Label
Office of the Mayor
Title
Providing for the submission to the electors of the City of Toledo at an advisory election on November 7, 2023, a non-binding question to gauge support for critical improvements to the Bayview Wastewater Treatment Plant system; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Bayview Wastewater Treatment Plant provides the critical municipal service of processing and treating sewage generated throughout the City of Toledo. The plant was built 100 years ago, and the last significant renovation occurred almost 40 years ago. Bayview needs to be modernized in order to develop a resilient system that provides redundancy so that we minimize pollution and become more efficient. Modernizing the system will allow the City to meet federal and state regulations, and to lower the significant expense of sending waste to landfills.
This modernization could require a significant taxpayer investment over the next 20 years. Given the consequential nature of the expense of bringing the wastewater treatment plant up to date, the Administration believes the electors of the City of Toledo should have the opportunity to make their voice heard on this important issue at a non-binding advisory election on November 7, 2023. The Ohio Supreme Court has ruled that home-rule municipalities such as Toledo are able to hold advisory elections absent a prohibition in a municipal charter. No such prohibition exists in the Charter of the City of Toledo.
Summary
NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:
SECTION 1. That the City of Toledo shall hold an advisory election on November 7, 2023, with the following non-binding ballot language:
“ADVISORY ELECTION
Shall the City of Toledo make a comprehensive effort to improve the 100-year-old Bayview Wastewater Treatment Plant in order to safeguard our community from sewage overflows and backups, reduce landfill waste, and protect Lake Erie?”
SECTION 2. The Clerk of Council is hereby ordered and directed to certify to the Board of Elections of Lucas County, Ohio, no later than 4 p.m. August 9, 2023, the enactment of this Ordinance for the submission of the aforesaid ballot question at an advisory election to be held at the time hereinabove mentioned. Furthermore, the Clerk is directed to request the Board of Elections to provide for the submission of the aforesaid ballot question at an advisory election to be held on November 7, 2023.
SECTION 3. It is hereby found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the Public, in compliance with all legal requirements for open meetings, including section 121.22, Ohio Revised Code.
SECTION 4. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that the Ordinance must be immediately effective in order to permit the afore-stated non-binding question to be submitted at the advisory election mentioned above; wherefore this Ordinance shall be in force and effect immediately upon its passage.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council