Section 12.04  CHARTER PREVAILS IN TRANSITION.
   (A)   It is the intention of the Charter Commission in the drafting of this Charter, and of the people of Wauseon, Ohio, that the double transition from village to city status and from non charter to charter municipality shall be accomplished as efficiently as possible.  Accordingly, this Charter has been drafted to permit those elected officials of the Village, other than members of the Board of Trustees of Public Affairs, who are serving at the time this Charter shall take effect to serve, if they desire, the remainder of their term in an appropriate office under the Charter.  Since the election on the Charter may be held after the filling deadline for which persons who wish to seek offices under the general statutory plan of government for cities, which form of government will apply if this Charter is not approved by the electors, but before the date of the primary election; and since the Charter Commission, and the people of Wauseon, desire to permit persons who have filed for the office of member of Council under such general statutory plan of government for cities (whether for the office of Council member at large or ward Council member) and persons who have filed for Council President under the general statutory plan of government for cities, to become candidates for member of Council under this Charter at the nonpartisan primary to be held in 1981; this Charter provides for a transition of the government as provided in Division (A) of Section 5.01, Division (A) of Section 6.01, Division (A) of Section 6.02, and as provided in this Section of this Charter.
 
   (B)   Since the preliminary 1980 Federal Census conducted by the federal government indicates the Municipality will have a population in excess of five thousand persons; and since such population would result, under the Ohio laws applicable to municipalities, in the Municipality being proclaimed as a City; and since the Charter Commission, and the people of Wauseon are uncertain when the final 1980 Federal Census will be certified and such proclamation will be issued and whether such certification and proclamation will occur after the filing deadline for candidates for municipal offices; and since it is possible that the 1981 primary for municipalities that will make a transition from village to city status, or the filing deadline for municipal offices in municipalities, will be changed to a later date to accommodate the transition from village to city status because of the 1980 Federal Census, the following appropriate procedures for transition, with respect to the nomination and election of members of Council under this Charter shall be followed:
      (1)   In the event the Ohio General Assembly shall change the date for holding municipal primary elections in municipalities making the transition from village to city status in 1981 to a date subsequent to the date provided in the general laws of Ohio in effect on February 1, 1981, (hereinafter referred to as the "Delayed Primary") and the date for filing for municipal offices in 1981 with respect to the Delayed Primary (herein referred to as the "Delayed Filing Date"), and if this Charter is approved by the electors, then:
         (a)   The two persons elected as members of the Council at the election held in November, 1979, or any successor thereto, under the general statutory plan of government for villages shall be members of the Council under this Charter through December 31, 1983, and they shall exercise all powers, duties and functions of Council members under this Charter.
         (b)   Eight persons shall be nominated for the offices of member of Council under this Charter, pursuant to the provisions of this Charter, at the Delayed Primary, and four persons shall be elected to the offices of member of Council under this Charter, pursuant to the provisions of this Charter, at the regular municipal election to be held in 1981.  The three persons who receive the largest number of votes at the regular municipal election in 1981 shall be elected to four year terms of office, and the person who receives the fourth largest number of votes at the regular municipal election in 1981 shall be elected to a two year term of office.  At the regular municipal election to be held in 1983, three members of Council shall be elected for four year terms of office.  At the regular municipal election to be held in 1985 and in every odd numbered year thereafter three members of Council shall be elected to four year terms of office.
      (2)   In the event a Delayed Primary is not held in 1981, or if held, in the event a Delayed Filing Date is not provided for, and if this Charter is approved by the electors, then:
         (a)   The two persons elected as members of the Council at the election held in November, 1979, or any successor thereto, under the general statutory plan of government for villages shall be members of the Council under this Charter through December 31, 1983, and they shall exercise all powers, duties and functions of Council members under this Charter.
         (b)   Persons who filed for the offices of member of Council, whether for the office of Council member at large or ward Council member, and President of Council under the general statutory plan of government for cities prior to the filing deadline in 1981 are hereby designated as candidates for the office of member of Council under this Charter, and (i) if a primary election is held in 1981, the eight persons nominated, under the provisions of this Charter, at the primary election in 1981 shall be candidates at the regular municipal election to be held in 1981, or (ii) if a primary election is not held in 1981, such persons who filed for such offices, regardless of political party affiliation or lack thereof, shall be candidates at the regular municipal election to be held in 1981.  The three persons who receive the largest number of votes at the regular municipal election in 1981 shall be elected to four year terms of office, and the person who receives the fourth largest number of votes at the regular municipal election in 1981 shall be elected to a two year term of office.  At the regular municipal election to be held in 1983, three members of Council shall be elected for four year terms of office.  At the regular municipal election to be held in 1985 and in every odd numbered year thereafter three members of Council shall be elected to four year terms of office.
 
   (C)   The Board of Trustees of Public Affairs, under the village general statutory plan, shall be abolished and the terms of members thereof shall end as of January 1, 1982.
 
   (D)   The offices of Village Clerk-Treasurer and Village Solicitor shall be abolished effective January 1, 1982 and the persons holding such offices at the time this Charter takes effect are designated to serve as the Director of Finance and Director of Law, respectively, as provided in Sections 6.01 and 6.02 of this Charter.
 
   (E)   Since there are no elected offices of the City Auditor, City Treasurer and City Director of Law under this Charter, no primary or regular municipal election for such offices shall be held in 1981 regardless of the fact that persons may have filed for such offices under the laws applicable to the general statutory plan of government for cities.
 
   (F)   Since this Charter has designated the person elected at the regular municipal election held in 1979 as Mayor under the general statutory plan of government for villages as the Mayor under this Charter, no primary or regular municipal election for the office of Mayor shall be held in 1981 regardless of the fact that persons may have filed for such office under the laws applicable to the general statutory plan of government for cities.
 
   (G)   This Charter, including this Section and the Sections of this Charter referenced in Division (A) of this Section, have been adopted by the people of Wauseon, Ohio as a direct exercise of their powers of local self government under Article XVIII of the Ohio Constitution, and this Charter and such Sections shall prevail over any conflicting statutes of the State of Ohio or administrative rules or directives promulgated by any official under such statutes.
CODIFIED ORDINANCES OF WAUSEON