The City Record - DLN · File No. 604-18. Brandon C. Perrin, Lieutenant of Fire, City of Cleveland. Received. File No. 605-18. Terrance S. Roach, Lieutenant of Fire, City of Cleveland

Containing PAGE

City Council 3

The Calendar 51

Board of Control 51

Civil Service 54

Board of Zoning Appeals 58

Board of Building Standardsand Building Appeals 60

Public Notice 60

Public Hearings 60

City of Cleveland Bids 61

Adopted Resolutionsand Ordinances 61

Committee Meetings 61

Index 62

The City RecordOfficial Publication of the Council of the City of Cleveland

May the Sixteenth Two Thousand and Eighteen

Frank G. JacksonMayor

Kevin J. KelleyPresident of Council

Patricia J. BrittCity Clerk, Clerk of Council

Ward Name

1 Joseph T. Jones

2 Kevin L. Bishop

3 Kerry McCormack

4 Kenneth L. Johnson, Sr.

5 Phyllis E. Cleveland

6 Blaine A. Griffin

7 Basheer S. Jones

8 Michael D. Polensek

9 Kevin Conwell

10 Anthony T. Hairston

11 Dona Brady

12 Anthony Brancatelli

13 Kevin J. Kelley

14 Jasmin Santana

15 Matt Zone

16 Brian Kazy

17 Martin J. Keane

The City Record is available online atwww.clevelandcitycouncil.org

Printed on Recycled Paper

DIRECTORY OF CITY OFFICIALSCITY COUNCIL – LEGISLATIVE

President of Council – Kevin J. Kelley

Ward Name Residence

1 Joseph T. Jones...................................................4691 East 177th Street 44128

2 Kevin L. Bishop...............................................11729 Miles Avenue, #5 44105

3 Kerry McCormack ..............................................1429 West 38th Street 44113

4 Kenneth L. Johnson, Sr. ........................................2948 Hampton Road 44120

5 Phyllis E. Cleveland.............................................2369 East 36th Street 44115

6 Blaine A. Griffin.........................................1810 Larchmere Boulevard 44120

7 Basheer S. Jones...................................................1383 East 94th Street 44106

8 Michael D. Polensek..............................................17855 Brian Avenue 44119

9 Kevin Conwell ..................................................10647 Ashbury Avenue 44106

10 Anthony T. Hairston .....................................................423 Arbor Road 44108

11 Dona Brady ..........................................................1272 West Boulevard 44102

12 Anthony Brancatelli .................................................6924 Ottawa Road 44105

13 Kevin J. Kelley..................................................5904 Parkridge Avenue 44144

14 Jasmin Santana......................................................3535 Marvin Avenue 44109

15 Matt Zone ............................................................1228 West 69th Street 44102

16 Brian Kazy ........................................................4300 West 143rd Street 44135

17 Martin J. Keane......................................................15907 Colletta Lane 44111

City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840

MAYOR – Frank G. Jackson

Sharon Dumas, Interim 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

Monyka S. Price, Executive Assistant to the Mayor, Chief of Education

Matt Gray, Executive Assistant to the Mayor, Chief of Sustainability

Natoya J. Walker Minor, Executive Assistant to the Mayor, Chief of Public Affairs

Edward W. Rybka, Executive Assistant to the Mayor, Chief of Regional Development

Tracy Martin-Thompson, Executive Assistant to the Mayor, Chief of Prevention, Intervention

and Opportunity for Youth and Young Adults

OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, DirectorDIVISIONS:

Architecture and Site Development – _________________ Manager

Engineering and Construction — Richard J. Switalski, Manager

Real Estate — James DeRosa, Commissioner

OFFICE OF EQUAL OPPORTUNITY – Melissa K. Burrows, Ph.D., Director

OFFICE OF QUALITY CONTROL AND PERFORMANCE MANAGEMENT – Sabra

T. Pierce-Scott, Director

DEPT. OF LAW – Barbara A. Langhenry, Director, Gary D. Singletary, Chief Counsel,

Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel,

Victor R. Perez, Chief Assistant Prosecutor, Room 106: Robin Wood, Law Librarian,

Room 100

DEPT. OF FINANCE – Sharon Dumas, Director, Room 104;

Natasha Brandt, Manager, Internal AuditDIVISIONS:

Accounts – Lonya Moss Walker, Commissioner, Room 19

Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122

City Treasury – James Hartley, Treasurer, Room 115

Financial Reporting and Control – James Gentile, Controller, Room 18

Information Technology and Services – Kimberly Roy-Wilson,

Commissioner, 205 W. St. Clair Avenue

Purchases and Supplies – Tiffany White, 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 – Robert L. Davis, Director, 1201 Lakeside Avenue

DIVISIONS:

Cleveland Public Power – Ivan Henderson, Commissioner

Utilities Fiscal Control – Frank Badalamenti, Chief Financial Officer

Water – Alex Margevicius, Commissioner

Water Pollution Control – Rachid Zoghaib, Commissioner

DEPT. OF PORT CONTROL – Robert Kennedy, Director, Cleveland Hopkins International

Airport, 5300 Riverside Drive

DIVISIONS:

Burke Lakefront Airport – Khalid Bahhur, Commissioner

Cleveland Hopkins International Airport – Fred Szabo, Commissioner

DEPT. OF PUBLIC WORKS – Michael Cox, Director

OFFICES:

Administration – John Laird, Manager

Special Events and Marketing – Tangee Johnson, Manager

DIVISIONS:

Motor Vehicle Maintenance – Jeffrey Brown, Commissioner

Park Maintenance and Properties – Richard L. Silva, Commissioner

Parking Facilities – Kim Johnson, Interim Commissioner

Property Management – Tom Nagle, Commissioner

Recreation – Samuel Gissentaner, Interim Commissioner

Streets – Frank D. Williams, Interim Commissioner

Traffic Engineering – Robert Mavec, Commissioner

Waste Collection and Disposal – Randell T. Scott, Interim Commissioner

DEPT. OF PUBLIC HEALTH – Merle Gordon, Director, 75 Erieview Plaza

DIVISIONS:

Air Quality – David Hearne, Interim Commissioner

Environment – Brian Kimball, Commissioner, 75 Erieview Plaza

Health – Persis Sosiak, Commissioner, 75 Erieview Plaza

DEPT. OF PUBLIC SAFETY – Michael C. McGrath, Director, Room 230

DIVISIONS:Animal Control Services – John Baird, Interim Chief Animal Control Officer, 2690 West 7thStreetCorrection – David Carroll, Interim Commissioner, Cleveland House of Corrections, 4041 NorthfieldRd.Emergency Medical Service – Nicole Carlton, Acting Commissioner, 1708 South Pointe DriveFire – Angelo Calvillo, Chief, 1645 Superior AvenuePolice – Calvin D. Williams, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street

DEPT. OF COMMUNITY DEVELOPMENT – Tania Menesse, Director

DIVISIONS:

Administrative Services – Joy Anderson, Commissioner

Fair Housing and Consumer Affairs Office – John Mahoney, Manager

Neighborhood Development –James Greene, Commissioner

Neighborhood Services – Louise V. Jackson, Commissioner

DEPT. OF BUILDING AND HOUSING – Ayonna Blue Donald, Director, Room 500

DIVISIONS:Code Enforcement – Thomas E. Vanover, CommissionerConstruction Permitting – Narid Hussain, Commissioner

DEPT. OF HUMAN RESOURCES – Nycole West, Director, Room 121

DEPT. OF ECONOMIC DEVELOPMENT – David Ebersole, Director, Room 210

DEPT. OF AGING – Mary McNamara, Director, Room 122

COMMUNITY RELATIONS BOARD – Room 11, Grady Stevenson, Director, Mayor FrankG. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, CouncilMember Kevin L. Bishop, Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, YasirHamdallah, Evangeline Hardaway, John O. Horton, Gary Johnson, Sr., Daniel McNea,Stephanie Morrison-Hrbek, Roland Muhammad, Gia Hoa Ryan, Council Member JasminSantana, Peter Whitt.

CIVIL SERVICE COMMISSION – Room 119, Rev. Gregory E. Jordan, President; MichaelFlickinger, Vice-President; Barry A. Withers, Interim Secretary; Members: Daniel J.Brennan, India Pierce Lee.

SINKING FUND COMMISSION – Frank G. Jackson, President; Council President KevinJ. Kelley; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director.

BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members;Henry Bailey, Myrline Barnes, Kelley Britt, Tim Donovan, Elizabeth Kukla, Secretary.

BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516,Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, HalimM. Saab, P.E., Alternate Members – D. Cox, P. Frank, E. P. O’Brien, Richard Pace, J.F.Sullivan.

BOARD OF REVISION OF ASSESSMENTS – Law Director Barbara A. Langhenry,President; Finance Director Sharon Dumas, Secretary; Council President Kevin J. Kelley.

BOARD OF SIDEWALK APPEALS – Capital Projects Director Matthew Spronz, LawDirector Barbara A. Langhenry; Council Member Kenneth L. Johnson.

BOARD OF REVIEW – (Municipal Income Tax) – Law Director Barbara A. Langhenry;Public Utilities Director Robert L. Davis; Council President Kevin J. Kelley.

CITY PLANNING COMMISSION – Room 501 – Freddy L. Collier, Jr., Director;_______________, Chair; David H. Bowen, Lillian Kuri, Gloria Jean Pinkney, CouncilMember Kerry McCormack._________________, ___________________.

FAIR HOUSING BOARD – _____________, Chair; Genesis O. Brown, Daniel Conway,Robert L. Render.

HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,VickieEaton-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, Chair man;Clint Martin, Mark Rivera.

MORAL CLAIMS COMMISSION – Law Director Barbara A. Langhenry; Chairman;Finance Director Sharon Dumas; Council President Kevin J. Kelley; CouncilmanKevin Kelley.

CLEVELAND LANDMARKS COMMISSION – Room 519 – Julie Trott, Chair; GiancarloCalicchia, Vice Chair; Laura M. Bala, Freddy L. Collier, Jr., Allan Dreyer, RobertStrickland, Donald Petit, Secretary, Council Member Basheer S. Jones, Matthew L.Spronz; __________________, _________________, ________________.

AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, DianeDown ing, Donna Sciarappa, Council President Kevin J. Kelley; Law Director Barbara A.Langhenry.

CLEVELAND MUNICIPAL COURT

JUSTICE CENTER – 1200 ONTARIO STREET

JUDGE COURTROOM ASSIGNMENTS

Judge Courtroom

Presiding and Administrative Judge Michelle D. Earley 14-C

Judge Pinkey S. Carr 15-C

Judge Marilyn B. Cassidy 13-A

Judge Emanuella Groves 14-B

Judge Lauren C. Moore 15-A

Judge Michael L. Nelson, Sr. 12-A

Judge Ann Clare Oakar 14-A

Judge Ronald J.H. O’Leary (Housing Court Judge) 13-B

Judge Charles L. Patton, Jr. 13-D

Judge Suzan M. Sweeney 12-C

Judge Jazmin Torres-Lugo 13-C

Judge Shiela Turner McCall 12-B

Judge Joseph J. Zone 14-D

Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, TimothyLubbe – Housing Court Administrator, Robert J. Furda – Chief Bailiff; Dean Jenkins – ChiefProbation Officer, Gregory F. Clifford – Chief Magistrate.

757

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

The City Record

The City RecordPublished weekly by the City Clerk,

Clerk of Council under authorityof the Charter of the

City of ClevelandThe City Record is available

online atwww.clevelandcitycouncil.org

Address all communications to

PATRICIA J. BRITTCity Clerk, Clerk of Council

216 City Hall

PERMANENT SCHEDULESTANDING COMMITTEES

OF THE COUNCIL2018-2021

MONDAY — Alternating

9:30 A.M. — Health and HumanServices Committee: Griffin(CHAIR), McCormack (VICE-CHAIR), Conwell, B. Jones, Hair-ston, Santana, Zone.

9:30 A.M. — Municipal Servicesand Properties Committee: K. John-son (CHAIR), Brady (VICE-CHAIR), Bishop, Brancatelli, Hair-ston, J. Jones, Kazy.

MONDAY

2:00 P.M. — Finance Committee:Kelley (CHAIR), Zone (VICE-CHAIR), Brady, Brancatelli, Cleve-land, Conwell, Griffin, Keane,McCormack.

TUESDAY

9:30 A.M. — Development, Plan-ning and Sustainability Committee:Brancatelli (CHAIR), Cleveland(VICE-CHAIR), Bishop, Hairston, B.Jones, Keane, McCormack.

TUESDAY — Alternating

1:30 P.M. — Utilities Committee:Keane (CHAIR), Kazy (VICE-CHAIR), Bishop, Hairston, McCor-mack, Polensek, Santana.

1:30 P.M. — Workforce and Com-munity Benefits Committee: ________(CHAIR), Cleveland (VICE-CHAIR),Brady, Griffin, B. Jones, J. Jones,Kazy.

WEDNESDAY — Alternating

10:00 A.M. — Safety Committee:Zone (CHAIR), Polensek (VICE-CHAIR), Griffin, Kazy, B. Jones, J.Jones, Santana.

10:00 A.M. — Transportation Com-mittee: Cleveland (CHAIR), Keane(VICE-CHAIR), Bishop, Conwell,Johnson, J. Jones, Santana.

The following Committees meet at

the Call of the Chair:

Mayor’s Appointments Committee:

Kazy (CHAIR), Brady, Brancatelli,

Cleveland, Kelley.

Operations Committee: McCormack

(CHAIR), Griffin, Keane, Kelley,

Zone.

Rules Committee: Kelley

(CHAIR), Cleveland, Hairston,

Keane, Polensek.

OFFICIAL PROCEEDINGS

CITY COUNCIL______________

Cleveland, OhioMay 14, 2018

The meeting of the Council wascalled to order at 7:01 p.m. with thePresident of Council, Kevin J. Kel-ley, in the Chair.

Council Members present: KevinL. Bishop, Dona Brady, AnthonyBrancatelli, Phyllis E. Cleveland,Kevin Conwell, Blaine A. Griffin,Anthony T. Hairston, Kenneth L.Johnson, Basheer S. Jones, Joseph T.Jones, Brian Kazy, Kevin J. Kelley,Martin J. Keane, Kerry McCormack,Michael D. Polensek, Jasmin San-tana, and Matt Zone.

Also present were: Interim Chiefof Staff/Director Sharon Dumas,Chief Operating Officer DarnellBrown, Chief of Government AffairsValarie J. McCall, Chief of Region-al Development Edward W. Rybka,Chief of Education Monyka S. Price,Media Relations Director DanWilliams, Chief of SustainabilityMatt Gray, Chief of Public AffairsNatoya Walker-Minor, and DirectorsLanghenry, Davis, Kennedy, Spronz,McGrath, Menesse, Donald, West,Ebersole, Stevenson, Collier, McNa-mara, Withers, Burrows and PierceScott.

MOTION

Pursuant to Ordinance No. 2926-76,the opening prayer was offered byPastor Gregory Thomas, St. PaulAME Church, Cleveland, Ohio (Ward16). Pledge of Allegiance.

MOTION

On the motion of Council MemberBishop, the reading of the minutesof the last meeting was dispensedwith and the journal approved. Sec-onded by Council Member Kazy.

OATHS OF OFFICE

File No. 586-18.Emmanuel A. Colon, Lieutenant of

Fire, City of Cleveland. Received.

File No. 587-18.Erik R. Damasin, Lieutenant of


File No. 588-18.John F. Costello, Lieutenant of


File No. 589-18.Jeffrey T. Dudley, Captain of Fire,

City of Cleveland. Received.

File No. 590-18.Brian J. Hudak, Lieutenant of


File No. 591-18.James B. Hyvarinen, Lieutenant

of Fire, City of Cleveland. Received.

File No. 592-18.Edward M. Jokkel, Lieutenant of


File No. 593-18.James E. Kennedy, Lieutenant of


File No. 594-18.Barry L. Kifus, Lieutenant of


File No. 595-18.James C. Matier, Lieutenant of


File No. 596-18.Gary G. McNamara, Lieutenant of


File No. 597-18.Daniel McNeilly, Captain of Fire,


File No. 598-18.Zachariah D. Miklowski, Captain


File No. 599-18.Richard A. Nickerson, Lieutenant


File No. 600-18.Erik T. Nielipinski, Lieutenant of


File No. 601-18.Michael D. Norman, Lieutenant of


File No. 602-18.Todd A. O’Neill, Lieutenant of


File No. 603-18.Patrick M. Perkins, Captain of


CITY COUNCILMONDAY, MAY 14, 2018

Vol. 105 WEDNESDAY, MAY 16, 2018 No. 5449

File No. 604-18.Brandon C. Perrin, Lieutenant of


File No. 605-18.Terrance S. Roach, Lieutenant of


File No. 606-18.Eric R. Ross, Captain of Fire, City

of Cleveland. Received.

File No. 607-18.Louis J. Ruggiero, Lieutenant of


File No. 608-18.Eric L. Seaberry, Captain of Fire,


File No. 609-18.Mark C. Sciulli, Lieutenant of


File No. 610-18.Christopher R. Sunyak, Lieutenant


File No. 611-18.Donald A. Taylor, Lieutenant of


PLATS

File No. 612-18.Dedication Plat for Battery Park

Development, West 73rd Street,West 73rd Place, West 74th Streetand Catlin Court; Detroit Shore-way/Goodwalt Avenue to ClevelandMemorial Shoreway and West 73rdStreet to West 76th Street. Approvedby Committees on Municipal Ser-vices and Properties, and Develop-ment Planning and Sustainability.Without objection, Plat approved.

FROM OHIO DIVISION OFLIQUOR CONTROL

File No. 613-18.RE: #0951161. Transfer of Owner-

ship Application, D5 D6. BrickstoneManagement LLC, 2217 East 9th St.(Ward 5). Received.

File No. 614-18.RE: #22348152935. New License

Application, C1. Dolgen MidwestLLC, 3040 Fulton Rd. (Ward 14).Received.

File No. 615-18.RE: #0120983. Stock Application,

C1 C2. Alis Deli Corp., 11119 DetroitAve. (Ward 15). Received.

File No. 616-18.RE: #8717580. New License Appli-

cation, D5J. Superelectric LLC, 6500Detroit Ave. (Ward 15). Received.

File No. 617-18.RE: #00810760005. Transfer of

Ownership Application, C1 C2. AigoLLC, 4360 Lee Rd. (Ward 1).Received.


Ownership Application, C1. SkyFuel, Inc., 3065 West 117th St. (Ward11). Received.

File No. 619-18.RE: #6030647. New License Appli-

cation, D1. Minh Anh, Inc., 5424-28Detroit Ave. (Ward 15). Received.


ship Application, C1 C2. Shayeb

Properties LLC, 14016 Triskett Rd.(Ward 17). Received.


ship Application, D1 D2 D3 D3A D6.RMTT LLC, 10038-42 Lorain Ave.(Ward 11). Received.

File No. 622-18.RE: #194493100015. Liquor Agency

Contract Application. Dave’s Super-market, Inc., 3565 Ridge Rd. (Ward14). Received.


Ownership Application, C1 C2 D6.Rocky River Gas Station LLC, 4142Rocky River Dr. (Ward 17).Received.


Location Application, C2. Rite Aid ofOhio, Inc., 10502 St. Clair Ave. (Ward9). Received.

COMMUNICATIONS

File No. 707-18.From the Mayor’s Appointments

Committee of Cleveland City Coun-cil. Recommending approval of theappointment of Robert L. Render toFair Housing Advisory Board, termending March 1, 2021 (from File No.559-18). Without objection, theappointment is approved.


Committee of Cleveland City Coun-cil. Recommending approval of theappointment of Kelley C. Britt toGreater Cleveland Regional TransitAuthority (RTA) Board, term end-ing March 1, 2020 (from File No. 559-18). Without objection, the appoint-ment is approved.


Committee of Cleveland City Coun-cil. Recommending corrections onterm dates of some appointments tothe Housing Advisory Board, newterm dates ending April 26, 2021(from File No. 559-18). Withoutobjection, the appointment isapproved.

CONDOLENCE RESOLUTIONS

The rules were suspended and thefollowing Resolutions were adoptedwithout objection:

Res. No. 697-18 — Dr. Carl E.Locke.

Res. No. 698-18 — Dorothy (Nix)Polk.

Res. No. 700-18 — Macie (Heard)Williams.

Res. No. 710-18 — Br. JamesEverett, C.S.C.

Res. No. 711-18 — Dominic D’A-lessio.

Res. No. 712-18 — Minnie Lee Lid-dell.

CONGRATULATIONS RESOLUTIONS


Res. No. 699-18 — Richard F. Hor-vath.

Res. No. 701-18 — Deacon PeterTravalik – 25th Anniversary.

Res. No. 702-18 — Reverend PastorMyrle Weems.

RECOGNITION RESOLUTIONS


Res. No. 703-18 — CongresswomanMarcy Kaptur.

Res. No. 704-18 — National PublicWorks Week.

Res. No. 705-18 — Il Cenacolo Ital-iano di Cleveland – 90th Anniver-sary.

APPRECIATION RESOLUTION

The rules were suspended and thefollowing Resolution was adoptedwithout objection:

Res. No. 706-18 — First LadyGwendolyn Howard.

FIRST READING EMERGENCYORDINANCES REFERRED

Ord. No. 626-18.By Council Member Kazy.An emergency ordinance to desig-

nate Field #2 at Terminal Park asTaylor/Pifer Field.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That Field #2 at Ter-minal Park is hereby designated asTaylor/Pifer Field and that theDirector of Public Works is autho-rized and directed to take the nec-essary action to affect said desig-nation and to post the proper signsat the field.

Section 2. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Committee onFinance.

Ord. No. 646-18.By Council Members Johnson and

Kelley (by departmental request).An emergency ordinance authoriz-

ing the purchase by one or morerequirement contracts of labor andmaterials to maintain, repair andupgrade the fire alarm systems atCity Hall and Public Hall, for theDepartment of Public Works, for aperiod up to two years.



Section 1. That, provided thisCouncil passes Ordinance No. 507-18and the City sells the bonds autho-rized by that ordinance, the Direc-tor of Public Works is authorized tomake one or more written require-ment contracts under the Charterand the Codified Ordinances ofCleveland, Ohio, 1976, for therequirements for period up to two

4 The City Record May 16, 2018

758

years of the necessary items oflabor and materials to maintain,repair and upgrade the fire alarmsystems at City Hall and PublicHall, in the approximate amount aspurchased during the precedingterm, to be purchased by the Com-missioner of Purchases and Supplieson a unit basis for the Departmentof Public Works. Bids shall betaken in a manner that permits anaward to be made for all items asa single contract, or by separatecontract for each or any combina-tion of the items as the Board ofControl determines. Alternate bidsfor a period less than the specifiedterm may be taken if desired by theCommissioner of Purchases and Sup-plies until provision is made for therequirements for the entire term.

Section 2. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative arrange-ments with other governmentalagencies. The Director of PublicWorks may sign all documents thatare necessary to make the purchas-es, and may enter into one or morecontracts with the vendors selectedthrough that cooperative process.

Section 3. That the costs of thecontract or contracts shall be paidfrom the fund or funds which arecredited the proceeds of the sale ofbonds authorized by Ordinance No.507-18 if the Council passes thatordinance and the City sells thebonds authorized by that ordinance,and from Fund Nos. 20 SF 111, 20 SF566, 20 SF 573, 20 SF 578, and shallalso be charged against the properappropriation accounts and theDirector of Finance shall certify theamount of any purchase under thecontract, each of which purchasesshall be made on order of the Com-missioner of Purchases and Suppliesby a delivery order issued againstthe contract or contracts and certi-fied by the Director of Finance.(RQS 0103, RLA 2018-20)

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of CapitalProjects, Finance, Law; Committeeson Municipal Services and Proper-ties, Finance.


Kelley (by departmental request).An emergency ordinance deter-

mining the method of making thepublic improvement of replacing theMusic Hall roof; authorizing theDirector of Public Works or CapitalProjects, as appropriate, to enterinto one or more public improvementcontracts for the making of theimprovement; enter into one or moreprofessional services to implementthe improvement; to apply for andaccept grants and gifts; and autho-rizing the direct employment of thenecessary labor; for the Departmentof Public Works and Office of Cap-ital Projects.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation of

a municipal department; now, there-fore,


Section 1. That, under Section 167of the Charter of the City of Cleve-land, this Council determines tomake the public improvement ofreplacing the Music Hall roof (the“Improvement”), for the Depart-ments of Public Works and CapitalProjects, by one or more contractsduly let to the lowest responsiblebidder or bidders after competitivebidding for a gross price for theImprovement.

Section 2. That, provided thisCouncil passes Ordinance No. 507-18and the City sells the bonds autho-rized by that ordinance, the Direc-tor of Public Works or Capital Pro-jects, as appropriate, is authorizedto enter into one or more contractsfor the making of the publicimprovement with the lowestresponsible bidder or bidders aftercompetitive bidding for a grossprice for the Improvement, provided,however, that each separate tradeand each distinct component part ofthe Improvement may be treated asa separate improvement, and each,or any combination, of the trades orcomponents may be the subject of aseparate contract for a gross price.On request of the director, the con-tractor shall furnish a correct sched-ule of unit prices, including profitand overhead, for all items consti-tuting units of the Improvement.

Section 3. That, provided thisCouncil passes Ordinance No. 507-18and the City sells the bonds autho-rized by that ordinance, the Direc-tor of Public Works or Capital Pro-jects, as appropriate, is authorizedto employ by contract or contractsone or more consultants or one ormore firms of consultants for thepurpose of supplementing the regu-larly employed staff of the severaldepartments of the City of Clevelandin order to provide professional ser-vices necessary to design theImprovement.

Section 4. That the selection of theconsultants for the services shall bemade by the Board of Control on thenomination of the Director of PublicWorks or Capital Projects, as appro-priate, from a list of qualified con-sultants available for employmentas may be determined after a fulland complete canvass by the Direc-tor of Public Works or Capital Pro-jects, as appropriate, for the purposeof compiling a list. The compensa-tion to be paid for the services shallbe fixed by the Board of Control.The contract or contracts authorizedshall be prepared by the Director ofLaw, approved by the Director ofPublic Works or Capital Projects, asappropriate, and certified by theDirector of Finance.

Section 5. That the Director ofPublic Works or Capital Projects, asappropriate, is authorized to applyand pay for permits, licenses, orother authorizations required by anyregulatory agency or public author-ity to permit performance of thework authorized by this ordinance.

Section 6. That the Director ofPublic Works or Capital Projects, asappropriate, is authorized to applyfor and accept any gifts or grantsfor this purpose from any public orprivate entity; and that the appro-priate Director is authorized to fileall papers and execute all docu-ments necessary to receive the

funds under the grant; and that thefunds are appropriated for the pur-poses described in this ordinance.

Section 7. That, provided thisCouncil passes Ordinance No. 507-18and the City sells the bonds autho-rized by that ordinance, under Sec-tion 167 of the Charter of the Cityof Cleveland, it is determined tomake the Improvement, includingall site improvements and appurte-nances necessary and incidental,which are not covered by the con-tract or contracts authorized by Sec-tion 2 of this ordinance by the directemployment of the necessary labor,and the purchase or rental of thenecessary supplies and materials forthe making of the improvement,which supplies and materials arenot covered by the contract or con-tracts authorized otherwise in thisordinance, with a separate account-ing as to each improvement made.

Section 8. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative agree-ments with other governmentalagencies. The Director of PublicWorks or Capital Projects, as appro-priate, may sign all documents thatare necessary to make the purchas-es, and may enter into one or morecontracts with the vendors selectedthrough that cooperative process.

Section 9. That the Director ofPublic Works or Capital Projects, asappropriate, is authorized to applyfor and accept any gifts or grantsfor this purpose from any public orprivate entity; and that the Directorof Public Works or Capital Projects,as appropriate, is authorized to fileall papers and execute all docu-ments necessary to receive thefunds under the grant; and that thefunds are appropriated for the pur-poses described in this ordinance.

Section 10. That the cost of anyexpenditure authorized by this ordi-nance shall be paid from the fundor funds which are credited the pro-ceeds of the sale of bonds autho-rized by Ordinance No. 507-18 if theCouncil passes that ordinance andthe City sells the bonds authorizedby that ordinance and Fund Nos. 01-0103-6926, 20 SF 111, 20 SF 566, 20 SF573, 20 SF 578, the fund or funds towhich are credited grant funds orcash gifts received, and any otherfunds deemed appropriate by theDirector of Finance. (RQS 0103, RLA2018-20)


Referred to Directors of CapitalProjects, City Planning Commission,Finance, Law; Committees on Munic-ipal Services and Properties,Finance.



mining the method of making thepublic improvement of constructing,rehabilitating, renovating, replacingor otherwise improving recreationfacilities, and ancillary recreation

May 16, 2018 The City Record 5

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buildings and other similar struc-tures, on City-owned and City-leasedpark property, including siteimprovements and appurtenances;authorizing the Director of PublicWorks or Capital Projects, as appro-priate, to enter into one or more con-tracts for the making of theimprovements, including profession-al services and contract or contractsfor the making of the improvementto parks and to proceed with theimprovement to recreation facilitiesnot otherwise improved by the directemployment of the necessary labor;and to apply for gifts and grants,for the Department of Public Worksand Office of Capital Projects.



Section 1. That under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,rehabilitating, renovating, replacingor otherwise improving recreationfacilities and ancillary recreationbuildings and other similar struc-tures, on City-owned and City-leasedpark property, including all siteimprovements and appurtenancesnecessary and incidental, for theDepartments of Public Works andCapital Projects, by one or more con-tracts duly let to the lowest respon-sible bidder or bidders after com-petitive bidding for a gross price forthe improvement.

Section 2. That, provided thisCouncil passes Ordinance No. 506-18and the City sells the bonds autho-rized by that ordinance, the Direc-tor of Public Works or Capital Pro-jects, as appropriate, is authorizedto enter into one or more contractsfor the making of the publicimprovement with the lowestresponsible bidder after competitivebidding for a gross price for theimprovement, provided, however,that each separate trade and eachdistinct component part of theimprovement may be treated as aseparate improvement, and each, orany combination, of the trades orcomponents may be the subject of aseparate contract for a gross price.On request of the director the con-tractor shall furnish a correct sched-ule of unit prices, including profitand overhead, for all items consti-tuting units of the improvement.

Section 3. That under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,rehabilitating, renovating, replacingor otherwise improving parks andplaygrounds on City-owned and City-leased park property, including allsite improvements and appurte-nances necessary and incidental, forthe Director of Public Works or Cap-ital Projects, as appropriate, by oneor more contracts duly let to thelowest responsible bidder or biddersafter competitive bidding on a unitbasis for the improvement.

Section 4. That, provided thisCouncil passes Ordinance No. 506-18and the City sells the bonds autho-rized by that ordinance, the Direc-tor of Public Works or Capital Pro-jects, as appropriate, is authorizedto enter into one or more contractsfor the making of the public

improvement with the lowestresponsible bidder after competitivebidding on a unit basis for theimprovement, provided, however,that each separate trade and eachdistinct component part of theimprovement may be treated as aseparate improvement, and each, orany combination, of the trades orcomponents may be the subject of aseparate contract on a unit basis.

Section 5. That, provided thisCouncil passes Ordinance No. 506-18and the City sells the bonds autho-rized by that ordinance, the Direc-tor of Public Works or Capital Pro-jects, as appropriate, is authorizedto make one or more written stan-dard purchase and/or writtenrequirement purchase contractsunder the Charter and the CodifiedOrdinances of Cleveland, Ohio, 1976,for each or all of the items com-prising the necessary supplies andmaterials for the improvements,including but not limited to, therental of necessary equipment, andplayground and safety surfacereplacements to be purchased or pro-cured by the Commissioner of Pur-chases and Supplies on a unit basisfor the Director of Public Works orCapital Projects, as appropriate.

Section 6. That, provided thisCouncil passes Ordinance No. 506-18and the City sells the bonds autho-rized by that ordinance, the Direc-tor of Public Works or Capital Pro-jects, as appropriate, is authorizedto employ by contract one or morearchitects, landscape architects andengineers, or one or more firms ofarchitects, landscape architects andengineers, necessary to implementthe public improvements authorizedin this ordinance. The selection ofthe consultants for the servicesshall be made by the Board of Con-trol on the nomination of the Direc-tor of Public Works or Capital Pro-jects, as appropriate, from a list ofqualified consultants available forthe employment as may be deter-mined after a full and complete can-vass by the Director of PublicWorks or Capital Projects, as appro-priate, for the purpose of compilingthe list. The compensation to bepaid for the services shall be fixedby the Board of Control. The con-tract or contracts authorized shallbe prepared by the Director of Law,approved by the Director of PublicWorks or Capital Projects, as appro-priate, and certified by the Directorof Finance.

Section 7. That, provided thisCouncil passes Ordinance No. 506-18and the City sells the bonds autho-rized by that ordinance, under Sec-tion 167 of the Charter of the Cityof Cleveland, it is determined tomake the public improvement ofconstructing, rehabilitating, renovat-ing, replacing or otherwise improv-ing recreation facilities, buildings,and other similar structures, andparks and playgrounds, on City-owned and City-leased park proper-ty including all site improvementsand appurtenances necessary andincidental, which are not covered bythe contract or contracts authorizedby Sections 2 and 4 of this ordinanceby the direct employment of the nec-essary labor, and the purchase orrental of the necessary supplies andmaterials for the making of theimprovement, which supplies andmaterials are not covered by thecontract or contracts authorized by

Section 5 of this ordinance, with aseparate accounting as to eachimprovement made.

Section 8. That the Director ofPublic Works or Capital Projects, asappropriate, is authorized to applyand pay for permits, licenses, orother authorizations required by anyregulatory agency or public author-ity to permit performance of thework authorized by this ordinance.

Section 9. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative agree-ments with other governmentalagencies. The Director of PublicWorks or Capital Projects, as appro-priate, may sign all documents thatare necessary to make the purchas-es, and may enter into one or morecontracts with the vendors selectedthrough that cooperative process.

Section 10. That the Director ofPublic Works or Capital Projects, asappropriate, is authorized to applyfor and accept any gifts or grantsfor this purpose from any public orprivate entity; and that the Directorof Public Works or Capital Projects,as appropriate, is authorized to fileall papers and execute all docu-ments necessary to receive thefunds under the grant; and that thefunds are appropriated for the pur-poses described in this ordinance.

Section 11 That the cost of anyexpenditure authorized by this ordi-nance shall be paid from the fundor funds which are credited the pro-ceeds of the sale of bonds autho-rized by Ordinance No. 506-18 if theCouncil passes that ordinance andthe City sells the bonds authorizedby that ordinance and Fund Nos. 01-0103-6926, 20 SF 552, 20 SF 558, 20 SF561, 20 SF 565, 20 SF 572, the fundor funds to which are credited grantfunds or cash gifts received, andany other funds deemed appropriateby the Director of Finance. (RQS0103, RLA 2018-23)



Ord. No. 649-18.By Council Members Polensek,

Hairston, Johnson and Kelley (bydepartmental request).

An emergency ordinance givingconsent of the City of Cleveland tothe Director of Transportation of theState of Ohio for improving a por-tion of Coit Road; to apply for andaccept any gifts or grants from anypublic or private entity; authorizingthe Director of Capital Projects toenter into any relative agreements;to employ one or more professionalconsultants to design the improve-ment; and causing payment of theCity’s share to the State for the costof the improvement.



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Section 1. That it is declared to bein the public interest that the con-sent of the City of Cleveland isgiven to the Director of Trans-portation of the State of Ohio (“theState”) to construct the followingimprovement under plans, specifica-tions, and estimates approved by theState: repair and resurfacing CoitRoad from Kirby Avenue to St.Clair, PID 105929 (the “Improve-ment”).

Section 2. That the City proposesto cooperate with the State in thecost of the Improvement by assum-ing and contributing the entire costand expense of the Improvement,less the amount of federal fundsallocated by the Federal HighwayAdministration, United StatesDepartment of Transportation. TheCity agrees to assume one hundredpercent (100%) of the cost of pre-liminary engineering, right-of-wayand environmental documentation.Also, the City agrees to assume andcontribute 100% of the cost of anyitems included in the constructioncontract at the request of the City,which are determined by the Statenot eligible or made necessary bythe Improvement. The share of thecost of the City is estimated in theamount of $191,600, but the estimat-ed amount is to be adjusted in orderthat the City’s ultimate share of theImprovement shall correspond withthe percentages of actual costswhen the actual costs are deter-mined. Also, the City further agreesthat change orders and extra workcontracts required to fulfill the con-struction contracts shall beprocessed as needed. The State shallnot approve a change order or extrawork contract until it first givesnotice, in writing, to the City. TheCity shall contribute its share of thecost of these items in accordancewith other provisions herein.

Section 3. That the Director ofCapital Projects is authorized toenter into one or more agreementswith the State necessary to completethe planning and construction of theImprovement, which agreementsshall contain terms and conditionsthat the Director of Law determinesshall best protect the public inter-est.

Section 4. Utilities and Right-of-Way Statement. The City agrees toacquire and/or make available toODOT, under current State and Fed-eral regulations, all necessary right-of-way required for the Improve-ment. The City also understandsthat right-of-way costs include eli-gible utility costs. The City agreesto be responsible for all utilityaccommodation, relocation, andreimbursement and agrees that allsuch accommodations, relocations,and reimbursements shall complywith the current provisions of 23CFR 645 and the ODOT UtilitiesManual.

Section 5. Maintenance. Upon com-pletion of the Improvement, andunless otherwise agreed, the Cityshall: (1) provide adequate mainte-nance for the Improvement under allapplicable state and federal laws,including, but not limited to, 23 USC116; (2) provide ample financial pro-visions, as necessary, for the main-tenance of the Improvement; (3)maintain the right-of-way, keepingit free of obstructions; and (4) hold

said right-of-way inviolate for pub-lic highway purposes.

Section 6. That the Director ofCapital Projects is authorized toenter into contracts with ODOT pre-qualified consultants for the prelim-inary engineering phase of theImprovement and to enter into con-tracts with the Director of Trans-portation necessary to complete theabove described project. Upon therequest of ODOT, the Director ofCapital Projects is also authorizedto assign all rights, title, and inter-ests of the City to ODOT arisingfrom any agreement with its con-sultant in order to allow ODOT todirect additional or corrective work,recover damages due to errors oromissions, and to exercise all othercontractual rights and remediesafforded by law or equity.

Section 7. That the City agreesthat if Federal Funds are used topay the cost of any consultant con-tract, the City shall comply with 23CFR 172 in the selection of its con-sultant and the administration ofthe consultant contract. Further, theCity agrees to incorporate ODOT’s“Specifications for Consulting Ser-vices” as a contract document in allof its consultant contracts. The Cityagrees to require, as a scope of ser-vices clause, that all plans preparedby the consultant must conform toODOT’s current design standardsand that the consultant shall beresponsible for ongoing consultantinvolvement during the constructionphase of the Improvement. The Cityagrees to include a completionschedule acceptable to ODOT and toassist ODOT in rating the consul-tant’s performance through ODOT’sConsultant Evaluation System.

Section 8. That this Councilrequests the State to proceed withthe Improvement.

Section 9. That the Director ofCapital Projects is authorized toapply for and accept any gifts orgrants for this purpose from anypublic or private entity, includingbut not limited to NOACA; and thatthe Director is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for the purposesdescribed in this ordinance.

Section 10. That, when appropri-ate, the Director of Capital Projectsis authorized to enter into one ormore contracts with the railroads,Greater Cleveland Regional TransitAuthority, the Northeast OhioRegional Sewer District and otherentities to obtain services or toacquire property rights such aseasements and licenses, necessary toconstruct the improvementsdescribed in this ordinance.

Section 11. That the Director ofCapital Projects is authorized toaccept cash contributions from pub-lic or private entities, for infra-structure restoration costs associat-ed with relocating, rehabilitating orreconstructing utility infrastructurefor the improvement.

Section 12. That the Director ofCapital Projects is authorized toenter into one or more agreementswith private utility companies topay charges for the installation ofunderground lines in connectionwith the Improvement.

Section 13. That the Director ofCapital Projects is authorized toenter into any agreements necessaryto implement the improvement.

Section 14. That the Director ofCapital Projects is authorized toemploy by contract or contracts oneor more consultants or one or morefirms of consultants for the purposeof supplementing the regularlyemployed staff of the several depart-ments of the City of Cleveland inorder to provide professional ser-vices necessary to design theImprovement.

The selection of the consultant orconsultants for the services shall bemade by the Board of Control on thenomination of the Director of Capi-tal Projects from a list of qualifiedconsultants available for employ-ment as may be determined after afull and complete canvass by theDirector of Capital Projects for thepurpose of compiling a list. Thecompensation to be paid for the ser-vices shall be fixed by the Board ofControl. The contract or contractsauthorized shall be prepared by theDirector of Law, approved by theDirector of Capital Projects, and cer-tified by the Director of Finance.

Section 15. That the Clerk of Coun-cil is authorized and directed totransmit to the State three (3) cer-tified copies of this ordinance imme-diately on its taking effect, and itshall become the basis for proceed-ing with the Improvement.

Section 16. That this Councilauthorizes payment to the State ofthe City’s share of the Improvement.

Section 17. That the cost of theprofessional services and the City’sshare of the improvement shall bepaid from Fund Nos. 20 SF 520, 20SF 528, 20 SF 534, 20 SF 540, 20 SF546, 20 SF 554, 20 SF 563, 20 SF 568,20 SF 574, 20 SF 579 and any allfunds approved by the Director ofFinance, including future bondfunds if issued for this purpose,Request No. RQS 0103, RLA 2018-21.



Ord. No. 650-18.By Council Members McCormack,

Santana, Johnson and Kelley (bydepartmental request).

An emergency ordinance givingconsent of the City of Cleveland tothe Director of Transportation of theState of Ohio for improving a por-tion of Scranton; to apply for andaccept any gifts or grants from anypublic or private entity; authorizingthe Director of Capital Projects toenter into any relative agreements;to employ one or more professionalconsultants to design the improve-ment; and causing payment of theCity’s share to the State for the costof the improvement.




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Section 1. That it is declared to bein the public interest that the con-sent of the City of Cleveland isgiven to the Director of Trans-portation of the State of Ohio (“theState”) to construct the followingimprovement under plans, specifica-tions, and estimates approved by theState: repair and resurfacing Scran-ton Road from Sackett Road to Fair-field Avenue, PID 105934 (the“Improvement”).

Section 2. That the City proposesto cooperate with the State in thecost of the Improvement by assum-ing and contributing the entire costand expense of the Improvement,less the amount of federal fundsallocated by the Federal HighwayAdministration, United StatesDepartment of Transportation. TheCity agrees to assume one hundredpercent (100%) of the cost of pre-liminary engineering, right-of-wayand environmental documentation.Also, the City agrees to assume andcontribute 100% of the cost of anyitems included in the constructioncontract at the request of the City,which are determined by the Statenot eligible or made necessary bythe Improvement. The share of thecost of the City is estimated in theamount of $520,000, but the estimat-ed amount is to be adjusted in orderthat the City’s ultimate share of theImprovement shall correspond withthe percentages of actual costswhen the actual costs are deter-mined. Also, the City further agreesthat change orders and extra workcontracts required to fulfill the con-struction contracts shall beprocessed as needed. The State shallnot approve a change order or extrawork contract until it first givesnotice, in writing, to the City. TheCity shall contribute its share of thecost of these items in accordancewith other provisions herein.

Section 3. That the Director ofCapital Projects is authorized toenter into one or more agreementswith the State necessary to completethe planning and construction of theImprovement, which agreementsshall contain terms and conditionsthat the Director of Law determinesshall best protect the public inter-est.

Section 4. Utilities and Right-of-Way Statement. The City agrees toacquire and/or make available toODOT, under current State and Fed-eral regulations, all necessary right-of-way required for the Improve-ment. The City also understandsthat right-of-way costs include eli-gible utility costs. The City agreesto be responsible for all utilityaccommodation, relocation, andreimbursement and agrees that allsuch accommodations, relocations,and reimbursements shall complywith the current provisions of 23CFR 645 and the ODOT UtilitiesManual.

Section 5. Maintenance. Upon com-pletion of the Improvement, andunless otherwise agreed, the Cityshall: (1) provide adequate mainte-nance for the Improvement under allapplicable state and federal laws,including, but not limited to, 23 USC116; (2) provide ample financial pro-visions, as necessary, for the main-tenance of the Improvement; (3)maintain the right-of-way, keepingit free of obstructions; and (4) holdsaid right-of-way inviolate for pub-lic highway purposes.

Section 6. That the Director ofCapital Projects is authorized toenter into contracts with ODOT pre-qualified consultants for the prelim-inary engineering phase of theImprovement and to enter into con-tracts with the Director of Trans-portation necessary to complete theabove described project. Upon therequest of ODOT, the Director ofCapital Projects is also authorizedto assign all rights, title, and inter-ests of the City to ODOT arisingfrom any agreement with its con-sultant in order to allow ODOT todirect additional or corrective work,recover damages due to errors oromissions, and to exercise all othercontractual rights and remediesafforded by law or equity.

Section 7. That the City agreesthat if Federal Funds are used topay the cost of any consultant con-tract, the City shall comply with 23CFR 172 in the selection of its con-sultant and the administration ofthe consultant contract. Further, theCity agrees to incorporate ODOT’s“Specifications for Consulting Ser-vices” as a contract document in allof its consultant contracts. The Cityagrees to require, as a scope of ser-vices clause, that all plans preparedby the consultant must conform toODOT’s current design standardsand that the consultant shall beresponsible for ongoing consultantinvolvement during the constructionphase of the Improvement. The Cityagrees to include a completionschedule acceptable to ODOT and toassist ODOT in rating the consul-tant’s performance through ODOT’sConsultant Evaluation System.

Section 8. That this Councilrequests the State to proceed withthe Improvement.

Section 9. That the Director ofCapital Projects is authorized toapply for and accept any gifts orgrants for this purpose from anypublic or private entity, includingbut not limited to NOACA; and thatthe Director is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for the purposesdescribed in this ordinance.

Section 10. That, when appropri-ate, the Director of Capital Projectsis authorized to enter into one ormore contracts with the railroads,Greater Cleveland Regional TransitAuthority, the Northeast OhioRegional Sewer District and otherentities to obtain services or toacquire property rights such aseasements and licenses, necessary toconstruct the improvementsdescribed in this ordinance.

Section 11. That the Director ofCapital Projects is authorized toaccept cash contributions from pub-lic or private entities, for infra-structure restoration costs associat-ed with relocating, rehabilitating orreconstructing utility infrastructurefor the improvement.


Section 13. That the Director ofCapital Projects is authorized toenter into any agreements necessaryto implement the improvement.

Section 14. That the Director ofCapital Projects is authorized toemploy by contract or contracts oneor more consultants or one or morefirms of consultants for the purposeof supplementing the regularlyemployed staff of the several depart-ments of the City of Cleveland inorder to provide professional ser-vices necessary to design theImprovement.


Section 15. That the Clerk of Coun-cil is authorized and directed totransmit to the State three (3) cer-tified copies of this ordinance imme-diately on its taking effect, and itshall become the basis for proceed-ing with the Improvement.

Section 16. That this Councilauthorizes payment to the State ofthe City’s share of the Improvement.

Section 17. That the cost of theprofessional services and the City’sshare of the improvement shall bepaid from Fund Nos. 20 SF 520, 20SF 528, 20 SF 534, 20 SF 540, 20 SF546, 20 SF 554, 20 SF 563, 20 SF 568,20 SF 574, 20 SF 579 and any allfunds approved by the Director ofFinance, including future bondfunds if issued for this purpose,Request No. RQS 0103, RLA 2018-21.





ing the Director of Capital Projectsto employ one or more professionalconsultants necessary for theDominion East Ohio Gas PipelineInfrastructure Replacement Pro-gram.

Whereas, Dominion East Ohio GasDominion is currently in year 8 ofa 20-year Pipeline InfrastructureReplacement Program in whichaged pipes are being replaced withnew pipes in various City rights-of-way and disturbed sidewalks, treelawns, and pavements are beingrestored; and

Whereas, additional professionalservices are required in order toensure City requirements areadhered to; and


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Section 1. That the Director ofCapital Projects is authorized toemploy by contract or contracts oneor more consultants or one or morefirms of consultants for the purposeof supplementing the regularlyemployed staff of the several depart-ments of the City of Cleveland inorder to provide professional ser-vices necessary for the DominionEast Ohio Gas Pipeline Infrastruc-ture Replacement Program, includ-ing but not limited to, constructioninspectors, certified arborists, andengineers to serve as permit coordi-nators.


Section 2. That the cost of the con-tract or contracts authorized shallbe paid from Fund Nos. 10 SF 966,the Dominion Pipeline Infrastruc-ture Fund, 01-0103-6930, and from thefund or funds approved by theDirector of Finance. (RQS 0103, RLA2018-25.)



Ord. No. 652-18.By Council Members Griffin, John-

son and Kelley (by departmentalrequest).

An emergency ordinance authoriz-ing the Director of Capital Projectsto enter into one or more contractswith Riverstone Company for engi-neering services for the Hudson andFrank Road Extension Projects;determining the method and autho-rizing one or more public improve-ment contracts; authorizing theCommissioner of Purchases and Sup-plies to acquire for right-of-way pur-poses any real property and ease-ments necessary; and accepting cashcontributions and gifts and grantsto implement.



Section 1. That the Director ofCapital Projects is authorized toenter into one or more contractswith Riverstone Company for pro-fessional services necessary to per-form engineering services necessaryto implement the Hudson and FrankRoad Extension Projects, from East101st Street to East 105th Street (the“Improvement”) on the basis of itsproposal dated May 9, 2018, for theOffice of Capital Projects.

Section 2. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructingthe Improvement, for the Office ofCapital Projects, by one or more con-tracts duly let to the lowest respon-sible bidder or bidders after com-petitive bidding on a unit basis forthe Improvement.

Section 3. That the Director ofCapital Projects is authorized toenter into one or more contracts forthe making of the Improvementwith the lowest responsible bidderor bidders after competitive biddingon a unit basis for the Improvement,provided, however, that each sepa-rate trade and each distinct compo-nent part of the Improvement maybe treated as a separate improve-ment, and each, or any combination,of the trades or components may bethe subject of a separate contract ona unit basis.

Section 4. That, notwithstandingany provision of the Codified Ordi-nances of Cleveland, Ohio, 1976, tothe contrary, the Commissioner ofPurchases and Supplies is autho-rized to acquire for right-of-way pur-poses any real property and ease-ments as is necessary to make theimprovements described in this ordi-nance. The consideration to be paidfor the property and easements shallnot exceed fair market value.

Section 5. That the Director ofCapital Projects is authorized toexecute on behalf of the City alldocuments necessary to acquire theproperty and easements and toemploy and pay all fees for titlecompanies, surveys, escrows,appraisers, and all other costs nec-essary for the acquisition of theproperty and easements.

Section 6. That the Director ofCapital Projects is authorized toaccept a cash contribution from pub-lic or private entities, for infra-structure restoration costs associat-ed with relocating, rehabilitating orreconstructing utility infrastructurefor the improvement. That the Direc-tor of Capital Projects is authorizedto enter into agreements with theentities for this purpose.

Section 7. That, when appropriate,the Director of Capital Projects isauthorized to enter into one or morecontracts with railroads, the GreaterCleveland Regional Transit Author-ity, the Northeast Ohio RegionalSewer District and other entities toobtain services or to acquire prop-erty rights such as easements andlicenses, necessary to construct theImprovement described in this ordi-nance.

Section 8. That the Director ofCapital Projects, when necessary, isauthorized to cause payment to anyrailroad, the Greater ClevelandRegional Transit Authority, andother entities for payment of anyservices which were necessary toconstruct the improvementsdescribed in this ordinance,.


Section 10. That the Director ofCapital Projects is authorized toenter into any agreements necessaryto implement the Improvement.

Section 11. That the Director ofCapital Projects is authorized toapply for and accept any gifts orgrants for this purpose from anypublic or private entity; and that theDirector is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for the purposesdescribed in this ordinance.

Section 12. That the cost of thecontracts and property acquisitionauthorized shall be paid from FundNos. 20 SF 520, 20 SF 528, 20 SF 534,20 SF 540, 20 SF 546, 20 SF 554, 20SF 563, 20 SF 568, 20 SF 574, 20 SF579, from the fund or funds to whichare deposited any gifts or grantsreceived, from the fund or funds towhich are credited the proceedsfrom the sale of future bonds, ifissued for this purpose, and whichfunds are appropriated for this pur-pose. Request No. RQS 0103, RL 2018-19.





ing the Director of Capital Projectsto employ one or more professionalconsultants to conduct a CapitalAudit assessment of FirstEnergyStadium and its facilities.

Whereas, an assessment of capitalrepairs of the FirstEnergy Stadiumand its facilities are required underthe terms of the lease with theCleveland Browns; and



Section 1. That, provided thisCouncil passes Ordinance No. 507-18and the City sells the bonds autho-rized by that ordinance, the Direc-tor of Capital Projects is authorizedto employ by contract or contractsone or more consultants or one ormore firms of consultants for thepurpose of supplementing the regu-larly employed staff of the severaldepartments of the City of Clevelandin order to provide professional ser-vices necessary to conduct a CapitalAudit Assessment of FirstEnergyStadium and its facilities.


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Section 2. That the cost of anyexpenditure authorized by this ordi-nance shall be paid from the fundor funds which are credited the pro-ceeds of the sale of bonds autho-rized by Ordinance No. 507-18 if theCouncil passes that ordinance andthe City sells the bonds authorizedby that ordinance and Fund Nos. 01-0103-6926, 20 SF 111, 20 SF 566, 20 SF573, 20 SF 578, and any other fundsdeemed appropriate by the Directorof Finance. (RQS 0103, RLA 2018-20)





ing the Director of Capital Projectsto employ one or more professionalconsultants to provide various archi-tectural, engineering, testing, andrelated services needed for variouscapital improvement projects, for aperiod of up two years with twooptions to renew for additional one-year period, exercisable by theDirector of Capital Projects.



Section 1. That, provided thisCouncil passes Ordinance No. 507-18and the City sells the bonds autho-rized by that ordinance, the Direc-tor of Capital Projects is authorizedto employ by contract or contractsone or more consultants or one ormore firms of consultants for thepurpose of supplementing the regu-larly employed staff of the severaldepartments of the City of Clevelandin order to provide professional ser-vices necessary to provide variousarchitectural, engineering, testing,and related services needed for var-ious capital improvement projects,for a period of up two years withtwo options to renew for additionalone-year period, exercisable by theDirector of Capital Projects.

The selection of the consultant orconsultants for the services shall bemade by the Board of Control on thenomination of the Director of Capi-tal Projects from a list of qualified

consultants available for employ-ment as may be determined after afull and complete canvass by theDirector of Capital Projects for thepurpose of compiling a list. Thecompensation to be paid for the ser-vices shall be fixed by the Board ofControl. The contract or contractsauthorized shall be prepared by theDirector of Law, approved by theDirector of Capital Projects, and cer-tified by the Director of Finance.

Section 2. That the cost of anyexpenditure authorized by this ordi-nance shall be paid from the fundor funds which are credited the pro-ceeds of the sale of bonds autho-rized by Ordinance No. 507-18 if theCouncil passes that ordinance andthe City sells the bonds authorizedby that ordinance and Fund Nos. 01-0103-6926, 20 SF 111, 20 SF 566, 20 SF573, 20 SF 578, and any other fundsdeemed appropriate by the Directorof Finance. (RQS 0103, RLA 2018-20)



Ord. No. 655-18.By Council Members Brancatelli

and Kelley (by departmentalrequest).

An emergency ordinance authoriz-ing the Director of CommunityDevelopment to enter into or amendcontracts with various agencies toprovide housing, commercial, indus-trial and real estate developmentactivities.



Section 1. That the Director ofCommunity Development is autho-rized to enter into or amend con-tracts with various agencies to pro-vide housing, commercial, industrialand real estate development activi-ties.

Section 2. That the cost of the con-tracts authorized in this ordinanceshall not exceed $1,383,487 and anyprior years balances from Fund Nos.14 SF 040, 14 SF 041, 14 SF 042, 14SF 043 and 14 SF 044, RQS 8006,RLA 2018-12.

Section 3. That the Director ofCommunity Development is autho-rized to accept program income anduse this and other program incometo finance additional housing, com-mercial, industrial, real estate devel-opment and other CDBG eligibleactivities, and the program incomeis appropriated for those purposes.

Section 4. That the Director ofCommunity Development is autho-rized to enter into or amend con-tracts with the agencies administer-ing the housing, commercial, indus-trial and real estate activities thatgenerated program income in anamount not to exceed that generat-ed program income and to be paidfrom the revolving fund in Fund 14.

Section 5. That the Director ofCommunity Development is autho-rized to enter into or amend con-tracts with for-profit or non-profitorganizations serving as the fiscalagent for the various agencies toprovide housing, commercial, indus-trial, and real estate developmentactivities.


Referred to Directors of Commu-nity Development, Finance, Law;Committees on Development Plan-ning and Sustainability, Finance.



An emergency ordinance authoriz-ing the Director of CommunityDevelopment to enter into contractwith various agencies to providesocial service programs, includingthe senior transportation program.



Section 1. That the Director ofCommunity Development is autho-rized to enter into or amend con-tracts with various agencies to pro-vide social service programs, includ-ing the senior transportation pro-gram.

Section 2. That the Director ofCommunity Development is autho-rized to use other program incometo finance additional social serviceactivities and the program income,and any prior year balances areappropriated for those purposes.

Section 3. That the cost of the con-tracts authorized by this ordinanceshall not exceed $1,513,016, plus pro-gram income and any prior year’sbalances, and shall be paid fromFund Nos. 14 SF 040, 14 SF 041, 14SF 042, 14 SF 043 and 14 SF 044, RQS8006, RLA 2018-13.





An emergency ordinance authoriz-ing the Director of CommunityDevelopment to enter into one ormore agreements with the CuyahogaMetropolitan Housing Authority forthe City to conduct environmentalreviews on behalf of CMHA for fed-erally-funded CMHA projects.


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Whereas, all projects and activi-ties federally-funded through theU.S. Department of Housing andUrban Development (“HUD”) requirean environmental review beforefunds can be committed and workperformed; and

Whereas, HUD regulations do notpermit Cuyahoga Metropolitan Hous-ing Authority (“CMHA”), a publichousing authority, to perform itsown environmental review; and

Whereas, the City of Cleveland isrecognized as a local ResponsibleEntity by HUD capable of perform-ing environmental reviews on behalfof CMHA; and



Section 1. That the Director ofCommunity Development is autho-rized to enter into one or moreagreements with CMHA to conductenvironmental reviews on behalf ofCMHA for any project and activitythat is federally-funded to CMHAthrough HUD. The agreement oragreements shall provide for reim-bursement from CMHA to the Cityfor the City’s cost of conducting theenvironmental reviews and relatedservices. The reimbursementsreceived will be deposited into FundNo. 14.

Section 2. That the Director ofLaw shall prepare the agreement oragreements and they shall containany additional terms and conditionsto protect and benefit the publicinterest.





An emergency ordinance to amendthe title, and Sections 2 and 4 ofOrdinance No. 565-17, passed June 5,2017; and to supplement the ordi-nance by adding new Sections 2a, 2band 2c relating to adding construc-tion gap funding to encourage theconstruction and rehabilitation ofsingle-family homes.

Whereas, in compliance with Ohiolaw, the Housing Advisory Board ofthe City of Cleveland, received adescription of the program over aperiod in excess of fifteen (15) days;and



Section 1. That the title and Sec-tions 2 and 4 of Ordinance No. 565-17, passed June 5, 2017, are amend-ed to read as follows:

An emergency ordinance authoriz-ing the Director of CommunityDevelopment to conduct a programto make loans or grants to home-buyers for down payment assis-tance, and appraisal gap funding,and construction gap funding need-ed for the sale following rehabilita-tion or new construction of single-family homes; and authorizing thedirector to enter into one or morecontracts with developers to imple-ment the program; and authorizingthe director to enter into one ormore contracts with qualified orga-nizations or entities to administerthe programs.

Section 2. That the Director ofCommunity Development is autho-rized to provide such loans or grantsin an amount up to $30,000 $40,000per buyer.

Section 4. That the cost of eachloan or grant shall not exceed$30,000 $40,000, and that the cost ofthe contracts with the qualifiedorganizations or entities shall bepaid from Fund No. 01-8006-6926,Request No. RQS 8006, RL 2017-47.

Section 2. That the existing title,and Sections 2 and 4 of OrdinanceNo. 565-17, passed June 5, 2017, arerepealed.

Section 3. That Ordinance No. 565-17, passed June 5, 2017, is supple-mented by adding new Sections 2a,2b, and 2c to read as follows:

Section 2a. That the Director ofCommunity Development is autho-rized to conduct a program to makeloans or grants to developers forconstruction gap funding needed forthe sale following rehabilitation ornew construction by a developer.

Section 2b. That the Director ofCommunity Development is autho-rized to provide such loans or grantin an amount up to $40,000 per devel-oper.

Section 2c. That the Director ofCommunity Development is autho-rized to enter into one or more con-tracts with qualified organizationsor entities to administer the pro-grams.





An emergency ordinance authoriz-ing the Director of Economic Devel-opment to enter into an amendmentto the Participation and Redevelop-ment Agreement, Contract No. CT9501 ST 2014-15, with the Cleveland-Cuyahoga County Port Authority toauthorize financial assistance inremediating environmental contami-nation at the Crescent Avenue site.

Whereas, under Ordinance No. 536-14, this Council authorized theDirector of Economic Developmentto enter into one or more agree-ments with the Cleveland-Cuyahoga

County Port Authority (“PortAuthority”) to serve as Local Spon-sor for the Crescent Avenue Envi-ronmental Restoration Project(“Crescent Avenue Project”) madeeligible under the Great LakesRestoration Initiative; and

Whereas, an amendment to theParticipation and RedevelopmentAgreement, Contract No. CT 9501 ST2014-15, with the Port Authority isnecessary to allow the City to pro-vide Local Match funding for its por-tion of the remediation of the Cres-cent Avenue Project; and



Section 1. That the Director ofEconomic Development is autho-rized to enter into an amendment toContract No. CT 9501 ST 2014-15 withthe Port Authority to authorize theCity to participate in the remedialdesign of the Crescent Avenue Envi-ronmental Restoration project byproviding Local Match funding. Allother terms and conditions of theParticipation and RedevelopmentAgreement shall remain the same.

Section 2. That the fundingrequired to supplement the existingcontract shall not exceed $77,500 andshall be paid from Fund No. 17 SF965, Request No. RQS 9501, RL 2018-44.


Referred to Directors of Econom-ic Development, Finance, Law; Com-mittees on Development Planningand Sustainability, Finance.



An emergency ordinance authoriz-ing the Directors of Finance andEconomic Development to transfer$250,000 from the General Fund toFund No. 17 SF 006 for the purposeof providing financial assistanceunder the Neighborhood RetailAssistance Program, created underthe authority of Ordinance No. 2156-05, passed December 5, 2005, asamended; and to amend Section 8 ofOrdinance No. 2156-05 to increase theamount of financial assistance pro-vided under the program.



Section 1. That the Directors ofFinance and Economic Developmentare authorized to transfer $250,000from Building and Permit fees col-lected and deposited into the Gener-al Fund to Fund No. 17 SF 006 forthe purpose of providing financialassistance under the Neighborhood


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Retail Assistance Program, createdunder the authority of Ordinance No.2156-05, passed December 5, 2005, asamended by Ordinance No. 1826-07,passed December 3, 2007, OrdinanceNo. 553-08, passed June 2, 2008, Ordi-nance No. 192-09, passed March 16,2009, Ordinance No. 606-10, passedJune 7, 2010, and Ordinance No. 1190-10, passed September 27, 2010). (RQS9501, RLA 2018-17)

Section 2. That Section 8 of Ordi-nance No. 2156-05, passed December5, 2005, as amended, is amended toread as follows:

Section 8. That the cost of eachagreement shall not exceed $40,000$50,000 and shall be paid from FundNos. 10 SF 502, 10 SF 526 and 17 SF006, which funds are appropriatedfor this use. Request No. RQS 9501RL 2010-95 and RQS 9501 RL 2010-161.

Section 3. That Section 8 of Ordi-nance No. 2156-05, passed December5, 2005, as amended, is repealed.





An emergency ordinance authoriz-ing the Directors of Finance andEconomic Development to transfer$1,750,000 from the General Fund toFund No. 17 SF 008 for the purposeof making Economic Developmentloans and grants under the authori-ty of Ordinance No. 90-10, passedFebruary 8, 2010.



Section 1. That the Directors ofFinance and Economic Developmentare authorized to transfer $1,750,000from Building and Permit fees col-lected and deposited into the Gener-al Fund to Fund No. 17 SF 008 forthe purpose of making economicdevelopment grants and loans underthe authority of Ordinance No. 90-10,passed February 8, 2010, and todeposit repayments into Fund No. 17SF 006. (RQS 9501, RLA 2018-16)





An emergency ordinance authoriz-ing the Directors of Finance andEconomic Development to transfer$500,000 from the General Fund toFund No. 17 SF 634 for the purposeof making grants from the Neigh-borhood Development Program,under the authority of Ordinance No.2567-A-88, passed January 30, 1989,as amended.



Section 1. That the Directors ofFinance and Economic Developmentare authorized to transfer $500,000from Building and Permit fees col-lected and deposited into the Gener-al Fund to Fund No. 17 SF 634 forthe purpose of making grants forthe Neighborhood Development Pro-gram created under the authority ofOrdinance No. 2567-A-88, passed Jan-uary 30, 1989, as amended by Ordi-nance No. 1336-89, passed June 5,1989, Ordinance No. 1743-90, passedJuly 23, 1990, Ordinance No. 1671-91,passed September 30, 1991, Ordi-nance No. 1297-93, passed June 14,1993, Ordinance No. 299-94, passedMarch 28, 1994, Ordinance No. 644-11,passed May 23, 2011, and OrdinanceNo. 115-12, passed March 22, 2012,and to deposit repayments into FundNo. 17 SF 006. (RQS 9501, RLA 2018-18)





An emergency ordinance authoriz-ing the Directors of Finance andEconomic Development to transfer$500,000 from the General Fund toFund No. 17 SF 652 for the purposeof making grants for the Job Cre-ation Incentive Program createdunder the authority of Ordinance No.1104-13, passed September 23, 2013.



Section 1. That the Directors ofFinance and Economic Developmentare authorized to transfer $500,000from Building and Permit fees col-lected and deposited into the Gener-al Fund to Fund No. 17 SF 652 forthe purpose of making grants forthe Job Creation Incentive Programcreated under the authority of Ordi-nance No. 1104-13, passed September23, 2013. (RQS 9501, RLA 2018-15)



Ord. No. 664-18.By Council Member Kelley (by

departmental request).An emergency ordinance authoriz-

ing the issuance and sale of waterrevenue obligations to refund out-standing water revenue obligations;authorizing agreements related tothe obligations; and authorizing andapproving related matters.

Whereas, the City of Cleveland,Ohio, a municipal corporation andpolitical subdivision of the State ofOhio, is authorized under ArticleXVIII of the Ohio Constitution andthe Charter of the City, among otherthings: (a) to own and operate thepublic utility referred to as theWaterworks System; (b) to make,from time to time, improvements tothe Waterworks System; and (c) toborrow money for the purpose ofpaying costs of those improvementsand refunding outstanding obliga-tions issued for that purpose; and

Whereas, pursuant to that author-ity the City has issued Bonds, fromtime to time, under the terms of theAmended and Restated Trust Inden-ture, effective as of October 5, 2001,as supplemented and amended fromtime to time, between the City andU.S. Bank National Association, astrustee (the “Indenture”), and theBonds are secured thereunder by apledge of and lien on the Net Rev-enues of the Waterworks Systemand the Pledged Funds, each asdefined in the Indenture; and

Whereas, this Council has deter-mined to authorize the issuancefrom time to time by the City ofRefunding Bonds under the Inden-ture for the purpose of refundingOutstanding Revenue Bonds, asdefined and provided in this Ordi-nance, to obtain debt service sav-ings, to stabilize interest rates orminimize risks of increased interestexpense on Outstanding RevenueBonds that bear interest at variablerates, or to eliminate or modifycovenants that are unduly restric-tive, or otherwise to obtain a morefavorable debt service structure; and

Whereas, this Ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department and provid-ing for the immediate preservationof public peace, property, health orsafety, in that authorizing theissuance and sale of obligations torefund the Outstanding Bonds andauthorizing related agreements isnecessary to enable the City torespond to market conditions on atimely basis for the benefit of theWaterworks System; now, therefore,


Section 1. Definitions.In addition to the words and

terms defined in the Indenture, thefollowing words and terms shall


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have the following meanings, unlessthe context or use clearly indicatesanother or different meaning orintent:

“Bonds” or “Water RevenueBonds” means all Bonds or Subordi-nate Bonds issued and outstandingunder the Indenture.

“Bond Purchase Agreement”means, as to each Series of Refund-ing Bonds, the purchase agreementbetween the City and the OriginalPurchasers authorized by Section 4with respect to that Series.

“Certificate of Award” means, asto each Series of Refunding Bonds,the certificate determining the finalterms of the Refunding Bonds ofthat Series, consistent with therequirements of this Ordinance,including, without limitation, Sec-tion 4.

“Continuing Disclosure Agree-ment” means, as to each Series ofRefunding Bonds, any continuingdisclosure agreement authorized bySection 14.

“Credit Support Instrument” meansan insurance policy, surety, letter ofcredit, standby bond purchase agree-ment or other credit enhancement,support or liquidity facility used toenhance or provide for the securityor liquidity of Refunding Bonds, orany Hedge Agreements.

“Escrow Agreement” means one ormore agreements between the Cityand the Trustee, in its capacity asEscrow Agent, authorized by Section7 or Section 17.

“Escrow Fund” means the fund,including the account or accountstherein, required to be maintainedwith the Trustee, in its capacity asEscrow Agent pursuant to anEscrow Agreement.

“Financial Advisor” means anyfinancial advisory firm or firmsretained by the Director of Financeof the City, from time to time, pur-suant to Section 18.

“Hedge Agreement” means anyagreement defined as such in Sec-tion 11.

“Indenture” means, as applicable,(i) the Senior Indenture or (ii) theSubordinate Indenture.

“Original Indenture” means theAmended and Restated Trust Inden-ture, effective October 5, 2001,between the City and U.S. BankNational Association, as successortrustee, delivered under authority ofOrdinance No. 2011-95 passed by theCouncil of the City on April 1, 1996and with the consent of the ownersof 66-2/3% of the applicable Out-standing Revenue Bonds under theIndenture of Mortgage dated as ofNovember 1, 1977.

“Original Purchasers” means, withrespect to each Series of RefundingBonds, the financial institutionsidentified in the applicable Certifi-cate of Award.

“Outstanding Revenue Bonds”means Water Revenue Bonds of theCity issued and outstanding, fromtime to time, under the Indenture.On the date of introduction of thisOrdinance the following Bonds areOutstanding: Series G (currently out-standing in the amount of$35,550,000), Series T (currently out-standing in the amount of$37,065,000), Series U (currently out-standing in the amount of$54,935,000), Series V (currently out-standing in the amount of$26,495,000), Series W (currently out-standing in the amount of

$1,380,000), Series X (currently out-standing in the amount of$27,575,000), Series Y (currently out-standing in the amount of$116,205,000), Series Z (currently out-standing in the amount of $995,000),Series AA (currently outstanding inthe amount of $90,800,000), Series BB(currently outstanding in theamount of $15,715,000), Series CC(currently outstanding in theamount of $54,730,000), Second LienSeries A (currently outstanding inthe amount of $24,755,000) and Sec-ond Lien Series B (currently out-standing in the amount of$42,495,000).

“Refunded Bonds” means, as toeach Series of Refunding Bonds, theOutstanding Revenue Bonds desig-nated in the Certificate of Award asthe Water Revenue Bonds to berefunded with proceeds of thatSeries of Refunding Bonds.

“Refunding Bonds” means theobligations authorized by this Ordi-nance to be issued in one or moreSeries as additional Water RevenueBonds under the Indenture for thepurpose of refunding one or moreSeries of Outstanding RevenueBonds, or designated maturitiesthereof, or one or more Series ofRefunding Bonds.

“Senior Indenture” means the Orig-inal Indenture as previously supple-mented and amended and as it maybe further supplemented and amend-ed by Supplemental Indentures con-sistently with the Original Inden-ture as previously amended and sup-plemented.

“Subordinate Indenture” means theSubordinate Bonds Trust Indenture,dated as of October 1, 2012, betweenthe City and U.S. Bank NationalAssociation, as trustee, deliveredunder authority of Ordinance No.919-12 passed by the Council of theCity on August 8, 2012 as it may besupplemented and amended by Sup-plemental Indentures consistentlywith its terms.

“Supplemental Indenture” means,as to each Series of RefundingBonds, the Supplemental Indentureor Supplemental Subordinate Inden-ture, as applicable, between the Cityand the Trustee securing that Seriesof Refunding Bonds as authorizedunder Section 7.

“Taxable Obligations” means anyRefunding Bonds the interest onwhich is intended to be included ingross income for federal income taxpurposes.

“Tax-Exempt Obligations” meansany Refunding Bonds the intereston which is intended to be excludedfrom gross income for federalincome tax purposes.

“Tender Offer” means an offer bythe City to holders of OutstandingRevenue Bonds for the purchase ofthe Outstanding Bonds in lieu ofredemption.

Any reference herein to a fund orfunds or to any debt service reserverequirements created or establishedpursuant to the Senior Indentureshall include, as applicable, anycounterpart fund, funds or debt ser-vice reserve requirements created orestablished pursuant to the Subordi-nate Indenture.

Section 2. Authorization of theRefunding Bonds.

This Council authorizes the Cityto issue the Refunding Bonds fromtime to time in one or more Seriesfor the purpose of refunding one or

more Series of Outstanding RevenueBonds, or designated portions there-of, to obtain aggregate net presentvalue debt service savings of atleast three percent (3%), to elimi-nate or modify covenants that areunduly restrictive, or otherwise toobtain a more favorable debt servicestructure or more favorable termsunder Credit Support Instruments.With respect to Outstanding Rev-enue Bonds that are short-term orvariable-rate obligations, this Coun-cil authorizes the City to issueRefunding Bonds to refund suchOutstanding Revenue Bonds, or des-ignated portions thereof, on the fur-ther basis that the Director ofFinance has determined, based onthe written advice of a FinancialAdvisor, that such Outstanding Rev-enue Bonds are subjecting the Cityto undesirably high rates of interestor undesirable fluctuations in ratesof interest or risks or expenses asso-ciated with Credit Support Instru-ments that can economically beavoided or mitigated throughrefunding. The principal amount ofeach Series of Refunding Bonds isto be the amount set forth in theCertificate of Award authorized inSection 4 and determined by theDirector of Finance, based on thewritten advice of a Financial Advi-sor, to be necessary (i) to refund theRefunded Bonds to be refunded bythat Series, (ii) to fund any depositto the Debt Service Reserve Fundrequired under the Indenture or anyspecial reserve fund for that Seriesseparate from the Debt ServiceReserve Fund, (iv) to pay costs ofany Credit Support Instruments, (v)to pay any amounts owed underHedge Agreements, and (vi) to paycosts of issuing the RefundingBonds and refunding the RefundedBonds. The proceeds from the saleof each Series of Refunding Bondsshall be allocated, deposited andapplied as provided in Section 5.

The Refunding Bonds may beissued in one or more separateSeries, each bearing a distinctivedesignation, provided that theRefunding Bonds of each Series sat-isfy the requirements of this Ordi-nance. Separate Series of RefundingBonds may be issued at the same ordifferent times. The RefundingBonds of each Series shall be des-ignated as provided in the applica-ble Certificate of Award and shallinclude in the designation referenceto the calendar year in which theapplicable Series is issued. A sepa-rate Certificate of Award and a sep-arate Supplemental Indenture shallbe delivered for each Series.

Section 3. Variable Rate Refund-ing Bonds.

In the event that a Series ofRefunding Bonds bear interest atvariable interest rates, then theDirector of Finance is authorized todetermine the method and procedureby which the variable rate of inter-est to be borne by the RefundingBonds of that Series shall be deter-mined, whether by reference to amarket index, by a remarketingagent or otherwise; provided that novariable rate Refunding Bonds maybear interest at a rate in excess oftwenty-five percent (25%) per year(including any Refunding Bondsheld by a provider of a Credit Sup-port Instrument). The Director ofFinance may determine that theterms of a variable rate Series of


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Refunding Bonds may or may notpermit the holders to tender theirvariable rate Refunding Bonds forpurchase by the City. The Directorof Finance shall also designate inthe Certificate of Award for thosevariable rate Refunding Bonds (andmay designate others, from time totime, in substitution therefor) thetender agent or agents and theremarketing agent or agents, whichdesignations shall be based on thedetermination of the Director ofFinance, based on the writtenadvice of a Financial Advisor, thatthe parties so designated possessthe requisite resources and experi-ence to provide the services requiredof them and that the terms on whichthe designated parties have agreedto provide such services are fair andcommercially reasonable. The Direc-tor of Finance is authorized to enterinto agreements in connection withthe delivery of each Series of vari-able rate Refunding Bonds, andfrom time to time thereafter so longas the variable rate RefundingBonds of that Series are outstand-ing, with providers of Credit SupportInstruments, tender agents (whichmay be the Trustee), remarketingagents (which may be any of theOriginal Purchasers), purchasers oftendered Refunding Bonds, and oth-ers as may be determined by theDirector of Finance, based on thewritten advice of a Financial Advi-sor, to be necessary or appropriateto provide for (i) the method ofdetermining the variable interestrates, (ii) the rights and proceduresfor tender, (iii) liquidity or creditsupport, (iv) repayment by the Cityof any amounts drawn under theCredit Support Instrument, (v) thedirect purchase of tendered Refund-ing Bonds, and (vi) other arrange-ments in the best interests of theCity. The Director of Finance is fur-ther authorized to terminate anysuch agreements if the Director ofFinance determines, based on thewritten advice of a Financial Advi-sor, that the City’s best interestswill be served by such termination.The Director of Finance is furtherauthorized to enter into agreements,from time to time so long as thevariable rate Refunding Bonds areoutstanding, supplementing oramending the applicable Supple-mental Indenture for a series ofRefunding Bonds as provided in Sec-tion 9. The Director of Finance isauthorized to pay any fees associ-ated with agreements entered intoor terminated pursuant to this Sec-tion from proceeds of RefundingBonds, to the extent permitted bythe Indenture, and from the Net Rev-enues of the Utility.

Section 4. Award and Sale ofRefunding Bonds.

The Director of Finance shall signand deliver a Certificate of Awardfor the Refunding Bonds. In theevent the Refunding Bonds areissued in more than one series soldat different times, a separate Cer-tificate of Award shall be signedand delivered for each separatelydelivered series. The sale of theRefunding Bonds shall be awardedto the Original Purchaser selectedby the Director of Finance and iden-tified in the Certificate of Award. Inthe case of Refunding Bonds to beunderwritten in a public offering,the Director of Finance shall selectthe Original Purchaser based on her

evaluation, in consultation with aFinancial Advisor, of the qualifica-tions and relevant experience offirms that have proposed to under-write the Refunding Bonds. Alter-natively, the Director of Financemay determine, in consultation witha Financial Advisor, that moreadvantageous terms for the Refund-ing Bonds may be obtained by theprivate placement of the RefundingBonds with an investor or investors(including financial institutions)purchasing for their own accountand not for resale, in which case theDirector of Finance may designatesuch investor or investors as theOriginal Purchaser. In addition,each Certificate of Award shalldetermine the following, based onthe written advice of a FinancialAdvisor, consistent with this Ordi-nance and the Indenture:

(a) the aggregate principalamount of Refunding Bonds issued;

(b) the purchase price to be paidto the City by the Original Pur-chasers, which amount shall be notless than: (i) 97% of the amountdetermined by adding to the aggre-gate principal amount of theRefunding Bonds any aggregateoriginal issue premium and sub-tracting from the amount any aggre-gate original issue discount, plus(ii) any accrued interest on theRefunding Bonds from their date tothe date of their delivery to theOriginal Purchasers;

(c) whether any Refunding Bondsare to be subject to redemption priorto maturity, and, if so, the redemp-tion date for those Refunding Bondssubject to prior redemption and theredemption price, which may bedetermined as a percentage of theprincipal amount redeemed or by aformula intended to make the bond-holder whole for the loss of theinvestment resulting from the earlyredemption or by other methodology;

(d) the dates on which andamounts in which principal of theRefunding Bonds is to be paid,which shall be not later than thirty(30) years from their respectivedates of issuance, with an identifi-cation of whether the payment isdue by stated maturity or by manda-tory sinking fund redemption ofRefunding Bonds of a particularmaturity;

(e) the interest rates to be borneby Refunding Bonds bearing inter-est at a fixed rate, the weightedaverage of which shall not exceedeight percent (8%) as to RefundingBonds of any Series that are Tax-Exempt Obligations or ten percent(10%) as to Refunding Bonds of anySeries that are Taxable Obligations,or the method by which the interestrate is to be determined for Refund-ing Bonds bearing interest at vari-able rates, consistent with Section 3;

(f) the particular OutstandingRevenue Bonds or portions thereofto be Refunded Bonds, and the dateor dates on which the RefundedBonds shall be called for redemptionor otherwise retired;

(g) the title and Series designa-tion for the Refunding Bonds;

(h) the amount, if any, and sourceof any money to be deposited in theDebt Service Reserve Fund in orderto cause the balance therein toequal the Debt Service ReserveRequirement, if and to the extentrequired by the applicable Supple-mental Indenture, and any determi-nation as to whether there shall be

a special reserve fund for theRefunding Bonds of any Series, sep-arate from the Debt Service ReserveFund, and any determination as towhether a Credit Support Instru-ment shall be provided in lieu ofcash in the Debt Service ReserveFund or such special reserve fund;

(i) the Paying Agent; and(j) whether any Refunding Bonds

are to be secured by or payable fromany Credit Support Instruments.

It is determined that the terms ofthe Refunding Bonds as so deter-mined within the limitations setforth in this Ordinance and as sospecified and set forth in the Cer-tificate of Award will be in the bestinterest of the City and consistentwith all legal requirements.

The Director of Finance mayenter into a Bond Purchase Agree-ment with the Original Purchasersof each Series of Refunding Bondssetting forth the conditions fordelivery of the Refunding Bondsthat are consistent with this Ordi-nance, the Certificate of Award, andthe Indenture and that are deter-mined by the Director of Finance,based on the written advice of aFinancial Advisor, to be customaryfor water revenue bonds issued bygovernmental entities, including,without limitation, representationsas to the accuracy and completenessof information contained in the Offi-cial Statement of the City describedin Section 14.

Section 5. Application of Proceedsof Refunding Bonds.

The proceeds of the sale of eachSeries of Refunding Bonds shall bedeposited as provided in the applic-able Supplemental Indenture, includ-ing:

(a) to the payment of anyproviders of any Credit SupportInstruments, the fees and expensesrequired to be paid by the City toobtain the Credit Support Instru-ment;

(b) to the Trustee, for deposit tothe credit of the Interest Account inthe Debt Service Fund, the amount,if any, received by the City upondelivery of the Refunding Bonds asaccrued interest on any RefundingBonds from their dated date to thedate of the delivery of and paymentfor those Refunding Bonds;

(c) to the Trustee, for deposit tothe credit of the Debt ServiceReserve Fund or any special reservefund, any amount identified in theCertificate of Award as required tobe deposited in the Debt ServiceReserve Fund or such specialreserve fund from the proceeds ofthe Refunding Bonds;

(d) to the Trustee, for payment tothe holders of the Refunded Bondsor for deposit to the credit of anyEscrow Fund established pursuantto any Escrow Agreement or to theDebt Service Fund, proceeds to beapplied to refund the RefundedBonds;

(e) to the counterparty under anyHedge Agreement, any paymentdetermined by the Director ofFinance to be paid from the pro-ceeds of the Refunding Bonds,including any termination paymentin the event that the Director ofFinance determines it is in the bestinterests of the City to terminate aHedge Agreement relating to Out-standing Revenue Bonds; and

(f) to the Costs of Issuance Fund,to be created under the applicable


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Supplemental Indenture, suchamounts as are needed to pay costsof issuing the Refunding Bonds andrefunding the Refunding Bonds.

Provision shall be made in theSupplemental Indentures for theapplication of any amounts held inthe funds and accounts establishedunder the Indenture and no longerrequired for the security of Out-standing Revenue Bonds as a resultof the Refunded Bonds’ no longerbeing Outstanding, or any amountsthat otherwise are in excess of therequired balances. Provisions maybe made in the Supplemental Inden-tures for the creation of separateaccounts within the funds estab-lished under the Indenture or Sup-plemental Indentures.

The proceeds from the sale ofeach Series of Refunding Bonds areappropriated and shall be used forthe purpose for which those Refund-ing Bonds are issued as provided inthis Ordinance.

Section 6. Terms and ProvisionsApplicable to the Refunding Bonds.

(a) Form; Exchange and Transfer.All Refunding Bonds shall be issuedin fully registered form and may bedelivered in book entry form. Ifdelivered in book-entry form,Refunding Bonds shall be registeredin the name of the Depository (asdefined in the Indenture) or its nom-inee, as registered owner, and immo-bilized in the custody of the Depos-itory, and shall not be transferableor exchangeable (except for trans-fer to another Depository or its nom-inee) without further action by theCity pursuant to the provisions ofthe Supplemental Indenture.

(b) Dates; Denominations. TheRefunding Bonds of each Seriesshall be dated as of the date ordates provided in the Certificate ofAward and shall be issued in thedenominations permitted in theapplicable Supplemental Indenture.

(c) Interest and Place of Pay-ment. The Refunding Bonds of eachSeries shall bear interest at theirrespective interest rates specified inthe Certificate of Award (or, in thecase of variable rate RefundingBonds, determined pursuant to theSupplemental Indenture). TheRefunding Bonds of the same Seriesand same maturity may bear inter-est at different interest rates. TheRefunding Bonds of each Seriesshall bear interest from the mostrecent date to which interest hasbeen paid or duly provided for or, ifno interest has been paid or dulyprovided for, from their date. Theprincipal and any redemption pre-mium and the interest payable oneach Refunding Bond of a Seriesshall be payable at the times, to thepersons and in the manner set forthin, or referenced by, the applicableSupplemental Indenture, including,without limitation, provisions there-of permitting special arrangementsfor payments to the Depository.

(d) Maturities. The RefundingBonds of each Series shall matureon the dates and in the respectiveprincipal amounts provided in theCertificate of Award, consistentwith this Ordinance and the Inden-ture.

(e) Optional and MandatoryRedemption. The Refunding Bondsof each Series may be subject toredemption prior to maturity at theoption of the City, if and to theextent provided in the Certificate of

Award. Any Refunding Bonds sodetermined to be subject to optionalredemption and maturing by theirstated terms after the earliestoptional redemption date shall besubject to redemption at the optionof the City on or after the earliestoptional redemption date in wholeor in part on any date at theredemption prices provided in theCertificate of Award and in accor-dance with the applicable Supple-mental Indenture and the Indenture.The Refunding Bonds designated inthe Certificate of Award as termbonds subject to mandatory sinkingfund redemption shall be redeemedprior to maturity on each mandato-ry redemption date designated inthe Certificate of Award in theaggregate amount of the sinkingfund installment to be paid on suchmandatory redemption date, all asprovided in the Certificate of Awardand in accordance with the Supple-mental Indenture.

(f) Purchase in Lieu of Redemp-tion. The Refunding Bonds of eachSeries may be subject to purchaseby the City in lieu of optionalredemption if and to the extent pro-vided in the Certificate of Awardand the applicable SupplementalIndenture.

(g) Execution. The RefundingBonds of each Series shall be signedby the persons and in the mannerset forth in the Indenture.

(h) Numbering. The RefundingBonds of each Series shall be num-bered as determined by the Directorof Finance.

Section 7. Authorization of Sup-plemental Indentures; EscrowAgreement.

In order to secure the payment ofthe principal of and any premiumand interest on the RefundingBonds, the Mayor, Director ofFinance and Director of Public Util-ities, or any two of them, are autho-rized to sign and deliver to theTrustee, in trust for the OriginalPurchasers and subsequent holdersof each Series of the RefundingBonds, a Supplemental Indenture,approved as to form by the Directorof Law, not inconsistent with thisOrdinance, the Certificate of Awardand the Indenture and not substan-tially adverse to the City as may beapproved by the officers signing thesame on behalf of the City. Thedetermination by those officers thata Supplemental Indenture is not sub-stantially adverse to the City shallbe conclusively evidenced by thesigning and delivery of that Sup-plemental Indenture by those offi-cers. Subject to the Original Inden-ture as theretofore amended, anySupplemental Indenture may containamendments to the Original Inden-ture, as theretofore amended, oramend and restate the OriginalIndenture, to permit the City toobtain a Credit Support Instrumentor to permit increased flexibility forthe use of financial or credit struc-tures and techniques determined bythe Director of Finance, based onthe written advice of a FinancialAdvisor, to be in the best interestsof the City.

In order to cause the proceeds ofeach Series of Refunding Bonds andany funds of the City deposited inan Escrow Fund or in the Debt Ser-vice Fund to be invested as permit-ted under Section 9.02 of the Inden-ture so that the Refunded Bonds are

deemed paid and discharged, and inorder to cause the amount to bedeposited to be dedicated andapplied to the payment of the prin-cipal of and interest and anyredemption premium on the Refund-ed Bonds as and when due, to andincluding the applicable redemptiondate, the Director of Finance isauthorized to sign and deliver oneor more Escrow Agreementsbetween the City and the Trustee asEscrow Agent, approved as to formby the Director of Law, providingfor the establishment of eachEscrow Fund as a trust fund in thecustody of the Trustee and for theinvestment, dedication and applica-tion of the moneys deposited in theaccounts therein and further provid-ing for the payment of the fees andexpenses of the Trustee for the per-formance of its duties as EscrowAgent. Each Escrow Agreementshall provide for the redemption ofthe Refunded Bonds identified inthe applicable Certificate of Awardto be called for redemption prior tomaturity and shall provide irrevoca-ble instruction to the Trustee toeffect such redemption in accor-dance with the Indenture. TheDirector of Finance is authorized totake such other actions as may benecessary or appropriate to accom-plish the refunding of RefundedBonds, including without limitation,the retention of an independent pub-lic accounting firm to verify thatthe securities to be in an EscrowFund are of such maturities orredemption dates and interest pay-ment dates, and bear such interest,as will be sufficient, together withany cash in an Escrow Fund, for thepayment of debt service on theRefunded Bond to which the EscrowFund relates and to make any deter-minations required for the intereston the Refunding Bonds to beexcluded from gross income for fed-eral income tax purposes.

Section 8. Rebate Fund.There is established and ordered

to be maintained a separate accountfor each Series of Refunding Bondsthat are Tax-Exempt Obligationswithin the Rebate Fund held in thecustody of the Trustee under theIndenture. The Rebate Fund is notpledged to the payment of debt ser-vice and is free and clear of anypledge or lien given under theIndenture as security for theRefunding Bonds or the OutstandingRevenue Bonds. Calculations ofexcess earnings that may be dueand payable to the federal govern-ment pursuant to the Code anddeposits to those accounts of theRebate Fund shall be made as pro-vided in the applicable Supplemen-tal Indenture.

Section 9. Remarketing.In the event that the Director of

Finance determines, based on thewritten advice of a Financial Advi-sor, that it is advantageous to theCity to convert the interest on anyshort-term or variable rate Out-standing Revenue Bonds or Refund-ing Bonds to fixed interest rates fora period of time or to maturity, orto convert the interest on any short-term or variable rate OutstandingRevenue Bonds or Refunding Bondsto a different variable rate period ormode, or to terminate or take otheractions with respect to any existingCredit Support Instrument that willrequire a tender and remarketing of


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any Outstanding Revenue Bonds orRefunding Bonds under the Inden-ture (any such conversion or otheraction or tender or remarketingbeing collectively referred to in thisSection as “remarketing”), the Cityshall undertake the remarketing inaccordance with the Indenture. Inconnection with any remarketing ofBonds, the Director of Finance isauthorized to take such actions thatshe determines, based on the writ-ten advice of a Financial Advisor,will facilitate the remarketing ofthe Bonds or otherwise be in thebest interests of the City, includingwithout limitation, obtaining one ormore Credit Support Instruments,terminating any Credit SupportInstrument, and entering into agree-ments with one or more purchasersfor their direct purchase of theremarketed Bonds in lieu of a pub-lic offering of the Bonds by a remar-keting agent. In the event the Direc-tor of Finance determines, based onthe written advice of a FinancialAdvisor, that it is necessary to sup-plement or amend the SupplementalIndenture applicable to a Series ofBonds to be remarketed in order toaddress current market conditionsor to permit the use of or to termi-nate a Credit Support Instrument orotherwise obtain financing arrange-ments advantageous to the City, theMayor, the Director of Finance andthe Director of Public Utilities, orany two of them, are authorized tosign and deliver an amendment ofthat Supplemental Indenture, or anamended and restated SupplementalIndenture, approved as to form bythe Director of Law, subject to theOriginal Indenture as theretoforeamended.

The Director of Finance is furtherauthorized to satisfy any Debt Ser-vice Reserve Requirement or anyspecial reserve fund requirement forthe Series of Bonds to be remarket-ed, by the deposit of a Credit Sup-port Instrument in lieu of cash, aspermitted and more specifically pro-vided in the Indenture, and to applycash released from the Debt ServiceReserve Fund or such specialreserve fund to the payment of costsof remarketing or other purposespermitted by applicable laws. To theextent the costs of remarketing arenot paid from any cash releasedfrom the Debt Service Reserve Fundor such special reserve fund, thosecosts shall be paid from funds of theWater Division, which are appropri-ated for that purpose.

The Director of Finance and theDirector of Public Utilities areauthorized to prepare one or moredisclosure documents in connectionwith any remarketing of Bondsunder the same terms and conditionsas set forth in Section 14 of thisOrdinance with respect to theissuance of Refunding Bonds. TheDirector of Finance, the Director ofPublic Utilities or any other officerof the City, as appropriate under theCharter, is authorized to take suchactions or cause to be taken suchactions as are necessary to maintainthe applicable tax status of suchBonds, and the covenants and autho-rizations in Section 12 of this Ordi-nance shall apply to such Bonds.The Mayor, the Director of Finance,the Director of Public Utilities andother City officials, as appropriateunder the Charter, are authorized tosign and deliver such instruments,

certificates and documents as arenecessary or appropriate to consum-mate the transactions authorized bythis Section. The Director ofFinance, the Director of Public Util-ities, the Director of Law and otherCity officials, as appropriate underthe Charter, are authorized to makethe necessary arrangements onbehalf of the City to establish thedate, location, procedure and condi-tions for the remarketing of anyBonds and to take all actions nec-essary to effect the remarketing ofany Bonds under the terms of thisOrdinance and the Indenture. TheClerk of Council or other appropri-ate official of the City shall furnishthe Trustee a true transcript of pro-ceedings certified by the Clerk orother official, of all proceedings hadwith reference to the remarketing ofany Bonds along with such infor-mation for the records as is neces-sary to determine the validity of theremarketing.

Section 10. Tender Offers. In connection with refinancing or

restructuring any Outstanding Rev-enue Bonds, the Director of Financeis authorized to make a TenderOffer for all or any portion of thoseOutstanding Revenue Bonds or allor any portion of any one or morematurities of those OutstandingRevenue Bonds on such terms as theDirector of Finance determines, inconsultation with a Financial Advi-sor, will result in debt service sav-ings to the City or the eliminationor modification of covenants thatare unduly restrictive or a morefavorable debt service structure ormore favorable terms under CreditSupport Instruments or other advan-tages to the City. The purchaseprice for the purchase of any Out-standing Revenue Bonds tenderedfor purchase in response to the Ten-der Offer shall be paid from pro-ceeds of Refunding Bonds and anyother funds of the City available forthe purpose. The Director ofFinance is authorized to retain theservices of one or more firms toserve as dealer manager, depositoryand information agent in connectionwith any Tender Offer and to paythe fees and expenses of those firmsfrom proceeds of Refunding Bondsor other funds of the City availablefor the purpose; provided the Direc-tor of Finance determines that thefirms so retained possess the requi-site resources and experience to pro-vide the services required of themand that the terms on which the des-ignated parties have agreed to pro-vide such services are fair and com-mercially reasonable. The Directorof Finance is authorized to preparedisclosure documents relating to theterms and conditions of the TenderOffer and containing informationabout the City and the WaterworksSystem and to authorize the use anddistribution of those disclosure doc-uments.

Section 11. Authorization of Hedg-ing Arrangements.

This Council finds that by engag-ing in interest rate hedgingarrangements with respect to Bondsthe City may reduce its cost of bor-rowing by optimizing the relativeamounts of its fixed and variablerate obligations or minimizing therisk of variations in its debt servicecosts or obtaining savings by con-firming rates of interest on Bondsin advance of their issuance. To per-mit the City to have the flexibility

to undertake with respect to Bondsinterest rate swap, swaption, ratecap, rate collar and other hedgingtransactions, from time to time, andto establish the procedures forapproving those transactions, thisCouncil authorizes the signing anddelivery of one or more agreements,including amendments or supple-ments to existing agreements (each,a “Hedge Agreement”), and anyrelated agreements necessary forthe consummation of the transac-tions contemplated by each HedgeAgreement. The authorizations inthis Section are supplemental to andnot in derogation of any authorityprovided by any other ordinance ofthis Council concerning hedgingarrangements.

Upon the determination of theDirector of Finance, based on thewritten advice of a Financial Advi-sor, that it is to the financial advan-tage of the City and in the City’sbest interests that a hedgingarrangement be undertaken by theCity with respect to any Bondsissued or to be issued under theIndenture, the Director of Financemay authorize one or more interestrate hedge transactions in accor-dance with the applicable HedgeAgreement; provided that (a) thecounterparty shall be rated at thetime of signing the Hedge Agree-ment not lower than “A” by at leastone rating agency or its obligationsunder the Hedge Agreement shall beguaranteed or insured by an entityrated at the time of signing theHedge Agreement not lower than“A” by at least one rating agency,with such rating in either casedetermined without regard to a gra-dation by numerical or plus orminus or other modifier and (b) theterm of each hedge transaction shallnot exceed the final maturity of theBonds to which the hedge relates.

The Director of Finance shallnegotiate the terms of each HedgeAgreement with a counterparty sat-isfying the credit criteria in thisOrdinance. The City shall receive awritten opinion of a Financial Advi-sor that the payments to be madeby the counterparty to the City, orby the City to the counterparty,shall be fair value for the HedgeAgreement, considering, amongother things, the credit of the Cityand the counterparty and the termsand conditions of the Hedge Agree-ment. The Director of Finance shalldetermine the terms and conditionsof the Hedge Agreement, includingwithout limitation, the rates to bepaid by the counterparty to the Cityand by the City to the counterpartyunder the Hedge Agreement, thetime or times and procedures for theexercise by the counterparty or theCity, as the case may be, of anyoption under the Hedge Agreement,and whether the obligations of theCity under the Hedge Agreementshall be secured by a Credit SupportInstrument. The approval of eachinterest rate hedge transaction bythe Director of Finance shall be con-clusively evidenced by the signingand delivery of the applicableHedge Agreement by the Director ofFinance.

The Director of Finance is autho-rized to terminate any Hedge Agree-ments in whole or in part or anyCredit Support Instrument securinga Hedge Agreement if the Directorof Finance determines, based on the


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written advice of a Financial Advi-sor, that the City’s best interestswill be served by such termination.The Director of Finance is furtherauthorized to enter into amend-ments, novations, assignments ormodifications of a Hedge Agreementor any Credit Support Instrumentsecuring a Hedge Agreement deter-mined by the Director of Finance,based on the written advice of aFinancial Advisor, that the City’sbest interests will be served by suchamendment or modification.

The City’s obligations under anyHedge Agreement shall be payablefrom the Net Revenues of the Utili-ty and may be payable also fromother funds permitted by law to beused for the purpose, as identifiedby the Director of Finance in theHedge Agreement. Those paymentsmay be secured by a pledge of NetRevenues that may be subordinateto the pledge of Net Revenues forthe Bonds, to the extent permittedby the Indenture, all as determinedby the Director of Finance and setforth in the Hedge Agreement. Theobligation of the City to make pay-ments under any Hedge Agreementdoes not and shall not represent orconstitute a general obligation, debt,bonded indebtedness or a pledge ofthe faith and credit of the City orthe State of Ohio. Nothing gives anyparty to any Hedge Agreement theright to have excises, ad valorem orother taxes levied by the City or theState of Ohio for the payment of anyamounts due under any HedgeAgreement.

Section 12. Covenants of the City.The City, by issuance of each

Series of Refunding Bonds,covenants and agrees with the Hold-ers of that Series of RefundingBonds, that:

(a) The City will use the proceedsof the Refunding Bonds for the pur-poses specified in Section 2.

(b) The Clerk, or other appropri-ate officer of the City, will furnishto the Original Purchasers and tothe Trustee a true transcript of pro-ceedings, certified by the Clerk orother officer, of all proceedings hadwith reference to the issuance of theRefunding Bonds, together withinformation from the City’s recordsas is necessary to determine the reg-ularity and validity of the issuanceof the Refunding Bonds.

(c) The City will, at any and alltimes, cause to be done all such fur-ther acts and things and cause to besigned and delivered all furtherinstruments as may be necessary tocarry out the purpose of the Refund-ing Bonds and this Ordinance or asmay be required by Article XVIII ofthe Constitution of Ohio or the Char-ter of the City or the Indenture orthe applicable Supplemental Inden-ture and will comply with allrequirements of law applicable tothe Waterworks System and theoperation thereof.

(d) The City will observe and per-form all its agreements and obliga-tions provided for in the RefundingBonds, this Ordinance, the Indentureand each Supplemental Indenture.All of the obligations under thisOrdinance and the Indenture andeach Supplemental Indenture arehereby established as duties specif-ically enjoined by law and resultingfrom an office, trust or station uponthe City within the meaning of Sec-tion 2731.01, Ohio Revised Code.

(e) The City will use, and willrestrict the use and investment of,the proceeds of the RefundingBonds that are issued as Tax-Exempt Obligations in such mannerand to such extent as may be nec-essary so that (a) the RefundingBonds will not (i) constitute privateactivity bonds, arbitrage bonds orhedge bonds under Sections 141, 148or 149 of the Code or (ii) be treat-ed other than as bonds to which Sec-tion 103(a) of the Code applies, and(b) the interest thereon will not betreated as an item of tax preferenceunder Section 57 of the Code.

(f) The City covenants that (a) itwill take or cause to be taken suchactions that may be required of itfor the interest on the RefundingBonds that are issued as Tax-Exempt Obligations to be and toremain excluded from gross incomefor federal income tax purposes, (b)it will not take or authorize to betaken any actions that wouldadversely affect that exclusion, and(c) it, or persons acting for it, will,among other acts of compliance, (i)apply the proceeds of the RefundingBonds to the governmental purposeof the borrowing, (ii) restrict theyield on investment propertyacquired with those proceeds, (iii)make timely rebate payments to thefederal government, (iv) maintainbooks and records and make calcu-lations and reports, and (v) refrainfrom certain uses of proceeds, and,as applicable, of property financedwith such proceeds, all in such man-ner and to the extent necessary toassure such exclusion of that inter-est under the Code.

Each covenant made in this sec-tion with respect to the RefundingBonds is also made with respect toall issues for which any portion ofthe debt service is paid from pro-ceeds of the Refunding Bonds (and,if different, the original issue andany refunding issues in a Series ofrefundings), to the extent such com-pliance is necessary to assure exclu-sion of interest on the RefundingBonds that are issued as Tax-Exempt Obligations from grossincome for federal income tax pur-poses, and the Director of Finance,or any other officer having respon-sibility with respect to the Refund-ing Bonds, is authorized to takesuch actions with respect to thoseissues as they are authorized in thissection to take with respect to theRefunding Bonds.

The Mayor, the Director ofFinance or any other officer of theCity, as appropriate under the Char-ter, is authorized (a) to make oreffect any election, selection, desig-nation, choice, consent, approval orwaiver on behalf of the City withrespect to the Refunding Bonds asthe City is permitted or required tomake or give under the federalincome tax laws, including, withoutlimitation, any of the electionsavailable under Section 148 of theCode, for the purpose of assuring,enhancing or protecting the favor-able tax treatment or status of theRefunding Bonds that are issued asTax-Exempt Obligations or interestthereon or assisting compliancewith requirements for that purpose,reducing the burden or expense ofcompliance, reducing the rebateamount or payments or penalties, ormaking payments of special

amounts in lieu of making compu-tations to determine, or paying,excess earnings as rebate, or obvi-ating those amount or payments, asdetermined by that officer, (b) totake any and all other actions, makeor obtain calculations, make pay-ments, and make or give reports,covenants and certifications of andon behalf of the City, as may beappropriate to assure the exclusionof interest from gross income andthe intended tax status of theRefunding Bonds that are issued asTax-Exempt Obligations, and (c) togive one or more appropriate cer-tificates of the City, for inclusion inthe transcript of proceedings for theRefunding Bonds, setting forth thereasonable expectations of the Cityregarding the amount and use of allthe proceeds of the RefundingBonds, the facts, circumstances andestimates on which they are based,and other facts and circumstancesrelevant to the tax treatment or sta-tus of the Refunding Bonds andinterest thereon.

If the Director of Finance deter-mines, based on the written adviceof a Financial Advisor, and so spec-ifies in the Certificate of Awardthat the best interests of the Citywould be served by issuing a Seriesof Refunding Bonds as TaxableObligations, then the tax-relatedcovenants in this Section shall notapply to or be required to be madewith respect to the Refunding Bondsof that Series.

Section 13. Ratings; CreditEnhancement.

If, in the judgment of the Direc-tor of Finance, based on the writtenadvice of a Financial Advisor, thefiling of an application for a ratingon one or more Series of Outstand-ing Revenue Bonds or RefundingBonds by one or more nationally rec-ognized rating agencies is in thebest interests of the City, the Direc-tor of Finance is authorized to pre-pare and submit those applicationsand to provide to each such agencysuch information as may be requiredfor the purpose. The Director ofFinance is authorized to contract forone or more Credit Support Instru-ments for any Series of OutstandingRevenue Bonds or Refunding Bondsor designated portions thereof if theDirector determines, based on thewritten advice of a Financial Advi-sor, that the Credit Support Instru-ments will result in debt servicesavings to the City, or will stabilizeinterest rates on those Bonds or willminimize the risk of increased inter-est expense on those Bonds. TheDirector of Finance is further autho-rized to terminate any such contractif the Director of Finance deter-mines, based on the written adviceof a Financial Advisor, that theCity’s best interests will be servedby such termination. The cost ofobtaining each rating and the costof obtaining or terminating eachCredit Support Instrument, except tothe extent paid by the Original Pur-chasers in accordance with the BondPurchase Agreement, shall be paidfrom the proceeds of RefundingBonds or funds of the Water Divi-sion, which are appropriated forthat purpose.

Section 14. Official Statements;Continuing Disclosure.

The Mayor, the Director ofFinance, the Director of Public Util-ities, the Commissioner of Water, or


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other City officials, as appropriateunder the Charter, each is autho-rized, on behalf of the City and intheir official capacities, to (i) pre-pare or cause to be prepared, andmake or authorize modifications,completions or changes of or sup-plements to, disclosure documents inthe form of a preliminary officialstatement relating to the issuance ofRefunding Bonds of one or moreSeries, and (ii) determine, and cer-tify or otherwise represent, wheneach preliminary official statementas so prepared is a “deemed final”official statement (except for per-mitted omissions) by the City as ofits date for purposes of Securitiesand Exchange Commission (“SEC”)Rule 15c2-12(b)(1). The distributionand use of one or more preliminaryofficial statements are authorizedand approved.

Those officers and each of themare also authorized, on behalf of theCity and in their official capacities,as appropriate under the Charter, tocomplete each preliminary officialstatement with such modifications,changes and supplements as thoseofficers shall approve or authorizefor the purpose of preparing anddetermining, and to certify or oth-erwise represent, that the officialstatement as so revised is a finalofficial statement for purposes ofSEC Rule 15c2-12(b) (3) and (4).Those officers each are furtherauthorized to use and distribute, orauthorize the use and distributionof, one or more final official state-ments and supplements thereto inconnection with the originalissuance of each Series of Refund-ing Bonds as may, in their judg-ment, be necessary or appropriate.Those officers each are furtherauthorized to sign and deliver, onbehalf of the City and in their offi-cial capacities, each final officialstatement and such certificatesregarding the accuracy of each pre-liminary official statement and eachfinal official statement and anyamendments thereto as may, in theirjudgment, also be necessary orappropriate. The Director of Financeis authorized to contract for servicesfor the production and distributionof preliminary and final officialstatements, including by printed andelectronic means.

For the benefit of the holders andbeneficial owners from time to timeof each Series of Refunding Bonds,the City agrees, in accordance with,and as an obligated person withrespect to the Refunding Bondsunder, SEC Rule 15c2 12, to provideor cause to be provided such finan-cial information and operating dataand notices, in such manner, as maybe required for purposes of SECRule 15c2 12. In order to describeand specify certain terms of theCity’s continuing disclosure agree-ment for that purpose, and therebyto implement that agreement,including provisions for enforce-ment, amendment and termination,the Director of Finance and theDirector of Public Utilities areauthorized to prepare, or cause to beprepared, and to sign and deliver, inthe name and on behalf of the City,a continuing disclosure agreementor certificate, which shall constitutethe continuing disclosure agreementmade by the City for the benefit ofthe holders and beneficial owners ofthe Refunding Bonds of that Series

in accordance with SEC Rule 15c212. The performance of that agree-ment shall be subject to the avail-ability of funds and their annualappropriation to meet costs the Citywould be required to incur to per-form it.

Section 15. Authorization of OtherDocuments.

Each of the Mayor, the Director ofFinance, the Director of Public Util-ities and other City officials, asappropriate under the Charter, isauthorized to sign and deliver suchinstruments, certificates and docu-ments as are necessary or appropri-ate to consummate the transactionsauthorized by this Ordinance, theBond Purchase Agreements, the Sup-plemental Indentures, the Indenture,any Escrow Agreements and anyHedge Agreements.

Each of the Mayor, the Director ofFinance, the Director of Public Util-ities, the Director of Law and otherCity officials, as appropriate underthe Charter, is authorized to makethe necessary arrangements onbehalf of the City to establish thedate, location, procedure and condi-tions for the delivery of each Seriesof Refunding Bonds to the OriginalPurchasers and to take all actionsnecessary to effect due signing,authentication and delivery of eachSeries of Refunding Bonds under theterms of this Ordinance, the Supple-mental Indentures, the Bond Pur-chase Agreements and the Inden-ture. The Clerk of Council or otherappropriate official of the City shallfurnish the Original Purchasers atrue transcript of proceedings certi-fied by the Clerk or other official,of all proceedings had with refer-ence to the issuance of each Seriesof Refunding Bonds along with suchinformation for the records as isnecessary to determine the regular-ity and validity of the issuance ofthose Refunding Bonds.

The Director of Finance is alsoauthorized, notwithstanding anyother previously imposed limitationson redemption provisions for suchOutstanding Revenue Bonds, toenter into agreements with anyholder of any Outstanding RevenueBonds to extend, in consideration ofpayment, the earliest optionalredemption date of those Bonds, pro-vided that the Director of Financereceives written advice of a Finan-cial Advisor that the considerationbeing received by the City fairlycompensates the City for such exten-sion of the redemption date. Anyamounts received with respect tosuch extensions shall be depositedin the Additions and ImprovementsFund.

Section 16. Lien of Pledge.The Net Revenues of the Utility

are subject to the lien of the pledgeunder the Indenture without anyphysical delivery of the Net Rev-enues or further act, and the lien ofsuch pledge is valid and bindingagainst all parties having claims ofany kind against the City (irre-spective of whether such partieshave notice of such pledge and cre-ate a perfected security interest forall purposes of Chapter 1309, OhioRevised Code) without the necessi-ty for separation of delivery of theNet Revenues or for the filing orrecording of the Indenture or anyother resolution or instrument bywhich such pledge is created or any

certificate, statement or other docu-ment with respect to such pledge.The pledge of the Net Revenuesunder the Indenture shall be effec-tive and the money therefrom andthereof may be applied to the pur-poses for which pledged withoutnecessity for any further act ofappropriation.

Section 17. Other Provisions forPayment of Outstanding RevenueBonds.

The City may, from time to time,deposit legally available funds,other than the proceeds of Bondsissued for that purpose, in trustwith the Trustee under the Inden-ture or an Escrow Agreement forthe payment of debt service require-ments on any Outstanding RevenueBonds if, in the judgment of theDirector of Finance and the Direc-tor of Public Utilities, based on thewritten advice of a Financial Advi-sor, doing so will improve the debtservice coverage ratio of the Water-works System (being the ratio ofNet Revenues to Annual Debt Ser-vice Requirements, as defined in theIndenture). The Director of Financeis authorized to make such deposits,from time to time, from moneys inthe Additions and ImprovementsFund under the Indenture (Fund No.52-300 of the Water Division), withthe actual amount of any deposit tobe determined by the Director ofFinance in consultation with theDirector of Public Utilities. In orderto cause any amounts so depositedto be dedicated and applied solely tothe payment of the principal of andinterest and any redemption premi-um on the designated OutstandingRevenue Bonds, as and when due atmaturity or upon prior redemption,the Mayor, the Director of Financeand the Director of Public Utilities,or any two of them, are authorized,in the name and on behalf of theCity, to sign and deliver one or moreEscrow Agreements approved as toform and correctness by the Direc-tor of Law, providing for the estab-lishment of an Escrow Fund as atrust fund in the custody of theTrustee and the investment, dedica-tion and application of the moneysdeposited therein and further pro-viding for the payment to theTrustee of fees and expenses for itsperformance of its duties under theEscrow Agreement. The officerssigning the Escrow Agreement onbehalf of the City shall determinethat the agreement satisfies therequirements of this Section, andthat determination shall be conclu-sively evidenced by the signing ofthe Escrow Agreement by those offi-cers. The Mayor, the Director ofFinance and the Director of PublicUtilities, or any two of them, areauthorized, in the name and onbehalf of the City, to sign and deliv-er agreements, approved as to formand correctness by the Director ofLaw, with one or more institutions,including agreements which willenable the City to more efficientlystructure any escrow funds estab-lished pursuant to this Section, andthereby maximize debt service sav-ings and minimize negative arbi-trage. The Director of Finance isauthorized to take such otheractions as may be necessary orappropriate to accomplish any defea-sance of the designated OutstandingRevenue Bonds to be paid from any


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escrow fund, including without lim-itation, the retention of a firm ofindependent certified public accoun-tants to verify that the securities tobe deposited in escrow are of suchmaturities or redemption dates, andinterest payment dates, and bearsuch interest, as will be sufficient,together with any available moneys,for the payment of debt service onthe designated Outstanding RevenueBonds.

Section 18. Financial Advisors andConsultants.

The Director of Finance mayobtain the services of one or moreFinancial Advisors, from time totime, to assist the Director ofFinance in making any of the deter-minations required by this Ordi-nance to be determined by the Direc-tor of Finance or to negotiate anyHedge Agreements. The Director ofFinance may rely on the writtenadvice of any Financial Advisor soretained. The Director of Financemay obtain the services of one ormore feasibility consultants, fromtime to time, to provide reports inconnection with the issuance andsale of any Refunding Bonds or thedelivery of any Hedge Agreementsconcerning the utilization and oper-ation of the Utility, debt service cov-erage, rates and charges or othermatters. Any Financial Advisor orconsultant employed under theauthority of this Ordinance shall bedisinterested in the transaction andbe independent of the underwritersor counterparties and any otherparty interested in the transaction.

Section 19. Appointment of Suc-cessor Trustee.

The Director of Finance is autho-rized to appoint a successor Trusteein the event that the currentTrustee, U.S. Bank National Associ-ation, shall resign or be removed, orbe dissolved or otherwise becomeincapable of acting as Trusteeunder the Indenture, or in case itshall be taken under the control ofany public officer or officers or ofa receiver appointed by a court, inaccordance with the provisions ofSection 6.05 of the Original Inden-ture.

Section 20. Captions, Headings,and Section References.

The captions and headings in thisOrdinance are solely for convenienceof reference and in no way define,limit, or describe the scope or intentof any Sections, subsections, para-graphs, subparagraphs, or clauseshereof. Reference to a Sectionmeans a section of this Ordinanceunless otherwise indicated.

Section 21. Severability.Each section of this Ordinance

and each subdivision or paragraphof any section is hereby declared tobe independent and the finding orholding of any section or any sub-division or paragraph of any sectionto be invalid or void shall not bedeemed or held to affect the validi-ty of any other section, subdivisionor paragraph of this Ordinance.

Section 22. Interpretation.Any provisions of the Codified

Ordinances of the City which areinconsistent with the provisions ofthis Ordinance shall not apply to theRefunding Bonds or matters autho-rized herein. Nothing in this Ordi-nance is intended to, and no provi-sion hereof shall be applied in anymanner as would, impair the oblig-ation of contract of the City with

respect to any outstanding bonds,certificates of indebtedness, otherobligations, indentures or otheragreements or contracts made orentered into by the City.

Section 23. Validity.This Council finds and determines

that this Ordinance was passed incompliance with all applicable pro-visions of the City’s Charter and therules of this Council. This Councilfurther finds and determines that allacts and conditions necessary to bedone or performed by the City or tohave been met precedent to and inthe issuing of the Refunding Bondsin order to make them legal, valid,and binding special obligations ofthe City have been performed andhave been met, or will at the timeof delivery of the Refunding Bondshave been performed and have beenmet, in regular and due form asrequired by law, and that no limi-tation of indebtedness or taxation,either statutory or constitutional, isapplicable to the issuance of theRefunding Bonds.

Section 24. Compliance with OpenMeeting Requirements.

This Council finds and determinesthat all formal actions of this Coun-cil and any of its committees con-cerning and relating to the passageof this Ordinance were taken in anopen meeting of this Council or com-mittees, and that all deliberations ofthis Council and any of its commit-tees that resulted in those formalactions were in meetings open to thepublic, all in compliance with thelaw.

Section 25. Sunset of Authoriza-tion.

The authority granted by Section2 of this Ordinance to issue Refund-ing Bonds shall expire three yearsfrom the effective date of this Ordi-nance. If a preliminary officialstatement with respect to theRefunding Bonds is distributedunder the authority of this Ordi-nance at any time within the three-year period following its effectivedate, then the authority granted bySection 2 of this Ordinance shall notexpire as to those Refunding Bonds.The Director of Finance shall noti-fy the Chairman of the FinanceCommittee and the Clerk of thisCouncil of the initiation of theissuance of any Refunding Bondsunder the authority of this Ordi-nance.

Section 26. Emergency.This Ordinance is hereby declared

to be an emergency measure and,provided it receives the affirmativevote of two-thirds of all memberselected to Council, it shall takeeffect and be in force immediatelyupon its passage and approval bythe Mayor; otherwise it shall takeeffect and be in force from and afterthe earliest period allowed by law.

Referred to Directors of Finance,Law; Committee on Finance.



ing the issuance and sale of one ormore series of subordinate lienincome tax refunding bonds torefund currently outstanding gener-al obligation and subordinate lienincome tax bonds of the city toobtain debt service savings orrestructure the city’s outstandingdebt and authorizing and approvingrelated matters.

Whereas, the City has from timeto time issued general obligationbonds in various series that are cur-rently outstanding in the aggregateprincipal amount of $211,400,000 andissued subordinate lien income taxbonds in various series and sub-series that are currently outstand-ing in the aggregate principalamount of $296,285,000; and

Whereas, this Council has deter-mined to authorize the City to issuefrom time to time one or more seriesof Refunding Bonds (as defined inSection 1) for the purpose of obtain-ing debt service savings or restruc-turing the City’s outstanding debtwith respect to any currently out-standing general obligation and sub-ordinate lien income tax bonds ofthe City; and

Whereas, the Refunding Bondsshall be payable from and securedby income tax revenues of the Cityremaining after deposits requiredunder the General Bond Ordinance(as defined in Section 2) are madeto the escrow agent for the City’sgeneral obligation bonds; and

Whereas, the Director of Finance,as fiscal officer of this City, has pre-viously certified to this Council thatthe estimated life or usefulness ofeach of the Projects (as definedbelow) was, at the time the originalBonds for each Project were issued,at least five years, and that themaximum maturity of that portionof the Refunding Bonds to be allo-cated to each of the Projectsfinanced by the original Bonds to berefunded is December 31 of theyears determined by the Director ofFinance for each Project based oneach Project’s estimated life or use-fulness; and

Whereas, the authorization forissuance of Refunding Bonds is nec-essary to enable the City to takeadvantage of favorable market con-ditions on a timely basis to obtaindebt service savings or to restruc-ture its outstanding debt serviceobligations and thereby to protectand preserve the credit of the City,and as a result, this Ordinance con-stitutes an emergency measure pro-viding for the immediate preserva-tion of the public peace, property,health and safety, and for the usualdaily operation of a municipaldepartment; now, therefore,


Section 1. Purpose. One or moreseries of subordinate lien incometax bonds of the City (“RefundingBonds”) are authorized to be issuedfrom time to time for the purpose ofrefunding one or more series of theCity’s outstanding general obliga-tion bonds and subordinate lienincome tax bonds, or designatedmaturities thereof, issued to providefunds to pay costs of various pro-jects of the City (the “Projects”) andidentified in the Certificate ofAward authorized in Section 4(“Refunded Bonds”), including thepayment of any expenses relating tothe refunding of the RefundedBonds and the issuance of theRefunding Bonds, including anyfinancing costs within the meaningof Revised Code Section 133.01(K),provided that either the aggregatenet present value debt service sav-ings resulting from the refunding ofthe Refunded Bonds is not less than3% or the Refunding Bonds areissued to restructure outstanding


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debt of the City, as determined bythe Director of Finance and speci-fied in the Certificate of Award,based on the written advice of aFinancial Advisor to be in the bestinterest of the City.

The aggregate principal amountof each respective series of Refund-ing Bonds to be issued under thisOrdinance shall be in an amountdetermined by the Director ofFinance and set forth in the Cer-tificate of Award as the amountrequired to be issued, taking intoaccount any original issue discountand/or original issue premium onthe sale of the Refunding Bonds, inorder to refund the Refunded Bondsand pay any expenses relating tothe refunding of the RefundedBonds and the issuance of theRefunding Bonds. The RefundingBonds may be issued in one or moreseparate series, each bearing a dis-tinctive designation, provided thatthe Refunding Bonds of each seriessatisfy the requirements of thisOrdinance and either the aggregatenet present value debt service sav-ings to the City resulting from eachseries of Refunding Bonds is notless than three 3% or the Refund-ing Bonds are issued to restructureoutstanding debt of the City, asdetermined to be necessary by theDirector of Finance and specified inthe Certificate of Award, based onthe written advice of a FinancialAdvisor to be in the best interestsof the City. Separate series ofRefunding Bonds may be issued atthe same or different times. TheRefunding Bonds of each seriesshall be designated as provided inthe applicable Certificate of Award.A separate Certificate of Awardmay be delivered for each series.

Section 2. Authority, Security andSource of Payment. The RefundingBonds shall be issued pursuant tothe Ohio Constitution, Chapter 133 ofthe Ohio Revised Code, the Charterof the City, and this Ordinance forthe purpose stated in Section 1. TheRefunding Bonds shall be payablefrom and secured by the income taxrevenues of the City on a basis sub-ordinate to the security given to theGeneral Obligation Bonds of theCity (“General Obligation Bonds”)under Ordinance No. 1749-80 passedby the Council on October 8, 1980, asamended by Ordinance No. 1112-83passed by the Council on May 6,1983, and Ordinance No. 944-96,passed by the Council on June 10,1996 (Ordinance No. 1749-80, as soamended and as the same may fur-ther be amended from time to timein accordance with its provisions, isreferred to as the “General BondOrdinance”). The debt service on theRefunding Bonds shall be payablefrom income tax collections remain-ing after depositing with the escrowagent under the General Bond Ordi-nance the amount required for thepayment of debt service on theCity’s General Obligation Bondsissued and outstanding, from time totime, under the General Bond Ordi-nance. The Refunding Bonds shallbe issued and secured under theterms of the Trust Indenture, datedas of April 1, 2008, between the Cityand U.S. Bank National Association,as trustee (the “Trustee”), as amend-ed by Section 6.1 of the Second Sup-plemental Trust Indenture, dated asof June 1, 2010, between the Cityand the Trustee (together, the

“Indenture”). The Indenture current-ly secures three series of Subordi-nate Lien Income Tax Bonds issuedon June 23, 2010 (collectively, the“Series 2010 Bonds”), one series ofSubordinate Lien Income Tax Bondsissued on November 29, 2012 (the“Series 2012 Bonds”), three series ofSubordinate Lien Income Tax Bondsissued on May 30, 2013 (collectively,the “Series 2013 Bonds”), three seriesof Subordinate Lien Income TaxBonds issued on February 11, 2014(collectively, the “Series 2014ABonds”), three series of SubordinateLien Income Tax Bonds issued onJune 11, 2014 (collectively, the“Series 2014B Bonds”), four series ofSubordinate Lien Income Tax Bondsissued on April 9, 2015 (collectively,the “Series 2015A Bonds”), fiveseries of Subordinate Lien IncomeTax Refunding Bonds issued on Sep-tember 16, 2015 (collectively, the“Series 2015B Bonds”), five series ofSubordinate Lien Income Tax Bondsissued on June 13, 2017 (collective-ly, the “Series 2017A Bonds”) andtwo series of Subordinate LienIncome Tax Refunding Bonds issuedon December 28, 2017 (collectively,the “Series 2017B Bonds”), and per-mits the issuance of additionalbonds, from time to time, subject tocertain restrictions. The Series 2008Bonds, the Series 2010 Bonds, theSeries 2012 Bonds, the Series 2013Bonds, the Series 2014A Bonds, theSeries 2014B Bonds, the Series 2015ABonds, the Series 2015B Bonds, theSeries 2017A Bonds, the Series 2017BBonds, the Series 2018 Bonds andany additional bonds issued underthe Indenture are collectivelyreferred to in this Ordinance as the“Bonds.”

Section 3. Terms. The RefundingBonds may be issued in one or moreseries or subseries. The RefundingBonds of each series shall be issuedin one lot as fully registered bondsin denominations of $5,000 or anyintegral multiple thereof. TheRefunding Bonds may be deliveredonly in book-entry form, and if sodelivered, shall be registered in thename of the Depository (as definedin the Indenture) or its nominee, asregistered owner, and immobilizedin the custody of the Depository,and shall not be transferable orexchangeable (except for transfer toanother Depository or its nominee)without further action by the Citypursuant to the provisions of theIndenture and the SupplementalIndenture (as identified in Section8). The Refunding Bonds shall bearthe designation and be numbered asdetermined by the Director ofFinance and specified in the Cer-tificate of Award. The RefundingBonds shall be issuable as eitherbonds the interest on which is (i)excluded from gross income for fed-eral income tax purposes (the “Tax-Exempt Refunding Bonds”), or (ii)included as gross income for feder-al income tax purposes (the “Tax-able Refunding Bonds”). The Direc-tor of Finance shall determine thestatus of any series of RefundingBonds as Tax-Exempt RefundingBonds or as Taxable RefundingBonds (the “Tax Status”), and shalldesignate the applicable series ofRefunding Bonds as such in the Cer-tificate of Award. The RefundingBonds shall be signed by the offi-cials of the City and in the mannerset forth in the Indenture.

The Refunding Bonds shall bedated the date and shall bear inter-est at the rate or rates per yearspecified in the Certificate ofAward, provided the weighted aver-age of such rates per series ofRefunding Bonds (taking intoaccount the principal amount andmaturity of each Refunding Bond towhich a rate applies) shall notexceed 8% per year as to RefundingBonds of any series that are Tax-Exempt Refunding Bonds or 10%per year as to Refunding Bonds ofany series that are Taxable Refund-ing Bonds. Interest on the Refund-ing Bonds shall be payable whendue, or until the principal amount ispaid, semiannually as specified inthe Certificate of Award as thedates on which interest on theRefunding Bonds shall be payable(the “Interest Payment Dates”),beginning on the date specified inthe Certificate of Award as the firstInterest Payment Date.

The Refunding Bonds shallmature in the years and principalamounts as shall be permitted bylaw and determined by the Directorof Finance and specified in the Cer-tificate of Award, based on (i) thewritten advice of a Financial Advi-sor to be in the best interests of theCity given market conditions at thetime the Refunding Bonds are soldand (ii) the objectives of the planof refunding to either obtain aggre-gate net present value debt servicesavings of not less than 3% orrestructure outstanding debt of theCity.

The Director of Finance also shalldetermine and certify, on or prior tothe date of delivery of the Refund-ing Bonds to the Original Purchas-er, that portion of the aggregateprincipal amount of the RefundingBonds that is allocable to each Pro-ject, and the principal amount ofRefunding Bonds allocated to eachProject that shall be payable at stat-ed maturity or pursuant to Manda-tory Sinking Fund RedemptionRequirements (as defined below) onthe applicable principal paymentdates; provided, that (i) the aggre-gate principal amount of theRefunding Bonds allocable to a Pro-ject shall be determined by theDirector of Finance on a pro ratabasis by reference to the respectiveamount of funds that is required forthe refunding of the RefundedBonds that are allocable to that Pro-ject, taking into account any fundsother than the proceeds of theRefunding Bonds that are availableand appropriated for that purpose,and (ii) no portion of the aggregateprincipal amount of RefundingBonds allocated to a Project shall bepayable later than the maximummaturity for that portion of theRefunding Bonds as certified by theDirector of Finance.

The Refunding Bonds stated tomature in any year may be issuedas term bonds (the “Term Refund-ing Bonds”), payable pursuant toMandatory Sinking Fund Redemp-tion Requirements as defined andfurther described below. The Direc-tor of Finance shall determine inthe Certificate of Award whetherany of the Refunding Bonds shall beissued as Term Refunding Bonds,any dates (the “Mandatory Redemp-tion Dates”) on which the principalamount of the Term RefundingBonds shall be payable pursuant to


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mandatory sinking fund install-ments rather than at stated maturi-ty and the amount of principal to bepaid on each Mandatory RedemptionDate (the “Mandatory Sinking FundRedemption Requirements”).

The Refunding Bonds shall besubject to redemption prior to stat-ed maturity as follows:

(a) Mandatory Sinking FundRedemption. If any of the Refund-ing Bonds are issued as TermRefunding Bonds, the Term Refund-ing Bonds shall be subject tomandatory sinking fund redemptionand be redeemed pursuant to Manda-tory Sinking Fund RedemptionRequirements, at a redemption priceof 100% of the principal amountredeemed, plus interest accrued tothe redemption date, on the Manda-tory Redemption Dates.

The aggregate of the moneys tobe deposited with the Escrow Agent,currently The Huntington NationalBank, for payment of principal ofand interest on any Term Refund-ing Bonds shall include amountssufficient to redeem on the Manda-tory Redemption Dates the principalamount of Term Refunding Bondspayable on those dates pursuant tothe Mandatory Sinking FundRedemption Requirements (less theamount of any credit as provided inthe Supplemental Indenture).

(b) Optional Redemption. TheRefunding Bonds may be subject toredemption prior to maturity by andat the option of the City, in wholeor in part on any date, in whole mul-tiples of $5,000, on the optionalredemption dates and at the redemp-tion prices specified in the Certifi-cate of Award, plus, in each case,accrued interest to the redemptiondate. Based on the written advice ofa financial advisor, the Director ofFinance may determine in the Cer-tificate of Award that it is in thebest interests of the City (i) forsome or all of the Refunding Bondsnot to be callable prior to their stat-ed maturity, and (ii) for a premiumto be payable on the redemption ofany Refunding Bonds calculated ina manner to make the bondholderwhole for the loss of the investmentor calculated as a percentage inexcess of 100% of the principalamount redeemed.

If and to the extent provided inthe Certificate of Award, the Citymay have the option to purchaseany Refunding Bond which isredeemable by optional redemptionat a purchase price not less than theredemption price that would bepayable if that Refunding Bondwere called for optional redemptionon the date of the proposed pur-chase. That election shall be exer-cised as provided in the Supplemen-tal Indenture.

If and to the extent provided inthe Certificate of Award, theRefunding Bonds may be secured bya Debt Service Reserve Fund to beheld by the Trustee under the Inden-ture. The principal amount of theRefunding Bonds may include pro-vision for funding the Debt ServiceReserve Fund from the proceeds ofthe Refunding Bonds, subject tocompliance with applicable federaltax laws.

Section 4. Sale of RefundingBonds. The Refunding Bonds shallfirst be offered for purchase to theTrustees of the Sinking Fund and,if not purchased by them, shall be

offered to the Treasury InvestmentAccount for purchase and, if not pur-chased for that Account, shall besold to one or more firms that haveproposed to underwrite the Refund-ing Bonds and have been selectedby the Director of Finance based onan evaluation of the qualificationsof those firms (collectively, the“Original Purchaser”).

The Refunding Bonds shall beawarded to the Original Purchaserin the Certificate of Award whichshall specify the final terms of theRefunding Bonds in accordancewith law, the provisions of this Ordi-nance, the written advice of a finan-cial advisor retained under authori-ty of Section 12 and the OriginalPurchaser’s offer to purchase theRefunding Bonds, including: theprincipal amount of the RefundingBonds, the Tax Status of theRefunding Bonds, the purchaseprice (which shall be not less than97% of the principal amount of theRefunding Bonds plus any accruedinterest to their date of delivery),interest rate or rates, the amountsand years in which principal install-ments are payable (at stated matu-rity or pursuant to Mandatory Sink-ing Fund Redemption Require-ments), the Interest Payment Datesand the date of the RefundingBonds (if different from those setforth in Section 3), and any othermatters required in this Ordinanceto be set forth in that Certificate. Asappropriate under the Charter, theMayor, Director of Finance, Directorof Law, Clerk of Council and otherappropriate officers of the City are,and each of them is, authorized totake such actions as are necessary,appropriate and in the best interestof the City to establish the termsand requirements for delivery of theRefunding Bonds and to make sucharrangements as are necessary withthe Original Purchaser in order toestablish the date, location, proce-dure, and conditions for the deliveryof the Refunding Bonds to the Orig-inal Purchaser, to give all appropri-ate notices and certificates, to causea true transcript of proceedingswith reference to the issuance of theRefunding Bonds to be delivered tothe Original Purchaser, to sign anytranscript certificates, financialstatements and other documents andinstruments and to take suchactions as are necessary or appro-priate to consummate the transac-tions contemplated by this Ordi-nance and to take all steps neces-sary to effect the due execution,authentication and delivery of theRefunding Bonds. The Director ofFinance is further authorized tosign and deliver on behalf of theCity a bond purchase agreementbetween the City and the OriginalPurchaser (the “Bond PurchaseAgreement”), approved as to formby the Director of Law, setting forththe terms and conditions on whichthe City agrees to sell the Refund-ing Bonds and the Original Pur-chaser agrees to buy the RefundingBonds, which shall be consistentwith this Ordinance and the Inden-ture, that are not substantiallyadverse to the City, and approved bythe Director of Finance and theDirector of Law on behalf of theCity, all of which shall be conclu-sively evidenced by the signing ofthe Bond Purchase Agreement oramendments to the Bond Purchase

Agreement by the Director ofFinance. It is determined that theterms of the Refunding Bonds, asprovided in this Ordinance and asmay be provided in or pursuant tothe Certificate of Award, the Inden-ture and the Supplemental Inden-ture, are in the best interest of theCity and in compliance with alllegal requirements.

Section 5. Escrow Agreement. TheDirector of Finance is authorized tosign and deliver, in the name andon behalf of the Issuer, an agree-ment (the “Escrow Agreement”)between the City and the EscrowAgent, providing for the investmentand holding in escrow of the pro-ceeds of the Refunding Bonds to beapplied to the refunding of theRefunded Bonds and for the appli-cation of the moneys derived fromsuch investments, in accordancewith the General Bond Ordinanceand this Ordinance and as otherwisedirected by law. Notice of theadvance refunding of any of theRefunded Bonds and any directionfor the redemption of RefundedBonds prior to stated maturity shallbe given in accordance with theterms of the Refunded Bonds and asfurther provided in the EscrowAgreement. The Refunded Bondsshall be retired at stated maturityor redeemed prior to maturity asprovided in the Certificate of Awardand in accordance with the ordi-nance authorizing the respectiveRefunded Bonds and the EscrowAgreement. The Director of Financeshall provide for the payment of theservices rendered and for reim-bursement of expenses incurred pur-suant to the Escrow Agreementfrom money lawfully available andappropriated or to be appropriatedfor that purpose. The Director ofFinance is authorized to obtain theservices of an independent account-ing firm of national reputation toprovide a verification report as tothe adequacy of the escrow fund topay the Refunded Bonds on thedates set forth in the Escrow Agree-ment. The Director of Finance andother appropriate City officials shallexecute all documents and take allother actions necessary or appropri-ate on the part of the City to effectthe refunding of the RefundedBonds in accordance with the Gen-eral Bond Ordinance and this Ordi-nance and as otherwise directed bylaw, and to cause the RefundedBonds to be deemed paid and dis-charged.

If U.S. Treasury Securities Stateand Local Government Series are tobe purchased for the Escrow Fund,the Escrow Agent is authorized tofile, on behalf of the City, subscrip-tions for the purchase and issuanceof those Securities. If those Securi-ties are not timely available for pur-chase, or if in the judgment of theDirector of Finance, an open-marketpurchase of direct obligations of theUnited States of America for theEscrow Fund is in the best interestof and financially advantageous tothe City, the Director of Financemay purchase and deliver thoseobligations, engage the services ofa bidding agent or similar entity forthe purpose of facilitating the bid-ding, purchase and delivery of suchobligations for, and any relatedstructuring of, the Escrow Fund,execute such instruments as aredeemed necessary to engage such


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services for such purpose, and pro-vide further for the payment of thecost of obtaining such services fromthe proceeds of the RefundingBonds to the extent available andotherwise from any other funds law-fully available and that are appro-priated or shall be appropriated forthat purpose.

Section 6. Pledge and Covenant toMaintain Income Tax. So long asBonds are outstanding under theIndenture, the City pledges themunicipal income taxes of the Cityand grants a lien thereon, subordi-nate to the lien granted in the Gen-eral Bond Ordinance as security forthe General Obligation Bonds of theCity issued and outstanding underthe General Bond Ordinance, to thefull extent required to meet debtcharges payable on the Bondsissued and outstanding, from time totime, under the Indenture. The Citycovenants to appropriate annuallysufficient amounts from the incometaxes to pay all debt charges on theGeneral Obligation Bonds, the Bondsoutstanding under the Indenture,any Parity Obligations and theUnrestricted Income Tax Obliga-tions (each as defined in the Inden-ture). The City further covenantsthat so long as any Bonds are out-standing under the Indenture, theCity shall not repeal or amend, orsuffer the repeal of, any ordinancefor the levy or collection of itsincome taxes in any manner or tosuch extent that the City would notbe able to meet its obligations to theholders of the Bonds.

Section 7. Defeasance.(a) Release of Ordinance. If the

City shall pay or cause to be paidand discharged all the outstandingRefunding Bonds, or there shall oth-erwise be paid to the holders of theoutstanding Refunding Bonds alldebt charges due or to become duethereon, and provision shall also bemade for paying all other sumspayable hereunder, then and in thatevent this Ordinance (except forSection 7(b) hereof) shall cease tobe of further effect, and thecovenants, agreements and otherobligations of the City under thisOrdinance shall be discharged andsatisfied, and thereupon the Trusteeshall at the request of the City exe-cute and deliver to the City suchinstruments in writing as shall dis-charge the lien hereof and enter onthe record such discharge of the lienand such other instruments as maybe reasonably required by the City.

(b) Payment and Discharge ofRefunding Bonds. OutstandingRefunding Bonds shall be deemed tohave been paid and discharged with-in the meaning of this Ordinance,including without limitation, Section8(a) hereof, if:

(i) the Escrow Agent or PayingAgent shall hold in special accountsor sub-accounts, in trust for andirrevocably committed solely there-to, sufficient moneys; or

(ii) the Escrow Agent shall holdin special accounts or sub-accounts,in trust for and irrevocably commit-ted solely thereto, direct obligationsof the United States certified by anindependent public accounting firmof national reputation to be of suchmaturities and interest paymentdates and to bear such interest,without further investment or rein-vestment of either the principal

amount thereof or the interest earn-ings therefrom (likewise to be heldin trust and committed, except ashereinafter provided), as will be suf-ficient, together with moneysreferred to in (i) above, for the pay-ment, at their maturities or redemp-tion dates, of all debt charges on theRefunding Bonds to their date ofmaturity or redemption, as the casemay be, or if default in such pay-ment shall have occurred on suchdate then to the date of the tenderof such payment; provided, that ifany Refunding Bonds are to beredeemed prior to the maturitythereof, notice of such redemptionshall have been duly given or irrev-ocable provision satisfactory to theTrustee shall have been duly madefor the giving of such notice. Anymoneys held by the Escrow Agentin accordance with the provisions ofthis Section shall be invested by theEscrow Agent in direct obligationsof the United States of Americamaturing, or redeemable at theoption of the holder, at times and inamounts sufficient to meet paymentof debt charges on the RefundingBonds, as directed by the Directorof Finance. Any income or interestearned by, or increment to, theinvestments held under this Sectionshall, to the extent determined fromtime to time by the Escrow Agentto be in excess of the amountrequired to be held by it for the pur-poses of this Section, be transferredat the time of such determination asprovided in Section 17(a) of the Gen-eral Bond Ordinance for unclaimedfunds held by a Paying Agent. Inthe event of nonpresentment of anyRefunding Bond as described in Sec-tion 17(a) of the General Bond Ordi-nance, the moneys held pursuant tothis Section shall be held and paidas provided in said Section 17(a) forunclaimed funds held by a PayingAgent.

Section 8. Supplemental Indenture.The Director of Finance is autho-rized to sign and deliver on behalfof the City a supplemental trustindenture (the “Supplemental Inden-ture”), supplementing the Indentureto provide procedures for theauthentication, registration andtransfer of the Refunding Bonds,redemption of Refunding Bonds,payments under any Credit SupportInstrument authorized by Section 11,application of the proceeds of theRefunding Bonds, defeasance of theRefunding Bonds, and other termsconsistent with this Ordinance andthe Certificate of Award andapproved by the Director of Financeas not substantially adverse to theCity. The Supplemental Indentureshall be approved as to form by theDirector of Law. The determinationby the Director of Finance that theprovisions of the SupplementalIndenture are not substantiallyadverse to the City shall be conclu-sively evidenced by the Director’ssigning of the Supplemental Inden-ture. As appropriate under the Char-ter, the Mayor, the Director ofFinance, the Director of Law, theClerk of Council and other appro-priate officers of the City are, andeach of them is, authorized to sign,acknowledge and deliver, in thename and on behalf of the City,such documents, certifications andinstruments in addition to the Inden-ture and Supplemental Indenture asmay be necessary or appropriate to

issue and sell the Refunding Bondsand to consummate the transactionsauthorized by this Ordinance.

Section 9. Official Statement; Con-tinuing Disclosure. If, in the judg-ment of the Director of Finance, adisclosure document (each, an “Offi-cial Statement”) is appropriate ornecessary in connection with thesale of the Refunding Bonds, theDirector of Finance is authorized toprepare or cause to be prepared onbehalf of the City an Official State-ment with respect to the RefundingBonds, as the case may be, and anynecessary supplements and to autho-rize the use and distribution of eachOfficial Statement and any supple-ments. The Director of Finance isauthorized to sign on behalf of theCity and in her official capacityeach Official Statement and any sup-plements approved by her. TheDirector of Finance is authorized tosign and deliver on behalf of theCity and in her official capacitysuch certificates in connection withthe accuracy of each Official State-ment and any supplements as may,in her judgment, be necessary orappropriate. The Director of Financeis also authorized to determine andcertify on behalf of the City thatsuch disclosure document is “deemedfinal” by the City within the mean-ing of Securities and ExchangeCommission Rule 15c2-12 the “SECRule.” The Director of Finance isauthorized to contract for servicesfor the production and distributionof preliminary and final OfficialStatements, including by printedand electronic means.

For the benefit of the holders andbeneficial owners from time to timeof the Refunding Bonds, the Cityagrees, in accordance with, and asthe only obligated person withrespect to the Refunding Bondsunder the SEC Rule, to provide orcause to be provided such financialinformation and operating data andnotices, in such manner as may berequired for purposes of the SECRule. In order to describe and spec-ify certain terms of the City’s con-tinuing disclosure agreement forthat purpose, and thereby to imple-ment that agreement, including pro-visions for enforcement, amendmentand termination, the Director ofFinance is authorized to prepare, orcause to be prepared, and to signand deliver, in the name and onbehalf of the City, a continuing dis-closure agreement or certificate,which shall constitute the continu-ing disclosure agreement made bythe City for the benefit of the hold-ers and beneficial owners of theRefunding Bonds, as the case maybe, in accordance with the SECRule. The performance of thatagreement shall be subject to theavailability of funds and their annu-al appropriation to meet costs theCity would be required to incur toperform it. The Director of Financeis further authorized to establishprocedures in order to ensure com-pliance by the City with its contin-uing disclosure agreement, includ-ing the timely provision of informa-tion and notices.

Section 10. Federal Tax Consider-ations. The City covenants that itwill use, and will restrict the useand investment of, the proceeds ofthe Tax-Exempt Refunding Bonds insuch manner and to such extent asmay be necessary so that (a) the


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Tax-Exempt Refunding Bonds willnot (i) constitute private activitybonds or arbitrage bonds under Sec-tions 141 or 148 of the Internal Rev-enue Code of 1986, as amended (theCode) or (ii) be treated other thanas bonds to which Section 103(a) ofthe Code applies, and (b) the inter-est thereon will not be an item oftax preference under Section 57 ofthe Code.

The City further covenants that(a) it will take or cause to be takensuch actions that may be requiredof it for the interest on the Tax-Exempt Refunding Bonds to be andto remain excluded from grossincome for federal income tax pur-poses, (b) it will not take or autho-rize to be taken any actions thatwould adversely affect that exclu-sion, and (c) it, or persons actingfor it, will, among other acts of com-pliance, (i) apply the proceeds ofthe Tax-Exempt Refunding Bonds tothe governmental purpose of theborrowing, (ii) restrict the yield oninvestment property acquired withthose proceeds, (iii) make timelyand adequate payments to the fed-eral government, (iv) maintainbooks and records and make calcu-lations and reports, and (v) refrainfrom certain uses of those proceeds,and, as applicable, of propertyfinanced with such proceeds, all insuch manner and to the extent nec-essary to assure such exclusion ofthat interest under the Code.

Each covenant made in this sec-tion with respect to the Tax-ExemptRefunding Bonds is also made withrespect to all issues any portion ofthe debt service on which is paidfrom proceeds of the Tax-ExemptRefunding Bonds (and, if different,the original issue and any refund-ing issues in a series of refundings),to the extent such compliance is nec-essary to assure exclusion of inter-est on the Tax-Exempt RefundingBonds from gross income for feder-al income tax purposes, and the offi-cers identified above are authorizedto take actions with respect to thoseissues as they are authorized in thissection to take with respect to theTax-Exempt Refunding Bonds.

The Director of Finance, as thefiscal officer, or any other officer ofthe City having responsibility forissuance of the Refunding Bonds ishereby authorized (a) to make oreffect any election, selection, desig-nation, choice, consent, approval, orwaiver on behalf of the City withrespect to the Tax-Exempt Refund-ing Bonds as the City is permittedor required to make or give underthe federal income tax laws, includ-ing, without limitation thereto, anyof the elections provided for in Sec-tion 148(f)(4)(C) of the Code oravailable under Section 148 of theCode, for the purpose of assuring,enhancing or protecting favorabletax treatment or status of the Tax-Exempt Refunding Bonds or interestthereon or assisting compliancewith requirements for that purpose,reducing the burden or expense ofsuch compliance, reducing rebateamounts or payments or penalties,or making payments of specialamounts in lieu of making compu-tations to determine, or paying,excess earnings as rebate, or obvi-ating those amounts or payments, asdetermined by that officer, whichaction shall be in writing andsigned by the officer, (b) to take

any and all other actions, make orobtain calculations, make payments,and make or give reports, covenantsand certifications of and on behalfof the City, as may be appropriateto assure the exclusion of interestfrom gross income and the intendedtax status of the Tax-ExemptRefunding Bonds, and (c) to giveone or more appropriate certificatesof the City, for inclusion in the tran-script of proceedings for the Refund-ing Bonds, setting forth the reason-able expectations of the City regard-ing the amount and use of all theproceeds of the Refunding Bonds,the facts, circumstances and esti-mates on which they are based, andother facts and circumstances rele-vant to the tax treatment of theinterest on and the tax status of theTax-Exempt Refunding Bonds.

Section 11. Credit Facilities andRatings. If, in the judgment of theDirector of Finance, based on thewritten advice of a Financial Advi-sor, the filing of an application fora rating on one or more Series ofRefunding Bonds by one or morenationally recognized rating agen-cies is in the best interests of theCity, the Director of Finance isauthorized to prepare and submitthose applications and to provide toeach such agency such informationas may be required for the purpose.The Director of Finance is autho-rized to contract for one or moreCredit Support Instruments for anySeries of Refunding Bonds or desig-nated portions thereof if the Direc-tor determines, based on the writtenadvice of a Financial Advisor, thatthe Credit Support Instruments willresult in debt service savings to theCity. As used in this section, “Cred-it Support Instrument” means aninsurance policy, surety, letter ofcredit, or other instrument used toenhance or provide for the securityof Refunding Bonds. The cost ofobtaining each rating and the costof obtaining each Credit SupportInstrument, except to the extentpaid by the Original Purchasers inaccordance with the Bond PurchaseAgreement, shall be paid from theproceeds of Refunding Bonds orfunds appropriated for that purpose.

Section 12. Financial Advisor. TheDirector of Finance may obtain theservices of one or more financialadvisors, from time to time, to assistthe Director of Finance in makingany of the determinations requiredby this Ordinance to be determinedby the Director of Finance. TheDirector of Finance may rely on thewritten advice of any financial advi-sor so retained. Any financial advi-sor employed under the authority ofthis Ordinance shall be disinterest-ed in the transaction and be inde-pendent of the underwriters and anyother party interested in the trans-action.

Section 13. Open Meeting Determi-nation. It is found and determinedthat all formal actions of this Coun-cil and of any of its committees con-cerning and relating to the passageof this Ordinance were taken, andthat all deliberations of this Coun-cil and any of its committees thatresulted in these formal actionswere held in meetings open to thepublic, in compliance with all legalrequirements, including, withoutlimitation, Section 121.22 of theRevised Code.

Section 14. Findings and Recitalsof Validity. It is hereby determined,represented and recited that all acts,conditions and things necessary tobe done precedent to and in the issu-ing of the Refunding Bonds in orderto make them legal, valid and bind-ing obligations of the City have hap-pened, been done and been per-formed in regular and due form asrequired by law; and that no limi-tation of indebtedness or taxation,either statutory or constitutional,will have been exceeded in theissuance of the Refunding Bonds. Itis further found and determined,and is represented and recited, thatthe provisions of Sections 28, 29, 32,33 (including the provisions of Sec-tion 33 with respect to readings onthree separate days or dispensingwith such readings by a two-thirdsvote of all members of the Council),36, 37, 48 and all other applicableprovisions of the City’s Charter andthe rules of this Council have beenfully complied with and this Ordi-nance was passed in conformitytherewith.

Section 15. Delivery to County Fis-cal Officer. The Director of Financeis directed to forward a certifiedcopy of this Ordinance and of theCertificate of Award for the Refund-ing Bonds to the County Fiscal Offi-cer of Cuyahoga County and tosecure a receipt therefor.

Section 16. Severability. Each sec-tion and each part of each sectionof this Ordinance is declared to bean independent section or part of asection and, notwithstanding anyother evidence of legislative intent,it is declared to be the controllinglegislative intent that if any suchsection or part of a section or anyprovision thereof, or the applicationthereof to any person or circum-stance, is held to be invalid, theremaining sections or parts of sec-tions and the application of suchprovisions to any other person orcircumstance, other than those as towhich it is held invalid, shall not beaffected thereby, and it is declaredto be the legislative intent that theother provisions of this Ordinancewould have been passed indepen-dently of such section, or parts of asection, so held to be invalid.

Section 17. Captions. The captionsor headings in this Ordinance arefor convenience only and in no waydefine, limit or describe the scope orintent of any provisions or sectionsof this Ordinance.

Section 18. Legislative Intent. Allterms, conditions, pledges,covenants or agreements on the partof the City provided for in this Ordi-nance are made by the voluntary actof the City under its lawful author-ity, including its authority under itsCharter and Article XVIII of theConstitution of Ohio.

Nothing in this Ordinance isintended to, and no provision hereofshall be applied in any manner aswould, impair the obligation of con-tract of the City with respect to anyoutstanding bonds, notes, certifi-cates of indebtedness, other obliga-tions, trust indentures, trust agree-ments, or other agreements or con-tracts made or entered into by theCity and for which considerationwas duly received by the City priorto the passage of this Ordinance orthe General Bond Ordinance.

Section 19. Miscellaneous.(a) Any provisions of the Codified

Ordinances of the City that are


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inconsistent with the provisions ofthis Ordinance and the GeneralBond Ordinance shall not apply tothe Refunding Bonds authorizedherein.

(b) All covenants, terms and pro-visions of the General Bond Ordi-nance are fully applicable to theRefunding Bonds authorized herein,and nothing in this Ordinance shallbe deemed to alter or restrict suchfull application of the General BondOrdinance, except for the exclusionfrom application to the RefundingBonds of the provisions of the thirdparagraph of Section 13(a) and thethird paragraph of Section 4 of theGeneral Bond Ordinance pursuant toSection 2 of this Ordinance.

Section 20. Sunset of Authoriza-tion. The authority granted by thisOrdinance for the issuance and saleof Refunding Bonds shall expirethree years from the effective dateof this Ordinance. If a preliminaryofficial statement with respect tothe issuance of a series of Refund-ing Bonds is distributed under theauthority of this Ordinance at anytime within the three-year periodfollowing its effective date, then theauthority granted by this Ordinanceshall not expire as to that series ofRefunding Bonds. The Director ofFinance shall notify the Chairmanof the Finance Committee and theClerk of this Council of the initia-tion of the issuance of any Refund-ing Bonds under the authority ofthis Ordinance.

Section 21. Emergency Measure.This ordinance is declared to be anemergency measure and, provided itreceives the affirmative vote oftwo–thirds of all the members elect-ed to Council, it shall take effectand be in force immediately upon itsadoption and approval by the Mayor;otherwise, it shall take effect andbe in force from and after the ear-liest period allowed by law.




ing the issuance and sale by the cityof airport system revenue bonds inan aggregate principal amount notto exceed forty-seven million fivehundred thousand dollars($47,500,000) to pay costs of improv-ing the airport system; authorizingsupplemental indentures and otheragreements related to the bonds;and authorizing and approvingrelated matters.

Whereas, under authority of theConstitution of the State of Ohio andthe Charter of the City of Cleveland,Ohio (the “City”), this Council hasby ordinance authorized theissuance of Revenue Bonds, fromtime to time, for the Airport Systemunder the terms and security of theAmended and Restated Trust Inden-ture (Seventeenth SupplementalTrust Indenture), effective as ofJanuary 31, 2012 (the “Trust Inden-ture”), between the City and TheBank of New York Mellon TrustCompany, N.A., as trustee (the“Trustee”); and

Whereas, this Council has deter-mined to authorize the issuance bythe City of Airport System RevenueBonds (“Bonds”) under the TrustIndenture, as supplemented and

amended, for the purpose of improv-ing the facilities of the Airport Sys-tem; and

Whereas, this Ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department and provid-ing for the immediate preservationof the public peace, property, healthor safety in that authorizing theBonds is necessary to fund contractsfor improvements to the Airport Sys-tem needed for the provision of airservices to the public; now, there-fore,


Section 1. Definitions.In addition to the words and

terms defined in the Trust Inden-ture, as amended and supplemented,and as to be further amended andsupplemented as provided in thisOrdinance, the following words andterms shall have the followingmeanings, unless the context or useindicates a contrary meaning orintention.

“Bond Purchase Agreement”means, with respect to the Bonds,one or more Bond Purchase Agree-ments between the City and theOriginal Purchasers authorized inSection 5 of this Ordinance.

“Book–entry form” or “book–entrysystem” means a form or system, asapplicable, under which (a) theownership of beneficial interests inRevenue Bonds and Bond servicecharges may be transferred onlythrough a book–entry, and (b) phys-ical Revenue Bond certificates infully registered form are registeredonly in the name of a Depository orits nominee as registered owner,with the physical Bond certificates“immobilized” in the custody of theDepository. The book–entry systemis maintained by and is the respon-sibility of the Depository and notthe City or the Trustee. Thebook–entry is the record that iden-tifies, and records the transfer ofthe interest of, the owners of bene-ficial (book–entry) interests in theRevenue Bonds.

“Certificate of Award” means oneor more certificates delivered by theDirector of Finance pursuant to Sec-tion 5 of this Ordinance providingfor the final terms of the Bonds ofany series consistent with therequirements of the Indenture andthis Ordinance.

“Code” means the Internal Rev-enue Code of 1986, as amended,including, when appropriate, thestatutory predecessor of the Codeand all applicable Treasury regula-tions.

“Credit Support Instrument” meansan insurance policy, surety, letter ofcredit, standby bond purchase agree-ment or other credit enhancement,support or liquidity device used toenhance the security or liquidity ofany Revenue Bonds or any HedgeAgreements.

“Depository” means any securitiesdepository that is a clearing agencyunder federal law operating andmaintaining, with its participants orotherwise, a book–entry system torecord beneficial ownership of Rev-enue Bonds or Bond service charges,and to effect transfers of RevenueBonds, in book–entry form, andincludes and means initially TheDepository Trust Company (a limit-ed purpose trust company), NewYork, New York.

“Direct Payment” means a creditallowed under the Code with respectto obligations that is payable to theCity by the U.S. Treasury.

“Direct Payment Obligations”means obligations the interest onwhich is includible in gross incomefor federal income tax purposes andwith respect to which the City shallhave made an irrevocable election toreceive a Direct Payment.

“Financial Advisor” means anyfinancial advisory firm or firmsretained by the Director of Financeof the City, from time to time, inconnection with the Bonds or anyHedge Agreement.

“Hedge Agreement” has the mean-ing given in Section 3 of this Ordi-nance.

“Indenture” means the TrustIndenture as amended and supple-mented by the Eighteenth Supple-mental Trust Indenture dated as ofFebruary 1, 2012, the NineteenthSupplemental Trust Indenture datedas of April 1, 2013, the TwentiethSupplemental Trust Indenture datedas of February 1, 2014, the Twenty-First Supplemental Trust Indenturedated as of February 23, 2016, andthe Twenty-Second SupplementalTrust Indenture dated as of October4, 2016, as the same may be furtheramended, supplemented or restatedfrom time to time.

“Original Purchasers” means, withrespect to each series of Bonds, thefinancial institutions identified inthe Certificate of Award for thatseries as the purchasers of theBonds.

“Outstanding Revenue Bonds” asused in this Ordinance, means Rev-enue Bonds issued and outstanding,from time to time, under the Inden-ture, including without limitationany Revenue Bonds issued pursuantto this Ordinance. On the date ofintroduction of this Ordinance, theOutstanding Revenue Bonds (andthe respective principal amountsthen currently outstanding) consist-ed of the following series of AirportSystem Revenue Bonds: Series 2006A($32,195,000), Series 2007B($5,935,000), Series 2008D($5,975,000), Series 2009C($89,735,000), Series 2009D($23,550,000), Series 2011A($34,360,000), Series 2012A($235,150,000), Series 2013A($54,120,000), Series 2014A($20,175,000), Series 2014B($3,460,000), Series 2016A($105,185,000) and Series 2016B($36,235,000).

“Project” means improvements tothe Airport System including someor all of the following: (i) the acqui-sition, construction, installationand/or equipping of terminal, air-field, parking, roadway, cargo andother improvements at or related toCleveland Hopkins InternationalAirport, including runway improve-ments, taxiway rehabilitation,replacement of main terminal boil-ers, replacement of central coolingplant equipment, rehabilitation andreplacement of Primary Road andassociated underground utilities,relocation of the airfield sanitarysewer line, replacement of stormsewer pumps under terminal serviceroadways, public parking improve-ments, security system replacementand upgrade, expansion of the bag-gage system, electrical systemreplacements and upgrades, andimprovements to and expansion of


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the information technology systemand the fire alarm and smoke detec-tion systems; (ii) improvements tothe ground transportation center;(iii) development of a new masterplan; and (iv) in each case as toeach improvement, the acquisitionof any interests in real property nec-essary therefor, related design, plan-ning, environmental studies, envi-ronmental remediation and regula-tory compliance costs, site prepara-tion, construction management ser-vices, and appurtenant improve-ments; and (v) such additional ordifferent improvements to the Air-port System as the Director of PortControl deems necessary, providedthat (A) all conditions for the inclu-sion of the cost of any such improve-ments in the calculation of LandingFees or Rentals under Section 8.07of the Use Agreements shall havebeen met, and (B) in the event thatproceeds of a series of Tax–ExemptBonds are to be used to pay costsof such improvements, the City shallhave obtained the opinion of nation-ally recognized bond counsel thatthe expenditure of proceeds of suchBonds to pay costs of such improve-ments will not adversely affect theexclusion from gross income for fed-eral income tax purposes of theinterest on such Bonds, or (C) in theevent that the proceeds of a seriesof Direct Payment Obligations areto be used to pay costs of suchimprovements, the City shall haveobtained the opinion of nationallyrecognized bond counsel that theexpenditure of proceeds of suchBonds to pay costs of such improve-ments will not adversely affect thetax status of such Bonds as DirectPayment Obligations.

“Remarketing Agent” means afinancial institution performing theduties of a remarketing agent undera Supplemental Indenture for vari-able rate Revenue Bonds.

“Revenue Bonds” means Outstand-ing Revenue Bonds and any Addi-tional Revenue Bonds issued underthe Indenture, including the Bondsauthorized by this Ordinance.

“Supplemental Indenture” meanseach Supplemental Trust Indenturedelivered to supplement the TrustIndenture, to further provide for theterms and security of one or moreseries of Revenue Bonds or toamend the Trust Indenture, astheretofor supplemented and amend-ed.

“Taxable Bonds” means any Rev-enue Bonds the interest on which isincluded in gross income for feder-al income tax purposes.

“Tax–Exempt Bonds” means anyRevenue Bonds the interest onwhich is excluded from grossincome for federal income tax pur-poses.

Section 2. Authorization of theBonds.

This Council authorizes the Cityto issue the Bonds in one or moreseries for the purpose of payingcosts of the Project. The principalamount of each series of Bonds isto be the amount set forth in theCertificate of Award, subject to thelimitations set forth in Section 5,and determined by the Director ofFinance, based on the writtenadvice of a Financial Advisor, to bethe amount necessary, together withother funds available for the pur-pose (i) to pay costs of the Project,including funding interest on the

Bonds for a temporary period, (ii)to fund any deposit to the Bond Ser-vice Reserve Fund required underthe Indenture or any special reservefund for that series separate fromthe Bond Service Reserve Fund, (iii)to fund any deposit to the Renewaland Replacement Fund requiredunder the Indenture, (iv) to paycosts of any Credit Support Instru-ments, (v) to pay any amounts owedunder Hedge Agreements, and (vi)to pay costs of issuing the Bonds.The proceeds from the sale of eachseries of Bonds shall be allocated,deposited and applied as provided inSection 6.

Separate series of Bonds may beissued at the same or differenttimes. The Bonds of each seriesshall be designated as provided inthe applicable Certificate of Award.A separate Certificate of Award anda separate Supplemental Indenturemay be delivered for each series.The Bonds shall constitute RevenueBonds for all purposes of the Inden-ture.

This Council finds and determinesthat the issuance of the Bonds forthe purpose provided in this Ordi-nance serves a proper, public,municipal purpose by providing,maintaining and improving air trav-el facilities serving the people ofthe City of Cleveland, therebyincreasing and promoting commerceby providing necessary transporta-tion for individuals and commercialenterprises purchasing and sellingservices and products in northeast-ern Ohio, and creating and preserv-ing jobs and employment opportuni-ties in the City and improving theeconomic welfare of the City.

Section 3. Authorization of Hedg-ing Arrangements.

This Council finds that by engag-ing in interest rate hedgingarrangements with respect to Rev-enue Bonds the City may reduce itscost of borrowing by optimizing therelative amounts of fixed and vari-able rate obligations, or minimizingthe risk of variations in its debt ser-vice costs, or obtaining savings byconfirming rates of interest on theRevenue Bonds in advance of theirissuance. To permit the City to havethe flexibility to undertake interestrate swap, swaption, rate cap, ratecollar and other hedging transac-tions, from time to time, withrespect to Revenue Bonds and toestablish the procedures for approv-ing those transactions, this Councilauthorizes the signing and deliveryof one or more agreements (each, a“Hedge Agreement”) and any relat-ed agreements necessary for theconsummation of the transactionscontemplated by each Hedge Agree-ment. The authorizations in this Sec-tion 3 are supplemental to and notin derogation of any authority pro-vided by any other ordinance of thisCouncil concerning hedgingarrangements.

Prior to entering into any HedgeAgreement with respect to theBonds or any Credit Support Instru-ment with respect to such HedgeAgreement, the Director of Financeshall determine, based on the writ-ten advice of a Financial Advisor,that (a) the Hedge Agreement orCredit Support Instrument withrespect to such Hedge Agreement is(i) justified by the correspondingbenefit to the City, (ii) commercial-ly reasonable based on then-current

market conditions, and (iii) in theCity’s best interests, and (b) theCity will receive fair value in returnfor entering into the Hedge Agree-ment, considering, among otherthings, the credit of the City’s Air-port System, the credit of the coun-terparty and the terms and condi-tions of the Hedge Agreement. Tothe extent that any amounts to bepaid by the City in connection withany such Hedge Agreement or anyCredit Support Instrument withrespect to such Hedge Agreementare not paid from proceeds of theBonds, those amounts shall be paidfrom Fund Nos. 60 SF 001, 60 SF 104,60 SF 106 and 60 SF 141 and/or pas-senger facility charges, as deter-mined by the Director of Financeafter consultation with the Directorof Port Control.

The Director of Finance shallnegotiate the terms of each HedgeAgreement. The Director of Financeshall determine the terms and con-ditions of the Hedge Agreement,including without limitation, thetime or times and procedures for theexercise by the counterparty or theCity, as the case may be, of anyoption under the Hedge Agreement,whether the obligations of the Cityunder the Hedge Agreement shall besecured by a Credit Support Instru-ment, and the rates to be paid bythe counterparty to the City or bythe City to the counterparty underthe Hedge Agreement in the eventof the exercise of the option. Theapproval of each interest rate hedgetransaction by the Director ofFinance shall be conclusively evi-denced by the signing and deliveryof the applicable Hedge Agreementby the Director of Finance.

The Director of Finance is autho-rized to enter into an amendment,modification or novation of anyHedge Agreement or any Credit Sup-port Instrument securing a HedgeAgreement or to terminate anyHedge Agreement, in whole or inpart, if the Director of Financedetermines, based on the writtenadvice of a Financial Advisor, that(a) the amendment, modification,novation or termination is (i) justi-fied by the corresponding benefit tothe City, (ii) commercially reason-able based on then-current marketconditions, and (iii) in the City’sbest interests, and (b) the Cityreceived fair value in return forentering into such amendment, mod-ification, novation or termination,given the credit of the counterpartyand the terms and conditions of theamendment, modification, novationor termination. To the extent thatany amounts to be paid by the Cityin connection with any such amend-ment, modification, novation or ter-mination are not paid from proceedsof the Bonds, those amounts shall bepaid from Fund Nos. 60 SF 001, 60SF 104, 60 SF 106 and 60 SF 141and/or passenger facility charges,as determined by the Director ofFinance after consultation with theDirector of Port Control.

The City’s obligations under anyHedge Agreement shall be payablefrom the Airport Revenues asdefined in the Trust Indenture andmay be payable also from otherfunds permitted by law to be usedfor the purpose, as identified by theDirector of Finance in the HedgeAgreement. Those payments may be


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secured by a pledge of Airport Rev-enues, to the extent permitted bythe Trust Indenture, all as deter-mined by the Director of Financeand set forth in the Hedge Agree-ment. The obligation of the City tomake payments under any HedgeAgreement does not and shall notrepresent or constitute a generalobligation, debt, bonded indebted-ness or a pledge of the faith andcredit of the City or the State ofOhio. Nothing gives any party toany Hedge Agreement the right tohave excises, ad valorem or othertaxes levied by the City or the Stateof Ohio for the payment of anyamounts due under any HedgeAgreement.

In the event the Director ofFinance determines, based on thewritten advice of a Financial Advi-sor, that it is necessary to supple-ment or amend the Trust Indentureor a Supplemental Indenture in con-nection with any Hedge Agreementor any amendment, modification,novation or termination of anyHedge Agreement, then, subject tothe requirements of Article XIII ofthe Trust Indenture, the Mayor andthe Director of Finance are autho-rized to sign and deliver a Supple-mental Indenture or amendment ofan existing Supplemental Indenture.

Section 4. Terms of Bonds.The Bonds shall contain the terms

provided in or determined pursuantto, the Indenture, this Ordinance, theapplicable Certificate of Award andthe applicable Supplemental Inden-ture. Each series of Bonds may besecured by a separate SupplementalIndenture, or a single SupplementalIndenture may secure more than oneseries of Bonds.

(a) General. The Bonds may beissued as obligations bearing inter-est at fixed or variable rates. TheBonds may also be issued as oblig-ations under Federal or State pro-grams that provide for interest pay-ment subsidies or other financial orcredit support. In the event that theDirector of Finance, based on thewritten advice of a Financial Advi-sor, determines that the City’s bestinterests will be served by a seriesof Bonds bearing interest at vari-able interest rates, then provisionshall be made in the SupplementalIndenture applicable to that seriesfor the method and procedure bywhich the variable rate of interestto be borne by the Bonds of thatseries shall be determined (whetherby reference to a market index, bya remarketing agent or otherwise);provided that no series of variablerate Bonds shall bear interest at arate in excess of twenty–five per-cent (25%) per year (including anyBonds held by a provider of a Cred-it Support Instrument). The Directorof Finance may determine that theterms of a variable rate series ofBonds may or may not permit theholders to tender their variable rateBonds for purchase by the City. Ifthe Director of Finance designatesany series of Bonds as variable rateBonds, and if the Holders of thatseries of Bonds are to be entitled totender those Bonds for purchase,then the Director of Finance mayalso designate for those variablerate Bonds (and may designate oth-ers, from time to time, in substitu-tion therefor), the tender agent oragents (which may be the Trustee),the remarketing agent or agents

(which may be any of the OriginalPurchasers) and the calculationagent or agents (which may be anyof the Original Purchasers or theTrustee), which designations shallbe based on the determination of theDirector of Finance, based on thewritten advice of a Financial Advi-sor, that the parties so designatedpossess the requisite resources andexperience to provide the servicesrequired of them and that the termson which the designated partieshave agreed to provide such ser-vices are fair and commercially rea-sonable.

The Director of Finance is autho-rized to enter into agreements withothers in connection with the deliv-ery of the Bonds, and from time totime thereafter so long as the Bondsare outstanding, as may be deter-mined by the Director of Finance tobe necessary or appropriate to pro-vide for (i) the method of deter-mining the variable interest rates,(ii) the rights and procedures fortender, (iii) liquidity or credit sup-port, (iv) repayment by the City ofany amounts drawn under the Cred-it Support Instrument, (v) the directpurchase of tendered Bonds, and(vi) other arrangements in the bestinterests of the City. The Director ofFinance is further authorized to ter-minate any such agreements if theDirector of Finance determines,based on the written advice of aFinancial Advisor, that the City’sbest interests will be served by suchtermination. The Director ofFinance is further authorized toenter into agreements, from time totime so long as the variable rateBonds are outstanding, supplement-ing or amending the applicable Sup-plemental Indenture for a series ofBonds as provided in Section 7. Tothe extent that any fees and expens-es associated with agreementsentered into or terminated pursuantto this Section are not paid from pro-ceeds of the Bonds, those fees andexpenses shall be paid from FundNos. 60 SF 001, 60 SF 104, 60 SF 106and 60 SF 141 and/or passengerfacility charges, as determined bythe Director of Finance after con-sultation with the Director of PortControl.

The Director of Finance, in con-nection with the original issuance ofany series of Bonds, and regardlessof whether that series of Bondsbears interest at variable or fixedrates, is authorized to contract for aCredit Support Instrument, and topay the costs of it from proceeds ofthe Bonds, if the Director deter-mines, based on the written adviceof a Financial Advisor, that theCredit Support Instrument willresult in a savings in the cost of thefinancing to the City.

(b) Form; Exchange and Transfer.All Bonds shall be issued in fullyregistered form. The Bonds initiallymay be delivered in book–entry onlyform, registered in the name of theDepository or its nominee, as regis-tered owner, and immobilized in thecustody of the Depository, and nottransferable or exchangeable(except for transfer to anotherDepository or its nominee) withoutfurther action by the City pursuantto the provisions of the Trust Inden-ture.

If any Depository determines notto continue to act as a Depositoryfor the Bonds of any series held in

a book–entry system, the Director ofFinance and the Trustee mayattempt to establish a securitiesdepository/book–entry relationshipwith another qualified Depository. Ifthe Director of Finance and theTrustee do not or are unable to doso, the Director of Finance and theTrustee, after making provision fornotification of the beneficial ownersby the then Depository and anyother arrangements deemed neces-sary, shall permit withdrawal of theBonds of any series from the Depos-itory, and authenticate and deliverregistered Bond certificates to theassigns of the Depository or its nom-inee, all at the cost and expense(including any costs of printing), ifthe event is not the result of actionor inaction of the City, of those per-sons requesting such issuance.

The Director of Finance is autho-rized to enter into any agreementsdetermined by the Director to benecessary in connection with thebook–entry system for the Bonds,after determining that those agree-ments will not endanger the fundsor securities of the City under theIndenture (as evidenced by theDirector’s signing of those agree-ments).

(c) Dates; Denominations. TheBonds of each series shall be datedas of the date or dates provided inthe Certificate of Award for thatseries. The Bonds of each seriesshall be issued in the denominationspermitted in the SupplementalIndenture for that series.

(d) Interest and Place of Pay-ment. The Bonds of each series shallbear interest at their respectiveinterest rates specified in the Cer-tificate of Award (or, in the case ofvariable rate Bonds, determined pur-suant to the Supplemental Inden-ture) for that series. Bonds of thesame series and same maturity maybear interest at different interestrates. The Bonds of each series shallbear interest from the most recentdate to which interest has been paidor duly provided for or, if no inter-est has been paid or duly providedfor, from their date. The principaland any redemption premium andthe interest payable on each seriesof Bonds shall be payable at thetimes, to the persons and in themanner set forth in, or referencedby, the Supplemental Indenture,including, without limitation, provi-sions thereof permitting specialarrangements for payments to theDepository.

(e) Maturities. The Bonds of eachseries shall mature on the dates andin the respective principal amountsprovided in the Certificate ofAward, consistent with this Ordi-nance and the Indenture.

(f) Prior Redemption. The Bondsof each series may be subject toredemption prior to maturity at theoption of the City, if and to theextent so provided in the Certificateof Award for that series. Any Bondsso determined to be subject tooptional redemption and maturingby their stated terms after the ear-liest optional redemption date shallbe subject to redemption at theoption of the City on or after theearliest optional redemption date inwhole or in part on the dates andat the redemption prices provided inthe Certificate of Award and inaccordance with the applicable Sup-plemental Indenture and the Inden-ture. The Bonds may be subject to


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mandatory redemption prior tomaturity on the dates, or upon theoccurrence of events, and at theredemption prices as determined andprovided in the Certificate of Awardand applicable Supplemental Inden-ture, including without limitation,mandatory sinking fund redemptionof term bonds on each mandatoryredemption date in the aggregateamount of the sinking fund install-ment to be paid on such mandatoryredemption date.

(g) Purchase in Lieu of Redemp-tion. The Bonds of each series maybe subject to purchase by the Cityin lieu of optional redemption if andto the extent provided in the Cer-tificate of Award and the applicableSupplemental Indenture.

(h) Signing. The Bonds shall besigned by the Mayor and the Direc-tor of Finance, and approved as toform by the Director of Law. Any orall of the signatures of those offi-cials may be facsimiles. The Bondsshall bear the corporate seal of theCity or a facsimile thereof.

(i) Numbering. The Bonds shall benumbered as determined by theDirector of Finance.

Section 5. Award and Sale ofBonds.

The Director of Finance shall signand deliver a Certificate of Awardfor the Bonds. In the event theBonds are issued in more than oneseries sold at different times, a sep-arate Certificate of Award shall besigned and delivered for each sepa-rately delivered series. The sale ofthe Bonds shall be awarded to oneor more Original Purchasers select-ed by the Director of Finance, andshall be identified in the Certificateof Award. The Bonds may be soldby direct placement to one or moreinstitutions purchasing Bonds fortheir own account and not for resaleor may be sold to financial institu-tions underwriting the Bonds forsale to the public. Each Certificateof Award shall determine the fol-lowing, based on the written adviceof a Financial Advisor, consistentwith this Ordinance and the Inden-ture:

(a) the principal amount of Bondsissued; provided that the aggregateprincipal amount of Bonds issued inone or more series under this Ordi-nance shall not exceed Forty-SevenMillion Five Hundred Thousand Dol-lars ($47,500,000);

(b) the purchase price to be paidto the City by the Original Pur-chasers, which amount shall be notless than: (i) 97% of the amountdetermined by adding to the aggre-gate principal amount of the Bondsany aggregate original issue premi-um and subtracting from thatamount any aggregate originalissue discount, plus (ii) any accruedinterest on the Bonds from theirdate to the date of their delivery tothe Original Purchasers;

(c) whether the Bonds are to beTax-Exempt Bonds or TaxableBonds and, if the Bonds are TaxableBonds, whether or not they areDirect Payment Obligations or sub-ject to another Federal or State pro-gram providing financial or creditsupport;

(d) whether any Bonds are to besubject to redemption prior to matu-rity, and, if so, the redemption dateor dates those Bonds are subject toprior redemption, or in the case ofextraordinary optional redemption,

the events giving rise to suchredemption, and in either case theredemption price or prices, whichmay be determined as a percentageof the principal amount redeemed orby a formula intended to make thebondholder whole for the loss of theinvestment resulting from the earlyredemption or by other methodology;

(e) the dates on which principalof the Bonds is to be paid, whichshall be not later than thirty (30)years from their respective dates ofissuance, with an identification ofwhether the payment is due by stat-ed maturity or by mandatory sink-ing fund redemption of Bonds of aparticular maturity;

(f) the interest rates to be borneby Bonds bearing interest at a fixedrate, the weighted average of whichshall not exceed eight percent (8%)as to Bonds of any series that areTax–Exempt Bonds or ten percent(10%) as to Bonds of any series thatare Taxable Bonds, or the methodby which the interest rate is to bedetermined for Bonds bearing inter-est at variable rates, consistent withSection 4;

(g) the amount, if any, and sourceof any money to be deposited in theRenewal and Replacement Fund inorder to cause the balance thereinto equal the Renewal and Replace-ment Fund Requirement;

(h) the title and series designa-tion for the Bonds;

(i) the amount, if any, and sourceof any money to be deposited in theBond Service Reserve Fund in orderto cause the balance therein toequal the Required Bond ServiceReserve, if and to the extentrequired by the applicable Supple-mental Indenture, and any determi-nation as to whether there shall bea special reserve fund for the Bondsof any series, separate from thecommon Bond Service Reserve Fund,or a surety or insurance policy,bank letter or line of credit, or otherform of credit or Credit SupportInstrument enhancing the securityfor Bonds of that series in lieu of afunded reserve fund;

(j) the Paying Agent; and(k) whether any Bonds are to be

secured by or payable from a Cred-it Support Instrument.

It is determined that the terms ofthe Bonds as so determined withinthe limitations set forth in this Ordi-nance and as so specified and setforth in the Certificate of Awardwill be in the best interest of theCity and consistent with all legalrequirements.

The Director of Finance mayenter into one or more Bond Pur-chase Agreements with the OriginalPurchasers of Bonds setting forththe conditions for delivery of theBonds that are consistent with thisOrdinance, the Certificate of Award,and the Trust Indenture and applic-able Supplemental Indenture andthat are determined by the Directorof Finance, based on the writtenadvice of a Financial Advisor, to becustomary for airport revenue bondsissued by governmental entities,including, without limitation, repre-sentations as to the accuracy andcompleteness of information con-tained in any Official Statement ofthe City described in Section 11.

Section 6. Application of Proceedsof Bonds.

The proceeds from the sale of theBonds shall be applied as provided

in the applicable SupplementalIndenture, including:

(i) to the payment of anyproviders of any Credit SupportInstrument, the fees and expensesrequired to be paid by the City toobtain the Credit Support Instru-ment;

(ii) to the Bond Service Fund, thatportion, if any, of the proceeds con-stituting accrued interest;

(iii) to the Bond Service ReserveFund, that portion, if any, of theproceeds required to be deposited inthe Bond Service Reserve Fund inorder to cause the balance thereinto equal the Required Bond ServiceReserve, subject to the provisionsset forth in Section 5 (i) of this Ordi-nance for a lesser or special deposit;

(iv) to the Renewal and Replace-ment Fund, any proceeds to bedeposited in that Fund to cause thebalance therein to equal the Renew-al and Replacement Fund Require-ment;

(v) to the counterparty under anyHedge Agreement, any paymentdetermined by the Director ofFinance to be paid from the pro-ceeds of the Bonds;

(vi) to the Costs of IssuanceFund, to be created under the applic-able Supplemental Indenture, suchamounts as are needed to pay costsof issuing the Bonds; and

(vii) to the Construction Fund, thebalance of such proceeds.

The proceeds from the sale of theBonds are appropriated and shall beused for the purpose for which thoseBonds are issued as provided in thisOrdinance.

Section 7. Authorization of Sup-plemental Indentures and Amend-ments of Indenture.

In order to secure the payment ofthe principal of and any premiumand interest on the Bonds, theMayor, the Director of Finance andthe Director of Port Control, or anytwo of them, are authorized, in thename and on behalf of the City, tosign and deliver to the Trustee, intrust for the Original Purchasersand subsequent holders of theBonds, one or more SupplementalIndentures, approved as to form andcorrectness by the Director of Law,not inconsistent with this Ordinance,the Certificate of Award and theIndenture and not substantiallyadverse to the City as may beapproved by the officers signing thesame on behalf of the City. Thedetermination by those officers thata Supplemental Indenture is not sub-stantially adverse to the City shallbe conclusively evidenced by thesigning and delivery of that Sup-plemental Indenture by those offi-cers. Subject to the requirements ofArticle XIII of the Trust Indenture,any Supplemental Indenture maycontain amendments to the TrustIndenture to permit the Cityincreased flexibility for the use offinancial or credit structures andtechniques determined by the Direc-tor of Finance, based on the writtenadvice of a Financial Advisor, to bein the best interests of the City.

Section 8. Credit Support Instru-ments. The Director of Finance isauthorized to contract from time totime for one or more Credit SupportInstruments for any series of theBonds or any Hedge Agreement ifthe Director determines, based onthe written advice of a FinancialAdvisor, that the Credit Support


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Instruments will result in savings tothe City, will stabilize interest ratesor minimize the risk of increasedinterest expense or increased risks,burdens, or other costs associatedwith hedging arrangements or relat-ing to the Bonds or reserve require-ments. The Director of Finance isfurther authorized to agree to theamendment, replacement, assign-ment or termination of any CreditSupport Instrument if the Directorof Finance determines, based on thewritten advice of a Financial Advi-sor, that the City’s best interestswill be served by such amendment,replacement, assignment or termina-tion. In the event the Director ofFinance determines, based on thewritten advice of a Financial Advi-sor, that it is necessary to supple-ment or amend the Trust Indentureor a Supplemental Indenture inorder to permit the use of, or toamend, replace, assign or terminate,a Credit Support Instrument, theDirector of Finance and the Direc-tor of Port Control are authorized tosign and deliver a SupplementalIndenture amending the TrustIndenture or an amendment of aSupplemental Indenture, approvedas to form and correctness by theDirector of Law. The cost of obtain-ing, amending, replacing, assigningor terminating each Credit SupportInstrument, except to the extentpaid from proceeds of the Bonds orotherwise, shall be paid from FundNos. 60 SF 001, 60 SF 104, 60 SF 106and 60 SF 141 and/or passengerfacility charges, as determined bythe Director of Finance after con-sultation with the Director of PortControl.

Section 9. Tax Covenants.(a) Tax–Exempt Bonds. With

respect to any series of Bonds thatare to be issued and sold asTax–Exempt Bonds, the Citycovenants that:

(i) it will use, and will restrictthe use and investment of, the pro-ceeds of the Tax–Exempt Bonds insuch manner and to such extent asmay be necessary so that (a) theinterest on the Tax–Exempt Bondswill be excluded from gross incomefor federal income tax purposes, and(b) in the case of any Tax–ExemptBonds qualifying as bonds, the inter-est on which is not treated as anitem of tax preference under Section57 of the Code (“Non–AMT Bonds”),such Tax–Exempt Bonds will betreated as Non–AMT Bonds.

(ii) (A) it will take or cause tobe taken such actions that may berequired of it for the interest on theTax–Exempt Bonds to be and toremain excluded from gross incomefor federal income tax purposes, (B)it will not take or authorize to betaken any actions that wouldadversely affect that exclusion, and(C) it, or persons acting for it, will,among other acts of compliance, (1)apply the proceeds of theTax–Exempt Bonds to the govern-mental purposes of the borrowing,(2) restrict the yield on investmentproperty, (3) make timely and ade-quate payments to the federal gov-ernment, (4) maintain books andrecords and make calculations andreports, and (5) refrain from certainuses of those proceeds and, asapplicable, of property financedwith such proceeds, all in such man-ner and to the extent necessary toassure such exclusion of that inter-est under the Code.

(b) Direct Payment Obligations.With respect to any series of Bondsthat is to be issued and sold asDirect Payment Obligations, theCity covenants that:

(i) It will use, and will restrictthe use and investment of, the pro-ceeds of the Bonds in such mannerand to such extent as may be nec-essary so that the Bonds will qual-ify as Direct Payment Obligationsunder the applicable provisions ofthe Code.

(ii) It further covenants that (A)it will take or cause to be takensuch actions that may be requiredof it for the Bonds to be and remainDirect Payment Obligations, (B) itwill not take or authorize to betaken any actions that wouldadversely affect that status, and (C)it, or persons acting for it, will,among other acts of compliance, (1)apply or cause the application of theproceeds of the Bonds to the gov-ernmental purpose of the borrowing,(2) restrict yield on investmentproperty, (3) make timely and ade-quate payments to the federal gov-ernment, (4) maintain books andrecords and make calculations andreports and (5) refrain from certainuses of those proceeds, and, asapplicable, of property financedwith such proceeds, all in such man-ner and to the extent necessary toassure such tax status.

(c) Further Actions. The Directorof Finance, or any other officer ofthe City having responsibility forissuance of the Bonds, is herebyauthorized (a) to make or effect anyelection, selection, designation,choice, consent, approval, or waiveron behalf of the City with respectto the Bonds as the City is permit-ted or required to make or giveunder the federal income tax laws,including, without limitation there-to, the election to issue a series ofBonds as Direct Payment Obliga-tions any of the elections providedfor in or available under the Codefor the purpose of assuring, enhanc-ing or protecting the favorable taxtreatment or status of the Bonds orinterest thereon or entitlement toDirect Payments relating thereto, orassisting compliance with require-ments for that purpose, reducing theburden or expense of such compli-ance, reducing the rebate amount orpayments of penalties, or makingpayments of special amounts in lieuof making computations to deter-mine, or paying, excess earnings asrebate, or obviating those amountsor payments, as determined by thatofficer, which action shall be inwriting and signed by the officer,(b) to take any and all otheractions, make or obtain calculations,make payments, and make or givereports, covenants and certificationsof and on behalf of the City, as maybe appropriate to assure the exclu-sion of interest from gross incomeand the intended tax status of theBonds and the City’s entitlement toreceive Direct Payments, and (c) togive one or more appropriate cer-tificates of the City, for inclusion inthe transcript of proceedings for theBonds, setting forth the reasonableexpectations of the City regardingthe amount and use of all the pro-ceeds of the Bonds, the facts, cir-cumstances and estimates on whichthey are based, and other facts andcircumstances relevant to the taxtreatment of the interest on and thetax status of the Bonds.

Section 10. Additional Documents.The Mayor, the Director of

Finance, the Director of Port Con-trol and other City officials asappropriate under the Charter areauthorized to sign and deliver suchinstruments, certificates and docu-ments as are necessary or appropri-ate to consummate the transactionsauthorized by this Ordinance, theBond Purchase Agreements, the Sup-plemental Indentures, the Indentureand the Hedge Agreements.

The Mayor, the Director ofFinance, the Director of Port Con-trol, the Director of Law and otherCity officials, as appropriate underthe Charter, are authorized to makethe necessary arrangements onbehalf of the City to establish thedate, location, procedure and condi-tions for the delivery of each seriesof Bonds to the Original Purchasersand to take all actions necessary toeffect due signing, authenticationand delivery of each series of Bondsunder the terms of this Ordinance,the Supplemental Indentures, theBond Purchase Agreements and theIndenture. The Clerk of Council orother officials of the City as appro-priate under the Charter shall fur-nish the Original Purchasers a truetranscript of proceedings certifiedby the Clerk or other official, of allproceedings had with reference tothe issuance of the Bonds alongwith such information for therecords as is necessary to determinethe regularity and validity of theissuance of the Bonds.

Section 11. Official Statements;Continuing Disclosure.

The Mayor, the Director ofFinance, the Director of Port Con-trol and other City officials asappropriate under the Charter, areand each is authorized on behalf ofthe City to (i) prepare or cause tobe prepared, and make or authorizemodifications, completions orchanges of or supplements to, dis-closure documents in the form of apreliminary official statement relat-ing to the issuance of the Bonds ofone or more series, and (ii) deter-mine, and certify or otherwise rep-resent, when each preliminary offi-cial statement as so prepared is a“deemed final” official statement(except for permitted omissions) bythe City as of its date for purposesof Securities and Exchange Com-mission (“SEC”) Rule 15c2–12(b)(1).The distribution and use of one ormore preliminary official statementsis hereby authorized and approved.

Each of those officers is are alsoauthorized, on behalf of the Cityand in their official capacities, tocomplete each preliminary officialstatement with such modifications,changes and supplements as thoseofficers shall approve or authorizefor the purpose of preparing anddetermining, and to certify or oth-erwise represent, that the officialstatement as so revised is a finalofficial statement for purposes ofSEC Rule 15c2–12(b) (3) and (4).Each of those officers is furtherauthorized to use and distribute, orauthorize the use and distributionof, one or more final official state-ments and supplements thereto inconnection with the originalissuance of the Bonds as may, intheir judgment, be necessary orappropriate. Each of those officersis further authorized to sign anddeliver, on behalf of the City and in


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their official capacities, each finalofficial statement and such certifi-cates in connection with the accu-racy of each preliminary officialstatement and each final officialstatement and any amendmentsthereto as may, in their judgment,also be necessary or appropriate.The Director of Finance is autho-rized to contract for services for theproduction and distribution of pre-liminary and final official state-ments, including by printed andelectronic means.

For the benefit of the holders andbeneficial owners from time to timeof the Bonds, the City agrees, inaccordance with, and as an obligat-ed person with respect to the Bondsunder, SEC Rule 15c2–12, to provideor cause to be provided such finan-cial information and operating dataand notices, in such manner, as maybe required for purposes of SECRule 15c2–12. In order to describeand specify certain terms of theCity’s continuing disclosure agree-ment for that purpose, and therebyto implement that agreement,including provisions for enforce-ment, amendment and termination,the Director of Finance and theDirector of Port Control are autho-rized to prepare, or cause to be pre-pared, and to sign and deliver, inthe name and on behalf of the City,a continuing disclosure agreementor certificate, which shall constitutethe continuing disclosure agreementmade by the City for the benefit ofthe holders and beneficial owners ofthe Bonds in accordance with SECRule 15c2–12. The performance ofthat agreement shall be subject tothe availability of funds and theirannual appropriation to meet coststhe City would be required to incurto perform it.

Section 12. Conversion and Remar-keting or Refunding of VariableRate Bonds.

In the event that any series ofBonds are issued as variable rateobligations and the Director ofFinance determines that it is advan-tageous to the City to convert theinterest on such series of Bondsfrom variable rates to fixed interestrates for a period of time or to matu-rity, or to convert the interest onany series of Bonds bearing interestat a variable rate to a different vari-able rate period or mode, or to ter-minate or take other actions withrespect to any existing Credit Sup-port Instrument that will require atender and remarketing of anyseries of Bonds (such conversion orother actions and the tender andremarketing being collectivelyreferred to in this Section as “remar-keting”), the City shall undertakethe remarketing in accordance withthe applicable Supplemental Inden-ture. The City may enter into anagreement with one or more pur-chasers for their direct purchase ofa series of Bonds in lieu of a pub-lic remarketing of those Bonds by aremarketing agent. In the event thatthe interest rate on all of the Bondsof a series is to be converted fromvariable rates to fixed rates of inter-est to the final maturity of thatseries of Bonds, the remarketingmay be undertaken as a refundingtransaction with the refundingBonds having the terms provided inthis Ordinance for the series ofBonds.

In connection with any remarket-ing of a series of Bonds, the Direc-tor of Finance is authorized toobtain one or more Credit SupportInstruments if the Director ofFinance determines that the CreditSupport Instrument will facilitatethe remarketing of that series ofBonds, and to enter into agreementswith tender agents, administrativeagents, remarketing agents, dealersand others, and to terminate suchagreements, under the same termsand conditions set forth in Section4. In the event the Director ofFinance determines that it is neces-sary to supplement or amend theIndenture or the SupplementalIndenture in order to address cur-rent market conditions or to permitthe use of a Credit Support Instru-ment or to otherwise obtain financ-ing arrangements advantageous tothe City, the Director of Finance isauthorized to sign and deliver anamendment of the Indenture or Sup-plemental Indenture, or an amendedand restated Indenture or Supple-mental Indenture. The costs of anyremarketing of the series of Bondsmay be paid, as determined by theDirector of Finance, from remarket-ing proceeds, or from other moneylawfully available for that purpose.The Director of Finance is autho-rized to prepare or authorize to beprepared one or more disclosure doc-uments in connection with anyremarketing under the same termsand conditions as set forth in Sec-tion 10 of this Ordinance withrespect to the Bonds. The Mayor,Director of Finance, Director of PortControl and other City officials, asappropriate under the Charter, areauthorized to sign and deliver suchinstruments, certificates and docu-ments as are necessary or appropri-ate to consummate the transactionsauthorized by this Section. TheMayor, Director of Finance, Directorof Port Control and other City offi-cials, as appropriate under the Char-ter, are each authorized to make thenecessary arrangements on behalfof the City to establish the date,location, procedure and conditionsfor the remarketing of any series ofBonds and to take all actions nec-essary to effect the remarketing ofany series of Bonds under the termsof this Ordinance and the Supple-mental Indenture. The Clerk ofCouncil or other appropriate officialof the City shall furnish the Origi-nal Purchaser a true transcript ofproceedings certified by such offi-cers of the City as may be appro-priate of all proceedings had withreference to the conversion andremarketing of any series of Bonds.

Section 13. Lien of Pledge.The Airport Revenues are subject

to the lien of the pledge under theIndenture without any physicaldelivery of the Airport Revenues orfurther act, and the lien of suchpledge is valid and binding againstall parties having claims of anykind against the City (irrespectiveof whether such parties have noticeof such pledge and create a per-fected security interest for all pur-poses of Chapter 1309, Ohio RevisedCode) without the necessity for sep-aration of delivery of the AirportRevenues or for the filing or record-ing of the Indenture or any otherresolution or instrument by whichsuch pledge is created or any cer-tificate, statement or other docu-ment with respect to such pledge.

The pledge of the Airport Revenuesunder the Indenture shall be effec-tive and the money therefrom andthereof may be applied to the pur-poses for which pledged withoutnecessity for any further act ofappropriation.

Section 14. Financial Advisors andConsultants.

The Director of Finance mayobtain the services of one or moreFinancial Advisors, from time totime, to assist the Director ofFinance in making any of the deter-minations required by this Ordi-nance to be determined by the Direc-tor of Finance with respect to theBonds, any Hedge Agreements andany Credit Support Instruments. TheDirector of Finance may rely on thewritten advice of any FinancialAdvisor so retained. The Director ofFinance may obtain the services ofone or more feasibility consultants,from time to time, to provide reportsin connection with the issuance andsale of any Bonds concerning theutilization and operation of the Air-port System, debt service coverage,rates and charges or other matters.Any Financial Advisor or consultantemployed under the authority of thisOrdinance shall be disinterested inthe transaction and be independentof the underwriters or counterpar-ties and any other party interestedin the transaction.

Section 15. Appointment of Suc-cessor Trustee.

The Director of Finance is herebyauthorized to appoint a successorTrustee in the event that the cur-rent Trustee, The Bank of New YorkMellon Trust Company, N.A., shallresign or be removed, or be dis-solved or otherwise become inca-pable of acting as Trustee under theIndenture, or in case it shall betaken under the control of any pub-lic officer or officers or of a receiv-er appointed by a court, in accor-dance with the provisions of Section12.08 of the Trust Indenture.

Section 16. Authorization andRequirement of Declarations of Offi-cial Intent.

The Director of Finance, in con-sultation with the Director of PortControl, is authorized to prepare andsign declarations of official intentin the form required by UnitedStates Treasury Regulations §1.150-2(the “Reimbursement Regulations”)with respect to original expendi-tures to which the ReimbursementRegulations apply, to be made frommoney temporarily advanced forimprovements to the Airport Systemand that is reasonably expected tobe reimbursed from the proceeds ofTax-Exempt Bonds or other obliga-tions; to make appropriate reim-bursement and timely allocationsfrom the proceeds of the Tax-Exempt Bonds or other obligationsto reimburse such original expendi-tures; and to take any other actionsas may be appropriate, all at thetimes and in the manner requiredunder the Reimbursement Regula-tions in order for the reimbursementto be treated as an expenditure ofsuch proceeds for purposes of Sec-tions 103 and 141 to 150 of the Code.No advance from any fund oraccount or order for payment maybe made for original expenditures(other than expenditures exceptedfrom such requirement under theReimbursement Regulations) thatare to be reimbursed subsequently


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from proceeds of Tax-Exempt Bondsor other obligations, unless a decla-ration of official intent with respectthereto is made within the timerequired by the Reimbursement Reg-ulations.

Section 17. Open Meeting Determi-nation.

It is found and determined that allformal actions of the Council con-cerning and relating to the adoptionof this Ordinance were adopted inan open meeting of the Council, andthat all deliberations of the Counciland of any of its committees thatresulted in such formal action werein meetings open to the public incompliance with all applicable legalrequirements.

Section 18. Separability.Each section of this Ordinance

and each subdivision of any sectionis declared to be independent, andthe finding or holding of any sec-tion or subdivision of any section tobe invalid or void shall not bedeemed or held to affect the validi-ty of any other section or subdivi-sion of this Ordinance.

Section 19. Recitals.It is determined and recited that

all acts, conditions and things nec-essary to be done precedent to andin the issuing of the Bonds in orderto make them legal, valid and bind-ing special obligations of the Citywill have happened, been done andperformed or will happen, be doneand performed in regular and dueform as required by law; and thatno limitation of indebtedness or tax-ation, either statutory or constitu-tional, is applicable to the issuanceof the Bonds.

Section 20. Sunset of Authoriza-tion.

The authority granted by Section2 of this Ordinance to issue Bondsshall expire three years from theeffective date of this Ordinance. Ifa preliminary official statement isdistributed or a commitment for adirect placement is signed withrespect to the issuance of a seriesof Bonds under the authority of thisOrdinance at any time within thethree–year period following itseffective date, then the authoritygranted by this Ordinance shall notexpire as to that series of Bonds.The Director of Finance shall noti-fy the Chairman of the FinanceCommittee and the Clerk of thisCouncil of the initiation of theissuance of any Bonds under theauthority of this Ordinance.

Section 21. Emergency.This ordinance is declared to be

an emergency measure and, provid-ed it receives the affirmative voteof two–thirds of all the memberselected to Council, it shall takeeffect and be in force immediatelyupon its adoption and approval bythe Mayor; otherwise, it shall takeeffect and be in force from and afterthe earliest period allowed by law.



departmental request).An emergency ordinance to amend

Section 181.102 of the Codified Ordi-nances of Cleveland, Ohio, 1976, asamended by Ordinance No. 856-08,passed June 9, 2008, relating to theauthorization to acquire softwarelicenses, updates, upgrades,enhancements, training, technicalsupport, maintenance, and repairs.



Section 1. That Section 181.102 ofthe Codified Ordinances of Cleve-land, Ohio, 1976, as amended byOrdinance No. 856-08, passed June 9,2008, is amended to read as follows:

Section 181.102 Authorization toPurchase Software Licenses,Updates, Upgrades, Enhancements,Training, Technical Support, Main-tenance, and Repairs

(a) When a director has beenauthorized by ordinance to acquiresoftware, the director of the depart-ment for which the software wasacquired or the Director of Financeis authorized to enter into one (1)or more standard purchase orrequirement contracts duly let to thelowest and best bidder as providedin Section 181.10, for software licens-es, updates, upgrades, enhance-ments, training, technical support,maintenance, and repair necessaryto implement or maintain the autho-rized software, and for additionallicenses for use of, or additionalcopies of, the originally authorizedsoftware and licenses for use of, orcopies of, software associated withand having the same function, pur-pose and performance capabilitiesas the originally acquired softwareand within the express authorityand purpose of the ordinance autho-rizing the initial acquisition.

(b) When a director has beenauthorized by ordinance to acquiresoftware, the director of the depart-ment for which the software wasacquired or the Director of Financeis authorized to acquire by contractor contracts with one (1) or moresoftware developers or vendors orone (1) or more firms of softwaredevelopers or vendors, softwarelicenses, updates, upgrades,enhancements, training, technicalsupport, maintenance, and repairnecessary to implement or maintainthe authorized software, and foradditional licenses for use of, oradditional copies of, the originallyauthorized software, and licensesfor use of, or copies of, softwareassociated with and having thesame function, purpose and perfor-mance capabilities as the originallyacquired software and within theexpress authority and purpose of theordinance authorizing the initialacquisition. The selection of thesoftware developers or vendors shallbe made by the Board of Control onthe nomination of the director of thedepartment for which the softwarewas acquired or the Director ofFinance from lists of qualified soft-ware developers or vendors avail-able for employment as may bedetermined after a full and completecanvass by the director of thedepartment for which the softwarewas acquired or the Director ofFinance for the purpose of compil-ing the lists.

(c) When a director has beenauthorized by ordinance to acquirea software system, the director ofthe department for which the systemwas acquired or the Director ofFinance is authorized to execute one(1) or more license agreementsdirectly with the firm or firms

licensing the software for softwareneeded to implement or maintain thesystem, and for additional licensesfor use of, or additional copies of,the originally authorized softwaresystem, and licenses for use of, orcopies of, software associated withand having the same function, pur-pose and performance capabilitiesas the originally acquired softwaresystem and within the expressauthority and purpose of the ordi-nance authorizing the initial acqui-sition. directly with the firm orfirms licensing the software.

(d) When a director has beenauthorized to contract with a soft-ware developer or vendor, whetherspecified in an authorizing ordi-nance or by Board of Control reso-lution, to acquire software, thedirector of the department for whichthe software is acquired or theDirector of Finance is authorized toenter into one (1) or more contractswith the software developer or ven-dor for professional services neces-sary to perform as-needed servicesto implement or maintain the soft-ware, and to acquire additionallicenses for use of, or additionalcopies of, the originally authorizedsoftware and licenses for use of, orcopies of, software associated withand having the same function, pur-pose and performance capabilitiesas the originally acquired softwareand within the express authorityand purpose of the ordinance autho-rizing the initial acquisition, includ-ing but not limited to, integration,implementation, migration, installa-tion, design, interfacing, mainte-nance, repair, upgrades, enhance-ments, training, training registra-tion, testing, and technical support.

(e) The Board of Control shall fixthe compensation to be paid for thesoftware, software systems and ser-vices authorized under this ordi-nance which shall be paid from theannual appropriation made for suchpurpose. The contract or contractsshall be prepared by the Director ofLaw, approved by the director of thedepartment for which the purchaseis made or the Director of Finance,and certified by the Director ofFinance.

(f) Nothing in this section shallbe construed to authorize the acqui-sition of new software or any pro-fessional services that, in the judg-ment of the Director of Finance,would significantly expand or mod-ify the performance characteristicsof the originally authorized soft-ware beyond the function or purposecapabilities identified in the ordi-nance authorizing the initial acqui-sition.

(g) That under Section 108(b) ofthe Charter, the purchases autho-rized by this ordinance may bemade through cooperative arrange-ments with other governmentalagencies. The Director of Financemay sign all documents that arenecessary to make the purchases,and may enter into one or more con-tracts with the vendors selectedthrough that cooperative process.

Section 2. That existing Section181.102 of the Codified Ordinances ofCleveland, Ohio, 1976, as amendedby Ordinance No. 856-08, passed June9, 2008, is repealed.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of all


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the members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.




ing the Director of Finance toemploy one or more consultants,computer software developers, orvendors or one or more firms of con-sultants, computer software devel-opers, or vendors necessary to imple-ment various technology projectsand upgrades to existing systemsunder the 2018 ITS Capital ProjectPlan and the 2018 IT Courts ProjectPlan, and other related professionalservices to implement the Plans; andto enter into various contracts toimplement this ordinance.



Section 1. That, provided thisCouncil passes Ordinance No. 507-18and the City sells the bonds autho-rized by that ordinance, the Direc-tor of Finance is authorized toemploy by contract or contracts oneor more consultants or one or morefirms of consultants, for the purposeof supplementing the regularlyemployed staff of the several depart-ments of the City of Cleveland inorder to provide professional ser-vices necessary to implement vari-ous Technology projects andupgrades to existing systems underthe 2018 ITS Capital Project Planand the 2018 IT Courts Project Plan(the “Plans”) including, but not lim-ited to, Public Safety Systems andSecurity, and City-wide applications,fiber optic installation, replacementof obsolete desktop personal com-puters, Data Center Network andServer Upgrades and enhancements,migrating physical servers to power-efficient sustainable blade chassisand virtual servers, upgrades toSharePoint, CRM, Camera System,Voice over Internet Protocol (VoIP)telephone system, WIFI installationin City-owned and City-leased facil-ities, and installation of Pen-baseddevices, Business Intelligence Sys-tem, all the foregoing including allassociated hardware and appurte-nances.

Section 2. That, provided thisCouncil passes Ordinance No. 507-18and the City sells the bonds autho-rized by that ordinance, the Direc-tor of Finance is authorized toemploy by contract or contracts oneor more consultants, computer soft-ware developers, or vendors or oneor more firms of consultants, com-puter software developers, or ven-dors for the purpose of supplement-ing the regularly employed staff ofthe several departments of the Cityof Cleveland to acquire one or moresoftware licenses and city-wideapplications necessary to effectuatethe purposes of this ordinance whichare not obtained under a profes-sional services contract authorizedin this ordinance.

Section 3. The selection of the con-sultants, computer software devel-opers, or vendors for the servicesdescribed in Sections 1 and 2, shallbe made by the Board of Control onthe nomination of the Director ofFinance from a list of qualified con-sultants, computer software devel-opers, or vendors available foremployment as may be determinedafter a full and complete canvass bythe Director of Finance for the pur-pose of compiling a list. The com-pensation to be paid for the servicesshall be fixed by the Board of Con-trol. The contract or contracts autho-rized shall be prepared by the Direc-tor of Law, and approved and certi-fied by the Director of Finance.

Section 4. That, provided thisCouncil passes Ordinance No. 507-18and the City sells the bonds autho-rized by that ordinance, the Direc-tor of Finance is authorized to makeone or more written standard pur-chase or lease contracts and writtenrequirement contracts under theCharter and the Codified Ordinancesof Cleveland, Ohio, 1976, the periodof requirements to be determined bythe director, for the necessary itemsof materials, equipment, supplies,and services necessary to implementthe Plans, which are not obtainedunder a professional services con-tract authorized in this ordinance,including labor and materials, fur-niture, Building Maintenance, to bepurchased or procured by the Com-missioner of Purchases and Supplieson a unit basis for the Division ofInformation Technology and Ser-vices, Department of Finance. Bidsshall be taken in a manner that per-mits an award to be made for allitems as a single contract, or by sep-arate contract for each or any com-bination of the items as the Boardof Control determines.

Section 5. That the costs of therequirement contract or contractsshall be paid from Fund Nos. 20 SF566, 20 SF 573, 20 SF 578, from thefund or funds which are credited theproceeds of the sale of bonds autho-rized by Ordinance No. 507-18 if theCouncil passes that ordinance andthe City sells the bonds authorizedby that ordinance and from futurebonds if issued for this purpose, andshall also be charged against theproper appropriation accounts andthe Director of Finance shall certi-fy the amount of any purchaseunder the contract, each of whichpurchases shall be made on order ofthe Commissioner of Purchases andSupplies by a delivery order issuedagainst the contract or contractsand certified by the Director ofFinance.

Section 6. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative arrange-ments with other governmentalagencies. The Director of Financemay sign all documents that arenecessary to make the purchases,and may enter into one or more con-tracts with the vendors selectedthrough that cooperative process.

Section 7. That the total cost ofthe contracts and other expendituresauthorized in this ordinance shall bepaid from Fund Nos. 11 SF 006, 52SF 001, 54 SF 001, 58 SF 001, 60 SF661, 80 SF 001, 20 SF 566, 20 SF 573,20 SF 578, from the fund or fundswhich are credited the proceeds of

the sale of bonds authorized by Ordi-nance No. 507-18 if the Council pass-es that ordinance and the City sellsthe bonds authorized by that ordi-nance, and any other funds asapproved by the Director of Finance.(RQS 1511, RLA 2018-11)





ing the Director of Finance toemploy one or more professionalconsultants to develop or acquire aweb-based electronic payment soft-ware solution and related profes-sional services, for a period of twoyears with two one-year options torenew, exercisable by the Directorof Finance.



Section 1. That the Director ofFinance is authorized to employ bycontract or contracts one or moreconsultants or one or more firms ofconsultants for the purpose of sup-plementing the regularly employedstaff of the several departments ofthe City of Cleveland in order to pro-vide professional services necessaryto develop or acquire a web-basedelectronic payment software solu-tion and related professional ser-vices, for a period of two years withtwo one-year options to renew, exer-cisable by the Director of Finance.

The selection of the consultant orconsultants for the services shall bemade by the Board of Control on thenomination of the Director ofFinance from a list of qualified con-sultants available for employmentas may be determined after a fulland complete canvass by the Direc-tor of Finance for the purpose ofcompiling a list. The compensationto be paid for the services shall befixed by the Board of Control. Thecontract or contracts authorizedshall be prepared by the Director ofLaw, approved and certified by theDirector of Finance.

Section 2. That the cost of the con-tract or contracts authorized shallbe paid from funds approved by theDirector of Finance.




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Ord. No. 670-18.By Council Members Cleveland


An emergency ordinance authoriz-ing the Director of Port Control toenter into an amendment to theMulti-Phased Option to Lease Agree-ment No. CT 9501 NF 2015-35 withCumberland TCC, LLC, and anyresulting Lease Agreements, inorder to extend certain constructioncommencement and completiondates for projects located at theNorth Coast Harbor and the HarborWest Docks.

Whereas, under Ordinance No. 561-14, passed June 2, 2014, as amendedby Ordinance No. 1507-14, passedDecember 1, 2014, this Council autho-rized the Director of Port Control toenter into a Multi-Phased Option toLease Agreement No. CT 9501 NF2015-35 with Cumberland TCC, LLC(“Cumberland”), and resulting leaseagreements for the development ofproperty commonly known as theHarbor West Docks and three sitesat North Coast Harbor; and

Whereas, changes to the timelinesof certain construction commence-ment and completion dates are nec-essary; and



Section 1. That the Director ofPort Control is authorized to enterinto an amendment to Contract No.CT 9501 NF 2015-35 with Cumberlandto extend the following commence-ment and construction timelines:

a. Phase I – Sites A, B, and Clocated at North Coast Harbor

1. Extend the commencement ofconstruction date for all sites untilJune 14, 2019; and

2. Extend the completion of con-struction date for all sites untilJune 14, 2021 with an option at theDirector of Port Control’s discretionto extend the deadlines for complet-ing the construction of a project aslong as work is actively ongoing atthe site.

b. Phases II, III, and IV locatedat Harbor West Docks (sites D, E,and F behind First Energy Stadium)

1. Reconcile the Option to LeaseDate for all sites to June 14, 2019,with one-year option to extend bythe Director of Port Control; and

2. Modify the commencement ofconstruction dates for all sites toJune 14, 2020 and completion of con-struction to June 14, 2022.

All other terms and conditionscontained in the contract shallremain the same.

Section 2. That the amendmentshall be prepared by the Director ofLaw.


Referred to Directors of Port Con-trol, City Planning Commission,Finance, Law; Committees on Trans-portation, Finance.



An emergency ordinance authoriz-ing the Director of Port Control toenter into a Lease Agreement withF & E Aircraft Maintenance for thelease of certain space in BuildingNo. 101 located at 19200 PrimaryRoad at Cleveland Hopkins Interna-tional Airport for the purpose ofconducting aircraft maintenanceand other support services for vari-ous tenants at the airport, for theDepartment of Port Control, for aperiod of one year, with four one-year options to renew, the second ofwhich shall require additional leg-islative authority.



Section 1. That the Director ofPort Control is authorized to enterinto a Lease Agreement (“Lease”)with F & E Aircraft Maintenance(“Lessee”) for use and occupancy ofapproximately 634 square feet ofspace in Building No. 101 located at19200 Primary Road at ClevelandHopkins International Airport(“Leased Premises”) for the purposeof conducting aircraft maintenanceand other support services for vari-ous tenants at the airport. The termof the Lease shall be for a one-yearperiod, with four one-year options torenew. The first of the one-yearoptions to renew may be exercisedby the Director of Port Control,without the necessity of obtainingadditional authority of this Council.The second one-year option to renewmay not be exercised without addi-tional legislative authority. If suchadditional legislative authority isgranted and the one-year option torenew is exercised, then the thirdand fourth one-year options torenew may be exercisable at theoption of the Director of Port Con-trol, without the necessity of obtain-ing additional authority of thisCouncil. For use of the LeasedPremises during the initial period,Lessee shall pay the City an annu-al rate to be determined by inde-pendent third-party appraisal. Foreach option term exercised, therental rate shall be adjusted basedon the United States Department ofLabor, Consumer Price Index: “AllUrban Consumers” Cleveland andAkron, OH; however not lower thanthe rate during the initial term,payable in monthly installments.

Section 2. That the Lease autho-rized shall be prepared by the Direc-tor of Law.


Referred to Directors of Port Con-trol, Finance, Law; Committees onTransportation, Finance.



An emergency ordinance authoriz-ing the Director of Port Control toenter into a Lease Agreement withMRK Aviation for the lease of cer-tain space in Building No. 217 locat-ed at 6000 North Cargo Road atCleveland Hopkins InternationalAirport for the purpose of conduct-ing air cargo operations and othersupport services for various tenantsat the airport, for the Department ofPort Control, for a period of oneyear, with four one-year options torenew, the second of which shallrequire additional legislativeauthority.



Section 1. That the Director ofPort Control is authorized to enterinto a Lease Agreement (“Lease”)with MRK Aviation (“Lessee”) foruse and occupancy of approximate-ly 11,025 square feet of space inBuilding No. 217 located at 6000North Cargo Road at Cleveland Hop-kins International Airport (“LeasedPremises”) for the purpose of con-ducting air cargo operations andother support services for varioustenants at the airport. The term ofthe Lease shall be for a one-yearperiod, with four one-year options torenew. The first of the one-yearoptions to renew may be exercisedby the Director of Port Control,without the necessity of obtainingadditional authority of this Council.The second of the one-year optionsto renew may not be exercised with-out additional legislative authority.If such additional legislative author-ity is granted and the second of theone-year options to renew is exer-cised, then the third and fourth ofthe one-year options to renew maybe exercised at the option of theDirector of Port Control, without thenecessity of obtaining additionalauthority of this Council. For use ofthe Leased Premises during the ini-tial period, Lessee shall pay the Cityan annual rate of $24,806.25, payablein monthly installments of $2,067.19,which is based on an independentthird-party appraisal. For eachoption term exercised, the rentalrate shall be adjusted based on theUnited States Department of Labor,Consumer Price Index: “All UrbanConsumers” Cleveland and Akron,OH; however not lower than the rateduring the initial term, payable inmonthly installments.





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An emergency ordinance authoriz-ing the Director of Port Control toenter into a Lease Agreement withRPMayer & Associates, LLC for thelease of certain space in variousareas of the terminal building atCleveland Hopkins InternationalAirport for the purpose of operatingand maintaining the Airport’s InlineBaggage Handling System, for theDepartment of Port Control, for aperiod of up to 19 months, with twoone-year options to renew, the sec-ond of which shall require addition-al legislative authority.



Section 1. That the Director ofPort Control is authorized to enterinto a Lease Agreement (“Lease”)with RPMayer & Associates, LLC(“Lessee”) for use and occupancy ofapproximately 4,369 square feet ofspace in various areas of the termi-nal building at Cleveland HopkinsInternational Airport (“LeasedPremises”) for the purpose of oper-ating and maintaining the Airport’sInline Baggage Handling System.The term of the Lease shall be upto nineteen (19) months expiring onDecember 31, 2019, with two one-year options to renew. The first ofthe one-year options to renew maybe exercised by the Director of PortControl, without the necessity ofobtaining additional authority ofthis Council. The second of the one-year options to renew may not beexercised without additional legisla-tive authority. For use of the LeasedPremises during the initial period,Lessee shall pay the City an annu-al rate for each year which will beadjusted based on the airport’s ratesand charges calculation as outlinedin the airline Master Lease andAgreement.






An emergency ordinance authoriz-ing the Director of Port Control toenter into a Lease Agreement withthe United States of America, actingthrough the General Services Admin-istration on behalf of the Trans-portation Security Administrationfor the lease of certain space in theterminal at Cleveland HopkinsInternational Airport for the pur-pose of general office, break rooms,

and storage in support of the pas-senger security checkpoints andother essential security needs inconjunction with the operation ofthe airport, for the Department ofPort Control, for a period of fiveyears, with one five-year option torenew, which shall require addition-al legislative authority.



Section 1. That the Director ofPort Control is authorized to enterinto a Lease Agreement (“Lease”)with the United States of America,acting through the General ServicesAdministration on behalf of theTransportation Security Administra-tion (“Lessee”) for use and occu-pancy of approximately 4,545 squarefeet of space in the terminal atCleveland Hopkins InternationalAirport (“Leased Premises”) for thepurpose of general office, breakrooms, and storage in support of thepassenger security checkpoints andother essential security needs inconjunction with the operation ofthe airport. The term of the Leaseshall be for a period of five years,with one five-year option to renew,which shall require additional leg-islative authority. For use of theLeased Premises during the initialperiod, Lessee shall pay the City theannual rental rate payable in twelveequal months installments subject toannual change based on the air-ports’ approved rates and chargescalculation during the annual bud-get process.




Ord. No. 675-18.By Council Members Griffin, Bran-

catelli and Kelley (by departmentalrequest).

An emergency ordinance authoriz-ing the Director of Aging to conductthe Age Friendly Home InvestmentProgram and to enter into one ormore agreements with up to threeorganizations to develop, operateand implement a comprehensivehome repair and investment pro-gram targeted at eligible Clevelandsenior and adults with disabilities,for a period of one year, with twoone-year options to renew exercis-able by the Director of Aging.

Whereas, the Director of Aging isauthorized to conduct the AgeFriendly Home Investment Program(the “Program”); and

Whereas, the Program will pro-vide an opportunity to expand homerepair options for eligible olderadult Cleveland residents and adultswith disabilities to help them age inplace; and

Whereas, the Program will pro-vide assistance for roof and gutterrepair and replacement, exteriorpainting, porch repairs or replace-ments, installation of ramps or lifts,major electrical work, detachedgarage structural repair or demoli-tion, major plumbing repair includ-ing water tank replacement, brokenwindow repair, sidewalk repair,floor repair, furnace repair orreplacement, driveway patching andrepair; and

Whereas, in compliance with Ohiolaw, the Housing Advisory Board ofthe City of Cleveland, received adescription of the program over aperiod in excess of fifteen (15) days;and



Section 1. That the Director ofAging is authorized to conduct theAge Friendly Home Investment Pro-gram to further the public purposeof rehabilitation of housing for eli-gible City of Cleveland seniors andadults with disabilities.

Section 2. That the Director ofAging is authorized to enter intoone or more contracts with up tothree qualified organizations to pro-vide consultation, development, oper-ation, and implementation of theProgram for a period of one year,with two one-year options to renewexercisable by the Director ofAging. The agreement or agree-ments will contain program para-meters, including application proce-dures, management of constructionservices, paying third parties, dis-bursing funds, and other issuesrelating to implementing the Pro-gram.

Section 3. That the cost of the con-tract or contracts authorized shallbe paid from Fund No. 01-0201-6926,Request No. RQS 0201, RL 2018-45.


Referred to Directors of Aging,Finance, Law; Committees onHealth and Human Services, Devel-opment Planning and Sustainability,Finance.

Ord. No. 676-18.By Council Members Griffin and


ing the Director of Public Health toapply for and accept a grant fromthe United States Department ofHomeland Security for 2018-19Biowatch Program.



Section 1. That the Director ofPublic Health is authorized to applyfor and accept a grant in theapproximate amount of $395,972 and


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any other funds that become avail-able during the grant term, from theUnited States Department of Home-land Security to conduct the 2018-19Biowatch Program in accordancewith the purposes set forth in theobjective and budget; that the Direc-tor of Public Health is authorized tofile all papers and execute all doc-uments necessary to receive thefunds under the grant; and that thefunds are appropriated for the pur-poses in the summary for the grant.

Section 2. That the objective andbudget for the grant, File No. 676-18-A, made a part of this ordinance asif fully rewritten, is approved in allrespects and shall not be changedwithout additional legislativeauthority.

Section 3. That, unless expresslyprohibited by the grant agreement,under Section 108(B) of the Charter,purchases made under the grantagreement may be made throughcooperative arrangements withother governmental agencies. TheDirector of Public Health may signall documents and do all things thatare necessary to make the purchas-es, and may enter into one or morecontracts with the vendors selectedthrough that cooperative process.The contracts shall be paid from thefund or funds to which are creditedany grant funds accepted under thisordinance.

Section 4. That the Director ofPublic Health shall have the author-ity to extend the term of the grantduring the grant term.

Section 5. That the Director ofPublic Health shall deposit thegrant accepted under this ordinanceinto a fund or funds designated bythe Director of Finance to imple-ment the program as described inthe file and appropriated for thatpurpose.



Ord. No. 677-18.By Council Members Griffin and


ing the Director of Public Health toenter into one or more contractswith managed care organizationsfor the City to receive paymentsfrom Medicare, Medicaid, and Med-icaid HMO for treatment servicesunder the Mental Health and Sub-stance Abuse Treatment Program,for a period up to five years.



Section 1. That the Director ofPublic Health is authorized to enterinto one or more contracts withmanaged care organizations for theCity to receive payments from

Medicare, Medicaid, and MedicaidHMO for treatment services underthe Mental Health and SubstanceAbuse Treatment Program (the“Program”), for a period up to fiveyears.

Section 2. That the Director ofPublic Health is authorized tocharge and accept fees from partic-ipants of this Program, includingfirst and third party billings, and todeposit those fees into a fund to bedetermined by the Director ofFinance. The funds will be used toprovide additional services underthe Program and are appropriatedfor that purpose.



Ord. No. 678-18.By Council Members Zone and


ing the Director of Public Safety toenter into an agreement with theCuyahoga County Solid Waste Dis-trict to accept funding in support ofthe Department of Public Safety’sEnvironmental Crimes Task Forcefor purposes, including but not lim-ited to, the purchase of training andequipment to assist in combattingillegal dumping.

Whereas, there is an acknowl-edged problem of illegal dumping ofscrap tires, solid waste, and con-struction debris within the City ofCleveland; and

Whereas, the City has establishedan Environmental Crimes TaskForce (“City Task Force”) com-prised of the offices of Public Safe-ty, Public Health, Building andHousing, Law, and others workingcollaboratively with the City TaskForce to combat illegal dumping inthe City; and

Whereas, the City’s Department ofPublic Safety has established anenvironmental crimes unit that willinvestigate illegal dumping crimesand seek prosecution for thosecrimes; and

Whereas, the Cuyahoga CountySolid Waste District (the “District”),the District authorized payment inan amount of $18,640 to the City ofCleveland Department of PublicSafety to support the environmentalcrimes investigations and enforce-ment activities; and

Whereas, the City wishes toaccept the funding from the District;and



Section 1. That the Director ofPublic Safety is authorized to enterinto an agreement with the Districtto accept funding in support of theCity’s Environmental Crimes Task

Force, in an amount of $18,640 andany other funds that become avail-able during the agreement term, forpurposes, including but not limitedto, the purchase of training andequipment to assist in combattingillegal dumping for the period ofJanuary 1, 2018 through December31, 2018, and those funds are appro-priated for this purpose.

Section 2. That the grant applica-tion package for the grant, present-ed to the Finance Committee of thisCouncil at a public hearing on thislegislation and set forth in File No.678-18-A, is made a part of this ordi-nance as if fully rewritten, isapproved in all respects, and shallnot be changed without additionallegislative authority.

Section 3. That the Director ofPublic Safety is authorized toextend the term of the grant duringthe grant term.

Section 4. That, unless expresslyprohibited by the agreement, underSection 108(b) of the Charter, pur-chases made under the agreementmay be made through cooperativearrangements with other govern-mental agencies. The Director ofPublic Safety may sign all docu-ments and do all things that arenecessary to make the purchases,and may enter into one or more con-tracts with the vendors selectedthrough that cooperative process.The contracts shall be paid from thefund or funds to which are creditedany funds accepted under this ordi-nance.


Referred to Directors of PublicSafety, Finance, Law; Committeeson Safety, Finance.



ing the Director of Public Safety toapply for and accept a grant fromthe Ohio Office of Criminal JusticeServices for the FY 17 State ByrneMemorial Justice Assistance Grantfor the operation of the NorthernOhio Law Enforcement Task Force(NOLETF); and authorizing theDirector to enter into agreementswith various municipalities or gov-ernmental agencies needed to imple-ment the grant.



Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theapproximate amount of $150,000.00,and any other funds that maybecome available during the grantterm from the Ohio Office of Crimi-nal Justice Services to conduct theFY 17 State Byrne Memorial JusticeAssistance Grant for the NorthernOhio Law Enforcement Task Force


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(NOLETF) Program; that the Direc-tor is authorized to file all papersand execute all documents neces-sary to receive the funds under thegrant; and that the funds are appro-priated for the purposes described inthe application for the grant con-tained in the file described below.

Section 2. That the application forthe grant, File No. 679-18-A, made apart of this ordinance as if fullyrewritten, is approved in all respectsand shall not be changed withoutadditional legislative authority.


Section 4. That the Director ofPublic Safety is authorized to enterinto any agreements with variousmunicipalities or governmentalagencies necessary to implement thegrant as described in the file.

Section 5. That, unless expresslyprohibited by the grant agreement,under Section 108(B) of the Charter,purchases made under the grantagreement may be made throughcooperative arrangements withother governmental agencies. TheDirector of Public Safety may signall documents and do all things thatare necessary to make the purchas-es, and may enter into one or morecontracts with the vendors selectedthrough that cooperative process.The contracts will be paid from thefund or funds to which are creditedany grant funds accepted under thisordinance.





ing the Director of Public Safety toapply for and accept a grant fromthe United States Department of Jus-tice’s Bureau of Justice Assistancefor the FY 2017 Byrne Justice Assis-tance Grant (JAG) Local Solicita-tion; and authorizing one or morecontracts with Cuyahoga Countyand the cities of East Cleveland,Euclid, and Cleveland Heights need-ed to implement the grant.



Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theapproximate amount of $557,705, andany other funds that may becomeavailable during the grant termfrom the United States Departmentof Justice’s Bureau of Justice Assis-tance to conduct the FY 2017 ByrneJustice Assistance Grant (JAG)Local Solicitation; that the Directoris authorized to file all papers andexecute all documents necessary to

receive the funds under the grant;and that the funds are appropriatedfor the purposes described in thegrant application for the grant con-tained in the file described below.

Section 2. That the budget detailworksheet and abstract for thegrant, File No. 680-18-A, made a partof this ordinance as if fully rewrit-ten, as presented to the FinanceCommittee of this Council at thepublic hearing on this legislation, isapproved in all respects and shallnot be changed without additionallegislative authority.

Section 3. That the Director ofPublic Safety shall have the author-ity to extend the term of the grantduring the grant term.

Section 4. That the Director ofPublic Safety is authorized to enterinto one or more contracts withCuyahoga County and the cities ofEast Cleveland, Euclid, and Cleve-land Heights needed to implementthe grant as described in the file.

Section 5. That, unless expresslyprohibited by the grant agreement,under Section 108(b) of the Charter,purchases made under the grantagreement may be made throughcooperative arrangements withother governmental agencies. TheDirector of Public Safety may signall documents and do all things thatare necessary to make the purchas-es, and may enter into one or morecontracts with the vendors selectedthrough that cooperative process.

Section 6. That the costs of thecontracts authorized by this ordi-nance shall be paid from the fundor funds to which are credited thegrant proceeds accepted under thisordinance.





ing the Director of Public Safety toapply for and accept a grant fromthe Domestic Violence Child Advo-cacy Center for the Keys 4 DeafAccess grant.



Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theapproximate amount of $21,790.59,and any other funds that maybecome available during the grantterm, from the Domestic ViolenceChild Advocacy Center to conductthe Keys 4 Deaf Access grant, forthe purposes set forth in the appli-cation and according thereto; thatthe Director of Public Safety isauthorized to file all papers andexecute all documents necessary toreceive the funds under the grant;

and that the funds are appropriatedfor the purposes set forth in the filefor the grant.

Section 2. That a copy of the con-tract for services agreement placedin File No. 681-18-A, made a part ofthis ordinance as if fully rewritten,shall not be changed without addi-tional legislative authority.





ing the Director of Public Safety toapply for and accept a grant fromMt. Sinai Health Care Foundationfor the Cleveland Police MindfulnessProgram; and authorizing one ormore agreements with Chris Check-ett and River’s Edge: A Place forReflection and Action to implementthe grant.

Whereas, this Council has deter-mined that it is a proper public pur-pose to provide breakfast and lunchon training days for Clevelandpolice officers and instructors toimplement the Cleveland PoliceMindfulness Program; and



Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theapproximate amount of $22,800, andany other funds that may becomeavailable during the grant termfrom Mt. Sinai Health Care founda-tion to conduct the Cleveland PoliceMindfulness Program; that theDirector is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for the purposesdescribed in the grant applicationfor the grant contained in the filedescribed below.

Section 2. That the summary forthe grant, File No. 682-18-A, made apart of this ordinance as if fullyrewritten, as presented to theFinance Committee of this Councilat the public hearing on this legis-lation, is approved in all respectsand shall not be changed withoutadditional legislative authority.

Section 3. That the Director ofPublic Safety shall have the author-ity to extend the term of the grantduring the grant term.

Section 4. That the Director ofPublic Safety is authorized to enterinto one or more agreements withChris Checkett and River’s Edge: APlace for Reflection and Action toimplement the grant as described inthe file.

Section 5. That, unless expresslyprohibited by the grant agreement,under Section 108(b) of the Charter,


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purchases made under the grantagreement may be made throughcooperative arrangements withother governmental agencies. TheDirector of Public Safety may signall documents and do all things thatare necessary to make the purchas-es, and may enter into one or morecontracts with the vendors selectedthrough that cooperative process.

Section 6. That the Director ofPublic Safety is authorized toexpend grant funds accepted underthis ordinance in order to providebreakfast and lunch on trainingdays for Cleveland police officersand instructors to implement theCleveland Police Mindfulness Pro-gram.

Section 7. That the costs of thecontracts authorized by this ordi-nance shall be paid from the fundor funds to which are credited thegrant proceeds accepted under thisordinance.





ing the Director of Public Safety toapply for and accept a grant fromthe County Public Safety and Jus-tice Services for the FY 2017 Vio-lence Against Women Act (VAWA)grant for a sexual assault advocateunder the Cleveland Domestic Vio-lence Program; and authorizing acontract with the Cleveland RapeCrisis Center.



Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theamount of $36,051.60, and any otherfunds that may become availableduring the grant term, from theCounty Public Safety and JusticeServices to conduct the FY 2017 Vio-lence Against Women Act (VAWA)grant for a sexual assault advocateunder the Cleveland Domestic Vio-lence Program; that the Director isauthorized to file all papers andexecute all documents necessary toreceive the funds under the grant;and that the funds are appropriatedfor the purposes described in theaward letter and subgrant applica-tion contained in the file describedbelow.

Section 2. That the award letterand subgrant application for thegrant, File No. 683-18-A, made a partof this ordinance as if fully rewrit-ten, including the obligation of theCity of Cleveland to provide cashmatching funds in the sum of$12,017.20 from Fund No. 10 SF 027,is approved in all respects and shallnot be changed without additional

legislative authority. (RQS 6001, RL2018-51)


Section 4. That the Director ofPublic Safety is authorized to enterinto one or more contracts with ormake payments to the ClevelandRape Crisis Center to implement thegrant as described in the file.

Section 5. That the costs of thecontract or contracts authorized bythis ordinance shall be paid fromthe fund or funds to which are cred-ited the grant proceeds acceptedunder this ordinance and the cashmatch.





ing the Director of Public Safety toapply for and accept a grant fromthe County Public Safety and Jus-tice Services for the FY 2017 Vio-lence Against Women Act (VAWA)grant for the Cleveland DomesticViolence Program.



Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theamount of $86,582.82 and any otherfunds that may become availableduring the grant term from theCounty Public Safety and JusticeServices to conduct the FY 2017 Vio-lence Against Women Act (VAWA)grant for the Cleveland DomesticViolence Program; that the Directoris authorized to file all papers andexecute all documents necessary toreceive the funds under the grant;and that the funds are appropriatedfor the purposes described in thesubgrant application title page forthe grant contained in the filedescribed below.

Section 2. That the subgrant appli-cation title page for the grant, FileNo. 684-18-A, made a part of thisordinance as if fully rewritten, aspresented to the Finance Committeeof this Council at the public hearingon this legislation, including theobligation of the City of Clevelandto provide $28,860.94 in cash match-ing funds from Fund No. 10 SF 027,is approved in all respects and shallnot be changed without additionallegislative authority. (RQS 6001, RL2018-48)


Section 4. That, unless expresslyprohibited by the grant agreement,

under Section 108(b) of the Charter,purchases made under the grantagreement may be made throughcooperative arrangements withother governmental agencies. TheDirector of Public Safety may signall documents and do all things thatare necessary to make the purchas-es, and may enter into one or morecontracts with the vendors selectedthrough that cooperative process.That the costs of the contract orcontracts authorized by this ordi-nance shall be paid from the fundor funds to which are credited thegrant proceeds accepted under thisordinance and the cash match.





ing the Director of Public Safety toenter into one or more contractswith Radio One for professional ser-vices necessary to implement the2018 police, fire, and emergencymedical service recruitment andawareness advertising campaignand to continue the Guardians of theLand overlay campaign, for a peri-od of one year.



Section 1. That the Director ofPublic Safety is authorized to enterinto one or more contracts withRadio One for professional servicesnecessary to implement the 2018police, fire, and emergency medicalservice recruitment and awarenessadvertising campaign and to contin-ue the Guardians of the Land over-lay campaign based upon their pro-posal dated January 4, 2018, for theDepartment of Public Safety, for aperiod of one year. The contract orcontracts shall be paid from FundNo. 01 SF 001, RQS 6001, RL 2018-27.



Ord. No. 686-18.By Council Members Keane and


ing the Director of Public Utilitiesto consent to assignment of ContractNo. 69444 from Dominion Productsand Services, Inc. to HomeServe USARepair Management Corp.


790

Whereas, under Ordinance No. 500-08, passed June 2, 2008, the Directorof Public Utilities entered into Con-tract No. 69444 with Dominion Prod-ucts and Services, Inc. (“Dominion”)to develop, market and implement,and manage a Water and Sewer Ser-vice Line Residential Service Con-tract and Protection Plan Programfor a period of five years, with onefive-year option to renew whichrequired additional legislation toexercise; and

Whereas, under Ordinance No. 988-14, passed November 17, 2014 , whileexercising the option to renew, theDirector of Public Utilities alsoreceived authority to amend Con-tract No. 69444 to add the WaterHeater Repair and ReplacementPlan Program; and

Whereas, Ordinance No. 988-14 alsoreconfigured the five-year option toa term of three years with one-two-year option to renew, whichrequired additional legislation toexercise; and

Whereas, Ordinance No. 1086-17,passed December 4, 2017, exercisedthat option to renew for an addi-tional two years; and

Whereas, Dominion and Home-Serve USA Repair ManagementCorp. (“HomeServe”) have requestedconsent of the City to assignment ofContract No. 69444 to HomeServeand HomeServe has stated its inten-tion to undertake the delivery oblig-ations of Dominion under the con-tract; and



Section 1. That the Director ofPublic Utilities is authorized to con-sent to the request of Dominion andHomeServe to assign the deliveryobligations of Dominion under Con-tract No. 69444 to HomeServe todevelop, market and implement, andmanage a Water and Sewer ServiceLine Residential Service Contractand Protection Plan Program and aWater Heater Repair and Replace-ment Plan Program for the remain-der of the existing two-year term.

Section 2. That the Director ofPublic Utilities is authorized to exe-cute all documents and do all thingsnecessary and appropriate to effectsuch consent to assignment. A copyof the assignment shall be filed inthe office of the Commissioner ofAccounts.

Section 3. That this assignmentshall be prepared and approved bythe Director of Law and shall con-tain such provisions as she deemsnecessary to protect and benefit thepublic interest.


Referred to Directors of PublicUtilities, Finance, Law; Committeeson Utilities, Finance.



ing the Director of Public Utilitiesto enter into one or more require-ment contracts without competitivebidding with TPG Pressure, Inc. dbaThompson Pipe Group - Pressure forthe purchase of concrete pipeadapters, repair saddles and acces-sories, for the Division of Water,Department of Public Utilities, for aperiod not to exceed two years.



Section 1. That this Council deter-mines that the within commoditiesare non-competitive and cannot besecured from any source other thanTPG Pressure, Inc. dba ThompsonPipe Group - Pressure. Therefore,the Director of Public Utilities isauthorized to make one or morewritten requirement contracts withTPG Pressure, Inc. dba ThompsonPipe Group - Pressure, at a cost notto exceed $380,000, for the require-ments for a period not to exceed twoyears of the necessary items of con-crete pipe adapters, repair saddlesand accessories, to be purchased bythe Commissioner of Purchases andSupplies on a unit basis, for theDivision of Water, Department ofPublic Utilities.

Section 2. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amountof any purchase under the contract,each of which purchases shall bemade on order of the Commissionerof Purchases and Supplies by adelivery order issued against thecontract or contracts and certifiedby the Director of Finance. (RQN2002, RL 2018-13)





ing the Director of Public Utilitiesto exercise the first option to renewContract No. RCD 2016-2 with Craun-Liebing Co. to provide Gorman-Rupppump equipment and parts and forrepair, replacement, and mainte-nance on Gorman-Rupp pump equip-ment.

Whereas, under the authority ofOrdinance No. 867-15, passed August19, 2015, the Director of Public Util-ities entered into Contract No. RCD2016-2 with Craun-Liebing Co to pro-vide Gorman-Rupp pump equipmentand parts and for repair, replace-ment, and maintenance on Gorman-Rupp pump equipment; and

Whereas, Ordinance No. 867-15requires further legislation beforeexercising the first option to renewon this contract; and



Section 1. That the Director ofPublic Utilities is authorized toexercise the first option to renewContract No. RCD 2016-2 for an addi-tional year with Craun-Liebing Co.to provide Gorman-Rupp pumpequipment and parts and for repair,replacement, and maintenance onGorman-Rupp pump equipment.





ing the Director of Public Utilitiesto exercise the first options torenew various contracts for generaltraining to supplement the depart-ment’s employee training and devel-opment program, for the Departmentof Public Utilities.

Whereas, under the authority ofOrdinance No. 1108-15, passedNovember 9, 2015, the Director ofPublic Utilities entered into Con-tract Nos. CT 2002 PS 2016-258 withKent State University and CT 2002PS 2016-291 with Operator TrainingCommittee of Ohio, Inc. (OTCO); and

Whereas, Ordinance No. 1108-15requires further legislation beforeexercising the first option to renewon these contracts; and



Section 1. That the Director ofPublic Utilities is authorized toexercise the first option to renew onContract No. CT 2002 PS 2016-258with Kent State University for gen-eral training to supplement thedepartment’s employee training anddevelopment program, for theDepartment of Public Utilities.

Section 2. That the Director ofPublic Utilities is authorized toexercise the first option to renew onContract No. CT 2002 PS 2016-291with OTCO in the total approximateamount of $40,000, for general train-ing to supplement the department’semployee training and developmentprogram, for the Department of Pub-lic Utilities.

Section 3. That the cost of theoption to renew Contract No. CT2002 PS 2016-291 with OTCO shall bepaid from Fund Nos. 52 SF 001 and54 SF 001, Request No. RQS 2002, RL2018-42.


791





ing the Director of Public Utilitiesto exercise the first option to renewContract No. RC 2016-98 with Pro-Tech Systems Group, Inc. to main-tain the SCADA and PCCS Systems,including replacement parts, equip-ment, software, upgrades and otherservices, support, and maintenancefor the operation of the systems; andauthorizing the director to apply forand accept funding from the North-east Ohio Regional Sewer Districtunder the Community Cost ShareProgram.

Whereas, under the authority ofOrdinance No. 796-14, passed July 16,2014, the Director of Public Utilitiesentered into Contract No. RC 2016-98with Pro-Tech Systems Group, Inc. tomaintain the SCADA and PCCS Sys-tems, including replacement parts,equipment, software, upgrades andother services, support, and mainte-nance for the operation of the sys-tems; and

Whereas, Ordinance No. 796-14requires further legislation beforeexercising the first option to renewon this contract; and



Section 1. That the Director ofPublic Utilities is authorized toexercise the first option to renewContract No. RC 2016-98 for an addi-tional year with Pro-Tech SystemsGroup, Inc. to maintain the SCADAand PCCS Systems, includingreplacement parts, equipment, soft-ware, upgrades and other services,support, and maintenance for theoperation of the systems.

Section 2. That the Director ofPublic Utilities is authorized toapply for and accept funding fromthe Northeast Ohio Regional SewerDistrict under the NEORSD Commu-nity Cost Share Program for Con-tract No. RC 2016-98 with Pro-TechSystems Group, Inc. to maintain theSCADA and PCCS Systems, includ-ing replacement parts, equipment,software, upgrades and other ser-vices, support, and maintenance forthe operation of the systems; thatthe Director is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe program; and that the funds areappropriated for the purposesdescribed in this ordinance.

Section 3. That the cost of theoption to renew Contract No. RC2016-98 with Pro-Tech SystemsGroup, Inc. shall be paid from FundNo. 54 SF 001 and from the fund orfunds to which are credited the

NEORSD Community Cost Share Pro-gram funds, Request No. RQN 2003,RL 2018-11.





ing the Director of Public Utilitiesto enter into one or more contractswith Windstream Lines for telecom-munication service lines needed forAutomated Meter Reading (AMR),SCADA control, security cameras,and telephones at Ledge Tower,Darrow Tower, Shepard Tower andthe South Twinsburg Tower locatedin Twinsburg, Northfield, and Mace-donia, Ohio, which are outside ofCuyahoga County and beyond theAT&T service area; and to authorizepayment of monthly charges toWindstream, for a period up to threeyears.



Section 1. That the Director ofPublic Utilities is authorized toenter into one or more contractswith Windstream Lines (“Wind-stream”) for telecommunication ser-vice lines needed for AutomatedMeter Reading (AMR), SCADA con-trol, security cameras, and tele-phones at multiple locations of out-lying water towers, pump stations,and facilities located in areas whichare outside of Cuyahoga County andbeyond the AT&T service area, fora period up to three years, in anamount not to exceed $325,000. Theagreement will include the City’sobligation to pay monthly charges.

Section 2. That the Agreementshall be prepared by the Director ofLaw.

Section 3. That the costs of thecontract or contracts and applicablesubscription and service fees autho-rized by this ordinance shall be paidfrom Fund No. 52 SF 001, RequestNo. RQS 2002, RL 2018-40.





mining the method of making thepublic improvement of constructing

the State Road water main replace-ment project in the City of NorthRoyalton; and authorizing the Direc-tor of Public Utilities to enter intoone or more public improvement con-tracts for the making of theimprovement.



Section 1. That, under Section 167of the Charter of the City of Cleve-land, this Council determines tomake the public improvement ofconstructing the State Road watermain replacement project in the Cityof North Royalton, for the Divisionof Water, Department of Public Util-ities, by one or more contracts dulylet to the lowest responsible bidderor bidders after competitive biddingon a unit for the improvement.

Section 2. That the Director ofPublic Utilities is authorized toenter into one or more contracts forthe making of the public improve-ment with the lowest responsiblebidder or bidders after competitivebidding on a unit basis for theimprovement, provided, however,that each separate trade and eachdistinct component part of theimprovement may be treated as aseparate improvement, and each, orany combination, of the trades orcomponents may be the subject of aseparate contract on a unit basis.

Section 3. That the Director ofPublic Utilities is authorized toapply and pay for permits, licenses,or other authorizations required byany regulatory agency or publicauthority to permit performance ofthe work authorized by this ordi-nance.

Section 4. That the cost of theimprovement and other expendituresauthorized shall be paid from FundNo. 52 SF 001 and from the fund orfunds to which are credited the pro-ceeds from the sale of future waterbonds, if issued for this purpose,Request No. RQS 2002, RL 2018-33.





ing the Director of Public Utilitiesto employ one or more consultantsor vendors to provide professionalservices necessary to perform gen-eral information technologyimprovements to departmental ITsystems, equipment, infrastructure,and telecommunications; to enterinto various contracts to implementthis ordinance; for a period of oneyear.

Whereas, general informationtechnology services are needed tomanage the day-to-day operations


792

and to ensure the security and reli-ability of the Department of PublicUtilities’ IT systems and infrastruc-tures; and



Section 1. That the Director ofPublic Utilities is authorized toemploy by contract or contracts oneor more consultants or vendors, orone or more firms of consultants orvendors for the purpose of supple-menting the regularly employedstaff of the several departments ofthe City of Cleveland in order to pro-vide storage and server hosting ser-vices, cloud migration and othercloud services, back up storage, net-working equipment, intrusion pro-tection, Customer Care & Billingsoftware licenses and callcenter/VOIP managed services. Thisis a part of the 2018 operating planfor DPU. Legislation is to lead to acontract or contracts for the term ofone year.

Section 2. The Director of PublicUtilities is authorized to acquire oneor more software licenses and appli-cations from one or more consul-tants, computer software developers,or vendors or one or more firms ofconsultants, computer softwaredevelopers, or vendors necessary toimplement this ordinance, which arenot obtained under a professionalservices contract authorized in Sec-tion 1 of this ordinance.

Section 3. The selection of the con-sultants, computer software devel-opers, or vendors for the servicesdescribed in Sections 1 and 2 of thisordinance, shall be made by theBoard of Control on the nominationof the Director of Public Utilitiesfrom a list of qualified consultants,computer software developers, orvendors available for employmentas may be determined after a fulland complete canvass by the Direc-tor of Public Utilities for the pur-pose of compiling a list. The com-pensation to be paid for the servicesshall be fixed by the Board of Con-trol. The contract or contracts autho-rized shall be prepared by the Direc-tor of Law, and approved and certi-fied by the Director of Finance.

Section 4. That the Director ofPublic Utilities is authorized tomake one or more written standardpurchase contracts and writtenrequirement contracts under theCharter and the Codified Ordinancesof Cleveland, Ohio, 1976, for a peri-od of one year, for the necessaryitems of materials, equipment, sup-plies, and services not obtainedunder Sections 1 or 2 of this ordi-nance, including labor and materialsif necessary, to be purchased by theCommissioner of Purchases and Sup-plies on a unit basis for the Depart-ment of Public Utilities. Bids shallbe taken in a manner that permitsan award to be made for all itemsas a single contract, or by separatecontract for each or any combina-tion of the items as the Board ofControl determines.

Section 5. That the Director ofPublic Utilities is authorized toenter into any third-party softwarelicense agreements that are neces-sary to implement this ordinance.

Section 6. That the costs of therequirement contract or contractsshall be charged against the properappropriation accounts and theDirector of Finance shall certify theamount of any purchase under thecontract, each of which purchasesshall be made on order of the Com-missioner of Purchases and Suppliesby a delivery order issued againstthe contract or contracts and certi-fied by the Director of Finance.

Section 7. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative arrange-ments with other governmentalagencies. The Director of PublicUtilities may sign all documentsthat are necessary to make the pur-chases, and may enter into one ormore contracts with the vendorsselected through that cooperativeprocess.

Section 8. That the cost of the con-tracts authorized shall be paid fromFund No. 52 SF 001, RQS 2002, RL2018-43.





ing the Director of Public Utilitiesto employ one or more professionalconsultants necessary to maintaincontrol systems; authorizing the pur-chase by one or more requirementcontracts of labor and materials nec-essary to maintain control systems,including replacement parts, equip-ment, computer software, softwareupgrades, support software, soft-ware implementation, systemchanges, configurations, program-ming, training, upgrades, servicesand support and maintenance, andsoftware related components neces-sary for the operation of the sys-tems; and authorizing the Directorto enter into one or more require-ment contracts with various compa-nies to provide critical proprietarycomponents for the systems, for theDivisions of Water, Water PollutionControl, and Cleveland PublicPower, Department of Public Utili-ties for a period up to two years.



Section 1. That the Director ofPublic Utilities is authorized toemploy by contract or contracts oneor more consultants, computer soft-ware developers, or vendors or oneor more firms of consultants, com-puter software developers, or ven-dors for the purpose of supplement-ing the regularly employed staff ofthe several departments of the Cityof Cleveland necessary to designsoftware or acquisition of software

licenses, updates, applications, andperipheral ancillary devices, andother related professional services,including but not limited to, main-tenance and installation, needed tomaintain control systems for a peri-od up to two years.

Section 2. The selection of the con-sultants, computer software devel-opers, or vendors for the servicesdescribed above, shall be made bythe Board of Control on the nomi-nation of the Director of Public Util-ities from a list of qualified consul-tants, computer software developers,or vendors available for employmentas may be determined after a fulland complete canvass by the Direc-tor of Public Utilities for the pur-pose of compiling a list. The com-pensation to be paid for the servicesshall be fixed by the Board of Con-trol. The contract or contracts autho-rized shall be prepared by the Direc-tor of Law, approved by the Direc-tor of Public Utilities, and certifiedby the Director of Finance.

Section 3. That the Director ofPublic Utilities is authorized tomake one or more written require-ment contracts under the Charterand the Codified Ordinances ofCleveland, Ohio, 1976, for therequirements for a period up to twoyears, of the necessary items of thefollowing requirements which arenot obtained under a professionalservices contract authorized in thisordinance: labor and materials nec-essary to maintain control systems,including replacement parts, equip-ment, computer software, softwareupgrades, support software, soft-ware implementation, systemchanges, configurations, program-ming, training, upgrade, servicesand support and maintenance, andsoftware related components neces-sary for the operation of the sys-tems, in the approximate amount aspurchased during the precedingterm, to be purchased by the Com-missioner of Purchases and Supplieson a unit basis for the Divisions ofWater, Water Pollution Control, andCleveland Public Power, Departmentof Public Utilities. Bids shall betaken in a manner that permits anaward to be made for all items asa single contract, or by separatecontract for each or any combina-tion of the items as the Board ofControl determines. Alternate bidsfor a period less than the specifiedterm may be taken if desired by theCommissioner of Purchases and Sup-plies until provision is made for therequirements for the entire term.

Section 4. That this Council deter-mines that the within commoditiesare non-competitive and cannot besecured from any source other thanHSQ Technology, Hach Company,Advanced Control Systems, Inc., fkaEFACEC ASC, Inc., and Rexel Inc.Therefore, the Director of PublicUtilities is authorized to make oneor more written requirement con-tracts with HSQ Technology, HachCompany, Advanced Control Sys-tems, Inc., fka EFACEC ASC, Inc.,and Rexel Inc., for the requirementsfor a period not to exceed a periodup to two years, of the necessaryitems of materials, equipment, sup-plies, services, software, softwareintegration, labor, and training nec-essary, as appropriate, to repair,replace, or maintain critical propri-etary components of the systems, tobe purchased by the Commissioner


793

FIRST READING ORDINANCES REFERRED

Ord. No. 628-18.

By Council Member Griffin.

An ordinance changing the Use, Area and Height of parcels of land between East 110th Street and East 115th

Street north of Martin Luther King, Jr. Drive and south of Woodland Avenue for the Legacy Pointe at St. Luke’s

Hospital housing development as shown on the attached map (Map Change No. 2582).

Be it ordained by the Council of the City of Cleveland:

Section 1. Situated in the City of Cleveland, County of Cuyahoga, of Ohio and known as being all of Sublot

Nos. 1 thru 19 both inclusive, 33 thru 39, both inclusive and part of Sublot Nos. 20 thru 32, both inclusive in the

Frank Kysela’s Allotment of a Part of Original 100 Acre Lot Nos 419 and 427, as shown by the recorded plat in

794


of Purchases and Supplies on a unitbasis, for the Divisions of Water,Water Pollution Control, and Cleve-land Public Power, Department ofPublic Utilities.

Section 5. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amountof the initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisition againstthe contract or contracts certified bythe Director of Finance. (RQN 2002,RL 2018-12)

Section 6. That the Director ofPublic Utilities is authorized to signany third party software licenseagreements necessary to effect thepurposes of this ordinance.

Section 7. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative agree-ments with other governmentalagencies. The Director of PublicUtilities may sign all documentsthat are necessary to make the pur-chases, and may enter into one ormore contracts with the vendorsselected through that cooperativeprocess.





ing the Director of Public Utilitiesto employ one or more professionalconsultants to perform engineeringdesign of various water main renew-al, repair, and replacement projects,for a period up to four years.



Section 1. That the Director ofPublic Utilities is authorized toemploy by contract or contracts oneor more consultants or one or morefirms of consultants for the purposeof supplementing the regularlyemployed staff of the several depart-ments of the City of Cleveland in

order to provide professional ser-vices necessary to perform engi-neering design of various watermain renewal, repair, and replace-ment projects, for a period up tofour years.

The selection of the consultant orconsultants for the services shall bemade by the Board of Control on thenomination of the Director of PublicUtilities from a list of qualified con-sultants available for employmentas may be determined after a fulland complete canvass by the Direc-tor of Public Utilities for the pur-pose of compiling a list. The com-pensation to be paid for the servicesshall be fixed by the Board of Con-trol. The contract or contracts autho-rized shall be prepared by the Direc-tor of Law, approved by the Direc-tor of Public Utilities, and certifiedby the Director of Finance.

Section 2. That the cost of the con-tract or contracts authorized shallbe paid from Fund No. 52 SF 001 andfrom the fund or funds to which arecredited the proceeds from the saleof future water bonds, if issued forthis purpose, Request No. RQS 2002,RL 2018-35.





ing the purchase by one or morerequirement contracts of pumps,electric motors, controls, transform-ers, circuit breakers, switchgear andappurtenances, and for materials,equipment, supplies, parts, and ser-vices necessary to test, maintain,replace, and repair water pumps,electric motors, controls, transform-ers, circuit breakers, switchgear andappurtenances, including but notlimited to inspection, supplies,repairing, testing, labor, and instal-lation, if necessary, for the Divisionof Water, Department of Public Util-ities, for a period up to two years.



Section 1. That the Director ofPublic Utilities is authorized to

make one or more written require-ment contracts under the Charterand the Codified Ordinances ofCleveland, Ohio, 1976, for therequirements for a period up to twoyears, of the necessary items ofpumps, electric motors, controls,transformers, circuit breakers,switchgear and appurtenances, andfor materials, equipment, supplies,parts, and services necessary to test,maintain, replace, and repair waterpumps, electric motors, controls,transformers, circuit breakers,switchgear and appurtenances,including but not limited to inspec-tion, supplies, repairing, testing,labor, and installation, if necessary,in the approximate amount as pur-chased during the preceding term, tobe purchased by the Commissionerof Purchases and Supplies on a unitbasis for the Division of Water,Department of Public Utilities. Bidsshall be taken in a manner that per-mits an award to be made for allitems as a single contract, or by sep-arate contract for each or any com-bination of the items as the Boardof Control determines. Alternatebids for a period less than the spec-ified term may be taken if desiredby the Commissioner of Purchasesand Supplies until provision is madefor the requirements for the entireterm.

Section 2. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amountof any purchase under the contract,each of which purchases shall bemade on order of the Commissionerof Purchases and Supplies by adelivery order issued against thecontract or contracts and certifiedby the Director of Finance. (RQN2002, RL 2018-14).

Section 3. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative arrange-ments with other governmentalagencies. The Director of PublicUtilities may sign all documentsthat are necessary to make the pur-chases, and may enter into one ormore contracts with the vendorsselected through that cooperativeprocess.



Volume 25 of Maps, Page 24 of Cuyahoga County Records. All of Sublots Nos. 15 thru 22 both inclusive in J.H.

Behm’s and H.A. Stahl’s Woodland Heights Subdivision of a part of the Original 100 Acre Lot No 419, as shown

by the recroded plat in Volume 34, of Maps, Page 4 of Cuyahoga County Reords; being also a part of Hulda

Avenue S.E., 40 and 50 feet in width, as vacated in Volume 207 of Maps, page 52 and Volume 313 of Maps, Page

23 of Cuyahoga County Records, Together with other lands in the Original 100 Acre Lot No. 427 (also known St.

Luke’s Redevelopment Subdivision part of the Original 100 Acre Lot Nos. 419 & 427); that the use District of lands

fully bounded and described as follows:

Beginning at the intersection of Martin Luther King, Jr. Drive (formerly East Boulevard) and East 110th Street;

Thence, northerly along the centerline of East 110th Street to its intersection with the westerly prolongation

of the southerly line of Sublot No. 16 in the Barbara & Albert Statsny Subdivision as recorded in the Cuyahoga

County Map Records Book 32 Page 24;

Thence, easterly along said southerly line to its intersection with the easterly line thereof;

Thence, southerly along said easterly line and its prolongation to its intersection with the northwesterly cor-

ner of a parcel of land conveyed to STL Housing, LLC and also known as Cuyahoga County Permanent Parcel

No. 128-03-048;

Thence, easterly along the northerly line and its prolongation of said parcel to its intersection with the cen-

terline of East 111th Street;

Thence, northerly along said centerline to its intersection with the centerline of Glencrest Court;

Thence, easterly along said centerline to its intersection with East 111th Place;

Thence, northerly along said centerline to its intersection with the centerline of Stastny Court;

Thence, easterly along said centerline to its intersection with the centerline of East 112th Street;

Thence, northerly along said centerline to its intersection with the westerly prolongation of a northerly line of

a parcel of land conveyed to STL Housing, LLC by Deed dated November 14, 2006 and recorded in AFN 200611140996

and also known as Cuyahoga County Permanent Parcel No. 128-03-029 or as Sublot No. 35 in the St. Luke’s Rede-

velopment Subdivision No. 2 part of the Original 100 Acre Lot Nos. 419 & 427 as shown in Volume 346, Page 25

of Cuyahoga County Map Records;

Thence, easterly along northerly line of said parcel to its intersection with an easterly line thereof;

Thence, southerly along said easterly line to its intersection with a northerly line thereof;

Thence, easterly along said northerly line to its intersection with the westerly line of a parcel of land con-

veyed to Sophia D. Harmon by deed dated February 19, 2015 and also known as Cuyahoga County Permanent

Parcel No. 128-04-067;

Thence, southerly along said westerly line and its prolongation to its intersection with the centerline of Glen-

crest Court;

Thence, westerly along said centerline to its intersection with the centerline of Britt Oval;

Thence, northerly and westerly along the centerline of Britt Oval to a point and southerly along said center-

line to its intersection with the centerline of Martin Luther King, Jr. Drive (formerly East Boulevard);

Thence, westerly and then northerly along said centerline to the place of origin;

And as identified on the attached map shall be changed to an ‘Multifamily District’, a ‘G’ Area District and a ‘2’

Height District;

Section 2. That the change of zoning of lands described in Section 1 shall be identified as Map Change No.

2582, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk

of Council and on file in the office of the City Planning Commission by the appropriate person designated for

this purpose by the City Planning Commission.

Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by

law.

795


Referred to Directors of City Planning Commission, Law; Committee on Development Planning and Sustain-

ability.

Ord. No. 629-18.

By Council Member Santana.

An ordinance changing the Use, Area, and Height Districts of parcels along the eastern side of West 25th Street

south of Sackett/Valentine Avenue east to SR-176 and south to I-71 (Map Change No. 2581)


Section 1. That the Use District of lands bounded and described as follows:

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio and known as being various sublots

in the East View Addition and Extension Subdivision of part of Original Brooklyn Township Lots Numbers 66,

67, 72 and 73, as recorded in Volume 16, Page 18 of Cuyahoga County Map Records and described as follows:

Beginning at the intersection of the centerline of Sackett Avenue and West 25th Street;

Thence, easterly along Sackett Avenue with its intersection with the centerline of Scranton Road;

Thence, southwesterly along Scranton Road to its intersection with the centerline of Valentine Avenue;

Thence, easterly along Valentine Avenue to its intersection with the centerline of I-71;

Thence, southerly along I-71 to a point and continuing southerly and westerly along said interstate;

Thence, continuing along I-71 to its intersection with the centerline of West 25th Street;

Thence, northeasterly along centerline of West 25th Street to its intersection with the centerline of Sackett

Avenue and its point of origin;

And as identified on the attached map shall be changed to an ‘Institutional Research’ District, a ‘K’ Area Dis-

trict and a ‘6’ Height District;

Section 2. That the change of zoning of lands described in Section 1 shall be identified as Map Change No.





law.

796



ability.

Ord. No. 630-18.

By Council Member McCormack.

An ordinance changing the Use, Area, and Height Districts of parcels of land on West 44th Street between

Whitman Avenue and John Court and adding zero foot and eight foot mapped setbacks. (Map Change No. 2583)


Section 1. Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and being known as being

Sublot No. 650 & 651 in Barber and Lord’s Subdivision of part of Original Brooklyn Township Lots Nos. 51, 52, 69

and 70, as shown by the recorded plat in Volume 11 of Maps, Page 26 of Cuyahoga County Records, and that the

Use District of lands bounded and described as follows:

Beginning at the intersection of the centerlines of West 44th Street and Whitman Avenue;

Thence, northerly along West 44th Street to its intersection with the centerline of John Court;

Thence, northeasterly along John Court to its intersection with the northwesterly prolongation of the easterly

line of a parcel of land conveyed to Jennifer Prugh by Warranty Deed dated March 21, 2014 and also known as

Cuyahoga County Permanent Parcel Number 003-29-054;

Thence, southeasterly along said easterly line to its intersection with the centerline of Whitman Avenue;

Thence, southwesterly along Whitman Avenue to its intersection with the centerline of West 44th Street and

its point of origin;

And as identified on the attached map shall be changed to a ‘Townhouse RA-1’ District, a ‘D’ Area District and

a ‘1’ Height District;

Section 2. That a mapped Building Setback of zero (0) feet shall be established on the easterly side of West

44th Street between Whitman Avenue and John Court as shown on the attached map.

Section 3. That a mapped Building setback of eight (8) feet be established on the northerly side of Whitman

Avenue between West 44th Street and the southwesterly corner of a parcel of land conveyed to Jennifer Prugh

by Warranty Deed dated March 21, 2014 and also known as Cuyahoga County PPN 003-29-054 as shown on the

attached map.

Section 4. That the change of zoning of lands described in Sections 1-3 shall be identified as Map Change No.





law.

797



ability.

FIRST READING EMERGENCYRESOLUTION REFERRED

Res. No. 627-18.By Council Members McCormack

and Zone.An emergency resolution support-

ing House Bill 160, the Ohio Fair-ness Act which prohibits discrimi-nation based on sexual orientationor gender identity or expression.

Whereas, although 84% ofOhioans believe it is illegal, firingsomeone because of their sexual ori-entation is actually legal in Ohio;and

Whereas, laws discriminatingagainst the LGBT community canand do drive away tourism, busi-ness, and top talent needed to filljobs; and

Whereas, North Carolina’s anti-LGBT law cost it’s economy $100million dollars due to the relocationof the 2017 All-Star Game from Char-lotte to New Orleans; further, NorthCarolina lost more than 2000 newjobs due to canceled corporateinvestments; and

Whereas, businesses want toinvest in states that foster diversi-ty, inclusion and a robust workforceand therefore look to states withLGBT non-discrimination protectionsas a reason to invest; and

Whereas, there are 21 stateswhere consumers and employees areprotected from being denied jobs,housing and services based uponperceived sexual orientation or gen-der identity; and

Whereas, Ohio can avoid competi-tive risks and win investment, busi-ness, and talent by sending a clearand consistent signal that the LGBTcommunity is fully welcome here;and

Whereas, House Bill 160, the OhioFairness Act, expands existing pro-hibitions against various unlawfuldiscriminatory practices to apply todiscriminatory practices based onsexual orientation or gender identi-ty or expression; and

Whereas, this resolution consti-tutes an emergency measure for theimmediate preservation of publicpeace, property, health or safety,now, therefore,

Be it resolved by the Council ofthe City of Cleveland

Section 1. That this Council here-by supports House Bill 160, the OhioFairness Act, which prohibits dis-crimination based on sexual orien-tation or gender identity or expres-sion.

Section 2. That the Clerk of Coun-cil is directed to transmit copies ofthis resolution to all members of theOhio legislature.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Committee onFinance.

FIRST READING EMERGENCYORDINANCES READ IN FULL

AND PASSED

Ord. No. 625-18.By Council Member Kelley.An emergency ordinance authoriz-

ing the Clerk of Council to enterinto one or more internship agree-ments with various individuals to

provide assistance to the Office ofthe Clerk and the members of Cleve-land City Council in any and allmatters related to official Councilbusiness.



Section 1. That the Clerk of Coun-cil is authorized to enter into one ormore internship agreements withvarious individuals to provide assis-tance to the Office of the Clerk andthe members of Cleveland CityCouncil in any and all matters relat-ed to official Council business, asmay be directed by the Clerk or herdesignees. The agreements may befor terms of any number of weeksstarting on or after May 1, 2018 andending on or before May 1, 2019.The individuals shall be paid on anhourly basis in an amount up to andnot to exceed $15.00 per hour andshall be certified from fund number01, subfund 001, department 0101,object 6320.


Motion to suspend rules, Charter,and statutory provisions and placeon final passage.

The rules were suspended. Yeas17. Nays 0. Read second time. Readthird time in full. Passed. Yeas 17.Nays 0.

Ord. No. 636-18.By Council Member Griffin.An emergency ordinance amend-

ing the Title and Sections 1. And 2of Ordinance No. 739-17 passed June7, 2017 as it pertains to authorizingthe Director of the Department ofCommunity Development to enterinto agreement with the ClevelandCultural Gardens Federation for theOne World Day Centennial Expothrough the use of Wards 2, 5, 6, 7,8, 10, 11, 12, 14, 15, 16 and 17 Casi-no Revenue Funds.



Section 1. That the Title and Sec-tions 1 and 2 of Ordinance No. 739-17 passed June 7, 2017 are herebyamended to read as follows:

An emergency ordinance authoriz-ing the Director of the Departmentof Community Development to enterinto agreement with the ClevelandCultural Gardens Federation for theOne World Day Centennial Expothrough the use of Wards 2, 5, 6, 7,8, 10, 11, 12, 14, 15, 16 and 17 Casi-no Revenue Funds.

Section 1. That the Director of theDepartment of Community Develop-ment is hereby authorized to enterinto agreement effective June 1,2017 for the One World Day Cen-tennial Expo for the public purpose

of providing educational program-ming and activities on the diverseethnic population and various cul-tures that are present in the city ofCleveland through the use of Wards2, 5, 6, 7, 8, 10, 11, 12, 14, 15, 16 and17 Casino Revenue Funds.

Section 2. That the cost of saidcontract shall be in an amount notto exceed $9,700 and shall be paidfrom Fund No. 10 SF 188.

Section 2. That the Title and Sec-tions 1 and 2 of Ordinance No. 739-17 passed June 7, 2017 are herebyrepealed.




Ord. No. 637-18.By Council Member Kelley.An emergency ordinance amend-

ing the Title and Section 1 of Ordi-nance No. 961-17 passed August 16,2017 as it pertains to authorizing theDirector of the Department of Pub-lic Health to enter into an agree-ment with Ohio University for theAspiring Doctors PreCollege Pro-gram through the use of Ward 13Casino Revenue Funds.



Section 1. That the Title and Sec-tion 1 of Ordinance No. 961-17 passedAugust 16, 2017 are hereby amendedto read as follows:

An emergency ordinance authoriz-ing the Director of the Departmentof Public Health to enter into anagreement with Ohio University forthe Aspiring Doctors PreCollegeProgram through the use of Ward13 Casino Revenue Funds.

Section 1. That the Director of theDepartment of Public Health ishereby authorized to enter intoagreement effective September 1,2017 with Ohio University for theAspiring Doctors PreCollege Pro-gram for the public purpose of pro-viding educational programmingand mentoring for city of Clevelandyouth who are interested in a med-ical career through the use of Ward13 Casino Revenue Funds.

Section 2. That the Title and Sec-tion 1 of Ordinance No. 961-17 passedAugust 16, 2017 are hereby repealed.

Section 3. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in force


798

from and after the earliest periodallowed by law.



Ord. No. 638-18.By Council Member Griffin.An emergency ordinance authoriz-

ing the Director of the Departmentof Public Works to enter into agree-ment with the Karamu House forthe Karamu Arts Recreational MusicProgram through the use of Ward 6Casino Revenue Funds.



Section 1. That the Director of theDepartment of Public Works is here-by authorized to enter into agree-ment effective February 1, 2018 withthe Karamu House for the KaramuArts Recreational Music Programfor the public purpose of providingafter-school music and dramatic artseducation to youth residing in thecity of Cleveland through the use ofWard 6 Casino Revenue Funds.


Section 3. That the Director ofLaw shall prepare and approve saidcontract and that the contract shallcontain such terms and provisionsas he deems necessary to protect theCity’s interest.




Ord. No. 639-18.By Council Member Cleveland.An emergency ordinance authoriz-

ing and directing the Director ofCapital Projects to issue a permit toBurten, Bell, Carr Development tostretch a banner at East 55th Streetand Scovill Avenue, near East Tech-nical High School, for the periodfrom June 1, 2018 to June 30, 2018,inclusive, publicizing the AnnualWard 5 Family Festival.



Section 1. That notwithstandingthe provision of Section 623.13 of theCodified Ordinances, of Cleveland,Ohio, 1976, the Director of theDepartment of Capital Projects ishereby authorized and directed to

issue a permit to Burten, Bell, CarrDevelopment to stretch a banner atEast 55th Street and Scovill Avenue,near East Technical High School,for the period from June 1, 2018 toJune 30, 2018, inclusive. Said bannershall be approved by the Director ofCapital Projects, in consultationwith the Director of Public Safety,as to type, method of affixing andlocation so as not to interfere withany sign erected and maintainedunder the requirements of law orordinance. The permission of theowner of any pole from which a ban-ner will be hung must be obtainedprior to issuance of the permit. Nocommercial advertising shall beprinted or permitted on said bannerand said banner shall be removedpromptly upon the expiration of saidpermit.

Section 2. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.



Ord. No. 640-18.By Council Members McCormack

and Zone.An emergency ordinance consent-

ing and approving the issuance of apermit for the Rite Aid 2018 Cleve-land Marathon, Half Marathon &10K Course on May 20, 2018.



Section 1. That pursuant to Sec-tion 411.06 of the Codified Ordi-nances of Cleveland, Ohio 1976, thisCouncil consents to and approvesthe holding of the Rite Aid 2017Cleveland Marathon. MarathonCourse, start: start on Ontario Streetjust south of Huron Road; turn right(east) on South Roadway becomesEuclid Avenue; turn left (north) onEast 17th Street; turn left (west) onSt. Clair Avenue; turn right (north)on East 9th Street; turn left (west)on Al Lerner Way; turn left (south)on West 3rd Street; turn right(west) on Lakeside Avenue becomesMain Avenue; turn left (south) onOld River Road; turn right (south)on Robert Lockwood Drive; turnright (southwest) on ColumbusRoad; turn left (south) on ColumbusRoad; turn left (east) on CarterRoad; turn left (north) on CarterRoad; turn right (east) on CanalRoad; turn left (south) on West 3rd;turn right (west) on JeffersonAvenue; turn right (north) on West5th; turn left (west) on Literary;turn left (south) on West 7th Street;turn right (west) on JeffersonAvenue; turn right (west) on Stark-weather Avenue; turn right (north)on West 14th; turn right (east) onKenilworth; turn diagonal (east) onLiterary; turn left (north) on West

10th; turn left (west) on University;turn left (south) on West 11th; turnright (west) on Abbey; turn right(north) on Gehring; turn left (west)on Lorain Avenue; turn right(north) on West 25th Street; left(west) on Franklin Boulevard; turnright (north) on West 74th Street;turn left (west) on Detroit Avenue;turn right (north) on West Boule-vard; turn left (west) on CliftonBlvd.; turn right (north) on West115th Street; turn left (west) onLake Avenue, out of the city limits;return to the city limits (north) onWest 117th Street; turn right (east)on Edgewater Drive; turn left(north) on Cliff Drive (continuestraight on West Boulevard); turnleft (east) on Memorial Shorewayentrance ramp; turn right (south) onWest 73rd Street; turn right (west)on Father Frascati Drive; turn left(south) on West 74th Street; turnleft (east) on Detroit Avenue; finishon Detroit/Superior before West 3rdStreet. Half Marathon Course, start:turn right (north) on West 65thStreet; turn left (west) on WestClinton Avenue; make a 180 degreeturn on West Clinton; turn left(north) on West 65th Street; turnright (east) on Detroit Avenue(back on Marathon Course). 10KCourse, start: start on Ontario Streetjust south of Huron Road; turn right(east) on South Roadway becomesEuclid Avenue; turn left (north) onEast 17th Street; turn left (west) onSt. Clair Avenue; turn right (north)on East 9th Street; turn left (west)on Al Lerner Way; turn left (south)on West 3rd Street; turn right(west) on Lakeside Avenue becomesMain Street; turn left (south) on OldRiver Road; turn right (south) onRobert Lockwood, Jr. Drive; turnright (southwest) on ColumbusRoad; turn left (south) on ColumbusRoad; turn right (west) on AbbeyAvenue; turn right (north) onGehring Street; turn left (south-west) on Lorain/Carnegie Avenue;turn right (north) on West 25thStreet; turn left (west) on FranklinBoulevard; turn right (north) onWest 29th Street; turn right (east)on Detroit; finish on Detroit/Superi-or before West 3rd Street; providedthat the applicant sponsor shallmeet all the requirements of Section411.05 of the Codified Ordinances ofCleveland, Ohio, 1976. Streets may beclosed as determined by the Chief ofPolice and safety forces as may benecessary in order to protect theparticipants in the event. Said per-mit shall further provide that theCity of Cleveland shall be fullyindemnified from any and all liabil-ity resulting from the issuance ofthe same, to the extent and in formsatisfactory to the Director of Law.

Section 2. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.




799

Ord. No. 641-18.By Council Member Cleveland.An emergency ordinance authoriz-

ing the Director of the Departmentof Public Health to enter into agree-ment with The Sisters of Charity ofSt. Augustine Health System, Inc.,for the Building Healthy Communi-ties Program through the use ofWard 5 Casino Revenue Funds.



Section 1. That the Director of theDepartment of Public Health ishereby authorized to enter into anagreement effective April 1, 2018with The Sisters of Charity of St.Augustine Health System, Inc., forthe Building Healthy CommunitiesProgram for the public purpose ofproviding after-school educationalprogramming for youths and adultsresiding in the city of Clevelandthrough the use of Ward 5 CasinoRevenue Funds.


Section 3. That the Director ofLaw shall prepare and approve saidcontract and that the contract shallcontain such terms and provisionsas he deems necessary to protect theCity’s interest.




Ord. No. 642-18.By Council Member Bishop.An emergency ordinance authoriz-

ing the issuance of a Mobile Permitto Alivia Leeth of Arrogant Appar-el to engage in mobile vending inWard 2.

Whereas, pursuant to Section675.07 of the Codified Ordinances ofCleveland, Ohio, 1976, (the “CodifiedOrdinances”) the consent of Councilexpressed by ordinance is a prereq-uisite to peddling upon public rightsof way outside of the Central Busi-ness District; and

Whereas, Council has consideredthe request of Alivia Leeth of Arro-gant Apparel to engage in mobilevending outside of the Central Busi-ness district, and has determinedthat it is in the public interest toallow Alivia Leeth of ArrogantApparel to engage in mobile vend-ing in Ward 2; and



Section 1. That this Council con-sents, as required by, Section 675.08of the Codified Ordinances to allowto Alivia Leeth of Arrogant Appar-el to engage in mobile vending inthe public rights of way in Ward 2.

Section 2. That all of the require-ments of Chapter 675 of the CodifiedOrdinances shall apply to the per-sons named in Section 1 of this ordi-nance.

Section 3. That the privilegegranted may be revoked at any timeby this Council.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.



Ord. No. 643-18.By Council Member Bishop.An emergency ordinance authoriz-

ing the issuance of a Mobile Permitto Jeffrey Dalton of TMobile toengage in mobile vending in Ward2.


Whereas, This Council has con-sidered the request of Jeffrey Dal-ton of TMobile to engage in mobilevending outside of the Central Busi-ness district, and has determinedthat it is in the public interest toallow Jeffrey Dalton of TMobile toengage in mobile vending in Ward2; and



Section 1. That this Council con-sents, as required by, Section 675.08of the Codified Ordinances to allowto Jeffrey Dalton of TMobile toengage in mobile vending in thepublic rights of way in Ward 2.






Ord. No. 644-18.By Council Members Bishop,

McCormack and B. Jones.An emergency ordinance authoriz-

ing the issuance of a Mobile Permitto Lavelle Ross of Goodfellas IceCream to engage in mobile vendingin Wards 2, 3 and 7.


Whereas, This Council has con-sidered the request of Lavelle Rossof Goodfellas Ice Cream to engagein mobile vending outside of theCentral Business district, and hasdetermined that it is in the publicinterest to allow Lavelle Ross ofGoodfellas Ice Cream to engage inmobile vending in Wards 2, 3 and 7;and



Section 1. That this Council con-sents, as required by, Section 675.08of the Codified Ordinances to allowto Lavelle Ross of Goodfellas IceCream to engage in mobile vendingin the public rights of way in Wards2, 3 and 7.






Ord. No. 645-18.By Council Member McCormack

and B. Jones.An emergency ordinance authoriz-

ing the issuance of a Mobile Permitto Shawn Stephens of ShawnStephens Ice Cream to engage inmobile vending in Wards 3 and 7.


Whereas, This Council has con-sidered the request of ShawnStephens of Shawn Stephens Ice


800

Cream to engage in mobile vendingoutside of the Central Business dis-trict, and has determined that it isin the public interest to allowShawn Stephens of Shawn StephensIce Cream to engage in mobile vend-ing in Ward2 3 and 7; and



Section 1. That this Council con-sents, as required by, Section 675.08of the Codified Ordinances to allowto Shawn Stephens of ShawnStephens Ice Cream to engage inmobile vending in the public rightsof way in Wards 3 and 7.






FIRST READING EMERGENCYRESOLUTIONS READ IN FULL

AND ADOPTED

Res. No. 631-18.By Council Member Bishop.An emergency resolution object-

ing to a New C1 Liquor Permit at3643 East 116th Street.

Whereas, Council has been noti-fied by the Division of Liquor Con-trol of an application for a New C1Liquor Permit at Waheeb Zahriyeh,DBA Kwick Food Shop, 3643 East116th Street, Cleveland, Ohio 44105,Permit Number 9345590; and

Whereas, the granting of thisapplication for a liquor permit tothis high crime area, which isalready saturated with other liquoroutlets, is contrary to the best inter-ests of the entire community; and

Whereas, the applicant does notqualify to be a permit holder and/orhas demonstrated that he has oper-ated his liquor business in disregardof the laws, regulations or localordinances of this state or any otherstate; and

Whereas, the place for which thepermit is sought has not conformedto the building, safety or healthrequirements of the governing bodyof this County or City; and

Whereas, the place for which thepermit is sought is so arranged orconstructed that law enforcementofficers or agents of the Division ofLiquor Control are prevented rea-sonable access to the establishment;and

Whereas, the place for which thepermit is sought is so located with

respect to the neighborhood that itsubstantially interferes with publicdecency, sobriety, peace or goodorder; and

Whereas, this objection is basedon other legal grounds as set forthin Revised Code Section 4303.292;and

Whereas, this resolution consti-tutes an emergency measure provid-ing for the immediate preservationof the public peace, prosperity, safe-ty and welfare pursuant to Section4303.26 of the Ohio Revised Code.Council’s objection to said permitmust be received by the Superinten-dent of Liquor Control within 30days of notification; now, therefore,


Section 1. That Council does here-by record its objection to a New C1Liquor Permit at Waheeb Zahriyeh,DBA Kwick Food Shop, 3643 East116th Street, Cleveland, Ohio 44105,Permit Number 9345590, andrequests the Superintendent ofLiquor Control to set a hearing forsaid application in accordance withprovisions of Section 4303.26 of theRevised Code of Ohio.

Section 2. That the Clerk of Coun-cil be and she is hereby directed totransmit two certified copies of thisresolution, together with two copiesof a letter of objection and twocopies of a letter requesting that thehearing be held in Cleveland, Cuya-hoga County.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Motion to suspend rules, Charter,and statutory provisions and placeon final adoption.

The rules were suspended. Yeas17. Nays 0. Read second time. Readthird time in full. Adopted. Yeas17. Nays 0.

Res. No. 632-18.By Council Member Kazy.An emergency resolution with-

drawing objection to the transfer ofstock of a C2, C2X and D6 LiquorPermit at 4282 West 130th Street andrepealing Resolution No. 1383-17,objecting to said transfer.

Whereas, this Council objected tothe transfer of stock of a C2, C2Xand D6 Liquor Permit to Jay SadhiMataji, Inc., DBA JJ’s Grab & Go,4282 West 130th Street, Cleveland,Ohio 44135, Permit Number 4248575by Resolution No. 1383-17 adopted bythe Council on November 13, 2017;and

Whereas, this Council wishes towithdraw its objection to the abovetransfer and consents to said trans-fer; and

Whereas, this resolution consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,


Section 1. That objection to a C2,C2X and D6 Liquor Permit to JaySadhi Mataji, Inc., DBA JJ’s Grab &Go, 4282 West 130th Street, Cleve-land, Ohio 44135, Permit Number

4248575 by Resolution No. 1383-17adopted by the Council on November13, 2017, containing such objection,be and the same is hereby repealedand that this Council consents to theimmediate transfer thereof.

Section 2. That this resolution ishereby declared to be an emergencymeasure and provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.




drawing objection to the transfer ofstock of a C1 and C2 Liquor Permitat 4051 West 140th Street and repeal-ing Resolution No. 465-17, objectingto said transfer.

Whereas, this Council objected tothe transfer of stock of a C1 and C2Liquor Permit to Shree Hari Conve-nient LLC, 4051 West 140th Street,Cleveland, Ohio 44135, Permit Num-ber 8112875 by Resolution No. 465-17adopted by the Council on April 24,2017; and




Section 1. That objection to a C1and C2 Liquor Permit to Shree HariConvenient LLC, 4051 West 140thStreet, Cleveland, Ohio 44135, PermitNumber 8112875 by Resolution No.465-17 adopted by the Council onApril 24, 2017, containing such objec-tion, be and the same is herebyrepealed and that this Council con-sents to the immediate transferthereof.





drawing objection to the transfer ofstock of a D5 and D6 Liquor Permitat 13999 Lorain Avenue, 1st floorand basement and repealing Reso-lution No. 1158-17, objecting to saidtransfer.


801

Whereas, this Council objected tothe transfer of stock of a D5 and D6Liquor Permit to D & S Auto Sales,Inc., DBA Normandy Tavern &Patio, 13999 Lorain Avenue, 1st floorand basement, Cleveland, Ohio 44111,Permit Number 1883154 by Resolu-tion No. 1158-17 adopted by the Coun-cil on September 18, 2017; and




Section 1. That objection to a D5and D6 Liquor Permit to D & S AutoSales, Inc., DBA Normandy Tavern& Patio, 13999 Lorain Avenue, 1stfloor and basement, Cleveland, Ohio44111, Permit Number 1883154 byResolution No. 1158-17 adopted bythe Council on September 18, 2017,containing such objection, be andthe same is hereby repealed andthat this Council consents to theimmediate transfer thereof.





drawing objection to the transfer ofownership of a C2, C2X and D6Liquor Permit at 4282 West 130thStreet and repealing Resolution No.1384-17 objecting to said permit.

Whereas, this Council objected toa transfer of ownership of a C2, C2Xand D6 liquor permit to Hira AaravCorp., DBA JJ’s Grab & Go, 4282West 130th Street, Cleveland, Ohio44111, Permit Number 3874771 byResolution No. 1384-17 adopted bythe Council on November 13, 2017;and

Whereas, this Council wishes towithdraw its objection to the abovepermit and consents to said permit;and



Section 1. That objection to thetransfer of ownership of a C2, C2Xand D6 liquor permit to Hira AaravCorp., DBA JJ’s Grab & Go, 4282West 130th Street, Cleveland, Ohio44111, Permit Number 3874771, beand the same is hereby withdrawnand Resolution No. 1384-17, contain-ing such objection, be and the sameis hereby repealed and that thisCouncil consents to the immediatepermit thereof.




SECOND READING EMERGENCYORDINANCES PASSED

Ord. No. 1455-17.By Council Member Conwell.An emergency ordinance desig-

nating Glenville Seventh DayAdventist Church as a ClevelandLandmark.

Approved by Directors of CityPlanning Commission, Law; Passagerecommended by Committee onDevelopment Planning and Sustain-ability.


Ord. No. 1457-17.By Council Member Conwell.An emergency ordinance desig-

nating the Integrated Faith Assem-bly Church (Oheb Zedek Syna-gogue) as a Cleveland landmark.





ing the City to purchase electricityand/or gas from an electric genera-tion services provider and/or gasservices provider for City buildingsand to participate with the Cleve-land Municipal School District andthe Northeast Ohio Regional SewerDistrict, jointly or severally, in aRequest for Proposals to procuresuch services; authorizing relativeagreements; and the employment ofone or more professional energy con-sultants for consulting services,including but not limited to energyprocurement and management, for aperiod up to three years, with twoone-year options to renew, exercis-able by the Director of Finance.

Approved by Directors of Finance,Law; Passage recommended by Com-mittees in Utilities, Finance.


Ord. No. 296-18.By Council Member B. Jones.An emergency ordinance desig-

nating the Eleanor Rainey Memori-al Institute (aka Willson AvenueBoys Club) as a Cleveland Land-mark.




Brancatelli and Kelley (by depart-mental request).

An emergency ordinance authoriz-ing the Director of Economic Devel-opment to enter into a loan agree-ment with Playhouse Square Foun-dation, or its designee, to provideeconomic development assistance topartially finance the development ofa residential tower and parkinggarage located at East 17th Streetand Euclid Avenue, and other asso-ciated costs necessary to redevelopthe property.

Approved by Directors of Eco-nomic Development, Finance, Law;Passage recommended by Commit-tees on Development Planning andSustainability, Finance.




An emergency ordinance authoriz-ing the Director of Port Control toexercise the third option to renewContract No. LS 2018-3 with theCleveland Browns Stadium CompanyLLC to provide for the use of thewarehouse on City Dock 32, locatedat 101 Erieside Avenue.

Approved by Directors of PortControl, Finance, Law; Passage rec-ommended by Committees on Trans-portation, Finance.




An emergency ordinance authoriz-ing the Director of Port Control toexercise the second option to renewContract No. CT 3001 PS 2016-77 withDLZ Ohio, Inc. to provide on-call sur-veying services for the various divi-sions of the Department of Port Con-trol.





An emergency ordinance authoriz-ing the Director of Port Control toexercise the second option to renewContract No. CT 3001 PS 2016-78 withKS Associates, Inc. to provide on-call surveying services for the vari-ous divisions of the Department ofPort Control.


802




Brancatelli and Kelley (by depart-mental request).

An emergency ordinance authoriz-ing the Director of Economic Devel-opment to enter into a Tax Incre-ment Financing Agreement withPlayhouse Square Foundation, or itsdesignee, to support debt servicerelated to the project and to assistwith the development of a residen-tial tower and parking garage atEast 17th Street and Euclid Avenue;to provide for payments to theCleveland City School District; andto declare certain improvements toreal property to be a public purpose.

Approved by Directors of Eco-nomic Development, City PlanningCommission, Finance, Law; Passagerecommended by Committees onDevelopment Planning and Sustain-ability, Finance.


Ord. No. 419-18.By Council Members Keane, John-

son and Kelley (by departmentalrequest).

An emergency ordinance authoriz-ing the Director of Capital Projectsto apply for and accept a GreenInfrastructure Grant from the North-east Ohio Regional Sewer Districtand other grants and gifts from var-ious public and private entities forthe Albers Avenue parking lot pro-ject; determining the method ofmaking the public improvement; andauthorizing contracts to constructand design the improvement andother contracts that are necessary toimplement the project.

Approved by Directors of CapitalProjects, City Planning Commission,Finance, Law; Passage recommend-ed by Committees on Municipal Ser-vices and Properties, Finance, whenamended, as follows:

1. Strike Section 8 in its entirety;and renumber existing Sections 9and 10 to “Section 8” and “Section 9”.

Amendment agreed to.The rules were suspended. Yeas

17. Nays 0. Read second time. Readthird time in full. Passed. Yeas 17.Nays 0.

In compliance with Section 33 ofthe Charter a copy of the legislationwas furnished to each member ofCouncil before final passage.



An emergency ordinance authoriz-ing the Director of Port Control toenter into one or more contractswith Harris Corp. fka Excelis, Inc.for professional services necessaryto provide, maintain, install, andupgrade the noise monitoring equip-ment and software required for FAAPart 150 adherence, for a period ofone year, with three one-yearoptions to renew, the second of

which would require additional leg-islative authority.





mining the method of making thepublic improvement of constructingthe East 185th Street and MarcellaRoad, Memphis Avenue, HenningerRoad, Almira Avenue, and West 3rdStreet area sewer replacement orrehabilitation projects, which mayinclude but not be limited toinstalling manholes and catchbasins; authorizing the Director ofPublic Utilities to enter into one ormore public improvement contractsto construct the improvement; autho-rizing the director to employ one ormore professional consultants nec-essary to design the improvement;authorizing the director to apply forand accept any loans or grants fromany public or private entity, includ-ing but not limited to, the NortheastOhio Regional Sewer District forCommunity Cost Share Programfunding, for this purpose; and autho-rizing the director to apply and payfor permits, licenses, and otherauthorizations required for theimprovement.

Approved by Directors of PublicUtilities, Finance, Law; Passage rec-ommended by Committees on Utili-ties, Finance.




ing the Director of Public Utilitiesto exercise the first option to renewContract No. MA RC 2017-59 withNorris Brothers Co., Inc. to providerigging services for the various divi-sions of the Department of PublicUtilities.





ing the Director of Public Utilitiesto exercise the first option to renewContract No. CT 2002 PS 2016-71 withOne Call Concepts Locating Ser-vices, Inc. for utility locating andmarking underground infrastructureand related activities, for theDepartment of Public Utilities.




Kelley (by departmental request).An emergency ordinance to amend

Ordinance No. 1292-15, passed Decem-ber 7, 2015 and Ordinance No. 543-17,passed June 5, 2017, relating to pub-lic improvement contracts for vari-ous sewer construction projects andconstructing and repairing catchbasins and manholes to includeCommunity Cost Share Programfunding from the Northeast OhioRegional Sewer District.





An emergency ordinance authoriz-ing the Director of Economic Devel-opment to enter into one or moreagreements with FUSE Corps,and/or its designee, for the place-ment of an executive fellow withinthe Department of Economic Devel-opment and for related services, fora period up to seventeen months.

Approved by Directors of Eco-nomic Development, Finance, Law;Passage recommended by Commit-tees on Development Planning andSustainability, Finance.



departmental request).An emergency ordinance approv-

ing the collective bargaining agree-ment with the Fraternal Order ofPolice, Lodge No. 8 (FOP); and toamend Section 55 of Ordinance No.323-15, passed March 30, 2015, asamended by Ordinance No. 381-15,passed April 13, 2015, relating tocompensation for various classifica-tions.

Approved by Directors of HumanResources, Finance, Law; Passagerecommended by Committee onFinance.



Kelley (by departmental request).An emergency ordinance to amend

the title and Section 1 of OrdinanceNo. 803-16, passed August 10, 2016,relating to one or more contractswith Janet Zweig, LLC for profes-sional services necessary for thedesign, production, and installationof a yet-to-be designed public art-work associated with, and installedat, the new Cleveland Kennel.

Approved by Directors of CapitalProjects, Finance, Law; Passage rec-ommended by Committees on Munic-ipal Services and Properties,Finance.



803

Ord. No. 499-18.By Council Members Hairston,

Johnson and Kelley (by departmen-tal request).

An emergency ordinance authoriz-ing the Director of Public Works toenter into one or more ConcessionAgreements for the operation of con-cession stands at Gordon Park andBrookside Park, for the Departmentof Public Works, for a period not toexceed three years.

Approved by Directors of PublicWorks, Finance, Law; Passage rec-ommended by Committees on Munic-ipal Services and Properties,Finance, when amended, as follows:

1. In the title, line 5, after “Brook-side Park” insert “; and to enter intoa license agreement with Kamm’sCorners Development Corporation tomanage the restroom and kitchenfacilities at Impett Park during spe-cial events”.

2. Insert new Section 2 to read asfollows: “Section 2. That the Direc-tor of Public Works is authorized toenter into a license agreement withKamm’s Corners Development Cor-poration to manage the restroomand kitchen facilities at ImpettPark during special events. Thelicense agreement shall not exceeda term of three years.”.

3. Renumber existing Section 2 tonew Section 3.

Amendments agreed to.The rules were suspended. Yeas



Ord. No. 504-18.By Mayor Jackson, Council Mem-

bers Zone and Kelley.An emergency ordinance authoriz-

ing the Director of Community Rela-tions to enter into one or more con-tracts with Mental Health Servicesfor Homeless Persons, Inc. dbaFrontline Service for professionalservices necessary to provide toxicstress and trauma managementtraining for Division of Recreationstaff to assist youths and their fam-ilies that frequent recreation cen-ters, for a period of one year, witha one-year option to renew.

Approved by Directors of Commu-nity Relations, Finance, Law; Pas-sage recommended by Committeeson Safety, Finance.




Section 37 of Ordinance 323-15,passed March 30, 2015, as amendedby Ordinance No. 321-18, passedMarch 26, 2018, relating to compen-sation for various classifications.





Section 52 of Ordinance No. 323-15,passed March 30, 2015, as amendedby Ordinance No. 403-15, passedApril 27, 2015, relating to compen-sation for various classifications.





Sections 22, 28, and 59 of OrdinanceNo. 323-15, passed March 30, 2015, asamended by various ordinances,relating to compensation for variousclassifications.




departmental request).An emergency ordinance approv-

ing the collective bargaining agree-ment with the Cleveland PolicePatrolmen’s Association; and toamend Section 56 of Ordinance No.323-15, passed March 30, 2015, asamended by Ordinance No. 1228-15,passed October 19, 2015, relating tocompensation for various classifica-tions.

Approved by Directors of HumanResources, Finance, Law; Passagerecommended by Committee onFinance, when amended, as follows:

1. In Section 2, at the classifica-tion entitled: “1. Patrol Officer I”,strike the minimum rate of“$63,219.35” and insert “$62,019.35”; atthe classification entitled “2. PatrolOfficer II”, strike the maximum rateof $54,968.85” and insert “$56,768.85”;and at the classification entitled “3.Patrol Officer III”, strike the maxi-mum rate of $53,055.72” and insert“$54,855.72”.





departmental request).An emergency ordinance to make

additional appropriations of One Mil-lion, Ninety Eight Thousand, ThreeHundred Fifty Five ($1,098,355) tothe Enterprise Fund.

Approved by Directors of Finance,Law; Passage recommended by Com-mittee on Finance, when amended,as follows:

1. In the title, line 8, and in Sec-tion 1, line 6, strike “one option” andinsert “one one-year option”.

Amendment agreed to.



Those voting yea: Council Mem-bers Bishop, Brady, Brancatelli,Cleveland, Conwell, Griffin, Hair-ston, B. Jones, J. Jones, Johnson,Keane, Kelley, McCormack,Polensek, Santana, and Zone.

Those voting nay: Council MemberKazy.



ing the Director of Public Works toemploy one or more professionalconsultants to provide turf and land-scaping maintenance and services atHighland Park Golf Course, for aperiod of one year, with a one-yearoption to renew, exercisable by theDirector of Public Works.

Approved by Directors of PublicWorks, Finance, Law; Passage rec-ommended by Committees on Munic-ipal Services and Properties,Finance, when amended, as follows:

1. In Section 3, line 5, after “(RQN”insert “7013, RL 2014-16”.




Ord. No. 574-18.By Council Member Brady.An emergency ordinance to sup-

plement the Codified Ordinances ofCleveland Ohio, 1976 by amendingSections 630.01 and 630.02 as amend-ed by Ordinance No. 665-16, passedAugust 10, 2016 and by repealingSection 630.03 as amended by Ordi-nance No. 141-09, passed March 30,2009 relating to criminal activitynuisances.

Approved by Directors of PublicSafety, Finance, Law; Passage rec-ommended by Committees on Safety,Finance.


SECOND READING ORDINANCE PASSED

Ord. No. 367-18.By Council Member McCormack.An ordinance changing the Uses

and Area Districts of parcels of landnorthwest of Chatham Avenuebetween West 32nd Street and West31st Street and adding zero foot andseven foot mapped setbacks asshown on the attached map (MapChange No. 2579).




804

Resolution No. 190-18.

By Director Cox.

Whereas, by Ordinance No. 1061-14, passed by the Cleveland City Council on September 15, 2014, as amended by

Ordinance No. 96-15, passed on February 2, 2015, the Council authorized the Director of Public Works to enter into

one or more agreements with the Group Plan Commission, an Ohio non-profit corporation, regarding the redevel-

opment, construction, operations and programming of Public Square; and

Whereas, C.O. Section 131.07 requires a party conducting a “special event”, as defined in said Section to obtain

a permit; and

Whereas, Board of Control Resolution No. 161-91, adopted March 20, 1991, as amended by Resolution No. 359-16,

adopted August 10, 2016, established certain user rentals for special events located, wholly or in part, on prop-

erty owned or maintained by the City of Cleveland; and

Whereas, agreements entered into between the City of Cleveland and the Group Plan Commission delegate the

responsibility for administration of the use of Public Square and the issuance of special event permits to the

Group Plan Commission; and

Whereas, upon review of the recommendations of the Group Plan Commission regarding special event permit

fees, the City wishes to revise the schedule of reservation fees for special events on Public Square for the oper-

ations and programming of Public Square; now, therefore,

Be it resolved by the Board of Control of the City of Cleveland that effective upon the adoption of this reso-

lution, as authorized by the Property Operations and Programming Agreement dated June 30, 2016 between the

City and the Group Plan Commission, and Resolution No. 161-91, adopted March 20, 1991, as amended by Resolu-

tion No. 359-16, adopted August 10, 2016, establishing user rental rates for portions of Public Square, the follow-

ing schedule of reservation rates is approved for all special, events located on Public Square:

805


MOTION

The Council Meeting adjourned at8:22 p.m. to meet on Monday, May 21,2018, at 7:00 p.m. in the CouncilChamber.

Patricia J. BrittCity Clerk, Clerk of Council

THE CALENDAR

The following measures will be ontheir final passage at the next meet-ing:

NONE

BOARD OF CONTROL

May 9, 2018

The meeting of the Board of Con-trol convened in the Mayor’s officeon Wednesday, May 9, 2018 at 10:40a.m. with Acting Director Horvathpresiding.

Present: Acting Director Horvath,Directors Dumas, Davis, Kennedy,Gordon, Menesse, Acting DirectorBrown, Director McNamara, andInterim Director Donald.

Absent: Mayor Jackson, DirectorsCox, McGrath, and West.

Others: Tiffany White Johnson,Commissioner Purchases & Supplies.

Matthew Spronz, Director Mayor’sOffice of Capital Projects.

Michael Curry, Acting Director,Office of Equal Opportunity.

Resolution No. 186-18.By Director Davis.Be it resolved, by the Board of

Control of the City of Cleveland thatthe employment of the followingsubcontractor by Terrace Construc-tion Company, Inc. under ContractNo. PI2018*3 for the public improve-ment of the East 103rd Street and

Colonial Avenue Sewer Project, forthe Division of Water Pollution Con-trol, Department of Public Utilities,is approved:

SUBCONTRACTOR CSB/MBE/FBEWORK

Concrete Cutting & Breaking Co. Non-Certified

$1,000.00(.0008%)

Yeas: Acting Director Horvath,Directors Dumas, Davis, Kennedy,Gordon, Menesse, Acting DirectorBrown, Director McNamara, andInterim Director Donald.

Nays: None.Absent: Mayor Jackson, Directors

Cox, McGrath, and West.

Resolution No. 187-18.By Director Davis.Be it resolved, by the Board of

Control of the City of Cleveland thatall bids received on March 2, 2018for the public improvement of WaterMain Maintenance and InsulationReplacement on Bridge Crossingsfor the Division of Water, Depart-ment of Public Utilities, under theauthority of Ordinance No. 698-16,passed July 13, 2016, are rejected.




Resolution No. 188-18.By Director Davis.Be it resolved by the Board of

Control of the City of Cleveland thatthe bid of E Technologies for anestimated quantity of labor andmaterials for maintenance of unin-terruptible power supply systems,appurtenances, and specialized bat-teries, Group 1 - all items, Group 2- all items, and Group 3 - all itemsfor the various Divisions of theDepartment of Public Utilities, for aperiod of two years starting uponthe later of the execution of a con-tract or the day following expirationof the currently effective contractfor the goods or services, receivedon March 7, 2018 under the authori-ty of Ordinance No. 704-16, passedJuly 13, 2016, which on the basis ofthe estimated quantity would

amount to $386,971.80 (2%, 10 Days),is affirmed and approved as the low-est and best bid, and the Director ofPublic Utilities is requested to enterinto a requirement contract for thegoods and/or services necessary forthe specified items.

The requirement contract shallfurther provide that the Contractorshall furnish all the City’s require-ments for such goods and/or ser-vices, whether more or less than theestimated quantity, as may beordered under delivery orders sepa-rately certified to the contract.




Resolution No. 189-18.By Director Spronz.Whereas, under authority of Ordi-

nance No. 584-17, passed by theCleveland City Council on June 5,2017, this Board of Control, by itsResolution No. 525-17, adopted Octo-ber 11, 2017, approved Terrace Con-struction Company Inc. as lowestresponsible bidder for the publicimprovement of Circle Drive (May-field Rd. to E. 116th Street), for theDivision of Engineering and Con-struction, Office of Capital Projects,in the aggregate amount of$1,268,387.15; and

Whereas, Terrace Constructionwishes to use the services of anadditional subcontractor; now, there-fore,

Be it resolved by the Board ofControl of the City of Cleveland thatthe employment of the followingadditional subcontractor by TerraceConstruction for the above men-tioned public improvement isapproved:

Engineered Concrete Structures Corp.

($32,000.00)




Resolution No. 191-18.By Director Cox.Whereas, under the authority of

Ordinance No. 844-2000, passed bythe Council of the City of Clevelandon June 19, 2000, the City of Cleve-land, through its Director of PublicWorks, entered into a lease(“Lease”) with Josh Simon(“Lessee”) for the use of certainland located at 7654 BroadwayAvenue for construction and opera-tion of a parking lot; and

Whereas, under the terms of Sec-tion 13.1 of the Lease, Lessee shallnot assign, sell, transfer, convey,mortgage or otherwise dispose ofthe Lease, or its right to execute it,or its right, title or interest in it orto it, or any part thereof, or assign,by power of attorney, or otherwise,any of the monies due or to becomedue under the contract, except byprior written consent of the City’sBoard of Control; and

Whereas, Lessee notified the Cityby electronic mail on March 5, 2018that he wishes to assign the Leaseto 7710 BROADWAY AVENUEPROPCO LLC and effectively

requested the Board of Control’s con-sent to the assignment; now, there-fore,

Be it resolved by the Board ofControl of the City of Cleveland thatthis Board consents to the assign-ment of the aforementioned Leasefrom Josh Simon to 7710 BROAD-WAY AVENUE PROPCO LLC.

Be it further resolved that theDirector of Public Works is autho-rized to execute all documents anddo all other things necessary toeffect the consent to the assignmentgranted above. A copy of this con-sent shall be filed with the originalof the Lease in the custody of theCommissioner of Accounts.




Resolution No. 192-18.By Director Cox.Be it resolved, by the Board of

Control of the City of Cleveland that

the bid of Tom Paige Catering Com-pany, for an estimated quantity ofbreakfasts and lunches for the 2018Summer Food Program, all items,for the Division of Recreation,Department of Public Works, for aperiod of three (3) months, begin-ning with the date of execution ofa contract, received on April 13,2018, under the authority of Ordi-nance No. 1278-17 passed by Cleve-land City Council on December 4,2017, which on the basis of the esti-mated quantity would amount to$139,050.00 (Net), is affirmed andapproved as the lowest and best bid,and the Director of Public Works isrequested to enter into a require-ment contract for the goods and/orservices specified.

The requirement contract shallfurther provide that the Contractorshall furnish the City’s requirementsfor the goods and/or services,whether more or less than the esti-mated quantity, as may be orderedunder delivery orders separately cer-tified to the contract.

Yeas: Acting Director Horvath,Directors Dumas, Davis, Kennedy,


806

Public Square Daily Reservation Rates

(Use of any portion of Public Square for 4 hours or less will be billed at one-half (1/2) the Daily Reservation

Rate for that portion.)

Category Speakers Tom L. Johnson Perimeter Centennial Event Entire

Terrace Plaza Garden(s) Plaza Lawn Square

Non-Profit

Organizations

in Cuyahoga County $150 $150 $200 $1,500 $1,500 $3000

Schools and

Governments in

Cuyahoga County $150 $150 $200 $1,500 $1,500 $3,000

Individuals who reside

in Cuyahoga County

for personal use $100 $100 $150 $1,250 $1,250 $3,000

Non Profit Outside of

Cuyahoga County $200 $200 $250 $1,750 $1,750 $3,500

Schools, Government

Organizations outside

of Cuyahoga County $200 $200 $250 $1,750 $1,750 $3,500

Individuals who reside

outside of Cuyahoga

County for personal

use $150 $150 $200 $1,500 $1,500 $3,500

For Profit Companies $500 $500 $750 $3,500 $3,500 $7,500

Commercial Photo or

Video Shoot

(exclusive use

day rate) $300 $300 $500 $1,000 $1,000 Negotiated

Rate

1/2 Day Rate is

50% of listed rate

Be it further resolved that Resolution No. 161-91 as amended by Resolution No. 359-16, is further amended by

deleting the reservation rates established therein for portions of Public Square and substituting the Reservation

rates set forth in this resolution.

Yeas: Acting Director Horvath, Directors Dumas, Davis, Kennedy, Gordon, Menesse, Acting Director Brown, Direc-

tor McNamara, and Interim Director Donald.

Nays: None.

Absent: Mayor Jackson, Directors Cox, McGrath, and West.

Gordon, Menesse, Acting DirectorBrown, Director McNamara, andInterim Director Donald.




Control of the City of Cleveland thatthe bid of Gordon Food Service, Inc.,for an estimated quantity of food,food products, beverages, condi-ments, and paper products for CampForbes, Group A; all items, Group B;all items, Group C; all items, GroupD; items 4-1 through 4-3 & item 4-5,Group E; all items, Group F; allitems, Group G; all items, Group H;items 8-1 through 8-48 & items 8-50through 8-71, & Group I; all items,for the Division of Recreation,Department of Public Works, for aperiod of one year, beginning withthe date of execution of a contract,received on April 13, 2018, under theauthority of Ordinance No. 1278-17passed by Cleveland City Council onDecember 4, 2017, which on the basisof the estimated quantity wouldamount to $90,840.77 (Net), isaffirmed and approved as the low-est and best bid, and the Director ofPublic Works is requested to enterinto a requirement contract for thegoods and/or services specified.

The requirement contract shallfurther provide that the Contractorshall furnish the City’s requirementsfor the goods and/or services,whether more or less than the esti-mated quantity, as may be orderedunder delivery orders separately cer-tified to the contract.





Control of the City of Cleveland thatthe bid of The Sherwin-WilliamsCompany, for an estimated quantityof traffic paints, and related equip-ment, all items, for the Division ofTraffic Engineering, Department ofPublic Works, for the period of one(1) year beginning with the date ofexecution of a contract, with a one-year renewal option, received onMarch 29, 2018, under the authorityof Section No. 181.101 of the CodifiedOrdinances of Cleveland, Ohio, 1976,which on the basis of the estimatedquantity would amount to $207,810.00(Net), is affirmed and approved asthe lowest and best bid, and theDirector of Public Works is request-ed to enter into a requirement con-tract for the specified goods.

The requirement contract shallfurther provide that the Contractorshall furnish all of the City’srequirements for the goods and/orservices, whether more or less thanthe estimated quantity, as may beordered under delivery orders sepa-rately certified to the contract.


Nays: None.

Absent: Mayor Jackson, DirectorsCox, McGrath, and West.

Resolution No. 195-18.By Director Menesse.Whereas, under Ordinance No.

2076-76 passed October 25, 1976, theCity is conducting a Land Reuti-lization Program (“Program”)according to the provisions of Chap-ter 5722 of the Ohio Revised Code;and

Whereas, under the Program, theCity has acquired Permanent ParcelNo. 015-14-117 located at 3328 PoeAvenue, Cleveland, Ohio, 44109; and

Whereas, Section 183.021 of theCodified Ordinances of Cleveland,Ohio, 1976 authorizes the Commis-sioner of Purchases and Supplies,when directed by the Director ofCommunity Development and whencertain specified conditions havebeen met, to sell Land ReutilizationProgram parcels; and

Whereas, Gregory W. Wrick hasproposed to the City to purchase anddevelop the parcel for yard expan-sion; and

Whereas, the following conditionsexist:

1. The member of Council fromWard 14 has approved the proposedsale or has not disapproved orrequested a hold of the proposedsale within 45 days of notificationof it;

2. The proposed purchaser of theparcel is neither tax delinquent norin violation of the Building andHousing Code; now, therefore,

Be it resolved by the Board ofControl of the City of Cleveland thatunder Section 183.021 of the CodifiedOrdinances of Cleveland, Ohio, 1976,the Commissioner of Purchases andSupplies is authorized, when direct-ed by the Director of CommunityDevelopment, and the Mayor isrequested to execute an OfficialDeed for and on behalf of the Cityof Cleveland with Gregory W. Wrickfor the sale and development of Per-manent Parcel No. 015-14-117, accord-ing to the Land Reutilization Pro-gram in such manner as best carriesout the intent of the program.

Be it further resolved that the con-sideration for the sale of the parcelshall be $200.00, which amount isdetermined to be not less than thefair market value of the parcel foruses according to the Program.






Whereas, under the Program, theCity has acquired Permanent ParcelNos. 121-11-022, 120-11-023, 120-11-024,120-11-025, and 120-11-093 located onAshbury Avenue and East 120thStreet; and

Whereas, Section 183.021 of theCodified Ordinances of Cleveland,Ohio, 1976 authorizes the Commis-sioner of Purchases and Supplies,

when directed by the Director ofCommunity Development and whencertain specified conditions havebeen met, to sell Land ReutilizationProgram parcels; and

Whereas, B.R. Knez Construction,Inc. has proposed to the City to pur-chase and develop the parcels forinfill housing; and


1. The member of Council fromWard 9 has either approved the pro-posed sale or has not disapproved orrequested a hold of the proposedsale within 45 days of notificationof it;

2. The proposed purchaser of theparcels is neither tax delinquent norin violation of the Building andHousing Code; now, therefore,

Be it resolved by the Board ofControl of the City of Cleveland thatunder Section 183.021 of the CodifiedOrdinances of Cleveland, Ohio, 1976,the Commissioner of Purchases andSupplies is authorized, when direct-ed by the Director of CommunityDevelopment, and the Mayor isrequested, to execute an OfficialDeed for and on behalf of the Cityof Cleveland, with B.R. Knez Con-struction, Inc. for the sale and devel-opment of Permanent Parcel Nos.121-11-022, 120-11-023, 120-11-024, 120-11-025, and 120-11-093 located on Ash-bury Avenue and East 120th Street,according to the Land ReutilizationProgram in such manner as best car-ries out the intent of the program.

Be it further resolved that the con-sideration for the sale of the parcelsshall be $200.00 each, which amountis determined to be not less than thefair market value of the parcels foruses according to the Program.






Whereas, under the Program, theCity has acquired Permanent ParcelNos. 120-14-041, 120-14-049, 120-14-062,120-14-063, and 120-14-064 located onWade Park Avenue, East 122ndStreet and East 123rd Street; and


Whereas, B.R. Knez Construction,Inc. has proposed to the City to pur-chase and develop the parcels forinfill housing; and


1. The member of Council fromWard 9 has either approved the pro-posed sale or has not disapproved orrequested a hold of the proposedsale within 45 days of notificationof it;


807

2. The proposed purchaser of theparcels is neither tax delinquent norin violation of the Building andHousing Code; now, therefore,

Be it resolved by the Board ofControl of the City of Cleveland thatunder Section 183.021 of the CodifiedOrdinances of Cleveland, Ohio, 1976,the Commissioner of Purchases andSupplies is authorized, when direct-ed by the Director of CommunityDevelopment, and the Mayor isrequested, to execute an OfficialDeed for and on behalf of the Cityof Cleveland, with B.R. Knez Con-struction, Inc. for the sale and devel-opment of Permanent Parcel Nos.120-14-041, 120-14-049, 120-14-062, 120-14-063, and 120-14-064 located onWade Park Avenue, East 122ndStreet and East 123rd Street, accord-ing to the Land Reutilization Pro-gram in such manner as best carriesout the intent of the program.

Be it further resolved that the con-sideration for the sale of the parcelsshall be $200.00 each, which amountis determined to be not less than thefair market value of the parcels foruses according to the Program.






Whereas, under the Program, theCity has acquired Permanent ParcelNo. 011-10-097 located at 3001 CypressAvenue; and


Whereas, Christina M. Seaboldand Todd Seabold have proposed tothe City to purchase and develop theparcel for yard expansion; and


1. The member of Council fromWard 13 has either approved theproposed sale or has not disap-proved or requested a hold of theproposed sale within 45 days of noti-fication of it;

2. The proposed purchasers of theparcel are neither tax delinquentnor in violation of the Building andHousing Code; now, therefore,

Be it resolved by the Board ofControl of the City of Cleveland thatunder Section 183.021 of the CodifiedOrdinances of Cleveland, Ohio, 1976,the Commissioner of Purchases andSupplies is authorized, when direct-ed by the Director of CommunityDevelopment, and the Mayor isrequested, to execute an OfficialDeed for and on behalf of the Cityof Cleveland, with Christina M.Seabold and Todd Seabold for thesale and development of PermanentParcel No. 011-10-097 located at 3001Cypress Avenue, according to theLand Reutilization Program in such

manner as best carries out theintent of the program.

Be it further resolved that the con-sideration for the sale of the parcelshall be $200.00, which amount isdetermined to be not less than thefair market value of the parcel foruses according to the Program.






Whereas, under the Program, theCity has acquired Permanent ParcelNos. 007-23-031, 007-23-032, and 007-23-033, located at 3032, 3034, and theparcel West of 3034 Barber Avenue;and

Whereas, Section 183.021 of theCodified Ordinances of Cleveland,Ohio, 1976, authorizes the Commis-sioner of Purchases and Supplies,when directed by the Director ofCommunity Development and whencertain specified conditions havebeen met, to sell or lease LandReutilization Program parcels; and

Whereas, Logan Coy and HannahTeuscher have proposed to the Cityto lease the parcels for a marketgarden; and


1. The member of Council fromWard 3 has approved the proposedlease or has not disapproved orrequested a hold of the proposedlease within 45 days of notificationof it;

2. The proposed lessee of theparcels is neither tax delinquent norin violation of the Building andHousing Code; now, therefore,

Be it resolved by the Board ofControl of the City of Cleveland thatunder Section 183.021 of the CodifiedOrdinances of Cleveland, Ohio, 1976,the Commissioner of Purchases andSupplies is authorized, when direct-ed by the Director of CommunityDevelopment, to execute a lease fora term of two years on behalf of theCity of Cleveland, with Logan Coyand Hannah Teuscher for the pur-pose of maintaining a market gar-den on Permanent Parcel Nos. 007-23-031, 007-23-032, and 007-23-033,located at 3032, 3034, and the parcelWest of 3034 Barber Avenue, accord-ing to the Land Reutilization Pro-gram in such manner as best carriesout the intent of the program.

Be it further resolved that the con-sideration for lease of the parcelsshall be $2.00, which amount isdetermined to be not less than thefair market value of the parcels foruses according to the Program.




JEFFREY B. MARKS,Secretary

CIVIL SERVICE NOTICES____________

General Information

Application blanks and informa-tion, regarding minimum entrancequalifications, scope of examination,and suggested reference materialsmay be obtained at the office of theCivil Service Commission, Room 119,City Hall, East 6th Street, and Lake-side Avenue.

Application blanks must be prop-erly filled out on the official formprescribed by the Civil Service Com-mission and filed at the office of thecommission not later than the finalclosing date slated in the examina-tion announcement.

EXAMINATION RESULTS: Eachapplicant whether passing or failingwill be notified of the results of theexamination as soon as thecommission has graded the papers.Thereafter, eligible lists will beestablished which will consist of thenames of those candidates who havebeen successful in all parts of theexamination.

PHYSICAL EXAMINATION: Allcandidates for original entrancepositions who are successful inother parts of the examinationsmust submit to a physical examina-tion.

ROBERT BENNETT,President

CIVIL SERVICE NOTICE____________-

ANNOUNCEMENTS — 2018Filing Beginning 5/18/2018

*Filing Beginning 5/14/2018

Announ- Exam Classi- Examcement Method fication Type

No.

47 Wr Cemeteries Maintenance Worker I * Open

48 Wr Radio Operator Open

49 Wr Real Estate Maintenance Worker * Open

50 Wr Recreation Instructor II (Sports) Open

PROOF OF CITY RESIDENCYAny applicant wishing to receiveresidency credit will be asked toshow that he/she is a bona fide res-ident of the City of Cleveland. Thefollowing list gives examples ofitems that an applicant may presentat the time of filing. The Civil Ser-vice Commission requires a mini-mum of three items from at leastthree different categories, whereapplicable. All items must be cur-rent. Please note that presentationof these items does not constituteconclusive proof of bona fide resi-dency. Acceptable categoriesinclude, but are not limited to, thefollowing:

Lease - from rental agency.


808

Lease - from independent party.Must include copy of cancelledcheck or money order receipts forprevious rent and/or securitydeposit, and fully executed; other-wise, it us unacceptable.

Utility bills bearing the propertyaddress and your name.

Post Office change of address formproperly date stamped.

Official documents relating to homeownership including deed, purchaseagreement, or insurance policy.

Bank statements (Within last threemonths).

School registration of children.

Car insurance documents.

Car registration or Driver’s Licenseor Ohio I.D. (One only).

Loans and credit card statements(Within last three months).

Rental contracts (e.g.: furniture,tools, car, etc.).

Current bills not listed above (With-in last three months).

The following are examples of unac-ceptable categories of proof:

Library cards.

Voter registration cards.

Birth certificates.

Notarized letters or affidavits.

Social Security card.

Rental receipts from independentparty without cancelled checks ormoney order receipt.

APPROVED C.S.C. MINUTESANNOUNCEMENT NO. 47

CEMETERIES MAINTENANCEWORKER I (OPEN)

Public notice is hereby given by theCivil Service Commission of Cleve-land, Ohio, of an open examination forthe above classification.

FILING OF APPLICATION:

Application must be made electroni-cally through the City of Cleveland’sweb site:www.governmentjobs.com/careers/cleveland

No other form or method of applica-tion will be accepted. Absolutely nopaper applications will be accepted.

THE ELECTRONIC APPLICATIONPERIOD IS FROM 12:01 A.M. ON MON-DAY, MAY 14, 2018 UNTIL 11:59 PM.ON THURSDAY, MAY 17, 2018. NOTE:APPLICATIONS WILL NOT BEACCEPTED AFTER 11:59 PM ONTHURSDAY, MAY 17, 2018.

THE CIVIL SERVICE COMMIS-SION’S POLICY IS THAT NO LATEFILING WILL BE ALLOWED.

IMPORTANT NOTE: At the time ofsubmitting an application, copies ofthe following items are required to beuploaded as attachments to thatapplication:

1. Proof of Education (as providedherein);2. DD-214 or other materials to proveveteran’s status (as described herein)only required if the applicant is seek-ing veteran’s preference points; 3. Proofs of City of Cleveland residen-cy (as described herein) onlyrequired if the applicant is a City ofCleveland resident seeking residencecredit;4. A valid Driver’s License (as provid-ed herein)

NOTE: ONCE YOU SUBMIT YOURAPPLICATION, FURTHER CHANGESTO THAT APPLICATION WILL NOTBE PERMITTED. All additionalattachments, correspondence, notifica-tions, and certifications will be madewith applicants via email. Any updatesof email or your online profile must bemade at: [email protected].

NOTE: YOU ARE NOT APPLYINGFOR AN IMMEDIATE JOB OPENING.YOU ARE APPLYING TO TAKE ANEXAMINATION WHICH WILL BEUSED TO CREATE AN ELIGIBLELIST FOR THIS JOB CLASSIFICA-TION. THAT LIST WILL BE USEDFOR FUTURE HIRES IN THIS JOBCLASSIFICATION.

SALARY: The prevailing salary forthis position as established by Ordi-nance of the Council of the City ofCleveland is $26.02 – $28.02 per Hour.

EXAMINATION INFORMATION

TYPE: WRITTEN EXAM: Applicantswill be notified of time, date, andplace of exam via email.

NOTE: All copies of diplomas, licens-es, certificates, resumes and anyother documents must be uploadedand included with your Applicationwhen it is submitted. Applicationswithout the required documents willbe rejected.

Duties:

Follows instructions of Unit Leaderor Supervisor. Uses power or manualequipment to cut, trim and maintaingrass as well as shrubs and trees. Lev-els, grades and seeds graves. Drivestrucks. Uses hand shovels to dig orbackfill graves. Places drain tile.Lays sewer pipe for grave drainage.Lays foundations for grave markersand monuments. Aids in disintermentof bodies. Makes minor plumbingrepairs, such as replacing hydrants orplacing clamps on broken water lines.Escorts funerals to grave sites. Deco-rates graves. Maintains loweringdevices. Lays plywood and largerboards for people to walk on and backhoe to drive on. Assists Funeral Direc-tor when necessary. Lowers casket.Removes boards, decorations and low-ering device to road for pick up.Stacks plywood boards. Supplies dig-ger crew with planks, wheel barrows,etc. Picks up rubbish, debris, etc. Useswheel barrows to wheel excess dirt toroad. Picks up decorations and equip-ment to return to service building.Keeps equipment and buildings inclean condition. Performs other job-related duties as required. Follows alloperations and safety policies andsafe work practices. Attends and par-ticipates in operations and safetytraining classes and demonstratescompetence (demonstration of compe-tence may be determined by exam.)

Wears and properly utilizes safetyequipment in accordance with Divi-sional policy at all times.

Minimum Qualifications:

A High School Diploma or GED isrequired. One year of full time paidexperience working in a park systemor cemetery is required OR must pos-sess special skills related to theupkeep or maintenance of parks,cemeteries, or related areas. A validState of Ohio Driver’s License isrequired.

NOTE: Minimum qualifications mustbe met as of the last day of the filingperiod unless otherwise stated.

VETERANS’ PREFERENCE

Veterans’ preference will be awarded,when applicable, to eligible veteransin accordance with Civil ServiceRules 4.40E, 4.40F and 4.40G. Proof ofactive service or a DD Form 214, mustbe presented to the Commission at thetime of filing application for theexamination in which credit is soughtin order to qualify for veterans’ cred-it. If the applicant has received anhonorable discharge or a general dis-charge under honorable conditionsthat applicant shall receive an addi-tional five (5) points added to theirraw score on the examination.

RESIDENCY CREDIT

In accordance with the Charter of theCity of Cleveland: A person who hashad as his/her primary residence inthe City of Cleveland for at least oneyear at the time of filing a Civil Ser-vice application, and desires to takean entry-level Civil Service examina-tion, shall, if a passing grade on thewritten examination is attained, haveten (10) points added to his/her pass-ing score.

In order to receive residency credit,applicants must present the originalsOR LEGIBLE COPIES of 4 differentproofs of residency from ONE YEARAGO* and 4 different proofs of resi-dency that are CURRENT** (A totalof EIGHT documents) for verifica-tion at the time of filing. (“Different”means that an applicant can provide(for example) a bank statement froma year ago, and a current statementfor the same bank account, but cannotprovide multiple statements from thesame account for different months tosatisfy the 4 proofs requirement.

Such proofs include:

‚ Driver’s License‚ Bank Statements‚ Utility Bills‚ Mortgage or Lease Agreement‚ Bills from creditors not listed

above‚ Other Postmarked mail such as

magazines with name and mailinglabel attached, organizationnewsletters, medical/dental bills,voter registration card, or motorvehicle registration

‚ Insurance Statement (Home insur-ance, rental insurance, car insur-ance or other insurance docu-ments).

* “ONE YEAR AGO” SHALL BE ONEYEAR PREVIOUS TO DATE OF FIL-ING. For example, if you are filing forthe examination in May of 2018 you


809

must present 4 different documentsdated March, April, or May of 2017.

** “CURRENT” SHALL BE WITH INTHE LAST THREE MONTHS. Forexample, if you are filing for theexamination in May of 2018 you mustpresent 4 different documents datedMarch, April, or May of 2018.

NOTE: IF CREDITORS ARE PAIDONLINE, A COPY OF BILL IS TO BEPRINTED SHOWING THEADDRESS OF THE APPLICANT.THE BILL MUST HAVE THE DATEVISIBLE.

NOTE: Applicants who are under theage of 25 who do not have sufficientbills or items in their own name mayprovide one or more proof documentsbearing their own name and Cleve-land address, and supplement it withthe additional required proofs from aspouse or blood relative with whomthey reside; provided that such otherperson also provides a notarizedstatement that the applicant hasresided with them at that address formore than a year prior to the date ofapplication and provides the missingdocumentation in their own namewith their Cleveland address.

THE COMMISSION WILLNOT ENTERTAIN APPEALS FORVETERANS’ PREFERENCE ORRESIDENCY CREDIT AFTER THEAPPLICANT HAS FILED HIS/HERAPPLICATION. THE DECISION OFTHE COMMISSION IS FINAL.

NOTE: THE CIVIL SERVICE COM-MISSION RESERVES THE RIGHTTO REVIEW AND EVALUATE ANYAND ALL INFORMATION CON-TAINED IN THE APPLICATION ORRESUME. LACK OF HONESTY WILLRESULT IN IMMEDIATE REMOVALFROM THE ELIGIBLE LIST.

Any applicant that willfully providesany false document, statement, or cer-tification in regard to any test will beterminated from all processing,removed from any eligible list, andmay face possible criminal prosecu-tion.

AN EQUAL OPPORTUNITY EMPLOYER


RADIO OPERATOR (OPEN)

Public notice is hereby given by theCivil Service Commission of Cleve-land, Ohio, of an open competitiveexamination for the above classifica-tion.




THE ELECTRONIC APPLICATIONPERIOD IS FROM 12:01 A.M. ON FRI-DAY, MAY 18, 2018 UNTIL 11:59 PM.ON THURSDAY, MAY 24, 2018. NOTE:APPLICATIONS WILL NOT BEACCEPTED AFTER 11:59 PM ONTHURSDAY, MAY 24, 2018.



1. Proof of Education (as providedherein);2. DD-214 or other materials to proveveteran’s status (as described herein)only required if the applicant is seek-ing veteran’s preference points


NOTE: All correspondence, notifica-tions, and certifications will be madewith applicants via email. Anyupdates of email or your online pro-file must be made at [email protected].

SALARY: The prevailing salary forthis position as established by Ordi-nance of the Council of the City ofCleveland is $19.28 - $21.28 per Hour.


TYPE: WRITTEN EXAMINATION:Applicants will be notified of thetime, date, and place of the examina-tion via email.

NOTE: All copies of diplomas, licens-es, certificates, resumes and anyother required documents must beuploaded and included with yourApplication when it is submitted.Applications without the requireddocuments will be rejected.

Duties:

Under supervision, relays andreceives inter-city radio messagesand maintains communication equip-ment. Requisitions equipment andsupplies and maintains records ofactivities, and performs relatedduties as assigned. Follows all opera-tions and safety policies and safework practices. Attends and partici-pates in operations and safety train-ing classes and demonstrates compe-tence (demonstration of competencemay be determined by exam.) Wearsand properly utilizes safety equip-ment in accordance with Divisionalpolicy at all times.


A High School Diploma or GED isrequired, some college is preferred.Previous 2-way radio communicationsexperience is preferred. Must possessgood verbal and written communica-tion skills. Must be able to work anyshift.


NOTE: THE CIVIL SERVICE COM-MISSION RESERVES THE RIGHTTO REVIEW AND EVALUATE ANYAND ALL INFORMATION CON-TAINED IN THE APPLICATION OR

RESUME. LACK OF HONESTY WILLRESULT IN IMMEDIATE REMOVALFROM THE ELIGIBLE LIST.







REAL ESTATE MAINTENANCEWORKER (OPEN)

Public notice is hereby given by theCivil Service Commission of Cleve-land, Ohio, of an open examination forthe above classification.




THE ELECTRONIC APPLICATIONPERIOD IS FROM 12:01 A.M. ON MON-DAY, MAY 14, 2018 UNTIL 11:59 PM.ON THURSDAY, MAY 17, 2018. NOTE:APPLICATIONS WILL NOT BEACCEPTED AFTER 11:59 PM ONTHURSDAY, MAY 17, 2018.



1. Proof of Education (as providedherein);2. DD-214 or other materials to proveveteran’s status (as described herein)only required if the applicant is seek-ing veteran’s preference points; 3. Proofs of City of Cleveland residen-cy (as described herein) onlyrequired if the applicant is a City ofCleveland resident seeking residencecredit;


810

4. A valid Driver’s License (as provid-ed herein)

NOTE: ONCE YOU SUBMIT YOURAPPLICATION, FURTHER CHANGESTO THAT APPLICATION WILL NOTBE PERMITTED. All additionalattachments, correspondence, notifica-tions, and certifications will be madewith applicants via email. Any updatesof email or your online profile must bemade at: [email protected].


SALARY: The prevailing salary forthis position as established by Ordi-nance of the Council of the City ofCleveland is $17.82 – $19.82 per Hour.


TYPE: WRITTEN EXAM: Applicantswill be notified of time, date, andplace of exam via email.

NOTE: All copies of diplomas, licens-es, certificates, resumes and anyother documents must be uploadedand included with your Applicationwhen it is submitted. Applicationswithout the required documents willbe rejected.

Duties:

Maintains properties and structuresunder the jurisdiction of the City ofCleveland. Supervises the work of stu-dents and other seasonal employeesin maintaining said properties andstructures. TYPICAL TASKS: Per-forms mechanical and chemical grassand weed cutting/removal. Operatesa tractor to complete this task.Removes debris and rubbish and usesvehicles under 26,000 lbs. GVW. Useshand and power tools. Maintains andrepairs structures owned by the City.Supervises seasonal staff asassigned. Moves furniture and equip-ment. Performs janitorial and groundmaintenance services as required.Assists in the distribution and inven-tory control of supplies, equipment.and tools. Installs equipment andfencing as needed. Performs otherduties as assigned. Follows all opera-tions and safety policies and safework practices. Attends and partici-pates in operations and safety train-ing classes and demonstrates compe-tence (demonstration of competencemay be determined by exam.) Wearsand properly utilizes safety equip-ment in accordance with Divisionalpolicy at all times.


A High School Diploma or GED isrequired. One year of full time paidexperience in the upkeep of greenspace is required. Must possess aknowledge of ground maintenancefunctions and various ground equip-ment. A valid State of Ohio Driver’sLicense is required.




RESIDENCY CREDIT

In accordance with the Charter of theCity of Cleveland: A person who hashad as his/her primary residence inthe City of Cleveland for at least oneyear at the time of filing a Civil Ser-vice application, and desires to takean entry-level Civil Service examina-tion, shall, if a passing grade on thewritten examination is attained, haveten (10) points added to his/her pass-ing score.

In order to receive residency credit,applicants must present the originalsOR LEGIBLE COPIES of 4 differentproofs of residency from ONE YEARAGO* and 4 different proofs of resi-dency that are CURRENT** (A totalof EIGHT documents) for verifica-tion at the time of filing. (“Different”means that an applicant can provide(for example) a bank statement froma year ago, and a current statementfor the same bank account, but cannotprovide multiple statements from thesame account for different months tosatisfy the 4 proofs requirement.

Such proofs include:

‚ Driver’s License‚ Bank Statements‚ Utility Bills‚ Mortgage or Lease Agreement‚ Bills from creditors not listed

above‚ Other Postmarked mail such as

magazines with name and mailinglabel attached, organizationnewsletters, medical/dental bills,voter registration card, or motorvehicle registration

‚ Insurance Statement (Home insur-ance, rental insurance, car insur-ance or other insurance docu-ments).

* “ONE YEAR AGO” SHALL BE ONEYEAR PREVIOUS TO DATE OF FIL-ING. For example, if you are filing forthe examination in May of 2018 youmust present 4 different documentsdated March, April, or May of 2017.

** “CURRENT” SHALL BE WITH INTHE LAST THREE MONTHS. Forexample, if you are filing for theexamination in May of 2018 you mustpresent 4 different documents datedMarch, April, or May of 2018.

NOTE: IF CREDITORS ARE PAIDONLINE, A COPY OF BILL IS TO BEPRINTED SHOWING THEADDRESS OF THE APPLICANT.THE BILL MUST HAVE THE DATEVISIBLE.

NOTE: Applicants who are under theage of 25 who do not have sufficientbills or items in their own name may

provide one or more proof documentsbearing their own name and Cleve-land address, and supplement it withthe additional required proofs from aspouse or blood relative with whomthey reside; provided that such otherperson also provides a notarizedstatement that the applicant hasresided with them at that address formore than a year prior to the date ofapplication and provides the missingdocumentation in their own namewith their Cleveland address.






RECREATION INSTRUCTOR II -Sports (OPEN)

Public notice is hereby given by theCivil Service Commission of Cleve-land, Ohio, of an open competitiveexamination for the above classifica-tion.




THE ELECTRONIC APPLICATIONPERIOD IS FROM 12:01 A.M. ON FRI-DAY, MAY 18, 2018 UNTIL 11:59 PM.ON THURSDAY, MAY 24, 2018. NOTE:APPLICATIONS WILL NOT BEACCEPTED AFTER 11:59 PM ONTHURSDAY, MAY 24, 2018.



1. Proof of Education (as providedherein);2. Proof of Driver’s License3. DD-214 or other materials to proveveteran’s status (as described herein)only required if the applicant is seek-ing veteran’s preference points


811


NOTE: All correspondence, notifica-tions, and certifications will be madewith applicants via email. Anyupdates of email or your online pro-file must be made at :[email protected].

SALARY: The prevailing salary forthis position as established by Ordi-nance of the Council of the City ofCleveland is $10.00 - $19.80 per Hour.


TYPE: WRITTEN EXAMINATION:Applicants will be notified of thetime, date, and place of the examina-tion via email.

NOTE: All copies of diplomas, licens-es, certificates, resumes and anyother required documents must beuploaded and included with yourApplication when it is submitted.Applications without the requireddocuments will be rejected.

Duties:

Under supervision, assists in the plan-ning and organization of recreationalprograms, and conducts variousleisure time activities at assignedrecreation centers and outdoor facili-ties. Performs other job-relate dutiesas required. TYPICAL TASKS: Orga-nizes and conducts classes in variousleisure time activities such as hand-crafts, dance, music, dramatics,games, nature study, team and indi-vidual sports, etc. Assists in the train-ing of volunteer leaders and summerplayground instructors. Assists in thesupervision, coordination, and organi-zation of special events such as localtournaments, festivals, social pro-grams, exhibits, etc., as required. Dis-tributes and accounts for equipmentand supplies and trains program par-ticipants and divisional staff in itsproper care and use. Maintainsrecords and make routine and specialreports, as required. Follows all oper-ations and safety policies and safework practices. Attends and partici-pates in operations and safety train-ing classes and demonstrates compe-tence (demonstration of competencemay be determined by exam.) Wearsand properly utilizes safety equip-ment in accordance with Divisionalpolicy at all times.


A High School Diploma or GED isrequired; an undergraduate degree inRecreation, Physical Education, or arelated field is preferred. A valid Stateof Ohio Driver’s License is required.One year of paid, continuousexperience in planning, developing,recruiting, implementing, andinstructing youth/adults in organizedsports recreation programs isrequired. (Substitutions: Any one ofthe following may be used tosubstitute for one year requiredexperience: (i) An Associate’s Degreein Recreation, Physical Education, ora closely related field; (ii) Three years

consecutive employment as a paidseasonal Recreation Instructor withthe City of Cleveland Division ofRecreation; or (iii) Two yearsconsecutive service as a volunteerrecreational instructor or assistantwith the City of Cleveland Division ofRecreation.)








ROBERT BENNETT,President

May 16, 2018

SCHEDULE OF THE BOARD

OF ZONING APPEALS

TUESDAY, MAY 29, 2018

9:30 A.M.

Calendar No. 18-103: 2630 PayneAvenue (Ward 7)

E. & J. Investments , owner, pro-poses to erect a new 174 foot hightelecommunication tower in a C4Semi-Industry District. The ownerappeals for relief from the strictapplication of the following sectionsof the Cleveland Codified Ordi-nances:

1. Section 354.06(a) which statesthat no telecommunications towershall be located closer to a Resi-dential District line than a distanceequal to three times the height ofthe tower.

2. Section 354.13 (a) which statesthat all applications for newtelecommunication towers shall beaccompanied by the following infor-mation, as applicable, in addition to

information required for all buildingpermit applications:

(1) A site plan.(2) An elevation drawing showing

the proposed tower and all struc-tures and landscaping shown on therequired site plan, indicating theheight, color and materials of thetower and all proposed fencing andother structures.

(3) A lighting plan for the pro-posed tower.

(4) A vicinity map showing thesubject property and the proposedtower and fencing in the context ofall property located within a dis-tance from the tower equal to threetimes the height of the tower, show-ing within this area, all streets andexisting buildings and significantstructures and indicating the resi-dential use of an buildings and anyproperty zoned in Residential orLandmarks Districts, such mapbeing marked with topographic con-tours at 5 feet intervals.

(5) Color photographs showingthe current view of the tower sitefrom any adjoin public street or anyother street within 200 feet of theproposed tower and from the closestgroupings of residential buildingslocated within an area from the pro-posed tower equal to 3 times theheight of the proposed tower, plus asecond set of color photographsshowing the same views with theproposed tower superimposed ontothe photographs.

(6) A map showing all existingtelecommunications towers and allbuildings and structures exceeding100 feet in height located within onemile of the proposed tower, withsuch map being accompanied by doc-umentation, in accordance with theprovisions of Section 354.05, demon-strating that the applicant hasinvestigated all opportunities for co-location or alternative location andhas determined that such co-locationor alternative location is infeasibleor that the owner of any such struc-ture or attached telecommunicationsequipment has refused a reasonableoffer for co-location.

(7) A statement indicating theestimated construction cost of thetelecommunications tower and astatement indicating the estimatedcost for demolition and removal ofthe telecommunications tower.

(8) A performance bond sufficientto cover the estimated demolitionand removal of the telecommunica-tion tower. (Filed April 27, 2018)

Calendar No. 18-104: 3100 ChathamAvenue (Ward 3)

St. Ignatius High School, owner,proposes to construct a new 2 story,22,237 square foot athletic trainingfacility in a B1 Two-Family Resi-dential District. The owner appealsfor relief from the strict applicationof the following sections of theCleveland Codified Ordinances:

1. Section 337.02(f)(3)(B) whichstates that in a two family districtan athletic training facility are per-mitted if approved by the Board ofZoning Appeals after public noticeand public hearing, and if adequateyard spaces and other safeguards topreserve the character of the neigh-borhood are provided, and if in thejudgment of the Board such build-ing and uses are appropriately locat-ed and designed and will meet acommunity need without adverselyaffecting the neighborhood: recre-ation buildings, parish houses and


812

grounds for games and sports iflocated not less than thirty feetfrom any adjoining premises in aResidence District.

2. Section 357.06(a)which statesthat a 30 foot front yard setback isrequired and approximately 2 to 3feet are provided.

3. Section 357.05(a) which statesthat a 5 foot side street yard isrequired and approximately 1 to 2feet are provided.

4. Section 341.02(c) which statesthat approval of City planning Com-mission is required. (Filed April 27,2018)

Calendar No. 18-105: 10431 CliftonBoulevard (AKA 10429 CliftonBoulevard) (Ward 15)

Wilsher Management LLC., owner,and Brittany Nock, lessee, proposesto change use from beauty salon toyoga practice center and medicalmassage in an A1 One-Family Resi-dential District. The owner appealsfor relief from the strict applicationof Section 359.01(a) which statesthat no substitution or other changein such nonconforming use to otherthan a conforming use shall be per-mitted except by special permitfrom the Board of Zoning Appeals.Such special permit may be issuedonly if the Board finds after publichearing that such substitution orother charge is no more harmful orobjectionable than the previous non-conforming use in floor or otherspace occupied, in volume of tradeor production, in kind of goods soldor produced, in daily hours or otherperiod of use, in the type or numberof persons to occupy or to be attract-ed to the premises or in any othercharacteristic of the new use ascompared with the previous use.(Filed April 30, 2018)

Calendar No. 18-106: 14124 BerwynAvenue (Ward 16)

Tim Carter, owner, proposes toconstruct a new 10' x 21' frontporch/deck in an A1 One-FamilyResidential District. The ownerappeals for relief from the strictapplication of Section 357.13(b)(4)which states that open porticos orporches (deck) shall not projectmore than 6 feet and the proposeddeck projects 10 feet into front yardsetback. (Filed May 1, 2018)

Calendar No. 18-108: 2303 West 40thStreet (Ward 3)

Near West Development LLC.,owner, proposes to erect a 1,687square foot single family house withan attached garage on 2,108 squarefoot lot in a B1 Two-Family Resi-dential District. The owner appealsfor relief from the strict applicationof the following sections of theCleveland Codified Ordinances:

1. Section 357.02 which states thatno yard or court provided for anybuilding or group of buildings forthe purpose of complying with theprovisions of the Zoning Code shallbe reduced or again considered asthe yard or court required for anyother building or additional con-struction on the same lot or onanother lot.

2. Section 355.04 (a) which statesthat the minimum lot width for asingle family dwelling in a “B” areadistricted is 40 feet and a 34 footwide lot is proposed.

3. Section 355.04 (a) which statesthat a minimum lot area of 4,800

square feet is required for a singlefamily dwelling and a lot area of2,108 square feet is proposed.

4. Section 357.05(b)(1) whichstates that on the rear third of a cor-ner lot where the rear lot line abutsa residence district, the buildingline shall be not less than 10 feetand 7 feet 8 inches are proposed.

5. Section 357.08(b)(1) whichstates that the depth of requiredrear yard shall be not less than theheight of the main building or inthis case 32 feet 5 inches and a 3foot 6 inch rear yard is proposed.

6. Section 357.09(b)(2)(A) whichstates that no building shall beerected less than ten feet from amain building on an adjoining lot.

7. Section 357.09(b)(2)(B) whichstates that no interior side yard ona lot occupied by a dwelling houseshall be less than 5 feet in widthfor a corner lot, nor less than 3 feetin width for an interior lot, not shallthe aggregate width of side yardson the same premises be less than10 feet. However, the width of anysuch interior side yard shall in nocase be less than one fourth theheight of the main building on thepremises. Building height is approx-imately 32' - 5" thus no interior sideyard shall be less than 8' - 2" anda 3' - 6" side yard is proposed.

8. Section 357.13 which states thatthe condensing unit along the inte-rior side yard (6" to the propertyline) is not permitted encroachment.

9. Section 357.15 which states thatthe distance between front and rearresidence shall be no less than 40feet and an 8' – 5" yard is proposed.

10. Section 341.02(b) which statesthat City Planning approval isrequired prior to the issuance of abuilding permit. (Filed May 1, 2018)

Calendar No. 18-109: 1980 ColumbusRoad (Ward 3)

Kamis Properties, owner, proposesto build a single family residence ina C1 Semi-Industry District. Theowner appeals for relief from thestrict application of the followingsections of the Cleveland CodifiedOrdinances:

1. Section 355.04 which states thatthe maximum gross floor area of aresidence cannot exceed ½ the lotarea, or in this case 1,095 squarefeet and the proposed gross floorarea is 2,362 square feet. This sec-tion also states that the minimumrequired frontage is 40 feet and theproposed frontage is 35.47 feet. Theminimum required lot area is 4,800square feet and the proposed lotarea is 2,190 square feet.

2. Section 357.08(b)(2) whichstates that the required rear yard isno less than 20 feet and the pro-posed rear yard is 16 feet.

3. Section 357.09(b)(2)(B) whichstates that the required width of theside yard shall be no less than ¼ theheight of the building; the buildingheight is 43.5'; one quarter height is11.33' and the proposed side yardwidths are 4' and 3.5'. (Filed May4, 2018)

POSTPONED FROM MAY 7, 2018

Calendar No. 17-361: 5804 DenisonAvenue (Ward 14)

Fulton Denison LLC., owner, pro-poses to construct a parking lot ina C2 Local Retail Business District.The owner appeals for relief from

the strict application of the follow-ing sections of the Cleveland Codi-fied Ordinances:

1. Section 349.07 which states thatall accessory off-street parkingspaces shall be provided with wheelor bumper guards that are so locat-ed that no part of a parked vehiclewill extend beyond such parkingspaces.

2. Sections 352.09 through 352.11which state that an 8 foot wide tran-sition strip is required where park-ing lot is adjacent to residential anda 1 foot wide transition strip is pro-posed.

3. Section 349.07 which states thatparking space and maneuveringareas shall be hard surfaced andproperly drained. (Filed December 4,2017 - No Testimony)

Final postponement made at therequest of the Board to allow fortime for the appellant to work withthe CDC to relocate the driveway tothe side street. Third posptonementmade due to a clerical error. Secondpostponement made at the requestof the appellant due to a schedulingconflict. First postponement made atthe request of the Development Cor-poration to allow time for the com-munity process to take place.

POSTPONED FROM APRIL 23, 2018

Calendar No. 18-33: 5805-5813 HoughAvenue (Ward 7)

Sterling Pettway, owner, proposesto establish use as a fence con-tracting company with outdoor stor-age and to install an 8 foot tallchain link fence D2 Multi-FamilyResidential District. The ownerappeals for relief from the strictapplication of Section of the follow-ing sections of the Cleveland Codi-fied Ordinances:

1. Section 345.03(c)(33) whichstates that warehouse and outdoorstorage use is first permitted inSemi Industrial District. Any mater-ial stored in unenclosed premises toa height greater than 4 feet abovethe grade level shall be a sur-rounded by a substantial 7 foot highwall or fence erected to observe allrequired building lines and chainlink fence proposed.

2. Section 349.01 which states thata parking area in amount of 15% ofthe gross lot area is required and nooff street parking proposed.

3. Section 349.07 which states thatall vehicle maneuvering areas shallbe paved and drained within the lot.Only one driveway shall be permit-ted for each 100 feet of frontage. Nodriveway shall be so located thatthere would be less than 15 feetbetween the point of tangency ofthe driveway apron radius and theoutside crosswalk the proposed newdriveway is directly adjacent to thecrosswalk.

4. Sections 352.08 through 352.11which state that eight feet of land-scaped transition strip is requiredwhere a Semi-Industry Districtwould abut a Multi-Family District.Installation is required of screeningwith 75% or greater opacity of suf-ficient height to conceal uses speci-fied herein (outdoor storage) fromview from the ground floor level onadjoining properties and from thestreet and no landscaping proposed.

5. Section 358.04 which states thatin residential districts, fences inactual front yards and in actualfront yards and in actual side street


813

yards shall not exceed 4 feet inheight. Fences in actual rear yardand actual interior side yard shallnot exceed 6 feet in height.

6. Section 358.04(b) which statesthat in residential districts, onlyornamental fences shall be installedin actual front yards. (Filed Janu-ary 26, 2018 - Testimony Taken)

Third postponement made at therequest of the Board to allow timefor applicant to meet with City Plan-ning to address access and parkingissues. Second postponement madeat the rquest of the appellant due toa scheduling conflict. first post-ponement made at the request of thecouncilman.

POSTPONED FROM APRIL 30, 2018

Calendar No. 18-78: 4318 BaileyAvenue (Ward 3)0

Cleveland Bricks, owner, proposesto build a second story addition andattached garage in a B1 Two-Fami-ly Residential District. The ownerappeals for relief from the strictapplication of the following sectionsof the Cleveland Codified Ordi-nances:

1. Section 355.04 which states thatin a Two-Family District the allow-able maximum gross floor area is ½of the lot area or in this case 1,035square feet and the appellant isproposing proposed gross floor areais 1,406 square feet.

2. Section 357.08(b)(1) whichstates that in a Two Family districtthe rear yard shall not be less thanthe height of the main buildingwhich is 35'; proposed rear yardwith attached garage addition willbe 8'.

3. Section 357.09(b)(2)(A) whichstates that no building shall beerected less than 10' from a mainbuilding on an adjoining lot in aresidence district; the proposedgarage is within 8' of an existingresidence. (Filed April 6, 2018 - NoTestimony)

First postponement made at therequest of the appellant to allow fortime for community review.

REPORT OF THE BOARD

OF ZONING APPEALS

MONDAY, MAY 14, 2018

At the meeting of the Board ofZoning Appeals on Monday, May 14,2018 the following appeals werescheduled for hearing before theBoard.

The following appeals wereAPPROVED:

Calendar No. 18-71: 5316 TrainAvenue

Roger Kirk, owner, proposes toadd a 968 square foot addition toexisting residence in a B1 GeneralIndustry District.

Calendar No. 18-75: 3910 ClintonAvenue

Daniel McKenna, owner, proposesto construct a single family resi-dence in a B1 Two Family Resi-dential District.

Calendar No. 18-79: 2441 ThurmanAvenue

Nicolet & Crystal Bortan, owners,propose to erect a two-family resi-dence in a B1 Two-Family Residen-tial District.

Calendar No. 18-89: 1001-1101 EuclidAvenue

Alto JHB Acquisition, LLC.,owner, proposes to convert existingoffice building to 226 apartmentsand approximately 18,540 squarefeet of ground floor retail spacewith 180 enclosed parking spacesand residential amenity areas in anE5 General Retail Business District.

Calendar No. 18-90: 863 East 185thStreet

Working Hard LLC., owner, andCatherine Patton, lessee, propose toadd cosmetic tattooing (microblad-ing) to existing salon in a C1 LocalRetail Business District and aPedestrian Retail Overlay District(PRO).

Calandar No. 18-93: 917 Fruit AvenueGeorge Roark, owner, proposes to

erect a 2 story 1,938 square foot sin-gle family house with detachedgarage on an approximately 4,500square foot lot in a Two FamilyResidential District.

The following appeal was WITH-DRAWN:

Calendar No. 18-88: Robert Hill12207 Brookfield Avenue.

The following appeals were DIS-MISSED:

None.

The following case was POST-PONED:

Calendar No. 18-91: Maranatha BibleCollege

13701 Kinsman Road. Postponed toJune 4, 2018.

The following cases were heardby the Board of Zoning Appeals onMonday, May 7, 2018 and the deci-sions were adopted and approved onMonday, May 14, 2018:

The following appeals wereAPPROVED:

Calendar No. 18-66: 4202-04 BucyrusAvenue

Igor Kaschinszki, owner, proposesto place a storage container on a lotin a B1 Local Retail Business.

Calendar No. 18-82: 3153 West 11thStreet

Brian Jones, owner, aka BumpusHouse LLC., proposes to build aparking lot in a B1 Two FamilyResidential District.

Calendar No. 18-83: 16001 HolmesAvenue

Annette Gibson, owner, proposesto establish use as a day care cen-ter in a B1 Two Family ResidentialDistrict.


Catholic Diocese of Cleveland,owner, and Our Lady of Mt. Carmel,lessee, propose to erect a 5,185square foot addition to a school inan F3 Multi-Family Residential Dis-trict.


Harbor Street Partners, owner,proposes to construct a new 4 unit

townhouse in a B1 Two Family Res-idential District.

Calendar No. 18-87: 2881 ScrantonRoad

Ziegler & Tomlinson, owners, pro-pose to build a 232 square foot addi-tion to an existing single family res-idence in an A1 One Family Resi-dential District.

Secretary

REPORT OF THE BOARD

OF BUILDING STANDARDS

AND BUILDING APPEALS

NO MEETING

PUBLIC NOTICE

NONE

NOTICE OF PUBLIC HEARING_____________

Notice of Public HearingBy the Council CommitteeOn Development, Planning

and Sustainability

Mercedes CotnerCommittee Room 217

City Hall, Cleveland, OhioOn Tuesday, May 22, 2018

9:30 a.m.

Notice is hereby given to all inter-ested property owners that theCouncil Committee on Development,Planning and Sustainability willhold a public hearing in the Mer-cedes Cotner Committee Room 217,City Hall, Cleveland, Ohio, on Tues-day, May 22, 2018, at 9:30 a.m., toconsider the following ordinancesnow pending in the Council:

Ord. No. 1453-17.By Council Member Conwell.An emergency ordinance designat-

ing the Garfield Bank Building as aCleveland Landmark.

Ord. No. 1454-17.By Council Member Conwell.An emergency ordinance designat-

ing the Glenville-Bratenahl U.S. PostOffice, Luke Easter Building as aCleveland landmark.

Ord. No. 368-18.By Council Member McCormack.An ordinance changing the Use,

Area, and Height Districts of landsflanking Old River Road and Cityowned property intended for CanalBasin Park consistent with recentzoning changes located on the Eastand West Banks of the Flats as iden-tified on the attached map (MapChange No. 2580).

Ord. No. 426-18.By Council Member B. Jones.An emergency ordinance designat-

ing Crawford Road Christian Churchas a Cleveland Landmark.

Anthony Brancatelli, ChairCommittee on Development,Planning and Sustainability

May 9, 2018 and May 16, 2018


814

CITY of CLEVELAND BIDS

For All Departments

Sealed bids will be received at theoffice of the Commissioner of Pur-chases and Supplies, Room 128, CityHall, in accordance with the append-ed schedule, and will be opened andread in Room 128, City Hall, imme-diately thereafter.

Each bid must be made in accor-dance with the specifications andmust be submitted on the blankssupplied for the purpose, all ofwhich may be obtained at the officeof the said Commissioner of Pur-chases and Supplies, but no bid willbe considered unless delivered tothe office of the said commissionerprevious to 12:00 noon (EasternStandard Time) on the date speci-fied in the schedule.

187.10 Negotiated contracts; Noticerequired in Advertisement for Bids.

Where invitations for bids areadvertised, the following noticeshall be included in the advertise-ment: “Pursuant to the MBE/FBECode, each prime bidder, each minor-ity business enterprise (“MBE”) andeach female business enterprise(“FBE”) must be certified beforedoing business with the City. There-fore, any prime contractor wishingto receive credit for using an MBEor FBE should ensure that applica-tions for certification as to MBE orFBE status compliance with theCode, affirmative action in employ-ment and, if applicable, joint ven-ture status, are submitted to the of -fice of Equal Opportunity (“OEO”)prior to the date of bid opening orsubmission of proposals or as speci -fied by the Director. Failure to com-ply with the business enterprisecode or with representations madeon these forms may result in can-cellation of the contract or othercivil or criminal penalties.”

FRIDAY, JUNE 8, 2018

File No. 56-18 — 2018 Seasonal CitywideTree Planting, for the Division ofPark Maintenace, Department ofPublic Works, as authorized byOrdinance No. 288-17, passed by theCouncil of the City of Cleveland,April 10, 2017.

THERE WILL BE A NON-MANDA-TORY PRE-BID MEETING,THURSDAY, MAY 31, 2018 AT10:30 A.M. DIVISION OF MOTORVEHICLE MAINTENANCE, 4150EAST 49TH STREET, CLEVE-LAND, OHIO 44105.

NOTE: BID MUST BE DELIVEREDAT THE OFFICE OF THE COM-MISSIONER OF PURCHASESAND SUPPLIES, CLEVELANDCITY HALL, 601 LAKESIDEAVENUE, ROOM 128, CLEVE-LAND, OHIO 44114 BEFORE 12O’CLOCK NOON (EASTERNTIME).

May 16, 2018 and May 23, 2018

WEDNESDAY, JUNE 13, 2018

File No. 55-18 — Labor and MaterialsNeeded to Maintain, Test, Install,

Replace, Improve, Restore, andRefurbish Landscaping at VariousPublic Utilities Facilities, forvarious Divisions, Department ofPublic Utilities, as authorized byOrdinance No. 947-17, passed by theCouncil of the City of Cleveland,December 4, 2017.

THERE WILL BE A NON-MANDA-TORY PRE-BID MEETING,THURSDAY, MAY 24, 2018 AT10:00 A.M. CARL B. STOKESPUBLIC UTILITIES BUILDING,1201 LAKESIDE AVENUE,CLEVELAND, OHIO 44114, 2NDFLOOR ATRIUM CONFERENCEROOM.


File No. 57-18 — 2018-2028 Dishonestyand Crime Bond Insurance (Re-Bid), for various Divisions,Department of Finance, asauthorized by Section 171.13 of theCodified Ordinances of Cleveland,Ohio, 1976.

THERE WILL BE A NON-MANDA-TORY PRE-BID MEETING,THURSDAY, MAY 31, 2018 AT2:30 P.M. CLEVELAND CITYHALL, 601 LAKESIDE AVENUE,CLEVELAND, OHIO 44114 ROOM18.


May 16, 2018 and May 23, 2018

THURSDAY, JUNE 14, 2018

File No. 58-18 — Labor and Materials toRepair or Replace Floors and FloorCoverings (Re-Bid), for the variousDivisions, Department of PortControl, as authorized by OrdinanceNo. 948-17, passed by the Council ofthe City of Cleveland, October 9,2017.

THERE WILL BE A NON-MANDA-TORY PRE-BID MEETING, FRI-DAY, JUNE 1, 2018 AT 10:00 A.M.CLEVELAND HOPKINS INTER-NATIONAL AIRPORT, 5300RIVERSIDE ROAD, CLEVE-LAND, OHIO 44135, AIRPORTBAGGAGE CLAIM LEVEL.


May 16, 2018 and May 23, 2018

FRIDAY, JUNE 15, 2018

File No. 59-18 — Fencing and GatesIncluding Labor and Materials for

Repair and Installation, for the

various Divisions,e Department of

Port Control, as authorized by

Ordinance No. 333-16, passed by the

Council of the City of Cleveland,

April 25, 2016.

THERE WILL BE A NON-MANDA-TORY PRE-BID MEETING, FRI-

DAY, JUNE 1, 2018 AT 10:00 A.M.

CLEVELAND HOPKINS INTER-

NATIONAL AIRPORT CENTRAL

RECEIVING BUILDING, 19451

FIVE POINTS ROAD, CLEVE-

LAND, OHIO 44135.

NOTE: BID MUST BE DELIVERED

AT THE OFFICE OF THE COM-

MISSIONER OF PURCHASES

AND SUPPLIES, CLEVELAND

CITY HALL, 601 LAKESIDE

AVENUE, ROOM 128, CLEVE-

LAND, OHIO 44114 BEFORE 12

O’CLOCK NOON (EASTERN

TIME).

May 16, 2018 and May 23, 2018

ADOPTED RESOLUTIONS

AND ORDINANCES

NONE

COUNCIL COMMITTEEMEETINGS

Monday, May 14, 20189:30 a.m.

Municipal Services and PropertiesCommittee: Present: Johnson, Chair;

Brady, Vice Chair; Bishop, Bran-

catelli, Hairston, J. Jones, Kazy.

2:00 p.m.

Safety Committee & Finance Com-mittee: Present in Safety: Zone,

Chair; Polensek, Vice Chair; Griffin,

Kazy, J. Jones. Authorized Absence:B. Jones, Santana. Present Finance:

Kelley, Chair; Zone, Vice Chair;

Brady, Brancatelli, Cleveland, Con-

well, Griffin, Keane, McCormack.

2:00 p.m.

Finance Committee: Present: Kel-

ley, Chair; Zone, Vice Chair; Brady,

Brancatelli, Cleveland, Conwell,

Griffin, Keane, McCormack.

Tuesday, May 15, 20189:30 a.m.

Development, Planning and Sus-tainability Committee: Present:

Brancatelli, Chair; Bishop, Hairston,

B. Jones, Keane, McCormack. Autho-rized Absence: Cleveland, Vice

Chair.

Wednesday, May 16, 201810:00 a.m.

Transportation Committee: Pre-

sent: Cleveland, Chair; Keane, Vice

Chair; Bishop, Conwell, Johnson,

Santana, J. Jones.


815

IndexO—Ordinance; R—Resolution; F—File

Bold figures—Final Publication; D—Defeated; R—Reprint; T—Tabled; V—Vetoed;

Bold type in sections indicates amendments

Aging Department

Authorizing the Director of Aging to conduct the Age Friendly Home Investment Program and

to enter into one or more agreements with up to three organizations to develop, operate

and implement a comprehensive home repair and investment program targeted at eligible

Cleveland senior and adults with disabilities, for a period of one year, with two one year

options to renew exercisable by the Director of Aging. (O 675-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .787

Agreements

Amending the Title and Section 1 of Ordinance No. 961-17 passed August 16, 2017 as it pertains

to authorizing the Director of the Department of Public Health to enter into an agreement

with Ohio University for the Aspiring Doctors Pre-College Program through the use of

Ward 13 Casino Revenue Funds. (O 637-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .798

Amending the Title and Sections 1. And 2 of Ordinance No. 739-17 passed June 7, 2017 as it

pertains to authorizing the Director of the Department of Community Development to

enter into agreement with the Cleveland Cultural Gardens Federation for the One World

Day Centennial Expo through the use of Wards 2, 5, 6, 7, 8, 10, 11, 12, 14, 15, 16 and 17

Casino Revenue Funds. (O 636-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .798

Authorizing the Clerk of Council to enter into one or more internship agreements with various

individuals to provide assistance to the Office of the Clerk and the members of Cleveland

City Council in any and all matters related to official Council business. (O 625-18) . . . . . . . . . . . . . . . . . . . . . . . .798

Authorizing the Director of Aging to conduct the Age Friendly Home Investment Program and

to enter into one or more agreements with up to three organizations to develop, operate

and implement a comprehensive home repair and investment program targeted at eligible

Cleveland senior and adults with disabilities, for a period of one year, with two one year

options to renew exercisable by the Director of Aging. (O 675-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .787

Authorizing the Director of Community Development to enter into one or more agreements

with the Cuyahoga Metropolitan Housing Authority for the City to conduct environmental

reviews on behalf of CMHA for federally funded CMHA projects. (O 657-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .764

Authorizing the Director of Economic Development to enter into an amendment to the

Participation and Redevelopment Agreement, Contract No. CT 9501 ST 2014-15, with the

Cleveland Cuyahoga County Port Authority to authorize financial assistance in

remediating environmental contamination at the Crescent Avenue site. (O 659-18) . . . . . . . . . . . . . . . . . . . . . . . .765

Authorizing the Director of Economic Development to enter into one or more agreements with

FUSE Corps, and/or its designee, for the placement of an executive fellow within the

Department of Economic Development and for related services, for a period up to

seventeen months. (O 460-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803

Authorizing the Director of Public Safety to enter into an agreement with the Cuyahoga

County Solid Waste District to accept funding in support of the Department of Public

Safety’s Environmental Crimes Task Force for purposes, including but not limited to, the

purchase of training and equipment to assist in combatting illegal dumping. (O 678-18) . . . . . . . . . . . . . . . . . . .788

Authorizing the Director of the Department of Public Health to enter into agreement with The

Sisters of Charity of St. Augustine Health System, Inc., for the Building Healthy

Communities Program through the use of Ward 5 Casino Revenue Funds. (O 641-18) . . . . . . . . . . . . . . . . . . . . . .800

Authorizing the Director of the Department of Public Works to enter into agreement with the

Karamu House for the Karamu Arts Recreational Music Program through the use of

Ward 6 Casino Revenue Funds. (O 638-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .799

Airports Division

Authorizing the issuance and sale by the city of airport system revenue bonds in an aggregate

principal amount not to exceed forty seven million five hundred thousand dollars

($47,500,000) to pay costs of improving the airport system; authorizing supplemental

indentures and other agreements related to the bonds; and authorizing and approving

related matters. (O 666-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .778

Appreciation

Appreciation Resolution for First Lady Gwendolyn Howard. (R 706-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Appropriations

To make additional appropriations of One Million, Ninety Eight Thousand, Three Hundred

Fifty-Five ($1,098,355) to the Enterprise Fund. (O 566-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804

816


Banners

Authorizing and directing the Director of Capital Projects to issue a permit to Burten, Bell,

Carr Development to stretch a banner at East 55th Street and Scovill Avenue, near East

Technical High School, for the period from June 1, 2018 to June 30, 2018, inclusive,

publicizing the Annual Ward 5 Family Festival. (O 639-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .799

Board of Control — Capital Projects Office

Circle Drive (Mayfield Rd. to E. 116th St.) Improvements — approve subcontractor — per

BOC Res. 525-17 — Division of Engineering and Construction (BOC Res. 189-18) . . . . . . . . . . . . . . . . . . . . . . . . . 805

Board of Control — Community Development Department

B.R. Knez Construction, Inc. — various parcels on scattered sites (Wards 9) (BOC Res. 196-18). . . . . . . . . . . . . . . . 807


Barber Avenue, 3032/3034/West Parcel of 3034 (Ward 3) — PPNs 007-23-031/032/033 — lease —

Logan Coy and Hannah Teuscher (BOC Res. 199-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 808

Cypress Avenue, 3001 (Ward 9) — PPN 011-10-097 — Christina M. Seabold and Todd Seabold

(BOC Res. 198-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 808

Poe Avenue, 3328 (Ward 14) — PPN 015-14-117 — Gregory W. Wrick (BOC Res. 195-18) . . . . . . . . . . . . . . . . . . . . . . . 807

Board of Control — Engineering and Construction Division


BOC Res. 525-17 — Office of Capital Projects (BOC Res. 189-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 805

Board of Control — Land Reutilization Program






(BOC Res. 198-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 808


Board of Control — Land Reutilization Program (Ward 3)







(BOC Res. 198-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 808



Board of Control — Leases

Broadway Avenue, 7654 — consent to assignment of Lease from Josh Simon to 7710 BROADWAY

AVENUE PROPCO LLC — Dept. of Public Works (BOC Res. 191-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 806

Board of Control — Public Improvement Contracts


BOC Res. 525-17 — Division of Engineering and Construction, Office of Capital

Projects (BOC Res. 189-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 805

East 103rd Street and Colonial Avenue Sewer Project — approve subcontractor — Contract

#PI2018*3 per BOC Res. 587-17 — Division of Water Pollution Control, Dept. of Public

Utilities (BOC Res. 186-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 805

Water Main Maintenance and Insulation Replacement on Bridge Crossings — per Ord. 698-16 —

all bids rejected — Division of Water, Dept. of Public Utilities (BOC Res. 187-18) . . . . . . . . . . . . . . . . . . . . . . . . 805

Board of Control — Public Utilities Department


#PI2018*3 per BOC Res. 587-17 — Division of Water Pollution Control (BOC Res. 186-18) . . . . . . . . . . . . . . . . . 805

817


Uninterruptible Power Supply Systems Maintenance — per Ord. 704-16 to E Technologies

(BOC Res. 188-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 805


all bids rejected — Division of Water (BOC Res. 187-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 805

Board of Control — Public Works Department

Breakfast and Lunches for 2018 Summer Food Program — per Ord. 1278-17 to Tom Paige

Catering Company — Division of Recreation (BOC Res. 192-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 806

Broadway Avenue, 7654 — consent to assignment of Lease from Josh Simon to 7710 BROADWAY

AVENUE PROPCO LLC (BOC Res. 191-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 806

Food, food products, beverages, condiments and paper products — per Ord. 1278-17 to

Gordon Food Service, Inc. — Division of Recreation (BOC Res. 193-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 807

Public Square Reservation Rates — amend BOC Res. 161-91 (BOC Res. 190-18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 805

Traffic paints and related equipment — per C.O. Sec. 181.101 to The Sherwin-Williams

Company — Division of Traffic Engineering (BOC Res. 194-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 807

Board of Control — Recreation Division


Catering Company — Dept. of Public Works (BOC Res. 192-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 806


Gordon Food Service, Inc. — Dept. of Public Works (BOC Res. 193-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 807

Board of Control — Requirement Contracts


Catering Company — Division of Recreation, Dept. of Public Works (BOC Res. 192-18). . . . . . . . . . . . . . . . . . . 806


Gordon Food Service, Inc. — Division of Recreation, Dept. of Public Works

(BOC Res. 193-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 807


Company — Division of Traffic Engineering, Dept. of Public Works (BOC Res. 194-18) . . . . . . . . . . . . . . . . . . 807

Uninterruptible Power Supply Systems Maintenance — per Ord. 704-16 to E Technologies -

Dept. of Public Utilities (BOC Res. 188-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 805

Board of Control — Traffic Engineering Division


Company — Dept. of Public Works (BOC Res. 194-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 807

Board of Control — Water Division


all bids rejected — Dept. of Public Utilities (BOC Res. 187-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 805

Board of Control — Water Pollution Control Division


#PI2018*3 per BOC Res. 587-17 — Dept. of Public Utilities (BOC Res. 186-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 805

Board of Zoning Appeals — Report

Brookfield Avenue, 12207 (Ward 11) — Robert Hill, owner — appeal withdrawn on 5/14/18

(Cal. 18-88) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 814

Bucyrus Avenue, 4202-04 (Ward 13) — Igor Kaschinszki, owner — appeal granted and adopted

on 5/14/18 (Cal. 18-66) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

Clinton Avenue, 3910 (Ward 3) — Daniel McKenna, owner — appeal heard on

5/14/18 (Cal. 18-75). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

East 185th Street, 863 (Ward 8) — Working Hard LLC, owner, and Catherine Patton, lessee —

appeal heard on 5/14/18 (Cal. 18-90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

Euclid Avenue, 1001-1101 (Ward 3) — Alto JHB Acquisition, LLC, owner — appeal heard on

5/14/18 (Cal. 18-89). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

Fruit Avenue, 917 (Ward 3) — George Roark, owner — appeal heard on 5/14/18 (Cal. 18-93) . . . . . . . . . . . . . . . . . . 813

Holmes Avenue, 16001 (Ward 8) — Annette Gibson, owner — appeal granted and adopted on

5/14/18 (Cal. 18-83). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

Kinsman Road, 13701 (Ward 4) — Marantha Bible College, owner — appeal postponed to

6/4/18 on 5/14/18 (Cal. 18-91) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

Scranton Road, 2881 (Ward 14) — Ziegler & Tomlinson, owners — appeal granted and adopted

on 5/14/18 (Cal. 18-87) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

Thurman Avenue, 2441 (Ward 3) — Nicolet & Crystal Bortan, owners — appeal heard on

5/14/18 (Cal. 18-79). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

Train Avenue, 5316 (Ward 15) — Roger Kirk, owner — appeal heard on 5/14/18 (Cal. 18-71) . . . . . . . . . . . . . . . . . . 813

West 11th Street, 3153 (Ward 12) — Brian Jones, owner, a.k.a. Bumpus House LLC — appeal

granted and adopted on 5/14/18 (Cal. 18-82) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

West 44th Street, 1899 (Ward 3) — Harbor Street Partners, owner — appeal granted

and adopted on 5/14/18 (Cal. 18-86) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

818


West 70th Street, 1355 (Ward 15) — Catholic Diocese of Cleveland, owner, and Our Lady

of Mt. Carmel, lessee — appeal granted and adopted on 5/14/18 (Cal. 18-84) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

Board of Zoning Appeals — Schedule

Berwyn Avenue, 14124 (Ward 16) — Tim Carter, owner — appeal to be heard on 5/29/18

(Cal. 18-106) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

Chatham Avenue, 3100 (Ward 3) — St. Ignatius High School, owner — appeal to be heard on

5/29/18 (Cal. 18-104). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 812

Clifton Boulevard, 10431 (a.k.a. 10429 Clifton Boulevard) (Ward 15) — Wilsher Management

LLC, owner, and Brittany Nock, lessee — appeal to be heard on 5/29/18 (Cal. 18-105) . . . . . . . . . . . . . . . . . . . . . 813

Columbus Road, 1980 (Ward 3) — Kamis Properties, owner — appeal to be heard on 5/29/18

(Cal. 18-109) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

Payne Avenue, 2630 (Ward 7) — E. & J. Investments, owner — appeal to be heard on 5/29/18

(Cal. 18-103) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 812

West 40th Street, 2303 (Ward 3) — Near West Development LLC, owner — appeal to be heard

on 5/29/18 (Cal. 18-108) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 813

Bonds

Authorizing the issuance and sale of one or more series of subordinate lien income tax

refunding bonds to refund currently outstanding general obligation and subordinate lien

income tax bonds of the city to obtain debt service savings or restructure the city’s

outstanding debt and authorizing and approving related matters. (O 665-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .773

Authorizing the issuance and sale of water revenue obligations to refund outstanding water

revenue obligations; authorizing agreements related to the obligations; and authorizing

and approving related matters. (O 664-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .766

Capital Projects





Authorizing the Director of Capital Projects to apply for and accept a Green Infrastructure

Grant from the Northeast Ohio Regional Sewer District and other grants and gifts from

various public and private entities for the Albers Avenue parking lot project; determining

the method of making the public improvement; and authorizing contracts to construct and

design the improvement and other contracts that are necessary to implement the project.

(O 419-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803

Authorizing the Director of Capital Projects to employ one or more professional consultants

necessary for the Dominion East Ohio Gas Pipeline Infrastructure Replacement Program.

(O 651-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .762

Authorizing the Director of Capital Projects to enter into one or more contracts with

Riverstone Company for engineering services for the Hudson and Frank Road Extension

Projects; determining the method and authorizing one or more public improvement

contracts; authorizing the Commissioner of Purchases and Supplies to acquire for right-of-

way purposes any real property and easements necessary; and accepting cash

contributions and gifts and grants to implement. (O 652-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .763

Determining the method of making the public improvement of constructing, rehabilitating,

renovating, replacing or otherwise improving recreation facilities, and ancillary

recreation buildings and other similar structures, on City owned and City leased park

property, including site improvements and appurtenances; authorizing the Director of

Public Works or Capital Projects, as appropriate, to enter into one or more contracts for

the making of the improvements, including professional services and contract or

contracts for the making of the improvement to parks and to proceed with the

improvement to recreation facilities not otherwise improved by the direct employment of

the necessary labor; and to apply for gifts and grants, for the Department of Public

Works and Office of Capital Projects. (O 648-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .759

Determining the method of making the public improvement of replacing the Music Hall roof;

authorizing the Director of Public Works or Capital Projects, as appropriate, to enter into

one or more public improvement contracts for the making of the improvement; enter into

one or more professional services to implement the improvement; to apply for and accept

grants and gifts; and authorizing the direct employment of the necessary labor; for the

Department of Public Works and Office of Capital Projects. (O 647-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .759

Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio

for improving a portion of Coit Road; to apply for and accept any gifts or grants from any

public or private entity; authorizing the Director of Capital Projects to enter into any

relative agreements; to employ one or more professional consultants to design the

improvement; and causing payment of the City’s share to the State for the cost of the

improvement. (O 649-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .760

To amend the title and Section 1 of Ordinance No. 803-16, passed August 10, 2016, relating to one

or more contracts with Janet Zweig, LLC for professional services necessary for the

design, production, and installation of a yet to be designed public artwork associated

with, and installed at, the new Cleveland Kennel. (O 494-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803

819


Casino Revenue Funds
















City Council




City Kennel





City of Cleveland Bids

Dishonesty and Crime Bond Insurance (2018-28) (Re-bid) — Department of Finance — per C.O.

Sec. 171.13 — bid due June 13, 2018 (advertised 5/16/2018 and 5/23/2018). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 815

Fencing and Gates Repair and Installation — Department of Port Control — per Ord. 333-16 —

bid due June 15, 2018 (advertised 5/16/2018 and 5/23/2018). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 815

Floors and Floor Coverings Repair and Replacement (Re-bid) — Department of Port Control —

per Ord. 948-17 — bid due June 14, 2018 (advertised 5/16/2018 and 5/23/2018) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 815

Landscaping at Public Utilities Facilities — Department of Public Utilities — per Ord.

947-17 — bid due June 13, 2018 (advertised 5/16/2018 and 5/23/2018). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 815

Seasonal Citywide Tree Planting (2018) — Department of Public Works — Division of Park

Maintenance and Properties — per Ord. 288-17 — bid due June 8, 2018 (advertised 5/16/2018

and 5/23/2018). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 815

City Owned Facilities

Authorizing the City to purchase electricity and/or gas from an electric generation services

provider and/or gas services provider for City buildings and to participate with the

Cleveland Municipal School District and the Northeast Ohio Regional Sewer District,

jointly or everally, in a Request for Proposals to procure such services; authorizing

relative agreements; and the employment of one or more professional energy consultants

for consulting services, including but not limited to energy procurement and management,

for a period up to three years, with two one year options to renew, exercisable by the

Director of Finance. (O 183-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .802

City Planning Commission

Changing the Use, Area and Height of parcels of land between East 110th Street and East 115th

Street north of Martin Luther King, Jr. Drive and south of Woodland Avenue for the

Legacy Pointe at St. Luke’s Hospital housing development as shown on the attached map

(Map Change No. 2582). (O 628-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .794

Changing the Use, Area, and Height Districts of lands flanking Old River Road and City

owned property intended for Canal Basin Park consistent with recent zoning changes

located on the East and West Banks of the Flats as identified on the attached map

(Map Change No. 2580). (O 368-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .814

Changing the Use, Area, and Height Districts of parcels along the eastern side of West 25th

Street south of Sackett/Valentine Avenue east to SR-176 and south to I 71 (Map Change

No. 2581). (O 629-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .796

Changing the Use, Area, and Height Districts of parcels of land on West 44th Street between

Whitman Avenue and John Court and adding zero foot and eight foot mapped setbacks

(Map Change No. 2583). (O 630-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .797

Changing the Uses and Area Districts of parcels of land northwest of Chatham Avenue

between West 32nd Street and West 31st Street and adding zero foot and seven foot

mapped setbacks as shown on the attached map (Map Change No. 2579). (O 367-18) . . . . . . . . . . . . . . . . . . . . . . .804

Designating Crawford Road Christian Church as a Cleveland Landmark. (O 426-18) . . . . . . . . . . . . . . . . . . . . . . . . . . .814

Designating Glenville Seventh Day Adventist Church as a Cleveland Landmark. (O 1455-17) . . . . . . . . . . . . . . . . . . .802

820


Designating the Eleanor Rainey Memorial Institute (aka Willson Avenue Boys Club) as a

Cleveland Landmark. (O 296-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .802

Designating the Garfield Bank Building as a Cleveland Landmark. (O 1453-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .814

Designating the Glenville Bratenahl U.S. Post Office, Luke Easter Building as a Cleveland

landmark. (O 1454-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .814

Designating the Integrated Faith Assembly Church (Oheb Zedek Synagogue) as a Cleveland

landmark. (O 1457-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .802





Clerk of Council




Cleveland Browns

Authorizing the Director of Port Control to exercise the third option to renew Contract No.

LS 2018-3 with the Cleveland Browns Stadium Company LLC to provide for the use of the

warehouse on City Dock 32, located at 101 Erieside Avenue. (O 384-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .802

Cleveland Hopkins International Airport ( CHIA )

Authorizing the Director of Port Control to enter into a Lease Agreement with F & E Aircraft

Maintenance for the lease of certain space in Building No. 101 located at 19200 Primary

Road at Cleveland Hopkins International Airport for the purpose of conducting aircraft

maintenance and other support services for various tenants at the airport, for the

Department of Port Control, for a period of one year, with four one year options to renew,

the second of which shall require additional legislative authority. (O 671-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .786

Authorizing the Director of Port Control to enter into a Lease Agreement with MRK Aviation

for the lease of certain space in Building No. 217 located at 6000 North Cargo Road at

Cleveland Hopkins International Airport for the purpose of conducting air cargo

operations and other support services for various tenants at the airport, for the



Authorizing the Director of Port Control to enter into a Lease Agreement with RPMayer &

Associates, LLC for the lease of certain space in various areas of the terminal building at

Cleveland Hopkins International Airport for the purpose of operating and maintaining

the Airport’s Inline Baggage Handling System, for the Department of Port Control, for a

period of up to 19 months, with two one year options to renew, the second of which shall

require additional legislative authority. (O 673-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .787

Authorizing the Director of Port Control to enter into a Lease Agreement with the United

States of America, acting through the General Services Administration on behalf of the

Transportation Security Administration for the lease of certain space in the terminal at

Cleveland Hopkins International Airport for the purpose of general office, break rooms,

and storage in support of the passenger security checkpoints and other essential security

needs in conjunction with the operation of the airport, for the Department of Port Control,

for a period of five years, with one five year option to renew, which shall require

additional legislative authority. (O 674-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .787

Cleveland Metropolitan School District ( CMSD )






for consulting services, including but not limited to energy procurement and

management, for a period up to three years, with two one year options to renew,

exercisable by the Director of Finance. (O 183-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .802

Cleveland Public Power ( CPP )

Authorizing the Director of Public Utilities to employ one or more professional consultants

necessary to maintain control systems; authorizing the purchase by one or more

requirement contracts of labor and materials necessary to maintain control systems,

including replacement parts, equipment, computer software, software upgrades, support

software, software implementation, system changes, configurations, programming,

training, upgrades, services and support and maintenance, and software related

components necessary for the operation of the systems; and authorizing the Director to

enter into one or more requirement contracts with various companies to provide critical

proprietary components for the systems, for the Divisions of Water, Water Pollution

Control, and Cleveland Public Power, Department of Public Utilities for a period up to

two years. (O 694-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .793

821


Codified Ordinances

To amend Section 181.102 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by

Ordinance No. 856-08, passed June 9, 2008, relating to the authorization to acquire software

licenses, updates, upgrades, enhancements, training, technical support, maintenance, and

repairs. (O 667-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .784

To supplement the Codified Ordinances of Cleveland Ohio, 1976 by amending Sections 630.01

and 630.02 as amended by Ordinance No. 665-16, passed August 10, 2016 and by repealing

Section 630.03 as amended by Ordinance No. 141-09, passed March 30, 2009 relating to

criminal activity nuisances. (O 574-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804

Collective Bargaining Agreements

Approving the collective bargaining agreement with the Cleveland Police Patrolmen’s

Association; and to amend Section 56 of Ordinance No. 323-15, passed March 30, 2015, as

amended by Ordinance No. 1228-15, passed October 19, 2015, relating to compensation for

various classifications. (O 563-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804

Approving the collective bargaining agreement with the Fraternal Order of Police, Lodge No. 8

(FOP); and to amend Section 55 of Ordinance No. 323-15, passed March 30, 2015, as amended

by Ordinance No. 381-15, passed April 13, 2015, relating to compensation for various

classifications. (O 465-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803

Communications

Dedication Plat for Battery Park Development, West 73rd Street, West 73rd Place, West 74th

Street and Catlin Court; Detroit Shoreway/Goodwalt Avenue to Cleveland Memorial

Shoreway and West 73rd Street to West 76th Street. Approved by Committees on Municipal

Services and Properties, and Development Planning and Sustainability. Without

objection, Plat approved. (F 612-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

From the Mayor’s Appointments Committee of Cleveland City Council. Recommending

approval of the appointment of Robert L. Render to Fair Housing Advisory Board, term

ending March 1, 2021 (from File No. 559-18). Without objection, the appointment is

approved. (F 707-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758


corrections on term dates of some appointments to the Housing Advisory Board, new term

dates ending April 26, 2021 (from File No. 559-18). Without objection, the appointment is

approved. (F 709-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Community Development






Authorizing the Director of Community Development to enter into contract with various

agencies to provide social service programs, including the senior transportation program.

(O 656-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .764




Authorizing the Director of Community Development to enter into or amend contracts with

various agencies to provide housing, commercial, industrial and real estate development

activities. (O 655-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .764

To amend the title, and Sections 2 and 4 of Ordinance No. 565-17, passed June 5, 2017; and to

supplement the ordinance by adding new Sections 2a, 2b and 2c relating to adding

construction gap funding to encourage the construction and rehabilitation of single

family homes. (O 658-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .765

Community Relations

Authorizing the Director of Community Relations to enter into one or more contracts with

Mental Health Services for Homeless Persons, Inc. dba Frontline Service for professional

services necessary to provide toxic stress and trauma management training for Division

of Recreation staff to assist youths and their families that frequent recreation centers, for

a period of one year, with a one year option to renew. (O 504-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804

Concession Agreements

Authorizing the Director of Public Works to enter into one or more Concession Agreements for

the operation of concession stands at Gordon Park and Brookside Park, for the

Department of Public Works, for a period not to exceed three years. (O 499-18) . . . . . . . . . . . . . . . . . . . . . . . . . . .804

Condolences

Condolence Resolution for Br. James Everett, C.S.C. (R 710-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Condolence Resolution for Dominic D’Alessio. (R 711-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

822


Condolence Resolution for Dorothy (Nix) Polk. (R 698-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Condolence Resolution for Dr. Carl E. Locke. (R 697-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Condolence Resolution for Macie (Heard) Williams. (R 700-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Condolence Resolution for Minnie Lee Liddell. (R 712-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Congratulations

Congratulations Resolution for Deacon Peter Travalik 25th Anniversary. (R 701-18) . . . . . . . . . . . . . . . . . . . . . . . . . .758

Congratulations Resolution for Reverend Pastor Myrle Weems. (R 702-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Congratulations Resolution for Richard F. Horvath. (R 699-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Construction Gap Funding

To amend the title, and Sections 2 and 4 of Ordinance No. 565-17, passed June 5, 2017; and to

supplement the ordinance by adding new Sections 2a, 2b and 2c relating to adding

construction gap funding to encourage the construction and rehabilitation of single

family homes. (O 658-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .765

Contracts














(O 419-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803

Authorizing the Director of Community Development to enter into contract with various

agencies to provide social service programs, including the senior transportation program.

(O 656-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .764

Authorizing the Director of Community Development to enter into or amend contracts with

various agencies to provide housing, commercial, industrial and real estate development

activities. (O 655-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .764




of Recreation staff to assist youths and their families that frequent recreation centers,

for a period of one year, with a one year option to renew. (O 504-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804

Authorizing the Director of Port Control to enter into one or more contracts with Harris Corp.

fka Excelis, Inc. for professional services necessary to provide, maintain, install, and

upgrade the noise monitoring equipment and software required for FAA Part 150

adherence, for a period of one year, with three one year options to renew, the second of

which would require additional legislative authority. (O 421-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803

Authorizing the Director of Port Control to exercise the second option to renew Contract No.

CT 3001 PS 2016-77 with DLZ Ohio, Inc. to provide on call surveying services for the

various divisions of the Department of Port Control. (O 385-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .802

Authorizing the Director of Port Control to exercise the third option to renew Contract No.

LS 2018-3 with the Cleveland Browns Stadium Company LLC to provide for the use of the


Authorizing the Director of Public Health to enter into one or more contracts with managed

care organizations for the City to receive payments from Medicare, Medicaid, and

Medicaid HMO for treatment services under the Mental Health and Substance Abuse

Treatment Program, for a period up to five years. (O 677-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .788

Authorizing the Director of Public Utilities to consent to assignment of Contract No. 69444

from Dominion Products and Services, Inc. to HomeServe USA Repair Management Corp.

(O 686-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .790

Authorizing the Director of Public Utilities to enter into one or more contracts with

Windstream Lines for telecommunication service lines needed for Automated Meter

Reading (AMR), SCADA control, security cameras, and telephones at Ledge Tower,

Darrow Tower, Shepard Tower and the South Twinsburg Tower located in Twinsburg,

Northfield, and Macedonia, Ohio, which are outside of Cuyahoga County and beyond the

AT&T service area; and to authorize payment of monthly charges to Windstream, for a

period up to three years. (O 691-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .792

Authorizing the Director of Public Utilities to enter into one or more requirement contracts

without competitive bidding with TPG Pressure, Inc. dba Thompson Pipe Group Pressure

for the purchase of concrete pipe adapters, repair saddles and accessories, for the Division

of Water, Department of Public Utilities, for a period not to exceed two years. (O 687-18) . . . . . . . . . . . . . . . . . .791

Authorizing the Director of Public Utilities to exercise the first option to renew Contract No.

MA RC 2017-59 with Norris Brothers Co., Inc. to provide rigging services for the various

divisions of the Department of Public Utilities. (O 424-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803

823


Authorizing the purchase by one or more requirement contracts of labor and materials to

maintain, repair and upgrade the fire alarm systems at City Hall and Public Hall, for the

Department of Public Works, for a period up to two years. (O 646-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Authorizing the purchase by one or more requirement contracts of pumps, electric motors,

controls, transformers, circuit breakers, switchgear and appurtenances, and for materials,

equipment, supplies, parts, and services necessary to test, maintain, replace, and repair

water pumps, electric motors, controls, transformers, circuit breakers, switchgear and

appurtenances, including but not limited to inspection, supplies, repairing, testing, labor,

and installation, if necessary, for the Division of Water, Department of Public Utilities,

for a period up to two years. (O 696-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .794

Determining the method of making the public improvement of constructing the East 185th

Street and Marcella Road, Memphis Avenue, Henninger Road, Almira Avenue, and West

3rd Street area sewer replacement or rehabilitation projects, which may include but not

be limited to installing manholes and catch basins; authorizing the Director of Public

Utilities to enter into one or more public improvement contracts to construct the

improvement; authorizing the director to employ one or more professional consultants

necessary to design the improvement; authorizing the director to apply for and accept any

loans or grants from any public or private entity, including but not limited to, the

Northeast Ohio Regional Sewer District for Community Cost Share Program funding, for

this purpose; and authorizing the director to apply and pay for permits, licenses, and

other authorizations required for the improvement. (O 422-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803

To amend Ordinance No. 1292-15, passed December 7, 2015 and Ordinance No. 543-17, passed

June 5, 2017, relating to public improvement contracts for various sewer construction

projects and constructing and repairing catch basins and manholes to include Community

Cost Share Program funding from the Northeast Ohio Regional Sewer District. (O 459-18) . . . . . . . . . . . . . . . . .803





Cuyahoga County

Authorizing the Director of Public Safety to apply for and accept a grant from the United

States Department of Justice’s Bureau of Justice Assistance for the FY 2017 Byrne Justice

Assistance Grant (JAG) Local Solicitation; and authorizing one or more contracts with

Cuyahoga County and the cities of East Cleveland, Euclid, and Cleveland Heights needed

to implement the grant. (O 680-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .789

Cuyahoga County Port Authority





Cuyahoga County Public Safety and Justice Services

Authorizing the Director of Public Safety to apply for and accept a grant from the County

Public Safety and Justice Services for the FY 2017 Violence Against Women Act (VAWA)

grant for a sexual assault advocate under the Cleveland Domestic Violence Program; and

authorizing a contract with the Cleveland Rape Crisis Center. (O 683-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .790

Cuyahoga County Solid Waste District





Cuyahoga Metropolitan Housing Authority ( CMHA )




Division of Recreation






Dominion East Ohio



(O 651-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .762

824




(O 686-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .790

Economic Development Department

Authorizing the Director of Economic Development to enter into a loan agreement with

Playhouse Square Foundation, or its designee, to provide economic development

assistance to partially finance the development of a residential tower and parking garage

located at East 17th Street and Euclid Avenue, and other associated costs necessary to

redevelop the property. (O 356-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .802

Authorizing the Director of Economic Development to enter into a Tax Increment Financing

Agreement with Playhouse Square Foundation, or its designee, to support debt service

related to the project and to assist with the development of a residential tower and

parking garage at East 17th Street and Euclid Avenue; to provide for payments to the

Cleveland City School District; and to declare certain improvements to real property to be

a public purpose. (O 388-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803





Authorizing the Director of Economic Development to enter into one or more agreements with

FUSE Corps, and/or its designee, for the placement of an executive fellow within the

Department of Economic Development and for related services, for a period up to

seventeen months. (O 460-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803

Authorizing the Directors of Finance and Economic Development to transfer $1,750,000 from

the General Fund to Fund No. 17 SF 008 for the purpose of making Economic Development

loans and grants under the authority of Ordinance No. 90-10, passed February 8, 2010.

(O 661-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .766

Authorizing the Directors of Finance and Economic Development to transfer $250,000 from the

General Fund to Fund No. 17 SF 006 for the purpose of providing financial assistance

under the Neighborhood Retail Assistance Program, created under the authority of

Ordinance No. 2156-05, passed December 5, 2005, as amended; and to amend Section 8 of

Ordinance No. 2156-05 to increase the amount of financial assistance provided under the

program. (O 660-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .765


General Fund to Fund No. 17 SF 634 for the purpose of making grants from the

Neighborhood Development Program, under the authority of Ordinance No. 2567 A-88,

passed January 30, 1989, as amended. (O 662-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .766

Enterprise Funds



Fair Housing Advisory Board




approved. (F 707-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758


corrections on term dates of some appointments to the Fair Housing Advisory Board, new

term dates ending April 26, 2021 (from File No. 559-18). Without objection, the

appointment is approved. (F 709-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Finance Department





Approving the collective bargaining agreement with the Fraternal Order of Police, Lodge

No. 8 (FOP); and to amend Section 55 of Ordinance No. 323-15, passed March 30, 2015, as

amended by Ordinance No. 381-15, passed April 13, 2015, relating to compensation for










Authorizing the Director of Finance to employ one or more consultants, computer software

developers, or vendors or one or more firms of consultants, computer software developers,

825


or vendors necessary to implement various technology projects and upgrades to existing

systems under the 2018 ITS Capital Project Plan and the 2018 IT Courts Project Plan, and

other related professional services to implement the Plans; and to enter into various

contracts to implement this ordinance. (O 668-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .785

Authorizing the Director of Finance to employ one or more professional consultants to develop

or acquire a web based electronic payment software solution and related professional

services, for a period of two years with two one year options to renew, exercisable by the





(O 661-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .766






program. (O 660-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .765














Authorizing the issuance and sale of water revenue obligations to refund outstanding water

revenue obligations; authorizing agreements related to the obligations; and authorizing

and approving related matters. (O 664-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .766

To amend Section 37 of Ordinance 323-15, passed March 30, 2015, as amended by Ordinance No.

321-18, passed March 26, 2018, relating to compensation for various classifications.

(O 560-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804

To amend Section 52 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance

No. 403-15, passed April 27, 2015, relating to compensation for various classifications.

(O 561-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804




repairs. (O 667-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .784

To amend Sections 22, 28, and 59 of Ordinance No. 323-15, passed March 30, 2015, as amended by

various ordinances, relating to compensation for various classifications. (O 562-18) . . . . . . . . . . . . . . . . . . . . . . .804



Fire Alarm Systems




Fire Division

Oath of office for Barry L. Kifus, Lieutenant of Fire, City of Cleveland. (F 594-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Brandon C. Perrin, Lieutenant of Fire, City of Cleveland. (F 604-18) . . . . . . . . . . . . . . . . . . . . . . . . .758

Oath of office for Brian J. Hudak, Lieutenant of Fire, City of Cleveland. (F 590-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Christopher R. Sunyak, Lieutenant of Fire, City of Cleveland. (F 610-18) . . . . . . . . . . . . . . . . . . . . .758

Oath of office for Daniel McNeilly, Captain of Fire, City of Cleveland. (F 597-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Donald A. Taylor, Lieutenant of Fire, City of Cleveland. (F 611-18) . . . . . . . . . . . . . . . . . . . . . . . . . .758

Oath of office for Edward M. Jokkel, Lieutenant of Fire, City of Cleveland. (F 592-18) . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Emmanuel A. Colon, Lieutenant of Fire, City of Cleveland. (F 586-18) . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Eric L. Seaberry, Captain of Fire, City of Cleveland. (F 608-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Oath of office for Eric R. Ross, Captain of Fire, City of Cleveland. (F 606-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Oath of office for Erik R. Damasin, Lieutenant of Fire, City of Cleveland. (F 587-18) . . . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Erik T. Nielipinski, Lieutenant of Fire, City of Cleveland. (F 600-18) . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Gary G. McNamara, Lieutenant of Fire, City of Cleveland. (F 596-18) . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for James B. Hyvarinen, Lieutenant of Fire, City of Cleveland. (F 591-18) . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for James C. Matier, Lieutenant of Fire, City of Cleveland. (F 595-18) . . . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for James E. Kennedy, Lieutenant of Fire, City of Cleveland. (F 593-18) . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Jeffrey T. Dudley, Captain of Fire, City of Cleveland. (F 589-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for John F. Costello, Lieutenant of Fire, City of Cleveland. (F 588-18) . . . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Louis J. Ruggiero, Lieutenant of Fire, City of Cleveland. (F 607-18) . . . . . . . . . . . . . . . . . . . . . . . . . .758

Oath of office for Mark C. Sciulli, Lieutenant of Fire, City of Cleveland. (F 609-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

826


Oath of office for Michael D. Norman, Lieutenant of Fire, City of Cleveland. (F 601-18) . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Patrick M. Perkins, Captain of Fire, City of Cleveland. (F 603-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Richard A. Nickerson, Lieutenant of Fire, City of Cleveland. (F 599-18) . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Terrance S. Roach, Lieutenant of Fire, City of Cleveland. (F 605-18) . . . . . . . . . . . . . . . . . . . . . . . . .758

Oath of office for Todd A. O’Neill, Lieutenant of Fire, City of Cleveland. (F 602-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . .757

Oath of office for Zachariah D. Miklowski, Captain of Fire, City of Cleveland. (F 598-18) . . . . . . . . . . . . . . . . . . . . . . .757

FirstEnergy Stadium

Authorizing the Director of Capital Projects to employ one or more professional consultants to

conduct a Capital Audit assessment of FirstEnergy Stadium and its facilities. (O 653-18) . . . . . . . . . . . . . . . . . .763

General Fund




(O 661-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .766






program. (O 660-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .765





Grants






(O 419-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803

Authorizing the Director of Public Health to apply for and accept a grant from the United

States Department of Homeland Security for 2018-19 Biowatch Program. (O 676-18) . . . . . . . . . . . . . . . . . . . . . . .787

Authorizing the Director of Public Safety to apply for and accept a grant from Mt. Sinai Health

Care Foundation for the Cleveland Police Mindfulness Program; and authorizing one or

more agreements with Chris Checkett and River’s Edge: A Place for Reflection and

Action to implement the grant. (O 682-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .789

Authorizing the Director of Public Safety to apply for and accept a grant from the Ohio Office

of Criminal Justice Services for the FY 17 State Byrne Memorial Justice Assistance Grant

for the operation of the Northern Ohio Law Enforcement Task Force (NOLETF); and

authorizing the Director to enter into agreements with various municipalities or

governmental agencies needed to implement the grant. (O 679-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .788






improvement. (O 649-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .760

Health Department







Authorizing the Director of Public Health to enter into one or more contracts with managed

care organizations for the City to receive payments from Medicare, Medicaid, and

Medicaid HMO for treatment services under the Mental Health and Substance Abuse

Treatment Program, for a period up to five years. (O 677-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .788




Highland Park Golf Course

Authorizing the Director of Public Works to employ one or more professional consultants to

provide turf and landscaping maintenance and services at Highland Park Golf Course,

for a period of one year, with a one year option to renew, exercisable by the Director of

Public Works. (O 568-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804

827


Homeland Security



House Bill

Supporting House Bill 160, the Ohio Fairness Act which prohibits discrimination based on

sexual orientation or gender identity or expression. (R 627-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .798

Housing and Urban Development (HUD)




Human Resources Department



amended by Ordinance No. 1228-15, passed October 19, 2015, relating to compensation for various

classifications. (O 563-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804

Approving the collective bargaining agreement with the Fraternal Order of Police, Lodge No.

8 (FOP); and to amend Section 55 of Ordinance No. 323-15, passed March 30, 2015, as



To amend Section 37 of Ordinance 323-15, passed March 30, 2015, as amended by Ordinance No.

321-18, passed March 26, 2018, relating to compensation for various classifications.

(O 560-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804



(O 561-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804



Illegal Dumping





Income Tax





Karamu House




Landmark Commission







landmark. (O 1454-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .814


landmark. (O 1457-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .802

Lease Agreement







828






















Authorizing the Director of Port Control to enter into an amendment to the Multi-Phased

Option to Lease Agreement No. CT 9501 NF 2015 35 with Cumberland TCC, LLC, and any

resulting Lease Agreements, in order to extend certain construction commencement and

completion dates for projects located at the North Coast Harbor and the Harbor West

Docks. (O 670-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .786

Liquor Permits

#00810760005. Transfer of Ownership Application, C1 C2. Aigo LLC, 4360 Lee Rd. (Ward 1).

(F 617-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#0120983. Stock Application, C1 C2. Alis Deli Corp., 11119 Detroit Ave. (Ward 15). (F 615-18) . . . . . . . . . . . . . . . . . . . .758

#0951161. Transfer of Ownership Application, D5 D6. Brickstone Management LLC, 2217

East 9th St. (Ward 5). (F 613-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#194493100015. Liquor Agency Contract Application. Dave’s Supermarket, Inc., 3565 Ridge Rd.

(Ward 14). (F 622-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#22348152935. New License Application, C1. Dolgen Midwest LLC, 3040 Fulton Rd. (Ward 14).

(F 614-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#6030647. New License Application, D1. Minh Anh, Inc., 5424 28 Detroit Ave. (Ward 15).

(F 619-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#740156031562. Transfer of Location Application, C2. Rite Aid of Ohio, Inc., 10502 St. Clair Ave.

(Ward 9). (F 624-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#74608950005. Transfer of Ownership Application, C1 C2 D6. Rocky River Gas Station LLC, 4142

Rocky River Dr. (Ward-17). Received. (F 623-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#7505766. Transfer of Ownership Application, D1 D2 D3 D3A D6. RMTT LLC, 10038 42 Lorain

Ave. (Ward 11). (F 621-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#8053569. Transfer of Ownership Application, C1 C2. Shayeb Properties LLC, 14016 Triskett Rd.

(Ward-17). Received. (F 620-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#82191440020. Transfer of Ownership Application, C1. Sky Fuel, Inc., 3065 West 117th St.

(Ward 11). (F 618-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#8717580. New License Application, D5J. Superelectric LLC, 6500 Detroit Ave. (Ward 15).

(F 616-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Objecting to a New C1 Liquor Permit at 3643 East 116th Street. (R 631-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .801

Withdrawing objection to the transfer of ownership of a C2, C2X and D6 Liquor Permit at 4282

West 130th Street and repealing Resolution No. 1384-17 objecting to said permit. (R 635-18) . . . . . . . . . . . . . . . .802

Withdrawing objection to the transfer of stock of a C1 and C2 Liquor Permit at 4051 West 140th

Street and repealing Resolution No. 465-17, objecting to said transfer. (R 633-18) . . . . . . . . . . . . . . . . . . . . . . . . . .801

Withdrawing objection to the transfer of stock of a C2, C2X and D6 Liquor Permit at 4282 West

130th Street and repealing Resolution No. 1383-17, objecting to said transfer. (R 632-18) . . . . . . . . . . . . . . . . . . .801

Withdrawing objection to the transfer of stock of a D5 and D6 Liquor Permit at 13999 Lorain

Avenue, 1st floor and basement and repealing Resolution No. 1158-17, objecting to said

transfer. (R 634-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .801

Loan Agreement






Marathons

Consenting and approving the issuance of a permit for the Rite Aid 2018 Cleveland Marathon,

Half Marathon & 10K Course on May 20, 2018. (O 640-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .799

829


Mayor’s Appointments




approved. (F 707-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758


corrections on term dates of some appointments to the Fair Housing Advisory Board, new

term dates ending April 26, 2021 (from File No. 559-18). Without objection, the appointment

is approved. (F 709-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Name - Change

To designate Field #2 at Terminal Park as Taylor/Pifer Field. (O 626-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Northeast Ohio Regional Sewer District ( NEORSD )














(O 419-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803



3rd Street area sewer replacement or rehabilitation projects, which may include but not be

limited to installing manholes and catch basins; authorizing the Director of Public






this purpose; and authorizing the director to apply and pay for permits, licenses, and other

authorizations required for the improvement. (O 422-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803





Oath of Office



























830


Office of Criminal Justice Services






Ohio Department of Transportation (ODOT)






improvement. (O 649-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .760

Ohio University





Parks


Peddlers

Authorizing the issuance of a Mobile Permit to Alivia Leeth of Arrogant Apparel to engage in

mobile vending in Ward 2. (O 642-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .800

Authorizing the issuance of a Mobile Permit to Jeffrey Dalton of TMobile to engage in mobile

vending in Ward 2. (O 643-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .800

Authorizing the issuance of a Mobile Permit to Lavelle Ross of Goodfellas Ice Cream to

engage in mobile vending in Wards 2, 3 and 7. (O 644-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .800

Authorizing the issuance of a Mobile Permit to Shawn Stephens of Shawn Stephens Ice Cream

to engage in mobile vending in Wards 3 and 7. (O 645-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .800

Permits








vending in Ward 2. (O 643-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .800







Plats




Services and Properties, and Development Planning and Sustainability. Without objection,

Plat approved. (F 612-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Playhouse Square












831


Police Division





Port Control Department



























Authorizing the Director of Port Control to enter into an amendment to the Multi-Phased

Option to Lease Agreement No. CT 9501 NF 2015 35 with Cumberland TCC, LLC, and any

resulting Lease Agreements, in order to extend certain construction commencement and

completion dates for projects located at the North Coast Harbor and the Harbor West

Docks. (O 670-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .786



upgrade the noise monitoring equipment and software required for FAA Part 150 a

dherence, for a period of one year, with three one year options to renew, the second of





Authorizing the Director of Port Control to exercise the third option to renew Contract No. LS

2018-3 with the Cleveland Browns Stadium Company LLC to provide for the use of the


Professional Services








upgrade the noise monitoring equipment and software required for FAA Part 150

adherence, for a period of one year, with three one year options to renew, the second of














832






Professional Services Contracts



(O 651-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .762




contracts; authorizing the Commissioner of Purchases and Supplies to acquire for

right-of-way purposes any real property and easements necessary; and accepting cash


Authorizing the Director of Finance to employ one or more consultants, computer software

developers, or vendors or one or more firms of consultants, computer software developers,

or vendors necessary to implement various technology projects and upgrades to existing

systems under the 2018 ITS Capital Project Plan and the 2018 IT Courts Project Plan, and

other related professional services to implement the Plans; and to enter into various

contracts to implement this ordinance. (O 668-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .785

Authorizing the Director of Finance to employ one or more professional consultants to develop

or acquire a web based electronic payment software solution and related professional

services, for a period of two years with two one year options to renew, exercisable by the


Authorizing the Director of Public Safety to enter into one or more contracts with Radio One

for professional services necessary to implement the 2018 police, fire, and emergency

medical service recruitment and awareness advertising campaign and to continue the

Guardians of the Land overlay campaign, for a period of one year. (O 685-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .790

Authorizing the Director of Public Utilities to employ one or more consultants or vendors to

provide professional services necessary to perform general information technology

improvements to departmental IT systems, equipment, infrastructure, and

telecommunications; to enter into various contracts to implement this ordinance; for a

period of one year. (O 693-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .792











two years. (O 694-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .793


RC 2016-98 with Pro Tech Systems Group, Inc. to maintain the SCADA and PCCS Systems,

including replacement parts, equipment, software, upgrades and other services, support,

and maintenance for the operation of the systems; and authorizing the director to apply

for and accept funding from the Northeast Ohio Regional Sewer District under the

Community Cost Share Program. (O 690-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .792

Authorizing the Director of Public Utilities to exercise the first options to renew various

contracts for general training to supplement the department’s employee training and

development program, for the Department of Public Utilities. (O 689-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .791




Public Works. (O 568-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804
















improvement. (O 649-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .760




repairs. (O 667-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .784

833


Public Hearings (Notices)




(Map Change No. 2580). (O 368-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .814




landmark. (O 1454-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .814

Public Improvement Contracts




contracts; authorizing the Commissioner of Purchases and Supplies to acquire for

right-of-way purposes any real property and easements necessary; and accepting cash


Determining the method of making the public improvement of constructing the State Road

water main replacement project in the City of North Royalton; and authorizing the

Director of Public Utilities to enter into one or more public improvement contracts for the

making of the improvement. (O 692-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .792

















Public Improvements






(O 419-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803

Authorizing the Director of Capital Projects to employ one or more professional consultants to

provide various architectural, engineering, testing, and related services needed for

various capital improvement projects, for a period of up two years with two options to

renew for additional one year period, exercisable by the Director of Capital Projects.

(O 654-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .764



3rd Street area sewer replacement or rehabilitation projects, which may include but not be

limited to installing manholes and catch basins; authorizing the Director of Public









for improving a portion of Scranton; to apply for and accept any gifts or grants from any




improvement. (O 650-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .761





834


Public Works




Public Works. (O 568-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804

Authorizing the Director of Public Works to enter into one or more Concession Agreements

for the operation of concession stands at Gordon Park and Brookside Park, for the

Department of Public Works, for a period not to exceed three years. (O 499-18) . . . . . . . . . . . . . . . . . . . . . . . . . . .804
























Recognition

Recognition Resolution for Congresswoman Marcy Kaptur. (R 703-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Recognition Resolution for Il Cenacolo Italiano di Cleveland 90th Anniversary. (R 705-18) . . . . . . . . . . . . . . . . . . . . .758

Recognition Resolution for National Public Works Week. (R 704-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Regional Transit Authority ( RTA )


approval of the appointment of Kelley C. Britt to Greater Cleveland Regional Transit

Authority (RTA) Board, term ending March 1, 2020 (from File No. 559-18). Without

objection, the appointment is approved. (F 708-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Resolution of Support



Revenue Bonds






Safety Department














Authorizing the Director of Public Safety to enter into one or more contracts with Radio One

for professional services necessary to implement the 2018 police, fire, and emergency

medical service recruitment and awareness advertising campaign and to continue the

Guardians of the Land overlay campaign, for a period of one year. (O 685-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .790

835
































Salaries





Approving the collective bargaining agreement with the Fraternal Order of Police, Lodge

No. 8 (FOP); and to amend Section 55 of Ordinance No. 323-15, passed March 30, 2015, as



To amend Section 37 of Ordinance 323-15, passed March 30, 2015, as amended by Ordinance

No. 321-18, passed March 26, 2018, relating to compensation for various classifications.

(O 560-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804



(O 561-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804



Sewers





Tax Increment Financing ( TIF )







Utilities Department



(O 686-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .790

Authorizing the Director of Public Utilities to employ one or more consultants or vendors to

provide professional services necessary to perform general information technology

improvements to departmental IT systems, equipment, infrastructure, and

telecommunications; to enter into various contracts to implement this ordinance; for a

period of one year. (O 693-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .792

836












two years. (O 694-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .793

Authorizing the Director of Public Utilities to enter into one or more contracts with

Windstream Lines for telecommunication service lines needed for Automated Meter

Reading (AMR), SCADA control, security cameras, and telephones at Ledge Tower,

Darrow Tower, Shepard Tower and the South Twinsburg Tower located in Twinsburg,

Northfield, and Macedonia, Ohio, which are outside of Cuyahoga County and beyond the

AT&T service area; and to authorize payment of monthly charges to Windstream, for a

period up to three years. (O 691-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .792








Authorizing the Director of Public Utilities to exercise the first options to renew various

contracts for general training to supplement the department’s employee training and

development program, for the Department of Public Utilities. (O 689-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .791

















this purpose; and authorizing the director to apply and pay for permits, licenses, and other

authorizations required for the improvement. (O 422-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803









Utilities Gas/Electric Generation









Ward 01

#00810760005. Transfer of Ownership Application, C1 C2. Aigo LLC, 4360 Lee Rd. (Ward 1).

(F 617-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758


Ward 02






837





vending in Ward 2. (O 643-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .800

Authorizing the issuance of a Mobile Permit to Lavelle Ross of Goodfellas Ice Cream to engage

in mobile vending in Wards 2, 3 and 7. (O 644-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .800


Objecting to a New C1 Liquor Permit at 3643 East 116th Street. (R 631-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .801

Ward 03



















(Map Change No. 2580). (O 368-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .814



(Map Change No. 2583). (O 630-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .797























improvement. (O 650-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .761



Ward 04

Condolence Resolution for Dorothy (Nix) Polk. (R 698-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758


Ward 05

#0951161. Transfer of Ownership Application, D5 D6. Brickstone Management LLC, 2217 East

9th St. (Ward 5). (F 613-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758










838






Ward 06









Changing the Use, Area and Height of parcels of land between East 110th Street and East

115th Street north of Martin Luther King, Jr. Drive and south of Woodland Avenue for the


(Map Change No. 2582). (O 628-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .794

Condolence Resolution for Macie (Heard) Williams. (R 700-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758


Ward 07














Ward 08






Congratulations Resolution for Deacon Peter Travalik 25th Anniversary. (R 701-18) . . . . . . . . . . . . . . . . . . . . . . . . . .758













Ward 09

#740156031562. Transfer of Location Application, C2. Rite Aid of Ohio, Inc., 10502 St. Clair Ave.

(Ward 9). (F 624-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758





landmark. (O 1454-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .814


landmark. (O 1457-17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .802

Ward 10






839


Appreciation Resolution for First Lady Gwendolyn Howard. (R 706-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Condolence Resolution for Minnie Lee Liddell. (R 712-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758


Ward 11

#7505766. Transfer of Ownership Application, D1 D2 D3 D3A D6. RMTT LLC, 10038 42 Lorain

Ave. (Ward 11). (F 621-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#82191440020. Transfer of Ownership Application, C1. Sky Fuel, Inc., 3065 West 117th St.

(Ward 11). (F 618-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758






Condolence Resolution for Dr. Carl E. Locke. (R 697-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758






Ward 12






















Ward 13

















Recognition Resolution for Congresswoman Marcy Kaptur. (R 703-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Recognition Resolution for National Public Works Week. (R 704-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Ward 14

#194493100015. Liquor Agency Contract Application. Dave’s Supermarket, Inc., 3565 Ridge Rd.

(Ward 14). (F 622-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#22348152935. New License Application, C1. Dolgen Midwest LLC, 3040 Fulton Rd. (Ward 14).

(F 614-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758






840




No. 2581). (O 629-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .796







improvement. (O 650-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .761

Ward 15

#0120983. Stock Application, C1 C2. Alis Deli Corp., 11119 Detroit Ave. (Ward 15). (F 615-18) . . . . . . . . . . . . . . . . . . . .758

#6030647. New License Application, D1. Minh Anh, Inc., 5424 28 Detroit Ave. (Ward 15).

(F 619-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#8717580. New License Application, D5J. Superelectric LLC, 6500 Detroit Ave. (Ward 15).

(F 616-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758






Condolence Resolution for Dominic D’Alessio. (R 711-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Congratulations Resolution for Reverend Pastor Myrle Weems. (R 702-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758







Services and Properties, and Development Planning and Sustainability. Without

objection, Plat approved. (F 612-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

Recognition Resolution for Il Cenacolo Italiano di Cleveland 90th Anniversary. (R 705-18) . . . . . . . . . . . . . . . . . . . . .758



Ward 16






Condolence Resolution for Br. James Everett, C.S.C. (R 710-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758



Withdrawing objection to the transfer of ownership of a C2, C2X and D6 Liquor Permit at 4282

West 130th Street and repealing Resolution No. 1384-17 objecting to said permit. (R 635-18) . . . . . . . . . . . . . . . .802

Withdrawing objection to the transfer of stock of a C1 and C2 Liquor Permit at 4051 West

140th Street and repealing Resolution No. 465-17, objecting to said transfer. (R 633-18) . . . . . . . . . . . . . . . . . . . .801

Withdrawing objection to the transfer of stock of a C2, C2X and D6 Liquor Permit at 4282 West

130th Street and repealing Resolution No. 1383-17, objecting to said transfer. (R 632-18) . . . . . . . . . . . . . . . . . . .801

Withdrawing objection to the transfer of stock of a D5 and D6 Liquor Permit at 13999 Lorain

Avenue, 1st floor and basement and repealing Resolution No. 1158-17, objecting to said

transfer. (R 634-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .801

Ward 17

#74608950005. Transfer of Ownership Application, C1 C2 D6. Rocky River Gas Station LLC,

4142 Rocky River Dr. (Ward 17). Received. (F 623-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758

#8053569. Transfer of Ownership Application, C1 C2. Shayeb Properties LLC, 14016 Triskett Rd.

(Ward 17). Received. (F 620-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .758









the method of making the public improvement; and authorizing contracts to construct

and design the improvement and other contracts that are necessary to implement the

project. (O 419-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803


841


Water Division











two years. (O 694-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .793












Water Mains

Authorizing the Director of Public Utilities to employ one or more professional consultants to

perform engineering design of various water main renewal, repair, and replacement

projects, for a period up to four years. (O 695-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .794





Water Pollution Control Division ( WPC )











two years. (O 694-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .793

Zoning

Changing the Use, Area and Height of parcels of land between East 110th Street and East 115th

Street north of Martin Luther King, Jr. Drive and south of Woodland Avenue for the


(Map Change No. 2582). (O 628-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .794




(Map Change No. 2580). (O 368-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .814



No. 2581). (O 629-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .796



(Map Change No. 2583). (O 630-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .797




842
