falls for the hiring of various village employees, including but not limited to the police, law director, engineer and building inspector, shall be subject to termination upon consolidation and if terminated, shall be considered null and void.
20. It is not the intent of this contract to detail specific positions for permanent employees. However, if the consolidation is adopted, all full-time employees will be assured of employment as determined by government of the consolidated community. A Civil Service Examination or its equivalent shall be a dominant factor in determining officers of the safety departments.
21. The Commission recognizes the urgent need for a full-time fire department and therefore strongly recommends that such a fire department be established at the earliest possible time after consolidation.
22. Both villages need and use part-time employees. It is assumed that all part-time employees will continue to serve as determined by the normal procedure of favorable vote by the government of the consolidated community.
23. The appointed position of Law Director, Engineer and Building Inspector will be determined by the normal procedure of favorable vote by the government of the consolidated community.
24. The following committees or commissions shall be appointed:
Board of Building Standards
Zoning Board of Appeals
Citizens Advisory Committee
Their members shall be appointed by the government of the consolidated community.
25. The ordinances of the Village of West View shall become the effective ordinances of the consolidated community. The ordinances of the Village of Olmsted Falls that are not covered by West View ordinances shall be in effect for the consolidated community until review and codification of ordinances for the consolidated community is consummated. This review and codification shall be initiated immediately.
26. Each section of this contract is separate and independent from the other sections and if any section fails for reasons of illegality or unconstitutionality, or because it exceeds the powers of this Commission, all other sections shall remain in full force and effect.
IN WITNESS WHEREOF, We, a majority of the commissioners duly appointed to study and formulate the terms and conditions under which the Village of Olmsted Falls, Ohio, should be annexed to the Village of West View, Ohio, have hereunto subscribed our names on this 12th day of January , 19 70 .
Commissioners of the Commissioners of the
Village of Olmsted Falls, Ohio Village of West View, Ohio
/s/ Chester A. Atkinson /s/ Joy Gannett
Chester A. Atkinson Joy Gannett, Commission Secretary
/s/ Donald G. Cunningham /s/ Bertram B. Lewis
Donald G. Cunningham Bertram B. Lewis
/s/ Charles W. Wright /s/ Norman R. Sherbert
Charles W. Wright Norman R. Sherbert,
Commission Co-Chairman Commission Chairman
Council of the Village of West View
9722 Columbia Road
West View, Ohio 44138
In order to facilitate the amalgamation of the communities, I am hereby resigning from the Village Council of the Village of West View in the event that the annexation of the Village of Olmsted Falls becomes effective. I request that this notice of resignation be retained by a trustee and that it be kept in confidence until such time as the Village of Olmsted Falls agrees to make public its choice of three councilmen to fill the vacancies to be created on the West View Council. I wish it to be understood that this resignation shall be null and void if, for any reason, the pending annexation fails.
CODIFIED ORDINANCES OF OLMSTED FALLS, OHIO