2009-12-09.txt

The City Record
Official Publication of the Council of the City of Cleveland

December the Ninth, Two Thousand and Nine

Frank G. Jackson

The City Record is available online at
www.clevelandcitycouncil.org

Mayor

Martin J. Sweeney
President of Council

Patricia J. Britt
City Clerk, Clerk of Council

Ward
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

Name
Terrell H. Pruitt
Nathaniel K. Wilkes
Zachary Reed
Kenneth L. Johnson
Phyllis E. Cleveland
Mamie J. Mitchell
TJ Dow
Shari L. Cloud
Kevin Conwell
Eugene R. Miller
Michael D. Polensek
Anthony Brancatelli
Joe Cimperman
Joseph Santiago
Brian J. Cummins
Kevin J. Kelley
Matthew Zone
Jay Westbrook
Dona Brady
Martin J. Sweeney
Martin J. Keane

Printed on Recycled Paper

Containing

PAGE

City Council
The Calendar
Board of Control
Civil Service
Board of Zoning Appeals
Board of Building Standards
and Building Appeals
Public Notice
Public Hearings
City of Cleveland Bids
Adopted Resolutions
and Ordinances
Committee Meetings
Index

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DIRECTORY OF CITY OFFICIALS
CITY COUNCIL – LEGISLATIVE
President of Council – Martin J. Sweeney
Ward
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

Name
Residence
Terrell H. Pruitt ..................................................3877 East 189th Street
44122
Nathaniel K. Wilkes ...........................................8410 Vineyard Avenue
44105
Zachary Reed .....................................................3734 East 149th Street
44120
Kenneth L. Johnson...............................................2948 Hampton Road
44120
Phyllis E. Cleveland .............................................2369 East 36th Street
44105
Mamie J. Mitchell.................................12701 Shaker Boulevard, #712
44120
TJ Dow..................................................................7715 Decker Avenue
44103
Shari L. Cloud ......................................................1152 East 98th Street
44108
Kevin Conwell ..................................................10647 Ashbury Avenue
44106
Eugene R. Miller ...................................................13615 Kelso Avenue
44110
Michael D. Polensek..............................................17855 Brian Avenue
44119
Anthony Brancatelli..................................................6924 Ottawa Road
44105
Joe Cimperman..............................................................P.O. Box 91688
44101
Joseph Santiago ...................................................3169 West 14th Street
44109
Brian J. Cummins ............................................3104 Mapledale Avenue
44109
Kevin J. Kelley..................................................5904 Parkridge Avenue
44144
Matthew Zone .....................................................1228 West 69th Street
44102
Jay Westbrook ...................................................1278 West 103rd Street
44102
Dona Brady ..........................................................1272 West Boulevard
44102
Martin J. Sweeney.............................................3632 West 133rd Street
44111
Martin J. Keane......................................................15907 Colletta Lane
44111
City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840
First Assistant Clerk — Sandra Franklin
MAYOR – Frank G. Jackson
Ken Silliman, Secretary to the Mayor, Chief of Staff
Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer
Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs
Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development
Monyka S. Price, Executive Assistant to the Mayor, Chief of Education
Maureen Harper, Executive Assistant to the Mayor, Chief of Communications
Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary
Andrew Watterson, Executive Assistant to the Mayor, Chief of Sustainability
Natoya J. Walker, Interim Director, Office of Equal Opportunity
DEPT. OF LAW – Robert J. Triozzi, Director, Richard F. Horvath, Chief Corporate Counsel,
Thomas J. Kaiser, Chief Trial Counsel, Barbara A. Langhenry, Chief Counsel, Rm. 106
Karen E. Martines, Law Librarian, Room 100
DEPT. OF FINANCE – Sharon Dumas, Director, Room 104;
Frank Badalamenti, Manager, Internal Audit
DIVISIONS: Accounts – Richard W. Sensenbrenner, Commissioner, Room 19
Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122
City Treasury – ________________, Treasurer, Room 115
Financial Reporting and Control – James Gentile, Controller, Room 18
Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair
Avenue
Purchases and Supplies – James E. Hardy, Commissioner, Room 128
Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue
Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue
DEPT. OF PUBLIC UTILITIES – Barry A. Withers, Interim Director, 1201 Lakeside Avenue
DIVISIONS – 1201 Lakeside Avenue
Cleveland Public Power – Ivan Henderson, Commissioner
Street Lighting Bureau – ______________, Acting Chief
Utilities Fiscal Control – Dennis Nichols, Commissioner
Water – John Christopher Nielson, Commissioner
Water Pollution Control – Ollie Shaw, Commissioner
DEPT. OF PORT CONTROL – Ricky D. Smith, Director
Cleveland Hopkins International Airport, 5300 Riverside Drive
Burke Lakefront Airport – Khalid Bahhur, Commissioner
Cleveland Hopkins International Airport – Fred Szabo, Commissioner
DEPT. OF PUBLIC SERVICE – Jomarie Wasik, Director, Room 113
DIVISIONS: Architecture – Kurt Wiebusch, Commissioner, Room 517
Engineering and Construction – _________, Commissioner, Room 518
Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards
Streets – Randell T. Scott, Commissioner, Room 25
Traffic Engineering – Robert Mavec, Commissioner, 4150 East 49th Street, Building #1
Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue
DEPT. OF PUBLIC HEALTH – Matt Carroll, Director, Mural Building, 75 Erieview Plaza
DIVISIONS: Air Quality – Richard L. Nemeth, Commissioner
Environment – Willie Bess, Commissioner, Mural Building, 75 Erieview Plaza
Health – Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza
DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230
DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street
Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd.
Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive
Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue
Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street
DEPT. OF PARKS, RECREATION & PROPERTIES – Michael Cox, Director
Cleveland Convention Center, Clubroom A, 1220 East 6th Street
DIVISIONS: Convention Center & Stadium – James Glending, Commissioner
Public Auditorium, East 6th Street and Lakeside Avenue
Parking Facilities – Leigh Stevens, Commissioner
Public Auditorium, East 6th Street and Lakeside Avenue
Park Maintenance and Properties – Richard L. Silva, Commissioner
Public Auditorium – East 6th Street and Lakeside Avenue
Property Management – Tom Nagle, Commissioner, East 49th Street & Harvard
Recreation – Kim Johnson, Commissioner, Room 8
Research, Planning & Development – Mark Fallon, Commissioner, 1501 N. Marginal Road
Burke Lakefront Airport

DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director, 3rd Floor, City Hall
DIVISIONS: Administrative Services – Terrence Ross, Commissioner
Neighborhood Services – Louise V. Jackson, Commissioner
Neighborhood Development – Joseph A. Sidoti, Commissioner
DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500
DIVISIONS: Code Enforcement – Tyrone L. Johnson, Commissioner
Construction Permitting – Timothy R. Wolosz, Commissioner
DEPT. OF PERSONNELAND HUMAN RESOURCES – Trudy Hutchinson, Director, Room 121
DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210
DEPT. OF AGING – Jane Fumich, Director, Room 122
DEPT. OF CONSUMER AFFAIRS – Omayra G. Feliciano, Acting Director
COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director; Mayor Frank G.
Jackson, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; Councilman
Kevin Conwell, Councilman Brian J. Cummins, Councilman Joe Santiago, Councilman
Matthew Zone, City Council Representatives; Charles L. Patton, Jr., Paula Castleberry,
Emmett Saunders, John Banno, Kathryn M. Hall, Evangeline Hardaway, Janet Jankura,
Gia Hoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J. Livingstone, Margot James
Copeland.
CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Rev. Earl
Preston, Vice President; Lucille Ambroz, Secretary; Members: Diane M. Downing,
Michael L. Nelson.
SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin
J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director.
BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; John
Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, _____________, Secretary.
BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F.
Denk, Chairman; ____________, Arthur Saunders, Alternate Members – D. Cox, P.
Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan.
BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President;
Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney.
BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director Robert
J. Triozzi; Councilman ______________.
BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities
Director _______________; Council President Martin J. Sweeney.
CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J.
Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean
Pinkney, Norman Krumholz, Council Member Joe Cimperman.
FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meyer, Chair; Angela
Caldwell, Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb, Council
Member ____________, Ed Romero.
FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L.
Render, Genesis O. Brown.
HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie
Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan,
David Perkowski, Joan Shaver Washington, Keith Sutton.
CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman;
Clint Martin, Mark Rivera.
MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; Finance
Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin
Kelley.
POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel
Whalen, Nancy Cronin, Elvin Vauss.
CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair; Laura
M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, Allan
Dreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert
Keiser, Secretary.
AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Downing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Robert J. Triozzi.
CLEVELAND MUNICIPAL COURT
JUSTICE CENTER – 1200 ONTARIO STREET
JUDGE COURTROOM ASSIGNMENTS
Judge
Courtroom
Presiding and Administrative Judge Ronald B. Adrine
15A
Judge Marilyn B. Cassidy
12B
Judge Emanuella Groves
13A
Judge Michelle D. Earley
12A
Judge Kathleen Ann Keough
14B
14C
Judge Anita Laster Mays
Judge Lauren C. Moore
14A
13D
Judge Charles L. Patton, Jr.
13B
Judge Raymond L. Pianka (Housing Court Judge)
Judge Michael John Ryan
12C
15C
Judge Angela R. Stokes
Judge Pauline H. Tarver
13C
Judge Joseph J. Zone
14D
Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Paul J.
Mizerak – Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief
Magistrate

The City Record
OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

WEDNESDAY, DECEMBER 9, 2009

Vol. 96

No. 5009

CITY COUNCIL
MONDAY, DECEMBER 7, 2009
The City Record
Published weekly by the City Clerk,
Clerk of Council under authority
of the Charter of the
City of Cleveland
The City Record is available
online at
www.clevelandcitycouncil.org
Address all communications to

PATRICIA J. BRITT
City Clerk, Clerk of Council
216 City Hall

PERMANENT SCHEDULE
STANDING COMMITTEES
OF THE COUNCIL
2006-2009
MONDAY — Alternating
9:30 A.M. — Public Parks, Properties and Recreation Committee:
Johnson, Chair; Wilkes, Vice Chair;
Brancatelli, Cummins, Kelley, Polensek, Pruitt.
9:30 A.M. — Health and Human
Services
Committee:
Cleveland,
Chair; Kelley, Vice Chair; Cimperman, Conwell, Mitchell, Reed, Santiago.
11:00 A.M. — Public Service Committee: Brady, Chair; Pruitt, Vice
Chair; Cleveland, Cummins, Johnson,
Polensek,
Reed,
Santiago,
Wilkes.
11:00 A.M. — Legislation Committee: Dow, Chair; Keane, Vice Chair;
Cleveland, Cloud, Johnson, Reed,
Wilkes.
MONDAY
2:00 P.M. — Finance Committee:
Sweeney, Chair; Cimperman, Vice
Chair; Brady, Brancatelli, Cleveland,
Conwell, Kelley, Miller, Mitchell,
Polensek, Westbrook.
TUESDAY
9:30 A.M. — Community and Economic Development Committee: Brancatelli, Chair; Dow, Vice Chair; Brady,
Cloud, Cummins, Miller, Pruitt, Westbrook, Zone.
1:30 P.M. — Employment, Affirmative Action and Training Committee:
Pruitt, Chair; Miller, Vice Chair; Conwell, Cummins, Dow, Johnson, Mitchell.
WEDNESDAY — Alternating
10:00 A.M. — Aviation and Transportation Committee: Kelley, Chair;
Keane, Vice Chair; Cleveland, Cloud,
Dow, Mitchell, Westbrook.
10:00 A.M. — Public Safety Committee: Conwell, Chair; Brady, Vice
Chair; Cummins, Miller, Mitchell,
Polensek, Pruitt, Santiago, Zone.

WEDNESDAY — Alternating
1:30 P.M. — Public Utilities Committee: Zone, Chair; Reed, Vice Chair;
Cummins, Keane, Kelley, Polensek,
Santiago, Westbrook, Wilkes.
1:30 P.M. — City Planning Committee: Cimperman, Chair, Westbrook, Vice Chair, Conwell, Dow,
Keane, Reed, Zone.
The following Committees are
subject to the Call of the Chair:
Rules Committee: Sweeney, Chair;
Cleveland, Kelley, Keane, Polensek.
Personnel and Operations Committee: Westbrook, Chair; Cloud,
Kelley, Mitchell, Santiago, Sweeney, Wilkes.
Mayor’s Appointment Committee:
Cleveland,
Chair;
Kelley,
Miller,
Sweeney, Westbrook.

OFFICIAL PROCEEDINGS
CITY COUNCIL
______________
Cleveland, Ohio
Monday, December 7, 2009
The meeting of the Council was
called to order, The President Martin J. Sweeney, in the Chair.
Council Members present: Brady,
Brancatelli, Cimperman, Cleveland,
Cloud, Conwell, Cummins, Dow, Johnson, Keane, Kelley, Miller, Mitchell,
Polensek, Pruitt, Reed, Santiago, Sweeney, Westbrook, Wilkes and Zone.
Also present were Mayor Frank G.
Jackson; Ken Silliman, Chief of
Staff; Darnell Brown Chief Operating Officer; Valarie J. McCall, Chief
of Government Affairs; Chris Warren, Chief of Regional Development;
Monyka S. Price, Chief of Education;
Maureen Harper, Chief of Communications; Andrea V. Taylor, Press Secretary; Andrew Watterson, Chief of
Sustainability; and Directors Triozzi, Dumas, Smith, Wasik, Carroll,
Flask, Cox, Rush, Rybka, Nichols,
Fumich, Griffen, Brown; Interim
Directors Withers and Walker; Acting Director Feliciano and Theresa
Stevenson, Legislative Affairs.

FROM DEPARTMENT OF
LIQUOR CONTROL
File No. 1801-09.
Re: #89166090005 — C2, C2X Stock
Transfer Application — 3344 East
116th, Inc., d.b.a. Kinsman Supermarket, 3344 East 116th Street.
(Ward 4). Received.
File No. 1802-09.
Re: #28672160075 — C1, C2 Transfer of Ownership Application —
Franchise
USA
LLC,
d.b.a.
AM
PM2413, 1035 East 185th Street.
(Ward 11). Received.
File No. 1803-09.
Re: #9426903 — D1, D2, D3, D3A
Stock Transfer Application — Waterloo, Inc., 19600 S. Waterloo Road
W/side. (Ward 11). Received.
File No. 1804-09.
Re: 8871328 — D1, D2, D3, D3A
Transfer of Ownership Application
— Thirsty Lion, Inc., d.b.a. Thirsty
Lion, 12703-05 Lorain Avenue 1st
floor and basement. (Ward 17). Received.
File No. 1805-09.
Re: #9871428 — C2, C2X Transfer
of Ownership and Location Application — ZKS, Inc., d.b.a. Express Gas,
3934 West 117th Street. (Ward 1).
Received.
File No. 1806-09.
Re: #55184350231 — C2, Transfer
of Ownership and Location Application — Marc Glassman, Inc.,
d.b.a. Marcs Kamms Corners, 17400
Lorain Avenue. (Ward 19). Received.
STATEMENT OF FINAL
ACCEPTANCE
File No. 1807-09.
From Interim Director of Public
Utilities — Contract No. 66759, with
The Great Lakes Construction Company, for Morgan East Reservoir
Improvement for the Division of
Water. Received.
CONDOLENCE RESOLUTIONS

Council, Administration and those
in the audience rose for a moment
of silent prayer and meditation.
Pledge of Allegiance.
MOTION
On the motion of Council Member
Santiago, the reading of the minutes of the last meeting was dispensed with and the journal approved. Seconded by Council Member Cloud.

2239

The rules were suspended and the
following Resolutions were adopted
by a rising vote:
Res. No. 1808-09—Anthony F. Mangano.
Res. No. 1809-09 — William E.
Reynolds, Sr.
Res. No. 1810-09 — Ronald Cole,
Sr.
Res. No. 1811-09 — Angela Renee
Collins.

The City Record

4
CONGRATULATION RESOLUTIONS
The rules were suspended and the
following Resolution was adopted
without objection:
Res. No. 1812-09—Glenville Tarblooders Football Team.
Res. No. 1813-09—Karen E. Martines.
Res. No. 1814-09—Karen E. Martines — “I Love My Librarian!” 2009
Award.
Res. No. 1815-09 — Phillip Gordon
Hearne.
RECOGNITION RESOLUTION
The rules were suspended and the
following Resolution was adopted
without objection:
Res. No. 1816-09—Lynne Bowman.
FIRST READING EMERGENCY
ORDINANCES REFERRED
Ord. No. 1784-09.
By Council Members Kelley, Cimperman and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Port Control to
enter into one or more Leases By
Way of Concession for the use of certain City-owned property known as
Ninth Street Lots Nos. 9 and 10 for the
use, privilege, permit, and license to
operate special event parking and to
collect fees in connection with special
event parking, for a term of two
years, with two one-year options to
renew, the first of which is exercisable through additional legislative
authority.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That, notwithstanding
Section 183.03 or any other provision
of the Codified Ordinances of Cleveland, Ohio, 1976, to the contrary, the
Director of Port Control is authorized
to enter one or more Leases By Way
of Concession on the basis of competitive proposals for the use, privilege, permit, and license to operate
special event parking and to collect
fees in connection with special event
parking at certain City-owned property known as Ninth Street Lots Nos.
9 and 10. The Leases by Way of Concession shall be with the highest and
best
bidder
as
determined
and
approved by the Board of Control
after competitive bidding and advertising as provided by Section 108 of
the Charter of the City of Cleveland.
The Leases By Way of Concession
shall not exceed a term of two years,
with two one year options to renew.
The first of the one-year options to
renew may not be exercised without
additional legislative authority. If
such additional legislative authority
is granted and the first of the oneyear options to renew is exercised,
then the second of the one-year
options to renew may be exercisable
at the option of the Director of Port
Control, without the necessity of
obtaining additional authority of this
Council.
Section 2. That the Lease or Leases
by Way of Concession shall include

provisions stating that the Lessee or
Lessees shall pay the City one hundred percent of the parking revenues in excess of Three Hundred
Seventy Dollars ($370.00) per special
event, plus any applicable sales and
parking tax due any taxing authorities in connection with such parking revenues. The Lease or Leases
by Way of Concession shall not be
construed as the conveyance of any
right, title or interest in public property but merely as the granting of
the privilege to use the property for
the purposes described in the Lease
or Leases by Way of Concession.
Section 3. That the Lease or Leases By Way of Concession shall be
prepared by the Director of Law.
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Referred to Directors of Port Control,
City
Planning
Commission,
Finance, Law; Committees on Aviation and Transportation, City Planning, Finance.
Ord. No. 1785-09.
By Council Members Kelley, Cimperman and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Port Control to
enter into a Lease Agreement with
the United States of America, acting
by and through the U.S. Coast Guard
for the lease of certain City-owned
property known as Ninth Street Lot
Nos. 9 and 10 to be used for government purposes, including parking, for
the Department of Port Control, for a
period of one year with three one-year
options to renew, the second of which
is exercisable through additional legislative authority.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Port Control is authorized to enter
into a Lease Agreement (“Lease”)
with the United States of America,
acting by and through the U.S. Coast
Guard (“Lessee”) for certain Cityowned property known as Ninth
Street Lot Nos. 9 and 10 to be used
for government purposes, including
parking (“Leased Premises”), excluding special events. The term of
the Lease shall be for a one year
period, commencing October 1, 2009,
with three one-year options to renew. The first of the one-year options to renew may be exercised by
the Director of Port Control, without
the necessity of obtaining additional authority of this Council. The second of the one-year options to renew
may not be exercised without additional legislative authority. If such
additional legislative authority is
granted and the second of the oneyear options to renew is exercised,
then the third of the one-year options to renew may be exercisable

2240

December 9, 2009
at the option of the Director of Port
Control, without the necessity of
obtaining additional authority of
this Council. For use of the Leased
Premises, Lessee shall pay the City
an annual rate of $30,600, which
may be paid quarterly.
Section 2. That the Lease authorized shall be prepared by the Director of Law.
Section 3. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Referred to Directors of Port Control,
City
Planning
Commission,
Finance, Law; Committees on Aviation and Transportation, City Planning, Finance.
FIRST READING EMERGENCY
ORDINANCES READ IN FULL
AND PASSED
Ord. No. 1786-09.
By Council Members Brady and
Sweeney (by departmental request).
An emergency ordinance to amend
Section 1 of Ordinance No. 319-09,
passed March 16, 2009, as amended by
Ordinance No. 1159-09, passed August
5, 2009, relating to applying to the
Northeast Ohio Areawide Coordinating Agency for various infrastructure
projects to include the Lorain Avenue
resurfacing project.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That Section 1 of Ordinance No. 319-09, passed March 16,
2009, as amended by Ordinance No.
1159-09, passed August 5, 2009, is
amended to read as follows:
Section 1. That the Director of
Public Service is authorized to apply
to NOACA to pursue federal ARRA
economic assistance, on behalf of
the City of Cleveland, for the following projects in the following
approximate amounts:
1. The Rehabilitation of Willow Lift
Bridge over Cuyahoga River, in the
approximate amount of $2,500,000;
2. The Avenue District, Ph IV: Rehabilitation of E. 12th St. from Superior Ave. to Chester Ave., in the
approximate amount of $800,000;
3. The Rehabilitation of Center
Street Lift Bridge over Cuyahoga
River, in the approximate amount of
$2,500,000;
4. The Kamms Streetscape Improvement, Ph III: Lorain Ave. from West
corporation line to W. 150th Project, in
the approximate amount of $2,200,000;
5. The Rehabilitation of Carter Lift
Bridge over Cuyahoga River, in the
approximate amount of $2,500,000;
6. The Rehabilitation and Replacement of Concrete Retaining Walls at
Norfolk and Southern Railroad Bridge
over Madison Avenue and CSX Railroad Bridge over Nottingham Road, in
the approximate amount of $5,000,000;
7. The East 14th Street Streetscape
Improvement from Prospect Avenue

December 9, 2009
to Euclid Avenue, in the approximate amount of $2,800,000; and
8. The Lorain Avenue Resurfacing
Project from West 150th Street to
the west corporation line, in the
approximate amount of $960,000.
That the Director of Public Service has already received legislative
authority to apply to NOACA to pursue federal economic assistance,
which now will include federal
ARRA funds, for the following projects in the following approximate
amounts:
9. The Reconstruction of the “W 77th
Street Bridge Project over Norfolk
and Southern Railroad and GCRTA”,
in
the
approximate
amount
of
$884,000, as authorized by Ordinance
No. 649-87, passed March 30, 1987.
10. The Reconstruction of the
“Aetna Road Bridge over CSX Railroad”, in the approximate amount of
$592,230, as authorized by Ordinance
No. 743-08 passed June 9, 2008.
Section 2. That existing Section 1
of Ordinance No. 319-09, passed
March 16, 2009, as amended by Ordinance No. 1159-09, passed August 5,
2009, is repealed.
Section 3. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1787-09.
By Council Member Kelley.
An emergency ordinance authorizing the Director of Parks, Recreation
and Properties to enter into a Lease
Agreement
with
Memphis
Fulton
Associates Limited Partnership for
the use of City-owned property located at the southwest corner of Fulton
Road in Estabrook Park, for a period of twenty years, with one-year
options to renew, exercisable by the
Director of Parks, Recreation and
Properties.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Parks, Recreation and Properties is
authorized to enter into a Lease
Agreement (“Lease”) with Memphis
Fulton Associates Limited Partnership (“Lessee”) for the use of Cityowned property, which is not needed for public use, located at the
southwest corner of Fulton Road in
Estabrook Park and depicted on the
map placed in File No. 1787-09-A,
(“Leased Premises”) to provide additional parking for a grocery store.
The term of the Lease shall be for
twenty years, with one-year options
to renew, exercisable by the Director of Parks, Recreation and Properties.

The City Record
Section 2. That the property authorized by this ordinance shall be
leased at fair market value as determined by the Board of Control,
exclusive or utilities.
Section 3. That the Lease may
authorize the Lessee to make improvements to the leased premises
subject to the approval of appropriate City agencies and officials, and
that Lessee be required to return the
Leased Premises back to its original
state at their cost at the end of the
Lease. Lessee will be required to
pay all fees and taxes that will be
part of the operations of the parking system.
Section 4. That the Lease shall be
prepared by the Director of Law.
Section 5. That the Director of
Parks, Recreation and Properties,
the Director of Law, and other
appropriate City officials are authorized to execute any other documents and certificates, and take any
other actions which may be necessary or appropriate to effect the
lease authorized by this ordinance.
Section 6. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1788-09.
By Council Member Cummins.
An emergency ordinance authorizing the sale of real property as part
of the Land Reutilization Program
and located at 4297 State Road to
Christopher S. Yarina and Shane M.
Yarina.
Whereas, the City of Cleveland
has elected to adopt and implement
the procedures under Chapter 5722
of the Ohio Revised Code to facilitate reutilization of nonproductive
lands situated within the City of
Cleveland; and
Whereas, real property acquired
under the City’s Land Reutilization
Program is acquired, held, administered and disposed by the City of
Cleveland through its Department of
Community Development under the
terms of Chapter 5722 of the Ohio
Revised Code and Section 183.021 of
Codified Ordinances of the City of
Cleveland, 1976; and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That under Section
183.021 of the Codified Ordinances of
Cleveland, Ohio 1976, the Commissioner of Purchases and Supplies is
authorized to sell the real property,
more
fully
described
below,
to
Christopher S. Yarina and Shane M.
Yarina.
Section 2. That the real property
to be sold pursuant to this ordinance
is more fully described as follows:

2241

5
P. P. No. 014-20-013
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio and known as being Sublot No.
61 in F.W. Sears Subdivision of part
of Original Brooklyn Township Lot
No. 63 as shown by the recorded plat
in Volume 16 of Maps, Page 21 of
Cuyahoga County Records, and being 44 feet front on the Easterly
side of West 35th Street (formerly
State Road) and extending back of
equal width 120 feet, as appears by
said plat, be the same.
Section 3. That all documents necessary to complete the conveyance
authorized by this ordinance shall
be executed within six (6) months
of the effective date of this ordinance. If all of the documents are
not executed within six (6) months
of the effective date of this ordinance, or such additional time as
may be granted by the Director of
Community Development, this ordinance shall be repealed and shall be
of no further force or effect.
Section 4. That the consideration
for the subject parcel shall be established by the Board of Control and
shall be not less than Fair Market
Value taking into account such
terms and conditions, restrictions
and covenants as are deemed necessary or appropriate.
Section 5. That the conveyance
authorized hereby shall be made by
official deed prepared by the Director of Law and executed by the
Mayor on behalf of the City of
Cleveland. The deed shall contain
such provisions as may be necessary
to protect and benefit the public
interest including such restrictive
covenants and reversionary interests as may be specified by the
Board of Control, the Director of
Community Development or the Director of Law.
Section 6. That this ordinance is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.

Ord. No. 1796-09.
By Council Member Cloud.
An emergency ordinance authorizing the Director of the Department of
Community Development to enter into
an agreement with Sankofa Fine Art
Plus for a Community Arts Education
Program through the use of Ward 8
Neighborhood Equity Funds.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of the
Department of Community Development is authorized to enter into an
agreement Sankofa Fine Art Plus
for the Community Arts Education
Program for the public purpose of

6
providing arts education to city of
Cleveland youth through the use of
Ward 8 Neighborhood Equity Funds.
Section 2. That the cost of said
contract shall be in an amount not
to exceed $10,000 and shall be paid
from Fund No. 10 SF 166.
Section 3. That the Director of
Law shall prepare and approve said
contract and that the contract shall
contain such terms and provisions
as he deems necessary to protect the
City’s interest.
Section 4. That this ordinance is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1797-09.
By Council Member Cummins.
An emergency ordinance authorizing the purchase by one or more
contracts of labor and materials
needed to plant tree lawn trees for
the Division of Urban Forestry,
Department of Parks, Recreation
and Properties.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Parks, Recreation and Properties is
authorized to make one or more
written contracts under the Charter
and the Codified Ordinances of
Cleveland, Ohio 1976, for each or all
of the following items: labor and
materials needed to plant tree lawn
trees, and such items to be purchased by the Commissioner of Purchases and Supplies on a unit basis,
for the Division of Urban Forestry,
Department of Parks, Recreation
and Properties.
Section 2. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative arrangements
with
other
governmental
agencies. The Director of Parks,
Recreation and Properties may sign
all documents that are necessary to
make the purchases, and may enter
into one or more contracts with the
vendors selected through that cooperative process.
Section 3. That the cost of said
contract shall be in an amount not
to exceed $15,000 and shall be paid
from the Ward 15 Neighborhood Capital Fund and shall be paid from
Fund No. 10 SF 177.
Section 4. That this ordinance is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.

The City Record
Motion to suspend rules, Charter,
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1798-09.
By Council Member Pruitt.
An emergency ordinance authorizing the Director of the Department
of Community Development to enter
into agreement with the Just Like
US Enrichment Center for the Community Re-entry Network Program
through the use of Ward 1 Neighborhood Equity Funds.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of the
Department of Community Development is authorized to enter into an
agreement with the Just Like US
Enrichment Center for the Community Re-entry Network Program for
the public purpose of providing and
assisting formerly incarcerated persons and their families that reside
in the city of Cleveland with social
support services through the use of
Ward 1 Neighborhood Equity Funds.
Section 2. That the cost of said
contract shall be in an amount not
to exceed $10,000 and shall be paid
from Fund No. 10 SF 166.
Section 3. That the Director of
Law shall prepare and approve said
contract and that the contract shall
contain such terms and provisions
as he deems necessary to protect the
City’s interest.
Section 4. That this ordinance is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1799-09.
By Council Member Cimperman.
An emergency ordinance authorizing the Director of the Department
of Community Development to enter
into an agreement with the Ohio
City Near West Development Corporation for the Community Social Support Program through the use of
Ward 13 Neighborhood Capital Funds.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of the
Department of Community Development be authorized to enter into an
agreement with Ohio City Near West
Development Corporation for the
Community Social Support Program
for the public purpose of providing
social support and outreach services
to residents of the city of Cleveland

2242

December 9, 2009
through the use of Ward 13 Neighborhood Capital Funds.
Section 2. That the cost of said
contract shall be in an amount not
to exceed $31,020 and shall be paid
from Fund No. 10 SF 177.
Section 3. That the Director of
Law shall prepare and approve said
contract and that the contract shall
contain such terms and provisions
as he deems necessary to protect the
City’s interest.
Section 4. That this ordinance is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1800-09.
By Council Member Conwell.
An emergency ordinance authorizing and directing the Director of
Public Service to issue a permit to
Glenville High School to stretch a
banner at 1111 St. Clair Avenue, for
the period from December 1, 2009 to
January 1, 2010, inclusive, honoring
Glenville High School Tarblooders.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That notwithstanding
the provision of Section 623.13 of the
Codified Ordinances, of Cleveland,
Ohio, 1976, the Director of the Department of Public Service is hereby authorized and directed to issue
a permit to Glenville High School to
install, maintain and remove a banner at 1111 St. Clair Avenue, for the
period from December 1, 2009 to January 1, 2010, inclusive. Said banner
shall be approved by the Director of
Public Service, in consultation with
the Director of Public Safety, as to
type, method of affixing and location so as not to interfere with any
sign erected and maintained under
the requirements of law or ordinance. The permission of the owner
of any pole from which a banner
will be hung must be obtained prior
to issuance of the permit. No commercial advertising shall be printed
or permitted on said banner and said
banner shall be removed promptly
upon the expiration of said permit.
Section 2. That this ordinance is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.

December 9, 2009
FIRST READING EMERGENCY
RESOLUTIONS READ IN FULL
AND ADOPTED
Res. No. 1789-09.
By Council Member Cimperman.
An emergency resolution objecting to the transfer of ownership of
a D1, D2, D3, D3A and D6 Liquor
Permit to 2800 Clinton Avenue.
Whereas, Council has been notified by the Department of Liquor
Control of an application for the
transfer of ownership of a D1, D2,
D3, D3A and D6 Liquor Permit from
Rock Salt, Inc., DBA Halite, 2800
Clinton Avenue, Cleveland, Ohio
44113, Permanent Number 7457784 to
Jazz 28 LLC, 2800 Clinton Avenue,
Cleveland, Ohio 44113, Permanent
Number 4260830; and
Whereas, the granting of this application for a liquor permit to this
high crime area, which is already
saturated with other liquor outlets,
is contrary to the best interests of
the entire community; and
Whereas, the applicant does not
qualify to be a permit holder and/or
has demonstrated that he has operated his liquor business in disregard
of the laws, regulations or local
ordinances of this state or any other
state; and
Whereas, the place for which the
permit is sought has not conformed
to the building, safety or health
requirements of the governing body
of this County or City; and
Whereas, the place for which the
permit is sought is so arranged or
constructed that law enforcement
officers or agents of the Department
of Liquor Control are prevented reasonable access to the establishment;
and
Whereas, the place for which the
permit is sought is so located with
respect to the neighborhood that it
substantially interferes with public
decency, sobriety, peace or good
order; and
Whereas, this objection is based
on other legal grounds as set forth
in Revised Code Section 4303.292;
and
Whereas, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to
Section 4303.26 of the Ohio Revised
Code. Council’s objection to said
permit must be received by the
Director of Liquor Control within
30 days of notification; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That Council does hereby record its objection to the transfer of ownership of a D1, D2, D3,
D3A and D6 Liquor Permit from
Rock Salt, Inc., DBA Halite, 2800
Clinton Avenue, Cleveland, Ohio
44113, Permanent Number 7457784 to
Jazz 28 LLC, 2800 Clinton Avenue,
Cleveland, Ohio 44113, Permanent
Number 4260830; and requests the
Director of Liquor Control to set a
hearing for said application in accordance with provisions of Section
4303.26 of the Revised Code of Ohio.
Section 2. That the Clerk of Council be and she is hereby directed to
transmit two certified copies of this
resolution, together with two copies
of a letter of objection and two

The City Record
copies of a letter requesting that the
hearing be held in Cleveland, Cuyahoga County.
Section 3. That this resolution is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final adoption.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 21.
Nays 0.
Res. No. 1790-09.
By Council Member Cimperman.
An emergency resolution objecting to a New D4 and D6 Liquor Permit at 3421 Independence Road.
Whereas, Council has been notified by the Department of Liquor
Control of an application for a New
D4 and D6 Liquor Permit at United
Steel Workers, Local #979, DBA
Dave McCall Hall, 3421 Independence Road, Cleveland, Ohio 44105,
Permanent Number 9162945; and
Whereas, the granting of this application for a liquor permit to this
high crime area, which is already
saturated with other liquor outlets,
is contrary to the best interests of
the entire community; and
Whereas, the applicant does not
qualify to be a permit holder and/or
has demonstrated that he has operated his liquor business in disregard
of the laws, regulations or local
ordinances of this state or any other
state; and
Whereas, the place for which the
permit is sought has not conformed
to the building, safety or health
requirements of the governing body
of this County or City; and
Whereas, the place for which the
permit is sought is so arranged or
constructed that law enforcement
officers or agents of the Department
of Liquor Control are prevented reasonable access to the establishment;
and
Whereas, the place for which the
permit is sought is so located with
respect to the neighborhood that it
substantially interferes with public
decency, sobriety, peace or good
order; and
Whereas, this objection is based
on other legal grounds as set forth
in Revised Code Section 4303.292;
and
Whereas, this resolution constitutes an emergency measure providing for the immediate preservation
of the public peace, prosperity, safety and welfare pursuant to Section
4303.26 of the Ohio Revised Code.
Council’s objection to said permit
must be received by the Director of
Liquor Control within 30 days of
notification; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That Council does hereby record its objection to a New D4
and D6 Liquor Permit at United
Steel Workers, Local #979, DBA
Dave McCall Hall, 3421 Independence Road, Cleveland, Ohio 44105,

2243

7
Permanent Number 9162945; and requests the Director of Liquor Control to set a hearing for said application in accordance with provisions
of Section 4303.26 of the Revised
Code of Ohio.
Section 2. That the Clerk of Council be and she is hereby directed to
transmit two certified copies of this
resolution, together with two copies
of a letter of objection and two
copies of a letter requesting that the
hearing be held in Cleveland, Cuyahoga County.
Section 3. That this resolution is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final adoption.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 21.
Nays 0.
Res. No. 1791-09.
By Council Member Cimperman.
An emergency resolution objecting to the transfer of ownership of
a D2, D2X and D3 Liquor Permit to
2505 Professor Street, 1st floor and
basement.
Whereas, Council has been notified by the Department of Liquor
Control of an application for the
transfer of ownership of a D2, D2X
and D3 Liquor Permit from Anne &
Gwyn Galan, DBA Hotzs Valleyview
Café, 2505 Professor Street, 1st floor
and basement, Cleveland, Ohio 44113,
Permanent Number 3004249 to Odea,
Ltd., DBA Café Istanbul Cleveland,
2505 Professor Street, 1st floor and
basement, Cleveland, Ohio 44113,
Permanent Number 6508251; and
Whereas, the granting of this application for a liquor permit to this
high crime area, which is already
saturated with other liquor outlets,
is contrary to the best interests of
the entire community; and
Whereas, the applicant does not
qualify to be a permit holder and/or
has demonstrated that he has operated his liquor business in disregard
of the laws, regulations or local
ordinances of this state or any other
state; and
Whereas, the place for which the
permit is sought has not conformed
to the building, safety or health
requirements of the governing body
of this County or City; and
Whereas, the place for which the
permit is sought is so arranged or
constructed that law enforcement
officers or agents of the Department
of Liquor Control are prevented reasonable access to the establishment;
and
Whereas, the place for which the
permit is sought is so located with
respect to the neighborhood that it
substantially interferes with public
decency, sobriety, peace or good
order; and
Whereas, this objection is based
on other legal grounds as set forth
in Revised Code Section 4303.292;
and

8
Whereas, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to
Section 4303.26 of the Ohio Revised
Code. Council’s objection to said
permit must be received by the
Director of Liquor Control within
30 days of notification; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That Council does hereby record its objection to the transfer of ownership of a D2, D2X and
D3 Liquor Permit from Anne &
Gwyn Galan, DBA Hotzs Valleyview
Café, 2505 Professor Street, 1st floor
and basement, Cleveland, Ohio 44113,
Permanent Number 3004249 to Odea,
Ltd., DBA Café Istanbul Cleveland,
2505 Professor Street, 1st floor and
basement, Cleveland, Ohio 44113,
Permanent Number 6508251; and requests the Director of Liquor Control to set a hearing for said application in accordance with provisions
of Section 4303.26 of the Revised
Code of Ohio.
Section 2. That the Clerk of Council be and she is hereby directed to
transmit two certified copies of this
resolution, together with two copies
of a letter of objection and two
copies of a letter requesting that the
hearing be held in Cleveland, Cuyahoga County.
Section 3. That this resolution is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final adoption.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 21.
Nays 0.
Res. No. 1792-09.
By Council Member Cimperman.
An emergency resolution objecting to the transfer of Liquor License
of a C2 Liquor Permit to 751 Starkweather Avenue, Suite 4.
Whereas, Council has been notified by the Department of Liquor
Control of an application for a transfer of Liquor License of a C2 Liquor
Permit from Tamara Tait, DBA R &
T Resale and Variety, 15638 Holmes
Avenue, 1st floor, Cleveland, Ohio
44110, Permanent Number 8780685 to
Wine & Design, LLC, 751 Starkweather Avenue, Suite 4, Cleveland,
Ohio
44113,
Permanent
Number
9690843; and
Whereas, the granting of this application for a liquor permit to this
high crime area, which is already
saturated with other liquor outlets,
is contrary to the best interests of
the entire community; and
Whereas, the applicant does not
qualify to be a permit holder and/or
has demonstrated that he has operated his liquor business in disregard
of the laws, regulations or local
ordinances of this state or any other
state; and

The City Record
Whereas, the place for which the
permit is sought has not conformed
to the building, safety or health
requirements of the governing body
of this County or City; and
Whereas, the place for which the
permit is sought is so arranged or
constructed that law enforcement
officers or agents of the Department
of Liquor Control are prevented reasonable access to the establishment;
and
Whereas, the place for which the
permit is sought is so located with
respect to the neighborhood that it
substantially interferes with public
decency, sobriety, peace or good
order; and
Whereas, this objection is based
on other legal grounds as set forth
in Revised Code Section 4303.292;
and
Whereas, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to
Section 4303.26 of the Ohio Revised
Code. Council’s objection to said
permit must be received by the
Director of Liquor Control within
30 days of notification; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That Council does hereby record its objection to a transfer
of Liquor License of a C2 Liquor
Permit from Tamara Tait, DBA R &
T Resale and Variety, 15638 Holmes
Avenue, 1st floor, Cleveland, Ohio
44110, Permanent Number 8780685 to
Wine & Design, LLC, 751 Starkweather Avenue, Suite 4, Cleveland,
Ohio
44113,
Permanent
Number
9690843, and requests the Director of
Liquor Control to set a hearing for
said application in accordance with
provisions of Section 4303.26 of the
Revised Code of Ohio.
Section 2. That the Clerk of Council be and she is hereby directed to
transmit two certified copies of this
resolution, together with two copies
of a letter of objection and two
copies of a letter requesting that the
hearing be held in Cleveland, Cuyahoga County.
Section 3. That this resolution is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final adoption.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 21.
Nays 0.
Res. No. 1793-09.
By Council Member Cimperman.
An emergency resolution objecting to the transfer of stock of a D5
and D6 Liquor Permit to 1303 West
6th Street, 1st floor, basement and
patio.
Whereas, Council has been notified by the Department of Liquor
Control of an application for a transfer of stock of a D5 and D6 Liquor

2244

December 9, 2009
Permit at Rutulian, LLC, 1303 West
6th Street, 1st floor, basement and
patio, Cleveland, Ohio 44113, Permanent Number 7634550; and
Whereas, the granting of this application for a liquor permit to this
high crime area, which is already
saturated with other liquor outlets,
is contrary to the best interests of
the entire community; and
Whereas, the applicant does not
qualify to be a permit holder and/or
has demonstrated that he has operated his liquor business in disregard
of the laws, regulations or local
ordinances of this state or any other
state; and
Whereas, the place for which the
permit is sought has not conformed
to the building, safety or health
requirements of the governing body
of this County or City; and
Whereas, the place for which the
permit is sought is so arranged or
constructed that law enforcement
officers or agents of the Department
of Liquor Control are prevented reasonable access to the establishment;
and
Whereas, the place for which the
permit is sought is so located with
respect to the neighborhood that it
substantially interferes with public
decency, sobriety, peace or good
order; and
Whereas, this objection is based
on other legal grounds as set forth
in Revised Code Section 4303.292;
and
Whereas, this resolution constitutes an emergency measure providing for the immediate preservation
of the public peace, prosperity, safety and welfare pursuant to Section
4303.26 of the Ohio Revised Code.
Council’s objection to said permit
must be received by the Director of
Liquor Control within 30 days of
notification; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That Council does hereby record its objection to a transfer
of stock of a D5 and D6 Liquor Permit at Rutulian, LLC, 1303 West 6th
Street, 1st floor, basement and patio,
Cleveland, Ohio 44113, Permanent
Number 7634550, and requests the
Director of Liquor Control to set a
hearing for said application in accordance with provisions of Section
4303.26 of the Revised Code of Ohio.
Section 2. That the Clerk of Council be and she is hereby directed to
transmit two certified copies of this
resolution, together with two copies
of a letter of objection and two
copies of a letter requesting that the
hearing be held in Cleveland, Cuyahoga County.
Section 3. That this resolution is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final adoption.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 21.
Nays 0.

December 9, 2009
Res. No. 1794-09.
By Council Member Cimperman.
An emergency resolution objecting to the transfer of ownership of
a D5 Liquor Permit to 806 Literary
Avenue, 1st floor.
Whereas, Council has been notified by the Department of Liquor
Control of an application for the
transfer of ownership of a D5 Liquor
Permit from B I M G, Inc., DBA
Library, 806 Literary Avenue, 1st
floor, basement and patio, Cleveland, Ohio 44113, Permanent Number
0348514 to Grape Devine, Inc., 806
Literary Avenue, 1st floor, basement
and patio, Cleveland, Ohio 44113,
Permanent Number 33293330005; and
Whereas, the granting of this application for a liquor permit to this
high crime area, which is already
saturated with other liquor outlets,
is contrary to the best interests of
the entire community; and
Whereas, the applicant does not
qualify to be a permit holder and/or
has demonstrated that he has operated his liquor business in disregard
of the laws, regulations or local
ordinances of this state or any other
state; and
Whereas, the place for which the
permit is sought has not conformed
to the building, safety or health
requirements of the governing body
of this County or City; and
Whereas, the place for which the
permit is sought is so arranged or
constructed that law enforcement
officers or agents of the Department
of Liquor Control are prevented reasonable access to the establishment;
and
Whereas, the place for which the
permit is sought is so located with
respect to the neighborhood that it
substantially interferes with public
decency, sobriety, peace or good
order; and
Whereas, this objection is based
on other legal grounds as set forth
in Revised Code Section 4303.292;
and
Whereas, this resolution constitutes an emergency measure providing for the immediate preservation
of the public peace, prosperity, safety and welfare pursuant to Section
4303.26 of the Ohio Revised Code.
Council’s objection to said permit
must be received by the Director of
Liquor Control within 30 days of
notification; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That Council does hereby record its objection to the transfer of ownership of a D5 Liquor Permit from B I M G, Inc., DBA Library,
806 Literary Avenue, 1st floor, basement and patio, Cleveland, Ohio
44113, Permanent Number 0348514 to
Grape Devine, Inc., 806 Literary Avenue, 1st floor, basement and patio,
Cleveland, Ohio 44113, Permanent
Number 33293330005; and requests
the Director of Liquor Control to set
a hearing for said application in accordance with provisions of Section
4303.26 of the Revised Code of Ohio.
Section 2. That the Clerk of Council be and she is hereby directed to
transmit two certified copies of this
resolution, together with two copies
of a letter of objection and two
copies of a letter requesting that the
hearing be held in Cleveland, Cuyahoga County.

The City Record
Section 3. That this resolution is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final adoption.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 21.
Nays 0.
Res. No. 1795-09.
By Council Member Cleveland.
An emergency resolution objecting to the transfer of Liquor License
of a C2 and C2X Liquor Permit to
6002 Woodland Avenue.
Whereas, Council has been notified by the Department of Liquor
Control of an application for a transfer of Liquor License of a C2 and
C2X Liquor Permit from Curtis
Hunt, DBA Right On Time Food &
Beverage, 3609 Community College
Avenue, Cleveland, Ohio 44115, Permanent Number 40739630001 to Curtis Hunt, DBA Right On Time Food
& Beverage, 6002 Woodland Avenue,
Cleveland, Ohio 44104, Permanent
Number 40739630002; and
Whereas, the granting of this application for a liquor permit to this
high crime area, which is already
saturated with other liquor outlets,
is contrary to the best interests of
the entire community; and
Whereas, the applicant does not
qualify to be a permit holder and/or
has demonstrated that he has operated his liquor business in disregard
of the laws, regulations or local
ordinances of this state or any other
state; and
Whereas, the place for which the
permit is sought has not conformed
to the building, safety or health
requirements of the governing body
of this County or City; and
Whereas, the place for which the
permit is sought is so arranged or
constructed that law enforcement
officers or agents of the Department
of Liquor Control are prevented reasonable access to the establishment;
and
Whereas, the place for which the
permit is sought is so located with
respect to the neighborhood that it
substantially interferes with public
decency, sobriety, peace or good
order; and
Whereas, this objection is based
on other legal grounds as set forth
in Revised Code Section 4303.292;
and
Whereas, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to
Section 4303.26 of the Ohio Revised
Code. Council’s objection to said
permit must be received by the
Director of Liquor Control within
30 days of notification; now, therefore,
Be it resolved by the Council of
the City of Cleveland:

2245

9
Section 1. That Council does hereby record its objection to a transfer
of Liquor License of a C2 and C2X
Liquor Permit from Curtis Hunt, DBA
Right On Time Food & Beverage,
3609 Community College Avenue,
Cleveland, Ohio 44115, Permanent
Number 40739630001 to Curtis Hunt,
DBA Right On Time Food & Beverage, 6002 Woodland Avenue, Cleveland, Ohio 44104, Permanent Number
40739630002, and requests the Director
of Liquor Control to set a hearing for
said application in accordance with
provisions of Section 4303.26 of the
Revised Code of Ohio.
Section 2. That the Clerk of Council be and she is hereby directed to
transmit two certified copies of this
resolution, together with two copies
of a letter of objection and two
copies of a letter requesting that the
hearing be held in Cleveland, Cuyahoga County.
Section 3. That this resolution is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final adoption.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 21.
Nays 0.
SECOND READING EMERGENCY
ORDINANCES PASSED
Ord. No. 1273-09.
By Council Members Brady, Cimperman and Sweeney (by departmental request).
An emergency ordinance determining the method of making the
public improvement of rehabilitating Cedar Avenue from East 21st
Street to East 55th Street; authorizing the Director of Public Service to enter into one or more public improvement contracts for the
making of the improvement; authorizing the Director to employ one
or more professional consultants to
design the improvement; authorizing the Commissioner of Purchases
and Supplies to acquire for rightof-way purposes such real property
as is necessary to make the public
improvement; and authorizing the
Director to enter into any agreements relative thereto; and authorizing the Director to accept cash
contributions
from
the
Greater
Cleveland Regional Transit Authority, Northeast Ohio Regional Sewer
District, and private utility companies for costs associated with the
improvement and to enter into
agreements.
Approved by Directors of Public
Service, City Planning Commission,
Finance, Law; Passage recommended by Committees on
Public Service, City Planning, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.

10
Ord. No. 1412-09.
By Council Members Cloud, Santiago, Cummins, Miller, Polensek,
Wilkes,
Brady,
Cimperman
and
Sweeney (by departmental request).
An emergency ordinance authorizing the Mayor to apply to the District One Public Works Integrating
Committee for state funding for the
Martin Luther King Jr. Drive, Fulton Avenue, East 152nd Street and
East 88th/Crane/East 91st Street
reconstruction projects; authorizing
the Mayor to accept one or more
grants from the Ohio Public Works
Commission for the projects; and
state
funding
to
obtain
credit
enhancements and loan assistance
in support of the City’s general
obligation bonds issued for road and
bridge improvements.
Approved by Directors of Public
Service, City Planning Commission,
Finance, Law; Passage recommended by Committees on Public Service,
City Planning, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1541-09.
By Council Members Zone, Cimperman and Sweeney (by departmental request).
An emergency ordinance determining the method of making the
public improvement of cleaning,
cement mortar lining, and replacing
various distribution water mains in
2010; and authorizing the Director of
Public Utilities to enter into one or
more public improvement contracts
for the making of the improvement.
Approved by Directors of Public
Utilities, City Planning Commission,
Finance, Law; Passage recommended by Committees on Public Utilities, City Planning, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1542-09.
By Council Members Zone, Cimperman and Sweeney (by departmental request).
An emergency ordinance determining the method of making the public
improvement of constructing and
modifying various portions and structures of the Harvard Yard facility;
and authorizing the Director of Public Utilities to enter into one or more
public improvement contracts for the
making of the improvement.
Approved by Directors of Public
Utilities, City Planning Commission,
Finance, Law; Passage recommended by Committees on Public Utilities, City Planning, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1585-09.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance to approve the form and authorize the
execution of power sales contracts
with American Municipal Power,
Inc. and taking other actions in connection therewith regarding Meldahl
and Greenup Hydroelectric Project
participation.

The City Record
Approved by Directors of Public
Utilities, Finance, Law; Passage recommended by Committees on Public
Utilities, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1586-09.
By Council Members Zone, Dow
and Sweeney (by departmental request).
An emergency ordinance to enact
Section 523.021 of the Codified Ordinances of Cleveland, Ohio, relating
to the residential incentive rate
schedule for electrical service.
Approved by Directors of Public
Utilities, Finance, Law; Passage recommended by Committees on Public
Utilities, Legislation, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1593-09.
By Council Members Johnson and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Parks, Recreation and Properties to apply for
and accept a grant from the Ohio
Department of Education for the
2010 Summer Food Program; authorizing the purchase by requirement
contract of breakfasts and lunches
and for food, food products, beverages, condiments and paper products
to implement the grant, for the Division of Recreation, Department of
Parks, Recreation and Properties;
and authorizing the Director to contract with various non-profit organizations for the implementation of
the Program.
Approved by Directors of Parks,
Recreation and Properties, Finance,
Law; Passage recommended by Committees on Public Parks, Properties
and Recreation, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1594-09.
By Council Members Pruitt, Johnson, Cimperman and Sweeney (by
departmental request).
An emergency ordinance authorizing the Director of Parks, Recreation and Properties to execute a
deed of easement and a temporary
deed of easement granting to Northeast Ohio Regional Sewer District
certain easement rights in property
located on Lee Road and declaring
the easement rights not needed for
public use.
Approved by Directors of Parks,
Recreation and Properties, City Planning Commission, Finance, Law; Passage recommended by Committees on
Public Parks, Properties and Recreation City Planning, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1595-09.
By Council Members Brancatelli,
Brady, Cimperman and Sweeney (by
departmental request).
An emergency ordinance to vacate
a portion of East 73rd Place (width
varies) and a portion of Klonowski
Avenue S.E. (40 feet wide).

2246

December 9, 2009
Approved by Directors of Public
Service, City Planning Commission,
Finance, Law; Passage recommended by Committees on Public Service,
City Planning, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1596-09.
By Council Members Brancatelli
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Economic Development to enter into a grant agreement with The Greater Cleveland
Sports Commission to provide financial assistance to organize and administer programs for marketing
the City of Cleveland as a venue for
sporting events.
Approved by Directors of Economic Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1597-09.
By Council Member Miller.
An emergency ordinance authorizing the sale of real property as part
of the Land Reutilization Program
and located on St. Clair Avenue to
New Covenant Christian Church.
Approved by Directors of Community Development, City Planning
Commission, Finance, Law; Passage
recommended
by
Committees
on
Community and Economic Development, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1657-09.
By Mayor Jackson and Council
Member Sweeney (by departmental
request).
An emergency ordinance to supplement the Codified Ordinances of
Cleveland, Ohio, 1976, by enacting
new Section 551.022 relating to solid
waste collection fee.
Approved by Directors of Finance,
Law; Passage recommended by Committees
on
Legislation,
Finance,
when amended as follows:
1. In Section 1, at new Section
551.022(a), at the table of rates, at
“2010”
strike
“$9.25”
and
insert
“$8.00”; at “2011”, strike “$9.50” and
insert “$8.25”; at “2012”, strike “$9.75”
and insert “$8.50”; and at “2013”,
strike “$10.00” and insert “$8.75”.
2. In Section 1, at new Section
551.022, in division (a) after the
tables of rates insert: “The per unit
fee shall be discounted by fifty percent (50%) for a residential property owner that receives a reduction
in their water rate under the homestead provisions of Chapter 535.”.
3. In Section 1, at new Section
551.022, insert new divisions (c) and
(d) to read as follows:
“(c) Exemptions.
(1) A residential property owner
that resides in a multiple unit
dwelling where the other units of
the dwelling are vacant and not
used for rental purposes, may re-

December 9, 2009
quest an exemption from the perunit charge for the unoccupied
units.
(2) If a residential property owner
resides in their own property and
that property has been unoccupied
for a consecutive period of sixty
(60) or more days, the owner may
request a fifty percent (50%) discount from the per-unit charge during that time.
(d) The Director of Public Service
shall create rules and regulations
establishing guidelines for vacant
properties.”.
4. In Section 1, at new Section
551.022, renumber existing division
(c) to new division “(e)”.
Amendments agreed to.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 18.
Nays 3.
Those voting yea: Council Members
Sweeney,
Brancatelli,
Cimperman,
Cleveland, Cloud, Conwell, Cummins,
Dow,
Johnson,
Kelley,
Miller,
Mitchell, Polensek, Pruitt, Santiago,
Westbrook, Wilkes and Zone.
Those voting nay: Council Members Brady, Keane and Reed.
In compliance with Section 33 of
the Charter a copy of the legislation
was furnished to each member of
Council before final passage.
Ord. No. 1661-09.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance to amend
the title and Sections 1 and 2 of
Ordinance No. 1260-06, passed November 20, 2006, as amended by Ordinance No. 757-09, passed July 1, 2009,
relating to professional consultants
to implement Phase II and Phase III
of the Human Resource Enhancement Program, for the Department
of Public Utilities.
Approved by Directors of Public
Utilities, Finance, Law; Passage recommended by Committees on Public
Utilities, Finance, when amended as
follows:
1. In Section 1, at amended Section
1, at the end of the first paragraph,
strike the period and insert “more
fully described in the Fact Sheet
placed in File No. 1661-09-A. A copy
of the Request for Proposal and any
deliverables as set forth in the Fact
Sheet placed in the file shall be
given to the President of Council
and to the Chair of the Public Utilities Committee.”.
2. In Section 1, at amended Section
2, line 1, after “shall” insert “not
exceed $1,475,000 and shall”.
Amendments agreed to.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
In compliance with Section 33 of
the Charter a copy of the legislation
was furnished to each member of
Council before final passage.
Ord. No. 1662-09.
By Council Members Zone, Dow,
Polensek and Sweeney (by departmental request).
An emergency ordinance to enact
new Sections 523.25 and 523.26 of the
Codified Ordinances of Cleveland,
Ohio, 1976, relating to interconnection service for distributed generation and net metering service.

The City Record
Approved by Directors of Public
Utilities, Finance, Law; Passage recommended by Committees on Public
Utilities, Legislation, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1663-09.
By Council Members Conwell and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Safety to
enter into an agreement with the
City of Bratenahl, Ohio to provide
emergency medical services within
the City of Bratenahl, Ohio, for a
period of one year, with options to
renew exercisable by the Director of
Public Safety, to extend the term for
additional one-year periods.
Approved by Directors of Public
Safety, Finance, Law; Passage recommended by Committees on Public
Safety, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1664-09.
By Council Members Brancatelli
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Community
Development to enter into one or
more contracts with various nonprofit agencies for the implementation of homeless assistance activities; and to enter into one or more
contracts with Cuyahoga County
for the operation of the Cleveland/Cuyahoga County Office of
Homeless Services.
Approved by Directors of Community Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1667-09.
By Council Members Brancatelli
and Sweeney (by departmental request).
An emergency ordinance approving the Tax Incentive Review Council’s Year 2008 recommendations.
Approved by Directors of Community Development, City Planning
Commission, Finance, Law; Passage
recommended
by
Committees
on
Community and Economic Development, City Planning, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1668-09.
By Council Members Johnson, Brancatelli and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Economic Development to apply for and accept a
Clean Ohio grant from the State of
Ohio Department of Development for
the Miceli’s Dairy expansion project
located in the vicinity of 2800 Grand
Avenue located in Cleveland, Ohio;
and authorizing the Director to
enter into one or more contracts

2247

11
with Miceli-Lograsso Development
Company III, LLC, or its designee,
to implement the project.
Approved by Directors of Economic Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1669-09.
By Council Members Brancatelli
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Economic Development to employ one or more professional consultants to develop and
to recommend implementation steps
for a Climate Action Plan and a Sustainable Cleveland 2019 Follow-Up
Plan.
Approved by Directors of Economic Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1670-09.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing the Director of Community Relations to apply for and accept a grant
from Cuyahoga County Department of
Justice Affairs Criminal Justice Services Agency for the Juvenile Accountability Block Grant Program.
Approved by Directors of Community Relations, Finance, Law; Passage recommended by Committee on
Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1671-09.
By Council Members Cimperman
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of the City Planning Commission to apply for and
accept one or more grants from
Northeast Ohio Area Coordinating
Agency for the Transportation for
Livable Communities Grant Program; authorizing the Director to
enter into one or more contracts
with various entities to implement
the grant.
Approved by Directors of City
Planning Commission, Finance, Law;
Passage recommended by Committees on City Planning, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1710-09.
By Council Members Brady and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of LED bulbs,
for the Division of Traffic Engineering, Department of Public Service, for a one year period.
Approved by Directors of Public
Service, Finance, Law; Passage rec-

12

The City Record

ommended by Committees on Public
Service, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.

ommended by Committees on Public
Service, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.

Ord. No. 1712-09.
By Council Members Cleveland,
Cimperman, Brady and Sweeney (by
departmental request).
An emergency ordinance to amend
Section 8 of Ordinance No. 688-08,
passed June 9, 2008, relating to the
rehabilitation of East 30th Street;
and to supplement the ordinance by
adding new Sections 7a and 8b,
relating to cash contributions from
GCRTA and accepting cash donations from public and private entities for this project.
Approved by Directors of Public
Service, Finance, Law; Passage recommended by Committees on Public
Service, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.

Ord. No. 1725-09.
By Council Members Cleveland
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
the Sisters of Charity Foundation
for the Project HEAL – Healthy
Eating Active Living Program.
Approved by Directors of Public
Health, Finance, Law; Passage recommended by Committees on Health
and Human Services, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.

Ord. No. 1713-09.
By Council Members Cleveland
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
Cuyahoga County Solid Waste District for the 2010 Solid Waste Disposal Program.
Approved by Directors of Public
Health, Finance, Law; Passage recommended by Committees on Health
and Human Services, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1716-09.
By Council Members Cleveland,
Brancatelli and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Economic Development to apply for and accept a
Clean Ohio Assistance Fund grant
from the State of Ohio Department
of Development for environmental
assessment assistance on the proposed redevelopment of the Key Gas
Components facility at 1966 East
66th Street; and authorizing the
Director to enter into one or more
contracts with Shaker Associates,
LLC, or its designee, to implement
the project.
Approved by Directors of Economic Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1719-09.
By Council Members Brady and
Sweeney (by departmental request).
An emergency ordinance authorizing the acceptance of certain easement interests from Greater Cleveland Regional Transit Authority for
public right-of-way purposes as part
of the Euclid Corridor Project.
Approved by Directors of Public
Service, Finance, Law; Passage rec-

Ord. No. 1749-09.
By Council Members Sweeney and
Dow (by departmental request).
An emergency ordinance to supplement the Codified Ordinances of
Cleveland, Ohio, 1976, by enacting
new Sections 463.01 to 463.07 and
463.99 relating to valet services.
Approved by Directors of Finance,
Law; Passage recommended by Committees on Legislation, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1750-09.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Utilities
to enter into one or more contracts
with ProTech Security, Inc. for professional
services
necessary
to
install and connect a license plate
recognition system, IP video management and archiving systems, and
also Milestone and SightLogix security systems and peripherals, including integration and other services,
at various Division of Water facility sites.
Approved by Directors of Public
Utilities, Finance, Law; Passage recommended by Committees on Public
Utilities, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1751-09.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of decorative
post lights, including installation,
for the Division of Cleveland Public
Power, Department of Public Utilities, for a period not to exceed two
years.
Approved by Directors of Public
Utilities, Finance, Law; Passage recommended by Committees on Public
Utilities, Finance, when amended as
follows:
1. In the title, strike line 6 in its
entirety and insert “Utilities.”.
2. In Section 1, line 3, strike “for
a two-year period” and insert “for a
period of one or two years”; and at

2248

December 9, 2009
the end, add “The Director of Public Utilities is authorized to enter
into one or more contracts with a
term of two years instead of one
year when there is a financial
advantage to the City. For purposes
of this ordinance, a financial advantage shall be determined by the
Director of Public Utilities by comparing the bids received for both
terms.”.
Amendments agreed to.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
In compliance with Section 33 of
the Charter a copy of the legislation
was furnished to each member of
Council before final passage.
Ord. No. 1752-09.
By Council Members Cleveland
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
the Ohio Department of Health for
the 2010 STD Control Prevention
Program; and authorizing the Director to enter into contracts with
Planned Parenthood of Northeast
Ohio and the Free Clinic of Greater
Cleveland to implement the grant.
Approved by Directors of Public
Health, Finance, Law; Passage recommended by Committees on Health
and Human Services, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
Ord. No. 1756-09.
By Council Members Cimperman,
Brancatelli and Sweeney (by departmental request).
An emergency ordinance allocating a portion of the City’s Recovery
Zone Economic Development Bonds
allocation to finance a portion of the
costs of public improvements related to the Flats East Development
Project; authorizing a cooperative
agreement relating to the bonds; approving terms of the bonds; accepting a completion guaranty; and
authorizing and approving related
matters.
Approved by Directors of Economic Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance, when amended
as follows:
1. In Section 18, line 3, strike
“adoption” and insert “passage”.
Amendment agreed to.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
In compliance with Section 33 of
the Charter a copy of the legislation
was furnished to each member of
Council before final passage.
Ord. No. 1757-09.
By Council Members Cimperman,
Brancatelli and Sweeney (by departmental request).
An emergency ordinance to amend
Section 2 of Ordinance No. 1892-05,
passed February 13, 2006, relating to
contract with Flats East Development, LLC, and/or the ClevelandCuyahoga County Port Authority to

December 9, 2009
provide development assistance to
partially finance the acquisition of
land for retail, multi-family rental
housing and/or parking facilities at
the Project Site and the construction
at the Project site of parking facilities to support retail and/or multifamily rental housing uses at the
Project Site.
Approved by Directors of Economic Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance, when amended
as follows:
1. In Section 1, line 2, after “2006”
insert “as amended by Ordinance No.
1381-09, passed October 5, 2009,”.
2. In Section 1, at amended Section
2, line 2, after “File No. 1892-05-D”
insert “and File No. 1892-05-C, which
was established through Ordinance
No. 1381-09, passed October 5, 2009”.
3. Strike the second Section 1 in
its entirety and insert:
“Section 2. That existing Section 2
of Ordinance No. 1892-05, passed February 13, 2006, as amended by Ordinance No. 1381-09, passed October 5,
2009, is repealed.”.
Amendments agreed to.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
In compliance with Section 33 of
the Charter a copy of the legislation
was furnished to each member of
Council before final passage.
Ord. No. 1758-09.
By Council Members Cimperman,
Brancatelli and Sweeney (by departmental request).
An emergency ordinance authorizing a cooperative agreement with
the Cleveland-Cuyahoga County Port
Authority and Flats East Development LLC relating to the issuance
and repayment of tax increment
financing bonds; implementing Ordinance No. 1379-09 declaring certain
improvements to be for a public purpose and making provision for the
collection of service payments in
lieu of taxes pursuant to Sections
5709.41 to 5709.43 of the Revised
Code to pay debt service on certain
bonds; and authorizing and approving related matters.
Approved by Directors of Economic Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance, when amended
as follows:
1. In Section 8, line 3, strike “adoption” and insert “passage”.
Amendment agreed to.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
In compliance with Section 33 of
the Charter a copy of the legislation
was furnished to each member of
Council before final passage.
Ord. No. 1759-09.
By Council Members Cimperman,
Brancatelli and Sweeney (by departmental request).
An emergency ordinance authorizing a cooperative agreement with
the Cleveland-Cuyahoga County Port
Authority, the Summit County Port
Authority, and the Treasurer of the
State of Ohio relating to the financing of recovery zone property.

The City Record
Approved by Directors of Economic Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance, when amended
as follows:
1. In Section 7, line 3, strike “adoption” and insert “passage”.
Amendment agreed to.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
In compliance with Section 33 of
the Charter a copy of the legislation
was furnished to each member of
Council before final passage.
SECOND READING
ORDINANCE PASSED
Ord. No. 1418-09.
By Council Member Cimperman.
An ordinance expanding the LiveWork Overlay District to include the
land between East 34th Street and
East 36th Street; south of Saint Clair
Avenue and shown on the attached
map (Map Change No. 2290, Sheet
No. 4).
Approved by Directors of City
Planning Commission, Law; Passage
recommended by Committee on City
Planning.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Passed. Yeas 21.
Nays 0.
SECOND READING EMERGENCY
RESOLUTION ADOPTED
Res. No. 1673-09.
By Council Members Brancatelli
and Sweeney (by departmental request).
An emergency resolution supporting Cuyahoga County’s grant application to the Clean Ohio Council for
Clean Ohio Revitalization funds to
be used for the redevelopment of the
former American Industrial Buildings and Art Metals sites.
Approved by Directors of Economic Development, Finance, Law;
Adoption recommended by Committees on Community and Economic
Development, Finance.
The rules were suspended. Yeas
21. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 21.
Nays 0.
LAID ON THE TABLE
Ord. No. 1180-08.
By Council Members Brady, Cimperman and Sweeney (by departmental request).
An emergency ordinance determining the method of making the
public improvement of rehabilitating, renovating, reconstructing or
otherwise improving various Department of Public Service facilities; authorizing the Director of
Public Service to enter into one or
more public improvement contracts
to construct the improvement; and
authorizing the director to employ
one or more professional consultants necessary to implement the
improvement.
Without objection, Ordinance No.
1180-08 was laid on the table pursuant to the Rules of Council.
The rules were suspended. Yeas
21. Nays 0. Ordinance No. 1180-08
Laid on the Table.

2249

13
MOTION
The Council Meeting adjourned at
11:15 p.m. to meet at the call of the
chair.

Patricia J. Britt
City Clerk, Clerk of Council

THE CALENDAR
The following measures will be on
their final passage at the next meeting:
NONE

BOARD OF CONTROL

December 2, 2009
The regular meeting of the Board
of Control convened in the Mayor’s
office on Wednesday, December 2,
2009, at 10:30 a.m. with Director Triozzi presiding.
Present: Directors Triozzi, Dumas,
Acting Directors Withers, Dangerfield, Mavec, Butler, H. Smith, Directors Cox, Rush, Nichols, Fumich,
Interim Director Feliciano and Director Rybka.
Absent: Mayor Jackson and Director Hutchinson.
Others: Jim Hardy, Commissioner,
Purchases and Supplies.
Natoya Walker, Acting Director,
Office of Equal Opportunity.
On motions, the following resolutions were adopted, except as may
be otherwise noted:
Resolution No. 541-09.
By Director Wasik.
Be it resolved by the Board of
Control of the City of Cleveland that
under the authority of Ordinance No.
689-08, passed by the Council of the
City of Cleveland on June 2, 2008,
Osborn Engineering is selected upon
the nomination of the Director of
Public Service from a list of qualified
engineering
consultants
or
firms of consultants determined to
be available after a full and complete canvass by the Director of
Public Service as the firm to be
employed by contract to supplement
the regularly employed staff of the
several departments of the City to
obtain the engineering services necessary to complete design and prepare plans and specifications for
Waterloo Reconstruction from East
152nd Street to East 162nd Street.
Be it further resolved that the
Director of Public Service is authorized to enter into contract with
Osborn Engineering, based on its
proposal dated September 3, 2009,
which contract shall be prepared by
the Director of Law, shall provide
for the furnishing of the services
described in the proposal for compensation not exceeding $375,500.00
and shall contain other provisions
as the Director of Law deems necessary to protect and benefit the
public interest.
Be it further resolved that the
employment of the following sub-

The City Record

14
consultants by Osborn Engineering
for the above authorized contract is
approved:
Ralph Tyler Companies
CSB/MBE — $49,297.40 — (13.13%)
Knight & Stolar, Inc.
CSB/FBE — $33,758.60 — (8.99%)
Prime Geotech, Inc.
CSB/MBE — $7,792.00 — (2.08%)
ASC Group, Inc.
FBE — $17,979.27 — (4.79%)

Agreement authorized and shall
include such other provisions as the
Director considers necessary to benefit and protect the public interest.
Yeas:Directors
Triozzi,
Dumas,
Acting Directors Withers, Dangerfield, Mavec, Butler, H. Smith, Directors Cox, Rush, Nichols, Fumich,
Interim Director Feliciano and Director Rybka.
Nays: None.
Absent: Mayor Jackson and Director Hutchinson.
JEFFREY B. MARKS,
Secretary

O.R. Colan Associates, LLC
other — $16,300.00 — (4.34%)
AEROCON
other — $4,100.00 — (1.09%)
Ohio Test Bor, Inc.
other — $1,200.00 — (0.32%)
Yeas: Directors Triozzi, Dumas,
Acting Directors Withers, Dangerfield, Mavec, Butler, H. Smith, Directors Cox, Rush, Nichols, Fumich,
Interim Director Feliciano and Director Rybka.
Nays: None.
Absent: Mayor Jackson and Director Hutchinson.
Resolution No. 542-09.
By Director Cox.
Whereas, the Director of Parks,
Recreation and Properties (“Director”) is authorized under Ordinance
No. 98-09 passed by the Cleveland
City Council, February 2, 2009 to
enter into one or more concession
agreements on the basis of competitive proposals for the operation of
soft drink, candy, snack and other
vending machines throughout City
parks and various City-owned and
City-leased buildings under the control of other City departments for a
period not exceeding two years,
with a one year option to renew; and
Whereas, Cleveland Coca-Cola Bottling Co., Inc. has proposed to provide its products to be exclusively
stocked in cold-beverage vending
machines
under
the
concession
agreement with AVI Food Systems;
and
Whereas, the City is willing to
grant Cleveland Coca-Cola Bottling
Co., Inc. the privilege, permit, and
license to have its brands of products exclusively stocked in the coldbeverage vending machines under
the vending machine concession
agreement with AVI Food System,
for the fee stated in its proposal;
now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland,
that under the authority of Ordinance No. 98-09 passed by the Cleveland City Council, February 2, 2009,
the Director of Parks, Recreation
and Properties is authorized to enter
into an agreement (the “Agreement”) granting Cleveland CocaCola Bottling Co., Inc. the exclusive
right to stock its brand of cold-beverage
products
in
the
vending
machines which are the subject of
the concession agreement with AVI
Food System, for a period not to
exceed two years with a one year
option to renew exercisable through
additional legislative authorization
for a concession fee of $16,000 each
year and, if the Director permits the
Cleveland Coca Cola Bottling Co.,
Inc. to install “Vitamin Water”
machines, a concession fee of 25%
on gross sales from those machines.
Be it further resolved that the
Director of Law shall prepare the

CIVIL SERVICE NOTICES
____________
General Information
Application blanks and information, regarding minimum entrance
qualifications, scope of examination,
and suggested reference materials
may be obtained at the office of the
Civil Service Commission, Room 119,
City Hall, East 6th Street, and Lakeside Avenue.
Application blanks must be properly filled out on the official form
prescribed by the Civil Service Commission and filed at the office of the
commission not later than the final
closing date slated in the examination announcement.
EXAMINATION RESULTS: Each
applicant whether passing or failing
will be notified of the results of the
examination as soon as the commission has graded the papers. Thereafter, eligible lists will be established which will consist of the
names of those candidates who have
been successful in all parts of the
examination.
PHYSICAL EXAMINATION: All
candidates for original entrance positions who are successful in other
parts of the examinations must submit to a physical examination.
REYNALDO GALINDO,
President

SCHEDULE OF THE BOARD
OF ZONING APPEALS
MONDAY, DECEMBER 21, 2009
9:30 A.M.
Calendar No. 09-232: 15701 Waterloo
Road (Ward 11)
Eric Kunde, owner, and Chris McNeill, tenant, appeal to establish use
for body piercing and tattooing in
an existing two-story building on a
40' x 224.67' parcel in a Local Retail
Business District; subject to the limitations of Section 343.01, the proposed use is not permitted and first
allowed in a General Retail Business District provided that it is at
least 1,000 feet from a residential
district; and the proposed use is 20
to 30 feet from a residential district
to the rear and contrary to the provisions of Section 347.12(b)(1) of the
Cleveland Codified Ordinances.
Calendar No. 09-239: 4830 Superior
Avenue (Ward 7)
Raymond Adamic, owner, and John
Dunlap, prospective purchaser, and
Mizo Peldich, tenant, appeal to expand the use for a store to include
an 835 square foot outside patio for

2250

December 9, 2009
food service and consumption on a
corner parcel in a Semi-Industry District; contrary to Section 349.04(f),
no parking is proposed and 9 new
parking spaces, one per 100 square
feet, are required; and the expansion
of a nonconforming use requires the
Board of Zoning Appeals approval
as stated in Section 359.01 of the
Cleveland Codified Ordinances.
Calendar No. 09-240: 7515 Euclid
Avenue (Ward 6)
Cleveland Housing Network, owner,
and Emerald Alliance V, LP, appeal
to construct a 70 unit apartment
building on consolidated parcels in
a Midtown Mixed Use District 1; contrary to Section 344.08 there are 24
spaces proposed and 50 percent of 70
spaces required according to Section
349.04(a) equals a required total of
35 parking spaces according to the
Cleveland Codified Ordinances.
Calendar No. 09-241: 6605 Barberton
Avenue (Ward 16)
Kenneth Easterly, owner, appeals
to change the use of a one-story
brick building from storage to a
vehicle repair garage on an acreage
parcel in a General Industry District; and a 6-oot wide frontage landscaping strip is required along the
parking lot where the lot borders
the street, as stated in Sections
352.08 through 352.11 of the Cleveland Codified Ordinances.
Calendar No. 09-242: 5705 Franklin
Boulevard (Ward 17)
Lynnhaven Development Group, LLC,
owner, appeal to erect a 14' x 18'
one-story, frame accessory garage
on an irregular shaped corner parcel in a Two-Family District; contrary to Section 357.05(b)(1) a distance of 5-feet 22-inches is provided
where the building line shall not be
less than 10 feet on the rear third
of a corner lot where the rear lot
abuts a residence district; and along
the side street line, yard space of 3feet and 5-feet 2-inches are provided, contrary to the provisions in Section 357.05(b)(2) and a building setback line of 20-feet that is established where the rear lot line is the
side line of the butt lot.
Calendar No. 09-243: 11010 Ashbury
Avenue (Ward 9)
Samona Johnson, owner, appeals
to establish a day care use in an
existing dwelling located on a 48' x
168.43' parcel in a Two-Family District; subject to the limitations of
Section 337.03, and by reference to
Section 337.02(f)(3)(C), the proposed
use must be not less than 30 feet
from any adjoining premises in a
residence district and requires public notice, hearing and approval by
the Board of Zoning Appeals to determine if adequate yard spaces and
other safeguards to preserve the
character of the neighborhood are
provided, and if in the judgment of
the Board, such buildings and uses
are appropriately located and designed and will meet a community
need without adversely affecting the
neighborhood.
Calendar No. 09-246: 3436 Broadview
Road (Ward 15)
Aqua Santi Builders, owner, appeal to erect a 16' x 20' two-story,
frame room addition contrary to the
requirements for yard space, 1-foot
is provided where the minimum interior side yard requires 8-feet and a
distance of 4-foot 8-inches is provided
where no building shall be erected
less than 10-feet from a main build-

The City Record

December 9, 2009
ing on an adjoining lot, as stated in
Sections 357.09(b)(2)C and A of the
Cleveland Codified Ordinances.
Calendar No. 09-249: 4641 Broadway
Avenue (Ward 5)
Katherine Kirschnick dba Finn Cafe
appeals under the authority of Section 76-6 of the Charter of the City
of Cleveland from the decision of
the Department of Public Safety to
disapprove an application for a Coin
Operated Amusement Device License
for the premises at 4641 Broadway
Avenue, as stated in the notice
issued November 12, 2009 from the
Commissioner of the Cleveland Division of Assessments and Licenses.
Calendar No. 09-253: 1070 Brookpark
Road (Ward 16)
Joseph Ritondaro dba Maaco Collision Repair and Auto Painting,
appeals under Section 76-6 of the
Charter of the City of Cleveland and
Section 329.02(d) from being denied
a Motor Vehicle Repair Garage
License by the Commissioner of
Assessments and Licenses upon the
recommendation
of
the
City
of
Cleveland Department of Building
and Housing.
Secretary

REPORT OF THE BOARD
OF ZONING APPEALS
MONDAY, DECEMBER 7, 2009
At the meeting of the Board of
Zoning Appeals on Monday, December 7, 2009, the following appeals
were heard by the Board.
The following appeals were Approved:
Calendar No. 09-227: 7505 Detroit
Avenue
Rodney and Anitra Boyt appealed
to establish a retail store that
includes a use for tattooing in a
General Retail Business District.
Calendar No. 09-14: 12010 Bellaire
Road
Dolores Wagner appealed to change
use from a service station to an auto
repair garage an existing building
on an irregular corner parcel in a
General Retail Business District;
subject to condition.
Calendar No. 09-193: 2175 Cornell
Road
Henry Billingsley II, Trustee, owner,
and MDR, LLC, prospective purchaser, appealed to change use from
a store to a bar and restaurant in
an existing building on an irregular
shaped corner parcel in a Multi-Family District; subject to conditions.
The following appeal was Denied:
Calendar No. 09-234: Appeal of John
Mungai — Chauffeur License Application
John Mungai appealed from a
decision of the Commissioner of the
Cleveland Division of Assessments
and Licenses to deny an application
for a Chauffeur’s License.

15

The following appeals were Postponed:

CITY OF CLEVELAND BIDS

Calendar No. 09-229: 3280 Adolpha
Avenue postponed to February 8,
2010.

For All Departments

Calendar No. 09-233: 7310 Fleet Avenue postponed to January 19, 2009.
Calendar No. 09-111: 10409 Meech Avenue (PPN 136-10-040) postponed to
February 1, 2010.
Calendar No. 09-112: 10409 Meech Avenue (PPN 136-10-041) postponed to
February 1, 2010.
Calendar No. 09-113: 10409 Meech Avenue (PPN 136-10-042) postponed to
February 1, 2010.
The following appeals heard by the
Board on November 30, 2009 were
adopted and approved on December 7,
2009.
The following appeals were Approved:
Calendar No. 09-224: 2320 Schell Avenue
Tony Krol appealed to erect an
open front porch to a one family
dwelling in an A1 One-Family District.
Calendar No. 09-225: 5729 Fleet Avenue
The David Wolfson Trust appealed for a change of use from a
print shop to a painting contractor’s
office and warehouse an existing
three-story building in a Local Retail Business District.
Calendar No. 09-228: 740 East 152nd
Street
City of God Baptist Fellowship
appealed to change use from a day
care to a church an existing twostory building in a General Retail
Business District; subject to condition.
The following appeal heard by the
Board on November 9, 2009 was
adopted and approved by the Board
on December 7, 2009.
The following
proved:

appeal

was

Ap-

Calendar No. 09-211: 3919 Lorain
Avenue
Rach-Land Corporation and Mark
Pestak appealed to install 6-foot tall
ornamental fence along the front
yard of an irregular shaped parcel
inn a Local Retail Business District.
Secretary

REPORT OF THE BOARD
OF BUILDING STANDARDS
AND BUILDING APPEALS

NO MEETING

PUBLIC NOTICE

The following appeal was Withdrawn:

NONE

Calendar No. 09-231: 10433 Edgewater Drive
Louis Carlozzi appealed to erect a
two-story, frame garage on a parcel
in a Limited One-Family District.

NOTICE OF PUBLIC HEARING

NONE

2251

Sealed bids will be received at the
office of the Commissioner of Purchases and Supplies, Room 128, City
Hall, in accordance with the appended schedule, and will be opened and
read in Room 128, City Hall, immediately thereafter.
Each bid must be made in accordance with the specifications and
must be submitted on the blanks
supplied for the purpose, all of
which may be obtained at the office
of the said Commissioner of Purchases and Supplies, but no bid will
be considered unless delivered to
the office of the said commissioner
previous to 12:00 noon (Eastern
Standard Time) on the date specified in the schedule.
187.10 Negotiated contracts; Notice
required in Advertisement for Bids.
Where invitations for bids are
advertised,
the
following
notice
shall be included in the advertisement: “Pursuant to the MBE/FBE
Code, each prime bidder, each minority business enterprise (“MBE”) and
each
female
business
enterprise
(“FBE”) must be certified before
doing business with the City. Therefore, any prime contractor wishing
to receive credit for using an MBE
or FBE should ensure that applications for certification as to MBE or
FBE status compliance with the
Code, affirmative action in employment and, if applicable, joint venture status, are submitted to the Office of Equal Opportunity (“OEO”)
prior to the date of bid opening or
submission of proposals or as specified by the Director. Failure to comply with the business enterprise
code or with representations made
on these forms may result in cancellation of the contract or other
civil or criminal penalties.”
THURSDAY, JANUARY 14, 2010
File No. 220-09 — Security Improvement Project, for the Division of
Architecture, Department of Public
Service, as authorized by Ordinance No. 485-07, passed by the
Council of the City of Cleveland,
July 11, 2007.
THERE WILL BE A NON-REFUNDABLE FEE FOR PLANS/SPECIFICATIONS IN THE AMOUNT
OF FIFTY DOLLARS ($50.00) IN
THE FORM OF A CASHIER’S
CHECK AND/OR MONEY ORDER. (NO COMPANY CHECKS,
NO
CASH
AND
NO
CREDIT
CARDS WILL BE ACCEPTED).
THERE WILL BE A MANDATORY
PRE-BID MEETING THURSDAY,
DECEMBER 17, 2009 AT 10:00
A.M., THE DIVISION OF ARCHITECTURE, CLEVELAND CITY
HALL, ROOM 517, 602 LAKESIDE
CLEVELAND,
OHIO
AVENUE,
44114.
THE CITY OF CLEVELAND WILL
NOT CONSIDER THE BID OF
ANYONE WHO DOES NOT ATTEND A MANDATORY PRE-BID
CONFERENCE.

The City Record

16
File No. 221-09 — New
Breathing
Air Compressors and Fill Stations
for Fire Station No. 5 and Fire Station No. 10, for the Division of
Architecture, Department of Public
Service, as authorized by Ordinance No. 490-07, passed by the
Council of the City of Cleveland,
June 4, 2007.
THERE WILL BE A NON-REFUNDABLE FEE FOR PLANS/SPECIFICATIONS IN THE AMOUNT
OF FIFTY DOLLARS ($50.00) IN
THE FORM OF A CASHIER’S
CHECK AND/OR MONEY ORDER. (NO COMPANY CHECKS,
NO
CASH
AND
NO
CREDIT
CARDS WILL BE ACCEPTED).
THERE WILL BE A MANDATORY
PRE-BID MEETING TUESDAY,
JANUARY 5, 2010 AT 10:00 A.M.,
THE DIVISION OF ARCHITECTURE,
CLEVELAND
CITY
HALL, ROOM 517, 602 LAKESIDE
AVENUE,
CLEVELAND,
OHIO
44114.
THE CITY OF CLEVELAND WILL
NOT CONSIDER THE BID OF
ANYONE WHO DOES NOT ATTEND A MANDATORY PRE-BID
CONFERENCE.

File No. 222-09 — Ontario Street
Sewer Relining Project, for the
Division of Water Polution Control, Department of Public Utilities,
as authorized by Ordinance No.
740-08, passed by the Council of
the City of Cleveland, June 9,
2008.
THERE WILL BE A NON-REFUNDABLE FEE FOR PLANS/SPECIFICATIONS IN THE AMOUNT
OF FIFTY DOLLARS ($50.00) IN
THE FORM OF A CASHIER’S
CHECK AND/OR MONEY ORDER. (NO COMPANY CHECKS,
NO
CASH
AND
NO
CREDIT
CARDS WILL BE ACCEPTED).
THERE WILL BE A MANDATORY
PRE-BID MEETING FRIDAY, DECEMBER 18, 2009 AT 10:30 A.M.,
THE DIVISION OF WATER POLLUTION CONTROL, 12302 KIRBY
AVENUE,
CLEVELAND,
OHIO
44108.
THE CITY OF CLEVELAND WILL
NOT CONSIDER THE BID OF
ANYONE WHO DOES NOT ATTEND A MANDATORY PRE-BID
CONFERENCE.
December 9, 2009 and December 16, 2009

ADOPTED RESOLUTIONS
AND ORDINANCES
____________
Res. No. 1672-09.
By Council Member Sweeney (by
departmental request).
An emergency resolution requesting the County Auditor to make
advances during the year 2010 under
Section 321.34 of the Revised Code.
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That under Section
321.34 of the Revised Code, the Coun-

ty Auditor is requested to draw, and
the County Treasurer is requested to
pay, on draft or drafts made payable
to the Treasury of the City of Cleveland, any money that may be in the
County Treasury from time to time
during the year 2010 and credited to
the account of the City of Cleveland
and lawfully applicable to the purpose of the 2010 fiscal year, during
which year such request will be
made. The payments are to be made
from time to time in accordance
with the schedule set by Cuyahoga
County.
Section 2. That the Clerk of Council is directed to transmit a certified
copy of this resolution to the Auditor of Cuyahoga County.
Section 3. That this resolution is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Adopted November 30, 2009.
Effective December 3, 2009.

Res. No. 1764-09.
By Council Member Cummins.
An emergency resolution objecting to a New C1 Liquor Permit at
4126 Pearl Road.
Whereas, Council has been notified by the Department of Liquor
Control of an application for a New
C1 Liquor Permit at Rahil, Inc., DBA
Gas USA, 4126 Pearl Road, Cleveland, Ohio
44109, Permanent Number 7171122; and
Whereas, the granting of this application for a liquor permit to this
high crime area, which is already
saturated with other liquor outlets,
is contrary to the best interests of
the entire community; and
Whereas, the applicant does not
qualify to be a permit holder and/or
has demonstrated that he has operated his liquor business in disregard
of the laws, regulations or local
ordinances of this state or any other
state; and
Whereas, the place for which the
permit is sought has not conformed
to the building, safety or health
requirements of the governing body
of this County or City; and
Whereas, the place for which the
permit is sought is so arranged or
constructed that law enforcement
officers or agents of the Department
of Liquor Control are prevented reasonable access to the establishment;
and
Whereas, the place for which the
permit is sought is so located with
respect to the neighborhood that it
substantially interferes with public
decency, sobriety, peace or good
order; and
Whereas, this objection is based
on other legal grounds as set forth
in Revised Code Section 4303.292;
and
Whereas, this resolution constitutes an emergency measure providing for the immediate preservation
of the public peace, prosperity, safety and welfare pursuant to Section
4303.26 of the Ohio Revised Code.

2252

December 9, 2009
Council’s objection to said permit
must be received by the Director of
Liquor Control within 30 days of
notification; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That Council does hereby record its objection to a New C1
Liquor Permit at Rahil, Inc., DBA
Gas USA, 4126 Pearl Road, Cleveland, Ohio 44109, Permanent Number
7171122; and requests the Director of
Liquor Control to set a hearing for
said application in accordance with
provisions of Section 4303.26 of the
Revised Code of Ohio.
Section 2. That the Clerk of Council be and she is hereby directed to
transmit two certified copies of this
resolution, together with two copies
of a letter of objection and two
copies of a letter requesting that the
hearing be held in Cleveland, Cuyahoga County.
Section 3. That this resolution is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Adopted November 30, 2009.
Effective December 3, 2009.

Res. No. 1765-09.
By Council Member Johnson.
An emergency resolution withdrawing objection to the renewal of
a D5 Liquor Permit at 8800 Woodland Avenue, lower level, and repealing Resolution No. 956-09 objecting to said renewal.
Whereas, this Council objected to
a D5 Liquor Permit to 8800 Woodland Avenue by Resolution No. 95609 adopted by the Council on July 1,
2009; and
Whereas, this Council wishes to
withdraw its objection to the above
renewal and consents to said renewal; and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That objection to a D5
Liquor
Permit
to
Club
Center
Lounge, Inc., DBA Club Center
Lounge, 8800 Woodland Avenue,
lower level, Cleveland, Ohio 44104,
Permanent Number 1572186 be and
the same is hereby withdrawn and
Resolution No. 956-09, containing
such objection, be and the same is
hereby repealed and that this Council
consents
to
the
immediate
renewal thereof.
Section 2. That this resolution is
hereby declared to be an emergency
measure and provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Adopted November 30, 2009.
Effective December 3, 2009.

December 9, 2009
Res. No. 1766-09.
By Council Member Johnson.
An emergency resolution withdrawing objection to the renewal of
a D1, D2, D3, D3A and D6 Liquor
Permit at 11132 Buckeye Road, and
repealing Resolution No. 1136-09 objecting to said renewal.
Whereas, this Council objected to
a D1, D2, D3, D3A and D6 Liquor
Permit to 11132 Buckeye Road by
Resolution No. 1136-09 adopted by
the Council on August 5, 2009; and
Whereas, this Council wishes to
withdraw its objection to the above
renewal and consents to said renewal; and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That objection to a D1,
D2, D3, D3A and D6 Liquor Permit
to
Phase
III
Corporation,
DBA
Phase III, 11132 Buckeye Road,
Cleveland, Ohio 44104, Permanent
Number 6877045 be and the same is
hereby withdrawn and Resolution
No. 1136-09, containing such objection, be and the same is hereby
repealed and that this Council consents to the immediate renewal
thereof.
Section 2. That this resolution is
hereby declared to be an emergency
measure and provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Adopted November 30, 2009.
Effective December 3, 2009.

Res. No. 1767-09.
By Council Member Johnson.
An emergency resolution withdrawing objection to the renewal of
a D2 and D2X Liquor Permit at 9203
Kinsman Avenue, and repealing
Resolution No. 1139-09 objecting to
said renewal.
Whereas, this Council objected to
a D2 and D2X Liquor Permit to 9203
Kinsman Avenue by Resolution No.
1139-09 adopted by the Council on
August 5, 2009; and
Whereas, this Council wishes to
withdraw its objection to the above
renewal and consents to said renewal; and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That objection to a D2
and D2X Liquor Permit to Ossie,
Inc., DBA Kinsman’s Shell, 9203
Kinsman Avenue, Cleveland, Ohio
44104, Permanent Number 6591675 be
and the same is hereby withdrawn
and Resolution No. 1139-09, containing such objection, be and the same

The City Record
is hereby repealed and that this
Council consents to the immediate
renewal thereof.
Section 2. That this resolution is
hereby declared to be an emergency
measure and provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Adopted November 30, 2009.
Effective December 3, 2009.

Res. No. 1768-09.
By Council Member Kelley.
An emergency resolution withdrawing objection to the transfer of
liquor license of a D2, D2X, D3 and
D6 Liquor Permit at 3837 Ridge
Road and repealing Resolution No.
1395-09, objecting to said transfer.
Whereas, this Council objected to
the transfer of liquor license of a
D2, D2X, D3 and D6 Liquor Permit
to Ridge Road Castle, #3837, Inc.,
3837 Ridge Road, Cleveland, Ohio
44144, Permanent No. 7366153, by
Resolution No. 1395-09 adopted by
the Council on September 21, 2009;
and
Whereas, this Council wishes to
withdraw its objection to the above
transfer and consents to said transfer; and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That objection to a D2,
D2X, D3 and D6 Liquor Permit to
Ridge Road Castle, #3837, 3837
Ridge Road, Cleveland, Ohio 44144,
Permanent Number 7366153 be and
the same is hereby withdrawn and
Resolution No. 1395-09, containing
such objection, be and the same is
hereby repealed and that this Council consents to the immediate transfer thereof.
Section 2. That this resolution is
hereby declared to be an emergency
measure and provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Adopted November 30, 2009.
Effective December 3, 2009.

Res. No. 1769-09.
By Council Member Wilkes.
An emergency resolution withdrawing objection to the renewal of
a C2, C2X and D6 Liquor Permit at
11609 Miles Avenue, and repealing
Resolution No. 1153-09, objecting to
said renewal.
Whereas, this Council objected to
a C2, C2X and D6 Liquor Permit to
11609 Miles Avenue by Resolution
No. 1153-09 adopted by the Council

2253

17
on August 5, 2009; and
Whereas, this Council wishes to
withdraw its objection to the above
renewal and consents to said renewal; and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That objection to a C2,
C2X and D6 Liquor Permit to
Habibi, Inc., DBA Frank’s Marathon,
11609 Miles Avenue, Cleveland, Ohio
44105, Permanent Number 3479133 be
and the same is hereby withdrawn
and Resolution No. 1153-09, containing such objection, be and the same
is hereby repealed and that this
Council consents to the immediate
renewal thereof.
Section 2. That this resolution is
hereby declared to be an emergency
measure and provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Adopted November 30, 2009.
Effective December 3, 2009.

Ord. No. 1260-08
By Council Members Santiago,
Westbrook, Zone, Brancateli and
Cummins.
An emergency ordinance to amend
Sections 187.01, 187.22, 313.06, 323.06,
663.01, 663.02, 663.04, 665.01, 665.02,
665.03, 667.01, 667.05, 687.05, and
691.16 as amended by various ordinances, relating to discrimination on
the basis of gender identity or
expression.
Whereas, discrimination in any
form is harmful to a community; and
Whereas, this Council believes the
City is best served by prohibiting
discrimination on the basis of gender identity; and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of the
City of Cleveland:
Section 1. That Sections 187.01 and
187.22 of the Codified Ordinances of
Cleveland, Ohio 1976, as amended by
Ordinance No. 77-08, passed February 4, 2008, Sections 313.06, 323.06,
663.01, 663.02, 687.05, and 691.16, as
amended by Ordinance No. 77-94,
passed March 14, 1994, Section 665.01,
as amended by Ordinance No. 162-A2000, passed December 4, 2000, Section 665.02, as amended by Ordinance No.1081-01, passed June 19,
2001, Section 665.03, as amended by
Ordinance No. 2317-04, passed December 13, 2004, Section 667.05, as
amended by Ordinance No. 128-97,
passed January 27, 1997, Section
663.04, as enacted by Ordinance No.
1333-64, passed May 17, 1965, and
Section 667.01, as enacted by Ordinance No. 162-A-00, passed December
4, 2000, are amended as follows:

The City Record

18
CHAPTER 187
THE CLEVELAND AREA
BUSINESS CODE
Section 187.01 Definitions of Terms
As used in this Chapter, the following words, phrases, and terms
shall be defined as set forth below:
(a) “Administrator” means the
employee or employees in the OEO
designated by the Director to act as
an administrator of the Cleveland
Area Business Program.
(b) “Bidder” means a Person offering to contract with the City in
response to an invitation to bid, and
for purposes of this Code, includes
a proposer in response to a request
for proposals or other similar solicitation.
(c) “Bid Discount” means the
application of a percentage discount
to the total amount of a bid submitted by a Bidder for a Contract
solely for the purpose of bid comparisons when evaluating the lowest
and best bid, or lowest responsible
bid. The use of a Bid Discount for
Bid Comparison does not alter the
total amount of the bid submitted by
a Bidder or the Contract executed
based on a bid.
(d) “Business Enterprise” means a
firm, sole proprietorship, partnership, association, corporation, company, or other business entity of any
kind including, but not limited to, a
limited liability corporation, incorporated
professional
association,
joint venture, estate, or trust.
(e) “City” means the City of Cleveland, Ohio.
(f) “City of Cleveland Small Business” or “CCSB” means a CSB that
has its principal office located physically within the municipal boundaries of the City.
(g)
“Cleveland
Area
Business
Code”, “Cleveland Area Business
Program”,
“Code”
or
“Chapter”
means all of the provisions of this
Chapter 187 of the Codified Ordinances of Cleveland, Ohio, 1976.
(h) “Cleveland Area Small Business” or “CSB” means a Business
Enterprise certified under division
(a) of Section 187.03.
(i) “Cleveland Contracting Market” or “Contracting Market” means
the geographic market area consisting of Cuyahoga County, Ohio, or
the geographic market area identified in a disparity study or otherwise as provided in Section 187.28.
(j) “Commercially Useful Function” means execution by a CSB,
MBE, or FBE of a distinct element
of the work in carrying out its
responsibilities by actually performing, managing, and supervising the
work involved by its personnel,
materials, and assets. To determine
whether a Business Enterprise is
performing a Commercially Useful
Function, the City will evaluate the
amount of the Contractor’s work
which is appropriate to be subcontracted and actually subcontracted,
industry practices, and other relevant factors tending to demonstrate
actual performance.
(k) “Construction” means the erection, rehabilitation, alteration, conversion, extension, demolition or
repair of improvements to real property, including facilities providing
utility service and includes the
supervision, inspection, and other

on-site functions incidental to construction.
(l) “Contract” means a binding
agreement executed on or after the
effective date of this Cleveland Area
Business Code by which the City
either grants a privilege or is committed to expend or does expend its
funds or other resources, or confers
a benefit having monetary value
including, but not limited to, a
grant, loan, interest in real or personal property, or tax incentive in
any form for or in connection with
any work, project, or public purpose
including, but not limited to, a contract for the:
(1) Construction of any public
improvement,
including
change
orders or subsidiary agreements
approved by the City during the performance of such Construction;
(2) Purchase of personal property;
(3) Purchase of any supplies,
equipment or services;
(4) Lease by way of concession
under Section 183.03;
(5) Lease of any personal property; or
(6) Grant by concession agreement of a specific permission, privilege, or license under Sections
183.04, 183.041, and 184.044 of the
Codified Ordinances.
“Contract” shall include a binding
agreement, funded or benefited by
the City, between a party to a Contract and a third party, but shall
exclude contracts with other public
entities, except as provided in Section 187.09. For purposes of MBE
and
FBE
utilization,
“Contract”
shall only include the specific types
and categories of Contracts and Contractors identified in a disparity
study or otherwise as the subject of
past or present discrimination as
provided in Section 187.28.
(m)
“Contracting
Department”
includes any administrative department under charge of the Mayor or
any office, board, or commission
treated or construed as a department of City government for any
purpose under the Charter or ordinances of the City for the benefit or
program of which the City enters
into a particular Contract.
(n) “Contractor” means a separate
or distinguishable Business Enterprise employing one or more persons
and participating in the performance of a Contract, including but
not limited to CSBs, MBEs and
FBEs where applicable, and shall
include a party in privity with a
Contractor for implementation of a
Contract.
(o) “Control” means the unencumbered ability to direct operations
and management.
(p) “Director” means the Director
of the Office of Equal Opportunity.
(q) “Disability” means any physical or mental impairment that substantially limits one or more of an
individual’s major life activities.
(r)
“Discriminate”
means
to
exclude an individual or group solely on the basis of race, religion,
color, sex, sexual orientation, gender identity or expression, national
origin, age, Disability, ethnic group
or Vietnam-era or disabled-veteran
status.
(s) “Discriminate on the basis of
age” means to discriminate as determined by appropriate Federal law
against individuals over the age of
forty (40).
(t) “Evaluation Credit” means a
predetermined number of points in
the evaluation of proposals submit-

2254

December 9, 2009
ted by a Bidder for a Contract to be
added solely for the purpose of proposal comparison when evaluating
competing proposals. The use of
Evaluation Credits does not alter
the amount of the proposal submitted by a Bidder or the Contract executed based on the proposal.
(u) “Female” includes only a United States citizen or lawful, permanent resident who is a member of
the female gender.
(v) “Female Business Enterprise”
or “FBE” means a Business Enterprise owned, operated, and controlled by one or more Females who
have 51% ownership. The one or
more Females must have operational and managerial Control, interest in capital, and earnings commensurate with the percentage of
Female ownership. To qualify as a
Female Business Enterprise, the
Business Enterprise shall be located
and doing business in the Cleveland
Contracting Market.
(w) “Front Organization” means
any FBE, MBE, or CSB that serves
as a Contractor, or as a subcontractor to any Contractor under Contract, who obtained and/or retained
certification through false statements or who committed to performance of a distinct element of the
work under the Contract but did not
carry out its responsibilities by actually performing, managing or supervising the work involved, or who
did not provide products, services,
goods or supplies in a manner, in
the Director’s determination, consistent with its certification.
(x) “Gender identity or expression” means the gender-related identity, external presentation of gender
identity
through
appearance,
or
mannerism or other gender-related
characteristics
of
an
individual,
regardless of the individual’s designated sex at birth.
(y) “Joint venture” means an association of two or more persons or
businesses to carry out a single
business enterprise for profit for
which purpose they combine their
property, capital, efforts, skills and
knowledge.
(z) “Minority Person” means a
United States citizen or lawful, permanent resident who is a member of
a racial or ethnic group, such as
African American, Hispanic American,
Asian
American
or
Native
American, against whom past or present discrimination has been demonstrated as provided in Section 187.28.
(aa) “Minority Business Enterprise” or “MBE” means a Business
Enterprise owned, operated and controlled by one or more Minority Persons who have at least 51% ownership. The Minority Person(s) must
have operational and managerial
Control, interest in capital, and
earnings commensurate with the
percentage of ownership. To qualify
as a Minority Business Enterprise,
the enterprise shall be located and
doing business in the Cleveland Contracting Market.
(bb) “OEO” means the Office of
Equal Opportunity of the City of
Cleveland.
(cc) “Person” means and includes
a natural person, a Business Enterprise or other entity, unless the context or usage requires otherwise.
(dd) “Public Improvement” means
a project determined by the City
Council to be a public improvement
under Section 167 of the Cleveland
City Charter.
(ee) “Regional Cleveland Area
Small Business” or “RCSB” means a
CSB that has its principal office

December 9, 2009
located physically within the territorial boundaries of Cuyahoga County but outside the municipal boundaries of the City.
(ff) “Regulation” or “Regulations”
means and includes the regulations
implementing this Code and promulgated by the Director of Equal
Opportunity under division (b) (6)
of Section 123.08 of these Codified
Ordinances.
(gg) “Sexual Orientation” means a
person’s actual or perceived homosexuality, bisexuality, or heterosexuality, by orientation or practice.
(hh) “Small Business Enterprise”
or “SBE” means a Business Enterprise that meets the established economic criteria for a SBE and is
owned, operated and controlled by
one or more persons who meet the
economic criteria for SBE ownership
established by the Director in the
Regulations.
(ii) “Supplier” means a Business
Enterprise performing a Commercially Useful Function in the supply
process when it:
(1) Assumes the actual and contractual responsibility for furnishing the supplies or materials;
(2) Is recognized as a distributor
of the contracted supplies and materials by the industry involved;
(3) Owns or leases a warehouse,
yard, building or other facilities for
stocking inventory or otherwise conducts business in a manner which is
usual and customary in the industry
and market for the supplies or materials; and
(4) Distributes, delivers, and services products primarily with its
own staff and/or equipment.
Section 187.22 Equal Opportunity
Clause; Terms in Contracts
(a) Contracting Departments shall
include the notice(s) set forth in
Section 187.21 and the requirements
set forth in division (c) of Section
187.08 in all specifications for contracts. The Director shall consider
satisfaction of the duties and agreements set forth in the notice(s) in
determining whether a Contractor is
in compliance with this Code.
(b) Each Contract also shall contain the following equal opportunity clause:
“During the performance of this
contract, the contractor agrees as
follows:
(1) The contractor shall not discriminate against any employee or
applicant for employment because of
race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability,
ethnic group or Vietnam-era or disabled veteran status. The contractor
shall take affirmative action to
insure that applicants are employed
and that employees are treated during employment without regard to
race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability,
ethnic group, or Vietnam-era or disabled veteran status. As used in this
chapter,
“treated”
means
and
includes without limitation the following: recruited, whether by advertising or other means; compensated,
whether in the form of rates of pay
or other forms of compensation;
selected
for
training,
including
apprenticeship, promoted, upgraded,
demoted, downgraded, transferred,
laid off and terminated. The contractor agrees to and shall post in
conspicuous
places,
available
to
employees
and
applicants
for
employment, notices to be provided
by the hiring representatives of the

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contractor setting forth the provisions
of
this
nondiscrimination
clause.
(2) The contractor will, in all
solicitations or advertisements for
employees placed by or on behalf of
the contractor, state that the contractor is an equal opportunity
employer.
(3) The contractor shall send to
each labor union or representative
of workers with which he has a collective bargaining agreement or
other contract, or understanding, a
notice advising the labor union or
worker’s representative of the contractor’s commitments under the
equal opportunity clause, and shall
post copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) It is the policy of the City that
local
businesses,
minority-owned
businesses and female-owned businesses shall have every practicable
opportunity to participate in the performance of contracts awarded by
the City subject to the applicable
provisions of the Cleveland Area
Business Code.
(5) The contractor shall permit
access by the Director or his or her
designated representative to any relevant and pertinent reports and documents to verify compliance with
the Cleveland Area Business Code,
and with the Regulations. All such
materials provided to the Director or
designee by the contractor shall be
considered confidential.
(6)
The
contractor
will
not
obstruct or hinder the Director or
designee in the fulfillment of the
duties and responsibilities imposed
by the Cleveland Area Business
Code.
(7) The contractor agrees that
each subcontract will include this
Equal Opportunity Clause, and the
contractor will notify each subcontractor, material supplier and supplier that the subcontractor must
agree to comply with and be subject
to all applicable provisions of the
Cleveland Area Business Code. The
February 13, 2008 The City Record
33 283 contractor shall take any
appropriate action with respect to
any subcontractor as a means of
enforcing the provisions of the
Code.”
Section 313.06
Provision to Prevent Recurrence of Blight or Substandard Areas and Discrimination
The community development plan
shall include the provision that
every contract for the sale, lease,
use, rehabilitation or redevelopment
of the property within such area
shall contain such restrictions and
conditions as are deemed necessary
to prevent a recurrence of blighted
or substandard areas, provided that
no such restriction shall be based
upon race, religion, color, sex, sexual orientation, gender identity or
expression, national origin, age, disability, ethnic group or Vietnam-era
or disabled veteran status; shall
indicate what covenants, restrictions
and conditions of such contracts
shall be covenants running with the
land; shall provide appropriate remedies for any breach of covenants or
conditions; shall provide that each
redevelopment contract for the sale,
lease, use or redevelopment of the
property within such area, and conveyance of land pursuant thereto
shall
contain
conditions
and
covenants which shall run with the
land which shall provide that there
shall be no discrimination against
or segregation of any person or

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19
group of persons based upon race,
religion, color, sex, sexual orientation, gender identity or expression,
national origin, age, disability, ethnic group or Vietnam-era or disabled
veteran status in the sale, lease,
sublease, transfer, occupancy, tenure
or enjoyment of such land in perpetuity; and that such redevelopment
contracts and conveyances of land
within the area shall contain a
covenant that no grantee himself, or
any
person
claiming
under
or
through him, shall establish or permit any such practice or discrimination or segregation with reference
to the selection, location, number or
occupancy of tenants, lessees, sublessees or vendees in any or all of
the land within such area.
Section 323.06
Provision to Prevent
Recurrence
of
Substandard
Housing, Building and Sanitary Conditions and Discrimination
The
neighborhood
conservation
plan shall include provisions that
every contract for the sale, lease,
use, rehabilitation or redevelopment
of the property within such area
shall contain such restrictions and
conditions as are deemed necessary
to prevent a recurrence of blighted
or substandard areas, provided that
no such restriction shall be based
upon race, religion, color, sex, sexual orientation, gender identity or
expression, national origin, age, disability, ethnic group or Vietnam-era
or disabled veteran status, shall
indicate what covenants, restrictions
and conditions of such contracts
shall be covenants running with the
land and shall provide appropriate
remedies for any breach of the
covenants or conditions.
CHAPTER 663
FAIR EMPLOYMENT PRACTICES
663.01 Definitions
As used in this chapter:
(a) “Discriminate,” “discriminates”
or “discrimination” means discrimination solely on the grounds or
because of race, religion, color, sex,
sexual orientation, gender identity
or expression, national origin, age,
disability, ethnic group or Vietnamera or disabled veteran status.
(b) “Employee” means all persons
except those engaged in domestic
service,
personal
service
or
an
employee of an organized religious
congregation or an employee of an
organization or institution limited to
members of a single religious faith.
(c) “Employer” means a person,
one or more individuals, a partnership, association or corporation hiring employees unless exemption is
provided in Section 663.04.
(d) “Labor organization” means
any organization which exists and
is constituted for the purpose, in
whole or in part, of collective bargaining or of dealing with employees concerning grievances, terms of
conditions of employment, or of
mutual aid or protection in connection with employment.
(e) “Employment agency” means
any person, company, partnership,
association, or corporation, which
undertakes with or without compensation, to procure opportunities to
work, or to procure, recruit, refer or
place employees.
(f) “Sexual Orientation” means a
person’s actual or perceived homosexuality, bisexuality or heterosexuality, by orientation or practice.
(g) “Gender Identity or Expression” means the gender-related identity, external presentation of gender

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20
identity
through
appearance,
or
mannerism or other gender-related
characteristics
of
an
individual,
regardless of the individual’s designated sex at birth.
663.02 Prohibitions
No employers, employees, labor
unions, employment agencies or others subject to this chapter shall:
(a) Discriminate against any person with regard to hire, discharge,
tenure, upgrading, terms or conditions of employment or union membership solely on grounds of race,
religion, color, sex, sexual orientation, gender identity or expression,
national origin, age, disability, ethnic group or Vietnam-era or disabled
veteran status.
(b) Publish or cause to be published any notice or advertisement
relating to employment or membership which contains any specification or limitation as to race, religion, color, sex, sexual orientation,
gender
identity
or
expression,
national origin, age, disability, ethnic group or Vietnam-era or disabled
veteran status.
(c) Require of any applicant as a
condition of employment or membership any information concerning
the applicant's race, religion, color,
sex, sexual orientation, gender identity or expression, national origin,
age, disability, ethnic group or Vietnam-era or disabled veteran status.
(d) Aid, abet, encourage or incite
the commission of any discrimination in employment practice prohibited by this chapter.
Section 663.04
Provisions

Exemptions

from

Exemptions from the requirements
of this chapter shall be:
(a) Any employer of less than
four persons; nor shall members of
the immediate family of an employer be included in determining the
number of employees.
(b) Any religious organization or
institute whose membership or service is limited to persons of a single religious faith.
(c) Any institution organized for
educational purposes that is operated, supervised, or controlled by such
a religious association, corporation,
or society.
(d) Any private organization having a purely social or fraternal purpose.
(e)
Any
type
of
employment
where religion, religious creed or
nationality would usually and normally be considered an essential
qualification of employment.
(f) Nothing in this section shall
be construed to establish an unlawful employment practice based on
actual or perceived gender identity
or expression due to the denial of
access to bathrooms, showers, locker rooms or dressing facilities, provided that the employer provides
reasonable access to adequate facilities that are not inconsistent with
an employee’s gender identity or
expression as established with the
employer at the time of initial
employment or upon notification to
the employer that the employee has
undergone or is undergoing gender
transition, whichever is later.
(g) Nothing in this section shall
be construed to require the modification of existing facilities or the
construction of new or additional
facilities.

CHAPTER 665
FAIR HOUSING
Section 665.01 Purpose
It is hereby declared to be the purpose of this chapter to provide, within constitutional limitations, fair
housing throughout the City of
Cleveland (hereinafter, the City) , to
assure that all persons have full and
equal opportunity to consider all
available housing for themselves
and their families within the City
without discrimination based on
race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability,
ethnic group, Vietnam-era or disabled veteran status, familial status,
marital status or ancestry, and to
promote a stable, racially integrated community.
Section 665.02 Definitions
As used in this chapter:
(a) “Aggrieved person” includes
any person who
(1) claims to have been injured by
a discriminatory housing practice;
or
(2) believes that such person will
be injured by a discriminatory housing practice that is about to occur.
(b) “Covered multi-family dwellings” means buildings consisting of
four or more units, if such buildings
have one or more elevators, and
ground floor units in other buildings
consisting of four or more units.
(c) “Disability”
(1) means, with respect to a person:
A. a physical or mental impairment that substantially limits one or
more major life activities, including
the functions of caring for one's
self such as: performing manual
tasks,
walking,
seeing,
hearing,
speaking,
breathing,
learning,
and/or working;
B. a record of a physical or mental impairment;
C. being regarded as having a
physical or mental impairment; or
D. any person associated with that
person, and any person residing or
intending to reside with that person.
(2) does not include current, illegal use of, or addiction to, a controlled substance, as defined in 21
U.S.C. Section 802.
(d) “Fair Housing Administrator”
means the Administrator as established and defined in Section 665.051.
(e) “Fair Housing Board” means
the
Board
as
established
and
defined in Section 665.05.
(f) “Familial status” refers to the
status of
(1) one or more individuals (who
have not attained the age of eighteen years) being domiciled with:
A. a parent or another person having legal custody of the individual
or individuals; or
B. the designee of the parent or
other person having such custody,
with the written permission of the
parent or other persons.
(2) any person who is pregnant or
is in the process of securing legal
custody of any individual who has
not attained the age of eighteen
years.
(g) “Gender identity or expression” means the gender-related identity, external presentation of gender
identity
through
appearance,
or
mannerism or other gender-related
characteristics
of
an
individual,
regardless of the individual’s designated sex at birth.
(h) “Housing for older persons”
means:

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December 9, 2009
(1) housing provided under any
State or Federal program that the
Secretary
of
the
United
States
Department of Housing and Urban
Development (hereafter HUD) determines is specifically designed and
operated to assist elderly persons
(as defined in the State or Federal
program);
(2) housing intended for, and solely occupied by, persons 62 years of
age or older;
(3) housing intended and operated for occupancy by at least one person 55 years or older per unit. The
determination as to whether housing
qualifies as housing for older persons under this division shall be
consistent with regulations promulgated by the Secretary of HUD,
which require that at least the following factors are present:
A. the existence of significant
facilities and services specifically
designed to meet the physical or
social needs of older persons or if
the provision of the facilities and
services is not practicable, that the
housing is necessary to provide
important housing opportunities for
older persons; and
B. that at least eighty percent
(80%) of the units are occupied by
at least one person 55 years of age
or older per unit; and
C. the publication of, and adherence to, policies and procedures
which demonstrate an intent by the
owner or manager to provide housing for person 55 years of age or
older.
(4) Housing shall not fail to meet
the requirements for housing for
older persons by reason of:
A. there being persons residing in
the housing as of the date of enactment of the Fair Housing Act of
1988 who do not meet the age
requirements of division (i) (2) or
(3) of this section; provided that the
new occupants of the housing meet
the age requirements of division (i)
(2) or (3); or
B. there being unoccupied units,
provided
that
such
units
are
reserved for occupancy by persons
who meet the age requirements of
division (i) (2) or (3).
(i) “Lending institution” means
any bank, savings and loan association, insurance company, or other
organization or person regularly
engaged in the business of lending
money, guaranteeing loans for profit, or otherwise providing financial
assistance or insurance in connection with the purchase, sale or
rental of dwellings.
(j) “Person” means one or more
individuals, partnerships, associations, organizations, corporations,
joint stock companies, mutual companies, legal representatives, trusts,
trustees, trustees in bankruptcy,
receivers,
and
other
organized
groups of persons. It also includes,
but is not limited to, any owner,
lessor, assignor, builder, manager,
broker, salesman, appraiser, agent,
employee, and lending institution.
(k) “Property”, as used in this
chapter, means any building, structure, facility or portion thereof,
which is used, occupied or is intended, arranged or designed to be used
or occupied;
(1) as the residence, dwelling
unit, or sleeping place of one or
more individuals, groups, or families
whether or not living independently
of each other, and includes any
housing accommodations held or
offered for sale or rent by a real
estate broker, salesman, or agent, or
by any other person with autho-

December 9, 2009
rization of the owner, by the owner,
or by the person's legal representative;
(2) for the purpose of operating a
business, an office, a manufactory
or public accommodation; or
(3) any vacant land offered for
sale, lease or held for the purpose
of constructing or locating thereon
any such building, structure, facility,
business
concern
or
public
accommodation.
(l) “Protected group” or “protected
class” refers to persons who are or
may be discriminated against on the
basis of race, religion, color, sex,
sexual orientation, gender identity
or expression, national origin, age,
disability, ethnic group, Vietnam-era
or disabled veteran status, familial
status, marital status or ancestry.
(m) “Purchase” means to obtain
property through sale.
(n) “Real estate broker” means a
real estate agent or salesperson, or
a limited real estate broker or salesperson as defined in Section 4735.01
of the Revised Code.
(o) “Rent” or “rental” means to
lease, sublease, assign or otherwise
grant or obtain the right to occupy
property not owned by the occupant
in return for consideration, or a contract or option to do any of the foregoing.
(p) “Sale or sell” means to convey,
exchange, transfer or assign legal
or equitable title to, or beneficial
interest in, property in return for
consideration,
or
a
contract
or
option to do any of the foregoing.
(q) “Sexual orientation” means a
person’s actual or perceived homosexuality, bisexuality or heterosexuality, by orientation or practice.
(r) “Solicitation” or “solicit” means
the mailing or delivery of any printed matter or any oral communication either in person or by telephone
to the owner or occupant of property by any real estate broker, agent,
sales representative or other person
for any of the following purposes:
(1) advertising the accomplishments and/or abilities of the real
estate broker, agent, sales representative or other person to sell or rent
property;
(2) requesting or suggesting that
the owner or occupant list his property for sale or rent; or
(3) offering to purchase or rent
the owner’s property.
Section 665.03 Unlawful Discriminatory Housing Practices
It shall be an unlawful discriminatory housing practice for any person to:
(a) refuse to sell, transfer, assign,
rent, lease, sublease, finance, or
negotiate after the making of a
bona fide offer, or otherwise deny or
make unavailable, because of membership in a protected class, a property to any person;
(b)
represent
to
any
person,
because of membership in a protected class, that a property is not
available for sale, rental, inspection,
purchase,
transfer,
assignment,
lease or sublease when, in fact, it is
available;
(c) discriminate against any person in making available such a
transaction, or in the terms or conditions of such a transaction, if such
person's business includes engaging
in
residential
real
estate-related
transactions, because of race, color,
religion, sex, sexual orientation,
gender
identity
or
expression,
national origin, age, disability, ethnic group, Vietnam-era or disabled
veteran status, familial status, mar-

The City Record
ital status or ancestry. As used in
this section, the term “residential
real
estate-related
transaction”
means any of the following:
(1) The making or purchasing of
loans or providing other financial
assistance:
A. for purchasing, constructing,
improving, repairing, or maintaining
a dwelling; or
B. secured by residential real
estate.
(2) The selling, brokering or
appraising of real property; and
(3) for the purposes of this section, a person is engaging in residential real estate-related transactions if:
A. he has, within the preceding
twelve months, participated as principal in three or more transactions
involving the sale or rental of any
dwelling or any interest in any
dwelling; or
B. he has, within the preceding
twelve
months,
participated
as
agent, other than in the sale of his
own personal residence, in providing
sales or rental facilities or sales or
rental services in two or more transactions involving the sale or rental
of any dwelling or any interest in
any dwelling; or
C. he is the owner of any dwelling
designed or intended for occupancy
by, or occupied by, five or more families; or
D. he has, within the preceding
twelve months, participated as principal in three or more transactions
involving the making or purchasing
of loans or providing other financial
assistance or appraising of real
property.
(d) discriminate against any person in the terms or conditions of
selling,
renting,
transferring,
assigning, brokering, leasing or subleasing any property, or in furnishing facilities, services or privileges
in connection with the ownership,
occupancy or use of any property
because of membership in a protected class or because of the racial
composition or presence of any other
protected groups in the area in
which the dwelling is located;
(e) discriminate against any person in the provision of property and
casualty, including but not limited
to, fire, extended coverage, renter's
or homeowner's insurance (“insurance”) or insurance related services
because of membership in a protected class of a current or prospective purchaser, renter, or occupant,
or of other residents in the area or
community, by any one or more of
the following practices:
(1) making insurance or insurance related services unavailable or
making them available on different
terms or conditions;
(2) refusing to sell or renew or by
canceling insurance or an insurance
policy;
(3) varying the terms or conditions under which an insurance policy or insurance related services is
available;
(4) establishing different qualifications, requirements or standards
for making insurance or insurance
related services available;
(5) offering different services,
facilities or privileges in the provision of insurance or insurance related services;
(6) discouraging potential applicants from applying for insurance,
including not but limited to utilizing different sales and marketing
practices;
(7) evaluating, settling, or paying
insurance claims;

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21
(f) refuse to consider the combined income of both husband and
wife for the purpose of extending
mortgage credit to a married couple
or either member because of their
membership in a protected class;
(g) print, publish or circulate, or
cause to be printed, published or circulated, any statement or advertisement, or make or cause to be made
any written or oral statement, relating to the sale, transfer, assignment,
rental, lease, sublease or acquisition
of any property or the loan of
money, whether or not secured by
mortgage or otherwise, for the
acquisition, construction, rehabilitation, repair or maintenance of a
property, which indicates any preference, limitation, specification or
discrimination based upon protected
group membership, or an intention
to make any such preference, limitation, specification or discrimination;
(h) include in any sale, transfer,
rental, lease or sublease of a property any restrictive covenant based
on protected group membership, or
honor or exercise, or attempt to
honor or exercise any restrictive
covenant;
(i) for the purposes of profit,
whether or not realized, induce or
solicit or attempt to induce or solicit, a property listing or transaction
including but not limited to a sale,
rental or other transaction by representing
that
a
change
has
occurred or may occur with respect
to the protected class or classes of
the area in which the property is
located, or induce or solicit or
attempt to induce or solicit such listing, sale, or transaction by representing that the actual or anticipated presence of persons of any protected class in the area will or may
have results such as:
(1) the lowering of property values;
(2) a change in the composition of
the area in which the property is
located based upon a protected class
or classes;
(3) an increase in criminal or
anti-social behavior in the area;
(4) a decline in the quality of the
schools serving the area.
(j)
coerce,
injure,
intimidate,
threaten or interfere with any person in the exercise or enjoyment of,
or on account of that person's having exercised or enjoyed or having
aided or encouraged any other person in the exercise or enjoyment of
any right granted or protected by
this section;
(k) discriminate against any person because of protected group status in appraising the value of any
property in connection with the sale,
brokering or rental or because of
the composition of the area based
upon protected class or classes;
(l) deny any person access to, or
membership or participation in, any
multiple-listing service, real estate
brokers’ association or other service
association or facility relating to
the business of selling or renting
housing accommodations or commercial property, or to discriminate
against any person in the terms or
conditions of such access, membership or participation, on account of
membership in a protected class;
(m) refuse to permit, at the
expense of a disabled person, reasonable modifications to existing
premises occupied or to be occupied
by such person, if the modifications
may be necessary to afford such person full enjoyment of the premises,
except that, in the case of a rental,

22
a landlord may — where it is reasonable to do so — condition his or
her consent to a modification on a
renter's
agreement,
which
can
include the establishment of an
escrow account, to restore the interior of the premises to the condition
that existed prior to the modification,
reasonable
wear
and
tear
excepted;
(n) refuse to make reasonable
accommodations in rules, policies,
practices or services, when the
accommodations may be necessary
to afford a disabled person equal
opportunity to use and enjoy a
dwelling including associated public
and common use areas;
(o) construct covered multi-family
dwellings that do not provide for
accessibility and usability for physically disabled persons in compliance with 42 USC Section 3604(f) (3)
(C);
(p) discriminate in any manner
against any other person because
that person has opposed any unlawful practice defined in this section,
or because that person has made a
charge, testified, assisted or participated in any manner in any investigation,
proceeding
or
hearing
under Sections 4112.01 to 4112.07 of
the Revised Code; or
(q) aid, abet, incite, compel or
coerce the doing of any act declared
by this section to be an unlawful
discriminatory practice, or obstruct
or prevent any person from complying with Sections 4112.01 to 4112.11
of the Revised Code, 42 USC Section
3601 et seq., or any order issued
under those sections, or attempt
directly or indirectly to commit any
act declared by this section to be an
unlawful discriminatory practice.
Section 667.01 Unlawful Discriminatory Public Accommodations Practices
It shall be an unlawful discriminatory practice in a place of public
accommodation for any person who
is the owner, operator, lessee, manager, administrator, servant, agent
or employee of any place of public
accommodation:
(a) To refuse, deny, segregate,
discriminate or make a distinction,
directly or indirectly, in offering its
goods, services, facilities or accommodations to any person because of
membership in a protected class;
(b) To refuse, deny, segregate,
separate, discriminate, or make a
distinction, directly or indirectly in
any way, against any person in the
full and equal use and enjoyment of
the services, facilities, privileges,
advantages or enforcement powers
of the City, or any unit or office
thereof, because of membership in a
protected class;
(c) For any person, whether or
not specifically prohibited from discriminating under any provisions of
this section, to aid, abet, incite, compel, or coerce the doing of any act
declared to be an unlawful discriminatory practice by this section, or
to attempt to do so;
(d) To coerce, intimidate, threaten, retaliate against, or otherwise
interfere
with
any
person,
or
attempt to do so, because he or she
has promoted the provisions of this
section, or because he or she has
filed a complaint, testified, or assisted in any proceeding, investigation
or hearing authorized by Sections
667.011 through 667.013 or by appropriate state or federal law;
(e) Nothing in this section shall
prohibit a religious or denominational institution, organization, soci-

The City Record
ety or association or any nonprofit
charitable or educational organization that is operated, supervised or
controlled by or in connection with
a religious organization, from limiting its offerings of goods, services,
facilities and accommodations to
persons of the same religion, or
from giving preference to such persons, provided that such offerings
mentioned above are not, in fact,
offered for commercial purposes;
(f) Nothing in this section shall
prohibit the establishment of programs or other public accommodations designed and operated for a
particular age group. However, such
public accommodations shall not discriminate on the basis of membership in a protected class.
(g) Nothing in this section shall
be construed to establish unlawful
discrimination based on actual or
perceived gender identity or expression due to the denial of access to
bathrooms, showers, locker rooms or
dressing facilities, provided reasonable access to adequate facilities is
available.
(h) Nothing in this section shall
be construed to require the modification of existing facilities or the
construction of new or additional
facilities.
Section 667.05 Unlawful Discrimination in Employment
(a) No person shall refuse to
employ or to bar or to discharge
from
employment
any
person
because of race, religion, color, sex,
sexual orientation, gender identity
or expression, national origin, age,
disability, ethnic group or Vietnamera or disabled veteran status of
such person.
(b) No person shall refuse to promote or grant any condition or privilege of employment because of
race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability,
ethnic group or Vietnam-era or disabled veteran status of such person.
(c) As used in this section, “person” means an individual, corporation, business trust, estate, trust,
partnership, labor organization and
association.
(d) As used in this section, “labor
organization” means any organization which exists and is constructed
for the purpose, in whole or in part,
of collective bargaining or of dealing
with
employers
concerning
grievances, terms and conditions of
employment, or of other mutual aid
or protection in connection with
employment.
(e) In accordance with the Religious Freedom Restoration Act, 42
U.S.C. 2000bb et seq., and other state
and federal laws, nothing in this
ordinance shall be construed to
infringe the free exercise of religious rights under the First Amendment to the United States Constitution, nor shall the ordinance be construed to affect bona fide occupational qualifications based upon religion for employment.
Section 687.05 Operating Regulations; Discrimination Prohibited
(a) No person shall operate any
roller
coaster,
gravity
railroad,
shoot-the-chutes,
merry-go-round,
carousel, shooting gallery, switch
backs,
giant
swing,
revolving
wheels, ferris wheels, scenic railways,
whirligigs,
flying
horses,
round-abouts or loop-the-loops in any
outdoor amusement park or place, or
upon
any
place
where
outdoor
amusements are permitted, provided

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December 9, 2009
for or conducted or carried on, nearer than 150 feet from any point on
the boundary line of the property
constituting such amusement park
or place where outdoor amusements
are permitted, or nearer than 300
feet from any adjacent land in a residence or retail business district as
designated in Chapter 335 of the
Codified Ordinances. However, in
the case of an amusement park in
existence at the time of the adoption of this section, the distance
requirements specified herein shall
not apply to any of the amusement
devices in their several existing
locations on the date of the adoption
of this section, and the distance
requirements shall be subject to
modification by the Board of Zoning
Appeals, established pursuant to
Charter Section 76-6, in the case of
proposed additional devices, substitutions or changes in locations of or
other changes pertaining to existing
devices in such existing amusement
parks. No person shall operate in
any outdoor place in the City other
than in an amusement park or place
as
hereinbefore
described,
any
merry-go-round, roller coaster, gravity
railroad,
shoot-the-chutes,
carousel, shooting gallery, switch
back, giant swing, revolving wheel,
ferris
wheels,
scenic
railway,
whirligig, flying horses, round-about
or loop-the-loop, when any part of
such device is nearer than 100 feet
to a public street or highway, or to
an inhabited dwelling. If there is an
inhabited dwelling within 150 feet
of any such device the music,
whether made by organ, whistle or
bells, shall be permitted only during
the hours from 10:00 a.m. to 9:00 p.m.
No person shall continue any such
music beyond the hour of 9:00 p.m.
or commence the same earlier than
10:00 a.m. At his discretion, the
Director of Public Safety may grant
a permit authorizing the continuance of such music during the hours
herein prohibited nearer than 150
feet to an inhabited dwelling and
also permitting the operation of any
of
the
devices
hereinbefore
described nearer than 100 feet to a
public street or highway or to an
inhabited dwelling. In either event
such permit is to be for not more
than two days in any calendar
month. Strict compliance shall be
had with the provisions of law and
ordinance relating to the safe operation of all amusement devices and
to the hazards of fire and panic.
(b) No person shall be refused
admission to or be denied any of the
amusement opportunities afforded
by any amusement park, except for
reasons common to all other persons. In no event shall any person
be discriminated against in the
enjoyment
of
such
amusement
opportunities and facilities because
of race, religion, color, sex, sexual
orientation,
gender
identity
or
expression, national origin, age, disability, ethnic group or Vietnam-era
or disabled veteran status.
Section 691.16 Discrimination Prohibited
No person shall be refused admission to or be denied any of the karting opportunities afforded by any
karting park as herein defined,
except for reasons common to all
other persons. In no event shall any
person be discriminated against in
the
enjoyment
of
such
karting
opportunities and facilities because

December 9, 2009
of race, religion, color, sex, sexual
orientation,
gender
identity
or
expression, national origin, age, disability, ethnic group or Vietnam-era
or disabled veteran status.
Section 2. That existing Sections
187.01 and 187.22 of the Codified
Ordinances of Cleveland, Ohio 1976,
as amended by Ordinance No. 77-08,
passed February 4, 2008, Sections
313.06, 323.06, 663.01, 663.02, 687.05
and 691.16, as amended by Ordinance
No. 77-94, passed March 14, 1994, Section 665.01, as amended by Ordinance No. 162-A-2000, passed December 4, 2000, Section 665.02, as amended by Ordinance No. 1081-01, passed
June 19, 2001, Section 665.03, as
amended by Ordinance No. 2317-04,
passed December 13, 2004, Section
667.05, as amended by Ordinance No.
128-97, passed January 27, 1997, Section 663.04, as enacted by Ordinance
No. 1333-64, passed May 17, 1965, and
Section 667.01, as enacted by Ordinance No. 162-A-00, passed December
4, 2000, are repealed.
Section 3. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 790-09.
By Council Members Conwell and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Safety to
enter into contracts with various
vendors for the towing and salvaging of motor vehicles, for a period of one year.
Whereas, under the authority of
Section 5 of Ordinance No. 292-07,
passed June 11, 2007, the Director of
Public Safety entered into contracts
with various vendors for the towing
and salvaging of motor vehicles;
and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Public Safety is authorized to enter
into contract with each of the following towing and salvage vendors
on the same terms and conditions as
the prior contracts for these services, each of which is identified by
contract number in the column to
the left of the vendor’s name, for a
period of one year
For the towing of non-commercial
motor vehicles
No. 67349 – Ecke’s Towing
No. 67347 – G & M Towing and
Recovery LLC
No. 67353 – Kufner Towing Inc.
No. 67346 – Parma Towing Inc.
No. 67462 – Regal Auto Body and
Service DBA: St. Clair Auto Body
No. 67348 – Quality Automotive
and Towing
No. 67352 – United Towing Services, Inc.

The City Record
For the towing of commercial motor
vehicles
No. 67351 – G & M Towing and
Recovery LLC
No. 67350 – United Towing Services, Inc.

23
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

For the salvaging of motor vehicles
No. 67413 – PSC Metals, Inc.
Section 2. That the Director of
Public Safety is authorized to enter
into contract for the towing of noncommercial vehicles with K & M
Towing and Automotive, Inc. on the
same terms and conditions as the
contracts authorized in Section 1 of
this ordinance, for a period of one
year.
Section 3. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1510-09.
By Council Members Conwell and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Safety to
enter into an agreement with the
United States of America, by and
through its agency, the National
Aeronautics and Space Administration at the Glenn Research Center
and the Cleveland Fire Department
to collaborate in the design, development, and testing of a robotics
platform and communications testbed in a realistic HAZMAT environment.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Public Safety is authorized to enter
into an agreement with the United
States of America, by and through
its agency, the National Aeronautics
and Space Administration at the
Glenn Research Center to collaborate with the Cleveland Fire Department in the design, development,
and testing of a robotics platform
and communications testbed in a
realistic HAZMAT environment.
Section 2. That the agreement or
agreements shall provide that there
shall be no cost to the City of Cleveland for the services authorized in
this ordinance.
Section 3. That the agreement or
agreements shall be prepared by the
Director of Law.
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and

2259

Ord. No. 1587-09.
By Council Members Kelley, Cimperman and Sweeney (by departmental request).
An emergency ordinance determining the method of making the
public improvement of rehabilitating the exterior terminal building
facade at Cleveland Hopkins International Airport; authorizing the
Director of Port Control to enter into
one or more public improvement contracts
for
the
making
of
the
improvement; authorizing the Director to employ one or more professional consultants to design the
improvement; and to enter into various written standard purchase and
requirement contracts needed in connection with the improvement.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That, under Section 167
of the Charter of the City of Cleveland, this Council determines to
make the public improvement of
rehabilitating the exterior terminal
building facade at Cleveland Hopkins International Airport (the “Improvement”), for the Department of
Port Control, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding on a unit basis for
the Improvement.
Section 2. That the Director of
Port Control is authorized to enter
into one or more contracts for the
making of the public improvement
with the lowest responsible bidder
or bidders after competitive bidding
on a unit basis for the Improvement,
provided, however, that each separate trade and each distinct component part of the Improvement may
be treated as a separate Improvement, and each, or any combination,
of the trades or components may be
the subject of a separate contract on
a unit basis.
Section 3. That the Director of
Port Control is authorized to employ
by contract or contracts one or more
consultants or one or more firms of
consultants for the purpose of supplementing the regularly employed
staff of the several departments of
the City of Cleveland in order to provide professional services necessary
to design the Improvement.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Port Control from a list of qualified consultants available for employment as
may be determined after a full and
complete canvass by the Director of
Port Control for the purpose of compiling a list. The compensation to be
paid for the services shall be fixed
by the Board of Control. The contract or contracts authorized shall
be prepared by the Director of Law,
approved by the Director of Port
Control, and certified by the Director of Finance.

24
Section 4. That the Director of
Port Control is authorized to make
one or more written standard purchase contracts and written requirement contracts under the Charter
and the Codified Ordinances of
Cleveland, Ohio, 1976, the period of
requirements to be determined by
the director, for the necessary items
of materials, equipment, supplies,
and services necessary to construct
the Improvement, including labor
and materials if necessary, to be
purchased by the Commissioner of
Purchases and Supplies on a unit
basis for the Department of Port
Control. Bids shall be taken in a
manner that permits an award to be
made for all items as a single contract, or by separate contract for
each or any combination of the
items as the Board of Control determines.
Section 5. That the costs of the
requirement
contract
shall
be
charged against the proper appropriation accounts and the Director
of Finance shall certify the amount
of the initial purchase, which purchase, together with all later purchases, shall be made on order of
the Commissioner of Purchases and
Supplies under a requisition against
the contract or contracts certified by
the Director of Finance.
Section 6. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative arrangements
with
other
governmental
agencies. The Director of Port Control may sign all documents that are
necessary to make the purchases,
and may enter into one or more contracts with the vendors selected
through that cooperative process.
Section 7. That the cost of the contracts authorized shall be paid from
Fund No. 60 SF 106, passenger facility charges and the fund and subfunds to which are credited the proceeds of any general airport revenue
bonds
and
grants,
Request
No.
175259.
Section 8. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1588-09.
By Council Members Kelley, Cimperman and Sweeney (by departmental request).
An emergency ordinance determining the method of making the
public improvement of rehabilitating the terminal ticketing lobby at
Cleveland Hopkins International Airport; authorizing the Director of
Port Control to enter into one or
more public improvement contracts
for the making of the improvement;
authorizing the Director to employ
one or more professional consultants
to design the improvement; and to
enter into various written standard
purchase and requirement contracts
needed
in
connection
with
the
improvement.

The City Record
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That, under Section 167
of the Charter of the City of Cleveland, this Council determines to
make the public improvement of
rehabilitating the terminal ticketing
lobby at Cleveland Hopkins International Airport (the “Improvement”),
for the Department of Port Control,
by one or more contracts duly let to
the lowest responsible bidder or bidders after competitive bidding on a
unit basis for the Improvement.
Section 2. That the Director of
Port Control is authorized to enter
into one or more contracts for the
making of the public improvement
with the lowest responsible bidder
or bidders after competitive bidding
on a unit basis for the Improvement,
provided, however, that each separate trade and each distinct component part of the Improvement may
be treated as a separate Improvement, and each, or any combination,
of the trades or components may be
the subject of a separate contract on
a unit basis.
Section 3. That the Director of
Port Control is authorized to employ
by contract or contracts one or more
consultants or one or more firms of
consultants for the purpose of supplementing the regularly employed
staff of the several departments of
the City of Cleveland in order to provide professional services necessary
to design the Improvement.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Port Control from a list of qualified consultants available for employment as
may be determined after a full and
complete canvass by the Director of
Port Control for the purpose of compiling a list. The compensation to be
paid for the services shall be fixed
by the Board of Control. The contract or contracts authorized shall
be prepared by the Director of Law,
approved by the Director of Port
Control, and certified by the Director of Finance.
Section 4. That the Director of
Port Control is authorized to make
one or more written standard purchase contracts and written requirement contracts under the Charter
and the Codified Ordinances of
Cleveland, Ohio, 1976, the period of
requirements to be determined by
the director, for the necessary items
of materials, equipment, supplies,
and services necessary to construct
the Improvement, including labor
and materials if necessary, to be
purchased by the Commissioner of
Purchases and Supplies on a unit
basis for the Department of Port
Control. Bids shall be taken in a
manner that permits an award to be
made for all items as a single contract, or by separate contract for
each or any combination of the
items as the Board of Control determines.
Section 5. That the costs of the requirement contract shall be charged
against the proper appropriation ac-

2260

December 9, 2009
counts and the Director of Finance
shall certify the amount of the initial purchase, which purchase, together with all later purchases,
shall be made on order of the Commissioner of Purchases and Supplies
under a requisition against the contract or contracts certified by the
Director of Finance.
Section 6. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made
through
cooperative
arrangements with other governmental agencies. The Director of Port
Control may sign all documents that
are necessary to make the purchases, and may enter into one or more
contracts with the vendors selected
through that cooperative process.
Section 7. That the cost of the contracts authorized shall be paid from
Fund No. 60 SF 106, passenger facility charges and the fund and subfunds to which are credited the proceeds of any general airport revenue
bonds
and
grants,
Request
No.
175261.
Section 8. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1589-09.
By Council Members Kelley and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Port Control to
exercise a first option to renew Contract No. 67632 with KS Associates,
Inc. to provide professional survey
services.
Whereas, under the authority of
Ordinance No. 777-07, passed June 4,
2007, the Director of Port Control
entered into Contract No. 67632 with
KS Associates, Inc. to provide professional survey services; and
Whereas, Ordinance No. 777-07 requires further legislation before
exercising the first option to renew
on this contract; and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Port Control is authorized to exercise the first option to renew Contract No. 67632 for an additional
year at a cost not to exceed
$125,314.24, with KS Associates, Inc.,
for the Department of Port Control.
This ordinance constitutes the additional legislative authority required
by Ordinance No. 777-07 to exercise
this option.
Section 2. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it

December 9, 2009
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1590-09.
By Council Members Kelley and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of diesel emission reduction systems for vehicles
and equipment, including installation, for the Division of Cleveland
Hopkins International Airport, Department of Port Control, for a period of two years, with two one-year
options to renew, the first of which
is exercisable through additional
legislative authority.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Port Control is authorized to make
one or more written requirement
contracts under the Charter and the
Codified Ordinances of Cleveland,
Ohio, 1976, for the requirements for
two year period, with two one-year
options to renew, of the necessary
items of diesel emission reduction
systems for vehicles and equipment,
including installation, in the estimated sum of $329,047, to be purchased by the Commissioner of Purchases and Supplies on a unit basis
for the Division of Cleveland Hopkins International Airport, Department of Port Control. The first of
the one-year options to renew may
not be exercised without additional
legislative authority. If such additional legislative authority is granted and the first of the one-year
options to renew is exercised, then
the second of the one-year options to
renew may be exercisable at the
option of the Director of Port Control, without the necessity of obtaining additional authority of this
Council. Bids shall be taken in a
manner that permits an award to be
made for all items as a single contract, or by separate contract for
each or any combination of the
items as the Board of Control determines. Alternate bids for a period
less than the specified term may be
taken if desired by the Commissioner of Purchases and Supplies
until provision is made for the
requirements for the entire term.
Section 2. That the costs of the
contract
or
contracts
shall
be
charged against the proper appropriation accounts and the Director
of Finance shall certify the amount
of the initial purchase, which purchase, together with all later purchases, shall be made on order of
the Commissioner of Purchases and
Supplies under a requisition against
the contract or contracts certified by
the Director of Finance. (RL 175256)
Section 3. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative arrangements
with
other
governmental
agencies. The Director of Port Con-

The City Record
trol may sign all documents that are
necessary to make the purchases,
and may enter into one or more contracts with the vendors selected
through that cooperative process.
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1592-09.
By Council Members Johnson and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Parks, Recreation and Properties to apply for
and accept a grant from the Ohio
Department of Education for the
After School Snack Program; authorizing the purchase by one or more
requirement contracts of various
snacks and beverages, for the Division of Recreation, Department of
Parks, Recreation and Properties;
and authorizing the Director to
enter into one or more contracts
with various agencies, entities, or
individuals to implement the grant.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Parks, Recreation and Properties is
authorized to apply for and accept
a grant in the amount of $100,000.00,
from Ohio Department of Education
to conduct the After School Snack
Program; that the Director is authorized to file all papers and execute
all documents necessary to receive
the funds under the grant; and that
the funds are appropriated for the
purposes described in the summary
for the grant contained in the file
described below.
Section 2. That the summary for
the grant, File No. 1592-09-A, made a
part of this ordinance as if fully rewritten, as presented to the Finance
Committee of this Council at the
public hearing on this legislation, is
approved in all respects and shall
not be changed without additional
legislative authority.
Section 3. That the Director of
Parks, Recreation and Properties is
authorized to make one or more
written requirement contracts under
the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for
the requirements during the grant
term of the necessary items of various snacks and beverages, to be
purchased by the Commissioner of
Purchases and Supplies on a unit
basis for the Division of Recreation,
Department of Parks, Recreation
and Properties. Bids shall be taken
in a manner that permits an award
to be made for all items as a single
contract, or by separate contract for
each or any combination of the
items as the Board of Control deter-

2261

25
mines. Alternate bids for a period
less than the specified term may be
taken if desired by the Commissioner of Purchases and Supplies
until provision is made for the
requirements for the entire term.
Section 4. That the costs of the contract or contracts shall be charged
against the proper appropriation accounts and the Director of Finance
shall certify the amount of the initial purchase, which purchase, together with all later purchases,
shall be made on order of the Commissioner of Purchases and Supplies
under a requisition against the contract or contracts certified by the
Director of Finance.
Section 5. That under Section 108(b)
of the Charter, the purchases authorized by this ordinance may be
made through cooperative arrangements
with
other
governmental
agencies. The Director of Parks,
Recreation and Properties may sign
all documents that are necessary to
make the purchases, and may enter
into one or more contracts with the
vendors selected through that cooperative process.
Section 6. That the costs of the
contract or contracts authorized by
this ordinance shall be paid from
the fund or funds to which are credited the grant proceeds accepted
under this ordinance.
Section 7. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1609-09.
By Council Members Kelley, Cimperman and Sweeney (by departmental request).
An emergency ordinance determining the method of making the
public improvement of rehabilitating Taxiway L at Cleveland Hopkins International Airport; authorizing the Director of Port Control to
enter into one or more public
improvement contracts for the making of the improvement; authorizing
the Director to employ one or more
professional consultants to design
the improvement; and to enter into
various written standard purchase
and requirement contracts needed in
connection with the improvement.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That, under Section 167
of the Charter of the City of Cleveland, this Council determines to
make the public improvement of
rehabilitating Taxiway L at Cleveland Hopkins International Airport
(the “Improvement”), for the Department of Port Control, by one or more
contracts duly let to the lowest
responsible bidder or bidders after

26
competitive bidding on a unit basis
for the Improvement.
Section 2. That the Director of
Port Control is authorized to enter
into one or more contracts for the
making of the public improvement
with the lowest responsible bidder
or bidders after competitive bidding
on a unit basis for the Improvement,
provided, however, that each separate trade and each distinct component part of the Improvement may
be treated as a separate Improvement, and each, or any combination,
of the trades or components may be
the subject of a separate contract on
a unit basis.
Section 3. That the Director of
Port Control is authorized to employ
by contract or contracts one or more
consultants or one or more firms of
consultants for the purpose of supplementing the regularly employed
staff of the several departments of
the City of Cleveland in order to provide professional services necessary
to design the Improvement.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Port Control from a list of qualified consultants available for employment as
may be determined after a full and
complete canvass by the Director of
Port Control for the purpose of compiling a list. The compensation to be
paid for the services shall be fixed
by the Board of Control. The contract or contracts authorized shall
be prepared by the Director of Law,
approved by the Director of Port
Control, and certified by the Director of Finance.
Section 4. That the Director of
Port Control is authorized to make
one or more written standard purchase contracts and written requirement contracts under the Charter
and the Codified Ordinances of
Cleveland, Ohio, 1976, the period of
requirements to be determined by
the director, for the necessary items
of materials, equipment, supplies,
and services necessary to construct
the Improvement, including labor
and materials if necessary, to be
purchased by the Commissioner of
Purchases and Supplies on a unit
basis for the Department of Port
Control. Bids shall be taken in a
manner that permits an award to be
made for all items as a single contract, or by separate contract for
each or any combination of the
items as the Board of Control determines.
Section 5. That the costs of the requirement contract shall be charged
against the proper appropriation accounts and the Director of Finance
shall certify the amount of the initial purchase, which purchase, together with all later purchases,
shall be made on order of the Commissioner of Purchases and Supplies
under a requisition against the contract or contracts certified by the
Director of Finance.
Section 6. That under Section 108(b)
of the Charter, the purchases authorized by this ordinance may be
made through cooperative arrangements
with
other
governmental
agencies. The Director of Port Control may sign all documents that are
necessary to make the purchases,

The City Record
and may enter into one or more contracts with the vendors selected
through that cooperative process.
Section 7. That the cost of the contracts authorized shall be paid from
Fund Nos. 60 SF 128, 60 SF 129, and
60 SF 130, passenger facility charges
and the fund and subfunds to which
are credited the proceeds of any
general airport revenue bonds and
grants, Request No. 175257.
Section 8. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1658-09.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing the Director of Finance to
employ one or more professional
consultants to assess City fees
charged for City services.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Finance is authorized to employ by
contract or contracts one or more
consultants or one or more firms of
consultants for the purpose of supplementing the regularly employed
staff of the several departments of
the City of Cleveland in order to provide professional services necessary
to assess City fees charged for City
services.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Finance
from a list of qualified consultants
available for employment as may be
determined after a full and complete
canvass by the Director of Finance
for the purpose of compiling a list.
The compensation to be paid for the
services shall be fixed by the Board
of Control. The contract or contracts
authorized shall be prepared by the
Director of Law, approved by the
Director of Finance, and certified by
the Director of Finance.
Section 2. That the cost of the contract or contracts authorized shall
be paid from Fund No. 01-011701632000, Request No. 164806.
Section 3. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

2262

December 9, 2009
Ord. No. 1659-09.
By Council Members Dow and
Sweeney (by departmental request).
An emergency ordinance to amend
various sections of Chapter 557, as
enacted and amended by various
ordinances, relating to cemeteries;
and to repeal Section 557.99, as
amended by Ordinance No. 63410-A,
passed September 22, 1924, relating
to penalties.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the following sections of the Codified Ordinances of
Cleveland, Ohio, 1976:
Section 557.03, 557.04, 557.06, and
557.07, as enacted by Ordinance No.
81865, passed April 2, 1928,
Section 557.08, as amended by
Ordinance No. 98793, passed April 20,
1933,
Section 557.09, as enacted by Ordinance No. 81865, passed April 2, 1928,
Section 557.11, as amended by
Ordinance No. 98793, passed April 20,
1933,
Sections
557.12,
557.13,
557.14,
557.15, 557.18 and 557.19, as enacted
by Ordinance No. 81865, passed April
2, 1928,
Section 557.20, as amended by
Ordinance No. 95202, passed July 27,
1931,
Sections 557.21 and 557.22, as
enacted by Ordinance No. 81865,
passed April 2, 1928,
Section 557.23, as amended by
Ordinance No. 98793, passed April 20,
1933,
Sections 557.25, 557.26, and 557.27,
as enacted by Ordinance No. 81865,
passed April 2, 1928,
Section 557.28, as amended by
Ordinance No. 98793, passed April 20,
1933,
Sections 557.31, 557.33, and 557.34,
as enacted by Ordinance No. 81865,
passed April 2, 1928, and
Sections 557.35 and 557.36, as
amended by Ordinance No. 84157,
passed November 12, 1928,
are amended to read as follows:
Section 557.03 Designation of Burial Areas
The Commissioner of Park Maintenance and Properties shall have
power to designate areas within
which headstones, monuments and
other structures may be erected, and
shall have power to control and regulate the erection thereof in or upon
cemetery lots. No headstone, monument or other structure shall be so
erected unless approved by him.
Section 557.04 Hours
The Commissioner of Park Maintenance and Properties shall by general rule determine at what hours
and for what purposes the cemeteries shall be open to pedestrians and
to vehicles.
Section 557.06 Plat Required; Contents; Approval
The Commissioner of Park Maintenance and Properties shall prepare
a plat of every cemetery owned or
established by the City. Such plat
shall show all drives, walks or other
thoroughfares; all sewers, drains or

December 9, 2009
watercourses; all lots reserved for
buildings necessary in the administration of such cemetery; all areas
reserved as parks or open spaces; all
burial lots; all areas reserved for
future platting. The Commissioner
may, with the approval of the directors of the departments concerned,
requisition the services of any office
or division which may be needed in
the preparation of such plat. In
every such case the value of such
services shall be paid from the
Cemetery Operating Fund to the
General Fund. Such plat shall be
subject to the approval of the Platting Commissioner as to all drains
and sewers shown thereon, and subject to the approval of the Director
of Parks, Recreation and Properties
in all respects. When so approved it
shall be filed as public record in the
office of the Commissioner, subject
to alterations, amendment, supplement or supersession only by a plat
similarly prepared and approved
which shall specifically state the
plat or particular items of a particular plat intended to be altered,
amended, supplemented or superseded. No interment shall be permitted except in a burial lot or site
shown as such upon the plat herein
required.
Section 557.07 Lot Prices
Prices at which cemetery lots, or
parts thereof, may be sold shall be
fixed by the Commissioner of Park
Maintenance and Properties, at the
time of platting any cemetery or
part of any cemetery hereinafter
acquired by the City, or not heretofore platted. The prices so fixed for
all the lots shown on any plat shall
be included in a single schedule,
which shall clearly identify each lot
shown on such plat, and the price
thereof. No schedule or amendment
thereto shall be valid until the
approval of the Director of Parks,
Recreation and Properties and the
Director of Finance are endorsed
thereon, and until it is filed as a
public record in the office of the
Commissioner. Whenever any prices
so fixed are to be changed, it shall
be done only by amending such
schedule, or by adopting a new
schedule, which shall supersede all
prior schedules applicable to such
plat.
Section 557.08 Items Determining
Lot Prices
The price of each lot shall be the
sum of three items determined as
provided in Sections 557.09 to 557.11:
(a) The land cost, in which term
is included the cost to the City of
the land and general improvements
represented by such lot or site;
(b) The endowment cost, being
the contribution required to be made
to the Cleveland City Cemetery
Endowment Fund; and
(c) The operation cost, being the
amount required for the care and
upkeep of the lot, as shall be determined by the Commissioner of Park
Maintenance and Properties, and
which sum shall be the balance
remaining after deductions of divisions (a) and (b) of this section
from the selling price of each lot.
The Commissioner of Parks Maintenance and Properties may amend
this cost as the Commissioner deems

The City Record
necessary. Each such item and the
total price shall be shown on the
schedule required by Section 557.07.
Section 557.09 Lot Prices on Cemeteries Hereafter Acquired
In the case of cemeteries hereafter acquired, the Commissioner of
Park Maintenance and Properties
shall determine an amount which
shall be the sum of the amounts
paid for the entire tract acquired for
cemetery purposes, plus an amount
determined to be required for general improvements of whatever character, plus any amounts to be paid
as interest on bonds or other obligations of the City issued to pay for
the acquisition or improvement of
such cemetery. The sum so determined shall be divided into as many
portions as there are lots laid out on
such plat, and each portion shall be
determined to be the land cost of
some particular lot; provided, that
when such tract is not all platted at
once, only a proper proportion of the
sum determined as provided shall be
apportioned to the lots platted at
any one time. In determining the
portion of land cost to be fixed upon
any one lot, consideration shall be
taken of area, location and any
other factors affecting the relative
value of the several lots.
Section 557.11 Endowment Cost
The Director of Finance shall
declare the amount of the endowment cost, which amount shall be
held in a permanent fund of the
cemetery known as the Cleveland
City Cemetery Endowment Fund.
The
Director
may
change
this
amount as deemed necessary by the
Director.
Section 557.12 Sale of Lots or Burial Sites
When the plat and schedule provided for in Sections 557.06 and
557.07 have been approved and filed,
the Commissioner of Park Maintenance and Properties shall have
power on behalf of the City to sell
lots, parts of lots or burial sites, at
the respective prices shown in such
schedule. No burial lot or site shall
be sold unless it is platted, nor at
any price not shown on such schedule.
Section 557.13
Purchase of Lots
on Deferred Payments
The Commissioner of Park Maintenance and Properties may at his
discretion accept an initial payment
on the price of such lot in an
amount not less than half the total
price, nor in any case less than the
land cost apportioned to such lot.
Payment of the remainder of such
price shall be secured by such
agreement as the Commissioner,
with the approval of the Director of
Parks, Recreation and Properties,
deems reasonable. Such agreement
shall be in form prescribed and
approved by the Director of Law,
and shall require the payment to the
City for the benefit of the Cemetery
Operating Fund of interest at the
rate of six percent per annum upon
the deferred portion of such price,
and for the reduction from time to
time of such deferred portion by
payments not less frequent than
semi-annually, nor shall the pay-

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27
ment of any portion be deferred
longer than five years. The entire
amount unpaid shall become due
and payable before any interment is
permitted in such lot, but such payment may be waived, and the agreement continued upon terms approved by the Directors named in
this section.
Section 557.14 Certificate of Purchase Issued after Payment in Full
No certificate of purchase for any
cemetery lot shall be issued until
the price therefor is paid in full.
Whenever any deferred payment on
such price is in default for more
than thirty days, the entire amount
unpaid shall at once become due,
and unless the same is paid forthwith, the Commissioner of Park
Maintenance and Properties shall
cancel the agreement and tender to
the purchaser a certificate of purchase for so many burial sites therein as the Commissioner shall determine to have been paid for in full.
Section 557.15 Transfer or Assignment of Lots
The person to whom a certificate
of purchase as an agreement to purchase has been issued or the successor in interest of such person,
may transfer or assign such certificate or agreement, as to the whole
or any portion of the lot described
therein, subject in every case to the
approval and consent of the Commissioner of Park Maintenance and
Properties, which shall be recited in
and endorsed upon the instrument
evidencing such transfer, in form
prescribed by the Director of Law,
and no such transfer or assignment
shall be valid unless so endorsed
and unless approved by the Director.
Section 557.18
Cleveland City
Cemetery Endowment Fund
That portion of the price of any
cemetery lot which is designated as
the endowment cost shall upon its
receipt be paid forthwith into the
principal account of a perpetual
trust fund, hereby established and
designated as the Cleveland City
Cemetery Endowment Fund. The
principal of such Fund shall be forever inviolate; it shall be invested
by the Director of Finance, or by his
successor designated for such purpose by ordinance, in securities in
which sinking funds or municipal
trust
funds
are
authorized
by
statute or ordinance to be invested.
Any portions at any time uninvested shall be kept on deposit, at interest, in regular City depositaries. The
earnings from the Cleveland City
Cemetery Endowment Fund shall be
used to defray the cost of maintaining and caring for the cemeteries, including any common structures, any structures erected on lots
or burial sites, the drives, walks,
and general improvements to the
cemeteries.
Section 557.19
Contributions to
Fund by Owners of Lots Previously
Sold
The City will at all times accept
contributions to the Cleveland City
Cemetery
Endowment
Fund
in
respect of any lot previously sold.

28
Section 557.20
Annual Payments
from Trust Funds
In addition to the endowment
funds, the City is authorized to
receive from trustees, executors or
other custodians of trust funds
under wills or agreements providing
for the upkeep of lots and monuments and headstones in cemeteries
belonging to or under the control of
the City, such annual payments as
such custodians of the trust fund
are able and willing to make. The
funds so received shall be expended
by the Commissioner of Park Maintenance and Properties in the maintenance and beautification of the
particular lot and the maintenance
and repair of any headstone and
monument
standing
thereon
for
which such contribution is made.
The Commissioner is authorized to
issue receipts for such funds stipulating
that
the
same
shall
be
expended solely for the improvements of the lots, headstones and
monuments designated by such custodian of the trust fund.
Section 557.21
Trust Funds Deposited in City Cemetery Endowment Fund
Trust funds heretofore established
for the perpetual care of cemetery
lots heretofore sold may be turned
in whole or in part into the Cleveland
City
Cemetery
Endowment
Fund with the concurrence of the
Commissioner of Park Maintenance
and Properties and of the purchaser
of any such lot or his representative
or successor in interest having
power to assent thereto. In case
trust funds are not so turned into
such Fund, the original trust agreement
shall
continue
in
force
unchanged.
Section 557.22
Funds for Additional Care of Beautification
Purchasers of cemetery lots may
create and the City may accept the
custody and administration of perpetual trust funds for the purpose of
providing care or beautification of
such lots in addition to the care provided from the Cemetery Operating
Fund. Every fund so created shall
be evidenced by an agreement in
form prescribed and approved by the
Director of Law, executed by the
purchaser in his own behalf and by
the Commissioner of Park Maintenance and Properties and the Director of Finance in behalf of the City.
For the purpose of custody and
investment, but not otherwise, the
principal
amount
of
such
trust
funds, whether created prior to the
enactment of this section or pursuant to its terms, shall be treated
as part of the Cleveland City Cemetery Endowment Fund. The earnings of each such trust fund shall
be applied exclusively to the care
and beautification of the lot for
which such trust fund was established. Such expenditure may be
made each year as the earnings
accrue, or a reserve may be accumulated of such earnings in such
amount as the Commissioner may
deem necessary to meet emergencies
and unanticipated requirements.
Section 557.23
Cemetery Operating Fund
(a) The income from the Cleveland
City
Cemetery
Endowment
Fund and from deferred payments

The City Record
due thereto, and all earnings attributable to the cemeteries, including
those described in Section 557.08(c),
shall be paid into the Cemetery
Operating Fund hereby established.
Moneys in the Cemetery Operating
Fund shall be available each year
for appropriation for the purpose of
operating, maintaining, caring for,
improving and beautifying cemeteries of the City, or parts thereof.
(b) No moneys in the Cemetery
Operating Fund derived from the
Cleveland City Cemetery Endowment Fund or from trust funds or
from earnings attributable to the
cemeteries shall ever be transferred
or diverted to any other fund, or expended for any other purpose than
those specified in this section.
(c) The salaries of the employees
necessary for the cemeteries and
other expenses necessary for the
cemeteries, shall be payable from
the Cemetery Operating Fund.
Section 557.25
Plan of Mausoleums
The Commissioner of Park Maintenance and Properties shall at all
times keep in his office as a public
record a plan of every City mausoleum, which plan shall show and
clearly identify every crypt and
niche intended for use as a repository of human remains. Such plan
shall not be of any force or effect
for the purposes of this chapter
until and unless it is approved by
the Director of Parks, Recreation
and Properties. Such plan may be
altered, amended, supplemented or
superseded by only a like plan similarly approved, which shall specifically state the plan or particular
items of the plan intended to be
altered, amended, supplemented or
superseded.
Section 557.26
Vaults or Crypts
for Temporary Use
The Commissioner of Park Maintenance and Properties may designate upon the plan provided for in
Section 557.25 a sufficient number of
vaults or crypts for the purpose of
the temporary receipt and keeping
of human remains, pending their
permanent burial or placement in a
private crypt. No human remains not
intended for immediate burial or
placement in a private crypt shall
be placed or kept in any other place
in any City cemetery or mausoleum
than in the vaults or crypts designated as provided in this section.
The Commissioner shall have power
in each case to fix the rental for the
use of such temporary vault or
crypt, and to require the permanent
burial or placement in a private
crypt or other disposal of such
remains after a period deemed by
such Commissioner to be reasonable
in each case.
Section 557.27
Schedule of Mausoleum Prices
Prices at which crypts and niches
of City mausoleums shall be sold
shall be fixed by the Commissioner
of Park Maintenance and Properties
not later than the first offering of
any such crypt or niche for sale, in
the case of mausoleums hereafter
erected. The prices so fixed for all
of the crypts and niches shown on

2264

December 9, 2009
any plan shall be included in a single schedule, which shall clearly
identify each crypt or niche and the
price thereof. No schedule or amendment thereto shall be valid until the
approval of the Director of Parks,
Recreation and Properties and the
Director of Finance are endorsed
thereon, and until it is filed as a
public record in the office of the
Commissioner. Whenever any prices
so fixed are to be changed, it shall
be done only by amending such
schedule, or by adopting a new
schedule which shall supersede all
prior schedules applicable to such
plan.
Section 557.28
Determination of
Crypt or Niche Price
The price of each crypt or niche
shall be the sum of two items, namely:
(a) The land and capital cost,
which shall be determined upon a
basis corresponding in principal to
the basis established in Sections
557.09 and 557.10 for the determination of land cost in the case of cemetery lots; and
(b) The endowment cost, being
the contribution required to be made
to the Cleveland City Cemetery
Endowment Fund, which shall be
determined as established in Section
557.11. Each such item, and the total
price, shall be shown on the schedule hereinbefore required.
Section 557.31
Plats, Plans and
Records
The Commissioner of Park Maintenance and Properties shall prepare
and maintain correct plats, plans or
other records sufficient to show the
purchasers or holders of certificates
of purchase, or of other instruments
equivalent thereto, of all lots, crypts
and niches.
Section 557.33
Charges for Services
The Commissioner of Park Maintenance and Properties shall have
power to fix and determine charges
to be made for the use of City crematories, or for other services rendered for the cemeteries.
Section 557.34 Rules and Regulations
The Commissioner of Park Maintenance and Properties shall have
power to make and prescribe rules
and regulations not inconsistent
with any provisions of this chapter,
for the management and conduct of
the cemeteries and of any matters
relating to the administration thereof.
Section 557.35 Determining Costs
of Mausoleums
Wherever a City mausoleum is
combined in the same building with
a chapel, a crematory or other facilities not solely required for the mausoleum, the Commissioner of Park
Maintenance and Properties shall
have power in determining the land
and capital cost of such mausoleum
to exclude such portion of the total
cost of such entire building as may
represent the cost of such crematory, chapel and other facilities not
solely required for such mausoleum.

December 9, 2009
Section 557.36 Power to Decrease
Prices
Wherever the Commissioner of
Park Maintenance and Properties
determines that cemetery lots, mausoleum crypts or niches cannot be
sold at prices determined as provided in the foregoing sections of this
chapter, he shall have power, with
the approval of the Director of
Parks, Recreation and Properties, to
fix such less price as shall represent
the highest price reasonably obtainable, not less than the endowment
cost fixed as determined in this
chapter, and to diminish the land
cost or the land and capital cost in
such proportion as may be required.
No sale shall be made for less than
the determined endowment cost, and
the full amount of the endowment
cost shall in every case be paid into
the respective endowment funds as
in cases where the price is the full
sum required by this chapter.
Section 2. That the following
existing sections of the Codified
Ordinances of Cleveland, Ohio, 1976:
Section 557.03, 557.04, 557.06, and
557.07, as enacted by Ordinance No.
81865, passed April 2, 1928,
Section 557.08, as amended by
Ordinance No. 98793, passed April 20,
1933,
Section 557.09, as enacted by Ordinance No. 81865, passed April 2, 1928,
Section 557.11, as amended by
Ordinance No. 98793, passed April 20,
1933,
Sections
557.12,
557.13,
557.14,
557.15, 557.18 and 557.19, as enacted
by Ordinance No. 81865, passed April
2, 1928,
Section 557.20, as amended by
Ordinance No. 95202, passed July 27,
1931,
Sections 557.21 and 557.22, as
enacted by Ordinance No. 81865,
passed April 2, 1928,
Section 557.23, as amended by
Ordinance No. 98793, passed April 20,
1933,
Sections 557.25, 557.26, and 557.27,
as enacted by Ordinance No. 81865,
passed April 2, 1928,
Section 557.28, as amended by
Ordinance No. 98793, passed April 20,
1933,
Sections 557.31, 557.33, and 557.34,
as enacted by Ordinance No. 81865,
passed April 2, 1928,
Sections 557.35 and 557.36, as
amended by Ordinance No. 84157,
passed November 12, 1928, and
Section 557.99, as amended by
Ordinance No. 63410-A, passed September 22, 1924,
are repealed.
Section 3. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1709-09.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing the Director of Finance to enter
into one or more requirement contracts without competitive bidding
with Sprint Nextel Corporation for

The City Record
personal handheld devices with cellular capabilities, cellular devices with
direct
connect
capabilities,
pager
equipment, and accessories, wireless
connection cards, software, licenses,
upgrades with software and licenses,
maintenance, including replacements,
and monthly recurring service, for the
Division of Information Technology
and Services, Department of Finance,
for a period not to exceed one year,
with two one-year options to renew,
the first of which is exercised
through
additional
legislative
authority.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That this Council determines that the within commodities
are non-competitive and cannot be
secured from any source other than
Sprint Nextel Corporation. Therefore, the Director of Finance is
authorized to make one or more
written requirement contracts with
Sprint Nextel Corporation under the
Charter and the Codified Ordinances
of Cleveland, Ohio, 1976, for the
requirements for a period not to exceed one year with two one-year
options to renew, of the necessary
items of personal handheld devices
with cellular capabilities, cellular
devices with direct connect capabilities, pager equipment, and accessories, wireless connection cards,
software, licenses, upgrades with
software and licenses, maintenance,
including replacements, and monthly recurring service, to be purchased
by the Commissioner of Purchases
and Supplies on a unit basis, for the
Division of Information Technology
and
Services,
Department
of
Finance. The first of the one-year
options to renew may not be exercised without additional legislative
authority. If such additional legislative authority is granted and the
first of the one-year options to
renew is exercised, then the second
of the one-year options to renew
may be exercisable at the option of
the Director of Finance, without the
necessity of obtaining additional
authority of this Council.
Section 2. That the costs of the
contract
or
contracts
shall
be
charged against the proper appropriation accounts and the Director
of Finance shall certify the amount
of the initial purchase, which purchase, together with all later purchases, shall be made on order of
the Commissioner of Purchases and
Supplies under a requisition against
the contract or contracts certified by
the Director of Finance. (RL 181567)
Section 3. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1717-09.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing supplemental lease-purchase
agreements, hedge agreements and
other agreements relating to the
lease-purchase of the Cleveland Stadium; approving supplemental trust

2265

29
agreements and the issuance of
refunding certificates of participation; and authorizing and approving
related matters.
Whereas, pursuant to Ordinance
No. 305-96 passed by the Council of
the City on March 8, 1996, and for
the purpose of acquiring by leasepurchase the Cleveland Stadium, the
City signed and delivered a LeasePurchase Agreement dated as of
June 1, 1997 (as amended and supplemented, the “Facility Lease”)
between
the
Cleveland-Cuyahoga
County Port Authority (the “Authority”), as lessor, and the City, as
lessee, and approved a Trust Agreement dated as of June 1, 1997 (as
amended
and
supplemented,
the
“Trust Agreement”), between the
Authority and U.S. Bank National
Association, as trustee (the “Trustee”), pursuant to which the Trustee
signed and delivered various series
of Certificates (as defined in the
Trust Agreement), each such series
of Certificates evidencing proportionate interests in Base Rent (as
defined in the Facility Lease) to be
paid by the City pursuant to the
Facility Lease; and
Whereas, under the Trust Agreement, Additional Certificates (as
defined in the Trust Agreement)
may, with the approval of the City,
be issued to pay the cost of refunding outstanding Certificates; and
Whereas, this Council has determined to authorize the issuance of
Additional Certificates (“Refunding
Certificates”) under the Trust Agreement or the conversion of the interest rate on outstanding Certificates
to refund or restructure outstanding
Certificates and corresponding Base
Rent payments, as provided in this
Ordinance; and
Whereas, this ordinance constitutes an emergency measure providing for the refinancing of securities
of the City and providing for the
immediate preservation of the public peace, property, health or safety
in that authorizing the refunding
and restructuring of the outstanding
Certificates and related credit support, hedging arrangements and
other agreements is necessary to
enable the City to respond to market conditions on a timely basis to
obtain debt service savings or to
stabilize interest rates or to minimize risks of increased interest
expense or increased risks, burdens,
or other costs associated with hedging arrangements or credit support
instruments in connection with the
lease-purchase of the Cleveland Stadium, to mitigate burdensome schedules of Certificate Payments and
corresponding Base Rent payments
or to remove, avoid or mitigate burdensome covenants or costs of funding or maintaining reserves; now,
therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. Definitions. In addition
to the words and terms defined in
the Existing Trust Agreement and
Existing Facility Lease (as defined
in this Section), the following words
and terms shall have the following
meanings unless the context or use
clearly indicates another or different meaning or intent:
“Credit Support Instrument” means
an insurance policy, surety, letter of
credit, standby securities purchase
agreement or other credit enhancement, support or liquidity facility
used to enhance or provide for the
security or liquidity of any Certificates or Hedge Agreements.
“Existing Facility Lease” means
the Lease-Purchase Agreement dated
as of June 1, 1997, as supplemented
and amended by the First Supple-

30
mental Lease-Purchase Agreement
dated as of September 15, 1999, the
Second Supplemental Lease Purchase Agreement dated as of December 1, 2001, the Amended and Restated Third Supplemental Lease-Purchase Agreement dated as of October 1, 2007, and the Fourth Supplemental Lease-Purchase Agreement
dated May 29, 2008, each between
the Authority, as lessor, and the
City, as lessee.
“Existing Ground Lease” means
the Ground Lease dated as of June
1, 1997, as supplemented and amended
by
the
First
Supplemental
Ground Lease dated as of September
15, 1999 and the Second Supplemental Ground Lease dated as of December 1, 2001, each between the City,
as lessor, and the Authority, as
lessee.
“Existing Hedge Agreement” means
the ISDA Master Agreement, as supplemented and amended by the
Schedule, the Confirmation and the
Credit Support Annex, each dated
February 13, 2003 and between the
City and UBS AG.
“Existing Trust Agreement” means
the Trust Agreement dated as of
June 1, 1997, as supplemented and
amended by the First Supplemental
Trust Agreement dated as of September 15, 1999, the Second Supplemental Trust Agreement dated as of
October 1, 2007, and the Third Supplemental Trust Agreement dated
May 29, 2008, each between the
Authority and the Trustee.
“Facility Lease” means the Existing Facility Lease, as to be supplemented and amended from time to
time by a Supplemental Lease.
“Financial Advisor” means any
financial advisory firm or firms
retained by the Director of Finance
of the City, from time to time, pursuant to Section 11 of this Ordinance.
“Ground Lease” means the Existing Ground Lease, as to be supplemented and amended from time to
time by a Supplemental Ground
Lease.
“Hedge Agreement” means the
Existing Hedge Agreement and any
other hedging arrangement undertaken under Section 3 of this Ordinance.
“Original Purchasers” means, with
respect to each series of Refunding
Certificates, the financial institutions identified as such in the Purchase Agreement for that series.
“Outstanding Certificates” means,
as used in this Ordinance, Certificates from time to time outstanding
under the Trust Agreement. On the
date of introduction of this Ordinance, the Outstanding Certificates
(and the respective principal amounts
then currently outstanding) consisted of the following series of Certificates: Series 1999 ($10,625,410.00);
and Series 2007 ($108,390,000.00).
“Purchase Agreement” means, with
respect to a series of Refunding Certificates, the purchase agreement
among the City, the Authority, the
Trustee and the Original Purchasers
for that series or a representative of
those Original Purchasers, authorized under Section 7 of this Ordinance with respect to that series.
“Purchase
Price”
means,
with
respect to a series of Refunding Certificates, the amount specified in the
Purchase Agreement for that series
to be paid by the Original Purchasers for the purchase of those
Refunding
Certificates,
provided
that amount shall be not less than
(i) 97% of the amount determined
by adding to the aggregate principal amount of the Refunding Certificates
any
aggregate
original
issue premium and subtracting from

The City Record
that amount any aggregate original
issue discount and any premium or
other costs of any Credit Support
Instrument purchased from the proceeds of the Refunding Certificates,
plus (ii) any accrued interest on the
Refunding Certificates from their
date to the date of their delivery to
the Original Purchasers.
“Refunded Certificates” means, as
to each series of Refunding Certificates, the Outstanding Certificates
identified in the Supplemental Trust
Agreement as the Certificates to be
refunded with the proceeds of that
series of Refunding Certificates.
"Refunding
Certificates"
means the Certificates authorized by
this Ordinance to be issued under
the Trust Agreement in one or more
series for the purpose of refunding
one or more series of Outstanding
Certificates, or designated maturities (or portions of maturities)
thereof.
“Series 2007 Certificates” means
the Refunding Certificates of Participation, Series 2007 (Cleveland
Stadium Project) originally issued
under the Trust Agreement on October 11, 2007 and converted and
remarketed on May 29, 2008.
“Supplemental Ground Lease” means
each Supplemental Ground Lease,
and any Amended and Restated Supplemental Ground Lease or Amended and Restated Ground Lease between the City and the Authority,
delivered to supplement and amend
the Ground Lease, in connection
with the issuance of one or more
series of Additional Certificates or
the remarketing of any Outstanding
Certificates or the contracting for or
termination or replacement of any
Hedge Agreement or Credit Support
Instrument relating to any Certificates.
“Supplemental Lease” means each
Supplemental Lease-Purchase Agreement, Amended and Restated Supplemental
Lease-Purchase
Agreement, or Amended and Restated
Lease-Purchase Agreement between
the Authority and the City, delivered to supplement and amend the
Facility Lease, in connection with
the issuance of one or more series
of Additional Certificates or the
remarketing of any Outstanding
Certificates or the contracting for or
termination or replacement of any
Hedge Agreement or Credit Support
Instrument relating to any Certificates.
“Supplemental Trust Agreement”
means
each
Supplemental
Trust
Agreement, Amended and Restated
Supplemental Trust Agreement, or
Amended and Restated Trust Agreement between the Authority and the
Trustee, delivered to supplement
and amend the Trust Agreement, to
provide for the security and terms
of one or more series of Additional
Certificates or the remarketing of
any Outstanding Certificates or the
contracting for or termination or
replacement of any Hedge Agreement or Credit Support Instrument
relating to any Certificates.
“Trust
Agreement”
means
the
Existing Trust Agreement, as to be
supplemented and amended from
time to time by a Supplemental
Trust Agreement.
“Trustee” means the bank or trust
company at the time serving as
Trustee under the Trust Agreement,
currently U.S. Bank National Association.
Section 2. Determinations by Council. This Council finds and determines as follows:
(a) Public Purpose. The acquisition, financing and refinancing by
the City of the Cleveland Stadium
pursuant to the Ground Lease, the

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December 9, 2009
Facility Lease and the Trust Agreement and the use of the Cleveland
Stadium as a source of public relaxation and entertainment served and
serves a proper public municipal
purpose.
(b) Supplemental Ground Lease,
Supplemental Lease, Supplemental
Trust Agreement and Refunding
Certificates. It is necessary, proper
and in the best interest of the City
to authorize one or more Supplemental Ground Leases, Supplemental Leases and Purchase Agreements and approve one or more Supplemental Trust Agreements and the
issuance of Refunding Certificates
in one or more series for the purpose of refunding (i) one or more
series of the Outstanding Certificates or designated maturities (or
portions of maturities) thereof, to
obtain aggregate net present value
savings in Certificate Payments and
corresponding Base Rent payments
of not less than three percent (3%),
(ii) one or more series of Outstanding Certificates, or designated maturities (or portions of maturities)
thereof, that are short-term or variable-rate obligations and that the
Director of Finance has determined,
based on the written advice of a
Financial Advisor, are subjecting
the City to Base Rent payments the
interest components of which include undesirably high rates of
interest or undesirable fluctuations
in rates of interest, or are the subject of hedging arrangements or
credit support instruments that are
subjecting the City to increased
risks, burdens, or costs, and that
those effects can economically be
avoided or mitigated through refinancing, or (iii) one or more series
of Outstanding Certificates, or designated maturities (or portions of
maturities) thereof, that the Director of Finance has determined,
based on the written advice of a
Financial Advisor, are subjecting
the City to burdensome schedules of
Certificate
Payments
and
corresponding Base Rent payments or
burdensome covenants or costs of
funding or maintaining required
reserves, and that those burdens or
costs can be mitigated, removed or
avoided through refinancing
Separate series of Refunding Certificates may be issued at the same
or
different
times.
A
Purchase
Agreement, Supplemental Lease and
Supplemental Trust Agreement shall
be delivered for each series and may
be delivered for multiple series. A
Supplemental Ground Lease shall be
delivered for any series of Refunding Certificates with a final maturity later than the final maturity of
the then Outstanding Certificates.
This Council finds and determines
that the issuance of the Refunding
Certificates and signing and delivery of Supplemental Ground Leases,
Supplemental Leases and Purchase
Agreements and approval of Supplemental Trust Agreements in connection with such issuance for the
purpose provided in this Ordinance
serves a proper, public, municipal
purpose by reducing or stabilizing
or minimizing risks of increasing
the costs to the City of the leasepurchase of the Cleveland Stadium
which is a source of public relaxation and entertainment for the people of the City of Cleveland.
(c) Leased Premises. The Council
of the City found and determined at
the time of the authorization of the
Existing Facility Lease and approval of the Existing Trust Agreement and the Outstanding Certificates, and hereby reaffirms, that the
Leased Premises are essential to the
proper, efficient and economic operation of the City.

December 9, 2009
Section 3. Hedging Arrangements.
This Council finds that by engaging
in interest rate hedging arrangements with respect to the Facility
Lease and Certificates the City may
reduce its financing costs by optimizing the relative amounts of fixed
and variable rate obligations, or
minimizing the risk of variations in
its financing costs or minimizing
any risks, burdens, or costs associated with existing hedging arrangements, or obtaining savings by confirming rates of interest on Certificates in advance of their issuance.
To permit the City to have the flexibility to undertake with respect to
the Facility Lease and Certificates
interest rate swap, swaption, rate
cap, rate collar and other hedging
transactions, from time to time, and
to
establish
the
procedures
for
approving those transactions, this
Council authorizes the signing and
delivery of one or more instruments,
including amendments or supplements to or replacement of, through
assignment, transfer or novation,
the Existing Hedge Agreement or
other
then
existing
instruments
(each, a “Hedge Agreement”), and
any related agreements necessary
for the consummation of the transactions contemplated by each Hedge
Agreement. Those instruments may
be in the form of a master agreement of the International Swaps and
Derivatives Association, Inc., as supplemented and amended by a confirmation, schedule and credit support annex, as further amended to
conform to laws applicable to the
City and to contain terms recommended by a Financial Advisor as
in the City’s best interests, and as
approved by the Director of Law.
Those instruments may vary from
the terms of any existing Hedge
Agreements. The authorizations in
this Section are supplemental to and
not in derogation of any authority
provided by any other ordinance of
this Council concerning hedging
arrangements.
The City’s obligations under any
Hedge Agreement shall be subject
to appropriation and certification as
provided in the Facility Lease.
Those payments may be secured by
the Facility Lease, to the extent permitted by the Trust Agreement, all
as determined by the Director of
Finance and set forth in the Hedge
Agreement. The obligation of the
City to make payments under any
Hedge Agreement does not and
shall not represent or constitute a
general
obligation,
debt,
bonded
indebtedness or a pledge of the faith
and credit of the City or the State
of Ohio. Nothing gives any party to
any Hedge Agreement the right to
have excises, ad valorem or other
taxes levied by the City or the State
of Ohio for the payment of any
amounts due under any Hedge
Agreement.
Upon the determination of the
Director of Finance, based on the
written advice of a Financial Advisor, that it is to the financial advantage of the City and in the City’s
best
interests
that
a
hedging
arrangement be undertaken by the
City with respect to the Facility
Lease or any Outstanding Certificates, the Director of Finance may
authorize one or more interest rate
hedge transactions in accordance
with the applicable Hedge Agreement; provided that (a) the counterparty shall be rated at the time
of signing the Hedge Agreement not
lower than A or its equivalent by at
least one rating agency or its obligations under the Hedge Agreement
shall be guaranteed or insured by

The City Record
an entity rated at the time of signing the Hedge Agreement not lower
than A or its equivalent by at least
one rating agency, and (b) the term
of each hedge transaction shall not
exceed the final maturity of the Certificates to which the hedge relates.
The Director of Finance shall
negotiate the terms of each Hedge
Agreement with a counterparty satisfying the credit criteria in this
Ordinance. The City shall receive a
written opinion of a Financial Advisor that the payments made or to be
made by the counterparty to the
City, or by the City to the counterparty, shall be fair value for the
Hedge
Agreement,
considering,
among other things, the credit of
the counterparty and the terms and
conditions of the Hedge Agreement.
The Director of Finance shall determine the terms and conditions of the
Hedge Agreement, including without limitation, the rates to be paid
by the counterparty to the City and
by the City to the counterparty
under the Hedge Agreement, the
time or times and procedures for the
exercise by the counterparty or the
City, as the case may be, of any
option under the Hedge Agreement,
and whether the obligations of the
City under the Hedge Agreement
shall be secured by a Credit Support
Instrument and, if so, the terms and
conditions of such Credit Support
Instrument. The approval of each
interest rate hedge transaction by
the Director of Finance shall be conclusively evidenced by the signing
and
delivery
of
the
applicable
Hedge Agreement by the Director of
Finance. The Director of Finance is
further authorized to terminate any
Hedge Agreements or any Credit
Support
Instrument
securing
a
Hedge Agreement if the Director of
Finance determines, based on the
written advice of a Financial Advisor, that the City’s best interests
will be served by such termination.
Any payments owed by the City
upon termination of a Hedge Agreement may be paid from the proceeds
of Refunding Certificates or from
Fund Nos. 67 SF 600 and 01 SF 001
or from other money lawfully available and appropriated or to be
appropriated for that purpose, as
determined
by
the
Director
of
Finance.
In the event the Director of
Finance determines, based on the
written advice of a Financial Advisor, that it is necessary to supplement or amend the Facility Lease or
the Trust Agreement in connection
with any Hedge Agreement or termination of any Hedge Agreement,
the Mayor and the Director of
Finance are authorized to sign and
deliver a Supplemental Lease and to
signify approval of the Supplemental Trust Agreement, approved as to
form by the Director of Law.
Section 4. Credit Support Instruments. The Director of Finance is
authorized to contract from time to
time for one or more Credit Support
Instruments for any series of Outstanding Certificates or any Hedge
Agreement if the Director determines, based on the written advice
of a Financial Advisor, that the
Credit Support Instruments will result in savings to the City, will stabilize interest rates or minimize the
risk of increased interest expense
on or increased risks, burdens, or
other costs associated with hedging
arrangements or reserve requirements relating to those Certificates.
The Director of Finance is further
authorized to agree to the amendment, replacement, assignment or
termination of any such contract if
the Director of Finance determines,

2267

31
based on the written advice of a
Financial Advisor, that the City’s
best interests will be served by such
amendment,
replacement,
assignment or termination. In the event
the Director of Finance determines,
based on the written advice of a
Financial Advisor, that it is necessary to supplement or amend the
Ground Lease, Facility Lease or the
Trust Agreement in order to permit
the use of or to amend, replace,
assign or terminate a Credit Support
Instrument,
the
Mayor
and
the
Director of Finance are authorized
to sign and deliver a Supplemental
Ground Lease or a Supplemental
Lease or both and to signify approval of the Supplemental Trust
Agreement, approved as to form by
the Director of Law. The cost of
obtaining, amending, replacing, assigning or terminating each Credit
Support Instrument, except to the
extent paid by the Original Purchasers in accordance with the Purchase Agreement or the remarketing
agent in accordance with a remarketing agreement, shall be paid
from the proceeds of Refunding Certificates or the proceeds of remarketing or from Fund Nos. 67 SF 600
and 01 SF 001 or from other money
lawfully available and appropriated
or to be appropriated for that purpose.
Section 5. Refunding of Certificates;
Escrow
Agreements.
The
Director of Finance is authorized to
sign and deliver, in the name and
on behalf of the City, one or more
escrow agreements between the City
and the Trustee, as escrow trustee,
providing for, among other matters:
the
investment
and
holding
in
escrow of the proceeds of Refunding
Certificates to be applied to the
refunding of Refunded Certificates;
the
application
of
the
moneys
derived from those investments to
the payment of the Certificate Payments on Refunded Certificates, and
the irrevocable call for redemption
of Refunded Certificates to be called
for redemption prior to maturity.
The Director of Finance shall provide for the payment of the services
rendered and for reimbursement of
expenses incurred pursuant to each
escrow agreement from proceeds of
Refunding Certificates to the extent
available and then from Fund Nos.
67 SF 600 and 01 SF 001 or from
other money lawfully available and
appropriated or to be appropriated
for that purpose, as determined by
the Director of Finance. Provision
shall be made in each escrow agreement to give the Trustee any written notice of redemption required
under the Trust Agreement. The
Director of Finance and other appropriate City officials shall sign all
documents
and
take
all
other
actions necessary or appropriate on
the part of the City to effect each
such refunding in accordance with
the Trust Agreement and to cause
the Refunded Certificates to be
deemed paid and discharged, including without limitation, the retention
of an independent public accounting
firm to verify the mathematical
accuracy of the calculations relating
to the escrow. Upon the issuance
and delivery of a series of Refunding Certificates, the Trustee and the
City are authorized to disburse from
the Funds established and maintained under the Trust Agreement
such amounts of moneys as are in
excess of the balances required by
the Trust Agreement to then be
maintained in those Funds. The
Director of Finance is authorized to
give written notice to the Trustee of
the call for redemption of the
Refunded Certificates on the earli-

32
est redemption date following the
issuance of the Refunding Certificates, pursuant to the Trust Agreement and the applicable escrow
agreement.
Section 6. Determination of Base
Rent and Terms of Refunding Certificates; Application of Proceeds.
(a) Principal Components and
Term. Upon the determination of the
Director of Finance, based on the
written advice of a Financial Advisor, that it is in furtherance of one
or more of the purposes set forth in
Section 2(b) of this Ordinance that
one or more series of Refunding Certificates be issued to refund Outstanding Certificates, the Director of
Finance is authorized to negotiate
and provide for the terms of the
Refunding Certificates and the Base
Rent, as amended pursuant to a Supplemental Lease, including the final
Lease Term, which shall end not
later than the final maturity of the
Outstanding Certificates, and the
annual
and
aggregate
principal
components of Base Rent. The principal amount of each series of
Refunding Certificates and the corresponding principal component of
Base Rent is to be the amount set
forth in the Purchase Agreement for
that series and shall be the amount
determined
by
the
Director
of
Finance,
based
on
the
written
advice of a Financial Advisor, to be
necessary (i) to pay the costs of
refunding the Refunded Certificates,
(ii) to fund any reserves required
under the Trust Agreement, (iii) to
pay costs of any Credit Support
Instruments, (iv) to pay identified
amounts owed under Hedge Agreements, and (v) to pay costs of issuing the Refunding Certificates. The
Refunding
Certificates
of
each
series shall mature on the dates and
in the respective principal amounts
set forth in the Purchase Agreement
for that series, consistent with this
Ordinance and the Trust Agreement.
(b) Interest. The Refunding Certificates may be issued as obligations bearing interest at fixed or
variable interest rates, based on the
determination of the Director of
Finance as to the financial advantage to, and best interests of, the
City, as specified in the Purchase
Agreement.
If
the
Director
of
Finance so determines, then the
method and procedure by which the
variable rate of interest to be borne
by the Refunding Certificates shall
be determined as provided in the
applicable
Supplemental
Trust
Agreement, whether by reference to
a market index, by a remarketing
agent or otherwise; provided that no
Refunding Certificates shall bear
interest at a rate in excess of twenty-five
percent
(25%)
per
year
(including any Refunding Certificate held by a provider of a Credit
Support Instrument). The Director
of Finance may determine that the
terms of a variable rate series of
Refunding Certificates may or may
not permit the holders to tender
their variable rate Refunding Certificates for purchase by the City. If
the Director of Finance designates
any series of Refunding Certificates
as variable rate Certificates, and if
the holders of that series of Refunding Certificates are to be entitled to
tender those Certificates for purchase, then the Director of Finance
shall also designate in the Purchase
Agreement for those variable rate
Certificates (and may designate others, from time to time, in substitution therefor), the tender agent or
agents and the remarketing agent
or agents, which designations shall
be based on the determination of the
Director of Finance, based on the

The City Record
written advice of a Financial Advisor, that the parties so designated
possess the requisite resources and
experience to provide the services
required of them and that the terms
on which the designated parties
have agreed to provide such services are fair and commercially reasonable.
(c) Optional and Mandatory Redemption. The Refunding Certificates of each series, and the corresponding principal component of
Base Rent, may be subject to redemption prior to maturity at the
option of the City, if and to the
extent set forth in the Purchase
Agreement for that series. Any Refunding Certificates so determined
to be subject to optional redemption
and maturing by their stated terms
after the earliest optional redemption date shall be subject to redemption at the option of the City on or
after the earliest optional redemption date in whole or in part on any
date at the redemption prices set
forth in the Purchase Agreement
and in accordance with the applicable Supplemental Trust Agreement.
The Refunding Certificates designated in the Purchase Agreement as
term Certificates subject to mandatory sinking fund redemption shall
be redeemed prior to maturity on
each mandatory redemption date
designated in the Purchase Agreement in the aggregate amount of
the sinking fund installment to be
paid on such mandatory redemption
date, all as provided in the Purchase
Agreement and in accordance with
the Supplemental Trust Agreement.
(d) Credit Support and Other Instruments. The Director of Finance,
regardless of whether a series of
Refunding Certificates bears interest at variable or fixed rates, is
authorized to contract for one or
more Credit Support Instruments, if
the Director of Finance determines,
based on the written advice of a
Financial Advisor, that the Credit
Support Instruments will result in a
savings in the cost of the financing
to the City or will stabilize interest
rates
or
minimize
the
risk
of
increased interest expense in connection with the Facility Lease and
the Certificates. The costs of such
Credit Support Instruments may be
paid from proceeds of Refunding
Certificates or from Fund Nos. 67 SF
600 and 01 SF 001 or from other
money lawfully available and appropriated or to be appropriated for
that purpose, as determined by the
Director of Finance. The Director of
Finance is authorized to enter into
agreements in connection with the
delivery of the Refunding Certificates, and from time to time thereafter so long as the Refunding Certificates
are
outstanding,
with
providers of Credit Support Instruments, tender agents (which may be
the Trustee), remarketing agents
(which may be any of the Original
Purchasers) and others as may be
determined
by
the
Director
of
Finance to be necessary or appropriate to provide for the method of
determining the variable interest
rates, permitting holders the right
of tender and providing for payment
of the purchase price of, or Certificate Payments on, the variable rate
Refunding Certificates.
(e) Base Rent. The City acknowledges that the aggregate principal
amount of Outstanding Certificates
shall be based on the aggregate
principal component of Base Rent
under the Facility Lease and that
the interest on the Certificates shall
be based on the interest components
of Base Rent. The Base Rent to be
payable under and in accordance

2268

December 9, 2009
with the Facility Lease during any
Lease Term shall be an amount sufficient to cover the amount of Certificate Payments on the Outstanding Certificates that are due and
payable during that Lease Term,
and such Base Rent shall be specified or determined in an exhibit to
the Facility Lease; provided, however, that the City's payment of Base
Rent and Additional Rent is Subject
to Appropriation and Certification
as provided in the Facility Lease
and nothing in the Facility Lease,
the Certificates, the Trust Agreement, or any Hedge Agreement constitutes or shall constitute a pledge
by the City, or an obligation of the
City, of any taxes or other moneys
to the payments due thereunder.
(f) Primary Offering Disclosure.
If, in the judgment of the Director
of Finance after consultation with
the Original Purchasers, a disclosure document is appropriate relating to the initial offering of one or
more series of Refunding Certificates, the Director of Finance, on
behalf of the City and in that officer's official capacity, is authorized
to (i) cooperate with the Original
Purchasers in the preparation of,
and the making of modifications,
completions or changes of or supplements to, such a disclosure document, (ii) determine, and certify or
otherwise represent when the disclosure document is to be deemed
final or is final, (iii) authorize the
use and distribution of that disclosure document and any supplements
thereto in connection with the initial offering of the applicable series
of Refunding Certificates, and (iv)
sign certificates, statements or other
documents in connection with the
finality, accuracy and completeness
of that disclosure document. The
Director of Finance is authorized to
contract for services for the production and distribution of any disclosure statements, including by printed and electronic means.
(g) Continuing Disclosure. If and
to the extent required by Rule 15c212 promulgated by the Securities
and Exchange Commission (“SEC”)
or by a Purchase Agreement in connection with the sale of one or more
series of Refunding Certificates or
by a remarketing agreement in connection with remarketed Certificates, the City shall enter into continuing
disclosure
agreements,
approved as to form and correctness
by the Director of Law, between the
City and the Trustee, with terms not
inconsistent with this Ordinance and
as may be approved by the officers
signing those agreements on behalf
of the City, all of which shall be
conclusively evidenced by that signing. In each such continuing disclosure agreement, the City shall agree
to provide, or cause to be provided,
financial information and operating
data,
financial
statements
and
notices in such manner as may be
required for purposes of that Rule.
The Director of Finance is authorized to sign and deliver each continuing disclosure agreement and
any related agreements, certificates
and other instruments, and to deliver such information, as may be necessary or appropriate to comply
with the requirements of the Rule.
The City understands and agrees
that those commitments are intended to be for the benefit of the holders from time to time of the applicable series of Refunding Certificates, including holders of bookentry interests in those Certificates.
(h) Application for Ratings. If, in
the judgment of the Director of
Finance, the filing of applications

December 9, 2009
for one or more ratings on Refunding Certificates by one or more
nationally recognized rating agencies is necessary or desirable for
marketing purposes, the Director of
Finance is authorized to prepare
and submit those applications, and
to provide information as may be
required in support of those applications for the purpose. The cost of
obtaining each such rating, except
to the extent paid by the Original
Purchasers in accordance with the
Purchase Agreement, shall be paid
from the proceeds of the Refunding
Certificates to the extent available
and then from other money lawfully available and appropriated or to
be appropriated for that purpose.
(i) Application of Proceeds; Costs
of Issuance. The proceeds from the
sale of the Refunding Certificates
shall be deposited and applied as
provided in the Supplemental Indenture and for the purposes stated in
this Ordinance and are appropriated
for those purposes. Costs of issuing
the Refunding Certificates that are
not paid from those proceeds may be
paid from Fund Nos. 67 SF 600 and
01 SF 001 or from other money lawfully available and appropriated or
to be appropriated for that purpose,
as determined by the Director of
Finance.
Section 7. Sale of the Refunding
Certificates; Purchase Agreements.
The Director of Finance shall sign
and deliver Purchase Agreements
for Refunding Certificates setting
forth the conditions for delivery of
the Refunding Certificates that are
consistent with this Ordinance and
the Trust Agreement and that are
determined
by
the
Director
of
Finance,
based
on
the
written
advice of a Financial Advisor, to be
customary for lease certificates of
participation issued by governmental entities, including, without limitation, representations as to the
accuracy and completeness of information contained in the disclosure
document described in Section 6 of
this Ordinance. In the event the
Refunding Certificates are issued in
more than one series sold at different times, a separate Purchase
Agreement shall be signed and
delivered for each separately delivered series. The Purchase Agreement shall provide for the sale of
the applicable series of Refunding
Certificates to the Original Purchasers selected by the Director of
Finance and identified in the Purchase Agreement, based on an evaluation of the qualifications of firms
that have proposed to underwrite
the Refunding Certificates.
Each Purchase Agreement shall
set forth the following, based on the
written advice of a Financial Advisor, consistent with this Ordinance
and the Trust Agreement:
(a) the aggregate principal amount
of Refunding Certificates issued;
(b) the Purchase Price for the Refunding Certificates;
(c) whether any Refunding Certificates are to be subject to optional redemption prior to maturity, and,
if so, the earliest optional redemption date for those Refunding Certificates subject to prior redemption,
which shall be not later than ten
years from the first interest payment date of the applicable series,
and the applicable redemption price,
which shall be not greater than
102% of the principal amount redeemed;
(d) the dates on which principal
of the Refunding Certificates is to
be paid, which shall be not later

The City Record
than thirty-five (35) years from
their respective dates of issuance,
with an identification of whether
the payment is due by stated maturity or by mandatory sinking fund
redemption of Refunding Certificates of a particular maturity;
(e) the interest rates to be borne
by Refunding Certificates bearing
interest at a fixed rate, the weighted average of which shall not exceed eight percent (8%) as to Refunding Certificates of any series,
and the method by which the interest rate is to be determined for Refunding Certificates bearing interest
at variable rates, consistent with
Section 6;
(f) the particular Outstanding
Certificates or portions thereof to be
Refunded Certificates;
(g) the title and series designation for the Refunding Certificates;
(h) the amount, if any, of proceeds of the sale of the Refunding
Certificates to be deposited in the
Reserve Account in order to cause
the balance therein to equal the
Reserve Requirement, if and to the
extent required by the applicable
Supplemental Trust Agreement, and
any determination as to whether
there shall be a special reserve fund
for the Refunding Certificates of
any series, separate from the common Reserve Account, or a surety or
insurance policy, bank letter or line
of credit, or other form of credit or
liquidity
facility
enhancing
the
security for Refunding Certificates
of that series in lieu of a funded
reserve fund;
(i) whether any Refunding Certificates are to be secured by or
payable
from
a
Credit
Support
Instrument.
It is determined that the terms of
the Refunding Certificates and the
corresponding terms of Base Rent as
so determined within the limitations
set forth in this Ordinance and as
so specified and set forth in the Purchase Agreement will be in the best
interest of the City and consistent
with all legal requirements.
Section 8. Remarketing. In the
event that the Director of Finance
determines, based on the written
advice of a Financial Advisor, that
it is advantageous to the City to
convert the interest on any Outstanding Certificates bearing interest at variable rates to fixed interest rates for a period of time or to
maturity or to convert to a different
variable rate period or mode, or to
terminate or take other actions with
respect to any existing Credit Support Instrument that will require a
tender and remarketing of any Outstanding
Certificates
under
the
Trust Agreement (such conversion
or other actions and the tender and
remarketing being collectively referred to in this Section as “remarketing”), the City shall undertake
the remarketing of those Certificates in accordance with the Trust
Agreement. In connection with any
remarketing
of
Certificates,
the
Director of Finance is authorized to
obtain one or more Credit Support
Instruments if the Director determines, based on the written advice
of a Financial Advisor, that the
Credit Support Instrument will facilitate the remarketing of the Certificates. In the event the Director of
Finance determines, based on the
written advice of a Financial Advisor, that it is necessary in connection with the remarketing to supplement
or
amend
the
Facility
Lease, the Ground Lease or the
Trust Agreement in order to address

2269

33
current market conditions or to permit the use of or to terminate a
Credit Support Instrument or to otherwise obtain financing arrangements advantageous to the City, the
Mayor and the Director of Finance
are authorized to sign and deliver a
Supplemental Lease and a Supplemental Ground Lease and to signify
approval of the Supplemental Trust
Agreement, approved as to form by
the Director of Law. The Director of
Finance is further authorized to satisfy
any
special
reserve
fund
requirement for the series of Certificates to be remarketed, by the
deposit of a Credit Support Instrument in lieu of cash, as permitted
and more specifically provided in
the Trust Agreement, and to apply
cash released from such special
reserve fund to the payment of costs
of remarketing. To the extent the
costs of remarketing are not paid
from any cash released from such
special reserve fund, those costs
may be paid, as determined by the
Director of Finance, from the proceeds of remarketing or from Fund
Nos. 67 SF 600 and 01 SF 001 or from
other money lawfully available and
appropriated or to be appropriated
for that purpose. The Director of
Finance is authorized to prepare one
or more disclosure documents in connection with any remarketing under
the same terms and conditions as
set forth in Section 6 of this Ordinance with respect to the issuance
of
Refunding
Certificates.
The
Director of Finance or any other
officer of the City having responsibility for the remarketing of Certificates is authorized to take such
actions or cause to be taken such
actions as are necessary to obtain
and maintain the desired tax status
of any Outstanding Certificates, and
the covenants and authorizations in
Section 10 of this Ordinance shall
apply to any converted Certificates.
The Director of Finance and other
City officials are authorized to sign
and deliver such instruments, certificates and documents as are necessary or appropriate to consummate the transactions authorized by
this
Section.
The
Director
of
Finance, the Director of Law and
other City officials, as appropriate,
are authorized to make the necessary arrangements on behalf of the
City to establish the date, location,
procedure and conditions for the
remarketing of Certificates and to
take all actions necessary to effect
the
remarketing
of
Certificates
under the terms of this Ordinance,
the Facility Lease and the Trust
Agreement. The Clerk of Council or
other appropriate official of the City
shall furnish the Trustee a true
transcript of proceedings certified
by the Clerk or other official, of all
proceedings had with reference to
the
remarketing
of
Certificates
along with such information for the
records as is necessary to determine
the validity of the remarketing.
Section 9. Authorization of Supplemental Ground Leases, Supplemental Leases and Supplemental
Trust Agreements; Additional Documents. In connection with the issuance of any series of Refunding Certificates, the Mayor and the Director of Finance are authorized, in the
name and on behalf of the City, to
sign and deliver one or more Supplemental Leases and, if necessary
or appropriate in connection with
that issuance, one or more Supplemental Ground Leases, and to signify approval of one or more Supplemental Trust Agreements, ap-

34
proved as to form by the Director of
Law, and not inconsistent with this
Ordinance and the Purchase Agreement. The determination by those
officers that a Supplemental Lease,
Supplemental Ground Lease or Supplemental Trust Agreement is not
inconsistent with this Ordinance
shall be conclusively evidenced by
the signing and delivery of that
Supplemental Lease, Supplemental
Ground Lease or Supplemental Trust
Agreement by those officers. Subject
to the Facility Lease as theretofore
amended, any Supplemental Lease
may contain amendments to the
Facility
Lease,
as
theretofore
amended, and, subject to the Trust
Agreement as theretofore amended,
any Supplemental Trust Agreement
may contain amendments to the
Trust Agreement, as theretofore
amended, to permit the City increased flexibility for the use of
financial or credit structures and
techniques determined by the Director of Finance, based on the written
advice of a Financial Advisor, to be
in the best interests of the City.
The
Mayor,
the
Director
of
Finance, the Clerk, the Director of
Law and other City officials are
authorized to sign and deliver such
instruments, certificates and documents as are necessary or appropriate to consummate the transactions
authorized by this Ordinance, the
Purchase Agreements, the Supplemental Ground Leases, the Supplemental Leases, the Supplemental
Trust
Agreements,
the
Ground
Lease, the Facility Lease, the Trust
Agreement, the escrow agreements
and the Hedge Agreements.
The
Mayor,
the
Director
of
Finance, the Director of Law and
other City officials, as appropriate,
are authorized to make the necessary arrangements on behalf of the
City to establish the date, location,
procedure and conditions for the
delivery of each series of Refunding
Certificates to the Original Purchasers and to take all actions necessary to effect due signing, authentication and delivery of each series
of Refunding Certificates under the
terms of this Ordinance, the Supplemental Leases, the Supplemental
Ground Leases, the Supplemental
Trust Agreements, the Purchase
Agreements and the Trust Agreement. The Clerk of Council or other
appropriate official of the City shall
furnish the Original Purchasers a
true transcript of proceedings certified by the Clerk or other official,
of all proceedings had with reference to the issuance of the Refunding Certificates along with such
information for the records as is
necessary to determine the regularity and validity of the issuance of
the Refunding Certificates.
Section 10. Tax Covenants. Upon
the determination of the Director of
Finance,
based
on
the
written
advice of a Financial Advisor, that
it is to the financial advantage of
the City and in the City’s best interests that all or a portion of a series
of Refunding Certificates or remarketed
Certificates
be
issued
or
remarketed as obligations the interest on which is excluded from gross
income for federal income tax purposes, the Director of Finance, as
the fiscal officer, or any other officer having responsibility for the
issuance of Refunding Certificates
or remarketing of Certificates, is,
alone or in conjunction with any of
the foregoing or with any other officer or employee of the City, authorized to cooperate with the Original

The City Record
Purchasers or remarketing agents
and the Trustee by making, on
behalf of the City, such covenants
and representations in the Facility
Lease as are appropriate and necessary so that (a) the Facility Lease
and the Certificates of any series
will not (i) constitute private activity bonds, arbitrage bonds or hedge
bonds under Sections 141, 148 or 149
of the Code or (ii) be treated other
than as obligations to which Section
103(a) of the Code applies, and (b)
the interest components of Base
Rent and interest on the Certificates
will not be treated as an item of tax
preference under Section 57 of the
Code.
The Director of Finance, as the
fiscal officer, or any other officer of
the City having responsibility for
the issuance of Refunding Certificates or remarketing of Certificates
is hereby authorized (a) to make or
effect any election, selection, designation, choice, consent, approval, or
waiver on behalf of the City with
respect to the Facility Lease and the
Certificates as the City is permitted
to or required to make or give under
the federal income tax laws for the
purpose of assuring, enhancing or
protecting favorable tax treatment
or status of the Facility Lease and
the Certificates or the interest components thereof or assisting compliance with requirements for that purpose,
reducing
the
burden
or
expense of such compliance, reducing the rebate amount or payments
or penalties, or making payments of
special amounts in lieu of making
computations to determine, or paying, excess earnings as rebate, or
obviating those amounts or payments, as determined by that officer,
which action shall be in writing and
signed by the officer, (b) to take
any and all other actions, make or
obtain calculations, make payments,
and make or give reports, covenants
and certifications of and on behalf
of the City, as may be appropriate
to assure the intended tax status of
the Facility Lease and the Certificates, and (c) to give one or more
appropriate certificates of the City,
for inclusion in the transcript for
the Certificates, setting forth the
reasonable expectations of the City
regarding the amount and use of all
the proceeds from the sale of the
Certificates, the facts, circumstances
and estimates on which they are
based, and other facts and circumstances relevant to the tax status of
the Facility Lease and the Certificates.
The City hereby covenants it will
take or cause to be taken such
actions that may be required of it
for the interest components of Base
Rent and interest on the Certificates
to achieve and maintain the intended treatment and status for federal
income tax purposes and that it will
not take or authorize to be taken
any actions that would adversely
affect that treatment and status.
Each covenant made pursuant to
this Section with respect to a series
of Certificates is also made with
respect to all issues any portion of
the principal of or interest on which
is paid from proceeds of that series
of Certificates (and, if different, the
original issue and any refunding
issues in a series of refundings), to
the extent such compliance is necessary to assure the tax status of
the Certificates of that series, and
the officers identified above are
authorized to take actions with
respect to those issues as they are
authorized in this Section to take

2270

December 9, 2009
with respect to the Certificates of
that series.
Section 11. Financial Advisor. The
Director of Finance may obtain the
services of one or more Financial
Advisors, from time to time, to
assist the Director of Finance in
making any of the determinations
required by this Ordinance to be determined by the Director of Finance
or to negotiate any Hedge Agreements. The Director of Finance may
rely on the written advice of any
Financial Advisor so retained. Any
Financial Advisor or consultant employed under the authority of this
Ordinance shall be disinterested in
the transaction and be independent
of the underwriters or counterparties and any other party interested
in the transaction.
Section 12. Appointment of Successor Trustee. The Director of
Finance is authorized to appoint a
successor Trustee in the event that
the current Trustee, U.S. Bank,
National Association, shall resign or
be removed, or be dissolved or otherwise become incapable of acting
as Trustee under the Trust Agreement, or in case it shall be taken
under the control of any public officer or officers or of a receiver
appointed by a court, in accordance
with the Trust Agreement.
Section 13. Captions, Headings,
and Section References. The captions and headings in this Ordinance
are solely for convenience of reference and in no way define, limit, or
describe the scope or intent of any
Sections, subsections, paragraphs,
subparagraphs, or clauses hereof.
Reference to a Section means a section of this Ordinance unless otherwise indicated.
Section 14. Interpretation. Any provisions of the Codified Ordinances
of the City which are inconsistent
with the provisions of this Ordinance shall not apply to the Certificates or matters authorized herein. Northing in this Ordinance is
intended to, and no provision hereof
shall be applied in any manner as
would, impair the obligation of contract of the City with respect to any
outstanding bonds, certificates of
indebtedness,
other
obligations,
indentures, or other agreements or
contracts made or entered into by
the City.
Section 15. Validity. This Council
finds and determines that this Ordinance was passed in compliance
with all applicable provisions of the
City’s Charter and the rules of this
Council.
Section 16. Severability. Each section of this Ordinance and each subdivision or paragraph of any section
is hereby declared to be independent, and the finding or holding of
any section or any subdivision or
paragraph of any section to be
invalid or void shall not be deemed
or held to affect the validity of any
other section, subdivision or paragraph of this Ordinance.
Section 17. Compliance with Open
Meeting Requirements. This Council
finds and determines that all formal
actions of this Council and any of
its committees concerning and relating to the passage of this Ordinance
were taken in an open meeting of
this Council or committees, and that
all deliberations of this Council and
any of its committees that resulted
in those formal actions were in
meetings open to the public, all in
compliance with the law.
Section 18. Sunset of Authorization. The authority granted by this
Ordinance shall expire two years

December 9, 2009
from the effective date of this Ordinance. If a preliminary disclosure
document
with
respect
to
the
issuance of a series of Refunding
Certificates is distributed under the
authority of this Ordinance at any
time within the two-year period following its effective date, then the
authority granted by this Ordinance
shall not expire as to that series of
Refunding Certificates. The Director
of Finance shall notify the Chairman of the Finance Committee and
the Clerk of this Council of the initiation of the issuance of any
Refunding Certificates under the
authority of this Ordinance.
Section
19.
Refinancing.
This
Council finds and determines that
this is an Ordinance providing for
the refinancing of bonds, notes or
other securities of the City within
the meaning of Section 64 of the
City Charter.
Section 20. Emergency. This ordinance is declared to be an emergency measure and, provided it
receives the affirmative vote of twothirds of all the members elected to
Council, it shall take effect and be
in force immediately upon its passage and approval by the Mayor;
otherwise, it shall take effect and
be in force from and after the earliest period allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1718-09.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing the issuance and sale of revenue refunding bonds to refund outstanding revenue bonds of the core
city program for economic and community development in the City and
authorizing related matters.
Whereas, under authority of Sections 13 and 16 of Article VIII of the
Ohio Constitution, Chapter 165 of the
Ohio Revised Code, and Ordinance
No. 1982-02, passed by this Council
on June 10, 2003, the City established the Core City Fund Program
for economic and community development projects in the City, and to
provide funds for the Program the
City issued revenue bonds under the
Trust Indenture described in Section
1; and
Whereas, this Council has determined to authorize the issuance by
the City of refunding bonds under
the terms and conditions of this
Ordinance and the Trust Indenture
to refund the Outstanding Bonds
identified in Section 1, or designated portions thereof; and
Whereas, this ordinance constitutes an emergency measure providing for the refinancing of bonds of
the City and providing for the immediate preservation of the public
peace, property, health, or safety in
that authorizing the refunding of
the Outstanding Bonds is necessary
to enable the City to respond to market conditions on a timely basis to
obtain debt service savings or other
advantages as described in Section
2; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. Definitions. In addition
to the words and terms defined in
the Trust Indenture or elsewhere in
this Ordinance, including its preambles, unless the context or use clearly indicates another or different
meaning or intent:
“Bonds” means the Outstanding
Bonds until provision is made for
their
refunding,
the
Refunding
Bonds when issued, and any Addi-

The City Record
tional Bonds outstanding under the
Trust Indenture.
“Certificate of Award” means the
certificate authorized by Section 3,
to be executed by the Director of
Finance, setting forth and determining those terms or other matters
pertaining to the Refunding Bonds
and their amount, issuance, sale and
delivery as this Ordinance requires
or authorizes to be set forth or
determined in it.
“Credit Support Instrument” means
an insurance policy, surety, letter of
credit, standby bond purchase agreement or other credit enhancement,
support or liquidity device used to
enhance the security or liquidity for
the Bonds.
“Financial Advisor” means any
financial advisory firm or firms
retained by the Director of Finance
of the City, from time to time, pursuant to Section 13.
“Net Project Revenues” means
Revenues, if any, remaining and
available to pay debt charges on the
Refunding Bonds after the application by the City of the Revenues to
make grants or loans for additional
economic development projects in
the City.
“Nontax Revenues” means all moneys of the City which are not moneys raised by taxation, to the extent
available for the purpose of paying
debt charges on the Bonds, including, but not limited to the following:
(a) grants from the United States of
America and the State; (b) payments in lieu of taxes now or hereafter authorized by State statute;
(c) fines and forfeitures which are
deposited in the City’s General
Fund; (d) fees deposited in the
City’s General Fund for services provided and from properly imposed
licenses and permits; (e) investment
earnings
on
the
City’s
General
Fund; (f) investment earnings on
other funds of the City that are
credited to the City’s General Fund;
(g) proceeds from the sale of assets
which are deposited in the City’s
General Fund; (h) gifts and donations; and (i) all rental payments
which are deposited in the City’s
General Fund.
“Outstanding Bonds” means the
City’s Taxable Economic and Community Development Revenue Bonds
(Core City Fund) issued and outstanding, from time to time, under
the Trust Indenture, currently consisting of the Series 2004 Bonds
issued on November 10, 2004 in the
original
principal
amount
of
$19,280,000 and the City’s Series 2008
Bonds issued on July 24, 2008 in the
original
principal
amount
of
$28,160,000 to refund the Series 2003
Bonds.
“Proceedings” means, collectively,
this Ordinance, the Certificate of
Award, the Trust Indenture, and
such other proceedings of the City,
including the Refunding Bonds, that
provide collectively for, among other
things, the rights of holders and
beneficial owners of the Refunding
Bonds.
“Program Funds” means Fund
Nos. 10 SF 504, 10 SF 540, 10 SF 541,
10 SF 542, 10 SF 544, 10 SF 545 and
10 SF 546.
“Refunding Bonds” means the Refunding Bonds authorized by this
Ordinance.
“Revenues” means the rentals, revenues, payments, repayments, income, charges, and moneys derived
or to be derived from the use, lease,
sublease, rental, sale, including installment sale or conditional sale, or
other disposition of individual Pro-

2271

35
jects, or derived or to be derived
from a loan made for a Project.
“Supplemental Trust Indenture”
means an agreement between the
City and the Trustee supplemental
to the Trust Indenture.
“Trust Indenture” means the Trust
Indenture dated as of December 15,
2003, as supplemented and amended
by the First Supplemental Trust
Indenture dated as of November 1,
2004 and the Second Supplemental
Trust Indenture dated as of July 1,
2008, each between the City and the
Trustee, and as it may be further
supplemented and amended from
time to time or as it may be amended and restated as authorized herein.
“Trustee” means the bank or trust
company at the time serving as
Trustee under the Trust Indenture,
presently U.S. Bank National Association.
Unless otherwise indicated, any
reference to a Section is a reference
to a Section of this Ordinance.
Section 2. Authorized Principal
Amount and Purpose. This Council
finds and determines that it is necessary and proper and in the best
interests of the City to authorize the
issuance of Refunding Bonds as
Additional Bonds under the Trust
Indenture, subject to satisfaction of
the requirements of Section 165.07 of
the Ohio Revised Code, for the purpose of refunding one or more series
of Outstanding Bonds, or designated
portions thereof, to obtain debt service savings or to obtain a more
favorable debt service schedule, or
to eliminate or modify covenants in
agreements
securing
Outstanding
Bonds that are unduly restrictive, or
to eliminate or modify burdensome
reserve requirements, or, in the case
of Outstanding Bonds that are variable rate bonds, to stabilize interest
rates
or
to
minimize
risks
of
increased interest expense on those
Bonds, including costs associated
with related Credit Support Instruments. The principal amount of the
Refunding Bonds is to be the
amount set forth in the Certificate
of Award authorized in Section 3
and shall be the amount determined
by the Director of Finance, based on
the written advice of a Financial
Advisor, to be necessary (i) to refund the Outstanding Bonds being
refunded, (ii) to fund any deposit to
the Bond Reserve Fund, (iii) to pay
costs of any Credit Support Instruments, and (iv) to pay costs of issuing the Refunding Bonds and refunding the Outstanding Bonds being refunded. The proceeds from the
sale of the Refunding Bonds shall
be deposited and applied as provided in the Supplemental Trust Indenture for the Refunding Bonds and
for the purposes stated in this Ordinance, and those proceeds are appropriated for those purposes.
Section 3. Terms of Refunding
Bonds. The final terms of the Refunding Bonds shall be set forth in
a written certificate to be signed
and delivered by the Director of
Finance upon the sale of the Refunding Bonds upon terms and conditions consistent with this Ordinance and that in her opinion, based
on the written advice of a Financial
Advisor, are in the best interests
of the City (the “Certificate of
Award”).
The
Refunding
Bonds
shall be dated the date of issuance
or such other date as is designated
in the Certificate of Award. The
Refunding Bonds shall mature on
the dates and in the respective principal amounts determined in the

36
Certificate of Award, provided that
the final maturity date shall be not
later than 30 years from the date of
issuance of the Refunding Bonds.
The Refunding Bonds shall bear
interest from their date at the rate
or rates per year set forth in the
Certificate of Award, or if any
Refunding Bonds bear interest at a
variable rate, at the rate determined
from time to time pursuant to the
method identified in the Certificate
of Award and set forth in the Trust
Indenture, and the Refunding Bonds
shall bear interest at those rates
until the principal amount of the
Refunding Bonds is paid or payment
is provided for. Interest on the
Refunding Bonds shall be payable
on the dates determined or provided
for in the Certificate of Award and
the Trust Indenture. If any Refunding Bonds bear interest at a fixed
rate, that rate shall not exceed eight
percent (8%) per year. If any Refunding Bonds bear interest at a
variable rate or rates, those rates
shall not exceed that set forth
below.
In the event that the Director of
Finance,
based
on
the
written
advice of a Financial Advisor, determines that the City’s best interests
will be served by causing all or a
portion of the Refunding Bonds to
be obligations bearing interest at
variable rates, redeemable by the
City without penalty or premium on
interest adjustment dates, then the
Director of Finance is authorized to
so specify in the Certificate of
Award. If the Director of Finance so
determines, then the Director of
Finance shall specify in the Certificate of Award the method and procedure by which the variable rate of
interest to be borne by the variable
rate Refunding Bonds shall be determined, whether by reference to a
market index, by a remarketing
agent or otherwise; provided that
the variable rate Refunding Bonds
shall not bear interest at a rate in
excess of twenty-five percent (25%)
per year (including any Refunding
Bonds held by a provider of a Credit Support Instrument). Holders of
variable rate Refunding Bonds may
be given the right to tender their
variable rate Refunding Bonds for
purchase by the City at the times,
on the terms, and subject to the conditions set forth in the Certificate of
Award and the Trust Indenture. If
the Director of Finance designates
any Refunding Bonds as variable
rate Refunding Bonds, and if the
holders of the variable rate Refunding Bonds are to be entitled to tender the variable rate Refunding
Bonds for purchase, then the Director of Finance shall also designate
in the Certificate of Award for those
variable rate Refunding Bonds the
provider or providers for any Credit Support Instrument, the tender
agent or agents and the remarketing agent or agents, which designations shall be based on the determination of the Director of Finance,
based on the written advice of a
Financial Advisor, that the parties
so designated possess the requisite
resources and experience to provide
the services required of them and
that the terms on which the designated parties have agreed to provide
such services are fair and commercially reasonable. The Director of
Finance is authorized to enter into
agreements in connection with the
delivery of the variable rate Refunding Bonds, and from time to time
thereafter so long as the variable
rate Refunding Bonds are outstand-

The City Record
ing, with providers of Credit Support
Instruments, tender agents (which
may be the Trustee), remarketing
agents, and others as may be determined by the Director of Finance,
based on the written advice of a
Financial Advisor, to be necessary
or appropriate to provide for the
method of determining the variable
interest rates, permitting holders
the right of tender, providing for liquidity or credit support for the payment of the variable rate Refunding
Bonds upon tender for purchase or
redemption, and providing for the
repayment by the City of any
amounts drawn under the Credit
Support Instrument.
The Director of Finance shall further determine and specify in the
Certificate of Award whether any of
the Refunding Bonds are subject to
optional redemption prior to maturity, the earliest date on which redeemable Refunding Bonds shall be
subject to prior redemption, and the
applicable redemption premium for
the redeemable Refunding Bonds.
The Refunding Bonds may be subject to purchase by the City in lieu
of optional redemption if and to the
extent provided in the Certificate of
Award and the Trust Indenture.
Section 4. Form; Exchange; Execution. The Refunding Bonds shall
be issued in fully registered form.
The Refunding Bonds initially shall
be delivered only in book entry
form, shall be registered in the
name of the Depository or its nominee, as registered owner, and immobilized in the custody of the Depository, and shall not be transferable
or exchangeable (except for transfer to another Depository or its nominee) without further action by the
City pursuant to the provisions of
the Trust Indenture. The principal
and any redemption premium and
the interest payable on each Refunding Bond shall be payable at the
times, to the persons and in the
manner set forth in, or referenced
by, the Trust Indenture, including,
without limitation, provisions thereof permitting special arrangements
for payments to the Depository. The
Refunding Bonds shall be signed by
the persons and in the manner set
forth in the Trust Indenture. The
Refunding Bonds shall be numbered
as determined by the Director of
Finance.
Section
5.
Sale
of
Refunding
Bonds. The Refunding Bonds shall
be sold at not less than (i) 97% of
par plus aggregate original issue
premium and minus aggregate original issue discount plus (ii) accrued
interest at private sale by the Director of Finance to one or more financial institutions selected by the
Director of Finance based on an
evaluation of the qualifications of
firms that have proposed to underwrite the Refunding Bonds (collectively, the “Original Purchaser”) in
accordance with law, the provisions
of this Ordinance and the Certificate
of Award. The Director of Finance
shall cause the Refunding Bonds to
be prepared, and have the Refunding Bonds signed and delivered,
together with a true transcript of
proceedings with reference to the
issuance of the Refunding Bonds if
requested by the Original Purchaser, to the Original Purchaser upon
payment of the purchase price. The
Director of Finance is authorized to
sign and deliver, in the name and
on behalf of the City, a bond purchase agreement between the City
and the Original Purchaser, or representative thereof (the “Purchase

2272

December 9, 2009
Agreement”), containing terms consistent with this Ordinance and that
are determined by the Director of
Finance,
based
on
the
written
advice of a Financial Advisor, to be
customary for revenue bonds issued
by governmental entities, including,
without limitation, representations
as to the accuracy and completeness
of information contained in the official statement of the City described
in Section 11. The Director of
Finance shall provide for the payment of the services rendered and
for reimbursement of expenses incurred pursuant to the Purchase
Agreement from the proceeds of the
Refunding Bonds to the extent
available and then from the Program Funds or from other money
lawfully available and appropriated
or to be appropriated for that purpose, as determined by the Director
of Finance. The Mayor, the Director
of Finance, the Clerk, the Director
of Law, and other City officials, as
appropriate, are each authorized to
sign
any
transcript
certificates,
financial statements and other documents and instruments and to take
such actions as are necessary or
appropriate
to
consummate
the
transactions contemplated by this
Ordinance.
Section 6. Security for the Refunding Bonds. The Refunding Bonds
shall be special obligations of the
City, and the debt charges on the
Refunding Bonds shall be payable
solely from the Net Project Revenues and the Nontax Revenues.
The payment of debt charges on the
Refunding Bonds is secured by a
pledge of and lien on the Bond Fund
held by the Trustee under the Trust
Indenture and by any reserve fund
for which provision is made in the
Trust Indenture. The Refunding
Bonds are not and shall not be
secured by an obligation or pledge
of any money raised by taxation.
The Refunding Bonds do not and
shall not represent or constitute a
debt or pledge of the faith and credit or taxing power of the City, and
the owners thereof have and shall
have no right to have taxes levied
by the City for the payment of debt
charges thereon. The Refunding
Bonds shall contain a statement to
that effect and to the effect that the
Refunding Bonds are payable solely
from the Net Project Revenues and
the Nontax Revenues and are not
secured by an obligation or pledge
of any money raised by taxation.
The City covenants and agrees
that while the Refunding Bonds are
outstanding, it will appropriate and
maintain Nontax Revenues at such
times and in such amounts as will
be sufficient, together with the Net
Project Revenues and any other
funds available for the purpose, to
pay the debt charges on the Bonds
and will so restrict other obligations
payable from Nontax Revenues prior
to or on a parity with the Bonds as
will ensure the continuing availability for appropriation of sufficient Nontax Revenues to pay debt
charges when due.
Section
7.
Payment
of
Debt
Charges on the Refunding Bonds.
Nothing herein shall be construed as
requiring the City to use or apply to
the payment of debt charges on the
Refunding Bonds any funds or revenues from any source other than
Net Project Revenues and the Nontax Revenues. Subject to the requirements of Revised Code Section
176.04,
nothing
herein,
however,
shall be deemed to prohibit the City,
of its own volition, from using, to

December 9, 2009
the extent that it is authorized by
law to do so, any other resources for
the fulfillment of any of the terms,
conditions or obligations of this
Ordinance or of the Refunding
Bonds.
The City will, solely from the proceeds of the Refunding Bonds or
from the Net Project Revenues or
the Nontax Revenues, pay or cause
to be paid the debt charges on the
Refunding Bonds on the dates, at
the places and in the manner provided herein and in the Refunding
Bonds. For that purpose, in each
year while the Refunding Bonds are
outstanding, this Council, after providing for the payment of debt
charges payable on the City’s general obligation securities in that
year from sources available for that
purpose, will appropriate Nontax
Revenues required to pay, and for
the purpose of paying, the debt
charges due in that year on the
Bonds (less other money available
for the purpose) and any outstanding parity obligations payable from
Nontax
Revenues.
Further,
this
Council will give effect to such
appropriations in all Ordinances it
passes thereafter in that year appropriating money for expenditure and
encumbrance and limit the other
appropriations of Nontax Revenues
in that year to the amount available
after deducting the amount required
for the payment of debt charges
payable on the City’s general obligation securities and to pay those
debt charges. The City covenants
that, so long as any of the Refunding Bonds are outstanding, it shall
not issue any additional obligations
payable from the Nontax Revenues
on a parity with the Bonds and any
other outstanding parity obligations
payable
from
Nontax
Revenues,
unless, prior to passage of the Ordinance authorizing such parity obligations, the Director of Finance shall
have certified to this Council that
the Nontax Revenues during the preceding calendar year, adjusted to
reflect, if necessary, changes in the
rates or charges resulting in the
Nontax
Revenues,
aggregate
in
amount not less than 100% of the
highest amount of (a) debt charges
on the Bonds and (b) required payments on such proposed parity obligations and any other outstanding
parity obligations due in any succeeding calendar year.
Each obligation of the City required to be undertaken pursuant to
this Ordinance and the Refunding
Bonds is binding upon the City, and
upon each officer or employee of the
City as may from time to time have
the authority under law to take any
action on behalf of the City as may
be necessary to perform all or any
part of such obligation, as a duty of
the City and of each of those officers and employees resulting from
an office, trust or station within the
meaning of Section 2731.01 of the
Revised Code, providing for enforcement by writ of mandamus.
Section 8. Authorization of Supplemental Trust Indentures. The
Director of Finance is authorized, in
the name and on behalf of the City,
to sign and deliver to the Trustee,
in trust for the holders of the Refunding Bonds, one or more Supplemental Trust Indentures, approved
as to form and correctness by the
Director of Law, not inconsistent
with this Ordinance or the Certificate of Award, and not substantially adverse to the City as may be
approved by the Director of Finance.
The determination by the Director

The City Record
of Finance that a Supplemental
Trust Indenture is not substantially
adverse to the City shall be conclusively evidenced by the signing and
delivery of that Supplemental Trust
Indenture
by
the
Director
of
Finance. Any Supplemental Trust
Indenture may contain amendments
to the Trust Indenture, as theretofor
amended, or amend and restate the
Trust Indenture, to permit the City
to obtain a Credit Support Instrument, to eliminate the Land Sales
Fund and to release from the lien
of the Trust Indenture any money
on deposit in the Land Sales Fund,
or to permit increased flexibility for
the use of financial or credit structures and techniques determined by
the Director of Finance, based on
the written advice of a Financial
Advisor, to be in the best interests
of the City.
Section 9. Refunding of Series 2004
Bonds;
Escrow
Agreement.
The
Director of Finance is authorized to
sign and deliver, in the name and
on behalf of the City, an escrow
agreement between the City and the
Trustee, as escrow trustee, providing for, among other matters: the
investment and holding in escrow of
the
proceeds
of
the
Refunding
Bonds to be applied to the refunding of the Series 2004 Bonds; the
application of the moneys derived
from those investments to the payment of the debt service charges on
the Series 2004 Bonds; and the irrevocable call for redemption of the
Series 2004 Bonds. The Director of
Finance shall provide for the payment of the services rendered and
for reimbursement of expenses incurred pursuant to the escrow agreement from proceeds of the Refunding Bonds to the extent available
and then from Program Funds or
from other money lawfully available
and appropriated or to be appropriated for that purpose, as determined
by the Director of Finance. Provision shall be made in the escrow
agreement to give the Trustee any
written notice of redemption required under the Trust Indenture.
The Director of Finance and other
appropriate City officials shall sign
all documents and take all other
actions necessary or appropriate on
the part of the City to effect such
refunding in accordance with the
Trust Indenture and to cause the
Series 2004 Bonds to be deemed paid
and discharged, including without
limitation, the retention of an independent firm of accountants to verify the mathematical accuracy of
the calculations relating to the
escrow.
Section 10. Conversion and Remarketing. In the event that the Director of Finance determines, based on
the written advice of a Financial
Advisor, that it is advantageous to
the City to convert the interest on
any Series 2008 Bonds to fixed interest rates for a period of time or to
maturity, or to convert the interest
on any Series 2008 Bonds to a different variable rate period or mode,
the City shall undertake the conversion and remarketing in accordance with the Trust Indenture. In
connection with any conversion and
remarketing of Series 2008 Bonds,
the Director of Finance is authorized to obtain one or more Credit
Support Instruments if the Director
determines, based on the written
advice of a Financial Advisor, that
the Credit Support Instrument will
facilitate the remarketing of the
Series 2008 Bonds. In the event the
Director
of
Finance
determines,

2273

37
based on the written advice of a
Financial Advisor, that it is necessary to supplement or amend the
Trust Indenture or any Supplemental Trust Indenture in order to address current market conditions or
to permit the use of a Credit Support Instrument or to otherwise obtain financing arrangements advantageous to the City, the Director of
Finance is authorized to sign and
deliver an amendment of the Trust
Indenture or Supplemental Trust Indenture, or an amended and restated Trust Indenture or Supplemental
Trust Indenture, approved as to
form by the Director of Law. The
costs of any conversion and remarketing of the Series 2008 Bonds may
be paid, as determined by the Director of Finance, from the Program
Funds or, to the extent available,
from Fund 01 SF 001 and remarketing proceeds, or from other money
lawfully available and appropriated
or to be appropriated for that purpose. The Director of Finance is
authorized to prepare one or more
disclosure documents in connection
with any conversion and remarketing under the same terms and conditions as set forth in Section 11 of
this
Ordinance
with
respect
to
Refunding Bonds. The Director of
Finance and other City officials are
authorized to sign and deliver such
instruments, certificates and documents as are necessary or appropriate to consummate the transactions
authorized by this Section. The
Director of Finance, the Director of
Law and other City officials, as
appropriate, are authorized to make
the
necessary
arrangements
on
behalf of the City to establish the
date, location, procedure and conditions for the conversion and remarketing of any Bonds and to take all
actions necessary to effect the conversion and remarketing of any
Bonds under the terms of this Ordinance and the Trust Indenture. The
Clerk of Council or other appropriate official of the City shall furnish
the Trustee a true transcript of proceedings certified by the Clerk or
other official, of all proceedings had
with reference to the conversion and
remarketing of any Bonds along
with
such
information
for
the
records as is necessary to determine
the validity of the conversion and
remarketing.
Section 11. Official Statements;
Continuing Disclosure. The Director
of Finance is authorized, on behalf
of the City and in her official capacity, to (i) prepare or cause to be prepared, and make or authorize modifications, completions or changes of
or supplements to, disclosure documents in the form of a preliminary
official statement relating to the
issuance of the Refunding Bonds,
and (ii) determine, and certify or
otherwise represent, when the preliminary official statement as so
prepared is a “deemed final” official
statement
(except
for
permitted
omissions) by the City as of its date
for
purposes
of
Securities
and
Exchange Commission (“SEC”) Rule
15c2-12(b)(1). The distribution and
use of a preliminary official statement is authorized and approved.
The Director of Finance is also
authorized, on behalf of the City
and in her official capacity, to complete the preliminary official statement
with
such
modifications,
changes and supplements as the
Director of Finance shall approve or
authorize for the purpose of preparing and determining, and to certify
or otherwise represent, that the offi-

38
cial statement as so revised is a
final official statement for purposes
of SEC Rule 15c2-12(b) (3) and (4).
The Director of Finance is further
authorized to use and distribute, or
authorize the use and distribution
of, a final official statement and
supplements thereto in connection
with the original issuance of the
Refunding Bonds as may, in her
judgment, be necessary or appropriate. The Director of Finance is further authorized to sign and deliver,
on behalf of the City and in her official capacity, a final official statement and such certificates in connection with the accuracy of the preliminary official statement and the
final official statement and any
amendments thereto as may, in their
judgment, also be necessary or appropriate. The Director of Finance
is authorized to contract for services
for the production and distribution
of preliminary and final official
statements, including by printed and
electronic means.
For the benefit of the holders and
beneficial owners from time to time
of the Refunding Bonds, the City
agrees, in accordance with, and as
an obligated person with respect to
the Refunding Bonds under, SEC
Rule 15c2 12, to provide or cause to
be provided such financial information and operating data and notices,
in such manner, as may be required
for purposes of SEC Rule 15c2 12. In
order to describe and specify certain
terms of the City’s continuing disclosure agreement for that purpose,
and
thereby
to
implement
that
agreement, including provisions for
enforcement, amendment and termination, the Director of Finance is
authorized to prepare, or cause to be
prepared, and to sign and deliver, in
the name and on behalf of the City,
a continuing disclosure agreement
or certificate, which shall constitute
the continuing disclosure agreement
made by the City for the benefit of
the holders and beneficial owners of
the Refunding Bonds in accordance
with SEC Rule 15c2 12. The performance of that agreement shall be
subject to the availability of funds
and their annual appropriation to
meet
costs
the
City
would
be
required to incur to perform it.
Section 12. Ratings; Credit Enhancement. If, in the judgment of
the Director of Finance, based on
written advice of a Financial Advisor, the filing of an application for
a rating on the Refunding Bonds by
one or more nationally recognized
rating agencies is in the best interests of the City, the Director of
Finance is authorized to prepare
and submit those applications and to
provide to each such agency such
information as may be required for
the
purpose.
The
Director
of

The City Record
Finance is authorized to contract for
one or more Credit Support Instruments for any Outstanding Bonds
bearing interest at variable rates or
for the Refunding Bonds if she
determines, based on the written
advice of a Financial Advisor, that
the Credit Support Instruments will
result in debt service savings to the
City, or will stabilize interest rates
on those Bonds or will minimize the
risk of increased interest expense
on those Bonds. The cost of obtaining each rating and each Credit Support
Instrument,
except
to
the
extent paid by the Original Purchaser in accordance with the Purchase Agreement, shall be paid from
the
proceeds
of
the
Refunding
Bonds or the Program Funds or
from other money lawfully available
and appropriated or to be appropriated for that purpose, as determined
by the Director of Finance.
Section 13. Financial Advisor. The
Director of Finance may obtain the
services of one or more Financial
Advisors, from time to time, to
assist the Director of Finance in
making any of the determinations
required by this Ordinance to be
determined
by
the
Director
of
Finance. The Director of Finance
may rely on the written advice of
any Financial Advisor so retained.
Any Financial Advisor or consultant
employed under the authority of this
Ordinance shall be disinterested in
the transaction and be independent
of the underwriters and any other
party interested in the transaction.
Section 14. Captions, Headings,
and Section References. The captions and headings in this Ordinance
are solely for convenience of reference and in no way define, limit, or
describe the scope or intent of any
Sections, subsections, paragraphs,
subparagraphs, or clauses hereof.
Reference to a Section means a section of this Ordinance unless otherwise indicated.
Section 15. Severability. Each section of this Ordinance and each subdivision or paragraph of any section
is hereby declared to be independent
and the finding or holding of any
section or any subdivision or paragraph of any section to be invalid
or void shall not be deemed or held
to affect the validity of any other
section, subdivision or paragraph of
this Ordinance.
Section 16. Interpretation. Any provisions of the Codified Ordinances
of the City which are inconsistent
with the provisions of this Ordinance
shall not apply to the Bonds or matters authorized herein. Nothing in
this Ordinance is intended to, and no
provision hereof shall be applied in
any manner as would, impair the
obligation of contract of the City
with respect to any outstanding

December 9, 2009
bonds, certificates of indebtedness,
other obligations, Trust Indentures
or other agreements or contracts
made or entered into by the City.
Section 17. Validity. This Council
finds and determines that this Ordinance was passed in compliance
with all applicable provisions of the
City’s Charter and the rules of this
Council. This Council further finds
and determines that all acts and
conditions necessary to be done or
performed by the City or to have
been met precedent to and in the
issuing of the Refunding Bonds in
order to make them legal, valid, and
binding special obligations of the
City have been performed and have
been met, or will at the time of
delivery of the Refunding Bonds
have been performed and have been
met, in regular and due form as
required by law, and that no limitation of indebtedness or taxation,
either statutory or constitutional, is
applicable to the issuance of the
Refunding Bonds.
Section 18. Compliance with Open
Meeting Requirements. This Council
finds and determines that all formal
actions of this Council and any of
its committees concerning and relating to the passage of this Ordinance
were taken in an open meeting of
this Council or committees, and that
all deliberations of this Council and
any of its committees that resulted
in those formal actions were in
meetings open to the public, all in
compliance with the law.
Section 19. Sunset of Authorization. The authority granted by this
Ordinance shall expire two years
from the effective date of this Ordinance. If a preliminary official
statement with respect to the Refunding Bonds is distributed under
the authority of this Ordinance at
any time within the two-year period
following its effective date, then the
authority granted by this Ordinance
shall not expire as to those Refunding Bonds. The Director of Finance
shall notify the Chairman of the
Finance Committee and the Clerk of
this Council of the initiation of the
issuance of any Refunding Bonds
under the authority of this Ordinance.
Section 20. Emergency. This Ordinance is hereby declared to be an
emergency measure and, provided it
receives the affirmative vote of twothirds of all members elected to
Council, it shall take effect and be
in force immediately upon its passage and approval by the Mayor;
otherwise it shall take effect and be
in force from and after the earliest
period allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1720-09.
By Council Member Sweeney (by departmental request).
An emergency ordinance to provide the transfer of Three Million Twenty Four Thousand Two Hundred Dollars
($3,024,200) within various divisions of the General Fund; Five Hundred Thousand ($500,000) within the Special
Revenue Fund; Forty Five Thousand Dollars ($45,000) within the Enterprise Fund.
Whereas, in accordance with Section 41 of the Charter, the Mayor has recommended in writing the within transfer; and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal
department; now, therefore,
Be it ordained by the Council of the City of Cleveland:
Section 1. That the sum of Three Million Five Hundred Sixty Nine Thousand Two Hundred Dollars ($3,569,200)
be the same and hereby transferred as follows:

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39
Transfer
To

Transfer
From

GENERAL FUND
Council and Clerk of Council
I
Personnel and Related Expenses
II
Other Expenses

$
$

5,000
-

$
$

5,000

$

5,000

$

5,000

$
$

50,000

$
$

50,000
-

Clerks Division
I
Personnel and Related Expenses
II
Other Expenses

$
$

250,000

$
$

250,000
-

TOTAL MUNICIPAL COURT

$

300,000

$

300,000

Division of Fire
II
Other Expenses

$

240,000

$

-

Division of Dog Pound
I
Personnel and Related Expenses

$

5,000

$

-

House of Corrections
II
Other Expenses

$

100,000

$

-

TOTAL DEPARTMENT OF PUBLIC SAFETY

$

345,000

$

-

Waste Collection and Disposal
I
Personnel and Related Expenses

$

500,000

$

-

Engineering and Construction
I
Personnel and Related Expenses

$

300,000

$

-

Division of Traffic Engineering
I
Personnel and Related Expenses

$

25,000

$

-

TOTAL DEPARTMENT OF PUBLIC SERVICE

$

825,000

$

-

Research, Planning and Development
I
Personnel and Related Expenses

$

35,000

$

-

Boxing and Wrestling Commission
II
Other Expenses

$

250,000

$

-

Division of Park Maintenance and Properties
I
Personnel and Related Expenses

$

200

$

-

TOTAL PARKS, RECREATION AND PROPERTIES

$

285,200

Building and Housing Dir Office
I
Personnel and Related Expenses

$

3,000

$

-

TOTAL BUILDING AND HOUSING

$

3,000

$

-

Board of Zoning Appeals
Personnel and Related Expenses
I

$

500

$

-

Division of Health
Other Expenses
II

$

60,000

$

-

TOTAL DEPARTMENT OF PUBLIC HEALTH

$

60,000

$

-

TOTAL LEGISLATIVE BRANCH
Judicial Branch
Housing Division
I
Personnel and Related Expenses
II
Other Expenses

DEPARTMENT OF PUBLIC SAFETY

DEPARTMENT OF PUBLIC SERVICE

DEPARTMENT OF PARKS

$

-

DEPARTMENT OF BUILDING AND HOUSING

DEPARTMENT OF PUBLIC HEALTH

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40

December 9, 2009

DEPARTMENT OF FINANCE
Information Tech & Planning
I
Personnel and Related Expenses

$

500

$

-

$

500

$

-

$

400,000

$

-

$

400,000

$

-

Other Administrative
II
Other Expenses

$

800,000

$

-

Transfers to Other Funds
II
Other Expenses

$

-

$

2,719,200

TOTAL NONDEPARTMENTAL

$

800,000

$

2,719,200

TOTAL GENERAL FUND

$

3,024,200

$

3,024,200

$
$

500,000
-

$

500,000

$

500,000

$

500,000

Personnel and Related Expenses
Other Expenses

$
$

20,000

$
$

20,000
-

West Side Market
I
Personnel and Related Expenses
II
Other Expenses

$
$

25,000

$
$

25,000
-

TOTAL DEPARTMENT OF PARKS

$

45,000

$

45,000

TOTAL ENTERPRISE FUNDS

$

45,000

$

45,000

TOTAL NON GF

$

545,000

$

545,000

TOTAL ALL FUNDS

$

3,569,200

$

3,569,200

TOTAL DEPARTMENT OF FINANCE
DEPARTMENT OF LAW
Law
II

Other Expenses

TOTAL DEPARTMENT OF LAW
NONDEPARTMENTAL

SPECIAL REVENUE FUND
Streets
I
II

Personnel and Related Expenses
Other Expenses

TOTAL SPECIAL REVENUE FUNDS

$

ENTERPRISE FUNDS
DEPARTMENT OF PARKS
Golf
I
II

Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative
vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon
its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest
period allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1722-09.
By Council Member Sweeney (by departmental request).
An emergency ordinance to make temporary appropriations for the current payrolls and other ordinary expenses
of the City of Cleveland from the period from January 1, 2010 until the effective date of the annual appropriation
ordinance for the fiscal year ending December 31, 2010.
Whereas, it is desired to postpone the passage of the annual appropriation ordinance until the amended certificate is received, based on the actual balances as the same may be determined by the Director of Finance and
the County Budget Commission; and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal
department; now, therefore,
Be it ordained by the Council of the City of Cleveland:

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December 9, 2009

41

Section 1. To provide for the current payrolls, sinking fund and other ordinary expenses of the City of Cleveland for the period from January 1, 2010 until the effective date of the Annual Appropriation Ordinance for the
fiscal year ending December 31, 2010, there be and there is hereby appropriated for the period from January 1,
2010 until the effective date of the Annual Appropriation Five Hundred Four Million, Three Hundred Fifty Nine
Thousand, Two Hundred Thirty Two Dollars ($504,359,232) out of taxes due the City of Cleveland and any other
revenues accrued or occurring during said period of time and said funds are respectively appropriated as follows:
GENERAL FUND
Legislative Branch
Judicial Branch
Executive Branch
Office of the Mayor
Office of the Mayor
Department of Public Safety
Community Relations Board
Department of Consumer Affairs
Department of Public Service
Department of Parks, Recreation & Properties
Boxing and Wrestling Commission
Urban Planning & Development
Department of Public Health
Department of Aging
Support Functions
Transfers to Other Funds

$
$

2,509,025
16,421,710

658,031
643,904
90,215,034
344,412
93,248
11,223,472
13,394,935
1,493
3,913,188
2,193,188
263,057
20,734,720
15,452,689
———————
$ 158,473,340
———————
———————
$ 177,404,075
———————
———————

TOTAL EXECUTIVE BRANCH
TOTAL GENERAL FUND

Special Revenue Funds
Internal Service Funds
Enterprise Funds
Trust and Agency Funds
Debt Service Funds

44,155,641
9,531,487
244,854,793
3,469,774
24,943,462
———————
$ 504,359,232
———————
———————

TOTAL TEMPORARY APPROPRIATIONS FOR 2010

GENERAL FUND
LEGISLATIVE BRANCH
Council and Clerk of Council
Personnel and Related Expenses
I.
II.
Other Expenses

$
$

2,509,025

1,262,849
1,246,176
––——————
$
2,509,025
––——————
––——————

TOTAL LEGISLATIVE BRANCH

JUDICIAL BRANCH
Municipal Court - Judicial Division
I.
Personnel and Related Expenses
Other Expenses
II.

$

5,687,550
2,339,500

Municipal Court - Housing Division
Personnel and Related Expenses
I.
II.
Other Expenses

$

836,643
65,944

Municipal Court - Clerk’s Division
Personnel and Related Expenses
I.
Other Expenses
II.

$

2,628,288
4,863,785

$

8,027,050

$

902,587

$

7,544,321

––——————
$
16,421,710
––——————
––——————

TOTAL JUDICIAL BRANCH

EXECUTIVE BRANCH
Office of the Mayor
I.
Personnel and Related Expenses
II.
Other Expenses

$
$

643,904

593,755
50,149
––——————
$
643,904
––——————
––——————

TOTAL OFFICE OF THE MAYOR

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December 9, 2009

DEPARTMENT OF PUBLIC SAFETY
Public Safety Administration
I.
Personnel and Related Expenses
II.
Other Expenses
Division of Police
I.
Personnel and Related Expenses
II.
Other Expenses
Division of Fire
I.
Personnel and Related Expenses
II.
Other Expenses

$

$

1,619,057

$

50,587,953

$

26,261,555

$

6,347,650

$

371,680

$

5,027,139

678,433
940,624

$ 46,624,670
3,963,283

$ 25,107,228
1,154,327

Division of Emergency Medical Services
I.
Personnel and Related Expenses
II.
Other Expenses

$

5,313,166
1,034,484

Division of Dog Pound
I.
Personnel and Related Expenses
II.
Other Expenses

$

240,389
131,291

Division of Correction
I.
Personnel and Related Expenses
II.
Other Expenses

$

3,241,060
1,786,079
––——————
$
90,215,034
––——————
––——————

TOTAL DEPARTMENT OF PUBLIC SAFETY

COMMUNITY RELATIONS BOARD
Community Relations Board
I.
Personnel and Related Expenses
II.
Other Expenses

$
$

344,412

307,194
37,218
––——————
$
344,412
––——————
––——————

TOTAL COMMUNITY RELATIONS BOARD

DEPARTMENT OF CONSUMER AFFAIRS
Consumer Affairs
I.
Personnel and Related Expenses
Other Expenses
II.

$
$

93,248

75,426
17,822
––——————
$
93,248
––——————
––——————

TOTAL DEPARTMENT OF CONSUMER AFFAIRS

DEPARTMENT OF PUBLIC SERVICE
Public Service Administration
I.
Personnel and Related Expenses
II.
Other Expenses

$

106,726
11,636

Division of Architecture
I.
Personnel and Related Expenses
Other Expenses
II.

$

153,215
14,217

Division of Waste Collection and Disposal
I.
Personnel and Related Expenses
Other Expenses
II.

$

4,048,187
4,227,801

Division of Engineering and Construction
I.
Personnel and Related Expenses
II.
Other Expenses

$

1,241,812
142,590

Division of Traffic Engineering
I.
Personnel and Related Expenses
II.
Other Expenses

$

860,607
416,681

TOTAL DEPARTMENT OF PUBLIC SERVICE

2278

$

118,362

$

167,432

$

8,275,988

$

1,384,402

$

1,277,288

––——————
$
11,223,472
––——————
––——————

December 9, 2009

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43

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES
Parks, Recreation, and Properties Administration
I.
Personnel and Related Expenses
$
II.
Other Expenses
Division of Research, Planning, and Development
I.
Personnel and Related Expenses
$
II.
Other Expenses

$

211,474

$

222,253

$

4,740,875

$

388,468

$

2,618,873

$

5,212,992

153,497
57,977
190,152
32,101

Division of Recreation
I.
Personnel and Related Expenses
II.
Other Expenses

$

2,570,545
2,170,330

Division of Parking Facilities-On Street
I.
Personnel and Related Expenses
II.
Other Expenses

$

362,687
25,781

Division of Property Management
I.
Personnel and Related Expenses
II.
Other Expenses

$

1,583,443
1,035,430

Division of Park Maintenance and Properties
I.
Personnel and Related Expenses
II.
Other Expenses

$

2,217,548
2,995,444
––——————
$
13,394,935
––——————
––——————

TOTAL PARKS, RECREATION, AND PROPERTIES

BOXING AND WRESTLING COMMISSION
Boxing and Wrestling Commission
I.
Personnel and Related Expenses
II.
Other Expenses

$
$

1,493

1,493
-

TOTAL BOXING AND WRESTLING COMMISSION

$
1,493
––——————
––——————

DEPARTMENT OF BUILDING AND HOUSING
Building and Housing Dir. Office
I.
Personnel and Related Expenses
II.
Other Expenses

$

432,599
144,640

Division of Code Enforcement
I.
Personnel and Related Expenses
II.
Other Expenses

$

1,626,539
69,820

Division of Construction Permit
I.
Personnel and Related Expenses
II.
Other Expenses

$

441,841
7,062

$

577,248

$

1,696,459

$

448,903

––——————
$
2,722,610
––——————
––——————

TOTAL BUILDING AND HOUSING

REGULATORY BOARDS AND COMMISSIONS
Landmarks Commission
I.
Personnel and Related Expenses
II.
Other Expenses

$

48,249
2,064

Board of Building Standards and Appeals
Personnel and Related Expenses
I.
II.
Other Expenses

$

30,716
3,186

Board of Zoning Appeals
I.
Personnel and Related Expenses
II.
Other Expenses

$

52,265
5,064

$

50,313

$

33,902

$

57,329

––——————
$
141,544
––——————
––——————

TOTAL REGULATORY BOARDS

DEPARTMENT OF ECONOMIC DEVELOPMENT
Economic Development
I.
Personnel and Related Expenses
II.
Other Expenses

$
$

TOTAL DEPARTMENT OF ECONOMIC DEVELOPMENT

2279

355,573

342,226
13,347
––——————
355,573
$
––——————
––——————

44

The City Record

December 9, 2009

URBAN PLANNING AND DEVELOPMENT
Office of Equal Opportunity
I.
Personnel and Related Expenses
II.
Other Expenses

$

143,880
11,300

City Planning Commission
I.
Personnel and Related Expenses
II.
Other Expenses

$

407,572
33,765

Division of Harbors
I.
Personnel and Related Expenses
II.
Other Expenses

$

25,800
71,144

$

155,180

$

441,337

$

96,944

––——————
$
3,913,188
––——————
––——————

TOTAL URBAN PLANNING AND DEVELOPMENT

DEPARTMENT OF PUBLIC HEALTH
Public Health Administration
I.
Personnel and Related Expenses
II.
Other Expenses

$

162,372
103,512

Division of Health
I.
Personnel and Related Expenses
II.
Other Expenses

$

578,958
792,136

Division of Environment
I.
Personnel and Related Expenses
II.
Other Expenses

$

286,833
116,487

Division of Air Quality
I.
Personnel and Related Expenses
II.
Other Expenses

$

40,290
112,600

$

265,884

$

1,371,094

$

403,320

$

152,890

––——————
$
2,193,188
––——————
––——————

TOTAL DEPARTMENT OF PUBLIC HEALTH

DEPARTMENT OF AGING
Department of Aging
I.
Personnel and Related Expenses
II.
Other Expenses

$
$

263,057

1 8 6 ,233
76,824
––——————
$
263,057
––——————
––——————

TOTAL DEPARTMENT OF AGING

SUPPORT FUNCTIONS
FINANCIAL AND LEGAL ADMINISTRATION
DEPARTMENT OF FINANCE
Finance Administration
Personnel and Related Expenses
I.
II.
Other Expenses

$

214,810
27,820

Division of Accounts
I.
Personnel and Related Expenses
II.
Other Expenses

$

361,129
254,865

Division of Assessments and Licenses
I.
Personnel and Related Expenses
Other Expenses
II.

$

653,128
376,134

Division of Treasury
Personnel and Related Expenses
I.
II.
Other Expenses

$

161,954
24,537

Division of Purchases and Supplies
I.
Personnel and Related Expenses
II.
Other Expenses

$

134,728
17,544

Bureau of Internal Audit
Personnel and Related Expenses
I.
Other Expenses
II.

$

126,381
149,228

2280

$

242,630

$

615,994

$

1,029,262

$

186,491

$

152,272

$

275,609

The City Record

December 9, 2009

45

Division of Financial Reporting and Control
I.
Personnel and Related Expenses
II.
Other Expenses

$

367,655
15,352

Information Systems Services
I.
Personnel and Related Expenses
II.
Other Expenses

$

590,716
1,069,009

Information Tech & Planning
I.
Personnel and Related Expenses
II.
Other Expenses

$

43,104
6,595

$

383,007

$

1,659,725

$

49,699

––——————
$
4,594,689
––——————
––——————

TOTAL DEPARTMENT OF FINANCE

Office of Budget & Management-Budget Admin.
I.
Personnel and Related Expenses
II.
Other Expenses

$

160,528
158,024

Department Law
Personnel and Related Expenses
I.
II.
Other Expenses

$

1,861,885
1,140,353

$

318,552

$

3,002,238

––——————
$
7,915,479
––——————
––——————

TOTAL FINANCE AND LEGAL ADMINISTRATION

PERSONNEL ADMINISTRATION
Office of Personnel
I.
Personnel and Related Expenses
II.
Other Expenses

$

312,959
359,600

Civil Service Commission
I.
Personnel and Related Expenses
II.
Other Expenses

$

154,184
252,183

$

672,559

$

406,367

––——————
$
1,078,926
––——————
––——————

TOTAL PERSONNEL ADMINISTRATION

NONDEPARTMENTAL
Other Administrative
II.
Other Expenses

$

11,740,315

$ 11,740,315

TOTAL NONDEPARTMENTAL

––——————
11,740,315
$
––——————
––——————

TOTAL SUPPORT FUNCTIONS

––——————
$
20,734,720
––——————
––——————

Transfers To Other Funds
II.
Other Expenses

$

15,452,689

$ 15,452,689

TOTAL EXECUTIVE BRANCH

––——————
$ 158,473,340
––——————
––——————

TOTAL GENERAL FUND

––——————
$ 177,404,075
––——————
––——————
SPECIAL REVENUE FUND

Restricted Income Tax Fund
I.
Capital
II.
Debt Service

$

8,375,000
25,000,000

Street Construction, Maintenance & Repair Fund
Personnel and Related Expenses
I.
II.
Other Expenses

$

5,245,607
4,535,034

2281

$

33,375,000

$

9,780,641

The City Record

46

Schools Recreation & Cultural Activities Fund
II.
Other Expenses

December 9, 2009
$
$

1,000,000

1,000,000
––——————
$
44,155,641
––——————
––——————

TOTAL SPECIAL REVENUE FUNDS

INTERNAL SERVICE FUND
Information Systems Services-Telephone Exchange
I.
Personnel and Related Expenses
II.
Other Expenses

$

325,745
2,135,129

Division of Motor Vehicle Maintenance
I.
Personnel and Related Expenses
II.
Other Expenses

$

1,643,045
4,204,685

Division of Printing and Reproduction
I.
Personnel and Related Expenses
II.
Other Expenses

$

240,468
644,209

City Storeroom and Central Warehouse
I.
Personnel and Related Expenses
II.
Other Expenses

$

27,438
310,768

$

2,460,874

$

5,847,730

$

884,677

$

338,206

––——————
$
9,531,487
––——————
––——————

TOTAL INTERNAL SERVICE FUNDS

ENTERPRISE FUNDS
DEPARTMENT OF PUBLIC UTILITIES
Utilities Administration
I.
Personnel and Related Expenses
II.
Other Expenses

$

555,811
323,527

$

123,330
624,274

$

821,629
270,717

Radio
I.
II.

Personnel and Related Expenses
Other Expenses

Division of Fiscal Control
I.
Personnel and Related Expenses
II.
Other Expenses
Division of Water
I.
Personnel and Related Expenses
II.
Other Expenses

$

879,338

$

747,604

$

1,092,346

$

95,879,443

$

8,546,862

$

64,980,138

$ 22,675,098
73,204,345

Division of Water Pollution Control
I.
Personnel and Related Expenses
II.
Other Expenses

$

3,038,234
5,508,628

Division of Cleveland Public Power
I.
Personnel and Related Expenses
II.
Other Expenses

$

8,145,388
56,834,750
––——————
$ 172,125,731
––——————
––——————

TOTAL DEPARTMENT OF PUBLIC UTILITIES

DEPARTMENT OF PORT CONTROL
Divisions of Cleveland Hopkins & Burke Lakefront
Airports - Operations
$ 7,375,388
Personnel and Related Expenses
I.
II.
Other Expenses
48,200,662

$

55,576,050

––——————
$
55,576,050
––——————
––——————

TOTAL DEPARTMENT OF PORT CONTROL

DEPARTMENT OF PARKS, RECREATION AND PROPERTIES
Division of Cemeteries
I.
Personnel and Related Expenses
Other Expenses
II.

2282

$
$

398,498
313,453

711,951

The City Record

December 9, 2009

47

Golf Course Fund
I.
II.

Personnel and Related Expenses

$

Other Expenses

II.

Personnel and Related Expenses

$

II.

$

4,608,807

$

2,006,082

$

511,786

$

8,426,857

$

16,000

322,793

Other Expenses

4,286,014

Division of Convention Center
I.

871,529

604,933

Division of Parking Facilities-Off Street Parking
I.

$
266,596

Personnel and Related Expenses

$

861,922

Other Expenses

1,144,160

Division of Convention Center & StadiumWest Side Market
I.
II.

Personnel and Related Expenses

$

129,575

Other Expenses

382,211

Division of Convention Center & Stadium-Stadium
II.

Other Expenses

$

8,426,857

$

16,000

Division of Convention Center & StadiumEast Side Market
II.

Other Expenses

––——————
TOTAL PARKS, RECREATION & PROPERTIES

$
17,153,012
––——————
––——————

TOTAL ENTERPRISE FUNDS

$ 244,854,793
––——————
––——————

––——————

AGENCY FUND
Central Collection Agency
I.
II.

$

Personnel and Related Expenses

$

3,469,774

1,909,291

Other Expenses

1,560,483
––——————

TOTAL AGENCY FUND

$
3,469,774
––——————
––——————
DEBT SERVICE FUND
$

Sinking Fund Commission
I.
II.
III.

Personnel and Related Expenses
Other Expenses

$

24,943,462

49,002
169,427
24,725,033

Debt Service

––——————
TOTAL DEBT SERVICE FUNDS

$
24,943,462
––——————
––——————

Section 2. That all expenditures and payments made under and pursuant to the ordinance appropriating such
sum or sums of money shall be charged against the annual appropriation ordinance for the fiscal year ending
December 31, 2010, when such appropriation ordinance shall become effective, and to the various departments and
divisions and payment of whose officers and employees and operating expenses such sum or sums of money hereunder shall then have paid out or expended. Provided, however, that no payment shall be made under the authority of this ordinance after the effective date of said Annual Appropriation Ordinance for the fiscal year ending
December 31, 2010.
Section 3. That this ordinance is hereby declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately
upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the
earliest period allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

2283

The City Record

48

December 9, 2009

Ord. No. 1723-09.
By Council Member Sweeney (by departmental request).
An emergency ordinance to make additional appropriations of Eight Hundred Thousand ($800,000) of Convention
Center Funds.
Whereas, there remains an unappropriated balance in the various funds, the sum of Eight Hundred Thousand
Dollars ($800,000) which is available for additional appropriation; and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal
department; now, therefore,
Be it ordained by the Council of the City of Cleveland:
Section 1. That there is hereby appropriated the additional revenue as set forth in the Amended Official
Certificate of Estimated Resources previously unappropriated as follows:
ENTERPRISE FUNDS

$
800,000
——————
$
800,000

TOTAL ALL FUNDS

ENTERPRISE FUNDS
DEPARTMENT OF PARKS, RECREATION AND PROPERTIES
Division of Convention Center & Stadium - Stadium
I.
Personnel and Related Expenses
Other Expenses
II.

$
$

$

800,000

$

800,000

350,000
450,000

TOTAL DEPARTMENT OF PARKS, RECREATION
AND PROPERTIES
——————
TOTAL ENTERPRISE FUNDS
——————
——————

––——————
$
800,000
––——————
––——————

Section 2. That this ordinance is hereby declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately
upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the
earliest period allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1748-09.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing the Director of Finance to enter
into one or more contracts with Mary
Taylor, Ohio State Auditor, for professional services necessary to perform an assessment and to express
the opinion of the City regarding the
2009 financial statements, and to complete two statements of Auditing
Standards for the Divisions of Water
and Taxation; and authorizing the
Director of Finance to employ one or
more professional consultants to prepare financial statements and to provide accounting and auditing training.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Finance is authorized to enter into
one or more contracts with Mary

Taylor, Ohio State Auditor, for professional services necessary to complete an independent assessment
and to express the opinion of the
City whether the 2009 financial
statements fairly present the financial position of the City and other
things; and to authorize the auditor
to
complete
two
statements
on
Auditing Standards for the Divisions
of Water and Taxation.
Section 2. That the Director of
Finance is authorized to employ by
contract or contracts one or more
consultants or one or more firms of
consultants for the purpose of supplementing the regularly employed
staff of the several departments of
the City of Cleveland in order to provide professional services necessary
to prepare financial statements and
to provide accounting and auditing
training.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Finance
from a list of qualified consultants

available for employment as may be
determined after a full and complete
canvass by the Director of Finance
for the purpose of compiling a list.
The compensation to be paid for the
services shall be fixed by the Board
of Control. The contract or contracts
authorized shall be prepared by the
Director of Law, and approved and
certified by the Director of Finance.
Section 3. That the cost of the contract or contracts authorized shall
be paid from funds appropriated for
this purpose in budget year 2010,
Request No. 154444.
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1753-09.
By Council Members Pruitt and Sweeney (by departmental request).
An emergency ordinance to amend Section 45 of Ordinance No. 947-08, passed June 9, 2008, as amended, relating to compensation for various classifications.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal
department; now, therefore,
Be it ordained by the Council of the City of Cleveland:
Section 1. That Section 45 of Ordinance No. 947-08, passed June 9, 2008, as amended by Ordinance No. 316-09,
passed March 16, 2009 and Ordinance No. 1265-09, passed September 14, 2009, is amended to read as follows:
Section 45. Hourly Rate – Building & Construction Trades Council
Compensation for all persons employed by the hour in any of the following classifications shall be fixed by
the appointing authority within the limits established in the following schedule for each classification:

2284

December 9, 2009

1.
2.
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The City Record

Asbestos Worker .........................................................................
Boiler Maker .................................................................................
Bricklayer ......................................................................................
Bricklayer Foreman ...................................................................
Carpenter ........................................................................................
Carpenter Foreman.....................................................................
Carpenter Apprentice.................................................................
Cement Finisher ..........................................................................
Cement Finisher Foreman.......................................................
Electrical Worker .......................................................................
Electrical Worker Foreman ....................................................
Glazier .............................................................................................
Ironworker .....................................................................................
Ironworker Foreman..................................................................
Painter.............................................................................................
Painter – Apprentice .................................................................
Painter Foreman .........................................................................
Pipefitter (Welder) ....................................................................
Pipefitter Foreman .....................................................................
Plasterer .........................................................................................
Plasterer Foreman ......................................................................
Plumber (Welder).......................................................................
Plumber Foreman .......................................................................
Roofer ..............................................................................................
Sheet Metal Worker ...................................................................
Sheet Metal Worker Foreman................................................

49
Effective
Date
5/1/09
7/1/09
5/1/09
5/1/09
5/1/09
5/1/09
5/1/09
5/1/09
5/1/09
5/1/09
5/1/09
5/1/09
8/1/09
8/1/09
6/1/09
6/1/09
6/1/09
5/1/09
5/1/09
5/1/09
5/1/09
5/1/09
5/1/09
5/1/09
11/1/09
11/1/09

Minimum
$39.16
$43.57
$33.38
$34.63
$33.24
$34.49
$14.45
$33.49
$34.74
$41.03
$42.28
$32.26
$37.25
$38.50
$29.62
$14.46
$30.87
$39.42
$40.67
$32.76
$34.01
$40.42
$41.67
$34.08
$39.35
$40.60

Maximum
$48.95
$54.46
$41.72
$41.72
$41.55
$41.55
$18.06
$41.86
$41.86
$51.29
$51.29
$40.32
$46.56
$46.56
$37.02
$18.06
$37.02
$49.27
$49.27
$40.95
$40.95
$50.53
$50.53
$42.60
$49.19
$49.19

Section 2. That existing Section 45 of Ordinance No. 947-08, passed June 9, 2008, as amended by Ordinance No.
316-09, passed March 16, 2008 and Ordinance No. 1265-09, passed September 14, 2009, is repealed.
Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative
vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon
its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest
period allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1754-09.
By Council Members Pruitt and Sweeney (by departmental request).
An emergency ordinance to amend Section 8 of Ordinance No. 947-08, passed June 9, 2008, as amended, relating
to compensation for various classifications.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal
department; now, therefore,
Be it ordained by the Council of the City of Cleveland:
Section 1. That Section 8 of Ordinance No. 947-08, passed June 9, 2008, as amended by Ordinance No. 316-09,
passed March 16, 2009, Ordinance No. 408-09, passed March 30, 2009 and Ordinance No. 778-09, passed June 1, 2009,
is amended to read as follows:
Section 8. International Local 100, AFSCME Ohio Council 8 AFL-CIO. That salaries in the following classifications
shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.

Accountant I .................................................................................
Accountant II ...............................................................................
Accountant III..............................................................................
Accountant Clerk I.....................................................................
Accountant Clerk II...................................................................
Activities Therapist ...................................................................
AIDS Support Services Coordinator .....................................
Air Pollution Control Engineer I .........................................
Air Pollution Control Engineer II .......................................
Air Pollution Control Engineer III .....................................
Air Pollution Engineer .............................................................
Air Pollution Inspector I .........................................................
Air Pollution Inspector II .......................................................
Air Pollution Technician I......................................................
Air Pollution Technician II ....................................................
Air Pollution Technician III ..................................................
Airport Information Representative ....................................
Airport Operations Agent I.....................................................
Airport Operations Agent II...................................................
Airport Safety Man ....................................................................
Architect .........................................................................................
Associate Engineer.....................................................................

2285

Minimum
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.49
$10.00
$10.00
$10.00
$12.04
$12.12
$10.00
$10.00
$10.00
$10.00
$10.02
$14.14
$17.77
$14.19
$10.00
$17.83

Maximum
$19.61
$21.52
$23.86
$15.90
$17.17
$15.11
$16.89
$25.23
$26.59
$28.02
$19.70
$20.29
$22.64
$21.52
$22.64
$25.23
$16.48
$20.37
$23.98
$23.93
$29.66
$27.74

50
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95.

The City Record
Assistant Buyer ...........................................................................
Assistant City Planner .............................................................
Assistant Civil Engineer..........................................................
Assistant Electrical Engineer................................................
Assistant Mechanical Engineer .............................................
Assistant Residential Plan Examiner ................................
Associate Programmer ..............................................................
Bacteriologist................................................................................
Bill Collector.................................................................................
Billing Clerk .................................................................................
Building Inspector ......................................................................
Building Inspector I ..................................................................
Building Inspector II ................................................................
Building Inspector III...............................................................
Building Inspector IV ...............................................................
Business Certification Officer ................................................
Camera Room Operator ............................................................
Caseworker I ................................................................................
Caseworker II ..............................................................................
Cashier/Starter .............................................................................
Chemist ...........................................................................................
Chief Miscellaneous Investigator..........................................
Citizens Information Representative...................................
Civil Engineer ..............................................................................
Claims Examiner.........................................................................
Clerk Typist..................................................................................
Clinical Laboratory Assistant ................................................
Clinical Laboratory Technician I .........................................
Clinical Laboratory Technician II .......................................
Cocaine Treatment Counselor I ............................................
Cocaine Intake Specialist ........................................................
Community Development Code Enforcement
Inspector/Refrigeration I.....................................................
Community Development Code Enforcement
Inspector/Refrigeration II ...................................................
Community Development Code Enforcement
Inspector/Refrigeration III .................................................
Community Development Code Enforcement
Inspector/Trainee....................................................................
Community Development Planner ........................................
Community Health Aide...........................................................
Community Relations Representative I .............................
Community Relations Representative II ...........................
Community Relations Representative III..........................
Composing Equipment Operator............................................
Computer Monitor Assistant ...................................................
Computer Operator......................................................................
Construction Technician...........................................................
Consumer Protection Specialist .............................................
Contract and Monitoring Specialist .....................................
Cook .................................................................................................
Copy Center Operator................................................................
Cost Construction Estimator...................................................
Customer Service Representative .........................................
Data Control Clerk.....................................................................
Data Conversion Operator .......................................................
Dental Assistant ..........................................................................
Development Officer ..................................................................
Dietician .........................................................................................
Disease Surveillance Specialist .............................................
Drug and Alcohol Counselor ..................................................
Electrical Engineer ....................................................................
Electronic Engineer ...................................................................
Elevator Inspector ......................................................................
Engineer .........................................................................................
Environmental Compliance Specialist I .............................
Environmental Compliance Specialist II ...........................
Environmental Compliance Specialist III .........................
Environmental Enforcement Specialist I...........................
Environmental Enforcement Specialist II.........................
Environmental Enforcement Specialist III .......................
Environmental Monitoring Specialist I ..............................
Environmental Monitoring Specialist II ............................
Environmental Monitoring Specialist III...........................
Environmental Technician ......................................................
Family Planning Clerk.............................................................
Financial Analyst .......................................................................

2286

December 9, 2009
$10.00
$10.00
$10.00
$10.00
$10.00
$13.42
$10.00
$10.00
$10.02
$10.00
$14.26
$14.08
$14.89
$15.70
$26.35
$11.15
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00

$20.59
$21.52
$21.52
$21.52
$21.52
$22.64
$23.05
$23.86
$16.48
$16.47
$21.88
$23.88
$25.23
$26.59
$27.97
$33.01
$18.73
$17.89
$19.61
$19.62
$26.07
$22.64
$18.73
$29.66
$22.64
$12.29
$18.73
$21.52
$23.05
$17.82
$16.03

$14.05

$23.88

$14.89

$25.23

$15.70

$26.59

$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$12.02
$10.00
$10.00
$11.38
$10.00
$10.00
$10.03
$10.00
$10.00
$10.00
$10.00
$10.00
$14.42
$10.00
$10.00
$10.00
$14.23
$22.78
$14.95
$16.35
$17.90
$14.95
$16.35
$17.90
$13.33
$14.18
$15.74
$12.35
$10.00
$10.00

$19.74
$28.54
$15.89
$18.73
$22.64
$28.02
$20.59
$13.61
$22.64
$22.64
$17.89
$23.95
$15.48
$18.19
$22.04
$17.16
$16.49
$14.94
$15.58
$26.58
$19.61
$31.54
$14.58
$29.66
$30.20
$24.00
$33.78
$22.55
$23.62
$30.39
$23.48
$24.60
$25.80
$23.28
$24.37
$25.53
$17.91
$13.74
$21.52

December 9, 2009
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The City Record

Financial Counselor ...................................................................
First Press Operator ..................................................................
Fuel System Technician...........................................................
General Health Aide..................................................................
General Storekeeper ...................................................................
Geriatric Outreach Worker .....................................................
Hardware Analyst ......................................................................
Hazardous Material Specialist ...............................................
Head Cook .....................................................................................
Head Storekeeper ........................................................................
Health Educator I ......................................................................
Health Educator II ....................................................................
Heating Inspector .......................................................................
Help Desk Analyst.....................................................................
HIV Educator ...............................................................................
Home Maintenance Aide ..........................................................
House Connection Inspector ...................................................
Residential Building Inspector ..............................................
Human Resources Contract Specialist ................................
Human Resources On-the-Job Training
Specialist ....................................................................................
Human Resources Planner ......................................................
Human Resources Special Projects Coordinator.............
Income Tax Tracer ....................................................................
Industrial Hygiene Engineer .................................................
Industrial Nuisance Inspector ................................................
Information Control Analyst ..................................................
Inspector of Weight and Measures .....................................
Instrumentation Technician I ................................................
Instrumentation Technician II ..............................................
Instrument Repairman ..............................................................
Intake Specialist .........................................................................
Interim Building Inspector .....................................................
Interim Residential Building Inspector .............................
Interim Residential Plan Examiner ....................................
Job Retraining Assistant .........................................................
Junior Cashier..............................................................................
Junior Chemist .............................................................................
Junior City Planner ...................................................................
Junior Civil Engineer ...............................................................
Junior Clerk ..................................................................................
Junior Draftsman........................................................................
Junior Engineering Aide .........................................................
Lab Coordinator...........................................................................
Laboratory Assistant .................................................................
Laboratory Helper ......................................................................
Landscape Architect...................................................................
Lead Pressman.............................................................................
Life Guard .....................................................................................
Life Guard Captain ....................................................................
Mechanical Engineer .................................................................
Mechanical Inspector I .............................................................
Mechanical Inspector II ...........................................................
Mechanical Inspector III..........................................................
Messenger.......................................................................................
Meter Reader ................................................................................
Miscellaneous Investigator ......................................................
Monitoring, Auditing and Evaluation
Coordinator ................................................................................
Network Analyst I......................................................................
Office Machine Operator ..........................................................
On The Job Training Specialist ...........................................
Park and Recreation Planner................................................
Parking Attendant......................................................................
Parking Meter Collector...........................................................
Parking Meter Serviceman......................................................
Permit Processing Specialist ..................................................
Pharmacist .....................................................................................
Pharmacodependent Rehabilitation
Counselor I ................................................................................
Pharmacodependent Rehabilitation
Counselor II ..............................................................................
Photographer ................................................................................
Photographic Laboratory Technician..................................
Photo-Litho Operator..................................................................
Physical Director I.....................................................................
Physical Director II...................................................................

2287

51
$10.00
$12.00
$10.00
$10.00
$10.00
$10.00
$14.48
$21.63
$10.00
$10.00
$10.00
$10.00
$14.23
$12.02
$10.00
$10.00
$12.70
$14.60
$10.00

$22.64
$21.60
$19.99
$15.90
$24.24
$21.52
$49.45
$31.70
$17.14
$22.39
$19.62
$21.52
$21.88
$24.59
$12.53
$15.89
$18.29
$20.46
$29.65

$10.21
$10.74
$10.21
$10.04
$10.00
$10.00
$10.00
$10.00
$16.87
$18.83
$10.00
$10.00
$19.00
$15.75
$20.25
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$16.82
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$14.08
$14.89
$15.70
$10.00
$12.82
$10.00

$25.21
$31.32
$25.21
$17.34
$29.65
$19.62
$20.53
$17.38
$21.07
$23.22
$20.75
$15.90
$19.77
$16.39
$21.07
$21.52
$16.48
$17.17
$19.62
$19.62
$13.73
$16.84
$17.17
$26.10
$18.73
$14.80
$28.02
$21.83
$15.69
$19.43
$29.65
$23.88
$25.23
$26.59
$14.80
$18.71
$18.08

$13.65
$14.52
$10.00
$12.71
$10.00
$10.00
$10.00
$13.62
$10.00
$10.74

$21.85
$34.25
$14.39
$21.11
$28.02
$15.90
$15.87
$16.69
$13.32
$31.31

$10.00

$15.20

$10.00
$10.00
$10.00
$10.00
$10.00
$10.00

$17.95
$21.52
$18.73
$17.17
$19.35
$20.88

52
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The City Record
Residential Plan Examiner.....................................................
Play Director ................................................................................
Police Data Specialist ...............................................................
Police Radio Technician ..........................................................
Pressman ........................................................................................
Preventive Health Counselor..................................................
Preventive Health Educator ...................................................
Principal Cashier ........................................................................
Principal Clerk ............................................................................
Print Shop Helper.......................................................................
Private Secretary ........................................................................
Program Analyst .........................................................................
Programmer...................................................................................
Programmer Analyst..................................................................
Property Clerk .............................................................................
Psychiatric Social Worker.......................................................
Psychologist I ..............................................................................
Psychologist II.............................................................................
Public Health Nursing Aide ...................................................
Public Health Sanitarian I .....................................................
Public Health Sanitarian II....................................................
Public Health Sanitarian III..................................................
Public Health Sanitarian IV ..................................................
Public Information Officer ......................................................
Quality Assurance Analyst .....................................................
Quality Control Coordinator ...................................................
Radio Dispatcher.........................................................................
Radio Technician ........................................................................
Receptionist ...................................................................................
Records Manager ........................................................................
Recreation Aide ...........................................................................
Recreation Instructor ................................................................
Recreation Instructor I.............................................................
Recreation Instructor II ...........................................................
Recreation Instructor III .........................................................
Recreation Program Supervisor ............................................
Redevelopment Advisor ............................................................
Redevelopment Coordinator ....................................................
Refrigeration Inspector ............................................................
Refugee Outreach Worker.......................................................
Registered Animal Health Technician ...............................
Rehabilitation Advisor ..............................................................
Rehabilitation Inspector ...........................................................
Sanitarian Aide ............................................................................
Second Press Operator ..............................................................
Secretary.........................................................................................
Secretary to Director of Consumer Affairs ......................
Senior Assistant Architect.......................................................
Senior Assistant City Planner ...............................................
Senior Assistant Civil Engineer ...........................................
Senior Assistant Electrical Engineer..................................
Senior Assistant Mechanical Engineer...............................
Senior Assistant Traffic Engineer .......................................
Senior Bacteriologist..................................................................
Senior Cashier ..............................................................................
Senior Chemist .............................................................................
Senior Clerk ..................................................................................
Senior Computer Operator .......................................................
Senior Contract and Monitoring Specialist .......................
Senior Data Conversion Operator .........................................
Senior Development Officer ....................................................
Senior Draftsman ........................................................................
Senior Engineering Draftsman and
Photographer ............................................................................
Senior Information Control Analyst ....................................
Senior Laboratory Technician................................................
Senior Landscape Architect ....................................................
Senior Site Inspector – Demolition ......................................
Sewer Service Man .....................................................................
Site Inspector................................................................................
Social Worker for Homeless ..................................................
Starter (Golf) ...............................................................................
S.T.D. Clerk ...................................................................................
Stenographer I .............................................................................
Stenographer II............................................................................
Stenographer III..........................................................................
Stock Clerk....................................................................................

2288

December 9, 2009
$10.00
$10.00
$10.00
$16.38
$10.00
$13.59
$10.00
$10.00
$11.93
$10.61
$10.00
$16.64
$10.00
$10.00
$11.37
$12.48
$10.74
$12.88
$10.63
$12.78
$14.35
$15.49
$10.00
$10.00
$10.00
$16.82
$17.33
$16.38
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$14.26
$10.00
$10.00
$10.00
$14.60
$11.62
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.29
$10.00
$11.34
$10.80
$12.63
$10.00

$25.59
$13.57
$17.90
$20.38
$21.12
$21.89
$14.71
$23.05
$19.51
$14.52
$20.59
$29.84
$26.59
$29.84
$33.04
$21.46
$28.55
$33.65
$13.71
$21.25
$22.91
$24.05
$29.55
$22.64
$26.58
$26.11
$20.38
$20.38
$15.16
$15.89
$10.93
$15.90
$16.94
$17.58
$18.60
$17.30
$23.87
$26.59
$21.88
$14.79
$15.90
$20.59
$26.57
$15.42
$19.32
$17.17
$28.02
$23.87
$23.87
$23.87
$23.87
$23.87
$23.87
$20.59
$19.61
$22.64
$16.10
$26.59
$28.18
$17.90
$34.88
$19.24

$10.00
$10.00
$10.86
$10.00
$10.00
$14.99
$10.00
$13.82
$10.00
$10.00
$10.00
$10.77
$10.00
$10.00

$21.52
$22.64
$17.51
$29.65
$25.21
$18.71
$22.64
$22.27
$13.16
$12.71
$14.42
$16.10
$17.89
$17.70

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The City Record

Storekeeper ....................................................................................
Street Obstruction Inspector ...................................................
Surveyor..........................................................................................
Tax Auditor I...............................................................................
Tax Auditor II .............................................................................
Technical Specialist ...................................................................
Technical Specifications Writer ............................................
Telecommunications Analyst I ..............................................
Telephone Operator ....................................................................
Telephone Supervisor ................................................................
Timekeeper ....................................................................................
Traffic Engineer .........................................................................
Traffic Sign and Marking Technician ...............................
Trainee Building Inspector .....................................................
Trainee Residential Plan Examiner ...................................
Typist ..............................................................................................
Urban Planning and Development Technician ...............
Utility Adjuster............................................................................
Vector Control Assistant ..........................................................
Veteran’s Counselor ...................................................................
Water Hydraulic Repairman ..................................................
Water Meter Repairman ..........................................................
Water Pipe Repairman .............................................................
Water Serviceman.......................................................................
Water System Construction Inspector ................................
Web Content Editor ...................................................................

53
$10.00
$10.00
$10.00
$10.60
$12.41
$10.00
$10.00
$14.53
$10.00
$10.00
$10.00
$10.00
$13.68
$18.60
$18.25
$10.00
$10.00
$10.64
$10.00
$10.00
$14.99
$14.99
$13.58
$10.00
$15.67
$10.00

$20.16
$18.73
$26.59
$18.20
$20.13
$22.64
$23.88
$41.21
$16.48
$17.17
$17.17
$28.02
$17.17
$19.74
$20.51
$14.94
$14.95
$16.10
$14.33
$19.49
$18.71
$18.71
$20.51
$15.98
$23.38
$28.90

Section 2. That existing Section 8 of Ordinance No. 947-08, passed June 9, 2008, as amended by Ordinance No.
316-09, passed March 16, 2009, Ordinance No. 408-09, passed March 30, 2009 and Ordinance No. 778-09, passed June
1, 2009, is repealed.
Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative
vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon
its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest
period allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1760-09.
By Council Member Sweeney.
An emergency ordinance authorizing the Clerk of Council to enter into
an agreement with Guy Gadomski,
CPA to provide professional financial
consulting and auditing services for
Cleveland City Council.
Whereas, this ordinance constitutes
an emergency measure providing for
the usual daily operation of a municipal department; now, therefore,
Be it ordained by the Council of the
City of Cleveland:
Section 1. That the Clerk of Council is authorized to enter into an
agreement with Guy Gadomski, CPA
to provide professional financial consulting and auditing services for
Cleveland City Council, including,
but not limited to, assistance with
analysis of initiatives to fill the
budget gap in the years 2010 and
2011, analysis of the Mayor’s Estimate, preparation and presentation
of
the
Council
budget
retreat,
monthly budget reviews, analyses
and briefings to the Council President, and any other financial advisory services as directed by the
Clerk or her designee. This agreement shall be entered into as of January 1, 2010 and shall be for a term
of one year. The agreement shall be
certified for $50,000 from fund numbers 632000-01-010100.
Section 2. That this ordinance is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it

shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1761-09.
By Council Member Cloud.
An emergency ordinance authorizing the issuance of a Temporary Sidewalk Occupancy Permit to Nikolaos
Likos to engage in peddling in Ward
8 at East 105th Street and Chester
Avenue.
Whereas,
pursuant
to
Section
675.07 of the Codified Ordinances of
Cleveland, Ohio, 1976, (the “Codified
Ordinances”) the consent of Council
expressed by ordinance is a prerequisite to peddling upon public rights
of way outside of the Central Business District; and
Whereas, this Council has considered the request of Nikolaos Likos
to engage in peddling outside of the
Central Business District, and has
determined that it is in the public
interest to allow Nikolaos Likos to
peddle in Ward 8; and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That this Council consents, as required by, Section 675.07
of the Codified Ordinances to allow
Nikolaos Likos to engage in mobile
peddling in the public rights of way

2289

of Ward 8 at East 105th Street and
Chester Avenue.
Section 2. That all of the requirements of Chapter 675 of the Codified
Ordinances shall apply to the persons named in Section 1 of this ordinance.
Section 3. That the privilege granted may be revoked at any time by
this Council.
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1762-09.
By Council Member Santiago.
An emergency ordinance authorizing the Director of the City Planning
Commission to enter into agreement
with The Flats Oxbow Association for
the Flats Oxbow Strategies Long
Range Development Plan through the
use of Neighborhood Capital Funds.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of the
City Planning Commission is authorized to enter into agreement with

The City Record

54
The Flats Oxbow Association for the
Flats Oxbow Strategies Long Range
Development Plan for the public purpose of promoting commercial retail
and residential development in the
city of Cleveland through the use of
Ward 14 Neighborhood Capital Funds.
Section 2. That the cost of said
contract shall be in an amount not
to exceed $30,000 and shall be paid
from Fund No. 10 SF 177.
Section 3. That the Director of
Law shall prepare and approve said
contract and that the contract shall
contain such terms and provisions
as he deems necessary to protect the
City’s interest.
Section 4. That this ordinance is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

Ord. No. 1763-09.
By Council Member Wilkes.
An emergency ordinance amending Section 2 of Ordinance No. 156409 passed October 26, 2009, which
amended Ordinance No. 1448-09 passed
October 5, 2009 as it pertains to the
Miles Crossing Point Retail Center
Project through the use of Ward 2
Neighborhood Capital Funds and
Neighborhood Equity Funds.
Whereas, this ordinance constitutes
an emergency measure providing for
the usual daily operation of a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That Section 2 of Ordinance Number 1564-09 passed October 26, 2009, which amended Ordinance No. 1448-09 passed October 5,
2009 is hereby amended to read as
follow:
Section 2. That the cost of said
contract shall be in an amount not
to exceed $150,000 and shall be paid
from Fund No. 10 SF 177, and Fund
No. 10 SF 166.

December 9, 2009
Section 2. That Section 2 of Ordinance Number 1564-09 passed October 26, 2009, which amended Ordinance No. 1448-09 passed October 5,
2009 is hereby repealed.
Section 3. That this ordinance is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 30, 2009.
Effective December 3, 2009.

COUNCIL COMMITTEE
MEETINGS

NO MEETINGS

Index
O—Ordinance; R—Resolution; F—File
Bold figures—Final Publication; D—Defeated; R—Reprint; T—Tabled; V—Vetoed;
Bold type in sections indicates amendments

Agreements
City of Bratenahl, Ohio for EMS services (O 1663-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Clerk of Council — Guy Gadomski, CPA (financial consulting & auditing services) (O 1760-09) . . . . . . .
Community Arts Education Program — Sankofa Fine Art Plus (Ward 08 NEF) (O 1796-09) . . . . . . . . . . .
Community Social Support Program — Ohio City Near West Development Corporation
(Ward 13 NCF) (O 1799-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development — cooperative agreement — Cuy. Co. Port Authority & Flats East
Development LLC — (TIF) (O 1758-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development — cooperative agreement — Cuy. & Summit Co. Port Authority —
State of Ohio Treasurer — Flats East Development, LLC (O 1759-09) . . . . . . . . . . . . . . . . . . . . . . . . . . .
Flats Oxbow Strategies Long Range Development Plan — City Planning Commission
(Ward 14 NCF) (O 1762-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Just Like US Enrichment Center — Community Re-entry Network Program (Ward 01 NEF) (O 1798-09)

. . . . . . . 2247
. . . . . . . 2289
. . . . . . . 2241
. . . . . . . 2242
. . . . . . . 2249
. . . . . . . 2249
. . . . . . . 2289
. . . . . . . 2242

Appropriations
Appropriations — Temporary — January 1, 2010 (O 1722-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2276
Appropriations — ($800,000) — Convention Center Funds (O 1723-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2284

Automobiles
Exercise options to renew contracts for the towing and salvaging of motor vehicles (O 790-09) . . . . . . . . . . . . . . . 2259

Banners
Glenville High School — 1111 St. Clair Ave. — Dec. 1 to Jan. 01 — Honoring Glenville High
School Tarblooders (Ward 9) (O 1800-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2242

Board of Control — Concession Agreement
Vending machines — per Ord. 98-09 — grant exclusive to Cleveland Coca-Cola Bottling
Company, Inc. (BOC Res. 542-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2250

Board of Control — Parks, Recreation and Properties Department
Vending machines — per Ord. 98-09 — grant exclusive to Cleveland Coca-Cola Bottling
Company, Inc. — Dept. of Parks, Recreation and Properties (BOC Res. 542-09) . . . . . . . . . . . . . . . . . . . . . . . . . 2250

Board of Control — Professional Service Contracts
Engineering services for Waterloo Avenue reconstruction (E. 152nd St. to E. 162nd St.) —
per Ord. 689-08 to Osborn Engineering — Dept. of Public Service (BOC Res. 541-09) . . . . . . . . . . . . . . . . . . . . . 2249

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December 9, 2009

The City Record

55

Board of Control — Public Service Department
Engineering services for Waterloo Avenue reconstruction (E. 152nd St. to E. 162nd St.) —
per Ord. 689-08 to Osborn Engineering (BOC Res. 541-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2249

Board of Zoning Appeals — Report
Adolpha Avenue, 3280 (a.k.a. 3270 East 65th Street), (Ward 12) — Reginald Williams,
owner — appeal postponed to 2/8/10 on 12/7/09 (Cal. 09-229) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bellaire Road, 12010, (Ward 19) — Dolores Wagner, owner — appeal heard on 12/7/2009
(Cal. 09-14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cornell Road, 2175, (Ward 6) — Henry E Billingsley II, Trustee, owner and MDR, LLC,
prospective purchaser — appeal heard on 12/7/2009 (Cal. 09-193) . . . . . . . . . . . . . . . . . . . . . . . . .
Detroit Avenue, 7505, (Ward 17) — Rodney and Anitra Boyt, owners — appeal heard on
12/7/09 (Cal. 09-227) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 152nd Street, 740, (Ward 10) — City of God Baptist Fellowship, owner — appeal
granted and adopted on 12/7/09 (Cal. 09-228) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Edgewater Drive, 10433, (Ward 18) — Louis Carlozzi, owner — appeal withdrawn on 12/7/09
(Cal. 09-231) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fleet Avenue, 5729, (Ward 12) — The David Wolfson Trust, owner — appeal granted and
adopted on 12/7/069 (Cal. 09-225) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fleet Avenue, 7310, (Ward 12) — Mukesh Agarwal, owner — appeal postponed to 1/19/09 on
12/7/09 (Cal. 09-233) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lorain Avenue, 3919, (Ward 14) — Rach-Land Corporation, owner — appeal granted and
adopted on 12/7/09 (Cal. 09-211) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Meech Avenue, 10409, (PPN 136-10-040), (Ward 2) — Number One Grace Properties LLC, owner —
appeal postponed to 2/1/10 on 12/7/09 (Cal. 09-111). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Meech Avenue, 10409, ( PPN 136-10-041), (Ward 2) — Number One Grace Properties LLC, owner —
appeal postponed to 2/1/10 on 12/7/09 (Cal. 09-112). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Meech Avenue, 10409, ( PPN 136-10-042), (Ward 2) — Number One Grace Properties LLC, owner —
appeal postponed to 2/1/10 on 12/7/09 (Cal. 09-113). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mungai, John — — appeal heard on 12/7/09 (Cal. 09-234) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schell Avenue, 2320, (Ward 16) — Tony Kril, owner — appeal granted and adopted on 12/7/09
(Cal. 09-224) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . 2251
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Board of Zoning Appeals — Schedule
Ashbury Avenue, 11010, (Ward 9) — Samona Johnson, owner — appeal to be heard
on 12/21/2009 (Cal. 09-243) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Barberton Avenue, 6605, (Ward 16) — Kenneth Easterly, owner — appeal to be heard on
12/21/2009 (Cal. 09-241) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Broadview Road, 3436, (Ward 15) — Aqua Santi Builders, owner — appeal to be heard
on 12/21/2009 (Cal. 09-246) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Broadview Road, 4641, (Ward 5) — Katherine Kirschnick, owner — appeal to be heard
on 12/21/2009 (Cal. 09-249) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Brookpark Road, 1070, (Ward 516) — Joseph Ritondaro, d.b.a. Maaco Collision Repair and
Auto Painting, owner — appeal to be heard on 12/21/2009 (Cal. 09-253) . . . . . . . . . . . . . . . . . .
Euclid Avenue, 7515, (Ward 6) — Cleveland Housing Network, owner and Emerald Alliance V,
LP — appeal to be heard on 12/21/2009 (Cal. 09-240) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Franklin Boulevard, 5705, (Ward 17) — Lynnhaven Development Group, LLC, owner —
appeal to be heard on 12/21/2009 (Cal. 09-242) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Superior Avenue, 4830, (Ward 7) — Raymond Adamic, owner and John Dunlap, prospective
purchaser, and Mizo Peldich, tenant — appeal to be heard on 12/21/2009
(Cal. 09-239) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Waterloo Road, 15701, (Ward 11) — Eric Kunde, owner and Chris McNeill, tenant —
appeal to be heard on 12/21/2009 (Cal. 09-232) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . 2250
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. . . . . . . . . . . . . . 2250
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Bonds
Cleveland Stadium refunding bonds (O 1717-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Core City refunding bond (O 1718-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development — Allocating portion of Recovery Zone Bonds for Flats
(O 1756-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development — cooperative agreement — Cuy. Co. Port Authority & Flats East
Development LLC — (TIF) (O 1758-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . 2265
. . . . . . . . . . . . . . . . . . 2271
. . . . . . . . . . . . . . . . . . 2248
. . . . . . . . . . . . . . . . . . 2249

Camp George L. Forbes
Summer Food Program, 2010 — Grant — Ohio Department of Education — food service operation
(O 1593-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246

City of Bratenahl
Agreement with City of Bratenahl, Ohio for EMS services (O 1663-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2247

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The City Record

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December 9, 2009

City of Cleveland Bids
Air compressors and fill stations for breating apparatus (Fire Station #5 and #10) —
Department of Public Service — Division of Architecture — per Ord. 490-07 —
bid due January 14, 2010 (advertised 12/9/2009 and 12/16/2009). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2252
City Hall Security Improvement Project — Department of Public Service —
Division of Architecture — per Ord. 485-07 — bid due January 14, 2010
(advertised 12/9/2009 and 12/16/2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2251
Ontario Street sewer relining project — Department of Public Utilities —
Division of Water Pollution Control — per Ord. 740-08 — bid due January 14, 2010
(advertised 12/9/2009 and 12/16/2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2252

City Planning Commission
Apply for & accept NOACA Livable Communities Grant Program; transportation project planning
(O 1671-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. 73rd Pl. & Klonowski Ave. (S.E.) — vacate a portion — Service Department (Ward
12) (O 1595-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Flats Oxbow Strategies Long Range Development Plan — agreement (Ward 14 NCF)
(O 1762-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Live-Work Overlay zoning district — E.34th St., E. 36th St. and St. Clair Ave. (O 1418-09) . . . . . . . . . .

. . . . . . . . . . . 2247
. . . . . . . . . . . 2246
. . . . . . . . . . . 2289
. . . . . . . . . . . 2249

Cemeteries Division
Amend various sect(s) of Chapter 557 — Relating to cemeteries (O 1659-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2262

Clerk of Council
Agreement — Guy Gadomski, CPA (financial consulting & auditing services) (O 1760-09) . . . . . . . . . . . . . . . . . . . 2289

Cleveland — Cuyahoga County Port Authority
Economic Development — cooperative agreement — Cuy. & Summit Co. Port Authority —
State of Ohio Treasurer — Flats East Development, LLC (O 1759-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2249

Cleveland Hopkins International Airport
Port Control Dept. — public improvement contract — professional services for rehab. Taxiway
L at CHIA (O 1609-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2261

Cleveland Public Power
Lights, decorative post — installation — Utilities Department (O 1751-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248

Codified Ordinances
Amend various code sections regarding gender identity — Office of Equal Opportunity
(O 1260-08) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend various sect(s) of Chapter 557 — Relating to cemeteries (O 1659-09) . . . . . . . . . . . . . . . . . .
Enact new Sect(s) 523.25 & 523.26 — interconnection service for distributed generation
and net metering service (O 1662-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enact new Sect. 551.022 — Solid Waste Collection Fee (O 1657-09) . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enact Sect. 523.021 — Electricity rates (O 1586-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enacting new Sect(s) 463.01 to 463.07 & 463.99 — Valet Services (O 1749-09) . . . . . . . . . . . . . . . . . .
Enacting new Sect(s) 463.01 to 463.07 & 463.99 — Valet Services (O 1749-09) . . . . . . . . . . . . . . . . . .
Exercise options to renew contracts for the towing and salvaging of motor vehicles (O 790-09) .

. . . . . . . . . . . . . . 2253
. . . . . . . . . . . . . . 2262
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2259

Community Development Department
Community Arts Education Program — agreement — Sankofa Fine Art Plus (Ward 08 NEF)
(O 1796-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community Social Support Program — agreement — Ohio City Near West Development Corporation
(Ward 13 NCF) (O 1799-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contracts with various non-profit agencies & County for homeless assistance (O 1664-09) . . . . . . . . . . .
Just Like US Enrichment Center — agreement — Community Re-entry Network Program (Ward 01
NEF) (O 1798-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
St. Clair Ave. — PPN 111-17-009 / 010 — Land Reutilization Program — New Covenant Christian
Church (Ward 10) (O 1597-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State Rd., 4297 — PPN 014-20-013 — Land Reutilization Program — Christopher S. Yarina &
Shane M. Yarina (Ward 15) (O 1788-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Condolences
Cole, Sr., Ronald (R 1810-09) . . . . . . . .
Collins, Angela Renee (R 1811-09) . . .
Mangano, Anthony F (R 1808-09) . . . .
Reynolds, Sr., William E. (R 1809-09)

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2239

December 9, 2009

The City Record

57

Congratulations
Glenville Tarblooders Football Team (R 1812-09) . . . . . . . . . . . . . . . . . .
Hearne, Phillip Gordon (R 1815-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Martines, Karen E. (R 1813-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Martines, Karen E. — “I Love My Librarian!” 2009 Award (R 1814-09) .

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2240
2240
2240
2240

Contracts
Agreement with Utilities Dept. & RTA (Cedar Ave.) — public improvement contracts —
professional service (O 1273-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2245
Amend Sect. 2 of Ord. No. 1564-09 — Miles Crossing Point Retail Center Project (Ward 02
NCF & NEF) (O 1763-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2290
Amend Sect. 2 of Ord. No. 1892-05 — Flats East Development, LLC — Economic Development
(Ward 13) (O 1757-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248
Clean Ohio Grant — Shaker Associates, LLC — Key Gas Components facility at 1966 East 66th
St. (O 1716-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248
Community Development — various non-profit agencies & County for homeless assistance (O 1664-09) . . . . . . . . 2247
Economic Development — Apply for & Accept Clean Ohio Grant & contracts for Miceli’s Dairy (O 1668-09) . . . . . 2247
Exercise first option to renew Contract No. 67632 with KS Associates, Inc. (O 1589-09) . . . . . . . . . . . . . . . . . . . . . . . 2260
Exercise options to renew contracts for the towing and salvaging of motor vehicles (O 790-09) . . . . . . . . . . . . . . . 2259
Lights, decorative post — installation — Utilities Department (O 1751-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248
Personal handheld devices — cellular devices — pager equipment — hardware and software —
Finance Department (O 1709-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2265
Port Control — install diesel emission reduction systems (O 1590-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2261
Port Control Dept. — public improvement — professional services for rehab. Taxiway L at
CHIA (O 1609-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2261
ProTech Security — Security Updates — Water Division (O 1750-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248
Public improvement — professional services for Service facilities (O 1180-08) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2249-T
Public improvement for Harvard Yard facility (O 1542-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246
Purchase contracts for rehab for terminal ticketing lobby — public improvement —
professional consultants (O 1588-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2260
Purchase contracts for rehab. of terminal building exterior — public improvement —
professional consultants (O 1587-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2259
The Greater Cleveland Sports Commission (O 1596-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246
Tree lawn (labor & materials) — Division of Urban Forestry (O 1797-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2242
Utilities Department — AMP for the Meldahl and Greenup Hydroelectric Project (O 1585-09) . . . . . . . . . . . . . . . . . 2246
Utilities Department — public improvement — cleaning & cement mortar lining (O 1541-09) . . . . . . . . . . . . . . . . . 2246

Convention Center
Appropriations — ($800,000) — Convention Center Funds (O 1723-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2284

County Auditor
Tax Advances, Year 2010 — request County Auditor — City Treasury — Finance
Department (R 1672-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2252

Cuyahoga County
Community Development — contracts with various non-profit agencies & County for homeless
assistance (O 1664-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2247
Juvenile Accountability Block Grant Program — Cuy. Co. Dept. of Justice Affairs Criminal
Justice Services Agency (O 1670-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2247

Cuyahoga County Port Authority
Economic Development — cooperative agreement — Flats East Development LLC — (TIF)
(O 1758-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2249

Easements
Euclid Corridor Project — right-of-way — Greater Cleveland Regional
Transit Authority (GCRTA) — Service Dept. (O 1719-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248

Economic Development Department
Allocating portion of Recovery Zone Bonds for Flats (O 1756-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend Sect. 2 of Ord. No. 1564-09 — Miles Crossing Point Retail Center Project (Ward 02
NCF & NEF) (O 1763-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend Sect. 2 of Ord. No. 1892-05 — Flats East Development, LLC — contract (Ward 13) (O 1757-09) . . .
Apply for & Accept Clean Ohio Grant & contracts for Miceli’s Dairy (O 1668-09) . . . . . . . . . . . . . . . . . . . . . .
Clean Ohio Grant — Contracts with Shaker Associates, LLC — Key Gas Components facility
at 1966 East 66th St. (O 1716-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cooperative agreement — Cuy. Co. Port Authority & Flats East Development LLC — (TIF) (O 1758-09)
Cooperative agreement — Cuy. & Summit Co. Port Authority — State of Ohio Treasurer — Flats
East Development, LLC (O 1759-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2293

. . . . . . . 2248
. . . . . . . 2290
. . . . . . . 2248
. . . . . . . 2247
. . . . . . . 2248
. . . . . . . 2249
. . . . . . . 2249

The City Record

58

December 9, 2009

Professional consultants — to implement a Climate Action Plan — Sustainable Cleveland 2019
Follow-Up Plan (O 1669-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Resolution supporting county application to Clean Ohio Council for industrial Bldgs. &
Art Metals sites (R 1673-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tax Incentive Review Council’s Year 2008 recommendations (O 1667-09) . . . . . . . . . . . . . . . . . . . .
The Greater Cleveland Sports Commission — Contract (O 1596-09) . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . 2247
. . . . . . . . . . . . . . 2249
. . . . . . . . . . . . . . 2247
. . . . . . . . . . . . . . 2246

Emergency Medical Service Division
Agreement with City of Bratenahl, Ohio for EMS services (O 1663-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2247

Enterprise Funds
Transfer ($3,024,200) within various divisions of the General Fund — ($500,000) within
the Special Revenue Fund — ($45,000) within the Enterprise Fund (O 1720-09) . . . . . . . . . . . . . . . . . . . . . . . . . 2274

Estabrook Recreation Center
Memphis Fulton Associates Limited Partnership — lease agreement — for property on Fulton
Rd. (O 1787-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2241

Euclid Corridor Transportation Project
Easement — right-of-way — Greater Cleveland Regional Transit Authority (GCRTA) —
Service Dept. (O 1719-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248

Fees
Professional consultants to assess City fees (O 1658-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2262

Finance Department
Appropriations — ($800,000) — Convention Center Funds (O 1723-09). . . . . . . . . . . . . . . . . . . . . .
Appropriations — Temporary — January 1, 2010 (O 1722-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cleveland Stadium refunding bonds (O 1717-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Core City refunding bond (O 1718-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enact new Sect. 551.022 — Solid Waste Collection Fee (O 1657-09) . . . . . . . . . . . . . . . . . . . . . . . . .
Financial statement assessment, 2009 — Ohio State Auditor — Taxation Division —
Water Division (O 1748-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Personal handheld devices — cellular devices — pager equipment — hardware and software
(O 1709-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Professional consultants to assess City fees (O 1658-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tax Advances, Year 2010 — request County Auditor — City Treasury (R 1672-09) . . . . . . . . . . .
Transfer ($3,024,200) within various divisions of the General Fund — ($500,000)
within the Special Revenue Fund — ($45,000) within the Enterprise Fund
(O 1720-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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2284
2276
2265
2271
2246

. . . . . . . . . . . . . . . . 2284
. . . . . . . . . . . . . . . . 2265
. . . . . . . . . . . . . . . . 2262
. . . . . . . . . . . . . . . . 2252

. . . . . . . . . . . . . . . . 2274

Fire Division
MOU NASA & CFD — design, development, and testing of a robotics platform & testbed in a
realistic HAZMAT environment (O 1510-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2259

Flats District
Amend Sect. 2 of Ord. No. 1892-05 — Flats East Development, LLC — contract —
Economic Development (Ward 13) (O 1757-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development — Allocating portion of Recovery Zone Bonds for Flats
(O 1756-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development — cooperative agreement — Cuy. Co. Port Authority & Flats East
Development LLC — (TIF) (O 1758-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development — cooperative agreement — Cuy. & Summit Co. Port Authority —
State of Ohio Treasurer — Flats East Development, LLC (O 1759-09) . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . 2248
. . . . . . . . . . . . . . . . . . 2248
. . . . . . . . . . . . . . . . . . 2249
. . . . . . . . . . . . . . . . . . 2249

Flats Oxbow Association
Flats Oxbow Strategies Long Range Development Plan — agreement — City Planning Commission
(Ward 14 NCF) (O 1762-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2289

General Funds
Transfer ($3,024,200) within various divisions of the General Fund —
($500,000) within the Special Revenue Fund — ($45,000) within the
Enterprise Fund (O 1720-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2274

2294

December 9, 2009

The City Record

59

Grants
After School Snack Program — Ohio Department of Education (O 1592-09) . . . . . . . . . . . . . . . . . . . . . .
Amend Sect. 8 of Ord. No. 688-08 — Rehabilitation of East 30th Street — GCRTA (O 1712-09) . . . . . . .
Apply & Accept Issue I funding for MLK, Fulton Ave., E. 152nd St., East 88th St.(bridge
and road improvements) (O 1412-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Apply & Accept Project HEAL (Healthy Eating Active Living Program) — Grant — The Sisters
of Charity Foundation (O 1725-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Apply for & accept NOACA Livable Communities Grant Program; transportation project planning
(O 1671-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Clean Ohio Grant — Contracts with Shaker Associates, LLC — Key Gas Components facility
at 1966 East 66th St. (O 1716-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development — Apply for & Accept Clean Ohio Grant & contracts for Miceli’s Dairy
(O 1668-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Juvenile Accountability Block Grant Program — Cuy. Co. Dept. of Justice Affairs Criminal
Justice Services Agency (O 1670-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Solid Waste Disposal Program, 2010 — Cuyahoga County Solid Waste District — Health
Department (O 1713-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
STD Control Prevention Program, 2010 — Ohio Department of Health (O 1752-09) . . . . . . . . . . . . . . . .
Summer Food Program, 2010 — Ohio Department of Education — food service operation — Camp
George L. Forbes (O 1593-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . 2261
. . . . . . . . . . . 2248
. . . . . . . . . . . 2246
. . . . . . . . . . . 2248
. . . . . . . . . . . 2247
. . . . . . . . . . . 2248
. . . . . . . . . . . 2247
. . . . . . . . . . . 2247
. . . . . . . . . . . 2248
. . . . . . . . . . . 2248
. . . . . . . . . . . 2246

Harvard Yard
Public improvement contract for Harvard Yard facility (O 1542-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246

Health Department
Apply & Accept Project HEAL (Healthy Eating Active Living Program) — Grant — The Sisters
of Charity Foundation (O 1725-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248
Solid Waste Disposal Program, 2010 — Cuyahoga County Solid Waste District — Grants (O 1713-09) . . . . . . . . . . 2248
STD Control Prevention Program, 2010 — Grants — Ohio Department of Health (O 1752-09) . . . . . . . . . . . . . . . . . . 2248

Homeless
Community Development — contracts with various non-profit agencies & County for homeless
assistance (O 1664-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2247

Information System Services Division
Personal handheld devices — cellular devices — pager equipment — hardware and software —
Finance Department (O 1709-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2265

Land Reutilization Program
St. Clair Ave. — PPN 111-17-009 / 010 — New Covenant Christian Church (Ward 10) (O 1597-09) . . . . . . . . . . . . . . . 2246
State Rd., 4297 — PPN 014-20-013 — Christopher S. Yarina & Shane M. Yarina (Ward 15) (O 1788-09) . . . . . . . . . . . 2241

Lease Agreement
Memphis Fulton Associates Limited Partnership — for property on Fulton Rd. — Estabrook
Park (O 1787-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2241
U.S. Coast Guard — Ninth Street Lot Nos. 9 & 10 (used for government purposes, including
parking) (O 1785-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2240

Lease by Way of Concession
Port Control — Ninth Street Lots Nos. 9 & 10 — Special Event Parking (O 1784-09) . . . . . . . . . . . . . . . . . . . . . . . . . . 2240

Liquor Permits
Buckeye Rd., 11132 — withdraw objection to renewal — repeal Res. 1136-09 (Ward 04) (R 1766-09) .
Clinton Ave., 2800 — objection to transfer of ownership (Ward 13) (R 1789-09). . . . . . . . . . . . . . . . . . .
East 116th St., 3344 — stock transfer application (Ward 04) (F 1801-09) . . . . . . . . . . . . . . . . . . . . . . . . .
East 185th St., 1035 — transfer of ownership application (Ward 11) (F 1802-09) . . . . . . . . . . . . . . . . . .
Independence Rd., 3421 — objection to issuance (Ward 13) (R 1790-09) . . . . . . . . . . . . . . . . . . . . . . . . .
Kinsman Ave., 9203 — withdraw objection to renewal — repeal Res. 1139-09 (Ward 04) (R 1767-09)
Literary Ave., 806 (1st. fl.) — objection to transfer of ownership (Ward 13) (R 1794-09) . . . . . . . . . . .
Lorain Ave., 12703-05 (1st. fl. & bsmt.) — transfer of ownership application (Ward 17) (F 1804-09) .
Lorain Ave., 17400 — transfer of ownership and location application (Ward 19) (F 1806-09) . . . . . . .
Miles Ave., 11609 — withdraw objection to renewal — repeal Res. 1153-09 (Ward 02) (R 1769-09) . . .
Pearl Rd., 4126 — objection to issuance (Ward 15) (R 1764-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Professor St., 2505 (1st fl. & bsmt.) — objection to transfer of ownership — (Ward 13) (R 1791-09) .
Ridge Rd., 3837 — withdraw objection to transfer of liquor license — repeal Res. 1395-09
(Ward 16) (R 1768-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S Waterloo Rd., 19600 — stock transfer application (Ward 11) (F 1803-09). . . . . . . . . . . . . . . . . . . . . . .
Starkweather Ave., 751 (Suite # 4) — objection to transfer of liquor license (Ward 13) (R 1792-09) .

2295

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2253
2243
2239
2239
2243
2253
2245
2239
2239
2253
2252
2243

. . . . . . . . . . . 2253
. . . . . . . . . . . 2239
. . . . . . . . . . . 2244

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West 117th St., 3934 — transfer of ownership and location application (Ward 17) (F 1805-09) .
West 6th St., 1303 (1st. fl., bsmt. & patio) — objection to transfer of stock — (Ward 13)
(R 1793-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Woodland Ave., 6002 — objection to transfer of liquor license (Ward 05) (R 1795-09) . . . . . . . .
Woodland Ave., 8800 (lower level) — withdraw objection to renewal — repeal Res. 956-09
(Ward 04) (R 1765-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

December 9, 2009
. . . . . . . . . . . . . . . . 2239
. . . . . . . . . . . . . . . . 2244
. . . . . . . . . . . . . . . . 2245
. . . . . . . . . . . . . . . . 2252

Memoranda of Understanding
MOU NASA & CFD — design, development, and testing of a robotics platform & testbed in a
realistic HAZMAT environment (O 1510-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2259

NASA
MOU NASA & CFD — design, development, and testing of a robotics platform & testbed in a
realistic HAZMAT environment (O 1510-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2259

Neighborhood Equity Funds
Amend Sect. 2 of Ord. No. 1564-09 — Miles Crossing Point Retail Center Project (Ward 02
NCF & NEF) (O 1763-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2290
Community Arts Education Program — agreement — Sankofa Fine Art Plus (Ward 08 NEF)
(O 1796-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2241
Just Like US Enrichment Center — agreement — Community Re-entry Network Program
(Ward 01 NEF) (O 1798-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2242

Northeast Ohio Areawide Coordinating Agency
Amend Sect. 1 of Ord. No. 319-09 — various infrastructure projects (include the Lorain
Ave. resurfacing project) (O 1786-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2240

Northeast Ohio Regional Sewer District
Convey permanent and temporary easement to NEORSD on Lee Rd. (Ward 01) (O 1594-09) . . . . . . . . . . . . . . . . . . . 2246

Ohio City Near West Development Corporation
Community Social Support Program — agreement (Ward 13 NCF) (O 1799-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2242

Ohio Department of Education
After School Snack Program — Grant (O 1592-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2261
Summer Food Program, 2010 — Grant — food service operation — Camp George L. Forbes
(O 1593-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246

Ohio Department of Public Health
STD Control Prevention Program, 2010 — Grants (O 1752-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248

Office of Equal Opportunity
Amend various code sections regarding gender identity (O 1260-08) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2253

Parks, Recreation and Properties Department
After School Snack Program — Grant — Ohio Department of Education (O 1592-09) . . . . . . . . . . .
Appropriations — ($800,000) — Convention Center Funds (O 1723-09). . . . . . . . . . . . . . . . . . . . . . . .
Convey permanent and temporary easement to NEORSD on Lee Rd. (Ward 01) (O 1594-09) . . . . .
Memphis Fulton Associates Limited Partnership — lease agreement — for property on Fulton
Rd. — Estabrook Park (O 1787-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Summer Food Program, 2010 — Grant — Ohio Department of Education —
food service operation — Camp George L. Forbes (O 1593-09) . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tree lawn (labor & materials) — contracts — Division of Urban Forestry (O 1797-09) . . . . . . . . .

. . . . . . . . . . . . . . 2261
. . . . . . . . . . . . . . 2284
. . . . . . . . . . . . . . 2246
. . . . . . . . . . . . . . 2241
. . . . . . . . . . . . . . 2246
. . . . . . . . . . . . . . 2242

Peddlers
Likos, Nikolaos, Temporary Sidewalk Occupancy Permit — East 105th St. & Chester Ave.
(Ward 08) (O 1761-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2289

Permits
Likos, Nikolaos, Temporary Sidewalk Occupancy Permit — East 105th St. & Chester Ave.
(Ward 08) (O 1761-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2289

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Personnel Department
Amend Sect. 45 of Ord. No. 947-08 — Payband Sect. 45 (Building & Construction Trades
Council) (O 1753-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2284
Amend Sect. 8 of Ord. No. 947-08 — Sect. 8 (International Local 100, AFSCME Ohio Council
8 AFL — CIO) (O 1754-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2285

Port Control Department
Contracts — install diesel emission reduction systems (O 1590-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exercise first option to renew Contract No. 67632 with KS Associates, Inc. (O 1589-09) . . . . . . . . . . . . .
Lease Agreement with U.S. Coast Guard — Ninth Street Lot Nos. 9 & 10 (used for government
purposes, including parking) (O 1785-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Leases By Way of Concession — Ninth Street Lots Nos. 9 & 10 — Special Event Parking (O 1784-09) .
Public improvement contract — professional services for rehab. Taxiway L at CHIA (O 1609-09) . . .
Purchase contracts for rehab for terminal ticketing lobby — public improvement —
professional consultants (O 1588-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Purchase contracts for rehab. of terminal building exterior — public improvement —
professional consultants (O 1587-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . 2261
. . . . . . . . . . 2260
. . . . . . . . . . 2240
. . . . . . . . . . 2240
. . . . . . . . . . 2261
. . . . . . . . . . 2260
. . . . . . . . . . 2259

Professional Service
Agreement with Utilities Dept. & RTA (Cedar Ave.) — public improvement contracts (O 1273-09). . . . . . . . . . . . . 2245
Amend title & Sect(s) 1&2 of Ord. No. 1260-06 — Human Resource Enhancement Program
(Phase II and Phase III) (O 1661-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2247
Economic Development — to implement a Climate Action Plan — Sustainable Cleveland 2019
Follow-Up Plan (O 1669-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2247
Exercise first option to renew Contract No. 67632 with KS Associates, Inc. (O 1589-09) . . . . . . . . . . . . . . . . . . . . . . . 2260
Port Control Dept. — public improvement contract — for rehab. Taxiway L at CHIA (O 1609-09) . . . . . . . . . . . . . . 2261
Professional consultants to assess City fees (O 1658-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2262
ProTech Security — Contracts — Security Updates — Water Division (O 1750-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248
Public improvement contract — Service facilities (O 1180-08) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2249-T
Purchase contracts for rehab for terminal ticketing lobby — public improvement (O 1588-09) . . . . . . . . . . . . . . . . 2260
Purchase contracts for rehab. of terminal building exterior — public improvement (O 1587-09) . . . . . . . . . . . . . . . 2259

Project Agreements
Amend Sect. 1 of Ord. No. 319-09 — Northeast Ohio Areawide Coordinating Agency —
various infrastructure projects (include the Lorain Ave. resurfacing project) (O 1786-09) . . . . . . . . . . . . . . . 2240

Public Improvement
Agreement with Utilities Dept. & RTA (Cedar Ave.) — contracts — professional service (O 1273-09) . . . . . . . . . . 2245
Amend Sect. 8 of Ord. No. 688-08 — Rehabilitation of East 30th Street — GCRTA (O 1712-09) . . . . . . . . . . . . . . . . . . 2248
Apply & Accept Issue I funding for MLK, Fulton Ave., E. 152nd St., East 88th St.(bridge
and road improvements) (O 1412-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246
Contract — professional services for Service facilities (O 1180-08). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2249-T
Contract for Harvard Yard facility (O 1542-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246
Port Control Dept. — contract — professional services for rehab. Taxiway L at CHIA (O 1609-09) . . . . . . . . . . . . . 2261
Purchase contracts for rehab for terminal ticketing lobby — professional consultants (O 1588-09) . . . . . . . . . . . . 2260
Purchase contracts for rehab. of terminal building exterior — professional consultants (O 1587-09) . . . . . . . . . . . 2259
Utilities Department — contract cleaning & cement mortar lining (O 1541-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246

Public Utilities Department
Agreement with Utilities Dept. & RTA (Cedar Ave.) — public improvement contracts —
professional service (O 1273-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend title & Sect(s) 1&2 of Ord. No. 1260-06 — Human Resource Enhancement Program
(Phase II and Phase III) — professional consultants (O 1661-09) . . . . . . . . . . . . . . . . . . . . . . . .
Contracts with AMP for the Meldahl and Greenup Hydroelectric Project (O 1585-09) . . . . . . . . . . .
Enact new Sect(s) 523.25 & 523.26 — interconnection service for distributed generation
and net metering service (O 1662-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enact Sect. 523.021 — Electricity rates (O 1586-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lights, decorative post — installation (O 1751-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Morgan East Reservoir Improvement — Contract No. 66759 — The Great Lakes Construction Co.
(Statement of Final Acceptance) (F 1807-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ProTech Security — Contracts — Security Updates — Water Division (O 1750-09) . . . . . . . . . . . . . .
Public improvement contract cleaning & cement mortar lining (O 1541-09) . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . 2245
. . . . . . . . . . . . . 2247
. . . . . . . . . . . . . 2246
. . . . . . . . . . . . . 2247
. . . . . . . . . . . . . 2246
. . . . . . . . . . . . . 2248
. . . . . . . . . . . . . 2239
. . . . . . . . . . . . . 2248
. . . . . . . . . . . . . 2246

Recognition Resolution
Bowman, Lynne (R 1816-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2240

Regional Transit Authority
Agreement with Utilities Dept. & RTA (Cedar Ave.) — public improvement contracts —
professional service (O 1273-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2245
Amend Sect. 8 of Ord. No. 688-08 — Rehabilitation of East 30th Street (O 1712-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248
Euclid Corridor Project — easement — right-of-way — Service Dept. (O 1719-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248

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December 9, 2009

Resolution of Support
Resolution supporting county application to Clean Ohio Council for industrial Bldgs. &
Art Metals sites (R 1673-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2249

Safety Department
Agreement with City of Bratenahl, Ohio for EMS services (O 1663-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2247
Exercise options to renew contracts for the towing and salvaging of motor vehicles (O 790-09) . . . . . . . . . . . . . . . 2259
MOU NASA & CFD — design, development, and testing of a robotics platform & testbed in a
realistic HAZMAT environment (O 1510-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2259

Salaries
Amend Sect. 45 of Ord. No. 947-08 — Payband Sect. 45 (Building & Construction Trades
Council) (O 1753-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2284
Amend Sect. 8 of Ord. No. 947-08 — Sect. 8 (International Local 100, AFSCME Ohio Council
8 AFL — CIO) (O 1754-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2285

State Auditor
Financial statement assessment, 2009 — Finance Department — Taxation Division —
Water Division (O 1748-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2284

State of Ohio
Amend Sect. 1 of Ord. No. 319-09 — Northeast Ohio Areawide Coordinating Agency — various
infrastructure projects (include the Lorain Ave. resurfacing project) (O 1786-09). . . . . . . . . . . . . . . . . . . . . . . 2240
Economic Development — cooperative agreement — Cuy. & Summit Co. Port Authority — State
of Ohio Treasurer — Flats East Development, LLC (O 1759-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2249

Statement of Work Acceptance
Morgan East Reservoir Improvement — Contract No. 66759 — The Great Lakes Construction Co.
(Statement of Final Acceptance) (F 1807-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2239

Service Department
Amend Sect. 1 of Ord. No. 319-09 — Northeast Ohio Areawide Coordinating Agency —
various infrastructure projects (include the Lorain Ave. resurfacing project)
(O 1786-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2240
Amend Sect. 8 of Ord. No. 688-08 — Rehabilitation of East 30th Street — GCRTA (O 1712-09) . . . . . . . . . . . . . . . . . . 2248
Apply & Accept Issue I funding for MLK, Fulton Ave., E. 152nd St., East 88th St.(bridge
and road improvements) (O 1412-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246
E. 73rd Pl. & Klonowski Ave. (S.E.) — vacate a portion — City Planning Commission (Ward
12) (O 1595-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246
Euclid Corridor Project — easement — right-of-way — Greater Cleveland Regional Transit
Authority (GCRTA) (O 1719-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2248
Glenville High School — banner — 1111 St. Clair Ave. — Dec. 1 to Jan. 01 — Honoring
Glenville High School Tarblooders (Ward 09) (O 1800-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2242
LED traffic bulbs — Traffic Engineering Division (O 1710-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2247
Public improvement contract — professional services for Service facilities (O 1180-08) . . . . . . . . . . . . . . . . . . . . 2249-T

Special Revenue Funds
Transfer ($3,024,200) within various divisions of the General Fund — ($500,000) within
the Special Revenue Fund — ($45,000) within the Enterprise Fund (O 1720-09) . . . . . . . . . . . . . . . . . . . . . . . . . 2274

Stadium
Cleveland Stadium refunding bonds (O 1717-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2265

Street Vacation
E. 73rd Pl. & Klonowski Ave. (S.E.) — vacate a portion — City Planning Commission — Service
Department (Ward 12) (O 1595-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246

Summer Food Program
Summer Food Program, 2010 — Grant — Ohio Department of Education — food service operation —
Camp George L. Forbes (O 1593-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246

Tabled Legislation
Public improvement contract — professional services for Service facilities (O 1180-08) . . . . . . . . . . . . . . . . . . . . 2249-T

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Taxation Division
Financial statement assessment, 2009 — Ohio State Auditor — Finance Department —
Water Division (O 1748-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2284

Taxes
Tax Incentive Review Council’s Year 2008 recommendations (O 1667-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2247

Towing
Exercise options to renew contracts for the towing and salvaging of motor vehicles (O 790-09) . . . . . . . . . . . . . . . 2259

Traffic Engineering Division
LED traffic bulbs (O 1710-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2247

Trees
Tree lawn (labor & materials) — contracts — Division of Urban Forestry (O 1797-09) . . . . . . . . . . . . . . . . . . . . . . . 2242

Unions
Amend Sect. 8 of Ord. No. 947-08 — Sect. 8 (International Local 100, AFSCME Ohio Council
8 AFL — CIO) (O 1754-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2285

Urban Forestry Division
Tree lawn (labor & materials) — contracts (O 1797-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2242

Vehicles
Exercise options to renew contracts for the towing and salvaging of motor vehicles (O 790-09) . . . . . . . . . . . . . . . 2259

Ward 1
Convey permanent and temporary easement to NEORSD on Lee Rd. (O 1594-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246
Just Like US Enrichment Center — agreement — Community Re-entry Network Program
(Ward 01 NEF) (O 1798-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2242

Ward 2
Amend Sect. 2 of Ord. No. 1564-09 — Miles Crossing Point Retail Center Project
(Ward 02 NCF & NEF) (O 1763-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2290
Collins, Angela Renee — condolence (R 1811-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2239
Miles Ave., 11609 — withdraw objection to renewal — repeal Res. 1153-09 — liquor permit (R 1769-09) . . . . . . . . . 2253

Ward 3
Cole, Sr., Ronald — condolence (R 1810-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2239

Ward 4
Buckeye Rd., 11132 — withdraw objection to renewal — repeal Res. 1136-09 — liquor permit (R 1766-09) .
East 116th St., 3344 — stock transfer application — liquor permit (F 1801-09) . . . . . . . . . . . . . . . . . . . . . . . . .
Kinsman Ave., 9203 — withdraw objection to renewal — repeal Res. 1139-09 — liquor permit (R 1767-09)
Woodland Ave., 8800 (lower level) — withdraw objection to renewal — repeal Res. 956-09 —
liquor permit (R 1765-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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. . . . . . 2252

Ward 5
Amend Sect. 8 of Ord. No. 688-08 — Rehabilitation of East 30th Street — GCRTA (O 1712-09) . . . . . . . . . . . . . . . . . . 2248
Woodland Ave., 6002 — objection to transfer of liquor license — liquor permit (R 1795-09) . . . . . . . . . . . . . . . . . . . 2245

Ward 8
Community Arts Education Program — agreement — Sankofa Fine Art Plus (Ward 08 NEF) (O 1796-09) . . . . . . 2241
Glenville Tarblooders Football Team — congratulations (R 1812-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2240
Likos, Nikolaos, Temporary Sidewalk Occupancy Permit — East 105th St. & Chester Ave. (O 1761-09) . . . . . . . . . 2289

Ward 9
Glenville High School — banner — 1111 St. Clair Ave. — Dec. 1 to Jan. 01 — Honoring
Glenville High School Tarblooders (O 1800-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2242
Glenville Tarblooders Football Team — congratulations (R 1812-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2240

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The City Record

64

December 9, 2009

Ward 10
St. Clair Ave. — PPN 111-17-009 / 010 — Land Reutilization Program — New Covenant Christian
Church (O 1597-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246
Reynolds, Sr., William E. — condolence (R 1809-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2239
Ward 11
East 185th St., 1035 — transfer of ownership application — liquor permit (F 1802-09) . . . . . . . . . . . . . . . . . . . . . . . . 2239
S. Waterloo Rd., 19600 — stock transfer application — liquor permit (F 1803-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2239
Ward 12
E. 73rd Pl. & Klonowski Ave. (S.E.) — vacate a portion — City Planning Commission —
Service Department (O 1595-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2246
Ward 13
Amend Sect. 2 of Ord. No. 1892-05 — Flats East Development, LLC — contract —
Economic Development (O 1757-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bowman, Lynne — recognition (R 1816-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Clinton Ave., 2800 — objection to transfer of ownership — liquor permit (R 1789-09). . . . . . . . . . . . . . . . . . .
Community Social Support Program — agreement — Ohio City Near West Development Corporation
(Ward 13 NCF) (O 1799-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development — Allocating portion of Recovery Zone Bonds for Flats (O 1756-09). . . . . . . . . . . .
Economic Development — cooperative agreement — Cuy. Co. Port Authority & Flats East
Development LLC — (TIF) (O 1758-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development — cooperative agreement — Cuy. & Summit Co. Port Authority —
State of Ohio Treasurer — Flats East Development, LLC (O 1759-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Independence Rd., 3421 — objection to issuance — liquor permit (Ward 13) (R 1790-09). . . . . . . . . . . . . . . .
Literary Ave., 806 (1st. fl.) — objection to transfer of ownership — liquor permit (R 1794-09) . . . . . . . . . . .
Live-Work Overlay zoning district — E. 34th St., E. 36th St. and St. Clair Ave. (O 1418-09) . . . . . . . . . . . . . .
Professor St., 2505 (1st fl. & bsmt.) — objection to transfer of ownership — liquor permit (R 1791-09) . . . .
Starkweather Ave., 751 (Suite # 4) — objection to transfer of liquor license — liquor permit (R 1792-09) .
West 6th St., 1303 (1st. fl., bsmt. & patio) — objection to transfer of stock — liquor permit (R 1793-09) . . .

. . . . . . 2248
. . . . . . 2240
. . . . . . 2243
. . . . . . 2242
. . . . . . 2248
. . . . . . 2249
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2243
2245
2249
2243
2244
2244

Ward 15
Pearl Rd., 4126 — objection to issuance — liquor permit (R 1764-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2252
State Rd., 4297 — PPN 014-20-013 — Land Reutilization Program — Christopher S. Yarina &
Shane M. Yarina (O 1788-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2241
Ward 16
Ridge Rd., 3837 — withdraw objection to transfer of liquor license — repeal Res. 1395-09 —
liquor permit (R 1768-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2253
Ward 17
Lorain Ave., 12703-05 (1st. fl. & bsmt.) — transfer of ownership application — liquor permit (F 1804-09)
Martines, Karen E. — “I Love My Librarian!” 2009 Award — congratulations (R 1814-09). . . . . . . . . . . . . .
Martines, Karen E. — congratulations (R 1813-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 117th St., 3934 — transfer of ownership and location application — liquor permit (F 1805-09) . . . . .

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2239
2240
2240
2239

Ward 19
Lorain Ave., 17400 — transfer of ownership and location application — liquor permit (F 1806-09) . . . . . . . . . . . . . 2239
Ward 20
Hearne, Phillip Gordon — congratulations (R 1815-09). . . . . . . . . . . . . . . . . . . .
Mangano, Anthony F — condolence (R 1808-09) . . . . . . . . . . . . . . . . . . . . . . . . . .
Martines, Karen E. — “I Love My Librarian!” 2009 Award — congratulations
Martines, Karen E. — congratulations (R 1813-09) . . . . . . . . . . . . . . . . . . . . . . .

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2240
2239
2240
2240

Water Division
Amend title & Sect(s) 1&2 of Ord. No. 1260-06 — Human Resource Enhancement Program
(Phase II and Phase III) — professional consultants (O 1661-09) . . . . . . . . . . . . . . . . . . . . . . . .
Financial statement assessment, 2009 — Ohio State Auditor — Finance Department —
Taxation Division (O 1748-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Morgan East Reservoir Improvement — Contract No. 66759 — The Great Lakes Construction Co.
(Statement of Final Acceptance) (F 1807-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ProTech Security — Contracts — Security Updates (O 1750-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . 2247
. . . . . . . . . . . . . 2284
. . . . . . . . . . . . . 2239
. . . . . . . . . . . . . 2248

Water Mains
Utilities Department — public improvement contract cleaning & cement mortar lining (O 1541-09). . . . . . . . . . . . 2246
Zoning
Live-Work Overlay zoning district — E.34th St., E. 36th St. and St. Clair Ave. (O 1418-09) . . . . . . . . . . . . . . . . . . . . . 2249

2300