Columbus City Bulletin

Bulletin #30 July 29, 2006

Proceedings of City Council Saturday, July 29, 2006

SIGNING OF LEGISLATION

(With the exception of Ordinance 1318-2006 which was signed by Council President Pro-Tem, Michael C. Mentel on the night of the Council Meeting, Monday, July 24, 2006 and by Mayor, Michael B. Coleman on Tuesday, July 25, 2006 and Ordinance 1116-2006 which was signed by Council President, Matthew Habash and Mayor, Michael B. Coleman on Monday, July 24, 2006 all other legislation listed in this bulletin was signed by Council President, Matthew Habash, on the night of the Council meeting, Monday, July24, 2006; Mayor, Michael B. Coleman on Tuesday, July 25, 2006 and attested by the City Clerk, Andrea Blevins prior to Bulletin publishing.)

The City Bulletin Official Publication of the City of Columbus

Published weekly under authority of the City Charter and direction of the City Clerk. The Office of Publication is the City Clerk’s Office, 90 W. Broad Street, Columbus, Ohio 43215, 614-645-7380. The City Bulletin contains the official report of the proceedings of Council. The Bulletin also contains all ordinances and resolutions acted upon by council, civil service notices and announcements of examinations, advertisements for bids and requests for professional services, public notices; and details pertaining to official actions of all city departments. If noted within ordinance text, supplemental and support documents are available upon request to the City Clerk’s Office.

Columbus City Bulletin (Publish Date 07/29/06) 2 of 408

Council Journal (minutes)

Columbus City Bulletin (Publish Date 07/29/06) 4 of 408 Office of City Clerk City of Columbus 90 West Broad Street Columbus OH Journal - Final 43215-9015 columbuscitycouncil.org Columbus City Council

ELECTRONIC READING OF MEETING DOCUMENTS AVAILABLE DURING COUNCIL OFFICE HOURS. CLOSED CAPTIONING IS AVAILABLE IN COUNCIL CHAMBERS. ANY OTHER SPECIAL NEEDS REQUESTS SHOULD BE DIRECTED TO THE CITY CLERK'S OFFICE AT 645-7380 BY FRIDAY PRIOR TO THE COUNCIL MEETING. Monday, July 24, 2006 5:00 PM Columbus City Council

Columbus City Council Journal July 24, 2006

REGULAR MEETING NO. 38 OF COLUMBUS CITY COUNCIL, JULY 24, 2006 at 5:00 P.M. IN COUNCIL CHAMBERS. ROLL CALL

Present: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash READING AND DISPOSAL OF THE JOURNAL

A motion was made by Ms. Hudson, seconded by President Pro-Tem Mentel, to Dispense with the reading of the Journal and Approve. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash C0019-2006 THE FOLLOWING COMMUNICATIONS WERE RECEIVED IN THE CITY CLERK'S OFFICE AS OF WEDNESDAY, JULY 19, 2006:

New Type: C1, C2 To: Sunflower Markets LLC DBA Sunflower Market 889 Bethel Rd Columbus, Ohio 43214 permit # 8694192

New Type: C1, C2 To: Sunflower Markets LLC DBA Sunflower Market 18 East 9th Av Columbus, Ohio 43201 permit # 86941920005

New Type: D5 To: Abuelos International L P DBA Abuelos Mexican Food Embassy 3950 Gramercy St Columbus, Ohio 43219 permit # 00369040030

City of Columbus 1 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 5 of 408 Columbus City Council Journal July 24, 2006

New Type: D2 To: Daniel L Pizzurro DBA Eddies Bar 1st Fl & Bsmt 2329 W Broad St Columbus, Ohio 43204 Daniel Pizzurro permit # 69524490075

New Type: D3 To: Daniel L Pizzurro DBA El Grotto 2324 W Broad St Columbus, Ohio 43204 permit # 69524490070

New Type: C1, C2 To: UDF Limited Partnership II DBA United Dairy Farmers 677 5230 Warner Rd Columbus, Ohio 43081 permit # 91335120677

Transfer Type: D5J To: NM Darr Inc DBA R Arena Bar 99 W Nationwide Blvd Columbus, Ohio 43215 From: George T V LLC 99 W Nationwide Blvd Columbus, Ohio 43215 permit # 6430386

Transfer Type: D1 To: Cazuela Grill Authentic Mexican Cuisine 2247 North High St Columbus, Ohio 43201 From: Jin Korean Inc 2155 N High St Columbus, Ohio 43201 permit # 1347601

Transfer Type: D1 To: Donatos Pizzeria LLC DBA Donatos Pizza 1891 Tamarack Cir N Columbus, Ohio 43026 From: Donatos Pizzeria LLC DBA Donatos Pizza 6965 E Broad St Columbus, Ohio 43213

City of Columbus 2 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 6 of 408 Columbus City Council Journal July 24, 2006

permit # 22506630131

Transfer Type: D1, D3, D3A To: Sin City Entertainment LLC 281-83 E Spring St Columbus, Ohio 43215 From: Dueces Wild Inc 1964 1/2 Parsons Av 2nd Fl Columbus, Ohio 43207 Joy Farrar permit # 8184852

Advertise 7/29/06 Return 8/07/06 Read and Filed RESOLUTIONS OF EXPRESSION BOYCE

0136X-2006 To honor the memory of Rahsaan Roland Kirk and proclaim August 7-11, 2006 Rahsaan Roland Kirk Week in Columbus, Ohio. Sponsors: Kevin L. Boyce

A motion was made by Mr. Boyce, seconded by Ms. Tavares, that this matter be Adopted. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash ADDITIONS OR CORRECTIONS TO THE AGENDA

THE FOLLOWING ITEMS WERE REMOVED FROM THE CONSENT PORTION OF THE AGENDA AND VOTED ON LATER IN THE MEETING HEALTH, HOUSING & HUMAN SERVICES: 1219-2006, 1291-2006, 1297-2006, 1307-2006 A MOTION WAS MADE BY COUNCILMEMBER BOYCE, SECONDED BY COUNCILMEMBER TAVARES TO WAIVE THE READING OF THE TITLES OF FIRST READING LEGISLATION. THE MOTION CARRIED THE FOLLOWING VOTE: AFFIRMATIVE: 7 NEGATIVE: 0 FIRST READING OF 30-DAY LEGISLATION ADMINISTRATION: BOYCE, CHR. MENTEL HUDSON HABASH

1359-2006 FR To authorize the Finance and Management Director to contract for the Facilities Management Division with K&M Kleening Service, Inc. for custodial services at the Health Department at 240 Parsons Avenue; to authorize the expenditure of $297,743.00 from the General Fund. ($297,743.00) Read for the First Time JOBS AND ECONOMIC DEVELOPMENT COMMITTEE: HUDSON, CHR. O'SHAUGHNESSY THOMAS HABASH 1233-2006 FR To authorize and direct the Director of the Columbus Department of Development to apply to the Ohio Department of Development Roadwork Development Account for grant assistance in an amount up to $270,000 for the installation of a new traffic signal at New Albany Road and Walton

City of Columbus 3 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 7 of 408 Columbus City Council Journal July 24, 2006

Parkway. Read for the First Time 1342-2006 FR To authorize the Director of the Department of Development to enter into a Columbus Downtown Office Incentive Program agreement with Expesite LLC as provide in Columbus City Council Resolution 075X-2004 adopted March 29, 2004. Read for the First Time 1343-2006 FR To authorize the Director of the Department of Development to enter into a Columbus Downtown Office Incentive Program agreement with Hexion Specialty Chemical, Inc. as provide in Columbus City Council Resolution 075X-2004 adopted March 29, 2004. Read for the First Time 1358-2006 FR To authorize and request that Capitol South Community Urban Redevelopment Corporation make a grant of $1,150,000 to Campus-Seneca Management, Inc. from accumulated ground rents that are payable to the City for the abatement and remediation of asbestos containing materials for the Seneca Hotel Housing Project. Read for the First Time 1367-2006 FR To authorize the Director of Development to amend the Enterprise Zone Agreement with Shonac Corporation to reflect the company's new name of DSW, Inc. and to transfer 195 retained jobs to the new proposed corporate facility; and to repeal Ordinance 2445-2003, passed December 8, 2003. Read for the First Time 1372-2006 FR To authorize the Director of Development to enter into an agreement with Action Group, Inc. for a Jobs Creation Tax Credit of 60% for a period of six years in consideration of a proposed $1,385,000 investment, the retention of 69 new full-time jobs and the creation of 25 new full-time jobs. Read for the First Time DEVELOPMENT: O'SHAUGHNESSY, CHR. HUDSON TAVARES HABASH

1266-2006 FR To agree to the adjustment of the boundaries between the City of Columbus and the City of Upper Arlington by consenting to the transfer from the City of Columbus to the City of Upper Arlington of one parcel of land consisting of approximately 0.292 acre currently located within the northeasterly boundary line of Columbus. Read for the First Time 1271-2006 FR To authorize the Director of Development to enter into a second contract modification to the Whittier Site Assessment Contract with Burgess and Niple, Incorporated, by extending the term of the existing contract, expanding the scope, and increasing the total contract amount; to authorize the City Auditor to transfer $200,000 from the Special Income Tax Fund to the Northland and Other Acquisitions Fund; and to authorize the expenditure of $200,000. ($200,000) Read for the First Time 1276-2006 FR To authorize the appropriation and expenditure of $4,200 from the Miranova TIF Fund - City Riverfront Vision Account in order to pay the filing fee to submit a Conditional Letter of Map Revision for the Whittier Peninsula

City of Columbus 4 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 8 of 408 Columbus City Council Journal July 24, 2006

development area with the Federal Emergency Management Agency. ($4,200) Read for the First Time 1330-2006 FR To adopt the Big Darby Accord Watershed Master Plan. Read for the First Time PUBLIC SERVICE & TRANSPORTATION: O'SHAUGHNESSY, CHR. HUDSON TAVARES HABASH 1319-2006 FR To authorize the Public Service Director to enter into an agreement with the Director of the Ohio Department of Transportation and to grant consent and propose cooperation with the State of Ohio for this Civic Center Drive Project from 355 feet north of Broad Street to Town Street for the Transportation Division. ($0) Read for the First Time UTILITIES: THOMAS, CHR. MENTEL O'SHAUGHNESSY HABASH

1189-2006 FR To authorize the Public Utilities Director to enter into a planned modification of the contract with the State of Ohio for water supply from Alum Creek Reservoir. Read for the First Time 1201-2006 FR To authorize the Director of Public Utilities to execute a construction contract with Complete General Construction Co. in the amount of $2,485,987.80; to provide for payment of inspection, material testing and related services to the Transportation Division in the amount of $374,000.00; for the Refugee Rd. Underpass Pump Station Replacement; to authorize the transfer of $1,459,987.80 within the Storm Sewer Bond Fund; to authorize an amendment to the 2006 Capital Improvements Budget; for the Division of Sewerage and Drainage; and to authorize the expenditure of $2,859,987.80 within the Storm Sewer Bond Fund. ($2,859,987.80) Read for the First Time 1279-2006 FR To Authorize the Director of Public Utilities to enter into contract with the Complete General Construction Company, for the construction of the Sanitary System Rehabilitation-Downtown Small Diameter Sanitary Sewer Improvements Project, to authorize the appropriation, transfer and expenditure of $1,314,375.90 from the Sewer System Reserve Fund to the Voted Sanitary Bond Fund for the Division of Sewerage and Drainage. ($1,314,375.90) Read for the First Time 1295-2006 FR To grant the Director of Public Utilities authority to execute, on behalf of the City of Columbus, all new or renewal utility easement agreements that the Director has determined must be obtained from the State of Ohio and/or The Ohio State University, as necessary for the construction, operation or maintenance of such utilities. Read for the First Time 1352-2006 FR To authorize the City Auditor to create and maintain a Storm Sewer System Permanent Improvement Fund. Read for the First Time RECREATION & PARKS: HABASH, CHR. BOYCE, MENTEL, THOMAS

City of Columbus 5 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 9 of 408 Columbus City Council Journal July 24, 2006

1363-2006 FR To authorize the Director of Recreation and Parks to enter into an agreement providing for the conveyance to Columbus Firefighters Union Local #67 of a portion of, and certain interests in the property situated generally at the southwest corner of Broad and Starling Streets and for the establishment of a small, adjacent public park honoring fire fighting and firefighters in Columbus, to execute a quit claim deed conveying such property and interests, to execute other pertinent documents and, to the extent applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959). Read for the First Time RULES & REFERENCE: HABASH, CHR. MENTEL HUDSON TAVARES

1056-2006 FR To amend Section 2321.51 of the Columbus City Codes, 1959, to create the offense of impersonating a federal law enforcement officer. Sponsors: Michael C. Mentel

Read for the First Time 1269-2006 FR To enact new Section 223.09 and to amend Section 223.03 of the Columbus City Codes, 1959, to create a new office of construction management within the department of finance and management which will be responsible for supervision and management of contracts for the design, construction, renovation, or repair of buildings or structures used in city operations. Sponsors: Kevin L. Boyce

Read for the First Time CONSENT ACTIONS RESOLUTIONS OF EXPRESSION HABASH

0133X-2006 CA To recognize Jerry Bahlmann for his contributions to the Columbus community on the occasion of his retirement from Battelle. Sponsors: Matthew D. Habash

A motion was made by Ms. Tavares, seconded by Ms. O'Shaughnessy, that this matter be Adopted. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash ADMINISTRATION: BOYCE, CHR. MENTEL HUDSON HABASH

1091-2006 CA To authorize the Director of the Department of Technology to establish a contract with LBL Technology Partners for Disaster Recovery /Continuity of Government planning for the Department of Technology; to authorize the expenditure of $140,000.00 from the Information Services Capital Improvement Fund for this purpose; and to declare an emergency. ($140,000.00) This Matter was Approved on the Consent Agenda.

1235-2006 CA To authorize the Director of Finance and Management, for the Department of Technology to purchase replacement desktop computers and computer related products and equipment on behalf of various city agencies from

City of Columbus 6 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 10 of 408 Columbus City Council Journal July 24, 2006

pre-established universal term contracts with Resource One and Smart Solutions; to authorize the expenditure of $275,398.50 from the Department of Technology Internal Service Fund; and to declare an emergency ($275,398.50) This Matter was Approved on the Consent Agenda.

1238-2006 CA To authorize the City Treasurer to modify a contract with Fifth Third Banks and its processing agent, Fifth Third Processing Solutions to extend the contract period and for the provision of credit card processing services, and to authorize the expenditure of $3,300.00 from the Department of Recreation and Parks Operating Fund, and to declare an emergency. ($3,300.00) A motion was made by Ms. Tavares, seconded by Ms. O'Shaughnessy, that this matter be Approved. The motion carried by the following vote: Abstained: 1 - Ms. Hudson Affirmative: 6 - Mr. Boyce, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1288-2006 CA To authorize the Director of Finance and Management to establish a purchase order, for the Department of Technology, with Software House International, for various Microsoft software products and licenses; to authorize the expenditure of $295,000.00 or so much as may be needed from the information services fund; and to declare emergency ($295,000.00) This Matter was Approved on the Consent Agenda.

SAFETY & JUDICIARY: MENTEL, CHR. BOYCE THOMAS HABASH

0891-2006 CA To authorize and direct the Finance and Management Director to issue a purchase order to Horizon Chillicothe Telephone in the amount of $170,321.00, for the purchase of PBX Equipment for the Fire Division; to amend the 2006 Capital Improvements Budget; authorize the transfer within projects and expenditure of $170,321.00 from the Safety Bond Fund; and to declare an emergency. ($170,321.00) This Matter was Approved on the Consent Agenda.

1221-2006 CA To authorize and direct the Director of Public Safety to enter into contract with Lewis & Michael Inc. for moving services and Matrix Systems Inc. for security installation for the new Public Warehouse, to authorize the expenditure of $14,422.00 from the Safety Capital Improvement Funds; and to declare an emergency. ($14,422.00) This Matter was Approved on the Consent Agenda.

1232-2006 CA To authorize and direct the Director of Finance and Management to enter into a contract with Standard Law Enforcement Supply Co. for the purchase of semi-automatic pistols for the Division of Police, to authorize the transfer and expenditure of $51,612.50 from the General Fund; and to declare an emergency. ($51,612.50) This Matter was Approved on the Consent Agenda.

1236-2006 CA To authorize and direct the Director of Finance and Management and/or the Director of Public Safety to enter into contracts for computer mounts, 4-corner strobes, up-fit equipment, delivery of Impalas, emergency hatches/handles; to authorize the appropriation and expenditure of

City of Columbus 7 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 11 of 408 Columbus City Council Journal July 24, 2006

$82,232.00 from the Capital South Fund and to declare an emergency. ($82,232.00) This Matter was Approved on the Consent Agenda.

1237-2006 CA To authorize the Finance and Management Director to enter into contract for the Facilities Management Division with Cornerstone Maintenance Services, Ltd. for the replacement of two furnaces at Police Substation #17, 5400 Olentangy River Road, to authorize the expenditure of $11,176.00 from the Safety Voted Bond Fund, and to declare an emergency. ($11,176.00) This Matter was Approved on the Consent Agenda.

1293-2006 CA To authorize and direct the Finance and Management Director to enter into a contract for the option to purchase Fire Uniforms with Roy Tailor Uniform Company of Columbus, Inc. to authorize the expenditure of one dollar to establish the contract from the Universal Term Contract Fund, and to declare an emergency. ($1.00). This Matter was Approved on the Consent Agenda.

1301-2006 CA To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Charleston Avenue Stormwater System Improvements Project, and to declare an emergency. This Matter was Approved on the Consent Agenda.

1311-2006 CA To authorize the Administrative and Presiding Judge of the Franklin County Municipal Court to accept a grant award from the State of Ohio, Department of Rehabilitation and Correction, for enhanced probationary services; to appropriate $146,205 from the unappropriated balance of the general government grant fund; and to declare an emergency. ($146,205.00) This Matter was Approved on the Consent Agenda.

1326-2006 CA To authorize the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Bill Moose Run Sanitary Sewer Improvement and to declare an emergency. This Matter was Approved on the Consent Agenda.

1360-2006 CA To authorize the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Britton/Cosgray 16" Water Main Project, and to declare an emergency. This Matter was Approved on the Consent Agenda.

1379-2006 CA To authorize the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Hap Cremean Raw Water Line project and to declare an emergency. This Matter was Approved on the Consent Agenda.

1390-2006 CA To authorize and direct the Director of Finance & Management to execute those documents necessary for the acquisition of body armor to the Division of Fire's Bomb Squad from Roy Tailor Uniforms, and to declare an emergency.($0)

City of Columbus 8 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 12 of 408 Columbus City Council Journal July 24, 2006

This Matter was Approved on the Consent Agenda.

DEVELOPMENT: O'SHAUGHNESSY, CHR. HUDSON TAVARES HABASH

1243-2006 CA To authorize the acceptance of a deed for a parcel of land to be held in the Lank Bank inventory (961 E. 18th Avenue). This Matter was Approved on the Consent Agenda.

1244-2006 CA To authorize the acceptance of a deed for a parcel of land to be held in the Lank Bank Inventory until sold. (00 Whitethorne) This Matter was Approved on the Consent Agenda.

1296-2006 CA To set forth a statement of municipal services and zoning conditions to be provided to the area contained in a proposed annexation (AN06-009) of 4.8± Acres in Plain Township to the city of Columbus as required by the Ohio Revised Code and to declare an emergency. This Matter was Approved on the Consent Agenda.

1350-2006 CA To authorize the Director of the Department of Development to execute any and all necessary agreements and deeds for conveyance of title of a parcel of real property (79-81 E. Morrill Avenue) held in the Land Bank pursuant to the Land Reutilization Program; and to declare an emergency. This Matter was Approved on the Consent Agenda.

1351-2006 CA To authorize the Director of the Department of Development to execute any and all necessary agreements and deeds for conveyance of title of a parcel of real property (811 S. 22nd Street ) held in the Land Bank pursuant to the Land Reutilization Program; and to declare an emergency. This Matter was Approved on the Consent Agenda.

PUBLIC SERVICE & TRANSPORTATION: O'SHAUGHNESSY, CHR. HUDSON TAVARES HABASH 1205-2006 CA To authorize the Public Service Director to enter into an agreement with the Director of the Ohio Department of Transportation and to grant consent and propose cooperation with the State of Ohio for this US 40 Urban Paving Project from Hague Avenue to Central Avenue for the Transportation Division. ($0) This Matter was Approved on the Consent Agenda.

1241-2006 CA To amend Ordinance 1212-2005 to reflect expenditures for the Strawberry Farms - 2005 (Phase I) project being authorized from the Arterial Street Rehabilitation Project instead of the Traffic Calming Project for the Transportation Division and to declare an emergency. ($0.00) This Matter was Approved on the Consent Agenda.

1256-2006 CA To authorize the Public Service Director to enter into a contract for the Transportation Division with The Shelly Company for construction of the Parsons Avenue Alleys project; to authorize the expenditure of $300,232.80 from the 1995, 1999, 2004 Voted Street and Highway Funds for the Transportation Division; and to declare an emergency. ($300,232.80). This Matter was Approved on the Consent Agenda.

1257-2006 CA To authorize the Public Service Director to enter into a contract for the

City of Columbus 9 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 13 of 408 Columbus City Council Journal July 24, 2006

Transportation Division with McDaniel's Construction Corp., Inc. for construction of the Maize Road Sidewalks Project; to authorize the expenditure of $429,091.00 from the 1995, 1999, 2004 Voted Street and Highway Funds for the Transportation Division; and to declare an emergency. ($429,091.00). This Matter was Approved on the Consent Agenda.

1267-2006 CA To authorize the Public Service Director to make payment to the Franklin County Engineering Department for snow and ice removal services rendered by the county engineer on city streets during the 2005-2006 winter season for the Transportation Division; to authorize the expenditure of $144,981.85 for this purpose from the Municipal Motor Vehicle License Tax Fund and to declare an emergency. ($144,981.85) This Matter was Approved on the Consent Agenda.

1283-2006 CA To authorize the Director of Public Service to modify and increase the contract with ms consultants, inc. for preparation of construction plans for the High Street Neighborhood Commericial Revitilization project for the Transportation Division; to authorize the expenditure of $20,000.00 from the Waterworks Enlargement Voted 1991 Bonds Fund; and the transfer and expenditure of $70,718.35 from within the Voted Sanitary Bond Fund; and to declare an emergency. ($90,718.35). This Matter was Approved on the Consent Agenda.

1305-2006 CA To authorize the Director of Public Service to modify and increase the contract for the construction of the Brick Rehabilitation - 2005 project with McDaniel's Construction Corporation, Incorporated for the Transportation Division, to authorize the expenditure of $400.000.00 from the Development Limited Bond Fund; and to declare an emergency ($400,000.00). This Matter was Approved on the Consent Agenda.

1306-2006 CA To accept the plat titled UPPER ALBANY WEST, SECTION 3, from M/I HOMES OF CENTRAL OHIO, LLC, an Ohio limited liability company, by STEPHEN M. CAPLINGER, Vice President Land Operations; and to declare an emergency. This Matter was Approved on the Consent Agenda.

1315-2006 CA To transfer monies between projects within the 1995, 1999, 2004 Voted Streets and Highways Fund; to amend the 2006 Capital Improvement Budget; to authorize the Public Service Director to enter into a contract with G and G Cement Contractors for the Neighborhood Pride Curb Restoration Project - 2006 project for the Transportation Division; to authorize the expenditure of $287,990.00 from the 1995, 1999, 2004 Voted Streets and Highways Fund and to declare an emergency. ($287,990.00) This Matter was Approved on the Consent Agenda.

HEALTH, HOUSING & HUMAN SERVICES: TAVARES, CHR. BOYCE THOMAS HABASH 1195-2006 CA To authorize the Board of Health to enter into contracts with Ohio Health (Grant/Riverside Hospitals) and Children's Hospital for the provision of radiology services for the Tuberculosis Clinic; to authorize the expenditure of $168,000 from the Health Department Grants Fund to pay the cost thereof;

City of Columbus 10 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 14 of 408 Columbus City Council Journal July 24, 2006

and to declare an emergency. ($168,000) This Matter was Approved on the Consent Agenda.

1216-2006 CA To authorize the Director of Finance and Management to establish a purchase order with Gen-Probe for the purchase of Chlamydia and gonorrhea test kits for the Columbus Health Department in accordance with sole source provisions; to authorize the expenditure of $37,000 from the Health Special Revenue Fund; and to declare an emergency. ($37,000) This Matter was Approved on the Consent Agenda.

1218-2006 CA To authorize and direct the Columbus Health Department to accept this grant from the Ohio Department of Health in the amount of $160,000; to authorize the appropriation of $160,000 from the unappropriated balance of the Health Department Grants Fund; and to declare an emergency. ($160,000) This Matter was Approved on the Consent Agenda.

1220-2006 CA To authorize and direct the Board of Health to enter into a contract with Council for Healthy Mothers and Babies for the provision of child and adolescent services for the perinatal program; to authorize the expenditure of $25,000 from the Health Department Grants Fund; and to declare an emergency. ($25,000) This Matter was Approved on the Consent Agenda.

1265-2006 CA To authorize the Board of Health to modify a contract with Neighborhood House Inc. to provide outreach and care coordination for the Healthy Start grant program; to authorize the expenditure of $25,931 from the Health Department Grant Funds to pay the cost thereof, and to declare an emergency, (25,931) This Matter was Approved on the Consent Agenda.

UTILITIES: THOMAS, CHR. MENTEL O'SHAUGHNESSY HABASH

1100-2006 CA To authorize the Director of Public Utilities to enter into a planned modification of the construction administration and inspection services agreement with R. D. Zande & Associates, Inc. in the amount of $565,737.71, to authorize the appropriation and expenditure of $515,737.71 from the Ohio Water Pollution Control Loan Fund; and the transfer and expenditure of $50,000.00 from within the Voted Sanitary Bond Fund; to amend the 2006 Capital Improvements Budget; for the Division of Sewerage and Drainage. ($565,737.71) A motion was made by Ms. Tavares, seconded by Ms. O'Shaughnessy, that this matter be Approved. The motion carried by the following vote: Abstained: 1 - President Pro-Tem Mentel Affirmative: 6 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas and President Habash 1118-2006 CA To authorize and direct the Finance & Management Director to enter into contracts for the option to purchase Office Chairs: Bulldog Office Products, Inc., King Business Interiors, OM Workspace, and Continental Office to authorize the expenditure of $4.00 to establish the contracts from the Universal Term Contracts Fund. ($4.00).

City of Columbus 11 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 15 of 408 Columbus City Council Journal July 24, 2006

This Matter was Approved on the Consent Agenda.

1129-2006 CA To authorize the Director of Finance and Management to establish a purchase order with Resource One for the purchase of Laptop Computers for the Division of Operational Support, and to authorize the expenditure of $36,663.69 from the Sewerage System Operating Fund, $7,856.51 from the Stormwater Operating Fund, $15,713.00 from the Electricity Operating Fund and $27,061.30 from the Water Operating Fund. ($87,294.50) This Matter was Approved on the Consent Agenda.

1131-2006 CA To authorize the Director of Public Utilities to modify the contract with The Righter Company, Inc., for the Hoover Reservoir Erosion Control - Improvement No. 35, for the Division of Water, to authorize the expenditure of $97,236.07 from the Waterworks Enlargement Voted 1991 Bonds Fund, to amend the 2006 C.I.B, and to authorize the City Auditor to transfer funds from within the Waterworks Enlargement Voted 1991 Bonds Fund. ($97,236.07) This Matter was Approved on the Consent Agenda.

1139-2006 CA To authorize the Director of Public Utilities to execute a construction contract with Storts Excavation in the amount of $495,708.00; to provide for payment of inspection, material testing and related services to the Transportation Division in the amount of $76,000.00; for the Marsdale Ave. Stormwater System Improvements Project; to authorize the transfer of $171,708.00 within the Storm Sewer Bond Fund; to authorize an amendment to the 2006 Capital Improvements Budget; for the Division of Sewerage and Drainage; and to authorize the expenditure of $571,708.00 within the Storm Sewer Bond Fund. ($571,708.00) This Matter was Approved on the Consent Agenda.

1145-2006 CA To authorize the Director of Public Utilities to enter into a planned modification of the construction administration and inspection services agreement with DLZ Ohio, Inc. in the amount of $460,836.84, to authorize the appropriation and expenditure of $397,978.84 from the Ohio Water Pollution Control Loan Fund; and the transfer and expenditure of $62,858.00 from within the Voted Sanitary Bond Fund; to amend the 2006 Capital Improvements Budget; for the Division of Sewerage and Drainage. ($460,836.84) A motion was made by Ms. Tavares, seconded by Ms. O'Shaughnessy, that this matter be Approved. The motion carried by the following vote: Abstained: 1 - Ms. Hudson Affirmative: 6 - Mr. Boyce, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1167-2006 CA To authorize and direct the Finance and Management Director to enter into two (2) contracts for the option to purchase Moyno Pump Parts with Westcoast Rotor, Inc. and Moyno, Inc., to authorize the expenditure of $2.00 to establish the contracts from the Universal Term Contract Fund, and to declare an emergency. ($2.00). This Matter was Approved on the Consent Agenda.

1170-2006 CA To authorize the Director of Public Utilities to enter into contract with DLZ

City of Columbus 12 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 16 of 408 Columbus City Council Journal July 24, 2006

Ohio, Inc. for the engineering design of the Water Line Rehabilitation- Case Road 6-inch and Lehner Road 8-inch Water Main for the Division of Power and Water, and to authorize the expenditure of $90,000.00 from the Water Works Enlargement Voted 1991 Bonds Fund. ($90,000.00) A motion was made by Ms. Tavares, seconded by Ms. O'Shaughnessy, that this matter be Approved. The motion carried by the following vote: Abstained: 1 - Ms. Hudson Affirmative: 6 - Mr. Boyce, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1174-2006 CA To authorize the Director of Public Utilities to enter into contract with ms consultants, inc. for the engineering design of the Morse Road 36 inch Water Main for the Division of Power and Water, to amend the 2006 C.I.B., to authorize the City Auditor to transfer funds within the Waterworks Enlargement Voted 1991 Bonds Fund, and to authorize the expenditure of $171,000.00 from the Water Works Enlargement Voted 1991 Bonds Fund. ($171,000.00) This Matter was Approved on the Consent Agenda.

1175-2006 CA To authorize the Director of Public Utilities to enter into a contract with The Righter Company, Inc. for Utility Complex Vehicle Maintenance Garage Lifts for the Division of Power and Water, to amend the 2006 C.I.B., to authorize the City Auditor to transfer funds within the Waterworks Enlargement Voted 1991 Bonds Fund, and to authorize the expenditure of $438,900.00 from the Water Works Enlargement Voted 1991 Bonds Fund. ($438,900.00) This Matter was Approved on the Consent Agenda.

1202-2006 CA To authorize the Director of Public Utilities to modify the contract with Kokosing Construction Company, Inc., for the Hap Cremean Water Plant Lagoon No. 1 Sludge Removal and Lagoon Modifications project, for the Division of Power and Water , and to authorize the expenditure of $58,570.97 from the Waterworks Enlargement Voted 1991 Bonds Fund. ($58,570.97) A motion was made by Ms. Tavares, seconded by Ms. O'Shaughnessy, that this matter be Approved. The motion carried by the following vote: Abstained: 1 - Ms. Thomas Affirmative: 6 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, President Pro-Tem Mentel and President Habash 1230-2006 CA To authorize and direct the Finance and Management Director to modify and extend the citywide contract for the option to obtain Non-Membrane Dissolved Oxygen Probes with Hach Company c/o CKM Industrial Sales, and to declare an emergency. This Matter was Approved on the Consent Agenda.

1242-2006 CA To authorize the Director of Public Utilities to enter into a contract, with DLT Solutions, Inc., to consolidate the licensing and maintenance of the Autodesk products, in accordance with the sole source provisions of the Columbus City Code, to authorize the expenditure of $32,886.51 from Water Systems Operating Fund, and to declare an emergency. ($32,886.51)

City of Columbus 13 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 17 of 408 Columbus City Council Journal July 24, 2006

This Matter was Approved on the Consent Agenda.

1268-2006 CA To authorize the City Attorney to acquire fee simple title and lesser interests; to contract for professional services; to authorize the appropriation, transfer and expenditure of $110,000.00 from within the Voted Sanitary Bond Fund in connection with three sanitary infrastructure capital improvement projects; to amend the 2006 Capital Improvements Budget, for the Division of Sewerage and Drainage; and to declare an emergency. ($110,000.00) This Matter was Approved on the Consent Agenda.

1313-2006 CA To authorize and direct the Finance and Management Director to enter into a contract for the option to purchase Parkson Mechanical Bar Screen Parts, to authorize the expenditure of $1.00 to establish the contract from the Universal Term Contract Fund, and to declare an emergency. ($1.00). This Matter was Approved on the Consent Agenda.

1317-2006 CA To authorize the Director of Public Utilities to enter into a planned modification of an existing contract with the State of Ohio, Department of Transportation for the Division of Power and Water to provide electrical energy and maintenance services for lighting of interstate and highway signs, and to declare an emergency. This Matter was Approved on the Consent Agenda.

RECREATION & PARKS: HABASH, CHR. BOYCE MENTEL THOMAS

1149-2006 CA To authorize and direct the Director of Recreation and Parks to enter into contract with Michael Hoggarth, Ph.D., for an environmental survey and wetland delineation of the Alum Creek Trail, and to authorize the expenditure of $30,580.00 from the Voted 1995 and 1999 Parks and Recreation Bond Fund. ($30,580.00) This Matter was Approved on the Consent Agenda.

1226-2006 CA To authorize and direct the Director of Recreation and Parks to modify the contract with Schorr and Associates Architects for additional professional services related to Brentnell Recreation Center Design, to authorize the expenditure of $72,000.00 from the Parks and Recreation Voted 1999/2004 Bond Fund, and to declare an emergency. ($72,000.00) This Matter was Approved on the Consent Agenda.

1247-2006 CA To authorize and direct the Director of Recreation and Parks to modify the contract with Miller Pavement for additional work related to the Prestwick and Trabue Woods Park Improvements, to authorize the expenditure of $8,643.00 from the Parks and Recreation Voted 1999/2004 Bond Fund, and to declare an emergency. ($8,643.00) This Matter was Approved on the Consent Agenda.

1249-2006 CA To authorize and direct the Director of Recreation and Parks to enter into contract with Moody Nolan, Inc., for the Regional Recreation Center Feasibility Study, to authorize the expenditure of $100,000.00 from the Voted 1999/2004 Parks and Recreation Bond Fund, and to declare an emergency. ($100,000.00) This Matter was Approved on the Consent Agenda.

City of Columbus 14 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 18 of 408 Columbus City Council Journal July 24, 2006

1252-2006 CA To authorize and direct the Director of Recreation and Parks to enter into nineteen (19) contracts for the provision of services to older adults in Central Ohio in connection with various grant programs, to authorize the expenditure of $467,345.00 from the Recreation and Parks Grant Fund. and to declare an emergency. ($467,345.00) A motion was made by Ms. Tavares, seconded by Ms. O'Shaughnessy, that this matter be Approved. The motion carried by the following vote: Abstained: 1 - Ms. Thomas Affirmative: 6 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, President Pro-Tem Mentel and President Habash 1262-2006 CA To authorize and direct the Director of Recreation and Parks to enter into contract with CW Design Group for professional services related to the development of a Spray Ground and Park at Barnett Park, to authorize the expenditure of $41,350.00 from the Voted 1999/2004 Parks and Recreation Bond Fund, and to declare an emergency. ($41,350.00) This Matter was Approved on the Consent Agenda.

1270-2006 CA To authorize and direct the Director of Recreation and Parks to enter into contract with McDaniels Construction for 2006 Playground Improvements, to authorize the expenditure of $376,746.00 from the Voted 1999/2004 Parks and Recreation Bond Fund, and to declare an emergency. ($376,746.00) This Matter was Approved on the Consent Agenda.

1273-2006 CA To authorize the transfer of $28,080.23 within the Voted 1999/2004 Parks and Recreation Bond Fund, to authorize the Director of Recreation and Parks to enter into contract with Affordable Choice Electric for Lighting Improvements at Various Parks, to authorize the expenditure of $296,670.00 from the Voted 1999/2004 Parks and Recreation Bond Fund, and to declare an emergency. ($296,670.00) This Matter was Approved on the Consent Agenda.

0127X-2006 CA To support the application for two Clean Ohio Grants by the Recreation and Parks Department to fund the Big Walnut Creek Corridor Preservation Project, Three Creeks Park to Nafzger Park, and to declare an emergency. This Matter was Adopted on the Consent Agenda.

0128X-2006 CA To support the application by the Recreation and Parks Department for a Clean Ohio Conservation Fund Grant for the Dysart Run Corridor Preservation Project, and to declare an emergency. This Matter was Adopted on the Consent Agenda.

1281-2006 CA To authorize the transfer of $202,991.79 within the Voted 1999/2004 Parks and Recreation Bond Fund, to authorize the Director of Recreation and Parks to enter into contract with VEC Systems, Inc., for Roof Renovations: Schiller and Smith Farms, to authorize the expenditure of $227,670.00 from the Voted 1999/2004 Parks and Recreation Bond Fund, and to declare an emergency. ($227,670.00) This Matter was Approved on the Consent Agenda.

1282-2006 CA To authorize the transfer of $21,200.00 within the Voted 1999/2004 Parks and Recreation Bond Fund, to authorize the modification of Contract No.

City of Columbus 15 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 19 of 408 Columbus City Council Journal July 24, 2006

EL001153 with Design Group for additional architectural services related to the Lazelle Woods Recreation Center, to authorize the expenditure of $21,200.00 from the Parks and Recreation Voted 1999/2004 Bond Fund, and to declare an emergency. ($21,200.00) This Matter was Approved on the Consent Agenda.

1299-2006 CA To authorize and direct the Director of Recreation and Parks to enter into contract with Burgess and Niple Ltd. for professional services related to the Scioto Trail - Hilltop Connector Bridge Project, to authorize the expenditure of $419,300.00 from the Voted 1999/2004 Parks and Recreation Bond Fund, and to declare an emergency. ($419,300.00) This Matter was Approved on the Consent Agenda.

1303-2006 CA To authorize the appropriation and transfer of $110,000.00 within the Recreation and Parks Permanent Improvement Fund, to enter into contract with Hopewell Constructors for the Whetstone Park Shelter House Renovations, to authorize the expenditure of $110,000.00 from the Recreation and Parks Permanent Improvement Fund, and to declare an emergency. ($110,000.00) This Matter was Approved on the Consent Agenda.

1308-2006 CA To authorize the appropriation and transfer of $89,376.31 within the Recreation and Parks Permanent Improvement Fund, to enter into contract with Watson-Shonebarger General for the Hayden Falls Boardwalk Installation, to authorize the expenditure of $145,889.81 from various funds, and to declare an emergency. ($145,889.81) This Matter was Approved on the Consent Agenda.

1314-2006 CA To authorize and direct the Director of Recreation and Parks to accept a grant in the amount of $21,000.00 and enter into an agreement with the Columbus Foundation to develop the Hayden Falls boardwalk, to appropriate these funds to the Recreation and Parks Grant Fund, and to declare an emergency. ($21,000.00) This Matter was Approved on the Consent Agenda.

1316-2006 CA To authorize and direct the Director of Recreation and Parks to accept a grant in the amount of $2,500.00 from the Children's Hunger Alliance in the amount of for advertisement of the Summer Food Program, to appropriate these funds to the Recreation and Parks Private Grant Fund, and to declare an emergency. ($2,500.00) This Matter was Approved on the Consent Agenda.

1335-2006 CA To authorize and direct the Director of Recreation and Parks to enter into a contract with M.A.D. Scientist, LLC; in the amount of $36,000.00; for the management of a wetland in the Clover Park area; to authorize the transfer of $36,000.00 within the Storm Sewer Bond Fund; to authorize an amendment to the 2006 Capital Improvements Budget; and to declare an emergency. ($36,000.00) This Matter was Approved on the Consent Agenda.

APPOINTMENTS

A0069-2006 CA Appointment of Gail Anne Brown, 828 St. Clair Avenue, Columbus, OH

City of Columbus 16 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 20 of 408 Columbus City Council Journal July 24, 2006

43201, to serve on the Milo Grogan Area Commission iwht a new term expiration date of October 31, 2006 (bio attached). This Matter was Read and Approved on the Consent Agenda.

A0077-2006 CA Reappointment of Jeffrey Pongonis, 27 West Buttles Avenue, Columbus, OH 43215, to serve on the Brewery District Commission with a new term expiration date of May 31, 2009 (resume attached). This Matter was Read and Approved on the Consent Agenda.

A0078-2006 CA Appointment of J. Blair Frier, 167 South State Street, Suite 200, Westerville, OH 43081-2236, to serve on the Historic Resources Commission, replacing Richard Brennecke with a new term expiration date of May 31, 2009 (resume attached). This Matter was Read and Approved on the Consent Agenda.

A0079-2006 CA Reappointment of William Schottenstein, 21 East State Street, 16th Floor, Columbus, OH 43215 to serve on the Brewery District Commission with a new term expiration date of May 31, 2009 (resume attached). This Matter was Read and Approved on the Consent Agenda.

A0080-2006 CA Appointment of William Curlis, 865 Macon Alley, Columbus, OH 43206, to serve on the Board of Commission Appeals replacing Judith Williams with a new term expiration date of May 31, 2009 (resume attached). This Matter was Read and Approved on the Consent Agenda.

A0081-2006 CA Appointment of Edward Paulding Thiell, 628 Mohawk Street, Columbus, OH 43206, to serve on the German Village Commission replacing Thomas Walsh with a new term expiration date of June 30, 2009 (resume attached). This Matter was Read and Approved on the Consent Agenda.

A0082-2006 CA Reappointment of Cheryl Hacker, 774 South Sixth Street, Columbus, OH 43206, to serve on the German Village Commission with a new term expiration date of June 30, 2009 (resume attached). This Matter was Read and Approved on the Consent Agenda.

A0083-2006 CA Reappointment of Frank Schwartz, Department of Geological Science, The Ohio State University, 125 South Oval Mall, Columbus, Ohio 43210, to serve on the Board of Wellfield Protection Appeals with a new term expiration date of March 31, 2011 (resume attached). This Matter was Read and Approved on the Consent Agenda.

A0084-2006 CA Reappointment of Roxyanne Burrus, Neighborhood Services, 50 W. Gay Street, Columbus, Ohio 43215 to serve on the Community Research Partners Board with a new term expiration date of June 30, 2009 (resume attached). This Matter was Read and Approved on the Consent Agenda.

A0085-2006 CA Appointment of Eran Yannai Flicker, 2502 Stafford Place, Columbus, Ohio 43209, to serve on the Transporation & Pedestrian Commission with a new term expiration date of June 30, 2009 (resume attached). This Matter was Read and Approved on the Consent Agenda.

Passed The Consent Agenda

City of Columbus 17 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 21 of 408 Columbus City Council Journal July 24, 2006

A motion was made by Ms. Tavares, seconded by Ms. O'Shaughnessy, including all the preceding items marked as having been approved on the Consent Agenda. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash EMERGENCY, TABLED AND 2ND READING OF 30-DAY LEGISLATION FINANCE: BOYCE, CHR. O'SHAUGHNESSY TAVARES HABASH

1348-2006 To authorizing the issuance and sale of special assessment bonds in the amount of $269,471.00 for the Madison Mills Subdivision Street Lighting Assessment Project. ($269,471.00)

Section 55(b) of the City Charter A motion was made by Mr. Boyce, seconded by Ms. Tavares, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash A motion was made by Mr. Boyce, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1373-2006 To authorize the issuance of adjustable rate unlimited tax bonds in the amount not to exceed $79,980,000.00 for sanitary sewers. ($79,980,000.00)

Section 55(B) of the City Charter. A motion was made by Mr. Boyce, seconded by Ms. Tavares, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Abstained: 1 - President Pro-Tem Mentel Affirmative: 6 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas and President Habash A motion was made by Mr. Boyce, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Abstained: 1 - President Pro-Tem Mentel Affirmative: 6 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas and President Habash ADMINISTRATION: BOYCE, CHR. MENTEL HUDSON HABASH

1285-2006 To authorize and direct the Finance and Management Director to modify and extend the UTC contract for the option to purchase Protective Footwear with Safety Solutions, Inc., to waive the provisions of competitive bidding, and to declare an emergency. A motion was made by Mr. Boyce, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash

City of Columbus 18 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 22 of 408 Columbus City Council Journal July 24, 2006

1286-2006 To authorize the Director of Finance and Management Department on behalf of The Department of Technology to enter into contracts with Insight Public Sector, Pomeroy, Echo24, Smart Solution, and CDW-G for the acquisition of equipment and professional services related to phase three of the Metronet infrastructure upgrade project; to authorize the expenditure of $490,000.00 from the Department of Technology, information services capital improvement fund; and to declare an emergency ($490,000.00). A motion was made by Mr. Boyce, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1323-2006 To authorize and direct the City Auditor to transfer $2,360,000.00 from the Special Income Tax Fund to the Information Services Bond Fund; to authorize the subsequent appropriation of said funds to the Information Services Bond Fund; to authorize the Director of the Department of Technology to modify and extend a contract with Accela, Inc., on behalf of the Divisions of Building Services and Neighborhood Services, to fund the upgrade, enhancement and update the computer system used by Columbus' One-Stop-Shop and related services; to authorize the expenditure of $2,360,000.00 from the Information Services Bond Fund; and to declare an emergency. A motion was made by Mr. Boyce, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1356-2006 To accept Memorandum of Understanding (MOU) #2006-05 executed between representatives of the City of Columbus and Columbus Municipal Association of Government Employees (CMAGE)/CWA Local 4502, which amends the Collective Bargaining Contract, August 24, 2005 through August 23, 2008; and to declare an emergency. A motion was made by Mr. Boyce, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash JOBS AND ECONOMIC DEVELOPMENT: HUDSON, CHR. O'SHAUGHNESSY THOMAS HABASH 0507-2006 To authorize the Director of the Department of Development to amend the existing Enterprise Zone Agreement with Retail Ventures Entities and Northland Associates, LLC. to reflect a change in investment from $19 million to $16.6 million, the creation of two full time jobs, and the retention of 790 jobs from the State of Ohio; and to declare an emergency. A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Abstained: 1 - Ms. Hudson Affirmative: 6 - Mr. Boyce, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1194-2006 To authorize the Director of the Department of Development to amend the

City of Columbus 19 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 23 of 408 Columbus City Council Journal July 24, 2006

existing Enterprise Zone Agreement with Ohio Transmission Corporation to include Carstens-Derrow Realty Co. as the property owner and to establish 79 as the job retention commitment for the company. A motion was made by Ms. Hudson, seconded by President Pro-Tem Mentel, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1217-2006 To authorize the appropriation of $200,000 from the UDAG Fund to the Department of Development; to authorize a contract with the Community Capital Development Corporation for the administration of economic development loan programs; to authorize the expenditure of $200,000 from the UDAG Fund; to authorize the expenditure of $1,368,836 from the CDBG Fund; and to declare an emergency. ($1,568,836.00) A motion was made by Ms. Hudson, seconded by President Pro-Tem Mentel, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1246-2006 To appoint three (3) citizen members and one (1) local government representative member to serve on the Board of Trustees of The Jeffrey Place New Community Authority; to establish a method for selection of successor members of the Authority's Board of Trustees; and to approve and authorize the Director of Development to execute a Tax Increment Financing and Cooperative Agreement in support of the redevelopment and revitalization of the former Jeffrey Mining Site. A motion was made by Ms. Hudson, seconded by President Pro-Tem Mentel, that this matter be Amended to Emergency. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash A motion was made by Ms. Hudson, seconded by President Pro-Tem Mentel, that this matter be Approved as Amended. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1325-2006 To authorize the Director of the Department of Development to enter into an agreement with Optimum Technology, Inc. for a Jobs Creation Tax Credit of 65% for a period of 8 years in consideration of the company's investment of $150,000 in new personal property, the creation of 60 permanent full-time jobs and the retention of 38 permanent full-time positions; and to declare an emergency. A motion was made by Ms. Hudson, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1364-2006 To authorize the Director of Development to enter into an agreement with

City of Columbus 20 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 24 of 408 Columbus City Council Journal July 24, 2006

DSW Inc. and 4300 Venture 34910 LLC (lessor) for a real estate tax abatement of 75% for a period of ten years and a personal property tax abatement of 75% for a period of three years; to enter into an agreement with DSW Inc. for a 65%/8 year Jobs Creation Tax Credit in consideration of a proposed $6,500,000 investment in real property improvements, the investment of $2,000,000 in personal property, the retention of 195 full-time permanent jobs and the creation of 75 full-time permanent jobs; and to declare an emergency. A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Abstained: 1 - Ms. Hudson Affirmative: 6 - Mr. Boyce, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash SAFETY & JUDICIARY: MENTEL, CHR. BOYCE THOMAS HABASH

1253-2006 To authorize and direct the Director of the Department of Finance and Management to establish a purchase order with Software House International on behalf of the Franklin County Municipal Court for Microsoft Office 2003 software; to authorize the expenditure of $50,190 or so much as may be needed from the court computerization fund; to waive the competitive bidding provisions of the Columbus City Code; and to declare an emergency. ($50,190.00) A motion was made by President Pro-Tem Mentel, seconded by Ms. Thomas, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1290-2006 To authorize the Finance and Management Director to enter into contract for the Facilities Management Division with Gutknecht Construction Co., Inc. for the renovation and addition to the McKinley Avenue Police Complex, to authorize the expenditure of $2,618,000.00 from the Safety Voted Bond Fund, and to declare an emergency. ($2,618,000.00) A motion was made by President Pro-Tem Mentel, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1336-2006 To authorize and direct the City Attorney to settle and pay the settlement amount to Sumonta Jarupan in the case of Sumonta Jarupan v. Trizec Hahn, et al., Case No. 03CVC-04-4849 in the Franklin County Court of Common Pleas, to authorize the expenditure of the sum of Twenty Five Thousand and No/100 Dollars ($25,000.00), and to declare an emergency. A motion was made by President Pro-Tem Mentel, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1345-2006 To authorize and direct the Administrative and Presiding Judge of the

City of Columbus 21 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 25 of 408 Columbus City Council Journal July 24, 2006

Franklin County Municipal Court to enter into contract with iSECUREtrac; to authorize the transfer of $60,000 within the Court's 2006 general fund budget; to authorize the expenditure of up to $60,000 with iSECUREtrac for electronic monitoring of offenders; to waive the competitive bidding provisions of the Columbus City Code; and to declare an emergency. ($60,000.00) A motion was made by President Pro-Tem Mentel, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1354-2006 To authorize and direct the Administrative and Presiding Judge of the Franklin County Municipal Court to enter into contract with Scientific Testing Laboratories, Inc.; to authorize the expenditure of up to $30,000 with Scientific Testing Laboratories, Inc. for urinalysis and oral fluid testing of offenders sentenced to probation; to waive the competitive bidding provisions of the Columbus City Code; and to declare an emergency. ($30,000.00) A motion was made by President Pro-Tem Mentel, seconded by Ms. Hudson, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1361-2006 To authorize and direct the City Auditor to transfer $1,160,000.00 from the Special Income Tax Fund to the Safety Voted Bond Fund; to authorize the Finance and Management Director to enter into contract for the Facilities Management Division with URS Corporation, Inc. Ohio for professional services related to the construction of a new Police Division Heliport; to authorize the Finance and Management Director to execute those documents necessary to enter into a purchase agreement between the City of Columbus and the Normar Enterprises, LLC, for certain real property located in the vicinity of Fisher Road and Interstates 70 and 270; to authorize the expenditure of $1,160,000.00 from the Safety Voted Bond Fund, and to declare an emergency. ($1,160,000.00). A motion was made by President Pro-Tem Mentel, seconded by Ms. Hudson, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1362-2006 To authorize the Finance and Management Director to enter into contract for the Facilities Management Division with Harris Design Services for professional services related to the construction of the new Fire Station 35, to be located at the corner of Waggoner Road and Waggoner Grove Boulevard, to authorize the expenditure of $415,000.00 from the Safety Voted Bond Fund, and to declare an emergency. ($415,000.00). A motion was made by President Pro-Tem Mentel, seconded by Ms. Hudson, that this matter be Approved. The motion carried by the following vote:

City of Columbus 22 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 26 of 408 Columbus City Council Journal July 24, 2006

Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash DEVELOPMENT: O'SHAUGHNESSY, CHR. HUDSON TAVARES HABASH

0773-2006 To authorize the Director of the Department of Development to execute any and all necessary agreements and deeds for conveyance of title of ten parcels of real property (Monroe Avenue cluster) held in the Land Bank pursuant to the Land Reutilization Program; and to declare an emergency. A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Taken from the Table. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash TABLED UNTIL 07/31/06

A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Tabled to Certain Date. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 0865-2006 To authorize the Director of the Department of Development to execute any and all necessary agreements and deeds for conveyance of title of nineteen parcels of real property held in the Land Bank, commonly known as the Whitney Young site, pursuant to the Land Reutilization Program; and to declare an emergency. A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Taken from the Table. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash TABLED UNTIL 07/31/06

A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Tabled to Certain Date. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1133-2006 To adopt the Weinland Park Neighborhood Plan as a guide for future improvements, investments and actions within the area bounded roughly by Chittenden Avenue on the north, the CSX railroad adjacent to Interstate 71 on the east, East Fifth Avenue on the south, and North High Street on the west. A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Abstained: 1 - Ms. Hudson Affirmative: 6 - Mr. Boyce, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1204-2006 To authorize the transfer of $47,500 within the General Fund, Department of

City of Columbus 23 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 27 of 408 Columbus City Council Journal July 24, 2006

Development; to authorize the Director of the Department of Development to enter into a contract with the Columbus Downtown Development Corporation for a Downtown Columbus Streetcar feasibility study; and to authorize the expenditure of $47,500 from the General Fund. ($47,500) A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash PUBLIC SERVICE & TRANSPORTATION: O'SHAUGHNESSY, CHR. HUDSON TAVARES HABASH 1110-2006 To authorize and direct the Finance & Management Director to issue blanket purchase orders for various automotive equipment parts, supplies, and services for the Fleet Management Division, to authorize the expenditure of $600,000.00 from the Fleet Management Services Fund, to waive the competitive bidding requirements of the Columbus City Codes, and to declare an emergency. ($600,000.00) A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1116-2006 To authorize the Public Service Director to submit Federal Attributable Funds roadway improvement project applications to the Mid-Ohio Regional Planning Commission for consideration for funding within the Transportation Improvement Program; to authorize the Public Service Director to execute project agreements for approved projects for the Transportation Division and to declare an emergency. ($-0-) A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Amended as submitted to the Clerk. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved as Amended. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1117-2006 To authorize the Public Service Director to submit applications for Round 21 of the Local Transportation Improvement Program and State Capital Improvement Program and to execute project agreement forms for approved projects for the Transportation Division on behalf of the City of Columbus. ($-0-) A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote:

City of Columbus 24 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 28 of 408 Columbus City Council Journal July 24, 2006

Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1188-2006 To authorize the Public Service Director to modify and increase two existing contracts with Ralph and Curl Engineers ($115,000.00) and Righter Company, Incorporated, ($1,111,532.06) for design and construction, respectively, of the Short North Arch project for the Transportation Division; to authorize the expenditure of $15,145.60 to the city Power and Water Division for installation of power transformers; to authorize the expenditure of $1,241,677.66 from the General Permanent Improvement Fund ($1,208,126.70) and the 1995, 1999, 2004 Voted Streets and Highways Fund ($33,550.96) and to declare an emergency. ($1,241,677.66) A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Tabled Indefinitely. The motion carried by the following vote: Absent@vote: 1 - Ms. Thomas Affirmative: 6 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, President Pro-Tem Mentel and President Habash 1193-2006 To appropriate $658,838.40 within the Sanitary Sewer Reserve Fund; to authorize the City Auditor to transfer $658,838.40 from the Sanitary Sewer Reserve Fund, $3,546,790.26 from the Storm Sewer Bond Fund and $6,200,105.93 from the 1995, 1999, 2004 Voted Streets and Highways Fund to the State Issue Two Street Projects Fund; to appropriate $12,680,734.59 within the State Issue Two Street Projects Fund; to amend the 2006 Capital Improvements Budget; to authorize the Public Service Director to enter into a contract with Kokosing Construction Company for construction of McKinley Avenue (OPWC) project for the Transportation Division; to authorize the expenditure of $12,680,734.59 from the State Issue Two Street Projects Fund and to declare an emergency. ($12,680,734.59) A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Absent@vote: 1 - Ms. Thomas Affirmative: 6 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, President Pro-Tem Mentel and President Habash 1292-2006 To authorize the Public Service Director to enter into a contract with The Shelly Company for the Resurfacing 2006 - Project 2 improvement project for the Transportation Division; to authorize the expenditure of $1,163,877.57 from the 1995, 1999, 2004 Voted Streets and Highway Fund; and to declare an emergency. ($1,163,877.57) A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1318-2006 To authorize the Public Service Director to enter into a Reimbursement Agreement with Empire Ventures/6200 E. Broad Street, LLC ('Continental') for the preliminary engineering of the East Broad Street Median Project from I-270 to Reynoldsburg-New Albany Road; to waive the competitive bidding requirements of the Columbus City Code, 1959, and to authorize the

City of Columbus 25 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 29 of 408 Columbus City Council Journal July 24, 2006

appropriation and expenditure of $446,050.00 from the East Broad Street Growth Area Fund and to declare an emergency. ($446,050.00) A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Amended to 30 day. The motion carried by the following vote: Abstained: 2 - Ms. Hudson and President Habash Affirmative: 5 - Mr. Boyce, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas and President Pro-Tem Mentel A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Abstained: 2 - Ms. Hudson and President Habash Affirmative: 5 - Mr. Boyce, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas and President Pro-Tem Mentel A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved as Amended. The motion carried by the following vote: Abstained: 2 - Ms. Hudson and President Habash Affirmative: 5 - Mr. Boyce, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas and President Pro-Tem Mentel 1321-2006 To authorize the Public Service Director to enter into an agreement with the Director of the Ohio Department of Transportation, and to grant consent and propose cooperation with the State of Ohio for the US 62D (West Town Street) Streetscape Improvement Project for the Transportation Division; and to declare an emergency. ($0) A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1327-2006 To authorize the Director of Public Service to enter into a professional service contract with DLZ Ohio, Inc. for engineering services for the Linden Area Traffic Management Plan project and to authorize the expenditure of $500,000.00 from the 1995, 1999, 2004 Voted Street and Highway Funds for the Transportation Division; and to declare an emergency ($500,000.00). A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Abstained: 1 - Ms. Hudson Affirmative: 6 - Mr. Boyce, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1328-2006 To authorize the City Auditor to transfer $1,111,255.33 between projects within the Waterworks Enlargement Voted 1991 Bond; to authorize the Public Service Director to modify and increase the existing contract with Complete General Construction Company for construction of the Demorest Road/Sullivant Avenue (OPWC) project by $1,028,940.12 for the Transportation Division to include waterline replacement work; to authorize the expenditure of $1,111,255.33 or so much thereof as may be needed

City of Columbus 26 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 30 of 408 Columbus City Council Journal July 24, 2006

from the Waterworks Enlargement Voted 1991 Bond; and to declare an emergency. ($1,111,255.33) A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1329-2006 To authorize the Public Service Director to enter into a contract with Burgess and Niple, Incorporated, for preliminary engineering services for the Kinnear Road ('Sci-Tech') Improvement project for the Transportation Division; to authorize the expenditure of $500,000.00 or so much thereof as may be needed from the 1995, 1999, 2004 Voted Streets and Highways Fund and to declare an emergency. ($500,000.00) A motion was made by Ms. O'Shaughnessy, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash HEALTH, HOUSING & HUMAN SERVICES: TAVARES, CHR. BOYCE THOMAS HABASH 1227-2006 To authorize and direct the Board of Health to accept this grant from the Ohio Department of Health in the amount of $4,384,661; to authorize the appropriation of $4,384,661 from the unappropriated balance of the Health Department Grants Fund; and to declare an emergency. ($4,384,661) A motion was made by Ms. Tavares, seconded by Ms. Thomas, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1228-2006 To authorize and direct the Board of Health to enter into a contract with Children's Hospital for the provision of a WIC clinic; to authorize the expenditure of $427,335 from the Health Department Grants Fund; to waive the provisions for competitive bidding in the Columbus City Codes; and to declare an emergency. ($427,335) A motion was made by Ms. Tavares, seconded by Ms. Thomas, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1260-2006 To authorize and direct the Board of Health to modify a contract with Gerald Bean to design and implement a program evaluation plan for the Healthy Start grant program; to authorize the expenditure of $14,050 from the Health Department Grant Funds to pay the cost thereof; to waive the provisions of competitive bidding (See attachment ORD1260-2006bidwaiver.doc); and to declare an emergency, (14,050) A motion was made by Ms. Tavares, seconded by Ms. Thomas, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash

City of Columbus 27 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 31 of 408 Columbus City Council Journal July 24, 2006

1219-2006 To authorize and direct the Board of Health to enter into a contract with the Ohio Hispanic Coalition for the provision of interpretation services for the Health Department's Perinatal Program, to authorize a total expenditure of $69,240 from the Health Department Grants Fund and the Health Special Revenue Fund, and to declare an emergency. ($69,240) A motion was made by Ms. Tavares, seconded by Ms. Thomas, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1291-2006 To authorize and direct the Columbus Health Department to purchase emergency preparedness literature from The Old Trail Printing Company, to authorize the expenditure of $32,479.80 from the Health Department Grants Fund, and to declare an emergency. ($32,479.80) A motion was made by Ms. Tavares, seconded by Ms. Thomas, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1297-2006 To authorize and direct The Columbus Health Department to accept a grant from the U.S. Department of Health and Human Services in the amount of $125,000; to authorize the appropriation of $125,000 from the unappropriated balance of the Health Department Grants Fund, and to declare an emergency. ($125,000) A motion was made by Ms. Tavares, seconded by Ms. Thomas, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1307-2006 To authorize the Board of Health to modify and increase a contract with the Council On Healthy Mothers And Babies to provide needs assessment and consultation services for the Healthy Start grant program; to authorize the expenditure of $83,302 from the Health Department Grant Funds to pay the cost thereof, and to declare an emergency, (83,302) A motion was made by Ms. Tavares, seconded by Ms. Thomas, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash UTILITIES: THOMAS, CHR. MENTEL O'SHAUGHNESSY HABASH

1164-2006 To authorize the Director of Public Utilities to enter into a contract with the Complete General Construction Company, Inc., for the construction of the Cleveland Ave./Morse Rd. Drainage Improvement Project and the Strimple, Kilbourne and Minerva Avenues Assessment Project; to authorize the expenditure of $3,060,313.28 for the cost of construction services; to authorize the appropriation and expenditure of $294,168.66 from within the Sanitary Sewer Assessment Fund; the appropriation, transfer and expenditure of $1,299,438.17 from the Sewer System Reserve Fund to the Sewer Assessment Fund; the transfer of $126,024.45, and expenditure of $1,466,706.45 from the Storm Sewer Bond Fund; to amend the Capital Improvements Budget, for the Division of Sewerage and Drainage; and to declare an emergency. ($3,060,313.28)

City of Columbus 28 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 32 of 408 Columbus City Council Journal July 24, 2006

A motion was made by Ms. Thomas, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1229-2006 To authorize the Director of Public Utilities to enter into a contract, for carbon dioxide, with Praxair, for the Division of Power and Water, to waive the provisions of competitive bidding, to authorize the expenditure of $540,000.00 from Water Systems Operating Fund, and to declare an emergency. ($540,000.00) A motion was made by Ms. Thomas, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1239-2006 To authorize the Director of Finance and Management to establish a purchase order with Horizon Telephone of Chillicothe for the purchase of a new telephone system for the Division of Sewerage and Drainage, Jackson Pike Wastewater Treatment Plant to authorize the expenditure of $33,949.68 from the Sewerage System Operating Fund, to waive the requirements of competitive bidding, and to declare an emergency. ($33,949.68) A motion was made by Ms. Thomas, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1287-2006 To authorize the Director of Public Utilities to establish a purchase order with Fifth Third Processing Solutions, for credit card processing services, to waive the competitive bidding provisions of Chapter 329 of the Columbus City Codes, 1959, to authorize the expenditure of $40,000.00 from the Water Operating and Sewer Operating-Sanitary Funds, and to declare an emergency. ($40,000.00) A motion was made by Ms. Thomas, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Abstained: 1 - Ms. Hudson Affirmative: 6 - Mr. Boyce, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash 1289-2006 To authorize the appropriation of $62,000 within the General Permanent Improvement Fund; to authorize the City Clerk to enter into contract with Medtronic Emergency Response Systems, Inc, for the purchase of Automated Electronic Defibrillator Equipment, Supplies and Service for City recreation centers; to authorize the expenditure of $62,000 from the General Permanent Improvement Fund; and to declare an emergency. ($62,000.00) A motion was made by Ms. Thomas, seconded by Ms. Tavares, that this matter be Approved. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash

ADJOURNMENT

City of Columbus 29 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 33 of 408 Columbus City Council Journal July 24, 2006

ADJOURNED: 6:44 P.M.

A motion was made by President Pro-Tem Mentel, seconded by Ms. Hudson, to adjourn this Regular Meeting. The motion carried by the following vote: Affirmative: 7 - Mr. Boyce, Ms. Hudson, Ms. O'Shaughnessy, Ms. Tavares, Ms. Thomas, President Pro-Tem Mentel and President Habash

City of Columbus 30 of 30 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 34 of 408 Office of City Clerk City of Columbus 90 West Broad Street Columbus OH Journal - Final 43215-9015 columbuscitycouncil.org Zoning Committee

Michael C. Mentel*, Chair All Members

Monday, July 24, 2006 6:30 PM Zoning Committee

Zoning Committee Journal July 24, 2006

REGULAR MEETING NO. 39 OF CITY COUNCIL (ZONING), JULY 24, 2006 AT 6:30 P.M. IN COUNCIL CHAMBERS. ROLL CALL

Present: Chair Mentel: Mr. Boyce: President Habash: Ms. O'Shaughnessy: Tavares: Thomas and Ms. Hudson READING AND DISPOSAL OF THE JOURNAL

A motion was made by Chair Mentel, seconded by Hudson, to Dispense with the reading of the Journal and Approve. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson EMERGENCY, TABLED AND 2ND READING OF 30 DAY LEGISLATION

ZONING: MENTEL, CHR. BOYCE HABASH HUDSON O'SHAUGHNESSY TAVARES THOMAS 0340-2006 To rezone 5372 CENTRAL COLLEGE ROAD (43081), being 86.1± acres located on the north side of Central College Road, 3040± feet west of Harlem Road, From: R, Rural District, To: NE, Neighborhood Edge, NG, Neighborhood General, and NC, Neighborhood Center and TC, Town Center Districts (Rezoning # Z03-109). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson TABLED UNTIL 09/11/06

A motion was made by Chair Mentel, seconded by Hudson, that this matter be Tabled to Certain Date. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1053-2006 To grant a Variance from the provisions of Sections 3332.039, R-4,

City of Columbus 1 of 10 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 35 of 408 Zoning Committee Journal July 24, 2006

Residential district uses; 3332.05, Area district lot width requirements; 3332.15, R-4 Area district requirements; 3332.21, Building lines; 3332.22, Building lines on corner lots; 3372.609, Setback requiremants; 3332.25, Maximum side yard required; 3332.27, Rear yard; 3332.30(b), Vision clearance; 3342.28(B)14, Minimum number of parking spaces required; of the Columbus City codes for the property located at 944 NORTH FOURTH STREET (43201), to permit a restaurant with reduced development standards in the R-4, Residential District (Council Variance # CV06-014). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1063-2006 To grant a Variance from the provisions of Section 3356.03, C-4, Permitted Uses, of the Columbus City Codes for the property located at 1835 ABERDEEN AVENUE (43211), to conform an existing single-family dwelling in the C-4, Commercial District (Council Variance # CV06-009). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1071-2006 To rezone 5797 SHANNON ROAD (43110), being 142.4± acres located on the south side of Shannon Road at the intersection of Shannon Road and Fitzpatrick Boulevard, From: PUD-8, Planned Unit Development and CPD, Commercial Planned Development Districts, To: PUD-8, Planned Unit Development and CPD, Commercial Planned Development Districts (Rezoning # Z06-013). A motion was made by Habash, seconded by Hudson, that this matter be Amended as submitted to the Clerk. The motion carried by the following vote: Abstained: Chair Mentel Affirmative: Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Habash, seconded by Hudson, that this matter be Amended to Emergency. The motion carried by the following vote: Abstained: Chair Mentel Affirmative: Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson

City of Columbus 2 of 10 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 36 of 408 Zoning Committee Journal July 24, 2006

A motion was made by Habash, seconded by Hudson, that this matter be Approved as Amended. The motion carried by the following vote: Abstained: Chair Mentel Affirmative: Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1143-2006 To rezone 8239 COLONIAL MEADOWS DRIVE (43035), being 5.36± acres located at the southeastern terminus of Colonial Meadows Drive, 780± feet south of East Powell Road, From: R, Rural District, To: L-C-4, Limited Commercial District. (Rezoning # Z06-026) A motion was made by Chair Mentel, seconded by Tavares, that this matter be Amended to Emergency. The motion carried by the following vote: Abstained: Ms. Hudson Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares and Thomas A motion was made by Chair Mentel, seconded by Tavares, that this matter be Approved as Amended. The motion carried by the following vote: Abstained: Ms. Hudson Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares and Thomas 1146-2006 To grant a Variance from the provisions of Sections 3332.02, R, Rural District, and 3332.06, R-rural area district requirements, of the City of Columbus codes, for the property located at 2816 MORSE ROAD (43231), to permit a child day care center in the R, Rural District. (Council Variance # CV06-023) A motion was made by Chair Mentel, seconded by Hudson, that this matter be Amended to Emergency. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved as Amended. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1196-2006 To rezone 5359 BRANDENBERRY DRIVE (43228), being 1.57± acres located on the south side of Brandenberry Drive, 200± east of Norton Road, From: CPD, Commercial Planned Development District, To: PUD-6, Planned Unit Development District. (Rezoning # Z06-035) A motion was made by Chair Mentel, seconded by Hudson, that this matter be Amended to Emergency. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson

City of Columbus 3 of 10 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 37 of 408 Zoning Committee Journal July 24, 2006

A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved as Amended. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1209-2006 To rezone 28 EAST MOLER STREET (43206), being 0.28± acres located at the northwest corner of Moler Street and City Park Avenue, From: C-4, Commercial District, To: L-AR-1, Limited Apartment Residential District (Rezoning # Z06-024). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Amended to Emergency. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved as Amended. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1211-2006 To grant a Variance from the provisions of Sections 3333.18, Building lines, and 3332.22, Maximum side yard required, for the property located at 28 EAST MOLER STREET (43206), to permit reduced development standards for a five-unit dwelling in the L-AR-1, Limited Apartment Residential District (Council Variance #CV06-016). A motion was made by Chair Mentel, seconded by Tavares, that this matter be Amended to Emergency. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Tavares, that this matter be Approved as Amended. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1214-2006 To rezone 3575 LOCKBOURNE ROAD (43207), being 3.2± acres located on the west side of Lockbourne Road, 206± feet north of Maplewood Road, From: R, Rural District, To: R-1, Residential District. (Rezoning # Z06-043) A motion was made by Chair Mentel, seconded by Hudson, that this matter be Amended to Emergency. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved as Amended. The motion carried by the following vote:

City of Columbus 4 of 10 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 38 of 408 Zoning Committee Journal July 24, 2006

Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1234-2006 To rezone 2150 EAST POWELL ROAD (43230), being 15± acres located 1025± feet south of East Powell Road just west of the intersection with Greentree Drive. From: R, Rural District To: L-AR-12, Limited Apartment Residential District. (Rezoning # Z06-019). A motion was made by Habash, seconded by Boyce, that this matter be Amended as submitted to the Clerk. The motion carried by the following vote: Abstained: Chair Mentel Affirmative: Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Habash, seconded by Boyce, that this matter be Amended to Emergency. The motion carried by the following vote: Abstained: Chair Mentel Affirmative: Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Habash, seconded by Boyce, that this matter be Approved as Amended. The motion carried by the following vote: Abstained: Chair Mentel Affirmative: Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1250-2006 To rezone 7440 EAST BROAD STREET (43004), being 11.2 ± acres located on the north side of East Broad Street, opposite Kingsmeadow Lane, From: R, Rural District, To: L-AR-12, Limited Residential District (Rezoning # Z06-027). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Amended to Emergency. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved as Amended. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1254-2006 To grant a Variance from the provisions of Section 3333.02, AR-12, ARLD and AR-1, Apartment Residential District Use; 3333.255, Perimeter Yard; 3342.15, Maneuvering, of the Columbus City Codes for the property located at 7440 EAST BROAD STREET (43004), to allow two-family dwellings and stacked parking in the L-AR-12, Limited Apartment Residential District (Council Variance CV06-038). A motion was made by Chair Mentel, seconded by Boyce, that this matter be Amended to Emergency. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson

City of Columbus 5 of 10 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 39 of 408 Zoning Committee Journal July 24, 2006

A motion was made by Chair Mentel, seconded by Boyce, that this matter be Approved as Amended. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1258-2006 To grant a Variance from the provisions of Sections 3309.148, Area districts; 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3333.11 ARLD area district requirements; 3333.15, Basis of computing area; 3333.18, Building lines; 3333.255, Perimeter yard; 3333.27(b), Vision clearance; 3342.08, Driveway; 3342.25(a), Vision clearance and 3342.28, Minimum number of parking spaces required of the City of Columbus codes, for the property located at 72 DOUGLASS STREET (43205), to conform an existing two-family and four (4) existing multi-family dwellings and to allow a restaurant in the ARLD, Apartment Residential District. (Council Variance # CV06-001) A motion was made by Chair Mentel, seconded by Hudson, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Boyce, that this matter be Approved. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1263-2006 To grant a Variance from the provisions of Section 3349.03, Permitted Uses; of the Columbus City Codes for the property located at 2240 SUNBURY ROAD (43219), to permit a single-family dwelling and accessory structures in the I, Institutional District (Council Variance # CV06-022). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1273-2005 To rezone 2400 MCCUTCHEON ROAD (43219), being 21.39± acres located at the southeast corner of McCutcheon Road and Stelzer Road, From: L-M-2 Limited Manufacturing, C-4, Commercial, and R-1, Residential Districts, To: CPD, Commercial Planned Development District (Z05-024). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson

City of Columbus 6 of 10 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 40 of 408 Zoning Committee Journal July 24, 2006

A motion was made by Chair Mentel, seconded by Hudson, that this matter be Amended as submitted to the Clerk. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved as Amended. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1322-2006 To grant a Variance from the provisions of Section 3332.02, R, Rural district, of the Columbus City Codes for the property located at 6436 HARLEM ROAD (43054), to permit a daycare / Montessori school in the R, Rural District (Council Variance # CV06-012). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Amended as submitted to the Clerk. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Amended to Emergency. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved as Amended. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1338-2006 To grant a Variance from the provisions of Sections 3356.03, C-4, Permitted Uses, and 3342.28, Minimum number of parking spaces required of the Columbus City Codes for the property located at 3020 NORTH HIGH STREET (43202), to conform an existing four-family dwelling in the C-4, Commercial District with a reduction in the number of required parking spaces (Council Variance # CV06-034). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1184-2006 To rezone 9172 SOUTH OLD STATE ROAD (43035), being 14.5± acres located on the east side of South Old State Road, 347± feet north of Candlelite Lane, From: R, Rural District, To: PUD-8, Planned Unit

City of Columbus 7 of 10 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 41 of 408 Zoning Committee Journal July 24, 2006

Development District (Rezoning # Z05-050). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1183-2006 To rezone 700 FAIRWAY BOULEVARD (43213), being 3.87± acres located on the north side of Fairway Boulevard, 400± feet west of Etna Road, From: L-R, Limited Rural District, To: PUD-2, Planned Unit Development District (Rezoning # Z06-003). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Tabled Indefinitely. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1275-2006 To grant a Variance from the provisions of Sections 3332.029, R-4, Residential District; 3332.05, Area district lot width requirements; 3332.15, R-4, area district requirements; 3332.18(D) Basis of computing area; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.30, Vision clearance; 3342.28(A)(6) Minimum number of parking spaces required, for the property located at 773 DENNISON AVENUE (43215), to permit a second single-family dwelling (carriage house) and conform an existing single-family dwelling with reduced development standards on a lot zoned in the R-4, Residential District. (Council Variance #CV06-020) A motion was made by Chair Mentel, seconded by Boyce, that this matter be Amended as submitted to the Clerk. The motion carried by the following vote: Abstained: Ms. Hudson Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares and Thomas A motion was made by Chair Mentel, seconded by Boyce, that this matter be Tabled Indefinitely. The motion carried by the following vote: Abstained: Ms. Hudson Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares and Thomas 1212-2006 To rezone 94 WEST THIRD AVENUE (43201), being 0.49± acres located at

City of Columbus 8 of 10 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 42 of 408 Zoning Committee Journal July 24, 2006

the northeast corner of West Third Avenue and Apollo Place (010-017064), From: AR-O, Apartment Residential/Office District, To: L-P-2, Limited Public Parking District. (Rezoning # Z06-010). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1231-2006 To rezone 116 WEST STARR AVENUE (43201), being 0.77± acres located at the northeast corner of West Starr and Dennison Avenues, From: L-P-2, Limited Parking and P-2, Parking Districts, To: AR-O, Apartment Residential Office District (Rezoning # Z05-091). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson 1240-2006 To grant a Variance from the provisions of Sections 3333.15(c), Basis of computing area;, 3333.18(F), Building lines; 3333.24, Rear yard; 3333.27, Vision Clearance; 3342.15, Maneuvering; 3342.18, Parking setback line; 3342.28(A)5, Minimum number of parking spaces required; 3333.26(a), Height district; of the Columbus City Code, for the property located at 116 WEST STARR AVENUE (43201), to permit a multi-family development with reduced standards in the AR-O, Apartment Residential Office District (Council Variance # CV05-056). A motion was made by Chair Mentel, seconded by Hudson, that this matter be Waived the 2nd Reading. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson A motion was made by Chair Mentel, seconded by Hudson, that this matter be Approved. The motion failed by the following vote: Negative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson

ADJOURNED: 8:08 P.M.

City of Columbus 9 of 10 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 43 of 408 Zoning Committee Journal July 24, 2006

A motion was made by Chair Mentel, seconded by Boyce, to adjourn this Regular Meeting. The motion carried by the following vote: Affirmative: Chair Mentel, Mr. Boyce, President Habash, Ms. O'Shaughnessy, Tavares, Thomas and Ms. Hudson

City of Columbus 10 of 10 Printed on 7/28/2006

Columbus City Bulletin (Publish Date 07/29/06) 44 of 408

Ordinances and Resolutions

Columbus City Bulletin (Publish Date 07/29/06) 45 of 408 Office of City Clerk 90 West Broad Street City of Columbus Columbus OH 43215-9015 City Bulletin Report columbuscitycouncil.org

Legislation Number: 0127X-2006

Drafting Date: 07/03/2006 Current Status: Passed

Version: 1 Matter Type: Resolution

Explanation Background: An application is being submitted to the Ohio Public Works Commission for a Clean Ohio Conservation Fund grant.

The application is for $ 806,100 to be used for the Big Walnut Creek Corridor Preservation Project, Three Creeks Park to Nafzger Park. The funds will be used to acquire properties for the preservation of 4.0 miles of riparian corridor. The application will be for $ 596,100 (74% of total ) in OPWC conservation funding.

The City's matching portion of this grant (26%---$210,000) is to come from capital improvement bond funding.

Emergency action is requested so the legislation can be included in the grant application package due September 1, 2006.

Fiscal Impact: $ 806,100 in grant funding is being applied for and requested from the Clean Ohio Conservation Fund administered by the Ohio Public Works Commission. No funding from the city is required at this time. At award of the grant, additional legislation will be prepared to appropriate the required funding.

Title To support the application for two Clean Ohio Grants by the Recreation and Parks Department to fund the Big Walnut Creek Corridor Preservation Project, Three Creeks Park to Nafzger Park, and to declare an emergency.

Body Whereas, the Ohio Public Works Commission, District 3, is accepting applications for grant funding from the Clean Ohio Conservation Fund; and

Whereas, the Recreation and Parks Department wishes to apply for said funding for the Big Walnut Creek Corridor Preservation Project, Three Creeks Park to Nafzger Park; and

Whereas, an emergency exists in the usual daily operation of the Recreation and Parks Department in that is immediately necessary to enact this legislation so it can be included in the grant application package due September 1, 2006 and for the preservation of public health, peace, property, and safety; now, therefore

BE IT ORDAINED BY THE COUNCIL FO THE CITY OF COLUMBUS:

Section 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to submit a grant application in the amount of $ 806,100 to the Ohio Public Works Commission, District 3, for the Clean Ohio Conservation Fund.

Section 2. That this ordinance authorized an application only and is not a commitment to expend City funds. A second ordinance to authorize the grant is required before the City will obligate its funds.

Columbus City Bulletin (Publish Date 07/29/06) 46 of 408 Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this resolution is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 0128X-2006

Drafting Date: 07/03/2006 Current Status: Passed

Version: 1 Matter Type: Resolution

Explanation Background: An application is being submitted to the Ohio Public Works Commission for a Clean Ohio Conservation Fund grant.

The application is for $ 252,000 to be used for the Dysart Run Corridor Preservation Project. The funds will be used to acquire a property for the preservation of over 1000 ft of stream and connecting riparian corridor. The application will be for $ 186,480 (74% of total ) in OPWC conservation funding.

The City's matching portion of this grant (26%---$65,520) is to come from special park funding.

Emergency action is requested so the legislation can be included in the grant application package due September 1, 2006.

Fiscal Impact: $ 252,000 in grant funding is being applied for and requested from the Clean Ohio Conservation Fund administered by the Ohio Public Works Commission. No funding from the city is required at this time. At award of the grant, additional legislation will be prepared to appropriate the required funding.

Title To support the application by the Recreation and Parks Department for a Clean Ohio Conservation Fund Grant for the Dysart Run Corridor Preservation Project, and to declare an emergency.

Body Whereas, the Ohio Public Works Commission, District 3, is accepting applications for grant funding from the Clean Ohio Conservation Fund; and

Whereas, the Recreation and Parks Department wishes to apply for said funding for the Dysart Run Forested Floodplain Preservation Project; and

Whereas, an emergency exists in the usual daily operation of the Recreation and Parks Department in that is immediately necessary to enact this legislation so it can be included in the grant application package due September 1, 2006 and for the preservation of public health, peace, property, and safety; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Columbus City Bulletin (Publish Date 07/29/06) 47 of 408 Section 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to submit a grant application in the amount of $ 252,000 to the Ohio Public Works Commission, District 3, for the Clean Ohio Conservation Fund.

Section 2. That this ordinance authorized an application only and is not a commitment to expend City funds. A second ordinance to authorize the grant is required before the City will obligate its funds.

Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this resolution is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 0133X-2006

Drafting Date: 07/19/2006 Current Status: Passed

Version: 1 Matter Type: Ceremonial Resolution

Explanation

Title To recognize Jerry Bahlmann for his contributions to the Columbus community on the occasion of his retirement from Battelle. Body WHEREAS, Jerry Bahlmann, Senior Vice President, General Counsel, and Secretary of Battelle, is retiring after 30 years of outstanding service to this Columbus institution; and

WHEREAS, Jerry Bahlmann has led numerous successful organizational and community initiatives for Battelle; and

WHEREAS, Jerry Bahlmann has been a global leader in legal, technology commercialization, intellectual property, and administrative areas that have helped significantly grow Battelle's business during the past three decades; and

WHEREAS, Jerry Bahlmann has provided outstanding service to the Greater Columbus community through his tireless civic involvement efforts and support for the United Way, Columbus Council on World Affairs, Capital University, and Columbus Chamber of Commerce; and

WHEREAS, Jerry's career exemplifies the values of Battelle and Columbus as entities that focus on innovation, growth, and collaboration; now, therefore

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:

That this Council salutes Jerry Bahlmann on his well-deserved retirement from Battelle and wishes him the best in the years ahead.

Columbus City Bulletin (Publish Date 07/29/06) 48 of 408 Legislation Number: 0136X-2006

Drafting Date: 07/21/2006 Current Status: Passed

Version: 1 Matter Type: Resolution

Explanation

Title To honor the memory of Rahsaan Roland Kirk and proclaim August 7-11, 2006 Rahsaan Roland Kirk Week in Columbus, Ohio. Body WHEREAS, Rahsaan Roland Kirk was born Ronald Kirk, the eldest child of Gertrude and Theodore Kirk, in Columbus, Ohio, on August 7, 1936; and

WHEREAS, Rahsaan Roland Kirk in his brief but amazingly productive 41 years of life, gained international acclaim for his virtuosity as a jazz saxophonist, flautist and uniquely original composer; and

WHEREAS, Mr. Kirk won the Down Beat magazine jazz award as "best miscellaneous instrument" performance for 14 consecutive years between 1961 and 1975 and also performed on the soundtrack of the Oscar-winning 1967 movie "In the Heat of the Night"; and

WHEREAS, Mr. Kirk, in addition to creating his own music, devoted his life to preserving and promoting the collected works of jazz icons, such as John Coltrane, Fats Waller, Duke Ellington, Charlie Parker and Louis Armstrong and thereby inspired a new generation of jazz artists that included Grover Washington, Jr., Hubert Laws, Wayne Shorter and Anthony Braxton; and

WHEREAS, Mr. Kirk served as a majestic example of self -empowerment for those who face physical challenges and who was a courageously outspoken advocate for the politically disenfranchised and economically disadvantaged; and

WHEREAS, during Rahsaan Roland Kirk week NPR station 90.5 WCBE as well as National NPR affiliate 820 AM WOSU will air documentaries on the famed musician; now, therefore

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:

That Columbus City Council, with the enthusiastic concurrence of Mayor Michael B. Coleman, proclaims the week of August 7, 2006, as "Rahsaan Roland Kirk Week."

Legislation Number: 0507-2006

Drafting Date: 02/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: This legislation authorizes the Director of the Department of Development to amend the existing Enterprise Zone Agreement (EZA) with Northland Associates LLC, Retail Ventures, Inc. and three of its subsidiaries, including, Value City Department Stores LLC (fka Value City Department Stores, Inc.,) Retail Ventures Services, Inc., and DSW, Inc. (fka Shonac Corporation) (collectively the "Retail Ventures Entities").

Columbus City Bulletin (Publish Date 07/29/06) 49 of 408 Columbus City Council approved an EZA and a Jobs Creation Tax Credit Agreement (JCTCA) by Ordinance No. 2237-2003 on October 6, 2003. The legislation authorized the Director of the Department of Development to enter into an EZA with Value City Department Stores, Inc. and Northland Associates LLC for a tax abatement of 75% for a period of ten years on real property improvements and personal property as well as a JCTCA of 60% for a period of 15 years with Value City Department Stores, Inc. in consideration of a proposed $19.5 million investment, the retention of 548 full-time jobs and the creation of 110 new full-time positions. Subsequent to the authorization by Columbus City Council, an amendment was approved on January 12, 2004 by Ordinance No. 0053-2004 to change the name of Value City Department Stores, Inc. to reflect the new parent company, Retail Ventures, Inc. and three of its subsidiaries including Value City Department Stores, Inc., Shonac Corporation and Retail Ventures Services, Inc.

Due to economic conditions, Retail Ventures Entities did not invest in personal property, nor retain 548 jobs nor create 110 jobs. Therefore, City of Columbus did not enter into a JCTCA with Retail Ventures Entities because of the lack of job creation.

However, Retail Ventures did create two jobs (making them eligible for an incentive) instead of 110 jobs they had hoped would have been created under the original deal. Under the new deal, Retail Ventures Entities has subleased the project space to the State of Ohio. The State has located and retained 790 jobs with an estimated annual payroll of $32 million providing $632,000 in income tax. The original proposed employment of 548 jobs would have had an estimated payroll of $22 million and $438,000 in income tax. Therefore, the new deal results in approximately $194,000 of additional income tax to the City.

FISCAL IMPACT: No funding is required for this legislation.

Title To authorize the Director of the Department of Development to amend the existing Enterprise Zone Agreement with Retail Ventures Entities and Northland Associates, LLC. to reflect a change in investment from $19 million to $16.6 million, the creation of two full time jobs, and the retention of 790 jobs from the State of Ohio; and to declare an emergency.

Body WHEREAS, the Columbus City Council approved an Enterprise Zone Agreement (EZA) and Jobs Creation Tax Credit Agreement (JCTCA) with Value City Department Stores, Inc. and Northland Associates, LLC. on October 6, 2003 by Ordinance No. 2237-2003; and

WHEREAS, the EZA granted a 75%/10 year incentive on real property improvements and personal property to Value City Department Stores, Inc. and Northland Associates, LLC and the JCTCA granted a 60%/15 year incentive to Value City Department Stores, Inc.; and

WHEREAS, the EZA required Value City Department Stores, Inc. and Northland Associates, LLC to invest $19.5 million, retain 548 full-time jobs and create 110 new full-time jobs; and

WHEREAS, DSW created sixty two (62) jobs as a result of the Retail Ventures project but the jobs were not created at the project site; and

WHEREAS, the EZA and JCTCA was amended on January 12, 2004 by Ordinance No. 0053-2004 to reflect the new parent holding company of Value City Department Stores, Inc. now known as Retail Ventures, Inc. and three of its subsidiaries which include Value City Department Stores LLC (fka Value City Department Stores, Inc.) DSW, Inc. (fka Shonac Corporation) and Retail Ventures Services, Inc. (collectively, the "Retail Ventures Entities"); and

WHEREAS, the City did not enter into a JCTCA with Retail Ventures Entities because Retail Ventures Entities will not create 110 jobs; and

Columbus City Bulletin (Publish Date 07/29/06) 50 of 408 WHEREAS, a need exists to amend the EZA because: (1) current economic conditions have forced the Retail Ventures Entities to reassess their decision to occupy the Project Site (as defined in the EZA and incorporated herein); (2) the Retail Ventures Entities are unlikely to invest in any tangible personal property at the Project Site and (3) the Retail Ventures Entities are unlikely to create the 110 new full-time permanent jobs at the Project Site required by the EZA; and

WHEREAS, Retail Ventures, Inc has entered into an agreement with the State of Ohio effective April 1, 2005, under which Retail Ventures, Inc. agreed to sublease its portion of the Project Site to the Department of Administrative Services for occupancy by the Ohio Department of Taxation; and

WHEREAS, an emergency exists in the usual daily operations of the Department of Development in that it is immediately necessary to amend the Enterprise Zone Agreement in order to preserve the public health, peace, property, safety and welfare; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of the Department of Development is hereby authorized to amend the Enterprise Zone Agreement with Retail Ventures Entities and Northland Associates, LLC to reflect a change in investment from $19 million to $16.6 million, the creation of two full time jobs and the retention of 790 jobs by the State of Ohio.

Section 2. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 0891-2006

Drafting Date: 05/03/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationBACKGROUND The Fire Division is in need to replace it's current obsolete PBX telephone system with a new PBX telephone system; this ordinance authorizes and directs the Finance and Management Director to issue a purchase order to Horizon Chillicothe Telephone in the amount of $170,321.00, for this purchase, via the Safety Bond Fund, in accordance with Solicitation SA001966.

An amendment to the 2006 CIB via a transfer of funds within projects of the Safety Bond Fund is necessary to complete this purchase.

Bid Information/Contract Compliance: Bids were solicited via the Purchasing Division via Solicitations SA001966, with Horizon Chillicothe Telephone submitting the lowest, best, responsive and responsible bid.

Contract Compliance: 314147310

Emergency Designation: This legislation is to be considered an emergency measure to allow for the immediate use of funds, and immediate purchase of this equipment.

FISCAL IMPACT: Funds exist within the Safety Bond Fund for this amendment, transfer and purchase. TitleTo authorize and direct the Finance and Management Director to issue a purchase order to Horizon Chillicothe Telephone in the amount of $170,321.00, for the purchase of PBX Equipment for the Fire Division; to amend the 2006 Capital Improvements Budget; authorize the transfer within projects and expenditure of $170,321.00 from the Safety Bond Fund; and to declare an emergency. ($170,321.00) BodyWHEREAS, the Fire Division is in need to replace it's current obsolete PBX telephone system with a new PBX

Columbus City Bulletin (Publish Date 07/29/06) 51 of 408 telephone system; and

WHEREAS, bids were solicited via the Purchasing Division as Solicitation SA001966, with Horizon Chillicothe Telephone submitting the lowest, best, responsive and responsible bid; and

WHEREAS, an emergency exists in the usual daily operation of the Department of Public Safety, Division of Fire, in that it is immediately necessary to amend the 2006 CIB, transfer funding within projects of the Safety Bond Fund and purchase said telephone equipment for the aforementioned purpose for the preservation of the public health, peace, property, safety, and welfare; Now, Therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS

Section 1. That the Finance and Management Director is hereby authorized to issue a purchase order to Horizon Chillicothe Telephone for the purchase of a new PBX telephone system in accordance with Solicitation SA001966.

Section 2. That the City Auditor is hereby authorized and directed to transfer funds within the Safety Bond Fund as follows:

From: Dept/Div: 30-04; Fund 701; OCA: 644559; Project: 340113; Amount: $170,321.00

To: Dept/Div: 30-04; Fund 701; OCA: 644559; Project: 340103; Amount: $170,321.00

Section 3. That the 2006 Capital Improvement Budget passed via Ordinance 1108-2006 on 6/19/2006 is hereby amended as follows:

Fire Station #35 Project #340113 - Current Authority - $1,029,792 - New Authority - $859,471 Facilities Renovation Project #340103 - Current Authority - $1,277,890 - New Authority - $1,448,211

Section 4. That the expenditure of $170,321.00 or so much thereof as may be necessary is hereby authorized to be expended from the Fire Division 30-04, via Safety Bond Fund 701; OCA 644559; Facility Renovation Project 340103; Object Level 3 6644 to pay the cost thereof.

Section 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1053-2006

Drafting Date: 06/01/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Council Variance Application: CV06-014

APPLICANT: Connie J. Klema, Atty.; P.O. Box 9914; Pataskala, OH 43062.

PROPOSED USE: Restaurant.

VICTORIAN VILLAGE AREA COMMISSION RECOMMENDATION: Approval.

CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a 2038 square-foot vacant commercial building. The applicant is requesting a Council Variance to renovate the building and allow a restaurant in the

Columbus City Bulletin (Publish Date 07/29/06) 52 of 408 R-4, Residential District. Variances to conform the site's existing conditions are included in the request. The site lies within the boundaries of Italian Village East Redevelopment Plan (2000), which encourages mixed-use development at this site, including commercial uses. The site is within the Urban Commercial Overlay, which applies to commercial but not residential uses. This proposal will contribute to the planned revitalization of the Italian Village East neighborhood. A hardship exists in that a commercial use was originally established on this site, and City plans and overlays recommend commercial use of the site, but the R-4 zoning designation prevents changing the use to a restaurant without City Council action.

Title To grant a Variance from the provisions of Sections 3332.039, R-4, Residential district uses; 3332.05, Area district lot width requirements; 3332.15, R-4 Area district requirements; 3332.21, Building lines; 3332.22, Building lines on corner lots; 3372.609, Setback requiremants; 3332.25, Maximum side yard required; 3332.27, Rear yard; 3332.30(b), Vision clearance; 3342.28(B)14, Minimum number of parking spaces required; of the Columbus City codes for the property located at 944 NORTH FOURTH STREET (43201), to permit a restaurant with reduced development standards in the R-4, Residential District (Council Variance # CV06-014).

Body WHEREAS, by application #CV06-014, the owner of the property at 944 NORTH FOURTH STREET (43201), is requesting a Variance to permit a restaurant with reduced development standards in the R-4, Residential District; and

WHEREAS, Section 3332.039, R-4, Residential district uses, prohibits commercial uses, while the applicant proposes to allow a restaurant in a commercial building with reduced development standards; and

WHEREAS, Section 3332.05, Area district lot width requirements, requires lot width of fifty (50) feet in the R-4 district, while the applicant proposes to maintain thirty-seven (37) feet; and

WHEREAS, Section 3332.15, R-4 Area district requirements, requires a principal building to be situated on a lot of not less than five thousand (5000) square feet, while the applicant proposes to maintain the existing lot area of 3,594 square feet; and

WHEREAS, Section 3332.21, Building lines, in conjunction with 3372.609, Setback requirements, requires zero feet, while the existing building encroaches in accordance with "Quitclaim Deed of Encroachment Easement;" and

WHEREAS, Section 3332.22, Building lines on corner lots, requires a corner property with a width of less than forty (40) feet to have a setback of at least twenty (20) percent of the property width minus two percent for each foot of lesser width than forty feet resulting in 5.18 feet in this case, while the applicant proposes to maintain the existing building encroachment in accordance with the "Quitclaim Deed of Encroachment Easement;" and

WHEREAS, Section 3332.25, Maximum side yard required, requires the sum of the widths of each side yard to equal twenty (20) percent of the lot width or no more than sixteen (16) feet, while the applicant proposes to maintain a maximum side yard of zero (0) feet; and

WHEREAS, Section 3332.27, Rear yard, requires a principal building to provide a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes a rear yard of 237 square feet or 6.6 percent; and

WHEREAS, Section 3332.30(b), Clear Vision at intersections, requires a clear vision triangle to be maintained at intersections, while the existing building provides zero feet of vision clearance; and

WHEREAS, Section 3342.28(B)14, Minimum number of parking spaces required, requires a restaurant provide one (1) parking space per seventy-five (75) square feet of gross floor area, or 28 parking spaces, while the applicant proposes to provide two (2) parking spaces for the new use; and

WHEREAS, the applicant has secured a parking agreement with a nearby business to use 20 parking spaces; and

Columbus City Bulletin (Publish Date 07/29/06) 53 of 408 WHEREAS, this variance will allow a restaurant use with reduced development standards in the R-4, Residential District; and

WHEREAS, the Victorian Village Area Commission recommends approval; and

WHEREAS, City Departments recommend approval because this proposal will contribute to the planned revitalization of the Italian Village East neighborhood. The site is developed with a 2038 square-foot vacant commercial building. The applicant is requesting a Council Variance to renovate the building and allow a restaurant in the R-4, Residential District. Variances to conform the site's existing conditions are included in the request. The site lies within the boundaries of Italian Village East Redevelopment Plan (2000), which encourages mixed-use development at this site, including commercial uses. The site is within the Urban Commercial Overlay, which applies to commercial but not residential uses. A hardship exists in that a commercial use was originally established on this site, and City plans and overlays recommend commercial use of the site, but the R-4 zoning designation prevents changing the use to restaurant without City Council action; and

WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and

WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and

WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and

WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 944 NORTH FOURTH STREET (43201), in using said property as desired and; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That a variance from the provisions of Sections 3332.039, R-4, Residential district uses; 3332.05, Area district lot width requirements; 3332.15, R-4 Area district requirements; 3332.21, Building lines; 3372.609, Setback requiremants; 3332.22, Building lines on corner lots; 3332.25, Maximum side yard required; 3332.27, Rear yard; 3332.30(b), Vision clearance; 3342.28(B)14, Minimum number of parking spaces required; of the Columbus City codes for the property located at 944 NORTH FOURTH STREET (43201), to permit a 2038 square foot restaurant with reduced development standards in the R-4, Residential District; said property being more particularly described as follows:

LEGAL DESCRIPTION

010-049973 944 N. FOURTH STREET

Being Lot Number 1 of the Horace J. Maynard's Subdivision a subdivision which is delineated on a plat as recorded in Plat Book 2, Page 268 of the records of Franklin County, Ohio, said Lot also being described as parcel 18 as conveyed from Jeffrey Galion Inc., an Ohio corporation to Jeffrey Galion Inc., a Delaware corporation as recorded in Deed Book 3394, page 428 of the records of Franklin County, Ohio, and being more fully described as follows:

Beginning at a point of intersection of the easterly right-of-way line of North Fourth Street with the southerly right-of-way line of East Second Avenue, said point also being the northwest corner of Lot Number 1 of the above mentioned subdivision, thence South 86 degrees 56' 50" East a distance of 100.00 feet to a point in said southerly right-of-way line, said point also being the northeast corner of Lot Number 1 of the above mentioned subdivision; thence South 8 degrees 30' 22" East a distance of 37.00 feet to a point, said point being the southeast corner of Lot Number 1 of the above mentioned subdivision; thence North 86 degrees 56' 50" West a distance of 100.00 feet to a point in the easterly right-of-way of said

Columbus City Bulletin (Publish Date 07/29/06) 54 of 408 North Fourth Street said point also being the southwest corner of Lot Number 1 of the above mentioned subdivision; thence North 8 degrees 30' 22" West a distance of 37.00 feet to the point of beginning.

SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a restaurant, or those uses permitted in the R-4, Residential District.

SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "SITE PLAN,", dated May 24, 2006, and signed by Connie J. Klema, Applicant. The Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the Site Plan shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.

SECTION 5. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.

SECTION 6. That this ordinance is further conditioned upon compliance with Urban Commercial overlay requirements if the existing building is replaced with a new building.

SECTION 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1063-2006

Drafting Date: 06/02/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

..Explanation Council Variance Application: CV06-009

APPLICANT: Jackson Realty; c/o Belvia Jackson; 6888 Jennifer Ann Drive; Lewis Center, OH 43035.

PROPOSED USE: To conform an existing single-family dwelling.

NORTH EAST AREA COMMISSION RECOMMENDATION: Approval.

CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a single-family dwelling zoned in the C-4, Commercial District. The applicant is requesting a Council Variance to conform the dwelling so that the applicant can obtain building permits to repair fire damage that exceeds 50% of the value of the existing dwelling. The site is located within the planning area of the Northeast Area Plan (1994), which recommends low density residential uses for this location, and single-family residential use is predominant in the area. A hardship exists in that a variance is necessary to allow necessary repairs to the dwelling.

Title To grant a Variance from the provisions of Section 3356.03, C-4, Permitted Uses, of the Columbus City Codes for the property located at 1835 ABERDEEN AVENUE (43211), to conform an existing single-family dwelling in the C-4, Commercial District (Council Variance # CV06-009).

Body WHEREAS, by application No. CV06-009, the owner of property at 1835 ABERDEEN AVENUE (43211), is requesting a Council variance to allow an existing single-family dwelling in the C-4, Commercial District; and

WHEREAS, Section 3356.03, C-4 Permitted Uses, permits dwelling units only above certain commercial uses, while the applicant proposes to make an existing single-family dwelling a conforming use on the property; and

Columbus City Bulletin (Publish Date 07/29/06) 55 of 408 WHEREAS, The North East Area Commission recommends approval; and

WHEREAS, City Departments recommend approval because the site is developed with a single-family dwelling, and the requested Council Variance will conform the dwelling so that the applicant can obtain building permits to repair fire damage that exceeds 50% of the value of the existing dwelling. The site is located within the planning area of the Northeast Area Plan (1994), which recommends low density residential uses for this location, and single-family residential use is predominant in the area. A hardship exists in that a variance is necessary to allow necessary repairs to the dwelling; and

WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and

WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and

WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and

WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 1835 ABERDEEN AVENUE (43211), in using said property as desired; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That a variance is granted from the provisions of Section 3356.03, C-4, Permitted Uses of the Columbus City Codes for the property located at 1835 ABERDEEN AVENUE (43211), in that said section prohibits a single-family dwelling in the C-4, Commercial District; said property being more particularly described as follows:

1835 ABERDEEN AVENUE (43211), being 0.10± acres located on the south side of Aberdeen Avenue, 431± feet west of Joyce Avenue, and being more particularly described as follows:

1835 Aberdeen Avenue Parcel # 010-079651

Situated in the State of Ohio, County of Franklin, and in the City of Columbus:

Being Lot Number Seven (7), and the East half of Lot Number (6), of East Linden Park Place Addition, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 9, page 14, Recorder's Office, Franklin County, Ohio.

SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a single-family dwelling, or those uses permitted in the C-4, Commercial District.

SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.

SECTION 4. That this ordinance is further conditioned upon vinyl siding being used as the predominant exterior building material.

SECTION 5. That this ordinance is further conditioned upon compliance with R-3, Residential District standards for any additions to the existing structure, or the construction of any accessory structures including a private garage.

SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Columbus City Bulletin (Publish Date 07/29/06) 56 of 408 Legislation Number: 1071-2006

Drafting Date: 06/05/2006 Current Status: Passed

Version: 3 Matter Type: Ordinance

Explanation Rezoning Application # Z06-013

APPLICANT: Maronda Homes, Inc.; c/o Daniel Schoedinger, Atty.; 52 East Gay Street; Columbus, Ohio 43216.

PROPOSED USE: Change in development standards for single-family, multi-family and commercial development.

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on April 13, 2006.

CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The site is located within the boundaries of the Southeast Area Plan (2000), which recommends neotraditional village/neighborhood, multi-family residential, and open space uses for the site. A major component of neotraditional village is pedestrian-oriented design. One component of pedestrian oriented design is to provide automobile access to residences through alleys, limiting the interaction between pedestrians and automobiles along the sidewalks. Two of the three neighborhood zoning districts which are part of the TND (Traditional Neighborhood Development) districts, NG, Neighborhood General and NC, Neighborhood Center, require garages to be accessed from alleys at the rear of the lots. The NE, Neighborhood Edge District allows single-width driveways for lots which are 55 feet wide or greater with the garage set back two feet from the front facade of the main building. The current PUD zoning allows only single-width driveways on lots 40 feet wide or larger and less than 55 feet wide. The proposed revision would allow 16 foot wide driveways on lots 40 feet wide or wider, 25 foot deep rear yards and the relocation of the community center. The wider driveways increase the auto-oriented nature of the streetscape, decreasing the pedestrian oriented nature of the streetscape. This site was rezoned in 2002 with development standards generally consistent with the principles of TND, however, this proposed rezoning removes some of the TND elements. Staff supports the proposed revisions to the rear yard requirements and the relocation of the community center to the CPD, Commercial Planned Development District, however, the proposed increased driveway width is not consistent with the Southeast Area Plan (2000) recommendation for neotraditional village uses.

Title To rezone 5797 SHANNON ROAD (43110), being 142.4± acres located on the south side of Shannon Road at the intersection of Shannon Road and Fitzpatrick Boulevard, From: PUD-8, Planned Unit Development and CPD, Commercial Planned Development Districts, To: PUD-8, Planned Unit Development and CPD, Commercial Planned Development Districts and to declare an emergency. (Rezoning # Z06-013)

Body WHEREAS, application #Z06-013 is on file with the Building Services Division of the Department of Development requesting rezoning of 142.4± acres from PUD-8, Planned Unit Development and CPD, Commercial Planned Development Districts, to PUD-8, Planned Unit Development and CPD, Commercial Planned Development Districts; and

WHEREAS, the Development Commission recommends approval of said zoning change; and

WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and

WHEREAS, the City Departments recommend disapproval of said zoning change because staff supports the proposed

Columbus City Bulletin (Publish Date 07/29/06) 57 of 408 revisions to the rear yard requirements and the relocation of the community center to the CPD, Commercial Planned Development District, however, the proposed increased driveway width is not consistent with the Southeast Area Plan (2000) recommendation for neotraditional village uses. The site is located within the boundaries of the Southeast Area Plan (2000), which recommends neotraditional village/neighborhood, multi-family residential, and open space uses for the site. A major component of neotraditional village is pedestrian-oriented design. One component of pedestrian oriented design is to provide automobile access to residences through alleys, limiting the interaction between pedestrians and automobiles along the sidewalks. Two of the three neighborhood zoning districts which are part of the TND (Traditional Neighborhood Development) districts, NG, Neighborhood General and NC, Neighborhood Center, require garages to be accessed from alleys at the rear of the lots. The NE, Neighborhood Edge District allows single-width driveways for lots which are 55 feet wide or greater with the garage set back two feet from the front facade of the main building. The current PUD zoning allows single-width driveways on lots 40 feet wide or larger. The proposed revision would allow 16 foot wide driveways on lots 40 feet wide or wider, 25 foot deep rear yards and the relocation of the community center. The wider driveways increase the auto-oriented nature of the streetscape, decreasing the pedestrian oriented nature of the streetscape. This site was rezoned in 2002 with development standards generally consistent with the principles of TND, however, this proposed rezoning removes some of the TND elements, now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:

5797 SHANNON ROAD (43110), being 142.4± acres located on the south side of Shannon Road at the intersection of Shannon Road and Fitzpatrick Boulevard, From: PUD-8, Planned Unit Development and CPD, Commercial Planned Development Districts, To: PUD-8, Planned Unit Development and CPD, Commercial Planned Development Districts, and being more particularly described as follows:

Maronda Legal Description

Legal Description for Z06-013

SUBAREA 1: Situated in the State of Ohio, County of Franklin, Township of Madison, Section 11, Township 11, Range 21, Congress Lands being more particularly bounded and described as follows:

Beginning, for reference, at the southwesterly corner of said Section 11, the northwesterly corner of Section 14; thence North 04°43'40" East, leaving said common section line, a distance of 470.27 feet to the True Point of Beginning:

North 04°39'35" East, a distance of 867.81 feet;

North 85°18'44" West, a distance of 1334.22 feet;

North 04°03'34" East, a distance of 1635.03 feet;

South 85°55'06" East, a distance of 2021.47 feet;

South 04°05'05: West, a distance of 1723.82 feet;

South 86°23'36" East, a distance of 122.55 feet;

South 04°43'40" West, a distance of 623.61 feet;

North 85°16'20" West, a distance of 109.82 feet;

Columbus City Bulletin (Publish Date 07/29/06) 58 of 408 South 04°49'02" West, a distance of 63.15 feet;

North 85°46'43" West, a distance of 76.03 feet;

South 04°11'27" West, a distance of 110.00 feet;

North 85°48'33" West, a distance of 624.00 feet to the True Point of Beginning and containing 91.6 acres of land, more or less, less and excepting

Situated in the State of Ohio, County of Franklin, Township of Madison, Section 11, Township 11, Range 21, Congress Lands and described as follows:

Beginning, for reference, at the southwesterly corner of said Section 11, the northwesterly corner of Section 14; thence South 85°28'19" East, with the common line of said Sections 11 and 14, a distance of 1651.44 feet to a point; thence North 04°31'41" East, leaving said section line, a distance of 2326.05 feet to the True Point of Beginning; thence North 04°04'31" East, a distance of 220.00 feet to a point; thence South 86°06'51" East, a distance of 304.24 feet to a point; thence South 04°04'31" West, a distance of 220.00 feet to a point; thence North 86°06'51" West, a distance of 304.24 feet to the True Point of Beginning and containing 1.5 acres of land, more or less.

SUBAREA 1 Situated in the State of Ohio, County of Franklin, City of Columbus, Section 11, Township 11, Range 21, Congress Lands and described as follows: Beginning for reference, at the southwesterly corner of said Section 11; thence South 85°28'19" East, with the southerly line of said Section 11, a distance of 1489.14 feet; thence North 04°49'24" East, leaving said section line, a distance of 466.24 feet to the True Point of Beginning; thence North 04°49'24" East, a distance of 868.10 feet; thence North 85°22'02" West, a distance of 1332.60 feet; thence North 04°17'23" East, a distance of 1036.76 feet; thence North 04°20'21" East, a distance of 602.83 feet; thence South 85°46'59" East, a distance of 2016.45 feet; thence South 04°01'33" West, a distance of 1721.51 feet; thence South 86°23'36" East, a distance of 122.55 feet; thence South 04°39'18" West, a distance of 623.61 feet; thence North 85°21'42" West, a distance of 110.00 feet; thence South 04°34'35" West, a distance of 63.15 feet; thence North 85°51'06" West, a distance of 76.03 feet; thence South 04°07'05" West, a distance of 110.00 feet; thence North 85°52'55" West, a distance of 632.96 feet to the True Point of Beginning and containing 91.8 acres of land, more or less, less and excepting, therefrom, the following: Situated in the State of Ohio, County of Franklin, City of Columbus, Section 11, Township 11, Range 21, Congress Lands and described as follows: Beginning, for reference, at the southwesterly corner of said Section 11; thence South 85°28'19" East, with the southerly line of said Section 11, a distance of 1651.44 feet; thence North 04°31'41" East, leaving said section line, a distance of 2326.05 feet to the True Point of Beginning; thence North 04°04'31" East, a distance of 220.00 feet; thence South 86°06'51" East, a distance of 304.24 feet; thence South 04°04'31" West, a distance of 220.00 feet;

Columbus City Bulletin (Publish Date 07/29/06) 59 of 408 thence North 86°06'51" West, a distance of 304.24 feet to the True Point of Beginning and containing 1.5 acres of land, more or less. Leaving a net acreage of 90.3 acres of land, more or less. This description was prepared from existing records and is for zoning purposes only. To Rezone From: PUD-8, Planned Unit Development District

To: PUD-8, Planned Unit Development District

SUBAREA 2: Situated in the State of Ohio, County of Franklin, Township of Madison, Section 11, Township 11, Range 21, Congress Lands and described as follows:

Beginning, for reference, at the southeasterly corner;

North 04°46'50" East, a distance of 470.28 feet;

South 85°52'55" East, a distance of 624.00 feet;

North 04°07'05" East, a distance of 110.00 feet;

South 85°51'06" East, a distance of 76.03 feet;

North 04°34'35" East, a distance of 63.15 feet;

South 85°20'42" East, a distance of 110.00 feet;

North 04°39'18" East, a distance of 623.61 feet;

North 86°23'36" West, a distance of 122.55 feet;

North 03°42'34" West, a distance of 1707.47 feet;

South 85°46'59" East, a distance of 527.21 feet;

South 89°42'21" West, a distance of 121.97 feet;

South 03°59'49" West, a distance of 3009.73 feet;

North 85°21'38" West, a distance of 1351.81 feet to the True Point of Beginning and containing 50.8 acres of land more or less;

SUBAREA 2 Situated in the State of Ohio, County of Franklin, City of Columbus, Section 11, Township 11, Range 21, Congress Lands and described as follows: Beginning for reference, at the southwesterly corner of said Section 11; thence South 85°28'19" East, with the southerly line of said Section 11, a distance of 1489.14 feet to the True Point of Beginning; thence leaving said section line, the following courses: North 04°49'24" East, a distance of 446.24 feet; South 85°52'55" East, a distance of 632.96 feet; North 04°07'05" East, a distance of 110.00 feet; South 85°51'06" East, a distance of 76.03 feet; North 04°34'35" East, a distance of 63.15 feet; South 85°21'42" East, a distance of 110.00 feet; North 04°39'18" East, a distance of 623.61 feet; North 86°23'36" West, a distance of 122.55 feet;

Columbus City Bulletin (Publish Date 07/29/06) 60 of 408 North 04°01'33" West, a distance of 1721.51 feet; South 85°46'59" East, a distance of 529.04 feet; South 89°42'21" East, a distance of 123.80 feet; South 04°10'02" West, a distance of 2999.36 feet; North 85°28'19" West, a distance of 1355.79 feet to the True Point of Beginning and containing 50.8 acres of land, more or less. This description was prepared from existing records and is for zoning purposes only. To Rezone From: PUD-8, Planned Unit Development District To: PUD-8, Planned Unit Development District

SUBAREA 3: Situated in the State of Ohio, County of Franklin, Township of Madison, Section 11, Township 11, Range 21, Congress Lands and described as follows:

Beginning, for reference, at the southwesterly corner of said Section 11, the northwesterly corner of Section 14; thence South 85°28'19" East, with the common line of said Sections 11 and 14, a distance of 1651.44 feet to a point; thence North 04°31'41" East, leaving said section line, a distance of 2326.05 feet to the True Point of Beginning; thence North 04°04'31" East, a distance of 220.00 feet to a point; thence South 86°06'51" East, a distance of 304.24 feet to a point; thence South 04°04'31" West, a distance of 220.00 feet to a point; thence North 86°06'51" West, a distance of 304.24 to the True Point of Beginning and containing 1.5 acres of land, more or less.

SUBAREA 3 Situated in the State of Ohio, County of Franklin, City of Columbus, Section 11, Township 11, Range 21, Congress Lands and described as follows: Beginning, for reference, at the southwesterly corner of said Section 11; thence South 85°28'19" East, with the southerly line of said Section 11, a distance of 1651.44 feet; thence North 04°31'41" East, leaving said section line, a distance of 2326.05 feet to the True Point of Beginning; thence North 04°04'31" East, a distance of 220.00 feet; thence South 86°06'51" East, a distance of 304.24 feet; thence South 04°04'31" West, a distance of 220.00 feet; thence North 86°06'51" West, a distance of 304.24 feet to the True Point of Beginning and containing 1.5 acres of land, more or less. This description was prepared from existing records and is for zoning purposes only. To Rezone From: CPD, Commercial Planned Development District

To: CPD, Commercial Planned Development District

SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the PUD-8, Planned Unit Development and CPD, Commercial Planned Development Districts on this property.

SECTION 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved PUD-8, Planned Unit Development and CPD, Commercial Planned Development Districts and Application among the records of the Building Services Division as required by Sections 3311.09 and 3311.12, respectively, of the Columbus City Codes, said plans being titled, "SITE PLAN A," "SITE PLAN B," "SITE PLAN C," "SITE PLAN D," "SITE PLAN E, signed on April 20, 2006 by Daniel H. Schoedinger, attorney for the Applicant and said exhibits being titled "EXHIBIT A," "EXHIBIT B," "EXHIBIT C," signed on March 27, 2006 by Daniel H. Schoedinger,

Columbus City Bulletin (Publish Date 07/29/06) 61 of 408 attorney for the Applicant and "EXHIBIT D," "EXHIBIT E," signed on January 31, 2006 by Jill Tangeman, attorney for the Applicant, and text titled, "PLANNED UNIT DEVELOPMENT AND CPD TEXT," signed on May 26, 2006 by Daniel Schoedinger, attorney for the Applicant, and the text reading as follows:

PLANNED UNIT DEVELOPMENT AND CPD TEXT

PROPOSED DISTRICT: PUD-8 and CPD PROPERTY ADDRESS: 5797 Shannon Road OWNER: Maronda Homes Inc. of Ohio, et al. APPLICANT: Maronda Homes Inc. of Ohio DATE OF TEXT: May 26, 2006 APPLICATION NUMBER: Z06-013

1. INTRODUCTION: The subject property was rezoned in April 2002 pursuant to Ordinance No. 0535-02, wherein the Sub-Area 1 (90.1 +/- acres) of the property was rezoned to PUD 8 for single-family residential development; Sub-Area 2 (50.8 +/- acres) of the property was rezoned to PUD 8 for multi-family development; and Sub-Area 3 (1.5 +/- acres) of the property was rezoned to CPD. The applicant, Maronda Homes Inc. of Ohio, is seeking to modify two of the development standards set forth in the text for Sub-Area 1 and is seeking to relocate the planned community building and pool from Reserve A in Sub-Area 1 to Sub-Area 3. Subject to the minor variations permitted elsewhere in this Text, development shall be substantially in accordance with the following plans, which are on file with the Building Services Division of the City of Columbus and are incorporated herein by reference, all of which are signed and dated 4/20/06 by Daniel H. Schoedinger (collectively, the "Site Plans"): "DEVELOPMENT PLAN" for Meadows at Shannon Lakes designated thereon as "SITE PLAN A" ("Site Plan A"); "CONCEPT PLAN" for Meadows at Shannon Lakes designated thereon as "SITE PLAN B" ("Site Plan B"); "SUB-AREA 2 CONCEPT PLAN" for Meadows at Shannon Lakes designated thereon as "SITE PLAN C" ("Site Plan C"); "REGIONAL CONCEPT DIAGRAM" for Meadows at Shannon Lakes designated thereon as "SITE PLAN D" ("Site Plan D"); and "AMENDED PUD PLAN" for Meadows at Shannon Lakes designated thereon as "SITE PLAN E" ("Site Plan E"). Drawings designated thereon as "Exhibit A," "Exhibit B" and "Exhibit C," all of which are signed and dated 3/27/06 by Daniel H. Schoedinger, and drawings designated thereon as "Exhibit D" and "Exhibit E," both of which are signed and dated 1/31/06 by Jill S. Tangeman, (collectively, the "Plans") are made a part of this Text to the extent provided for in this Text. SUB-AREA 1 (PUD-8) - SINGLE FAMILY (second stage of development) 2. PERMITTED USES: A. Detached single family dwellings on platted lots. B. Up to 8 detached single family dwellings that are located on the same unplatted parcel and do not front on a public street. Those dwellings are to be used as models, and may not be transferred separately, until the property on which each is located is platted as a separate lot having frontage on a public street. C. A real estate sales office for the subject property, which may be on the same parcel as the dwellings described in Section 2B for Sub-Area 1 or on a separate parcel. Promptly after completion of the development and sales of the subject property, the developer will remove the sales office from the subject property. D. Reserve A shall be improved with a pond, walking path and gazebo, as well as other recreational features including picnic tables, volleyball courts, horseshoe pits, and barbeque areas as set forth on Site Plan E. E. A detention/retention pond or ponds on one or more of Reserve A, Reserve C and Reserve D. 3. DEVELOPMENT STANDARDS: Unless otherwise indicated, the applicable development standards are contained in Chapter 3332 of the Columbus City Code. A. Density, Height, Lot and/or Setback commitments. 1. The maximum number of dwelling units in Sub-Area 1 will be 376. 2. The minimum total of both side yards is 10 feet. The minimum side yard on one side is 0 feet. Notwithstanding the foregoing provisions of this Section 3A2, the minimum separation between single family dwellings will comply with all applicable building codes, and easements for maintenance and repair work will be provided on adjacent property where a side yard is less

Columbus City Bulletin (Publish Date 07/29/06) 62 of 408 than 4 feet. 3. The minimum building setback from public streets is 25 feet. The maximum building setback for the principal building is 25 feet (subject to minor variations of up to 2 additional feet of setback to allow a margin of error for field, surveying and construction conditions), except for Reserve A in which there is no maximum building setback. Unenclosed porches may extend no more than 6 feet into the minimum building setback to encourage streetscape diversity. 4. Lots of varying widths will be permitted, provided that no lot may have less than 40 feet of frontage on a public street. 5. Rear yards shall be a minimum of twenty-five (25) feet deep. B. Access, Loading, Parking and/or other Traffic related commitments. 1. All streets within Sub-Area 1 shall be public. With the exception of the entrance boulevard shown on Site Plan B (the easterly entrance from Shannon Road), the first east/west street south of Shannon Road extending east and west from said entrance boulevard and the streets adjacent to Reserve A, all public streets will have a 50 foot rights of way, curbs and gutters and a pavement width of 26 feet from face of curb to face of curb. The entrance boulevard will have an overall right of way width of approximately 80 feet, except that the median islands will be reserves owned and maintained by an owners' association. The design of the entrance boulevard, including the placement of medians, will be subject to the approval of the Division of Transportation as to proper alignment of the lanes with the appropriate lanes of the road intersecting Shannon Road from the north across from the entrance boulevard. The entrance boulevard will have curbs and a pavement width of approximately 14 feet from face of curb to face of curb on the southbound side of the median and approximately 24 feet from face of curb to face of curb on the northbound side of the median. Streets with head-in parking will have a right of way width of approximately 65 feet, curbs and gutters and a pavement width (including parking surface) of approximately 44 feet from face of curb to face of curb. Adjustments to these widths will be permitted with the approval of the Division of Transportation. 2. Vehicular access from Sub-Area 1 to Shannon Road is limited to 2 points substantially as shown on Site Plan B, except that additional access will be permitted for construction access during the development and initial construction on the subject property. 3. The street system in Sub-Area 1 will provide for connection to adjacent properties generally at the locations shown on Site Plan B. 4. The street system in Sub-Area 1 will provide for connections to Sub-Area 2 generally as shown on Site Plan B. 5. Minimum driveway width is 8 ½ feet and maximum driveway width is 16 feet. 6. The street system in Sub-Area 1 will provide for access to Sub-Areas 2 and 3 by the streets shown on Site Plan B. 7. Parallel parking will be permitted on all streets, except as follows: a. Parking will not be permitted on the entrance boulevard; and b. Parking will be permitted on only one side of the north/south street which runs along the east side of Reserve A. 8. The curbs on the west side of each of the entrances to Sub-Area 1 from Shannon Road will have a radius of not less than 45 feet.

9. Unless otherwise approved by the Division of Transportation, it is understood that the north/south street along the east side of Reserve A will be posted for no parking on one side.

C. Buffering, Landscaping, Open space and/or Screening commitments. 1. The developer shall install an average of 1 street tree per 30 feet of street frontage along both sides of all public streets, except Shannon Road. 2. Open spaces/park areas will be provided substantially in the areas identified as Reserves A, C and D on Site Plan B. No part of Reserve A, C or D may be used for dwelling units. 3. There shall be at least a 40 foot landscaped buffer along the south side of Shannon Road, except where Reserve D is adjacent to Shannon Road. Within that landscape buffer: (a) a three rail fence shall be constructed; and (b) street trees 30 feet on center will be planted behind that

Columbus City Bulletin (Publish Date 07/29/06) 63 of 408 fence. 4. The landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like materials within six months or the next available planting season, whichever occurs first. 5. Minimum size of all deciduous trees at installation shall be 2½ inch caliper for deciduous, 5 feet in height for evergreen, and 1½ inch caliper for ornamental. For this purpose, tree caliper will be measured 6" above ground level. All street trees will be species on the City Forester's list of approved street tree species. 6. The common boundary between platted lots and Reserve B will be delineated by fences. 7. Freeboard (storage capacity) of retention/detention ponds should be limited to 4 feet in the design of water features to ensure visibility from streets and public open spaces. 8. Reserve A will be privately owned unless all or part of it is conveyed to a public authority. Not less than 4 acres of Reserve A will be open space. All parts of Reserve A which are not covered by buildings, hard surfaces, landscaping materials or a pond will be mowed and maintained. 9. Reserves C and D will be maintained as open space (either public or private), except that a small part of the east end of Reserve C may be used to provide access from relocated Shannon Road to the property north of Reserve C. A retention or detention pond shall be located within Reserve C to serve all of the subject property by a storm sewer line under relocated Shannon Road. 10. Entrance features utilizing red brick will be installed at the entrances from Shannon Road. 11. A wood privacy fence 6 feet in height shall be installed along that part of the west property line of the subject property which is the west lot line of the four most northerly platted lots along the west property line of the subject property substantially in the area designated "Fence" on Site Plan B. D. Building design and/or Interior-Exterior treatment commitments. 1. Building materials shall consist of brick, stone veneer, wood, glass and vinyl. Manufactured materials are permitted as long as they are natural in appearance. 2. Each garage shall be located either behind the house to which it is accessory or such that the front face of the garage is located at least 2 feet behind the front face of the house to which it is accessory. Each garage shall be a minimum of 27 feet from the street right of way line which it faces. 3. Houses shall be of an architectural style consistent with the architectural style portrayed in the renderings signed and dated 3/27/06 by Daniel H. Schoedinger and marked as Exhibit A, Exhibit B and Exhibit C. 4. All exterior utility meters for each house shall be at the side or rear of that house. E. Dumpsters, Lighting, Outdoor display areas and/or the environmental commitments. 1. Except along Shannon Road, the developer shall install decorative street lamps which will conform with the standards for street lights #1, 2, 3, 4 or 5 contained in the Columbus Street Lighting Standards Master Plan, Project 2020 Lighting Columbus. 2. The developer shall install a concrete sidewalk on both sides of each public street, except Shannon Road. The developer shall install a sidewalk or bike path along the south side of Shannon Road adjacent to Sub-Area 1 prior to the time that it receives building permits for more than 300 houses in Sub-Area 1. 3. Bicycle parking facilities will be provided at least at one location in Reserve A. 4. All utility lines shall be underground. F. Graphics and Signage commitments. 1. The graphic requirements of the R-2 zoning district shall apply to Sub-Area 1. Any variance shall go to the Graphics Commission. G. Miscellaneous. 1. The Site Plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed. Any slight adjustment to the Site Plans shall be reviewed and may be approved by the Director of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. Variations from the Plans are also permitted to change the building types in

Columbus City Bulletin (Publish Date 07/29/06) 64 of 408 Sub-Area 1, provided that the replacement buildings conform to the requirements set forth in this Text. 2. The storm water detention/retention requirements for all and each part of Sub-Area 1 may be satisfied anywhere on Sub-Area 1 or Sub-Area 2, except that storm water detention/retention ponds in Reserve B may be located only in those areas generally designated on the Site Plans. SUB-AREA 2 (PUD-8) - MULTI-FAMILY (first stage of development) 2. PERMITTED USES: Those uses permitted in the AR-12, Apartment Residential District and dwellings containing no fewer than two and no more than eight dwelling units. A separate lot or parcel is not required for any structure containing dwelling units, including any structure containing two dwelling units. 3. DEVELOPMENT TANDARDS: Unless otherwise indicated, the applicable development standards are contained in Chapter 3333 of the Columbus City Code. A. Density, Height, Lot and/or Setback commitments. 1. The maximum number of dwelling units in Sub-Area 2 is 412. 2. The minimum building setbck from the public street adjacent to the west side of Sub-Area 2 and the two east/west streets which extend through Sub-Area 2 to the property to the east of Sub-Area 2 is 12 feet. B. Access, Loading, Parking and/or other Traffic related commitments. 1. No curbs cut from Sub-Area 2 onto Shannon Road will be permitted, except construction access during the development and initial construction on the subject property. 2. The street system in Sub-Area 2 will provide for connections to Sub-Area 1 and to adjacent property generally as shown on the Site Plan C. 3. All streets within Sub-Area 2 will be private streets, except that the two east/west streets that extend through Sub-Area 2 to connect to the property to the east of Sub-Area 2 may, at the option of the owner and subject to acceptance by the City, be dedicated. Break1

C. Buffering, Landscaping, Open space and/or Screening commitments. 1. There shall be a 40 foot landscaped buffer along the south side of relocated Shannon Road. Within this buffer: (a) a three rail fence shall be constructed; and (b) street trees 30 feet on center will be planted within the buffer behind that fence. 2. The landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like materials within six months or the next available planting season, whichever occurs first. 3. Each parking pod having 10 or more parking spaces (exclusive of parking spaces in garages) shall have one deciduous tree planted for every ten parking spaces in that pod. Parallel parking along the private streets will not be considered to be a parking lot or parking pod. 4. Freeboard (storage capacity) of retention/detention ponds should be limited to 4 feet in the design of water features to ensure visibility from streets and public open spaces. 5. Minimum size of deciduous trees at installation shall be 2½ inch caliper for deciduous, 5 feet in height for evergreen, and 1½ inch caliper for ornamental. For this purpose, tree caliper will be measured 6" above ground level. 6. Bicycle parking facilities will be provided at the "Park/Open Space" in Sub-Area 2. 7. Reserves B-1 and B-5 will be conveyed to the City as the parkland dedication requirement for Sub-Areas 1, 2 and 3 pursuant to Chapter 3318, Columbus City Codes, subject to easements for construction, maintenance, repair and replacement of utility lines; provided, however, that easements for utility lines in Reserves B-1 and B-5 will be limited to (i) easements parallel and adjacent to streets, (ii) easements for storm sewer lines to Coble-Bowman Ditch and to the detention/retention ponds in Reserves B-2, B-3 and B-4, and (iii) a 20' wide utlity easement along the west side of Reserve B-1. 8. Reserve B-1 will be a no disturb zone, except for utilities permitted in Section 3C7 of Sub-Area 2. In Reserve B-5, minimal disturbance to accommodate construction will be permitted, and disturbed areas will be seeded with "Old Orchard."

Columbus City Bulletin (Publish Date 07/29/06) 65 of 408 D. Building esign and/or Interior-Exerior treatment commitments. 1. Buildings over 100 feet in length shall have articulated facades (i.e. off-sets, bay windows, chimneys, covered porches, etc.). 2. Gas and electric meter panels and HVAC units shall be screened from public streets and public open spaces to the height of the panel or equipment. Such screening by plantings will be sufficient to grow to the required height within 3 years. 3. Bildingmaterals shall consist of brick, stone veneer, wood, glass and vinyl and finished to the same degree on all four sides. Manufactured materials are permitted as long as they are natural in appearance. 4. Each building in Sub-Area 2 shall have not less than 2 dwelling units and not more than 8 dwelling units. 5. The front doors of all buildings in Sub-Area 2 along Shannon Road and along the north-south public street in Sub-Area 1 will have front doors facing that street. Front doors of all other dwelling units in Sub-Area 2 shall face a private street, except that front doors of end units may be on the side of the building if they are near the front of the building. 6. Buildings in Sub-Area 2 shall be of an architectural style consistent with the architectural style portrayed in the rendering signed by Jill S. Tangeman, dated January 31, 2006 and marked as Exhibit D. 7. All garages shall be located at the rear of the buildings for which they provide parking, substantially as shown on Site Plan C. Garages may be removed from buildings in Sub-Area 2, provided that they are replaced with similarly located head-in parking. Garages may be added to buildings in Sub-Area 2, provided that they are located generally where the head-in parking for those buildings is located.

E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments. 1. All outdoor lighting shall be cut-off fixtures (down lighting), except decorative and pedestrian lighting. 2. Parking lot lighting shall be no higher than 14 feet. 3. Dumpsters shall be screened on three sides by a solid fence, wall, building and/or evergreens to a minimum height of 6 feet with a gate on the fourth side, unless the dumpster is screened on all four sides by building(s). If evergreens are used, they shall have a minimum opacity of 85%. 4. The developer shall install a sidewalk or a bike path along the south side of Shannon Road adjacent to Sub-Area 2 prior to the time that it receives building permits for more than 300 dwelling units in Sub-Area 2. 5. All utility lines shall be underground.

F. Graphics and Signage commitments. 1. The graphic requirements of the AR-12 zoning classification shall apply to Sub-Area 2. Any variance shall go to the Graphics Commission.

G. Miscellaneous commitments. 1. The Site Plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed. Any slight adjustment to the Site Plans shall be reviewed and may be approved by the Director of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. Variations from the Plans are also permitted to change the building types in Sub-Area 2, provided that the replacement buildings conform to the requirements set forth in this Text. 2. The storm water detention/retention requirements for all and each part of Sub-Area 2 may be satisfied anywhere on Sub-Area 1 or Sub-Area 2, except that storm water detention/retention ponds in Reserve B may be located only in those areas generally designated on the Site Plans. 3. Subject to approval by the Division of Sewerage and Drainage, the developer will install a wetland shelf in each detention/retention pond in Reserve B in the area around the outlet drain from that pond. SUB-AREA 3 - CPD

Columbus City Bulletin (Publish Date 07/29/06) 66 of 408 2. PERMITTED USES: Those uses permitted in Chapter 3355 of the Columbus City Code, except the following uses: automotive sales, service and repair production of adult materials or adult entertainment billboards book bindery bus or truck terminal dance hall ice house plumbing shop poultry killing (killing or dressing for sale at retail on the premises) skating rink stable tinsmith

3. DEVELOPMENT STANDARDS: Unless otherwise specified in the following Development Standards, the Development Standards shall be as specified in the Columbus City Code as applicable to the C-4, Commercial District. A. Density, Height, Lot and/or Setback commitments. 1. Sub-Area 3 shall be classified in the 35 foot height district (H-35). 2. The building setbacks shall be as shown on Site Plan E. 3. The parking setbacks shall be as shown on Site Plan E. B. Access, Loading, Parking and/or other Traffic related commitments. 1. All parking shall be in front of the building along Coble Bowman Way as shown on Site Plan E. Twenty-three parking spaces shall be provided as shown on Site Plan E. C. Buffering, Landscaping, Open space and/or Screening commitments. 1. Headlight screening (which may be mounding, fencing, walls, evergreens or any combination of the foregoing) shall be installed between the parking lot and Coble Bowmay Way and on the north and south sides of the parking lot to a minimum height of 36 inches. If evergreens are used, they shall (a) be selected for year-round dense foliage adequate to screen headlight glare, (b) have a minimum opacity of 85%, (c) be selected to achieve the required height and density within 3 years of planting and (d) be matured to a minimum height of 24 inches at time of planting. 2. The landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like materials within six months or the next available planting season, whichever occurs first. 3. Minimum size of deciduous trees at installation shall be 2½ inch caliper for deciduous, 5 feet in height for evergreen, and 1½ inch caliper for ornamental. For this purpose, tree caliper will be measured 6" above grade level. All street trees will be species on the City Forester's list of approved street tree species. D. Building design and/or Interior-Exterior treatment commitments. 1. The building design shall be as set forth on the architectural elevations entitled "Recreational Center" signed and dated 1/31/06 by Jill S. Tangeman and marked as Exhibit E. Construction of said building shall be commenced on or before the sixtieth (60th) day after the date on which the ordinance enacting this Text becomes effective. 2. All roof mounted mechanical equipment shall be screened from view to the height of the equipment. The design and materials of mechanical enclosures shall be architecturally integrated with the roof top and the balance of the entire building. 3. All ground mounted mechanical equipment shall be screened from view to the height of the equipment. 4. Building materials shall consist of a mixture of brick, stone, stucco, stone veneer, wood and glass and vinyl siding. Vinyl or other manufactured materials will be natural in appearance. 5. Sloped or pitched roofs are required. E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments. 1. All external outdoor lighting shall be cut-off fixtures (down lighting) and shall be designed and

Columbus City Bulletin (Publish Date 07/29/06) 67 of 408 placed to prevent spillage of light off the site and to prevent glare visible from the property lines. 2. Except for decorative and pedestrian lighting, all other light poles shall be metal and such light poles shall be of the same color. Light poles in the parking lots shall not exceed 14 feet in height. 3. Wiring within the subject site shall be underground, unless a utility company providing service through or over the property prohibits under ground installation. 4. Dumpsters shall be screened on three sides with a fence, wall or evergreens to a height of six feet with a gate on the fourth side. If evergreens are used, they shall have a minimum opacity of 85%. 5. All utility lines shall be underground. F. Graphics and Signage commitments. 1. All signage shall conform to Chapters 3375 through 3383 of the Columbus City Code as they apply to the C-4 Commercial Districts. Any variances to the sign requirements shall be submitted to the Columbus Graphics Commission. G. Miscellaneous Commitments. 1. CPD Criteria: NATURAL ENVIRONMENT The site is undeveloped and drains to the south. EXISTING LAND USES To the south and west, proposed single family; to the east, proposed multi-family; and to the north, undeveloped property zoned CPD. TRANSPORTATION AND CIRCULATION The site will have access to Shannon Road only by adjacent streets in Sub-Area 1. Street connections will be provided from the subject property to adjacent properties as described in this Text. VISUAL FORM OF THE ENVIRONMENT Development standards are contained within this Text. VIEW AND VISIBILITY In the development of the subject property and in the location of the buildings and access points, consideration has been given to the visibility and safety of the motorists and pedestrians. PROPOSED DEVELOPMENT Uses permitted in the C-4 district (except the uses excluded in Section 2 for Sub-Area 3), which will serve the proposed mixed use development which will surround this site and other development in the area. EMISSIONS No adverse affect from the emissions will result from the proposed development. BEHAVIOR PATTERNS The proposed uses would serve the proposed mixed use developments which will surround the site. 2. The storm water detention/retention requirements for Sub-Area 3 may be satisfied anywhere on Sub-Area 1, Sub-Area 2 or Sub-Area 3, except that storm water detention/retention ponds may not be located in Reserves B-1 or B-5. 3. The Site Plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed. Any slight adjustment to the Site Plans shall be reviewed and may be approved by the Director of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. Variations from the Plans are also permitted to change the building types in Sub-Area 3, provided that the replacement buildings conform to the requirements set forth in this Text. H. Variances. The foregoing development standards for Sub-Area 3 effect the following variances; provided, however, that the foregoing development standards shall control over the listing of variances below, and the failure to describe below any of the variances effected by the foregoing development standards shall not invalidate those standards: 1. Variance from Section 3342.18 to reduce the parking setback along Coble Bowman Way from 10' to 0'. 2. Variance from Section 3342.17 to reduce the height of parking screening from 5' to 3'. 3. Variance from Section 3342.09 to reduce the opacity of dumpster screening from 100% to 85%.

Columbus City Bulletin (Publish Date 07/29/06) 68 of 408 TRAFFIC IMPROVEMENTS WHICH APPLY TO ALL OF THE SUB-AREAS: I. The developer of the subject property will dedicate the right of way (60 feet wide) for the relocation of Shannon Road, substantially as that relocation is shown on the Site Plans, provided that such developer will not be required to dedicate any part of that right of way that is not part of the subject property.

II. The developer of the subject property will dedicate right of way for Shannon Road 30 feet south from centerline from the east end of the said relocation of Shannon Road to the east side of the subject property.

III. The developer of the subject property will pay, or cause to be paid, one-half of the costs of the design and construction of the said relocation of Shannon Road.

IV. The developer of the subject property will construct, or cause to be constructed, a westbound left turn lane in Shannon Road at the easterly entrance to the subject property. It is the intent of this requirement that developer will be responsible for only the additional construction necessary to complete that left turn lane after the construction of the eastbound left turn lane at that intersection and its related taper east of that intersection. V. The requirements of items I - IV above must be satisfied concurrently with the initial development on the subject property or at such later time as the Division of Traffic Engineering and Parking may approve to coordinate such obligations with the obligations of others to make improvements to Shannon Road. Notwithstanding the foregoing, to the extent that the provisions of items I-IV above have been satisfied prior to the effective date of the ordinance enacting this Text, further satisfaction of those satisfied provisions shall not be required. SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same break2 4. The two east-west streets through Sub-Area 2 which connect to the property to the east of Sub-Area 2 will be constructed to the same standards (base and pavement specifications, paved width, curbs and gutters, sidewalks, street trees and street lighting) as the typical streets in Sub-Area 1, except that a sidewalk will not be required on the south side of the southerly of those two streets and street trees will not be required where that street crosses the buffer along Coble-Bowman Ditch. 5. A system of interconnected concrete sidewalks four feet wide shall be installed in front of all buildings substantially as shown on the Site Plan C. Between those sidewalks and the adjacent private streets, street lights and a tree lawn shall be installed with street trees planted on 30 foot centers except where that spacing is interrupted by private streets, drives or lanes. Those street lights shall conform with the standards for street lights #1, 2, 3, 4 and 5 contained in the Columbus Street Lighting Standards Master Plan Project 2020 Lighting Columbus. Ornamental trees shall be planted at an average of one tree for every forty feet of frontage along some of the private streets, substantially as shown on the Site Plan C. All private streets will have curbs on both sides.

Legislation Number: 1091-2006

Drafting Date: 06/07/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: This legislation authorizes the Director of the Department of Technology to establish a contract with LBL Technology Partners. The Department of Technology (DoT) seeks services to assist in developing a Disaster Recovery/ Continuity of Government (CoG) Plan. This effort is necessary to effectively mitigate the risk of service interruption to a part or all of the City's Main Computer Center. DoT followed the guidelines of City Code Chapter 329.14, awarding professional service contracts through the requests for proposals (RFP). The RFP was prepared and posted on the City's solicitation web site and was mailed to potential offerors. They were also mailed to those who responded to the solicitation notice. A total of twenty-six (26) proposals were mailed. Three (3) certified emerging MBE businesses were among the twenty-six (26) mailings. The evaluation committee consisted of five (5) voting members. The members represented City Departments of Public Safety, EBOCO,

Columbus City Bulletin (Publish Date 07/29/06) 69 of 408 Public Utilities, and Technology.

Four (4) offers were received:

Unisys Corporation DPS Management Consultants LBL Technology Partners Sungard Availability Services

Calls were made to the references and the results conveyed to the evaluation team. Interviews were held with the top three (3) offerors. A final vote, using the original evaluation criteria, was taken with LBL Technology Partners scoring the highest. LBL Technology Partners has exhibited an understanding of the needs of DoT and the City of Columbus. They have provided many references and examples of past success in large city, county and state projects. There are no sub-contractors proposed for this contract. Funds for this project were budgeted and are available within the Information Services Capital Improvement Fund. EMERGENCY: There is an immediate need to establish a contract with LBL Technology Partners to enable the immediate development of the Disaster Recovery /Continuity of Government plan. FISCAL IMPACT: There have been no previous costs for this type of contract. There is sufficient budget authority available in the 2006 Information Services Capital Improvement Fund. CONTRACT COMPLIANCE NUMBER:

410721734 -- Expiration: 6/26/2007 Luire Besikof Lapidus & Company, LLP

Title To authorize the Director of the Department of Technology to establish a contract with LBL Technology Partners for Disaster Recovery /Continuity of Government planning for the Department of Technology; to authorize the expenditure of $140,000.00 from the Information Services Capital Improvement Fund for this purpose; and to declare an emergency. ($140,000.00)

Body WHEREAS, the Department of Technology seeks services to assist in developing a Disaster Recovery/ Continuity of Government (CoG) Plan; and

WHEREAS, this legislation will authorize the Director of the Department of Technology to establish a contract for said services; and

WHEREAS, there is sufficient budget authority available in the 2006 Information Services Capital Improvement Fund; and WHEREAS, an emergency exits in the usual daily operation of the Department of Technology in that it is immediately necessary to establish a contract with LBL Technology Partners for services to assist in developing a Disaster Recovery/ Continuity of Government (CoG) Plan essential to support daily operations of all City agencies, thereby protecting the public health, peace, property, safety and welfare; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Director of the Department of Technology be and is hereby authorized to establish a contract for developing a Disaster Recovery/ Continuity of Government (CoG) Plan with LBL Technology Partners.

SECTION 2. That the expenditure of $140,000.00 or so much thereof as may be necessary is hereby authorized to be expended from:

Columbus City Bulletin (Publish Date 07/29/06) 70 of 408 Div.: 47-02| Fund: 514| Subfund: 002| Project Number: 470037| Project Name: Disaster Recovery| OCA: 470037| Obj. Level 1: 06| Obj. Level 3: 6655| Amount: $140,000.00.

SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1100-2006

Drafting Date: 06/08/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation1. BACKGROUND: This legislation authorizes the Director of Public Utilities to execute a planned contract modification to the Sewer System Engineering Section's Construction Administration and Inspection Services Agreement with R. D. Zande & Associates, Inc. This modification will increase the funding of the contract services by an additional $565,737.71 for construction administration services for 6 sanitary sewer system projects that are currently being awarded or will be shortly. These projects typically involve the replacement and or rehabilitation of sanitary and combined sewer infrastructure. This is one of two construction administration and inspection services contracts for which the Division of Sewerage and Drainage will submit planned contract modification requests to Council for 2006 construction projects as they are funded through Ohio Water Pollution Control Loan Fund; or voted sanitary bond funds.

2. CONTRACT MODIFICATION INFORMATION: This contract was originally procured to provide construction administration and inspection services for sanitary and combined sewer projects during the fiscal years of 2005-2007. In so much as the Division of Sewerage and Drainage funds a large portion of its construction contracts with the loans from the Ohio Water Pollution Control Loan Fund, it is necessary for the Division to modify the subject contract incrementally, through planned contract modifications as said funding becomes available.

The Division has determined that it is appropriate to augment city personnel by utilizing these contracted services on a routine basis. The cost of these services is consistent with those provided for under the existing agreement.

3. FISCAL IMPACT: Five of the projects for which services are being procured for under this modfication have received OWPCLF financial assistance. $50,000.00 has been established within the Voted Sanitary Bond Fund for purposes of funding miscellaneous, small scale and emergency capital improvement projects that arise from time to time through the fiscal year.

TitleTo authorize the Director of Public Utilities to enter into a planned modification of the construction administration and inspection services agreement with R. D. Zande & Associates, Inc. in the amount of $565,737.71, to authorize the appropriation and expenditure of $515,737.71 from the Ohio Water Pollution Control Loan Fund; and the transfer and expenditure of $50,000.00 from within the Voted Sanitary Bond Fund; to amend the 2006 Capital Improvements Budget; for the Division of Sewerage and Drainage. ($565,737.71)

Columbus City Bulletin (Publish Date 07/29/06) 71 of 408 be in the best interest of the City to establish contracts with qualified central Ohio firms for purposes of providing additional construction administration and inspection services that are required to effectively replace, rehabilitation or expand existing sanitary and combined sewer infrastructure under both emergency and expedited circumstances; and

WHEREAS, City Auditor Contract No. EL006018, was executed April 24, 2006, as authorized by Ordinance No. 0238-2006, as passed by City Council on February 27, 2006, and approved by the City Attorney on April 28, 2006 for purposes of establishing a Construction Administration and Inspection Services Agreement with R. D. Zande & Associates, Inc.; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That $515,737.71 is hereby appropriated for the following project accounts as follows within the Ohio Water Pollution Control Loan Fund No. 666| Division 60-05| Object Level Three No. 6676| Object Level 3 No. 6676: Proj. No.: 650650| Atwood Terrace/Lenore | OCA 666650| $61,293.29 Proj. No.: 650651| Atwood Terrace/Northridge| OCA 666651| $79,668.62 Proj. No.: 650656| Weldon Ave. San. Relief| OCA 666656| $68,708.80 Proj. No.: 650657| Lenore Ave/Huy Rd.| OCA 666657| $107,283.90 Proj. No.: 650670| Beechwold/Foster Area Imp.| OCA Code 666670| $198,783.10

Section 2. That the City Auditor be and hereby is authorized and directed to transfer a total of $50,000.00 from within the Voted Sanitary Bond Fund No. 664, Department 60-05, Obj. Level Three 6676, as follows:

From: Proj.: 650348| OCA Code 654348| WWTF Instrum. & Control Proj.| $50,000.00

To: Proj.: 650100| OCA Code 650100| Sanitary Sewer Contingency| $50,000.00

Section 3. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 4. That the Director of Public Utilities be, and hereby is, authorized to modify Contract No. EL006018 with R. D. Zande & Associates, Inc., 1500 Lake Shore Drive, Suite 100, 43204, in order to provide additional construction administration and inspection services to the Sewer System Engineering Section of the Division of Sewerage and Drainage, in accordance with the terms and conditions as shown in the contract modification on file in the office of the Division of Sewerage and Drainage.

Section 5. That for the purpose of paying the cost of the aforementioned professional engineering contract modification, the expenditure of $565,737.71, is hereby is authorized within Division 60-05, as follows:

Fund 664| Proj. 650100| Sanitary Sewer Conting.| OCA 650100| OL3: 6676| $50,000.00 Fund 666| Proj. 650650| Atwood Terrace/Lenore| OCA 666650| OL3: 6676| $61,293.29 Fund 666| Proj. 650651| Atwood Terrace/Northridge| OCA 666651| OL3: 6676| $79,668.62 Fund 666| Proj. 650656| Weldon Ave. San. Relief| OCA 666656| OL3: 6676| $68,708.80 Fund 666| Proj. 650657| Lenore Ave./Huy Rd. San.| OCA 666657| OL3: 6676| $107,283.90 Fund 666| Proj. 650670| Beechwold/Foster Area| OCA 666670| OL3: 6676| $198,783.10

Section 6. That the 2006 Capital Improvements Budget Ordinance No. 1108-2006, is hereby amended as follows, in order to provide sufficient budget authority for the execution of the subject construction administration and inspection contract modification agreement:

CURRENT:

Columbus City Bulletin (Publish Date 07/29/06) 72 of 408 Proj. 650650| Atwood Terrace/Lenore Relief Sewer| $0.00 (OWPCLF) Proj. 650651| Atwood Terrace/Northridge Relief Sewer| $0.00 (OWPCLF) Proj. 650656| Weldon Ave. San. Relief Sewer| $0.00 (OWPCLF) Proj. 650657| Loretta Ave./Huy Rd. San. Relief Sewer| $0.00 (OWPCLF)

AMENDED TO: Proj. 650650| Atwood Terrace/Lenore Relief Sewer| $61,293.29 (OWPCLF) Proj. 650651| Atwood Terrace/Northridge Relief Sewer| $79,668.62 (OWPCLF) Proj. 650656| Weldon Ave. San. Relief Sewer| $68,708.80 (OWPCLF) Proj. 650657| Loretta Ave./Huy Rd. San. Relief Sewer| $107,283.90 (OWPCLF)

Section 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1110-2006

Drafting Date: 06/09/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: To authorize and direct the Finance & Management Director to issue blanket purchase orders in the amount of $600,000.00 for various automotive equipment parts, supplies, and services for the Fleet Management Division without the use of formal competitive bidding. Given the diversity of the City's fleet, and the complexity of today's vehicles, it is not possible to anticipate all parts and service requirements. Because of these circumstances, the City must procure automotive equipment, parts, supplies, and services that are not available from City-wide universal term contracts (UTC). To ensure the best possible prices, the Fleet Management Division solicits quotes by phone, in writing, and on the internet.

Fiscal Impact: The Fleet Management Division 2006 operating budget contains $7 million for the purchase of automotive parts and services. This ordinance authorizes an expenditure of $600,000.00. Expenditures for similar non-contract items in 2005 were $855,000.00 and $1,062,000.00 in 2004. Ordinance 0199-2006 was passed by Council on April 3, 2006, in the amount of $550,000 and also waived competitive bidding.

Emergency action is requested to ensure an uninterrupted supply of parts and services with which to maintain the City's fleet.

Title To authorize and direct the Finance & Management Director to issue blanket purchase orders for various automotive equipment parts, supplies, and services for the Fleet Management Division, to authorize the expenditure of $600,000.00 from the Fleet Management Services Fund, to waive the competitive bidding requirements of the Columbus City Codes, and to declare an emergency. ($600,000.00)

Body WHEREAS, the Fleet Management Division has a need to procure various automotive parts, supplies, and services, and

WHEREAS, the purchase of various automotive parts, supplies, and services cannot reasonably be anticipated for all the various vehicles and motorized equipment maintained by the Fleet Management Division, and

WHEREAS, it is in the best interest of the City of Columbus to waive formal competitive bidding requirements for the purchase of various automotive equipment parts, supplies, and services, and

WHEREAS, informal bids are taken whenever practical, and

WHEREAS, an emergency exists in the usual daily operation of the Fleet Management Division, Public Service

Columbus City Bulletin (Publish Date 07/29/06) 73 of 408 Department, in that it is immediately necessary to arrange for the purchase of various automotive equipment parts, supplies, and services thereby preserving the public health, peace, property, safety, and welfare, now, in which the emergency is set forth and defined in a preamble thereto, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Finance and Management Director be and hereby is authorized and directed to establish blanket purchase orders for automotive equipment parts, supplies, and services without benefit of formal competitive bidding provided the Fleet Management Division Administrator first authorizes the purchase via the issuance of Fleet Management purchase orders and that the blanket purchase orders are certified from the Auditor's Certificate established by this ordinance.

Section 2. That the vendors and amounts for automotive equipment parts and supplies will be certified from the Auditor's Certificate as follows:

VENDOR CC# EXPIRES OBJECT LEVEL THREE CODE

Ace Truck Body 310936828 11/11/06 2284 A.D. Farrow Co, LLC 320045982 7/21/07 2284 BEI Columbus 200936732 07/15/08 2284 Bobby Layman 310839082 03/10/07 2284 Boise Mobile 820434609 11/07/06 2284 Buckeye Power Sales 314365080 02/03/07 2284 Cantwell Machinery 314356245 10/09/06 2284 Car Quest of Simplex 311475986 06/20/07 2284 Chemical Solvents 341083750 04/19/08 2284 Classic Solutions 310968164 03/12/07 2284 Consolidated Elect 952563864 03/01/07 2284 Contract Sweepers 310780604 05/26/07 2284 Columbus Equipment 314390542 03/01/07 2284 Columbus Fasteners 311187503 12/28/07 2284 D & L Equipment 383156967 11/20/06 2284 Delta Marine 310834246 05/11/08 2284 Driveline 1 Inc 311353823 11/10/06 2284 FYDA Freightliner 310789102 10/31/06 2284 Goodale Auto-Truck 314414487 01/27/07 2284 Graham Ford 340901877 05/18/07 2284 Grainger 361150280 06/09/07 2284 Horton Emergency 352018529 05/11/08 2284 Keys Plus 301421108 02/02/07 2284 Kimball Midwest 314408759 04/02/07 2284 Lauren Ind. (Equiver) 311471800 03/30/07 2284 Lorenz Industries 314417754 01/22/06 2284 Machinery & Tool Rentals 314415854 05/23/07 2284 Mclean Co. 340762688 06/14/08 2284 Motrim 310670971 05/24/07 2284 Northwest Mfg. & Dist. 810378492 05/08/07 2284 Obie Oil 311274474 05/14/07 2284 Ohio Cat 340672363 06/05/06 2284 Ohio Trailer Supply 310972939 09/02/07 2284 Pengwyn 311201883 01/12/06 2284 Powerscreen 621227239 05/23/07 2284 Principal Truck 341658635 05/16/07 2284

Columbus City Bulletin (Publish Date 07/29/06) 74 of 408 R & R 860258505 02/02/07 2284 Reco Equipment 311055941 08/17/07 2284 Redneck Trailer Supply 431164951 07/18/07 2284 Relco Sales Co 341860211 01/27/07 2284 Rim & Wheel 311146717 02/19/07 2284 Tech Source 270528341 09/25/06 2284 Triad Fire 311295929 01/06/07 2284 Utility Truck Equipment 310989420 02/13/07 2284 Vermeer Auto Parts 310850473 07/01/07 2284 Vermeer of Southern Oh 363116243 06/05/07 2284 Valley National 550460738 09/02/06 2284 Worldwide Equipment 610871032 02/22/07 2284 Xenia Power Equipment 311175853 04/18/07 2284

Section 3. That the vendors and amounts for automotive services will be certified from the Auditor's Certificate as follows:

VENDOR CC# EXPIRES OBJECT LEVEL THREE CODE Ace Truck Body 310936828 11/11/06 3373 Affordable Choice 311461454 03/29/07 3373 American Automatic 310994510 01/31/07 3373 American Lafrance 232708813 10/15/06 3373 Blackburn's Fabrication 311446789 01/18/07 3373 Byers Chevrolet 314139860 01/12/08 3373 Capitol City Cylinder 311160791 01/15/08 3373 Center City International 311048371 09/12/07 3373 CH Bradshaw 310989631 02/16/07 3373 Esec Corporation 341285858 09/17/06 3373 Flora's Diesel 311202449 02/12/07 3373 Graham Ford 340901877 05/18/07 3373 Hydro Supply 311065617 02/15/07 3373 Jones Truck 310934536 10/02/06 3373 Kaman Industrial 060914701 01/11/08 3373 McNeilus Truck 411314526 05/14/07 3373 Nobles Inc 310787367 02/14/07 3373 Ohio Cat 340672363 06/05/07 3373 Ohio Trailer 310972939 06/12/07 3373 Refuel Environmental 351852944 05/07/07 3373 Ron Otto Ent (PAC) 311286955 01/12/07 3373 Rusty's Towing 311274409 09/01/08 3373 Schodorf 314416487 06/17/08 3373 Southeastern Equip 341503254 09/23/07 3373 Sutphen Corp 310671786 10/07/07 3373 Taliaferro 311073146 06/10/07 3373 Wilsons Auto 310668047 01/19/08 3373

Section 4. That in accordance with Section 329.27 of the Columbus City Codes, the Columbus City Council finds it in the best interest of the City of Columbus to waive formal competitive bidding requirements as they pertain to the action authorized in Section 1 of this ordinance and that Sections 329.06 and 329.07 of the Columbus City Codes are hereby waived.

Section 5. That the expenditure of $600,000.00, or so much thereof as may be needed, is hereby authorized and directed

Columbus City Bulletin (Publish Date 07/29/06) 75 of 408 to be expended from the Fleet Management Services Fund 513, Department No. 59-05, OCA Code 591347, Object Level One 02 and Object Level One 03 as follows, to pay the cost thereof:

Object Level Three Code Amount 2284 $ 300,000.00

Object Level One 02 Total

3373 $ 300,000.00

Object Level One 03 Total

Section 6. That for the reasons set forth in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1116-2006

Drafting Date: 06/09/2006 Current Status: Passed

Version: 2 Matter Type: Ordinance

ExplanationThe Mid-Ohio Regional Planning Commission (MORPC) will be accepting Transportation Improvement Program (TIP) applications through July 31, 2006. This is an opportunity for the City to secure outside funding for various roadway improvement projects. MORPC has up to $64.2 million to distribute to all applicants from 2008 through 2015. The current round of applications will be establishing the 2008-2011 TIP, as well as its long-range project listing for 2012 through 2015. The Transportation Improvement Program is composed of these component sub-programs: The Surface Transportation Program (STP); the Transportation Enhancement Program (TEP) and the Congestion Mitigation/Air Quality Program (CM/AQ). MORPC requires that a designated official be authorized to submit said applications and execute project agreements for approved projects. In addition to funding applications for projects not previously submitted, under its new rules MORPC requests the City "reauthorize" projects submitted prior to 2006 to reaffirm the City's continuing commitment to those projects.

This ordinance authorizes the Public Service Director to submit applications and to execute project agreements for approved projects. Specific projects for which applications will likely be submitted are listed within the body of this ordinance.

Fiscal Impact: The TIP can fund up to eighty percent (80%) of total right-of-way and construction expenses. Preliminary engineering and design expenses are not eligible for funding. No financial participation is required at this time. City funds will be expended within design and/or construction contracts that will be submitted in advance to City Council for approval.

Emergency action is requested to meet MORPC's July 31, 2006, application submittal deadline.

TitleTo authorize the Public Service Director to submit Federal Attributable Funds roadway improvement project applications to the Mid-Ohio Regional Planning Commission for consideration for funding within the Transportation Improvement Program; to authorize the Public Service Director to execute project agreements for approved projects for the Transportation Division and to declare an emergency. ($-0-)

BodyWHEREAS, the Mid-Ohio Regional Planning Commission (MORPC) will be accepting Transportation

Columbus City Bulletin (Publish Date 07/29/06) 76 of 408 Improvement Program (TIP) applications through July 31, 2006; and

WHEREAS, this is an opportunity for the City to secure outside funding for various roadway improvement projects; and

WHEREAS, MORPC requires that a designated official be authorized to submit said applications and execute project agreements for approved projects; and

WHEREAS, MORPC requests that the City "reauthorize" projects submitted prior to 20042006 to reaffirm the City's continuing commitment; and

WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to authorize the submission of these roadway improvement project applications in order to meet MORPC's July 31, 2006, application submittal deadline, thereby preserving the public health, peace, property, safety and welfare; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Public Service Director be and hereby is authorized to submit roadway improvement project applications to the Mid-Ohio Regional Planning Commission for consideration for funding within the Transportation Improvement Program and/or its component sub-programs, the Surface Transportation Program (STP); the Transportation Enhancement Program (TEP) and the Congestion Mitigation/Air Quality Program (CM/AQ) and that City Council hereby endorses applications for the following projects (ordinance numbers, where indicated, refer to the original and/or subsequent authorization actions by City Council):

Projects currently on the TIP that require an "update" application:

· Alum Creek Drive Phase II (Williams Road to Refugee Road). Construction in 2010. Total project cost estimate $22,946,442 (STP request = $17,156,000 (Ordinance 1882-1994)

· Hilliard Rome Road (I-70 to Roberts Road). Construction in 2009. Total project cost estimate = $10,963,000, (STP request = $8,700,000) (Ordinances 1249-1994, 1244-1998)

· Columbus Signals Project Phase 11. Construction in 2009. Total project cost estimate = $5,653,000, (CMAQ request = $4,924,318)

· Columbus Signals Project Phase 12. Construction in 2011. Total project cost estimate = $5,951,220, (CMAQ request = $5,115,660)

· Columbus Signals Project Phase 13. Construction in 2007. Total project cost estimate = $5,612,000, (CMAQ request = $4,554,000)

· Columbus Signals Project Phase 14. Construction in 2013. Total project cost estimate = $8,228,000, (CMAQ request = $7,084,000)

· Hard Road Phase A (Sawmill to Smoky Row). Construction in 2014. Total project cost estimate = $5,940,000, (STP request = $4,752,000) (Ordinance 1021-1992)

· Paving the Way (2006 - Beyond 2009) - Paving The Way Program 2008-2011, Total project cost estimate = $875,000 (STP+ request = $700,000) 2012-2013, Total project cost estimate = $450,000 (STP+ request = $360,000)

Projects currently on the TIP that require a complete application:

· Alum Creek Drive Phase I (US 33 to Refugee Road). Construction in 2014. Total project cost

Columbus City Bulletin (Publish Date 07/29/06) 77 of 408 estimate $22,946,442 (STP request = $17,156,000 (Ordinance 1882-1994)

Potential new projects that require a complete application:

· Britton Parkway (Tuttle Crossing Boulevard to South Corporation Limit). Construction possible in 2008. Project estimated at $5,000,000

· Gender Road (US33 to Shannon Road). Construction beyond 2012. Project estimated at $10,000,000

· Gender Road (Shannon Road to Chantry Drive). Construction beyond 2012. Project estimated at $10,000,000

· Hamilton Road (I-70 to I-270). Construction beyond 2012. Project estimated at $10,000,000

· Norton Road (Hall Road to Alkire Road). Construction beyond 2012. Project estimated at $10,000,000

· Sunbury Road (I-270 to SR 161). Construction estimated in 2010. Project estimated at $5,000,000

· Downtown Wayfinding Signage (area within the innerbelt freeway). Construction estimated 2007 - 2008. Project estimated at $488,240

· Streetcar Project (Downtown and surrounding neighborhoods). Construction will be based upon a study to be completed in fall, 2006 which will ultimately give us direction on the feasibility of a streetcar system and potential funding sources. Project estimated between $60,000,000 and $100,000,000.

SECTION 2. That project additions and substitutions are at the discretion of the Public Service Director based upon the feasibility of the applications being approved through the scoring process.

SECTION 3. That the Public Service Director be and hereby is authorized to execute project agreements for approved projects.

SECTION 4. That in regard to any/all projects for which funding is approved within the context of this application process, the City will assume and bear one hundred percent (100%) of the cost of construction within its corporate limits minus the portion eligible for federal and state participation and provide maintenance to the improvements in accordance with the provisions of the statutes relating thereto and will make ample financial and other provisions for such maintenance.

SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1117-2006

Drafting Date: 06/09/2006 Current Status: Passed

Columbus City Bulletin (Publish Date 07/29/06) 78 of 408 Version: 1 Matter Type: Ordinance

ExplanationThe Mid-Ohio Regional Planning Commission (MORPC) is accepting Ohio Public Works Commission (OPWC) Round 21 applications for the Local Transportation Improvement Program (LTIP) and State Capital Improvement Program through September 11, 2006. OPWC requires that a designated official be authorized to submit said applications and execute project agreements for approved projects. MORPC serves in a staff support capacity to the District Three (Franklin County) Public Works Integrating Committee.

This legislation will authorize the Public Service Director to submit applications and to execute project agreements for approved projects.

Fiscal Impact: Approval of this legislation will provide an opportunity to secure funds for various projects. The approximate available funding to the District Three Public Works Integrating Committee is $18.315 million. Funds for the City's share of these programs are included in the 2006 to 2011 Capital Improvement Plan. No financial participation is required at this time. City funds will be approved in the form of design contracts and/or construction contracts that will be submitted for Council's approval. Some of the applications may include a request for a no interest loan.

Emergency action is requested to meet the September 11, 2006, project application submittal deadline.

TitleTo authorize the Public Service Director to submit applications for Round 21 of the Local Transportation Improvement Program and State Capital Improvement Program and to execute project agreement forms for approved projects for the Transportation Division on behalf of the City of Columbus. ($-0-)

BodyWHEREAS, the Ohio Public Works Commission requires that the City of Columbus designate and authorize officials to submit Round 21 applications and execute project agreements for Local Transportation Improvement and State Capital Improvement Programs; and

WHEREAS, application amounts are approximate depending upon OPWC scoring criteria; and

WHEREAS, approved applications will require execution within 45 days of notification by the Ohio Public Works Commission; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Public Service Director be and is hereby authorized to submit applications and execute project agreements with the Ohio Public Works Commission on behalf of the City of Columbus Transportation Division for the Local Transportation Improvement Program and State Capital Improvement Program projects as follows:

Henderson Road (SR 315 - High Street). This project consists of rebuilding the roadway to incorporate Americans with Disabilities Act (ADA) requirements, sidewalk, curb, driveway approaches, storm sewer and signals. The total project cost is $3,300,000; the City's application amount will be approximately $1,500,000.

High Street (Flint Road - County Line). This project consists of road widening and improvements. The total project cost estimate is $5,200,000; the City's application amount will be approximately $2,000,000.

Morse Road Phase 2 (Karl Road - Cleveland Avenue). This project consists of medians, sidewalks, signals upgraded to mast arms, bike lanes and landscaping improvements. The total project cost is $8,600,980; the City's application amount will be approximately $4,000,000.

Lockbourne Road. This project consists of widening to three lanes with curb and sidewalk. The total project cost is: $4,197,972; the City's application amount will be approximately $2,000,000.

SECTION 2. That project additions and substitutions are at the discretion of the Public Service Director based upon the feasibility of the applications being approved through the scoring process.

Columbus City Bulletin (Publish Date 07/29/06) 79 of 408 SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1118-2006

Drafting Date: 06/12/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: For the option to purchase Office Chairs for the Department of Public Utilities, the largest user Water Division, and for other City agencies as needed. The term of the proposal Universal Term Contract option contract would be approximately three years through December 31, 2009. The Purchasing Office opened formal bids on May 18, 2006.

The Purchasing Office advertised and solicited competitive bids in accordance with Section 329.06 (# SA 002000). Bids solicited: 123: (Majority: 108, Minority: 10, & Female: 5). Bids received: 8. (Majority: 6, Female: 2).

The Purchasing Office is recommending award of contracts to the lowest, responsive, responsible and best bidders as follows:

Bulldog Office Products, Inc., #251292273 thru 7/11/08 - Items No. 1A, 3A, 3B, 5A, 6A, 7A, and 18A.

King Business Interiors, #311624533 thru 12/19/06 - Items No. 2A, 2B, 11, 12A, 12B, 12C, 14A, 14B, 14C, 14D, 14E, 16A, 16B, 16C, 16D, 16E, 21A, 21B, 21C, 21D, and 21E.

OM Workspace , #820477390 thru 11/21/06 - Items No. 4A, 8A, 8B, 8C, 8D, 8E, 9A, 9C, 17A, 17C, 17D, 19, and 22 (fabric coating).

Continental Office, #314413238 thru 4/18/07 - Items No. 10A, 15A, 20A, 20B, 20C, 20D, 20E, and 22 (fabric coating).

No award made on Item No. 13.

Estimated annual expenditures is $63,000.

These companies are not debarred per the Federal Government Excluded Party Listing System. And are not listed with the Auditor of State for unresolved findings.

The following companies were deemed materially non-responsive as stated below:

On Item Nos. 1, 2, 10, 12, 15, 16, and 20 Workspace Ohio was deemed materially non-responsive as follows:

Item No. 1- a substitute was bid and the back was very different from the specified chair. The specified Stylex chair has been purchased in the past because of the support provided by the back angle. Item No. 2 - No arm was offered as specifi Title To authorize and direct the Finance & Management Director to enter into contracts for the option to purchase Office Chairs: Bulldog Office Products, Inc., King Business Interiors, OM Workspace, and Continental Office to authorize the expenditure of $4.00 to establish the contracts from the Universal Term Contracts Fund. ($4.00). Body WHEREAS, the Purchasing Office advertised and solicited formal bids on May 18, 2006, and selected the lowest, responsive, responsible and best bid; and

Columbus City Bulletin (Publish Date 07/29/06) 80 of 408 WHEREAS, this ordinance addresses Purchasing objective of 1) maximizing the use of City resources by obtaining optimal products/services at low prices and 2) encouraging economic development by improving access to City bid opportunities and 3) providing effective option contracts for City agencies to efficiently maintain their supply chain and service to the public; and

WHEREAS, it is necessary to enter into contracts for Office Chairs in order to establish a consistent, economical supply of products to maintain City facilities; and

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Finance and Management Director be and is hereby authorized and directed to enter into the following contracts for an UTC option to purchase Office Chairs in accordance with Solicitation No. SA 002000 as follows:

Bulldog Office Products, Inc., Items No. 1A, 3A, 3B, 5A, 6A, 7A, and 18A. Amount: $1.00.

King Business Interiors, Items No. 2A, 2B, 11, 12A, 12B, 12C, 14A, 14B, 14C, 14D, 14E, 16A, 16B, 16C, 16D, 16E, 21A, 21B, 21C, 21D, and 21E. Amount: $1.00.

OM Workspace, Items No. 4A, 8A, 8B, 8C, 8D, 8E, 9A, 9C, 17A, 17C, 17D, 19, and 22(fabric coating). Amount: $1.00.

Continental Office, Items No. 10A, 15A, 20A, 20B, 20C, 20D, 20E, and 22 (fabric coating). Amount: $1.00.

SECTION 2. That the expenditure of $ 4.00 is hereby authorized from Universal Term Contracts Fund, Organization Level 1: 45-50, Fund: 05-517, Object Level 3: 2270, OCA: 450020, to pay the cost thereof.

SECTION 3. This ordinance shall take effect and be in force from and after its passage or by the earliest period allowed by law.

Legislation Number: 1129-2006

Drafting Date: 06/13/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation The purpose of this legislation is to authorize the Director of Finance and Management to enter into contract with Resource One for the purchase of Laptop Computers for the Department of Public Utilities, Division of Operational Support.

The Division of Operational Support requested formal bids for the purchase of Laptop Computers that will be utilized by Department of Public Utilities personnel including division administrators and field representatives. The Purchasing Office opened formal bids on June 1, 2006 and twenty-six (26) bids were received. The specifications called for a 9 Pin Serial Port to be included on the laptop itself so that personnel can use the laptop at any location and utilize smart memory cards directly with their equipment. The following apparent low bidders did not meet this specification.

PO Express Inc, Gateway Companies, Howard Computers, Columbus Micro Systems. LDG Corporation

Columbus City Bulletin (Publish Date 07/29/06) 81 of 408 Furthermore, the specifications called for 16X DVD burner which no company offered. The latest technology is 8X which is acceptable to the Department of Public Utilities, Division of Operational Support.

The award of this contract is being offered to Resource One the lowest, responsive and responsible bidder. A tabulation of the bids is attached.

SUPPLIER: Resource One (31-1419297)

FISCAL IMPACT: $87,294.50 is need for this purchase

Title To authorize the Director of Finance and Management to establish a purchase order with Resource One for the purchase of Laptop Computers for the Division of Operational Support, and to authorize the expenditure of $36,663.69 from the Sewerage System Operating Fund, $7,856.51 from the Stormwater Operating Fund, $15,713.00 from the Electricity Operating Fund and $27,061.30 from the Water Operating Fund. ($87,294.50)

Body WHEREAS, the Division of Operational Support requested formal bids for the purchase of Laptop Computers that will be utilized by Department of Public Utilities personnel including division administrators and field representative, and

WHEREAS, the Purchasing Office opened formal bids on June 1, 2006 for the purchase of Laptop Computers, and

WHEREAS, The specifications called for a 9 Pin Serial Port to be included on the laptop itself so that personnel can use the laptop at any location and utilize smart memory cards directly with their equipment. The following apparent low bidders did not meet this section of the specifications: PO Express Inc, Gateway Companies, Howard Computers, and Columbus Micro Systems, and

WHEREAS, , the specifications called for 16X DVD burner which no company offered. The latest technology is 8X which is acceptable to the Department of Public Utilities, Division of Operational Support, and

WHEREAS, an award was made to the lowest, responsive and responsible bidder Resource One, and

WHEREAS, A purchase order will be issued in accordance with the terms and specifications of Solicitation Number: SA002008 on file in the Purchasing Office; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Finance and Management be and is hereby authorized to establish a purchase order with Resource One for the purchase of Laptop Computers for the Division of Operational Support, in accordance with specifications on file in the Purchasing Office.

Section 2. That the expenditure of $87,294.50 or so much thereof as may be needed, be and the same hereby is authorized as follows:

FUND 650, Sewer System Operating Fund

OCA: 600205 Object Level 1: 02 Object Level 3: 2193 Amount: $36,663.69

Columbus City Bulletin (Publish Date 07/29/06) 82 of 408 FUND675 Storm Water Operating Fund

OCA: 600215 Object Level 1: 02 Object Level 3: 2193 Amount: $7,856.51

FUND 550 Electricity Operating Fund

OCA: 600207 Object Level 1: 02 Object Level 3: 2193 Amount: $15,713.00

FUND 600 Water Operating Fund

OCA: 600209 Object Level 1: 02 Object Level 3: 2193 Amount: $27,061.30

TOTAL AMOUNT: $87,294.50

Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1131-2006

Drafting Date: 06/13/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The original contract for Hoover Reservoir Erosion Control - Improvement #35 provided for protection of some lands surrounding Hoover Reservoir from damage due to shoreline erosion caused by wave action and fluctuating levels in the reservoir. Unusually persistent high water levels in the reservoir throughout 2003 and 2004 necessitated that the work be suspended mid-project. In accordance with CMSC 104.02 this modification provides redress for the Contractor for the unknown physical conditions due to these high water conditions. This modification also includes a balancing of actual to estimated quantities, and a change of scope on the haul road restoration portion of the project, which resulted in a credit.

CC 329.16 CONTRACT MODIFICATIONS: 1. Amount of additional funds to be expended under this modification: $97,236.07. 2. The extent of additional services could not be initially foreseen due to unusually persistent high water levels encountered during construction. 3. The work under this contract modification is a continuation of work previously performed by the Contractor, therefore, no other processes were used for procurement of these services. 4. The cost of this modification is based on material and labor, and was negotiated between the Consultant and the City, as documented by the Consultant's quotation letter, and verified by the Project Engineer.

Columbus City Bulletin (Publish Date 07/29/06) 83 of 408 CONTRACT AMOUNT: Original contract amount $ 426,594.00 Modification No.1 $ 97,236.07 New contract amount $ 523,830.07

FISCAL IMPACT: The last authorization for expenditures for construction on this project occurred December 9, 2002 for the original contract in the amount of 426,594.00. Funds are being transferred to provide the additional funding.

CONTRACT COMPLIANCE NUMBER: 31-0889208

Title To authorize the Director of Public Utilities to modify the contract with The Righter Company, Inc., for the Hoover Reservoir Erosion Control - Improvement No. 35, for the Division of Water, to authorize the expenditure of $97,236.07 from the Waterworks Enlargement Voted 1991 Bonds Fund, to amend the 2006 C.I.B, and to authorize the City Auditor to transfer funds from within the Waterworks Enlargement Voted 1991 Bonds Fund. ($97,236.07)

Body WHEREAS: Contract No. EA025162 was authorized by Ordinance No. 1898-2002, passed December 9, 2002, was executed December 30, 2002 and approved by the City Attorney on January 7, 2003, and

WHEREAS: Upon commencing the Hoover Reservoir Erosion Control - Improvement No. 35 the work of contractor, The Righter Company, was interrupted due to persistent and unusual high water in the Reservoir, and

WHEREAS: This changed condition resulted in both additional costs incurred by the contractor associated with performing the prescribed work as well as an additional quantity of work necessary to properly complete the project, and

WHEREAS: The City of Columbus Ohio Construction and Materials Specifications provide the Contractor for redress in such instances, a contract modification is necessary to perform this additional unanticipated work, and

WHEREAS: It is necessary to modify Contract No. EA025162 to provide for Hoover Reservoir Erosion Control - Improvement No. 35, and

WHEREAS: This modification provides for an increase of $97,236.07 to this contract, and

WHEREAS: It is necessary to authorize the Director of Public Utilities to modify Contract No. EA025162, for Hoover Reservoir Erosion Control - Improvement No. 35, for the preservation of public health, peace, property and safety now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS

Section 1. The Director of Public Utilities be and is hereby authorized to modify Contract No. EA025162 with The Righter Company, Inc. in the amount of $97,236.07, for Hoover Reservoir Erosion Control - Improvement No. 35, for the Division of Water, Department of Public Utilities, Contract No. 1026, terms and conditions of which are on file in the office of the Division of Water.

Section 2. That for the purpose of paying the cost thereof, the expenditure of $97,236.07 is hereby authorized from the Waterworks Enlargement Voted 1991 Bonds Fund, Fund No. 606, Department of Public Utilities, Division of Water, Dept./Division No. 60-09, Object Level Three 6621, Project No. 690006, OCA Code 642900.

Section 3. The City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project; that the project has been completed and the monies are no longer required for said project except that no transfer shall be so made from a project account funded by monies from more than one source.

Columbus City Bulletin (Publish Date 07/29/06) 84 of 408 Section 4. The City Auditor is hereby authorized and directed to appropriate and transfer funds from within the Waterworks Enlargement Voted 1991 Bonds Fund, Fund No. 606, Department of Public Utilities, Division of Water, as follows:

FROM: 690370 Upground Reservoir $2,548.67 OCA Code 642900

FROM: 690479 Security Enhancements $94,687.40 OCA Code 606479

TO: 690006 Hoover Reservoir Erosion Control $97,236.07 OCA Code 642900

Section 5. That Section 1, Public Utilities/Water 60-09 of Ordinance 1108-2006 is hereby amended as follows:

PROJECT TOTAL NUMBER PROJECT NAME BUDGET

690006 Hoover Reservoir Erosion Control $497,237*(1)*

690370 Upground Reservoir $2,549*(2)*

690479 Security Enhancements $94,688*(3)*

2006 Original Budget 2006 Amended Budget Comments

*(1)* $400,000 $497,237 Authority Increased

*(2)* $5,002,549 $5,000,000 Authority Reduced

*(3)* $2,130,436 $2,034,748 Authority Reduced

Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1133-2006

Drafting Date: 06/14/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Weinland Park Neighborhood Plan was developed to guide future public and private investments and programs for the planning area bounded roughly by Chittenden Avenue on the north, the CSX railroad adjacent to Interstate 71 on the east, East Fifth Avenue on the south, and North High Street on the west. The plan offers guidance on housing; land use, development, and redevelopment; economic and workforce development; public safety; public infrastructure; human and social services; and community involvement. The Plan will be used as a principal reference

Columbus City Bulletin (Publish Date 07/29/06) 85 of 408 document by city divisions and departments, developers, community representatives, Columbus Development Commission, and Columbus City Council when making decisions concerning the planning area.

Planning Division staff members and a consultant team worked with a Working Committee and five subcommittees consisting of area stakeholders to identify, analyze, and address specific issues impacting the planning area currently and in the future.

An ambitious community involvement process was an integral part of the planning process and included two neighborhood planning workshops, displays and discussions at other community events, and a public hearing sponsored by the University Area Commission, which endorsed the plan on May 17, 2006. Additionally, the Development Commission endorsed the Plan on June 22, 2006.

FISCAL IMPACT: No funding is required for this legislation.

Title To adopt the Weinland Park Neighborhood Plan as a guide for future improvements, investments and actions within the area bounded roughly by Chittenden Avenue on the north, the CSX railroad adjacent to Interstate 71 on the east, East Fifth Avenue on the south, and North High Street on the west.

Body WHEREAS, the purpose of the Weinland Park Neighborhood Plan is to guide future improvements, investments, programs, and actions within the planning area bounded roughly by Chittenden Avenue on the north, the CSX railroad adjacent to Interstate 71 on the east, East Fifth Avenue on the south, and North High Street on the west; and

WHEREAS, the Planning Division worked cooperatively with a Working Committee and five subcommittees consisting of area stakeholders to identify, analyze, and address specific issues impacting the planning area; and

WHEREAS, as integral parts of the planning process, numerous meetings with the committees, two neighborhood planning workshops, and a public hearing were held in a addition to displays and discussions at other community events; and

WHEREAS, recommendations included in the Weinland Park Neighborhood Plan address housing; land use, development, and redevelopment; economic and workforce development; public safety; public infrastructure; human and social services; and community involvement; and

WHEREAS, the Weinland Park Community Civic Association, University Area Commission and Columbus Development Commission have reviewed the Plan and have recommended its adoption by Columbus City Council; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Weinland Park Neighborhood Plan is hereby adopted to serve as a guide for both public and private investment for future improvements and actions within the planning area.

Section 2. That the Columbus Development Commission and all departments and divisions of the city administration are hereby authorized and directed to use the Weinland Park Neighborhood Plan to initiate and guide projects and programs implementing the provisions of the plan.

Columbus City Bulletin (Publish Date 07/29/06) 86 of 408 Section 3. That the Department of Development is directed to monitor the use of the Weinland Park Neighborhood Plan, and to present to Columbus City Council any amendments necessary to keep the plan up-to-date.

Section 4. That copies of the Weinland Park Neighborhood Plan shall be kept on file in and made available electronically by the Planning Division of the Department of Development.

Section 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law

Legislation Number: 1139-2006

Drafting Date: 06/14/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation 1. BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into a construction contract with Storts Excavation, in the amount of $495,708.00; to encumber funds with the Transportation Division for inspection, testing and prevailing wage coordination services in the amount of $76,000.00; to authorize the City Auditor to transfer a total of $171,708.00 within the Storm Sewer Bond Fund; to amend the 2006 Capital Improvements Budget; all in connection with the Marsdale Ave. Stormwater System Improvements Project.

2. CONSTRUCTION CONTRACT AWARD: The Director of Public Utilities publicly opened ten bids on June 7, 2006. Bids were received from: Storts Excavation - $495,708.00; Columbus Asphalt Paving - $509,231.40; Tata Excavating - $562,778.87; Nickolas M. Savko & Sons - $563,343.00; Conie Construction - $591,961.81; John Eramo & Sons - $601,472.75; Double Z Construction - $618,762.00; George J. Igel & Co., Inc. - $659,266.80; McDaniel's Construction - $657,715.28; and Complete General Construction Co. - $779,478.00.

The lowest and best bid was from Storts Excavation in the amount of $495,708.00. Their Contract Compliance Number is 31-1464608. Additional information regarding each bidder, description of work, contract timeframe and detailed amounts can be found on the attached Legislation Information Form.

3. FISCAL IMPACT: The Division is requesting an amendment to the 2006 Capital Improvements Budget for purposes of establishing sufficient budget authority for this expenditure. Additionally, this legislation includes a transfer of funds within the Storm Sewer Bonds Fund.

Title To authorize the Director of Public Utilities to execute a construction contract with Storts Excavation in the amount of $495,708.00; to provide for payment of inspection, material testing and related services to the Transportation Division in the amount of $76,000.00; for the Marsdale Ave. Stormwater System Improvements Project; to authorize the transfer of $171,708.00 within the Storm Sewer Bond Fund; to authorize an amendment to the 2006 Capital Improvements Budget; for the Division of Sewerage and Drainage; and to authorize the expenditure of $571,708.00 within the Storm Sewer Bond Fund. ($571,708.00)

Body WHEREAS, ten bids were received and publicly opened in the offices of the Director of Public Utilities on June 7, 2006, for the construction of the Marsdale Ave. Stormwater System Improvements Project; and

WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to award and execute a

Columbus City Bulletin (Publish Date 07/29/06) 87 of 408 construction contract and to encumber and expend funds to provide for payment of inspection, testing and prevailing wage coordination services costs associated with the Marsdale Ave. Stormwater System Improvements Project; and

WHEREAS, significant flooding and other stormwater problems have been identified through customer complaints for the area covered by this project; and

WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds within the Storm Sewer Bond Fund; and

WHEREAS, it is necessary to authorize an amendment to the 2006 Capital Improvements Budget for purposes of providing sufficient funding and spending authority for the aforementioned project expenditures; and

WHEREAS, it has become necessary in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, to authorize the Director of Public Utilities to enter into a contract for construction services for the Marsdale Ave. Stormwater System Improvements Project, for the preservation of the public health, peace, property and safety; now therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the City Auditor is hereby authorized to transfer $171,708.00 within the Storm Sewer Bonds Fund, Fund 685, Division of Sewerage and Drainage, Division 60-15, Object Level One 06, Object Level Three 6621, as follows:

TRANSFER FROM: 610704 - Linden Area wide SSI's OCA Code - 685704

TRANSFER TO: 610706 - Marsdale Avenue Drainage Imp's OCA Code - 685706

SECTION 2. That the Director of Public Utilities be, and hereby is, authorized to award and execute a contract for construction of the Marsdale Ave. Stormwater System Improvements Project; with the lowest and best bidder, Storts Excavation; 1167 McCarley Drive West; Columbus, Ohio, 43228; in the amount of $495,708.00; in accordance with the terms and conditions of the contract on file in the Office of the Division of Sewerage and Drainage; to obtain the necessary inspection, testing and prevailing wage coordination services from the Transportation Division to pay up to a maximum amount of $76,000.00; for a grand legislative total of $571,708.00.

SECTION 3. That for the purpose of paying the cost of the construction contract, the cost of inspection, testing and prevailing wage coordination services, the following expenditure, or as much thereof as may be needed is hereby authorized as follows: Division 60-15, Storm Sewer Bond Fund No. 685, Project 610706, Object Level One 06, Object Level Three 6621, OCA Code 685706, Amount $571,708.00.

SECTION 4. That the 2006 Capital Improvements Budget Ordinance No. 1108-2006 is hereby amended as follows, to provide sufficient budget authority for the execution of the construction contract stated in Section 2 herein.

CURRENT:

610704 - Linden Area wide SSI's - $1,407,649 610706 - Marsdale Avenue Drainage Imp's - $400,000

AMENDED TO:

610704 - Linden Area wide SSI's - $1,235,941 (-$171,708) 610706 - Marsdale Avenue Drainage Imp's - $571,708 (+$171,708)

Columbus City Bulletin (Publish Date 07/29/06) 88 of 408 SECTION 5. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1143-2006

Drafting Date: 06/14/2006 Current Status: Passed

Version: 2 Matter Type: Ordinance

Explanation Rezoning Application Z06-026

APPLICANT: N.P. Limited Partnership; c/o David Perry, Agent; 145 East Rich Street; Columbus, OH 43215.

PROPOSED USE: Commercial development.

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 11, 2006.

CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is located within the boundaries of Subarea J.2 of The Far North Plan (1994). The plan supports "infill residential development that is compatible with existing residential development. " The deviation from the Far North Plan is warranted, in this case, owing to the site's proximity to the new I-71 interchange. The property is approximately 375 feet east of I-71 and 600 feet north of Gemini Place, which intersects with I-71 at the new interchange. The proposed L-C-4, Limited Commercial District text commits to customary use restrictions and development standards, consistent with the adjacent L-C-4 districts to the south and east.

Title To rezone 8239 COLONIAL MEADOWS DRIVE (43035), being 5.36± acres located at the southeastern terminus of Colonial Meadows Drive, 780± feet south of East Powell Road, From: R, Rural District, To: L-C-4, Limited Commercial District and to declare an emergency. (Rezoning # Z06-026)

Body WHEREAS, application #Z06-026 is on file with the Building Services Division of the Department of Development requesting rezoning of 5.35± acres from R, Rural District to L-C-4, Limited Commercial District; and

WHEREAS, the Development Commission recommends approval of said zoning change; and

WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance in order that perimits can be submitted following closing for the immediate preservation of the public peace, property, health and safety; and WHEREAS, the City Departments recommend approval of said zoning change because the deviation from The Far North Plan is warranted, in this case, owing to the site's proximity to the new I-71 interchange. The site is located within the boundaries of Subarea J.2 of The Far North Plan (1994). The plan supports "infill residential development that is compatible with existing residential development. " The property is approximately 375 feet east of I-71 and 600 feet north of Gemini Place, which intersects with I-71 at the new interchange. The proposed L-C-4, Limited Commercial District text commits to customary use restrictions and development standards, consistent with the adjacent L-C-4 districts to the south and east, now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:

Columbus City Bulletin (Publish Date 07/29/06) 89 of 408 8239 COLONIAL MEADOWS DRIVE (43035), being 5.36± acres located at the southeastern terminus of Colonial Meadows Drive, and being more particularly described as follows:

5.355 Acre, City of Columbus, Delaware County, Ohio

Situated in the State of Ohio, County of Delaware, and City of Columbus, Farm Lot 16, Section 4, Township 3, Range 18, United States Military Lands and being 5.355 acres out of Farm Lot 16 and being all of Lot 712 and Lot 713 of the plat of Colonial Meadows Subdivision No. 2 as recorded in Plat Book 17 Page 175 of the Recorder's Office of Delaware County, Ohio and being more particularly described as follows;

Beginning for reference at the northwest corner of Lot 16 in the present right-of-way of Interstate Highway No. 71, said point being 91 feet to the right of Station 296+93 of the Freeway Survey and North 86°26' West, 59 feet from the easterly right-of-way line for said Freeway;

Thence South 03°49'0" West through said right-of-way of Interstate Highway No. 71, a distance of 749.72± feet to the northwesterly corner of a 5.681 acre tract and as conveyed to N.P. Limited Partnership of record in Official Record Volume 576 Page 1067;

Thence South 84°28'0" East with the northerly line of said 5.681 acre tract together with the southerly line of Lot 278 of Colonial Meadows as recorded in Plat Book 7, Page 541, a distance of 385.20 feet to the northeasterly corner of said 5.681 acre tract and being a point on the westerly right-of-way line of Colonial Meadows Drive as recorded in Plat Book 7, Page 541;

Thence South 05°32'0" West with the easterly line of said 5.681 acre tract together with said westerly right-of-way line, a distance of 37.00 feet to a point on the northerly line of said 5.681 acre tract and being a point on the southerly right-of-way line of said Colonial Meadows Drive;

Thence South 69°44'0" East with said northerly line of said 5.681 acre tract together with the said southerly right-of-way line, a distance of 48.00 feet to the northeasterly corner of said 5.681 acre tract and being the northwesterly corner of Lot 713 of Colonial Meadows Subdivision Number 2 as recorded in Plat Book 17, Page 175 to the true point of beginning;

Thence South 69°44'00" East with the southerly right of way line of said Colonial Meadows Drive, a distance of 32.00 feet to a point;

Thence South 84°28'00" East with the southerly right of way line of said Colonial Meadows Drive, a distance of 31.63 feet to a point;

Thence North 05°32'00" East with the easterly right of way line of said Colonial Meadows Drive, a distance of 57.34 feet to a point at the northwesterly corner of Lot 712 of said Colonial Meadows Subdivision No. 2;

Thence South 84°28'00" East with the northerly line of said Lot 712, a distance of 304.84 feet to a point at the northeasterly corner of said Lot 712;

Thence South 13°05'36" West with the easterly line of said Lot 712 and Lot 713, a distance of 318.16 feet to a point;

Thence South 09°17'00" West with the easterly line of said Lot 713, a distance of 327.55 feet to a point to the southeasterly corner of said Lot 713;

Thence North 84°36'00" West with the southerly line of said Lot 713 and the northerly of a tract of land conveyed to N.P. Limited Partnership of record in Official Record Volume 268 Page 2325 and the northerly corporation line of the City of Columbus as shown in Ordinance No. 3310-90 and recorded in Delaware County, Ohio in Plat Book 24, Page 83, a distance of 386.45 feet to a point at the southwesterly corner of said Lot 713 and the southeasterly corner of said 5.681 acre tract;

Columbus City Bulletin (Publish Date 07/29/06) 90 of 408 Thence North 13°25'25" West with the easterly line of said Lot 713 and the easterly line of said 5.681 acre tract and the corporation line of the City of Columbus as shown in Ordinance No. 0631-02 and recorded in Delaware County, Ohio in Plat Cabinet 2, Slide 777, a distance of 599.62 feet to the true point of beginning and containing 5.355 acres of land more or less.

This description was prepared by Floyd Browne Group, Inc., Delaware, Ohio. The basis of bearings is South 03°49'0" West for the westerly line of Farm Lot Number 16 as recorded in Official Record Volume 93, Page 1582.

______Maynard H. Thompson P.S. 7128 Date

To Rezone From: R, Rural District,

To: L-C-4, Limited Commercial District.

SECTION 2. That a Height District of One-hundred-ten (110) feet is hereby established on the L-C-4, Limited Commercial District on this property.

SECTION 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved L-C-4, Limited Commercial District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said text titled, "DEVELOPMENT TEXT," signed by David B. Perry, agent for the Applicant, and Donald Plank, attorney for the Applicant, and dated June 16, 2006, and the text reading as follows:

DEVELOPMENT TEXT

L-C-4, LIMITED COMMERCIAL DISTRICT

5.355± Acres

EXISTING DISTRICT:

R, Rural District

PROPOSED DISTRICT:

L-C-4, Limited Commercial

PROPERTY ADDRESS:

8239 Colonial Meadows Drive, Columbus, OH 43035

OWNER(S):

Jerry L. and Evelyn Jean Cline and Robert C. and Jessica J. Williams c/o Dave Perry, Agent, The David Perry Company, 145 East Rich Street, Columbus, OH 43215 and Donald Plank, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215

APPLICANT:

NP Limited c/o Dave Perry, Agent, The David Perry Company, 145 East Rich Street,

Columbus City Bulletin (Publish Date 07/29/06) 91 of 408 Columbus, OH 43215 and Donald Plank, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215

DATE OF TEXT:

June 16, 2006

APPLICATION NUMBER:

Z06-026

1. INTRODUCTION:

Applicant proposes to rezone 5.355 +/- acres to the L-C-4, Limited Commercial District for commercial uses related to the Polaris Centers of Commerce development. The site abuts Sub-Area J-1 of the Far North Plan, which sub-area supports commercial land use and recognizes the Polaris Centers of Commerce and other commercial development as the appropriate land use. Since the original Polaris Centers of Commerce rezoning (1991), numerous additional commercial rezoning applications have been approved as additional property became available to expand the commercial development, including property that abuts Sub-Area J-1, as this parcel does. The site also abuts 5.5 +/- acres now zoned L-C-4 to the west. The construction of a second interstate interchange on I-71 for the Polaris Centers of Commerce will cause this property to be located in close proximity to the new interchange, making it particularly appropriate for commercial use, along with its adjacency to other Polaris/L-C-4 property to the west and south. This proposal is consistent with other approved rezoning applications that provided expansion area from the original Polaris rezoning. Extensive deed restrictions have been established on property presently in the Polaris Centers of Commerce and all property in the Polaris Centers of Commerce is subject to use and design review (Polaris Design Review Board) approval of both the site plan and exterior building elevations and architecture. It is applicant's intention to establish the same or comparable deed restrictions and design review on this property.

2. PERMITTED USES: The following uses shall be permitted:

A. All uses of Section 3356.03, C-4 Permitted Uses, except the following:

1.Billboards

2.Off premise graphics except for (i) graphics which identify an overall development on the subject property (such as a large office park or shopping center) and the management of the development and (ii) graphics identifying uses within the Subarea in which the graphics are located or a Subarea contiguous to the Subarea in which the graphics are located or (iii) as approved by the Columbus Graphics Commission as part of a Graphics Plan.

3.Used car lots, except used car lots used in conjunction with the sale of new cars.

4.Outside storage of items with the exception of items offered for sale and accessory to a permitted use, such as hardware, lumber, or landscaping sales uses, etc.

5.Storage of hazardous wastes except for small quantities generated or used in connection with testing labs or other permitted use under controlled conditions in compliance with all laws regulating such materials.

6.Halfway House.

3. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards shall be as specified in the C-4, Commercial District.

Columbus City Bulletin (Publish Date 07/29/06) 92 of 408 A. Density, Height, Lot and/or Setback Commitments.

1. Building Height: The height district shall be H-110, allowing for a 110-foot height limitation in accordance with Sections 3309.14 and 3309.142 of the Columbus Zoning Code, except as follows: a) Any building or structure (or any portion thereof) within fifty (50) feet of the north property line and/or twenty-five (25) feet of the east property line shall not exceed thirty-five (35) feet in height, as long as adjacent property to the north and east, as applicable to each setback, respectively, is zoned and used for single-family dwellings. b) Any building or structure (or any portion thereof) within seventy-five (75) feet of the north property line and/or fifty (50) feet of the east property line shall not exceed sixty (60) feet in height, as long as adjacent property to the north and east, as applicable to each setback, respectively, is zoned and used for single-family dwellings.

2. Building Lines:

(a) The building setback line shall be fifty (50) feet from any public street, fifteen (15) feet from any side property line, and ten (10) feet from any rear property line, except as otherwise set forth herein:

1) No building setback shall be required from any property line, other than a property line abutting a public street, that is created within and internal to a larger site for which a Certificate of Zoning Clearance has been issued and the parcel created by the property line continues to function as part of the overall site for which the Certificate of Zoning Clearance was issued.

2) The minimum building setback from the north and east property lines shall be twenty-five (25) feet, as long as the adjacent property to the north and east, as applicable to each setback, respectively, is zoned and used for single-family dwellings, and subject further to applicable height and setback provisions established in A.1.a and b.

3) Parking Setback a) There shall be a minimum thirty (30) foot parking setback from all public streets. b) A minimum eighteen (18) foot landscaped parking setback shall be provided along and parallel to the north property line and a minimum eighteen (18) foot landscaped parking setback shall be provided along and parallel to the east property line, as long as adjacent property to the north and east, as applicable to each setback, respectively, is zoned and used for single-family dwellings. c) No parking or maneuvering areas, except driveways, shall be constructed nearer than three (3) feet from any side or rear property line, except as required above (b) and as follows:

1) Internal aisles for vehicular circulation within parking lots to provide internal connection and circulation between adjacent parking lots are permitted.

2) No parking or maneuvering setback shall be required from any property line, other than a property line abutting a public street, that is created within and internal to a larger site for which a Certificate of Zoning Clearance has been issued and the parcel created by the property line continues to function as part of the overall site for which the Certificate of Zoning Clearance was issued.

B. Access, Loading, Parking and/or other Traffic Related Commitments.

1) There shall be no vehicular access to Colonial Meadows Drive.

2) Wheel blocks shall be provided in any parking spaces adjacent to the three (3) foot side or rear property line parking setback and the wheel blocks shall be placed within the parking space to prevent the overhang of vehicles into the parking setback.

Columbus City Bulletin (Publish Date 07/29/06) 93 of 408 3) The site does not directly abut any public street for vehicular access. Vehicular access will be provided through the adjacent commercially zoned property to the west and south, all owned by applicant at the time of this rezoning. Applicant's property to the west and south fronts on and will have access to the Gemini Parkway/Orion Place intersection.

C. Buffering, Landscaping, Open Space and/or Screening Commitments.

1) Screening with landscaping (or screening materials which may consist of any combination of earth mounding, landscaping, walls, and/or fences) shall be provided so as to hide trash collection areas and waste storage area from view, to a minimum opacity of not less than 100%. All such landscaping shall be properly trimmed and all screening shall be maintained in a neat and tidy manner. All service areas shall be separated from public circulation and parking areas.

2) All heating, ventilating, air conditioning and other building mechanical systems and equipment, whether roof mounted or ground level, shall be fully screened from view from all public streets and also from view from the north property line of the 5.35 +/- acres being rezoned. As an exception to the foregoing, equipment requiring ventilation may be located within architectural elements having an opacity of at least 80%. Ground level equipment may be screened by landscaping.

3) Where freestanding walls are used for screening, they shall be integrated into the building design and/or landscaping plan so as to appear to be a natural element of the building and/or lot on which such building is located.

4) All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.

5). The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inches, Ornamental - 1 ½ inches, Evergreen - 5 feet, Shrubs - 2 gallon.

6) Provision for handling all truck service shall be totally within each parcel. No off-street loading areas or loading docks shall be located on or along the front wall of any building, within the front yard of any parcel or nearer than fifteen (15) feet from any side or rear property line. Off-street loading areas or loading docks located on or along the side wall of any building shall in no event be located nearer than twenty-five (25) feet from the front of the building and such facilities and all activities therein shall be screened from view from all public streets with buildings or view-obscuring treatment such as landscaped mounds, a wall or fence, dense planting, strips of trees or shrubs, or a combination thereof so as to achieve a minimum height of 6 feet high and an opacity of not less than seventy five percent (75%). All such view-obscuring measures shall be maintained in good condition and appearance by the owner of the property containing such freight loading area at all times.

7) Any freight loading area located within fifty (50) feet of a residentially zoned property used for residential purposes shall be screened from such residential property by buildings or view-obscuring treatment such as landscaped mounds, a wall or fence, dense planting, strips of trees or shrubs, or a combination thereof so as to achieve a minimum height of 6 foot high and an opacity of not less than seventy five percent (75%). All such view-obscuring measures shall be maintained in good condition and appearance by the owner of the property containing such freight loading area at all times.

8) Each parcel shall provide minimum three (3) foot wide landscape buffer areas within the parcel and adjacent and parallel to the side and rear property lines, except where no building setback is required, where aisles connect adjacent parking lots and where no parking setback is required. The surface of the side and rear buffer areas shall be expressly reserved for the planting of lawns, trees or shrubs and no structures (except approvable graphics), equipment of any nature (except utility equipment, which shall be either underground or fully screened) or paved areas (except driveways) shall be permitted within the side and rear buffer areas.

9) Each parcel shall provide in the front of the parcel, along any public street, a minimum thirty (30) foot wide landscape buffer area, unless otherwise permitted in this development text, outside of but adjacent and parallel to any public street. Except for graphics and driveways, the surface of the front buffer area shall be expressly reserved for the planting of lawns, trees or shrubs. Storm water detention or retention areas may occur in said buffer areas.

10) The north and east landscaped parking setbacks, meaning the parking setbacks from the north and east property lines of

Columbus City Bulletin (Publish Date 07/29/06) 94 of 408 the 5.355 +/- acre tract being rezoned, shall contain a combination of screening and/or mounding and/or plant material to provide an opacity of not less than 85% to a height of five (5) feet high at installation. Both the north and east parking setbacks shall specifically include: a) continuous mounding at 3:1 slope to a minimum height of three (3) feet, except where mound height is reasonably tapered to terminate the mound or if specifically not permitted by the City of Columbus related to required storm water management, and b) plant material with a mixture of deciduous and evergreen trees at the minimum rate of eight (8) trees per 100 lineal feet. Plant material required by this section shall be planted on the required mound. Trees may be planted in a row or clustered. The requirements of this section shall be applicable as long as adjacent property to the north and east, as applicable to each setback, respectively, is zoned and used for single-family dwellings.

11) For all retaining walls an area to be planted with shrubs and/or vines shall be provided between the wall and any paved area.

12) All open areas on each developed parcel not occupied by buildings, structures, outside storage areas, parking areas, street right-of-way paved areas, driveways, walkways and off-street loading areas shall be suitably graded and drained and shall be landscaped with lawns, trees and shrubs.

D. Building Design and/or Interior-Exterior Treatment Commitments.

1) Buildings shall be finished with the same level and quality of finish on all four sides, as determined by the Polaris Design Review Board. There shall be no exposed smooth face concrete block.

E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.

1) All parking lot lighting shall use cut-off type fixtures (downlighting) and shall be designed and placed to minimize off-site light spillage and glare. Buildings and landscaping may be uplighted from a concealed source.

2) Parking lot lighting shall be no higher than 28 feet. There shall be no parking lot lighting within 50 feet of the north or east property lines as long as adjacent property to the north and east, as applicable to each setback, respectively, is zoned and used for single-family dwellings. Parking lot lighting shall not exceed one (1) foot candle, as measured at the north or east property lines of the 5.355 +/- acre area being rezoned, as long as adjacent property to the north and east, as applicable to each setback, respectively, is zoned and used for single-family dwellings.

3) All new or relocated utility lines shall be installed underground, unless the applicable utility company requires above ground installation.

F. Graphics and Signage Commitments.

1) All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District. Any variance to the applicable requirements of the C-4, Commercial District, shall be submitted to the Columbus Graphics Commission.

G. Miscellaneous.

1) A monetary payment at the rate of $400.00/acre shall be made to the Recreation and Parks Department in conjunction with a request for a Certificate of Zoning Clearance, to comply with the Parkland Dedication Ordinance (PDO).

2) Severability. If for any reason any one or more articles, sections, sentences, clauses or parts of this Text are held invalid by any court of law or duly authorized public body, such determination shall not affect, impair or invalidate the remaining provisions of this Text, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Text held invalid and the invalidity of any section, sentence, clauses or parts of the Text in any one or more instances shall not prejudice in any way the validity of the Text in any other instance.

3) Future Zoning Applications. A zoning classification (L-C-4) and development standards which are thought to be

Columbus City Bulletin (Publish Date 07/29/06) 95 of 408 appropriate are being established for the site with this Limitation Text. Development of the site will occur over an extended period of time and it may be necessary from time to time to augment the development standards and to provide for additional uses which cannot be foreseen but are compatible with the uses allowed. Any portion of the site being rezoned with this application may be rezoned independently or in conjunction with other abutting property in the future.

SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1145-2006

Drafting Date: 06/14/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation1. BACKGROUND: This legislation authorizes the Director of Public Utilities to execute a planned contract modification to the Sewer System Engineering Section's Construction Administration and Inspection Services Agreement with DLZ Ohio, Inc. This modification will increase the funding of the contract services by an additional $565,737.71 for construction administration services for 2 sanitary sewer system projects that are currently being awarded or will be shortly. These projects typically involve the replacement and or rehabilitation of sanitary and combined sewer infrastructure. This is one of two construction administration and inspection services contracts for which the Division of Sewerage and Drainage will submit planned contract modification requests to Council for 2006 construction projects as they are funded through Ohio Water Pollution Control Loan Fund; or voted sanitary bond funds.

2. CONTRACT MODIFICATION INFORMATION: This contract was originally procured to provide construction administration and inspection services for sanitary and combined sewer projects during the fiscal years of 2005-2007. In so much as the Division of Sewerage and Drainage funds a large portion of its construction contracts with the loans from the Ohio Water Pollution Control Loan Fund, it is necessary for the Division to modify the subject contract incrementally, through planned contract modifications as said funding becomes available.

The Division has determined that it is appropriate to augment city personnel by utilizing these contracted services on a routine basis. The cost of these services is consistent with those provided for under the existing agreement.

3. FISCAL IMPACT: Five of the projects for which services are being procured for under this modfication have received OWPCLF financial assistance. $50,000.00 has been established within the Voted Sanitary Bond Fund for purposes of funding miscellaneous, small scale and emergency capital improvement projects that arise from time to time through the fiscal year.

TitleTo authorize the Director of Public Utilities to enter into a planned modification of the construction administration and inspection services agreement with DLZ Ohio, Inc. in the amount of $460,836.84, to authorize the appropriation and expenditure of $397,978.84 from the Ohio Water Pollution Control Loan Fund; and the transfer and expenditure of $62,858.00 from within the Voted Sanitary Bond Fund; to amend the 2006 Capital Improvements Budget; for the Division of Sewerage and Drainage. ($460,836.84)

BodyWHEREAS, the Sewer System Engineering Section of the Division of Sewerage and Drainage have determined it to be in the best interest of the City to establish contracts with qualified central Ohio firms for purposes of providing additional construction administration and inspection services that are required to effectively replace, rehabilitation or expand existing sanitary and combined sewer infrastructure under both emergency and expedited circumstances; and

WHEREAS, City Auditor Contract No. EL006064, was executed April 24, 2006, as authorized by Ordinance No. 0275-2006, as passed by City Council on February 27, 2006, and approved by the City Attorney on April 28, 2006 for purposes of establishing a Construction Administration and Inspection Services Agreement with DLZ Ohio, Inc.; now,

Columbus City Bulletin (Publish Date 07/29/06) 96 of 408 therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That $397,978.84 is hereby appropriated for the following project accounts as follows within the Ohio Water Pollution Control Loan Fund No. 666| Division 60-05| Object Level Three No. 667: Proj. No.: 650671| Crestview/Calument San. Imp.| OCA 666671| $198,989.42 Proj. No.: 650675| Royal Forest/Beechmont Area Imp.| OCA 666675| $198,989.42

Section 2. That the City Auditor be and hereby is authorized and directed to transfer a total of $62,858.00 from within the Voted Sanitary Bond Fund No. 664, Department 60-05, Obj. Level Three 6676, as follows:

From: Proj.: 650348| OCA Code 654348| WWTF Instrum. & Control Proj.| $46,171.29 Proj.: 650404| OCA Code 655266| Sanitary System Rehab.| $2,386.27 Proj.: 650405| OCA Code 655274| Sewer System I/I Remediation| $2,683.20 Proj.: 650672| OCA Code 664672| Bill Moose Run San.| $6,100.00 Proj.: 650497| OCA Code 664497| Big Run San. Subt.| $5,517.24

To: Proj.: 650667| OCA Code 642918| Rustic Bridge Area San. Imp.| $12,858.00 Proj.: 650100| OCA Code 650100| Sanitary Sewer Contingency| $50,000.00

Section 3. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 4. That the Director of Public Utilities be, and hereby is, authorized to modify Contract No. EL006064 with DLZ Ohio, Inc., 6121 Huntley Road, Columbus, Ohio 43229, in order to provide additional construction administration and inspection services to the Sewer System Engineering Section of the Division of Sewerage and Drainage, in accordance with the terms and conditions as shown in the contract modification on file in the office of the Division of Sewerage and Drainage.

Section 5. That for the purpose of paying the cost of the aforementioned professional engineering contract modification, the expenditure of $460,836.84, is hereby is authorized within Division 60-05, as follows:

Fund 664| Proj. 650100| Sanitary Sewer Conting.| OCA 650100| OL3: 6676| $50,000.00 Fund 664| Proj. 650667| Rustic Bridge Area San.| OCA 664667| OL3: 6676| $12,858.00 Fund 666| Proj. 650675| Clinton Heights Area San.| OCA 666675| OL 3: 6676| $198,989.42 Fund 666| Proj. 650671| Crestview/Calumet San.| OCA 666671| OL 3: 6676| $198,989.42

Section 6. That the 2006 Capital Improvements Budget Ordinance No. 1108-2006, is hereby amended as follows, in order to provide sufficient budget authority for the execution of the subject construction administration and inspection contract modification agreement:

CURRENT: Proj. 650667| Rustic Bridge Area Sanitary| $0.00 (Voted Sanitary Carryover) Proj. 650671| Crestview/Calumet San. Imp.| $0.00 Proj. 650675| Clinton Heights Area San. Imp.| $0.00

AMENDED TO: Proj. 650667| Rustic Bridge Area Sanitary| $0.00 (Voted Sanitary Carryover) Proj. 650671| Crestview/Calumet San. Imp.| $198,989.42 (OWPCLF)

Columbus City Bulletin (Publish Date 07/29/06) 97 of 408 Proj. 650675| Clinton Heights Area San. Imp.| $198,989.42 (OWPCLF)

Section 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1146-2006

Drafting Date: 06/14/2006 Current Status: Passed

Version: 2 Matter Type: Ordinance

Explanation Council Variance Application: CV06-023

APPLICANT: Anderson Properties Limited Partnership; c/o Christopher A. Rinehart; 366 East Broad Street; Columbus, Ohio 43215.

PROPOSED USE: Child day care center.

CITY DEPARTMENTS' RECOMMENDATION: Approval. The property, which has been utilized for commercial, manufacturing and warehouse uses, was annexed into the city of Columbus in 1999 and has remained zoned in the R, Rural District. This council variance would allow a child day care center as a principal use in the existing building. Child day care centers are only permitted in the R, Rural District if they are accessory uses located within a school or religious facility. The applicant has committed to a follow-up rezoning after the council variance process. The proposed child day care center is compatible with the development and zoning patterns of the area. Staff supports the request but is concerned with the difficulty of enforcing Section 3 and Section 4 and the precedent setting aspect of these two conditions.

Title To grant a Variance from the provisions of Sections 3332.02, R, Rural District, and 3332.06, R-rural area district requirements, of the City of Columbus codes, for the property located at 2816 MORSE ROAD (43231), to permit a child day care center in the R, Rural District and to declare an emergency. (Council Variance # CV06-023)

Body WHEREAS, by application No. CV06-023, the owner of property at 2816 MORSE ROAD (43231), is requesting a Council Variance to permit a child day care center as a principal use in the R, Rural District; and

WHEREAS, Section 3332.02, R, Rural District, prohibits a child day care center unless it is an accessory use located within a school or religious facility, while the applicant proposes to establish a child day care center as a principal use; and

WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to obtain a building permit as soon as possible for purposes of the daycare center which is the subject of the council variance request for the immediate preservation of the public peace, property, health and safety; and

WHEREAS, Section 3332.06, R-rural area district requirements, requires a minimum lot size of five (5) acres, while the applicant proposes to utilize the existing building on the 3.99± acre lot; and

WHEREAS, City Departments recommend approval because the proposed child day care center is compatible with the development and zoning patterns of the area. The property, which has been utilized for commercial, manufacturing and warehouse uses, was annexed into the city of Columbus in 1999 and has remained zoned in the R, Rural District. This council variance would allow a child day care center as a principal use in the existing building. Child day care centers are only permitted in the R, Rural District if they are accessory uses located within a school or religious facility. The applicant has committed to a follow-up rezoning after the council variance process. Staff supports the request but is concerned with

Columbus City Bulletin (Publish Date 07/29/06) 98 of 408 the difficulty of enforcing Section 3 and Section 4 and the precedent setting aspect of these two conditions; and

WHEREAS, said ordinance is conditioned to require the applicant to apply for a rezoning within four (4) months of approval of this council variance, receive a recommendation of approval for the rezoning application from Northland Community Council with any conditions of such approval resolved satisfactorily to the Northland Community Council, and complete the rezoning process within 12 months of submitting the rezoning application, and;

WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and

WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and

WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and

WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 2816 MORSE ROAD (43231), in using said property as desired; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That a variance from the provisions of Sections 3332.02, R, Rural District and 3332.06, R-rural area district requirements, of the City of Columbus codes, for the property located at 2816 MORSE ROAD (43231), insofar as said sections prohibit a child day care center that is not an accessory use located within a school or religious facility on a lot less than five (5) acres; said property being more particularly described as follows:

2816 MORSE ROAD (43231), being 3.99± acres located on the north side of Morse Road at the intersection with Chesford Road, and being more particularly described as follows:

LEGAL DESCRIPTION

Situate in the State of Ohio, County of Franklin, Blendon Township, Quarter Township 3, Township 2, Range 17, United State Military Lands and being more particularly described as follows:

Beginning at an angle point in the existing City of Columbus Corporation Line as established by Ordinance Number 938-73 of record in Miscellaneous Book 160, Page 71, said point being the northeasterly corner of a 2 acre lot owned by Anderson Properties Limited Partnership;

Thence Southerly, a distance of 673 feet, more or less, along the said existing City of Columbus Corporation Line being the easterly line of said 2 acre tract and the westerly line of a 3.662 acre tract owned by MPT Investments, LLC to a point in the northerly right-of-way line of Morse Road, said point being an angle in said existing City of Columbus Corporation Line;

Then Westerly, a distance of 292 feet, more or less, along the said northerly right-of-way line of Morse Road across the said 2 acre, 1.015 acre, and 1.263 acre tracts owned by Anderson Properties Limited Partnership to a point in said right-of-way line lying in the common line of said 1.263 acre tract and the 0.609 acre tract owned by The McGlaughlin Oil Company;

Thence Northerly, a distance of 135 feet, more or less, along said common line of said 1.263 acre tract and said 0.609 acre tract to a point being northeasterly corner of said 0.609 acre tract;

Thence Westerly, a distance of 109 feet, more or less, along the northerly line of said 0.609 acre tract being a common line with said 1.263 acre tract to a point in the easterly right-of-way line of the Consolidated Utilities Railroad Corporation

Columbus City Bulletin (Publish Date 07/29/06) 99 of 408 Tract, said point being a common corner of said 1.263 acre tract and 0.609 acre tract;

Thence Northeasterly, a distance of 23 feet, more or less, along the said easterly right-of-way line of the said Consolidated Utilities Railroad Corporation tract to a point on a curve;

Thence along the said easterly railroad right-of-way line with a curve to the right in a northeasterly direction with a length of 617 feet, more or less, to a point in the existing City of Columbus Corporation Line as established by Ordinance Number 1054-67 of record in Miscellaneous Book 143, Page 563, said point being a common corner of said 2 acre tract and the southwesterly corner of Lot 367 of Parkridge Village, Section 3 as depicted in Plat Book 45, Page 67;

Thence Easterly, a distance of 66 feet, more or less, along the said existing City of Columbus Corporation Line being the northerly line of said 2 acre tract to the point of beginning, containing 4 acres, more or less.

SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a child day care center, or those uses permitted in the R, Rural District.

SECTION 3. That this ordinance is further conditioned (i) upon the property owner filing an application for rezoning regarding the subject parcels with the City of Columbus within four (4) months of adoption of this ordinance, (ii) upon receiving a recommendation of approval for such rezoning application from Northland Community Council with any conditions of such approval resolved satisfactorily to the Northland Community Council, and (iii) upon approval of the rezoning application by the Columbus City Council within twelve (12) months of its submission.

SECTION 4. That this ordinance is further conditioned that if, for any reason, a delay in any of the required approvals is caused for reasons beyond the reasonable control of the property owner, any time frame contained in this ordinance shall be extended by the period of delay, as reasonably determined by the Director of the Department of Development, or his designee.

SECTION 5. That this ordinance is further conditioned that, if the approvals for the required rezoning application are not obtained within the time frame(s) established by this ordinance, this ordinance shall terminate upon expiration of the time frames mentioned herein.

SECTION 6. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.

SECTION 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1149-2006

Drafting Date: 06/14/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance will authorize the Director of Recreation and Parks to enter into a professional services contract with Michael Hoggarth, PH.D., for an environmental survey and wetland delineation of the Alum Creek Trail in the amount of $30,580.00.

An environmental survey and wetland delineation are required for the necessary permitting and planning of the Alum Creek Trail from I670 north to Innis Park.

Michael Hoggarth, Ph.D., was selected for this project from proposals received from three (3) firms. It was determined

Columbus City Bulletin (Publish Date 07/29/06) 100 of 408 that Michael Hoggarth's proposal and experience far exceeded the others.

The Contract Compliance Number for Michael Hoggarth, is #53-8581581.

Fiscal Impact: $30,580.00 is required and budgeted in the Voted 1995 and 1999 Parks and Recreation Bond Fund to meet the financial obligation of this contract.

Title To authorize and direct the Director of Recreation and Parks to enter into contract with Michael Hoggarth, Ph.D., for an environmental survey and wetland delineation of the Alum Creek Trail, and to authorize the expenditure of $30,580.00 from the Voted 1995 and 1999 Parks and Recreation Bond Fund. ($30,580.00)

Body WHEREAS, proposals were received from three firms for professional services related to the Brentnell Recreation Center Renovations; and

WHEREAS, the contract will be awarded based on experience, availability, and knowledge of project site; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to enter into contract with Michael Hoggarth, Ph.D., for professional services related to the Alum Creek Trail.

Section 2. That the expenditure of $30,580.00, or so much thereof as may be necessary, be and is hereby authorized from the Voted 1999/2004 Recreation and Parks Bond Fund No. 702, Dept. 51-01, as follows, to pay the cost thereof.

Fund Type Project No. Project Title Object Level 3 OCA Code Amount Cap. Proj. 510316 Greenways 6680 644526 $30,580.00

Section 3. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1164-2006

Drafting Date: 06/16/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation1. BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into contract with Complete General Construction Company, Inc., for the construction of the Cleveland Ave./Morse Rd. Drainage Improvements Project and the Strimple, Kilbourne Minerva, Avenues Assessment Sewer Project, and to pay a maximum of $3,060,313.28 for the construction contract; and the cost of the construction administration and inspection services with the Dept. of Transportation.

This project is necessary to construct stormwater and sanitary sewer improvements within an existing neighborhood located along Cleveland Avenue, north of Morse Road, on the northeast side of the City. By combining both the sanitary

Columbus City Bulletin (Publish Date 07/29/06) 101 of 408 and stormwater improvements projects, the City will be able to minimize the impact that the construction activities will have upon the residents benefitting from this new infrastructure.

2. BID INFORMATION: The Director of Public Utilities publicly opened four competitive bid proposals on March 8, 2006. The results of these bids were: Complete General Construction Company submitted a bid of $2,782,102.98| Nickolas M. Savko & Sons submitted a bid of $2,839,701.12| Kokosing Construction Company-$2,885,300.40| and the George J. Igel Company-$2,920,445.40. Bid is recommended to the lowest, best, responsive and responsible bidder.

3. FISCAL IMPACT: This project is being constructed in accordance with the special assessment provisions of the Columbus City Codes. Funding for this project is being provided by a note from the City of Columbus's Treasury Investment Board (Ord. 0992-2006). Upon completion of the project, property owners will be notified of their final assessment for the improvements. After payments have been accounted for, the City will bond the remaining balance of the property owners share of the project. This bond will then be retired from proceeds from the special assessment receipts included within the individual property owner's property tax bill over a ten year period.

4. EMERGENCY DESIGNATION: The Division of Sewerage and Drainage is requesting Council to consider this measure an emergency measure for purposes of immediately causing the procurement of the construction services that are necessary to install the urgently required sanitary sewer system that is needed to address groundwater pollution concerns in residential and commerical properties surrounding this project.

TitleTo authorize the Director of Public Utilities to enter into a contract with the Complete General Construction Company, Inc., for the construction of the Cleveland Ave./Morse Rd. Drainage Improvement Project and the Strimple, Kilbourne and Minerva Avenues Assessment Project; to authorize the expenditure of $3,060,313.28 for the cost of construction services; to authorize the appropriation and expenditure of $294,168.66 from within the Sanitary Sewer Assessment Fund; the appropriation, transfer and expenditure of $1,299,438.17 from the Sewer System Reserve Fund to the Sewer Assessment Fund; the transfer of $126,024.45, and expenditure of $1,466,706.45 from the Storm Sewer Bond Fund; to amend the Capital Improvements Budget, for the Division of Sewerage and Drainage; and to declare an emergency. ($3,060,313.28)

BodyWHEREAS, Resolution 172X-2003, as adopted June 16, 2003 established Columbus City Council's declaration for the necessity to provide sanitary sewer improvements with the Strimple, Kilbourne, and Minerva Avenues Assessment Sewer Project; and declared it necessary for the Director of Public Utilities to cause the preparation of plans and specifications required for the construction of said improvements under an assessment procedure; and

WHEREAS, Ordinance No. 1776-2004 as passed October 18, 2004 declared the determination of Columbus City Council to proceed with the construction of the sanitary sewer improvements associated with the Strimple, Kilbourne, and Minerva Avenues Assessment Sewer Project, in accordance with the assessment procedures set forth by the Columbus City Charter; and

WHEREAS, four competitive bids for construction of the Strimple, Kilbourne, and Minerva Avenues Assessment Sewer Project and a companion stormwater system improvement project that is being incorporated with this project; were received on March 8, 2006; and

WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to award and execute a contract for the aforementioned construction services, and to be authorized to expend sufficient funds for the payment of construction inspection and prevailing wage coordination services associated with the subject project; and

WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities in that it is immediately necessary for this Council to authorize the Director of Public Utilities to execute a contract with Complete General Construction Company, Inc., for the construction of the Strimple, Kilbourne, and Minerva Avenues Assessment Sewer Project, that is urgently needed to eliminate groundwater pollution hazards to the project area;

Columbus City Bulletin (Publish Date 07/29/06) 102 of 408 to authorize the appropriation and expenditure of funds; and an amendment to the 2006 Capital Improvements Budget to accommodate said expenditure; for the preservation of the public health, peace, property and safety; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the City Auditor is hereby authorized to appropriate the proceeds of the note issued by authority of Ordinance 0992-2006, for purposes of funding the property owners' share of the sanitary sewer improvements for the Strimple/Kilbourne/Minerval Avenues Assessment Sewer Project| Subfund No. 581| Obj. Level Three 6630| OCA Code 662619| Amount: $294,166.86.

Section 2. That the City Auditor is hereby authorized to transfer $126,024.45 within the Storm Sewer Bond Fund, Fund No. 685, Division of Sewerage and Drainage, Division 60-15, as follows:

FROM: 610704| Linden Area Storm Imp. | OCA Code: 685704| OL3: 6621| $126,024.45

TO: 610945| Cleveland Ave/Morse Rd. Drain. | OCA Code: 685945| OL3: 6621| $126,024.45

Section 3. That from the unappropriated monies in the Sewerage System Reserve Fund No. 654, and from all monies estimated to come into said fund from any and all sources, and unappropriated for any other purpose during the fiscal year ending December 31, 2006, the sum of $1,299,439.97 is hereby appropriated to the Division of Sewerage and Drainage, Division 60-05, Object Level One 10; Object Level Three 5502, OCA Code 901654.

Section 4. That the City Auditor is hereby authorized and directed to transfer $1,299,439.97, to the Sewer Assessment Fund No. 662| Strimple, Minerva, Kilbourne Assessment Subfund No. 581, at such time as deemed necessary by him, and to expend said funds, or so much thereof as may be necessary.

Section 5. That the City Auditor is hereby authorized to appropriate a total of $1,299,439.97 within the Sewer Special Assessment Fund No. 662| Div. 60-05| Strimple/Minerva/Kilbourne Subfund No. 581| OCA Code No. 662619| Object Level Three No. 6630| Amount: $1,299,439.97.

Section 6. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies no longer required for said project; except that no transfer shall be made from a project account by monies from more than one source.

Section 7. That the Director of Public Utilities be, and hereby is, authorized to award and execute a contract for the construction of the Strimple, Kilbourne, and Minerva Avenues Assessment Sewer Project, and the Cleveland Ave./Morse Rd. Drainage Improvements Project; with the lowest, best, responsive and responsible bidder, Complete General Construction Company, Inc., 1251 East Fifth Avenue, Columbus, Ohio 43212, in the amount of $2,782,102.98 in accordance with the terms and conditions of the Contract on file in the office of the Division of Sewerage and Drainage; to obtain the necessary construction inspection and prevailing wage coordination services and to pay up to a maximum of $278,210.30 thereof.

Section 8. That for the purpose of paying the cost of the construction contract, together with inspection and prevailing wage coordination services for the improvements, the expenditure of $3,060,313.28, or as much thereof as may be needed, is hereby authorized from Division of Sewerage and Drainage as follows:

Div. 60-05| Fund 662| Strimple/Minerva/Kilbourne Subfund No. 581| OCA Code No. 662619| Object Level Three No. 6630| Amount: $1,593,606.83; and

Div. 60-15| Fund 685| Project: 610945| Cleveland Ave./Morse Rd. Drainage Imp.| OCA 685945|Object Level Three No. 6621| Amount: $1,466,706.45.

Columbus City Bulletin (Publish Date 07/29/06) 103 of 408 Section 9. That the 2006 Capital Improvements Budget Ordinance No. 1059-2004 is hereby amended as follows, in order to provide sufficient budget authority for the execution of the subject stormwater and sanitary sewer improvements project:

CURRENT: Project 650619-Strimple/Minerve/Kilbourne - $0 Project 610945 - Cleveland Ave./Morse Rd. Drainage Imp. - $1,340,682 Project 610704 - Linden Area Storm Imp. - $1,235,941

AMENDED TO: Project 650619-Strimple/Minerva/Kilbourne-$1,593,606.83 |Fund 662-Sanitary Assessment Fund Project 610945 - Cleveland Ave./Morse Rd. Drainage Imp. - $1,466,707 (+$126,025) Project 610704 - Linden Area Storm Imp. - $1,109,916 (-$126,025)

Section 10. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1167-2006

Drafting Date: 06/19/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: For the option to establish two (2) UTC contracts for Moyno Pump Parts for the Division of Sewerage and Drainage, the largest user. The term of the proposed option contracts would be two (2) years, expiring July 31, 2008, with the option to renew for one (1) additional year. The Purchasing Office opened formal bids on April 27, 2006.

The Purchasing Office advertised and solicited competitive bids in accordance with Section 329.06 (Solicitation No. SA001971). 9 bids were solicited (MAJ-9), and 3 bids were received: (MAJ-3). One vendor was deemed non-responsive due to failure to return substantial parts of the bid package. The Purchasing Office is recommending award to the lowest, responsive, responsible and best bidder, Westcoast Rotor, Inc. as the primary contract holder, and award to Moyno, Inc., as the secondary contract holder for the purchase of replacement parts that are not offered on the primary contract:

Westcoast Rotor, Inc., MAJ, CC#95-3929147 expires 4/18/07, $1.00 Moyno, Inc., MAJ, CC#31-1605167 expires 6/23/07, $1.00 Total Estimated Annual Expenditure: $125,000.00, Division of Sewerage & Drainage, the largest user.

The companies are not debarred according to the Excluded Party Listing System of the Federal Government or prohibited from being awarded a contract according to the Auditor of State Unresolved Findings for Recovery Certified Search. This ordinance is being submitted as an emergency because, without emergency action, no less than 37 days will be added to this procurement cycle and the efficient delivery of valuable public services will be slowed.

FISCAL IMPACT: Funding to establish this option contract is budgeted in the Universal Term Contract Fund. City Agencies will be required to obtain approval to expend from their own appropriations for their estimated annual expenditures. Title To authorize and direct the Finance and Management Director to enter into two (2) contracts for the option to purchase Moyno Pump Parts with Westcoast Rotor, Inc. and Moyno, Inc., to authorize the expenditure of $2.00 to establish the contracts from the Universal Term Contract Fund, and to declare an emergency. ($2.00). Body

Columbus City Bulletin (Publish Date 07/29/06) 104 of 408 WHEREAS, the Purchasing Office advertised and solicited formal bids on April 27, 2006 and selected the lowest bidder as the primary contract holder, and selected the second lowest, reponsive bid as the secondary contract holder for use only in the event that the primary contract holder cannot supply the parts needed; and

WHEREAS, this ordinance addresses Purchasing objective of 1) maximizing the use of City resources by obtaining optimal products/services at low prices and 2) encouraging economic development by improving access to City bid opportunities and 3) providing effective option contracts for City agencies to efficiently maintain their supply chain and service to the public; and

WHEREAS, in order to maintain a supply of Moyno Pump Parts used in emergency situations, this is being submitted for consideration as an emergency measure; and

WHEREAS, an emergency exists in the usual daily operation of the Purchasing Office in that it is immediately necessary to enter into two (2) contracts for an option to purchase Moyno Pump Parts, thereby preserving the public health, peace, property, safety, and welfare; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Finance and Management Director be and is hereby authorized and directed to enter into the following contracts for the option to purchase Moyno Pump Parts in accordance with Solicitation No. SA001957 as follows:

Westcoast Rotor, Inc., Primary Contract, All Items, Amount: $1.00 Moyno, Inc., Secondary Contract, All Items, Amount: $1.00

SECTION 2. That the expenditure of $2.00 is hereby authorized from Universal Term Contract Fund, Organization Level 1: 45-50, Fund: 05-517, Object Level 3: 2270, OCA: 450020, to pay the cost thereof.

SECTION 3. That for the reason stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1170-2006

Drafting Date: 06/19/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationJune 19, 2006 06-033-606 BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into a professional services contract for Water Line Rehabilitation-Case Road 6-inch and Lehner Road 8-inch Water Main, Contract No. 1057, C.I.P. No. 690236 in conjunction with the 2006 Capital Improvement Program for the Division of Power and Water. In accordance with the provisions of Chapter 329.11, of the Columbus City Codes 1959, Request For Statement of Qualifications for ten (10) projects were received and reviewed from thirty-nine (39) engineering firms. The following three (3) firms were selected as finalists for this project and they submitted technical proposals by the deadline:

DLZ Ohio, Inc. Eluster L. Fields & Associates ADR & Associates, Ltd.

The proposals were judged on their technical merits by a point system. Based on the evaluations of the Selection Committee, DLZ Ohio, Inc. was selected. The Division of Power and Water does not have sufficient personnel to prepare the plans and specifications to complete this project in a timely manner. It is necessary to obtain the services of a consulting engineer so that the plans and specifications can be developed to facilitate the construction of this component of the Capital Improvement Program.

Columbus City Bulletin (Publish Date 07/29/06) 105 of 408 CONTRACT COMPLIANCE NUMBER: 31-126980

FISCAL IMPACT: This project was included in the 2006 C.I.B. and is being funded by current monies.

TitleTo authorize the Director of Public Utilities to enter into contract with DLZ Ohio, Inc. for the engineering design of the Water Line Rehabilitation- Case Road 6-inch and Lehner Road 8-inch Water Main for the Division of Power and Water, and to authorize the expenditure of $90,000.00 from the Water Works Enlargement Voted 1991 Bonds Fund. ($90,000.00)

BodyWHEREAS, the Division of Power and Water does not have sufficient personnel to prepare plans and specifications, for this 2006 Capital Improvement Project, therefore, making it necessary to obtain the services of consulting engineers, and

WHEREAS, it is necessary to authorize the Director of Public Utilities to enter into contract with a consulting engineer in order that this 2006 Capital Improvement Project may be completed at the earliest possible date for the preservation of public health, peace, property, safety and welfare; Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Public Utilities be and is hereby authorized to enter into a contract with DLZ Ohio, Inc., 6121 Huntley Road, Columbus, Ohio 43229 for the preparation of the Water Line Rehabilitation- Case Road 6-inch and Lehner Road 8-inch Water Main plans and specifications.

Section 2. That the sum of $90,000.00 or as much thereof as may be needed, be and the same is hereby authorized from the Water Works Enlargement Voted 1991 Bonds Fund No. 606, Department 60, Division 09, OCA Code 642900, Object Level Three 6629, Object Level One 06, Project Number 690236, Division of Water Contract Number 1057, to pay the cost thereof.

Section 3. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification from the Director of the department administering said project except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1174-2006

Drafting Date: 06/19/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationJune 19, 2006 06-032-606 BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into a professional services contract for Morse Road 36 inch Water Main, Contract No. 1059, C.I.P. No. 690474 in conjunction with the 2006 Capital

Columbus City Bulletin (Publish Date 07/29/06) 106 of 408 Improvement Program for the Division of Power and Water. In accordance with the provisions of Chapter 329.11, of the Columbus City Codes 1959, Request For Statement of Qualifications for ten (10) projects were received and reviewed from thirty-nine (39) engineering firms. The following three (3) firms were selected as finalists for this project and they submitted technical proposals by the deadline: ms consultants, inc. Stilson Consulting Group, LLC Benatec Associates, Inc.

The proposals were judged on their technical merits by a point system. Based on the evaluations of the Selection Committee, ms consultants, inc. was selected. The Division of Power and Water does not have sufficient personnel to prepare the plans and specifications to complete this project in a timely manner. It is necessary to obtain the services of a consulting engineer so that the plans and specifications can be developed to facilitate the construction of this component of the Capital Improvement Program.

CONTRACT COMPLIANCE NUMBER: 34-6546916

FISCAL IMPACT: The 2006 C.I.B. is being amended and funds are being transferred to provide the funding for this project.

TitleTo authorize the Director of Public Utilities to enter into contract with ms consultants, inc. for the engineering design of the Morse Road 36 inch Water Main for the Division of Power and Water, to amend the 2006 C.I.B., to authorize the City Auditor to transfer funds within the Waterworks Enlargement Voted 1991 Bonds Fund, and to authorize the expenditure of $171,000.00 from the Water Works Enlargement Voted 1991 Bonds Fund. ($171,000.00)

BodyWHEREAS, the Division of Power and Water does not have sufficient personnel to prepare plans and specifications, for this 2006 Capital Improvement Project, therefore, making it necessary to obtain the services of consulting engineers, and

WHEREAS, it is necessary to authorize the Director of Public Utilities to enter into contract with a consulting engineer in order that this 2006 Capital Improvement Project may be completed at the earliest possible date for the preservation of public health, peace, property, safety and welfare; Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Public Utilities be and is hereby authorized to enter into a contract with ms consultants, inc., 2221 Schrock Road, Columbus, Ohio 43229 for the preparation of the Morse Road 36 inch Water Main plans and specifications.

Section 2. That the City Auditor is hereby authorized and directed to transfer funds within the Waterworks Enlargement Voted 1991 Bonds Fund, Fund No. 606, Department of Public Utilities, Division of Power and Water, as follows:

From: 690448 McKinley Avenue 36" Water Main, OCA Code 606448 $171,000.00 To: 690474 Morse Road 36 inch Water Main, OCA Code 606474 $171,000.00

Columbus City Bulletin (Publish Date 07/29/06) 107 of 408 Section 3. That the sum of $171,000.00 or as much thereof as may be needed, be and the same is hereby authorized from the Water Works Enlargement Voted 1991 Bonds Fund No. 606, Department 60, Division 09, OCA Code 606474, Object Level Three 6629, Object Level One 06, Project Number 690474, Division of Power and Water Contract Number 1059, to pay the cost thereof.

Section 4. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification from the Director of the department administering said project except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 5. That Section 1, Public Utilities/Water 60-09 of Ordinance 1108-2006 is hereby amended as follows:

PROJECT 2006 NO. PROJECT BUDGET 690474 Morse Road 36 inch Water Main $1,171,000 *(1)* 690448 McKinley Avenue 36" Water Main $3,289,000 *(2)*

Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

2006 2006 ORIGINAL AMEMDED BUDGET BUDGET COMMENTS *(1)* $1,000,000 $1,171,000 AUTHORITY INCREASED *(2)* $3,460,000 $3,289,000 AUTHORITY DECREASED

Legislation Number: 1175-2006

Drafting Date: 06/20/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationJune 20, 2006 06-034-606 BACKGROUND: This contract provides for Utility Complex Vehicle Maintenance Garage Lifts. Competitive bids were received and opened for this project at the office of the Director of Public Utilities on May 24, 2006. One (1) bid was received on this project. The responsive and responsible bid was submitted by The Righter Company, Inc., 2424 Harrison Road, Columbus, Ohio, 43204. Contract to be awarded to same.

CONTRACT COMPLIANCE NUMBER: 31-0889208

FISCAL IMPACT: The 2006 C.I.B. is being amended and funds are being transferred to provide the funding for this project.

BIDDERS AMOUNT The Righter Company, Inc. $438,900.00

Columbus City Bulletin (Publish Date 07/29/06) 108 of 408 Complex Vehicle Maintenance Garage Lifts for the Division of Power and Water, to amend the 2006 C.I.B., to authorize the City Auditor to transfer funds within the Waterworks Enlargement Voted 1991 Bonds Fund, and to authorize the expenditure of $438,900.00 from the Water Works Enlargement Voted 1991 Bonds Fund. ($438,900.00)

BodyWHEREAS, the Director of Public Utilities did receive and open bids on May 24, 2006, for Utility Complex Vehicle Maintenance Garage Lifts, and

WHEREAS, a responsive and responsible bid has been received, and

WHEREAS, it is necessary to authorize the Director of Public Utilities to enter into a contract for Utility Complex Vehicle Maintenance Garage Lifts for the Division of Power and Water for the preservation of public health, peace, property, safety and welfare; Now, Therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Public Utilities is hereby authorized to enter into a contract with The Righter Company, Inc., 2424 Harrison Road, Columbus, Ohio, 43204, in the amount of $438,900.00 for construction of Utility Complex Vehicle Maintenance Garage Lifts for the Division of Power and Water, Department of Public Utilities, Contract No. 1072, Project No. 690292, on the basis of the most responsive and responsible bid received on May 24, 2006.

Section 2. That the City Auditor is hereby authorized and directed to transfer funds within the Waterworks Enlargement Voted 1991 Bonds Fund, Fund No. 606, Department of Public Utilities, Division of Water, as follows:

From: 690436 Fisher Booster Station Discharge Line, OCA Code 690436 $438,900.00 To: 690292 Utility Complex Garage, OCA Code 606292 $438,900.00

Section 3. That for paying the cost of construction, the expenditure of $438,900.00 or as much thereof as may be needed be, and the same is hereby authorized from the Water Works Enlargement Voted 1991 Bonds Fund No. 606, Department 60, Division 09, OCA Code 606292, Object Level Three Code 6621, Object Level One 06, Project No. 690292.

Section 4. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund, upon receipt of certification by the Director of the department administering said project; that the project has been completed and the monies are no longer required for said project, except that no transfer shall be so made from a project funded by monies from more than one source.

Section 5. That Section 1, Public Utilities/Water 60-09 of Ordinance 1108-2006 is hereby amended as follows:

PROJECT 2006 NO. PROJECT BUDGET 690292 Utility Complex Garage $438,900 *(1)* 690436 Fisher Booster Station Discharge Line $311,100 *(2)*

Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

2006 2006 ORIGINAL AMEMDED BUDGET BUDGET COMMENTS

Columbus City Bulletin (Publish Date 07/29/06) 109 of 408 *(1)* $0 $438,900 AUTHORITY INCREASED *(2)* $750,000 $311,100 AUTHORITY DECREASED

Legislation Number: 1184-2006

Drafting Date: 06/21/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation REZONING APPLICATION # Z05-050

APPLICANT: Olympus Communities, Ltd.; c/o Dave Perry; 145 East Rich Street; Columbus, Ohio 43215.

PROPOSED USE: Multi-family residential development.

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 11, 2006.

CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed PUD-8, Planned Unit Development District, would allow a maximum of 90 dwelling units within two, three, four and five-unit buildings for a density of 6.5 du/acres. The development standards include 3.7 acres of open space with preservation of existing trees in the open space and portions of the perimeter yard, street trees on the internal streets and along South Old State Road, sidewalks, landscaping, screening and lighting controls. The proposal is consistent with the recommendation of The Far North Plan (1994), and the zoning and development patterns of the area.

Title To rezone 9172 SOUTH OLD STATE ROAD (43035), being 14.5± acres located on the east side of South Old State Road, 347± feet north of Candlelite Lane, From: R, Rural District, To: PUD-8, Planned Unit Development District (Rezoning # Z05-050).

Body WHEREAS, application #Z05-050 is on file with the Building Services Division of the Department of Development requesting rezoning of 14.5± acres from R, Rural District, to PUD-8, Planned Unit Development District; and

WHEREAS, the Development Commission recommends approval of said zoning change; and

WHEREAS, the City Departments recommend approval of said zoning change because the proposal is consistent with the recommendation of The Far North Plan (1994), and the zoning and development patterns of the area. The proposed PUD-8, Planned Unit Development District, would allow a maximum of 90 dwelling units within two, three, four and five-unit buildings for a density of 6.5 du/acres. The development standards include 3.7 acres of open space with preservation of existing trees in the open space and portions of the perimeter yard, street trees on the internal streets and along South Old State Road, sidewalks, landscaping, screening and lighting controls; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:

9172 SOUTH OLD STATE ROAD (43035), being 14.5± acres located on the east side of South Old State Road, 347±

Columbus City Bulletin (Publish Date 07/29/06) 110 of 408 feet north of Candlelite Lane, and being more particularly described as follows:

DESCRIPTION OF A 14.452 ACRE TRACT LOCATED SOUTH OF POWELL ROAD AND EAST OF OLD STATE ROAD CITY OF COLUMBUS, DELAWARE COUNTY, OHIO

Situate in the State of Ohio, County of Delaware, City of Columbus, lying in Farm Lot 4, Section 3, Township 3, Range 18, and Farm Lots 15 and 22, Section 4, Township 3, Range 18 and being part of a 1.090 acre tract (0.949 acres) conveyed to Olympus Communities, LTD, by deed of record in Volume 527, Page 1220 and part of a 13.961 acre tract (13.503 acres) conveyed to Olympus Communities, LTD, by deed of record in Volume 467, Page 449, all records are from the Recorder's Office, Delaware County, Ohio, said 14.452 acre tract being more particularly described as follows:

BEGINNING FOR REFERENCE, at a point at the centerline intersection of Powell Road (60 feet-wide) and Old State Road (60 feet-wide)

Thence South 17°07'07" West, a distance of 516.76 feet, along the centerline of said Old State Road, to a railroad spike set in the centerline of Old State Road;

Thence South 87°01'49" East, a distance of 30.94 feet to an iron pipe set on the north line of said 1.090 acre tract and the easterly right-of-way line of said Old State Road, to an iron pipe set at the TRUE POINT OF BEGINNING;

Thence South 87°01'49" East, a distance of 212.23 feet, along the north line of said 1.090 acre tract and the First Amendment to the Retreat Condominium, of record in Plat Cabinet 3, Slide 604, to a 3/4 inch iron pipe found;

Thence the following two (2) courses and distances along the common lines of said 1.090 acre tract, said 13.961 acre tract and Additional Property of the Retreat Condominium as shown in Plat Cabinet 3, Slide 507:

1. South 16°45'36" West, a distance of 200.11 feet, to a 5/8 inch rebar found;

2. South 86°57'33" East, a distance of 425.26 feet, to a ¾ inch iron pipe found on the line between Farm Lot 3 and Farm 22;

Thence South 86°45'18" East, a distance of 276.27 feet, along the north line of said 13.961 acre tract, to a ¾ inch iron pipe found on the west line of Lot 30 as shown and delineated on the record plat of Prestwick Commons Section 1, a subdivision of record in Plat Cabinet 2, Slide 138;

Thence South 02°38'02" West, a distance of 594.31 feet, along the line common to said 13.961 acre tract, said Prestwick Commons Section 1 and Prestwick Commons Section 4, a subdivision of record in Plat Cabinet 2, Slide 322, to a 5/8 inch rebar found at the northeast corner of Lot 191 as shown and delineated on the record plat of Shuster Subdivision, a subdivision of record in Plat Book 7, Page 49;

Thence North 86°45'15" West, a distance of 1067.53 feet, along the line common to said 13.961 acre tract and said Shuster Subdivision, to an iron pipe set on the easterly right-of-way line of said Old State Road;

Thence North 17°07'07" East, a distance of 809.92 feet, along the easterly right-of-way line of said Old State Road, to the TRUE POINT OF BEGINNING, containing 14.452 acres of land more or less. Of which being 11.012 acres out of Farm Lot 4, 1.300 acres out of Farm Lot 22 and 2.140 acres out of Farm Lot 15. Being subject to all easements, restrictions, and rights-of-way of record.

Bearings are based on the State Plane Coordinate System from Delaware County Monuments 97-135 and 97-034. Ohio North Zone 1997 GPS Points.

Columbus City Bulletin (Publish Date 07/29/06) 111 of 408 To Rezone From: R, Rural District,

To: PUD-8, Planned Unit Development District.

SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the PUD-8, Planned Unit Development District on this property.

SECTION 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved PUD-8, Planned Unit Development District and Application among the records of the Building Services Division as required by Section 3311.09 of the Columbus City Codes; said plans being titled, "OLYMPUS LUXURY HOMES THE RETREAT AT POLARIS CONDOMINIUMS PHASE 2 POWELL ROAD 1 OF 2 AND 2 OF 2," and said notes being titled, "9712 South Old State Road PUD-8, Planned Unit Development," all dated May 25, 2006 and signed by Donald Plank, Attorney for the Applicant, and David B. Perry, Agent for the Applicant.

9712 South Old State Road PUD-8, Planned Unit Development May 25, 2006

PUD NOTES

1) Permitted Uses and Development Standards shall be as established in Chapter 3333, Apartment Residential Districts, as applicable to the AR-12, Apartment Residential District, except as noted in these PUD Notes, the Site Data Table and as depicted on the PUD Plan drawing, along with customary accessory uses, as permitted by Chapter 3333. The site will be developed with dwelling units offered for sale. The dwelling units will not be on separate lots and no lots shall be required. The buildings depicted on the Plan titled "Olympus Luxury Homes - The Retreat at Polaris Condominiums - Phase 2", dated May 25, 2006, hereinafter referred to as the "Plan", are five (5) dwelling units each. Developer may reduce the number of dwelling units per building, including providing two (2), three (3) and four (4) dwelling unit buildings, but no building shall exceed five (5) dwelling units and in no case shall there be more than 90 dwelling units. All on-site streets shall be private streets. Vehicular access to the site shall be provided from South Old State Road and internally with a vehicular connection(s) to the dwelling units to the north. 2) The development depicted on the Plan is illustrative of the planned development, but is subject to adjustment and modification with final engineering and final design. Any adjustment is subject to review and approval of the Development Director or designee. The plan depicts two (2) different styles of five (5) dwelling unit buildings. Developer may adjust the locations of the two different styles of buildings and provide more or less of a given style. All dwelling units are permitted patios and/or decks, but the patio/decks are not required. Decks and patios depicted on this drawing are illustrative as to size and location. 3) Minimum perimeter building and pavement setbacks shall be: Building Lines - South Old State Road - 50 feet, Perimeter Yard - 25 feet, except as building, parking and perimeter yard setbacks are noted on the Plan. The perimeter setbacks depicted hereon shall satisfy all requirements of Section 3333.255. A ten (10) foot perimeter yard is noted where the site abuts a development to the north. An emergency access drive crossing the perimeter yard is noted at the northwest corner of the development and shall be permitted. The development may be developed in phases, at developer's option. If developed is phases, there shall be no required perimeter yard setback from any internal phase line(s) or internal property lines(s) other than the current, existing perimeter property line of the 14.5 +/- acre tract. Perimeter yard shall only be applicable to the current perimeter property lines of the current 14.5 +/- acre tract. 4) Open Space shall be provided as depicted on this PUD plan. A 2.3 acre Open Space area is depicted generally along the south perimeter yard and southwest corner of the site. Trees of 6" caliper or greater, as well as smaller plant material within the Open Space area, as noted on the Plan, shall be preserved. Eight (8) new trees shall be randomly planted in the Open Space at the southwest corner of the site, as illustrated.

Columbus City Bulletin (Publish Date 07/29/06) 112 of 408 5) Stack parking in the driveway of a dwelling unit in front of the garage of each dwelling unit garage shall be permitted, subject to the garage door being no less than 18 feet from the edge of pavement of the internal street or interior edge of the private sidewalk, as applicable, as depicted on the plan. 6) A mixture of street and/or ornamental trees shall be planted along internal private streets generally as depicted on the Plan, subject to adjustment of the locations of trees if the number of dwelling units per building are changed. Trees shall meet the following minimum requirements at time of planting: Street trees - minimum 2 ½" caliper, Ornamental trees - 1 1/2 " caliper, Evergreen Trees - 5 - 6 height. Weather permitting, dead or diseased landscaping required by this text shall be replaced within 6 months. Earthen mounding to a height of three (3) feet and a minimum slope of 3:1 may be placed, but is not required, on the site, including in perimeter setbacks. Landscaping or other screening shall be placed around any low level ground mounted light fixtures to screen the fixtures. 7) Street trees shall be planted along South Old State Road at the rate of approximately one tree per 35 lineal feet, as depicted on the plan, except no street trees shall be required south of Building # 25. The street trees shall be incorporated into the 50 foot landscaped parking setback. Landscaping depicted on the Plan depicts planned landscaping. Trees shall be approximately evenly spaced and at a uniform setback. The type of tree shall be approved by the City Forester. Retaining walls and fencing may also be used in the setback. 8) The east 25 foot perimeter yard shall be landscaped at the rate of eight (8) trees per 100 lineal feet with the eight (8) trees consisting of a 3:1 ratio of evergreen trees to ornamental and/or street trees. Trees planted in the east perimeter yard shall be the following minimum size at time of planting: Street Tree - minimum 2 ½ " caliper, Ornamental Tree - 2 " caliper, Evergreen Tree - minimum 6 feet. Prior to or in conjunction with the Certificate of Zoning Clearance submittal, applicant/developer shall a) determine if there are trees of 6 inch caliper or greater in the east 25 foot setback and submit such determination with the Certificate of Zoning Clearance and b) if there are any trees of 6 inch caliper or greater in the east 25 foot setback, the trees are in good condition and the type of tree is not one listed in Section 912.16, Prohibited Species, Columbus City Code, applicant/developer shall make a good faith effort to preserve the tree(s) of 6 inch caliper or greater. Trees that are closer to the interior side of the east perimeter yard and that could reasonably be anticipated to not survive required grading, excavation or utility installation may be removed at applicants/developers discretion. Where trees of 6 inch caliper or greater are preserved, the required 8 trees per 100 lineal feet may be reduced consistent with best management practices for planting additional trees in close proximity to existing trees. 9) An open ditch exists on the site. The open ditch in the area of the site between the property line along the south side of South Old State Road and north line of Siphda Drive, shall remain open and undisturbed for 25 feet from centerline of the open ditch. Within this 50 foot (total) corridor, a) there shall be no grading, except where grading may be required adjacent to South Old State Road and Siphda Drive, b) existing trees of 6 inch caliper or greater, as noted on the plan, shall be preserved and 3) nine (9) new ornamental trees shall be planted. 10) The minimum net floor area for living quarters', as defined in Section 3303.13, Letter M, Columbus Zoning Code, shall be 1,400 square feet per dwelling unit for ranch units. Ranch units shall have a 700 square foot finished lower level in addition to the 1,400 square foot minimum area on the ground level. Other units (townhouse and 1 ½ story units shall have a minimum of 1,300 square feet on the first and second floors. Every townhouse and 1 ½ story unit shall have a basement, which may be finished as a buyer option. Every dwelling unit shall have an attached garage. 11) The development shall comply with the Parkland Dedication Ordinance (PDO), as applicable. 12) Utility crossing(s) may be required across perimeter setback/open space/buffer areas and shall be permitted for provision of utilities to the site. 13) Subject to approval of a Dumpster Waiver, refuse collection shall be provided by private hauler. All residents shall have a private refuse container(s). If a Dumpster Waiver is not granted or revoked by the City of Columbus, or if the dwelling unit Association requests refuse service by the City of Columbus, dumpsters will be provided in accordance with applicable city code. 14) Site lighting shall utilize fully shielded, cut-off light fixtures, or decorative light fixtures. Building mounted lighting shall be provided by wall mounted fixtures, such as coach lights, attached to the dwelling units. All external building mounted light fixtures shall be the same or similar for consistency in appearance and style. There shall be no pole-mounted lighting along the private streets. Lighting shall be

Columbus City Bulletin (Publish Date 07/29/06) 113 of 408 provided by wall mounted fixtures, such as coach lights, attached to the dwelling units. This provision shall not preclude dwelling units from having a pole mounted yard light, but the pole mounted light shall be no taller than eight (8) feet and shall be located adjacent to walks for access to dwelling units. 15) All new utility lines shall be installed underground unless the applicable utility company directs or requires otherwise. 16) Recreational and open space amenities, including gazebos, benches, walking paths, exercise stations or other amenities may be placed in areas designated as open space. 17) The private streets shall be designed with a minimum pavement width of 22 feet. a. Parking restrictions shall be limited to one side of the street and that no parking shall be permitted on either side of any street within 61' of street intersections. Fire Hydrants shall be located on the side of the street where no parking is permitted. Enforcement by the dwelling unit association shall be established by the rules and regulations of the association. b. Parking is not to be allowed anywhere but in garages, as designated on the site plan, on streets as set forth in note "a" above, and in driveways where applicable. There will be no parking allowed in alleys. In conjunction with note "a" above, the owner, developer, their successors and assigns (including the association of homeowners) must provide and maintain adequate and proper signage to designate all no parking zones. c. The owner, developer and/or the association of homeowners must establish and maintain an agreement(s) with private towing company(s), which agreement(s) authorize the private towing company(s) to remove/tow any vehicles parking in restricted areas. There may be one or more such agreements with one or more towing company(s), for any times/lengths, terms, etc., as the association determines, so long as at least one such agreement shall always be in force for the purposes of enforcement/removal/towing as required above. d. Towing agreements shall be filed with the Division of Fire, Fire Prevention Bureau upon execution of contract. e. The owner, developer, or the association of homeowners, as applicable, shall designate the City of Columbus as an authorized agent for the sole and specific purposes of enforcement of parking restrictions and the issuance of citations and/or removal of vehicles parked in violation of posted parking restrictions on private streets or alleys. 18) A temporary sales office shall be permitted prior to the development of model dwelling unit(s). 19) Graphics shall comply with the Columbus Graphics Code, Title 33, Article 15, of the Columbus City Code in accordance with AR-12, Apartment Residential district standards. Any modification of the applicable requirements of the AR-12, Apartment Residential district standards, other than as noted, shall be submitted to the Columbus Graphics Commission. Illumination, if any, of a ground sign or sign identifying the dwelling unit development that is incorporated into an entrance feature shall only be in the form of low level ground mounted lighting placed to project light directly at the sign face. Landscaping or other means shall be used to screen ground mounted light fixtures. 20) Public sidewalks will be provided in the South Old State Road right of way or on-site, as may be directed by the Division of Transportation. 21) Private sidewalks (4 feet wide), shall be provided on the internal private streets as depicted on the plan. If the property to the south of the site, on the north side of Candlelite Lane, is zoned for and developed with a retail commercial use, a four (4) foot wide concrete sidewalk will be extended from the private street stub to the south property line, across the south perimeter yard, subject to the zoning or applicable city code related to the retail commercial zoning/development being required to connect a sidewalk to the sidewalk to the south property line required by this section. If the zoning and/or approved design of the retail commercial site to the south does not require connection to the sidewalk to the south property line on this PUD site, there shall be no obligation to extend the sidewalk across the south perimeter yard of this site. If the sidewalk is built to the south property line, it shall be located and designed to eliminate or minimize removal of any tree of 6" caliper or greater in the south perimeter yard. 22) This PUD is located in flood hazard Zone X, as shown on the Federal Emergency Management Agency Insurance Rate Map Number 39041C0240J, effective April 21, 1999. 23) Building materials shall be traditional and natural in appearance and shall include brick and stone. No less than 35% of the exterior area, as measured net of window and door area, of each building, shall be brick or stone.

Columbus City Bulletin (Publish Date 07/29/06) 114 of 408 24) A landscaped entrance feature consisting of plant material, mounding, low walls and/or fencing is permitted and may be located in the South Old State Road setback subject to clear vision requirements and subject to any walls or fencing not exceeding a height of six (6) feet. 25) The site will be developed with dwelling units. No dwelling unit shall have more than two (2) bedrooms, per requirement of the Public Utilities Department in conjunction with administration of the City of Columbus/Delaware County Sanitary Sewer contract. Developer shall provide typical floor plans in conjunction with a request for a Certificate of Zoning Clearance to demonstrate compliance with two (2) bedrooms per dwelling unit. Applicant shall record a condominium plat and Declaration of Restrictions and Covenants applicable to all dwelling units and shall provide a copy of recorded condominium documents to the City of Columbus for placement in the Certificate of Zoning Clearance file as a record of compliance with the provisions of this section. The City of Columbus is not responsible for or a party to administration of any aspect of the condominium documents or condominium association.

SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1193-2006

Drafting Date: 06/22/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationThis legislation authorizes the Public Service Department, Transportation Division, to enter into a contract in an amount up to $11,633,701.59 for the McKinley Avenue (OPWC) project, and to pay construction inspection costs up to $1,047,033.00.

This project includes the complete reconstruction of McKinley Avenue from Central Avenue to Souder Avenue. The road will be widened from two uncurbed lanes to three lanes with curbing. The traffic signal at the McKinley Avenue/Central Avenue intersection will be improved. In addition, the total reconstruction of Hartford Avenue and John Street will be provided; this portion of the project consists of installing storm sewers, sanitary sewers and related sewer rehabilitation and relining work. The Notice to Proceed date is estimated at August 21, 2006. The contractor has been given 465 days to complete the construction of the project. The project was let by the Transportation Division and was advertised in the City Bulletin, Dodge Reports and by the Builders Exchange. Fourteen bidders/suppliers were solicited (thirteen majority, one minority) and three bids were received (three majority, no minority) and tabulated on June 16, 2006 as follows:

Bidder / Amount bid Kokosing Construction Company / $11,633,701.59 Complete General Construction Company / $11,641,113.48 Shelly and Sands, Incorporated / $11,871,487.78

Award is to be made to Kokosing Construction Company as the lowest, best, most responsive and most responsible bidder. Their contract compliance number is 31-1023518; this expires March 16, 2008.

Fiscal Impact: The total cost of this contract including construction inspection is $12,680,734.59. Ohio Public Works Commission funding in the amount of $2,275,000.00 is available for this project. The Transportation Division is funding approximately 59.58 percent of the remaining $10,405,734.59 expense to the City or $6,200,105.93. This sum is budgeted and available within the Transportation Division's 2006 Capital Improvements Budget in the 1995, 1999, 2004 Voted Streets and Highways Fund in the Federal/State Match project. The Sewerage and Drainage Division is funding approximately 40.42 percent of the remaining expense to the City or $4,205,628.66. A portion of this sum, $3,546,790.26, is budgeted and available within various projects within the Sewerage and Drainage Division's 2006 Capital Improvements Budget in the Storm Sewer Bond Fund. The balance of the money needed, $658,838.40, is available within the Sanitary Sewer Reserve Fund.

This ordinance appropriates the Sanitary Sewer Reserve Fund money and transfers the City funding from the Sanitary

Columbus City Bulletin (Publish Date 07/29/06) 115 of 408 Sewer Reserve Fund, the Storm Sewer Bond Fund and 1995, 1999, 2004 Voted Streets and Highways Fund to the State Issue Two Street Projects Fund. The City funding and the OPWC funding is then appropriated within and authorized for expenditure from the State Issue Two Street Projects Fund.

Emergency action is requested so that construction may commence August 21, 2006.

TitleTo appropriate $658,838.40 within the Sanitary Sewer Reserve Fund; to authorize the City Auditor to transfer $658,838.40 from the Sanitary Sewer Reserve Fund, $3,546,790.26 from the Storm Sewer Bond Fund and $6,200,105.93 from the 1995, 1999, 2004 Voted Streets and Highways Fund to the State Issue Two Street Projects Fund; to appropriate $12,680,734.59 within the State Issue Two Street Projects Fund; to amend the 2006 Capital Improvements Budget; to authorize the Public Service Director to enter into a contract with Kokosing Construction Company for construction of McKinley Avenue (OPWC) project for the Transportation Division; to authorize the expenditure of $12,680,734.59 from the State Issue Two Street Projects Fund and to declare an emergency. ($12,680,734.59)

BodyWHEREAS, bids were received on June 15 and tabulated on June 16, 2006 for the McKinley Avenue (OPWC) project and a satisfactory bid has been received; and

WHEREAS, it is necessary to provide for construction inspection costs; and

WHEREAS, it is necessary to amend the 2006 Capital Improvements Budget to provide sufficient funding and spending authority for this project; and

WHEREAS, an emergency exists in the usual daily operation of the Transportation Division in that the contract should be awarded immediately so that the work may so that construction may commence August 21, 2006, thereby preserving the public health, peace, property, safety and welfare; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That from the unappropriated monies in Fund 654, the Sewerage System Reserve Fund, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2006, the sum of $658,838.40 be and hereby is appropriated to the Sewerage and Drainage Division, Department No. 60-05, Object Level One Code 10; Object Level Three Code 5502, OCA Code 901654 and Project 650879.

SECTION 2. That the City Auditor be and hereby is authorized to transfer $746,790.26 within Fund 685, the Storm Sewer Bonds Fund, as follows:

TRANSFER FROM Project# / Project / Object Level One/Object Level Three Codes / OCA Code / Amount 610985 / Skyline Drive Storm Sewer Improvements (SSIs) / 06/6621 / 685985 / $50,000.00 610977 / Ashburton/Mayfair SSIs / 06/6621 / 685001 / $53,844.94 610973 / Idlewild Drive SSIs / 06/6621 / 685973 / $3,345.31 610775 / Evergreen/Dewberry SSIs / 06/6621 / 685001 / $84,000.00 610772 / Lockbourne Road SSIs / 06/6621 / 685001 / $180,000.00 610771 / Marion Road SSIs / 06/6621 / 685001 / $200,000.00 610761 / Safford/Union Area SSIs / 06/6621 / 685001 / $130,000.00 610965 / Greenhill Acres Subdivision SSIs / 06/6621 / 685965 / $45,600.01

Total Transfer From: $746,790.26

TRANSFER TO Project# / Project / Object Level One/Object Level Three Codes / OCA Code / Amount 610955 / McKinley Avenue Drainage Improvements / 06/6621 / 685955 / $746,790.26

Columbus City Bulletin (Publish Date 07/29/06) 116 of 408 Total Transfer To: $746,790.26

SECTION 3. That the City Auditor be and hereby is authorized to transfer $3,546,790.26 within Fund 685, the Storm Sewer Bond Fund, as follows:

TRANSFER FROM Project# / Project / Object Level One/Object Level Three Codes / OCA Code / Amount 610955 / McKinley Avenue Drainage Improvements / 06/6621 / 685955 / $3,546,790.26

Total Transfer From: $3,546,790.26

TRANSFER TO Project# / Project / Object Level One/Object Level Three Codes / OCA Code / Amount 610955 / McKinley Avenue Drainage Improvements / 10/5501 / 685955 / $3,546,790.26

Total Transfer To: $3,546,790.26

SECTION 4. That the City Auditor be and hereby is authorized to transfer $6,200,105.93 within Fund 704, the 1995, 1999, 2004 Voted Streets and Highways Fund, as follows:

TRANSFER FROM Project# / Project / Object Level One/Object Level Three Codes / OCA Code / Amount 530208 / Federal/State Match / 06/6631 / 644385 / $6,200,105.93

Total Transfer From: $6,200,105.93

TRANSFER TO Project# / Project / Object Level One/Object Level Three Codes / OCA Code / Amount 530208 / Federal/State Match / 10/5501 / 644385 / $6,200,105.93

Total Transfer To: $6,200,105.93

SECTION 5. That the City Auditor be and hereby is authorized to transfer $10,405,734.59 between Funds as follows:

TRANSFER FROM Fund / Project # / Project / Object Level One/Object Level Three Codes / OCA Code / Amount 654 / 650879 / McKinley Avenue west of Grandview Avenue / 10/5502 / 901654 / $658,838.40 685 / 610955 / McKinley Avenue Drainage Improvements / 10/5501 / 685955 / $3,546,790.26 704 / 530208 / Federal/State Match / 10/5501 / 644385 / $6,200,105.93

Total Transfer From: $10,405,734.59

TRANSFER TO Fund / Grant # / Grant / Object Level One/Object Level Three Codes / OCA Code / Amount 764 / 595011 / McKinley Avenue - Central to Souder / 80/0886 / 595011 / $10,405,734.59

Total Transfer To: $10,405,734.59

Columbus City Bulletin (Publish Date 07/29/06) 117 of 408 SECTION 6. That from the unappropriated balance in Fund 764, the State Issue Two Street Projects Fund, and from all monies anticipated to come into said Fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2006, the sum of $12,680,734.59 be and hereby is appropriated to Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631, ($11,633,701.59) and Object Level Three Code 6687 ($1,047,033.00), OCA Code 595011 and grant 595011.

SECTION 7. That the monies appropriated in the foregoing Sections 1 and 6 shall be paid upon the order of the Public Service Director and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.

SECTION 8. That the 2006 Capital Improvements Budget established within Ordinance 1108-2006 be and hereby is amended as follows:

PUBLIC UTILITIES/SEWERAGE AND DRAINAGE CURRENT: Project # / Project / Amount 610955 / McKinley Avenue Drainage Improvements / $2,800,000 610985 / Skyline Drive Storm Sewer Improvements (SSIs) / $50,000 610977 / Ashburton/Mayfair SSIs / $130,000 610973 / Idlewild Drive SSIs / $903,345 610775 / Evergreen/Dewberry SSIs / $168,000

AMENDED TO: Project # / Project / Amount / Change 610955 / McKinley Avenue Drainage Improvements / $3,546,791/ +$746,791 610985 / Skyline Drive SSIs / $0 / -$50,000 610977 / Ashburton/Mayfair SSIs / $0 / -$130,000 610973 / Idlewild Drive SSIs / $500,000 / -$403,345 610775 / Evergreen/Dewberry SSIs / $4,554 / -$163,446

SECTION 9. That the Public Service Director be and hereby is authorized to enter into a contract with Kokosing Construction Company, 886 McKinley Avenue, Columbus, Ohio 43222, for the construction of the McKinley Avenue (OPWC) project in an amount not to exceed $11,633,701.59 for the Transportation and Sewerage and Drainage Divisions in accordance with the specifications and plans on file in the office of the Public Service Director, which are hereby approved, and to obtain and pay for the necessary inspection costs associated with the project up to a maximum of $1,047,033.00. SECTION 10. That for paying the cost of said contract and construction inspection, the expenditure of $12,680,734.59 or so much thereof as may be needed be and hereby is authorized from Fund 764, the State Issue Two Street Projects Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631 ($11,633,701.59) and Object Level Three Code 6687 ($1,047,033.00), OCA Code 595011 and grant 595011. SECTION 11. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1194-2006

Columbus City Bulletin (Publish Date 07/29/06) 118 of 408 Drafting Date: 06/22/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: This legislation authorizes the Director of the Department of Development to amend the existing Enterprise Zone Agreement with Ohio Transmission Corporation. Columbus City Council, by Ordinance No. 1671-2002, passed on November 18, 2002, approved a 50% 5 year tax abatement on real property improvements for Ohio Transmission Corporation to invest $2,750,000 in real and personal property and create 10 new full-time jobs.

The need exists to amend the Enterprise Zone Agreement to include Carstens-Derrow Realty Co. as the owner of the real property and to commit Ohio Transmission Corporation to 79 jobs for retention. Subsequent to the approval of the incentive by Council, Ohio Transmission Corporation created Carstens-Derrow Realty Company as the real estate holding company.

The name of the new entity needs to be added to the Enterprise Zone Agreement to reflect the new property owner and to allow the Ohio Department of Taxation to proceed with approval of the tax abatement granted by council. In addition, the amendment will include a job retention commitment of 79 jobs retained by Ohio Transmission Corporation at the time the company entered into the Enterprise Zone Agreement.

Ohio Transmission Corporation has made progress on the commitments in the Enterprise Zone Agreement including the completion of a new 32,000 square foot facility. The Corporation has already surpassed its investment and job creation goals as of December 31, 2005.

FISCAL IMPACT: No funding is required for this legislation.

Title To authorize the Director of the Department of Development to amend the existing Enterprise Zone Agreement with Ohio Transmission Corporation to include Carstens-Derrow Realty Co. as the property owner and to establish 79 as the job retention commitment for the company.

Body WHEREAS, Columbus City Council, by Ordinance No. 1671-2002, passed November 18, 2002 authorized the Enterprise Zone Agreement; and

WHEREAS, the City entered into an Enterprise Zone Agreement with Ohio Transmission Corporation, effective February 10, 2003; and

WHEREAS, the Enterprise Zone Agreement provided a real property tax exemption of 50% for 5 years to Ohio Transmission Corporation based on an investment of $2,750,000 in real property improvements and the creation of 10 (ten) full time jobs; and

WHEREAS, Ohio Transmission Corporation created Carstens-Derrow Realty Co., an affiliate under common family ownership and common management to serve as a real estate holding company and owner of the real property at the project site; and

WHEREAS, Ohio Transmission Corporation has fulfilled and exceeded their investment and job creation commitment, and

WHEREAS, the Ohio Transmission Corporation and the City intended the Enterprise Zone Agreement to include a job retention commitment for the 79 existing jobs; and

Columbus City Bulletin (Publish Date 07/29/06) 119 of 408 WHEREAS, the Enterprise Zone Agreement should be amended to include Carstens-Derrow Realty Co. as the property owner and establish an employee retention number of 79 employees; and NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of the Department of Development is hereby authorized to amend the Enterprise Zone Agreement with Ohio Transmission Corporation to include Carstens-Derrow Realty Co. as the property owner and to establish an employee retention commitment of 79 (seventy-nine) full-time permanent jobs.

Section 2. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1195-2006

Drafting Date: 06/22/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Columbus Health Department operates the Ben Franklin Tuberculosis Clinic under a grant received from Franklin County. Radiology services are necessary to provide preliminary screenings of x-rays for patients. In October, 2005, a request for proposals for radiology services for a three-year period was advertised in the City Bulletin (SA001800). Proposals were received from Ohio Health (Grant/Riverside Hospitals) and Children's Hospital. A committee was established to evaluate the proposals, and it was decided to award contracts to both providers. The committee selected Ohio Health to perform x-rays on adults for a fee of $45.00 per two-view x-ray (PA and lateral). Children's Hospital was selected because of their expertise to perform x-rays on children. They are able to provide services at their single location for a fee of $75.00 per chest x-ray (both PA and Lateral views). Contract compliance numbers are: Ohio Health #31-4394942, and Children's Hospital #31-1439570. This ordinance will award the first year of a three-year contract to Ohio Health and Children's Hospital. Emergency action is requested to ensure continued services for T.B. patients.

FISCAL IMPACT: All expenditures from this contract will be fully reimbursed by a grant received from Franklin County for the TB Clinic. $166,000 was budgeted for these services in 2005. In 2006, the amount of $168,000 is budgeted for x-ray services in the Health Department Grants Fund.

Title To authorize the Board of Health to enter into contracts with Ohio Health (Grant/Riverside Hospitals) and Children's Hospital for the provision of radiology services for the Tuberculosis Clinic; to authorize the expenditure of $168,000 from the Health Department Grants Fund to pay the cost thereof; and to declare an emergency. ($168,000)

Body WHEREAS, proposals for radiology services were formally solicited through advertisement in the City Bulletin; and,

WHEREAS, Ohio Health (Grant/Riverside Hospitals) and Children's Hospital submitted proposals; and,

WHEREAS, the evaluation committee determined that it would be beneficial for the T.B. Program and patients to award contracts to both providers; and,

Columbus City Bulletin (Publish Date 07/29/06) 120 of 408 WHEREAS, emergency action is requested to ensure continued services for T.B. patients; and,

WHEREAS, an emergency exists in the usual daily operation of the Columbus Health Department in that it is immediately necessary to enter into the first year of a three-year contract with Ohio Health (Grant/Riverside Hospitals) and Children's Hospital for the preservation of the public health, peace, property, safety and welfare; Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Board of Health is hereby authorized to enter into contracts with the following providers for radiology services for the Ben Franklin Tuberculosis Clinic for the period January 1, 2006 through December 31, 2006:

Contractor Name Contract Amount Ohio Health (Grant/Riverside Hospitals) $135,000 Children's Hospital 33,000 Total Ordinance $168,000

SECTION 2. That the expenditure of $168,000 is hereby authorized from the Health Department Grants Fund, Fund No. 251, Department of Health, Division No. 50-01, Object Level One 03, Object Level Three 3351, OCA 504055.

SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1196-2006

Drafting Date: 06/22/2006 Current Status: Passed

Version: 2 Matter Type: Ordinance

Explanation REZONING APPLICATION: Z06-035

APPLICANT: Creative Housing, Inc.; c/o David Perry, Agent; The David Perry Company; 145 East Rich Street, 2nd Floor; Columbus, OH 43215; and Donald T. Plank, Atty.; Plank and Brahm; 145 East Rich Street; Columbus, OH 43215.

PROPOSED USE: Multi-family residential development.

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on June 8, 2006.

WESTLAND AREA COMMISSION RECOMMENDATION: Approval.

CITY DEPARTMENTS' RECOMMENDATION: Approval. Although not consistent with the Westland Area Plan (1994), the proposed PUD-6, Planned Unit Development District is consistent with the development and zoning patterns of the area. This rezoning would permit the development of two four-unit dwellings on 1.57± acres with 0.55± acres of which will be reserved for active and passive open space for residents. In addition, the applicant has agreed to provisions for street trees, sidewalks, lighting controls and underground utilities. These additional commitments are above and beyond the standards of the Zoning Code.

Title To rezone 5359 BRANDENBERRY DRIVE (43228), being 1.57± acres located on the south side of Brandenberry Drive,

Columbus City Bulletin (Publish Date 07/29/06) 121 of 408 200± east of Norton Road, From: CPD, Commercial Planned Development District, To: PUD-6, Planned Unit Development District and to declare an emergency. (Rezoning # Z06-035)

Body WHEREAS, application #Z06-035 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.57± acres from CPD, Commercial Planned Development District, to PUD-6, Planned Unit Development District; and

WHEREAS, the Development Commission recommends approval of said zoning change; and

WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance so permits can be submitted following closing for the immediate preservation of the public peace, property, health and safety; and

WHEREAS, the City Departments recommend approval of said zoning change because Although not consistent with the Westland Area Plan (1994), the proposed PUD-6, Planned Unit Development District is consistent with the development and zoning patterns of the area. This rezoning would permit the development of two four-unit dwellings on 1.57± acres with 0.55± acres of which will be reserved for active and passive open space for residents. In addition, the applicant has agreed to provisions for street trees, sidewalks, lighting controls and underground utilities. These additional commitments are above and beyond the standards of the Zoning Code, now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows;

5359 BRANDENBERRY DRIVE (43228), being 1.57± acres located on the south side of Brandenberry Drive 200± east of Norton Road, and being more particularly described as follows:

LEGAL DESCRIPTION

5359 BRANDENBERRY DRIVE 1.572 ACRES Z06-035

Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey No. 1474, containing 1.572 acres of land, more or less, said 1.572 acres, be3ing out of that 3.569 acre tract conveyed to Melvin D. Heck and Grant A. Mara, by Deed of Record in Official Record 9719, Page J17, all references being in the Recorder's Office, Franklin County, Ohio, and bounded and described as follows:

Beginning for reference at the point of intersection of the easterly right-of-way line of Norton Road with the southerly right-of-way line of Brandenberry Drive (said Brandenberry Drive right-of-way being fifty (50) feet in width), said point of intersection also being the northwesterly corner of said Melvin D. Heck and Grant A. Mara 3.569 acre tract;

Thence South 75° 05' 43" east with the southerly right-of-way line of Brandenberry Drive a distance of 30.00 feet to a point of curvature of a curve to the left;

Thence continuing along said right-of-way line, being the acre of said curve (Delta = 19° 56' 54, radius = 425.00 feet, an arc length of 147.97 feet) a chord bearing and distance of south 85° 04' 17" east, 147.23 feet to a point, the true place of beginning of the tract herein described;

Thence continuing along said right-of-way line and curve to the left, being the arc of said curve (Delta = 20° 03' 06",

Columbus City Bulletin (Publish Date 07/29/06) 122 of 408 Radius = 425.00 feet, an arc length of 147.74 feet) a chord bearing and distance of north 74° 55' 42" east, 117.98 feet to a point of reverse curvature;

Thence continuing along said right-of-way line with a curve to the right, being the arc of said curve (Delta = 26° 52' 54", Radius = 225.00 feet, an arc length of 105.57 feet) a chord bearing and distance of north 78° 20' 38" east, 104.60 feet to a point of tangency;

Thence continuing along said right-of-way line, north 88° 12' 34" east a distance of 3.32 feet to a point, said point being the northeasterly corner of said 3.569 acre tract;

Thence leaving said right-of-way line, south 14° 54' 17" west with the east line of said 3.569 acre tract, a distance of 364.04 feet to a point, said point being the northeasterly corner of a 1.102 acre tract conveyed to Norton Road Properties;

Thence with the northerly line of said 1.102 acre tract, north 74° 50' 45" west, a distance of 225.00 feet to a point;

Thence leaving said northerly line, north 14° 54' 17" east a distance of 241.64 feet to the place of beginning and containing 1.572 acres, more of less.

To Rezone From: CPD, Commercial Planned Development District,

To: PUD-6, Planned Unit Development District.

SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the PUD-6, Planned Unit Development District on this property.

SECTION 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved PUD-6, Planned Unit Development District and Application among the records of the Building Services Division as required by Section 3311.09 of the Columbus City Codes; said plan being titled, "SECTION 811 SUPPORT HOUSING 5359 BRANDENBERRY DRIVE, COLUMBUS OHIO 43228," signed by Donald Plank, Attorney for the Applicant, dated June 13, 2006 and said notes being titled "PUD NOTES 5359 Brandenberry Drive Z06-035," dated June 13, 2006 and reading as follows:.

PUD NOTES 5359 Brandenberry Drive Z06-035 June 13, 2006

1) Permitted Uses and Development Standards shall be as established in Chapter 3333, Apartment Residential Districts, as applicable to the AR-12, Apartment Residential District, except as noted in these PUD Notes, the Site Data Table and as depicted on the PUD Plan drawing. The site will be developed with two (2) dwellings with each dwelling containing four (4) dwelling units, in addition to incidental development related to the dwellings. Vehicular access to the site shall be from Brandenberry Drive. 2) The development depicted on the PUD drawing ("Site Plan", dated June 13, 2006, signed by David B. Perry, Agent, and Donald Plank, Attorney) depicts the planned development. Minor adjustment may be made to both the site plan and building foot prints with final design and engineering, subject to the review and approval of the Development Director or designee. 3) Minimum perimeter building and pavement setbacks shall be: Building Lines - Brandenberry Drive - 25 feet; Parking/Pavement setback from Brandenberry Drive - 25 feet; Perimeter yard setbacks shall be as noted on the PUD plan. The perimeter setbacks depicted on the PUD Plan shall satisfy all requirements of Section 3333.255. Sidewalks may be located in Perimeter yards. 4) Open Space shall be provided as depicted on this PUD plan. Open Space may have path(s), walks, patio(s), benches, barbecue area, games, such as shuffle board court, or other incidental development consistent with open space, recreational and leisure use of the open space area. Fencing, either decorative or privacy and not

Columbus City Bulletin (Publish Date 07/29/06) 123 of 408 exceeding six (6) feet in height, may be placed in the perimeter yard(s). Decorative fencing may be placed in the Brandenberry Drive setback, subject to applicable code provisions. 5) Street trees shall be planted along Brandenberry Drive at the rate of one (1) tree per 50 lineal feet. The street trees shall be incorporated into the 25 foot landscaped parking setback or in the right-of-way. 6) The following shall be the minimum size of plant material at installation: Street trees - minimum 2 ½" caliper, Ornamental trees - 1 1/2 " caliper, Evergreen Trees - 5 - 6 height. Weather permitting, dead or diseased landscaping required by this text shall be replaced within 6 months. 7) The development shall comply with the Parkland Dedication Ordinance (PDO), as applicable. 8) Utility crossing(s) may be required across perimeter setback/open space/buffer areas and shall be permitted for provision of utilities to the site. 9) Site lighting shall utilize fully shielded, cut-off light fixtures, or decorative light fixtures. Parking lot lighting shall not exceed 16 feet in height. 10) All new utility lines shall be installed underground unless the applicable utility company directs or requires otherwise. 11) Graphics shall comply with the Columbus Graphics Code, Title 33, Article 15, of the Columbus City Code in accordance with AR-12, Apartment Residential district standards. Any modification of the applicable requirements of the AR-12, Apartment Residential district standards, other than as noted, shall be submitted to the Columbus Graphics Commission. 12) A public sidewalk (5 feet wide) will be provided in the Brandenberry Drive right-of-way unless already included in an applicable road construction project or unless a waiver is obtained through the Public Service Department. The on-site private sidewalk shall connect to the Brandenberry Drive public sidewalk. 13) This PUD is located in flood hazard Zone X, as shown on the Federal Emergency Management Agency Insurance Rate Map Number 39049C0210G, effective August 2, 1995.

SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1202-2006

Drafting Date: 06/22/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The original contract for the Hap Cremean Water Plant Lagoon No. 1 Sludge Removal and Lagoon Modifications provided for construction services for the removal of sludge and improvements to the embankments. Due to unforeseeable subsurface conditions the Contractor encountered more sludge material. This modification provides for additional Construction services that could not be initially foreseen due to subsurface conditions encountered during the construction, which required additional sludge removal and disposal.

CC 329.16 CONTRACT MODIFICATIONS: 1. Amount of additional funds to be expended under this modification: $58,570.97 2. The extent of additional services could not be initially foreseen due to subsurface conditions encountered during construction. 3. The work under this contract modification is a continuation of work previously performed by the Contractor, therefore, no other processes were used for procurement of these services. 4. The cost of this modification is based on material and labor, and was negotiated between the Consultant and the City, as documented by the Consultant's quotation letter, and verified by the Project Engineer.

CONTRACT AMOUNT: Original contract amount $ 3,348,004.00 Modification No.1 $ 58,570.97

Columbus City Bulletin (Publish Date 07/29/06) 124 of 408 New contract amount $ 3,406,574.97

FISCAL IMPACT: The last authorization for expenditures for construction services on this project occurred June 30, 2005 for the original contract in the amount of $3,348,004.00. This project is included in the 2006 C.I.B. and $150,708.00 is budgeted.

CONTRACT COMPLIANCE NUMBER: 31-1023518

Title To authorize the Director of Public Utilities to modify the contract with Kokosing Construction Company, Inc., for the Hap Cremean Water Plant Lagoon No. 1 Sludge Removal and Lagoon Modifications project, for the Division of Power and Water , and to authorize the expenditure of $58,570.97 from the Waterworks Enlargement Voted 1991 Bonds Fund. ($58,570.97)

Body WHEREAS: Contract No. EL-005420 was authorized by Ordinance No. 1022-2005, passed June 30, 2005, was executed and approved by the City Attorney on July 19, 2005, and

WHEREAS: It is necessary to modify Contract No. EL-005420 to provide for Hap Cremean Water Plant Lagoon No. 1 Sludge Removal and Lagoon Modifications, and

WHEREAS: This modification provides for an increase of $58,570.97 to this contract, and

WHEREAS: This modification provides for additional construction services that could not be foreseen due to subsurface conditions encountered during the construction, and

WHEREAS: It is necessary to authorize the Director of Public Utilities to modify Contract No. EL-005420, for Hap Cremean Water Plant Lagoon Nos. 1 Sludge Removal and Lagoon Modifications project for the preservation of public health, peace, property and safety, now, therefore;

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS

Section 1. The Director of Public Utilities be and is hereby authorized to modify Contract No. EL-005420 with Kokosing Construction Company, Inc. in the amount of $58,570.97, for Hap Cremean Water Plant Lagoon Nos. 1 Sludge Removal and Lagoon Modifications project, for the Division of Power and Water , Department of Public Utilities, Contract No. 1030 Part 2, terms and conditions of which are on file in the office of the Division of Power and Water .

Section 2. That for the purpose of paying the cost thereof, the expenditure of $58,570.97 is hereby authorized from the Waterworks Enlargement Voted 1991 Bonds Fund, Fund 606, Department of Public Utilities, Division of Power and Water , Dept./Division No. 60-09, Object Level Three 6623, Project No. 690331, OCA Code 606331.

Section 3. The City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project; that the project has been completed and the monies are no longer required for said project except that no transfer shall be made from a project account funded by monies from more than one source.

Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1204-2006

Columbus City Bulletin (Publish Date 07/29/06) 125 of 408 Drafting Date: 06/23/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This legislation authorizes the transfer and expenditure of $47,500 from the General Fund to provide funds to enter into an agreement with the Columbus Downtown Development Corporation (CDDC) for a Downtown Columbus Streetcar feasibility study. The study will be done in concert with the Downtown Streetcar Working Group convened by Mayor Coleman. As a result of the Working Group, the City of Columbus, Franklin County Convention Facilities Authority, CDDC and the private sector have pledged $287,500 toward this study.

Fiscal Impact: The $47,500 will be transferred from surplus funds in the Planning Division, Personnel object level.

Title To authorize the transfer of $47,500 within the General Fund, Department of Development; to authorize the Director of the Department of Development to enter into a contract with the Columbus Downtown Development Corporation for a Downtown Columbus Streetcar feasibility study; and to authorize the expenditure of $47,500 from the General Fund. ($47,500)

Body WHEREAS, the Director of the Department of Development desires to transfer funds within the General Fund for the purpose of entering into an agreement with the Columbus Downtown Development Corporation; and

WHEREAS, under this agreement the Columbus Downtown Development Corporation will implement and oversee a feasibility study of a streetcar system for the Downtown area including routing, financing, ridership and the opportunity for ancillary economic development; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the City Auditor is hereby authorized and directed to transfer $47,500 within the Department of Development, General Fund, Fund 010 as follows:

FROM:

Division No. Object Level 0ne Object Level Three OCA Code Amount

44-06 01 1101 440336 $47,500

TO:

Division No. Object Level 0ne Object Level Three OCA Code Amount

44-01 03 3336 440313 $47,500

Section 2. That the Development Director is hereby authorized to enter into contract with the Columbus Downtown Development Corporation to implement and oversee a feasibility study of a streetcar system for the Downtown area.

Section 3. That the expenditure of $47,500, or so much thereof as may be necessary, from the Department of Development, Division 44-01, General Fund, Fund 010, OCA Code 440313, Object Level One 03, Object Level Three 3336 for the aforesaid purpose is hereby authorized.

Columbus City Bulletin (Publish Date 07/29/06) 126 of 408 Section 4. That this contract is awarded in accordance with Chapter 329.15 of the Columbus City Codes, 1959.

Section 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1205-2006

Drafting Date: 06/23/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This is consent legislation with the Ohio Department of Transportation (ODOT) for an Urban Paving project. This project intends to resurface a portion of U.S. 40 within the corporate limits of the City of Columbus as part of its District Six Urban Pavement Program. The scope of work for this project includes partial depth pavement reconstruction, plane and resurfacing pavement with asphalt concrete, and replacement of pavement markings and loop detectors. Project limits extend on U.S. 40 (West Broad Street) from Hague Avenue to Central Avenue. Preliminary Engineering will be performed by the City of Columbus. (FRA-US40-8.59 PID 79357)

Since a portion of this project lies within the City of Columbus, this consent ordinance is necessary. Construction of this project is scheduled for State Fiscal Year 2008. This legislation also authorizes the Public Service Director to enter into the necessary agreements to complete this project.

Fiscal Impact: The estimated total cost of this project is $550,000.00. The cost of construction for this project for the City is now estimated at $121,000.00. There is no funding required at this time from the City. TitleTo authorize the Public Service Director to enter into an agreement with the Director of the Ohio Department of Transportation and to grant consent and propose cooperation with the State of Ohio for this US 40 Urban Paving Project from Hague Avenue to Central Avenue for the Transportation Division. ($0) Body The following is an Ordinance enacted by the City of Columbus, Franklin County, Ohio, hereinafter referred to as the Local Public Agency (LPA), in the matter of the stated described project.

WHEREAS, the State has identified the need for the described project:

This project proposes to perform partial depth pavement reconstruction; plane and resurface pavement with asphalt concrete; and replace pavement markings and loop detectors. This project is a District Six Urban Paving project.

Project limits extend on US 40 (West Broad Street) from Hague Avenue to Central Avenue.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:

SECTION 1 - Consent Statement

Being in the public interest, the LPA gives consent to the Director of Transportation to complete the above-described project.

SECTION 2 - Cooperation Statement

Columbus City Bulletin (Publish Date 07/29/06) 127 of 408 The LPA shall cooperate with the Director of Transportation in the above-described project as follows:

That prior to the construction commencement date of the above-referenced project, the LPA shall install and/or repair all curb ramps which are necessary to ensure compliance with the Americans with Disabilities Act and the LPA agrees to assume and bear one hundred percent (100%) of the cost of such installation and/or repair of curb ramps.

The City agrees to assume and bear one hundred percent (100%) of the total cost of Preliminary Engineering and right of way, if applicable.

The City will assume and bear one hundred percent (100%) of the cost of construction less the amount of Federal and State funds set aside by the Director of Transportation and the Federal Highway Administration. The City will assume and bear one hundred percent (100%) of the cost of curbs, gutters, utility relocations, partial and full-depth pavement repairs and other non-surface related items. The City agrees to assume and bear one hundred percent (100%) of the total cost of those features requested by the City which are not necessary for the improvement as determined by the State and Federal Highway Administration.

The City hereby agrees to cooperate with the Director of Transportation of the State of Ohio in the planning, design and construction of the identified highway improvement project and grants consent to the Ohio Department of Transportation for its development and construction of the project in accordance with plans, specifications and estimates as approved by the Director.

In the event that the City requests certain features or appurtenances be included within the highway improvement project's design and construction, and which features and appurtenances are determined by the State and the Federal Highway Administration to be not necessary for the highway improvement project, the City shall, prior to the project being advertised for construction contract bidding purposes, provide appropriate documentation that its council has appropriated, and its Auditor has certified as being available for such specific purposes, funds sufficient in amount to cover one hundred percent of the costs of incorporating such additional features or appurtenances within the State's project, including preliminary engineering, final design, right-of-way, construction and construction engineering expenses as may be directly related thereto.

SECTION 3 - Utilities and Right-of-Way Statement

The LPA agrees that all right-of-way required for the described project will be acquired and/or made available, in accordance with current State and Federal regulations. The LPA also understands that right-of-way costs include eligible utility costs. The LPA agrees that all utility accommodation, relocation, and reimbursement will comply with the current provision of 23 CFR 645 and the ODOT Utilities Manual.

SECTION 4 - Maintenance

Upon completion of the project, and unless otherwise agreed, the LPA shall: (1)provide adequate maintenance for the project in accordance with all applicable state and federal law, including, but not limited to, Title 23, U.S.C., Section 116; (2) provide ample financial resources, as necessary, for the maintenance of the project; (3) maintain the right-of-way, keeping it free of obstructions; and (4) hold said right-of-way inviolate for public highway purposes.

SECTION 5 - Consultants and Authority to Sign

The Director of Public Service of said City is hereby empowered on behalf of the City of Columbus to enter into contracts with the Director of Transportation necessary to complete the above-described project.

SECTION 6 - This ordinance shall take effect and be in force from and after the earliest period allowed by law.

Columbus City Bulletin (Publish Date 07/29/06) 128 of 408 Legislation Number: 1209-2006

Drafting Date: 06/26/2006 Current Status: Passed

Version: 2 Matter Type: Ordinance

Explanation Rezoning Application # Z06-024

APPLICANT: Steven Keech; c/o David Gillespie, Attorney.; 65 East State Street, Suite 2100; Columbus, Ohio 43215.

PROPOSED USE: Multi-family residential development.

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0-1) on May 11, 2006.

CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The proposed development would permit a maximum of 5 dwelling units on the site, which could all be in one building. The site is adjacent to a single-family residence, across an alley from a single-family residence, and across the street from several two-family dwellings. An Area Rezoning reduced the intensity of the residential zoning in the area from R-4 to R-2F in 2005 (Z05-022), allowing residential development with a maximum of two-units per building. This property was left out of the rezoning since it is zoned in the C-4, Commercial District. The scale of the building, with five (5) dwelling units, is not consistent with the zoning and development patterns of the area or with the intent of the recent area rezoning to the R-2F, Residential District.

Title To rezone 28 EAST MOLER STREET (43206), being 0.28± acres located at the northwest corner of Moler Street and City Park Avenue, From: C-4, Commercial District, To: L-AR-1, Limited Apartment Residential District and to declare an emergency. (Rezoning # Z06-024)

Body WHEREAS, application #Z06-024 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.28± acres From: C-4, Commercial District, To: L-AR-1, Limited Apartment Residential District; and

WHEREAS, the Development Commission recommends approval of said zoning change; and

WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and

WHEREAS, the City Departments recommend disapproval of said zoning change because the scale of the building, with five (5) dwelling units, is not consistent with the zoning and development patterns of the area or with the intent of the recent area rezoning to the R-2F, Residential District. The proposed development would permit a maximum of 5 dwelling units on the site, which could all be in one building. The site is adjacent to a single-family residence, across an alley from a single-family residence, and across the street from several two-family dwellings. An Area Rezoning reduced the intensity of the residential zoning in the area from R-4 to R-2F, allowing residential development with a maximum of two-units per building. This property was left out of the rezoning since it is zoned in the C-4, Commercial District , now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:

Columbus City Bulletin (Publish Date 07/29/06) 129 of 408 28 EAST MOLER STREET (43206), being 0.28± acres located at the northwest corner of East Moler Street and City Park Avenue, and being more particularly described as follows:

Situated in the City of Columbus, in the County of Franklin and State of Ohio, and being more particularly described as follows:

Being Lot Numbers One (1) and Two (2) of Catherine Loechler's subdivision of Lot Number (6) of Nathaniel Merion's Amended Subdivision of a part of Half Section No. 29, Township No. 2, Range No. 22, Refugee lands, as the same are numbered and delineated on the recorded plat thereof, of record in Plat Book No. 2, page 355, Recorder's Office, Franklin County, Ohio.

EXCEPTING however from the above described premises Nine (9) feet off of the south end thereof, heretofore condemned by the City of Columbus, Ohio, for the purpose of widening Moler Street and excepting also twenty-six (26) feet, measured on the East line of said Lot Numbered Two (2) off of the north ends of said Lot Numbers One (1) and Two (2) above described and known as Number 28 East Moler Street, Columbus, Ohio.

TOGETHER with the seven (7) foot strip of an alley vacated by Columbus City Ordinance 37.249 passed June 28, 1926, and extending along the entire east side of the above described premises.

Altogether containing approximately .28 acres.

To Rezone From: C-4, Commercial District,

To: L-AR-1, Limited Apartment Residential District

SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the L-AR-1, Limited Apartment Residential District on this property.

SECTION 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved L-AR-1, Limited Apartment Residential District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said text being titled, "LIMITATION TEXT," signed by Steven D. Keech, Applicant , dated June 8, 2006, and the text reading as follows:

Limitation Text

PROPOSED DISTRICT: L-AR-1, Limited Apartment Residential District PROPERTY ADDRESS: 28 East Moler Street, Columbus, Ohio 43206 OWNER: City Park Investment Properties, LLC APPLICANT: Steven D. Keech DATE OF TEXT: June 8, 2006 APPLICATION NUMBER: Z06-024

1. INTRODUCTION:

Currently the approximately .28 acre parcel is zoned C-4 and is developed with an unoccupied commercial garage. There is commercial development to the northwest and residential development in all other directions. The owner desires to redevelop the property with five attached condominium homes each with two-car garages.

Columbus City Bulletin (Publish Date 07/29/06) 130 of 408

2. PERMITTED USES:

All AR-1 uses as listed in Section 3333.02 of the Columbus City Code.

3. DEVELOPMENT STANDARDS:

The number of dwelling units on the property shall be limited to five or less.

SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1211-2006

Drafting Date: 06/26/2006 Current Status: Passed

Version: 2 Matter Type: Ordinance

Explanation Council Variance Application: CV06-016

APPLICANT: Steve Keech; c/o David Gillespie; 65 East State Street, Suite 2100; Columbus, Ohio 43215.

PROPOSED USE: To permit reduced development standards for a five-unit dwelling in the L-AR-1, Limited Apartment Residential District

CITY DEPARTMENTS' RECOMMENDATION: Approval. This application is a companion Council variance to rezoning application Z06-024, which is a request to rezone from C-4, Commercial District to L-AR-1, Limited Apartment Residential District to allow a five (5) unit apartment house on the subject property. This variance will permit the building lines to be reduced from 25 feet to ten (10) feet along the City Park Avenue property line and 6'-10 3/4" along the Moler Street property line, and the maximum side yard to be reduced from 20% to 12.6% of the width of the lot. Staff supports this request as reduced side yards and building lines presently occur, and is consistent with the predominant development patterns of the area.

Title To grant a Variance from the provisions of Sections 3333.18, Building lines, and 3332.22, Maximum side yard required, for the property located at 28 EAST MOLER STREET (43206), to permit reduced development standards for a five-unit dwelling in the L-AR-1, Limited Apartment Residential District and to declare an emergency.(Council Variance #CV06-016)

Body WHEREAS, by application No. CV06-016, the owner of property at 28 MOLER STREET (43206), is requesting a Council variance to permit reduced development standards for multi-family residential development in the L-AR-1, Apartment Residential District; and

WHEREAS, Section 3333.18, Building lines, requires a minimum distance from the street property line of 25 feet, while the applicant proposes a ten (10) foot building line along the City Park Avenue property line and a 6'-10 3/4" building line along the Moler Street property line; and

WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately

Columbus City Bulletin (Publish Date 07/29/06) 131 of 408 necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and

WHEREAS, Section 3332.22, Maximum side yard required, requires that the sum of the widths of each side yard shall equal or exceed twenty (20) percent of the width of the lot, provided that no more than 16 feet shall be so devoted, while the applicant proposes the total sum of the side yard widths equal to 12.6%, a total of 14.4 feet, 1.6 feet less than the required amount; and

WHEREAS, City Departments recommend approval because reduced side yards and building lines presently occur, will not introduce a new standard into, and are compatible with the area. This variance will permit the building lines to be reduced from 25 feet to ten (10) foot along the City Park Avenue property line and 6'-10 3/4" along the Moler Street property line and the maximum side yard to be reduced from 20% to 12.6% of the width of the lot; and

WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and

WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and

WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and

WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 28 MOLER STREET (43206), in using said property as desired; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. Variances from the provisions of Sections 3333.18, Building lines and 3332.22, Maximum side yard required, for the property located at 28 MOLER STREET (43206), insofar as said sections prohibit a building with ten (10) foot and 6' 10 ¾" foot building lines along City Park Avenue and East Moler Street, respectively, on a corner lot and a 12.6% maximum side yard, said property being more particularly described as follows:

Situated in the City of Columbus, in the County of Franklin and State of Ohio, and being more particularly described as follows:

Being Lot Numbers One (1) and Two (2) of Catherine Loechler's subdivision of Lot Number (6) of Nathaniel Merion's Amended Subdivision of a part of Half Section No. 29, Township No. 2, Range No. 22, Refugee lands, as the same are numbered and delineated on the recorded plat thereof, of record in Plat Book No. 2, page 355, Recorder's Office, Franklin County, Ohio.

EXCEPTING however from the above described premises Nine (9) feet off of the south end thereof, heretofore condemned by the City of Columbus, Ohio, for the purpose of widening Moler Street and excepting also twenty-six (26) feet, measured on the East line of said Lot Numbered Two (2) off of the north ends of said Lot Numbers One (1) and Two (2) above described and known as Number 28 East Moler Street, Columbus, Ohio.

TOGETHER with the seven (7) foot strip of an alley vacated by Columbus City Ordinance 37.249 passed June 28, 1926, and extending along the entire east side of the above described premises.

Altogether containing approximately .28 acres.

SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a five-unit dwelling in the L-AR-1, Limited Apartment Residential District.

Columbus City Bulletin (Publish Date 07/29/06) 132 of 408 SECTION 3. That this ordinance is further conditioned on the development being consistent with the site plan and elevations titled, "CITY PARK CONDOS," signed and dated by the applicant Steve Keech, July 7, 2006. Any slight adjustments to the drawings shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.

SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.

SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1212-2006

Drafting Date: 06/26/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

..Explanation Rezoning Application Z06-010

APPLICANT: Plaza Properties, c/o Jackson B. Reynolds III, Atty.; Smith and Hale; 37 West Broad Street; Columbus, OH, 43215

PROPOSED USE: Private parking lot.

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0-1) on April 13, 2006.

VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.

CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-P-2, Limited Parking District, would provide replacement parking for the medical office building at 100 West Third Avenue. The subject site is a replacement parking lot for one located at 122 West Starr Avenue (Z86-072). The parking lot at 122 West Starr Avenue was dedicated for use by the office building located at 100 West Third Avenue. The parking lot at 122 West Starr Avenue is being redeveloped and therefore the dedicated parking spaces are being relocated to this site, which abuts 100 West Third Avenue to the west. Forty-four (44) parking spaces are required for the medical office building at 100 West Third Avenue (see Z86-072), and forty-eight (48) parking spaces are proposed in this application. Additionally, 19 parking spaces remain on-site at 100 West Third Avenue, providing a total of 67 parking spaces. The limitation overlay establishes appropriate development standards and the preliminary development plan includes substantial landscaping.

Title To rezone 94 WEST THIRD AVENUE (43201), being 0.49± acres located at the northeast corner of West Third Avenue and Apollo Place (010-017064), From: AR-O, Apartment Residential/Office District, To: L-P-2, Limited Public Parking District. (Rezoning # Z06-010).

Body WHEREAS, application #Z06-010 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.49± acres From: AR-O, Apartment Residential/Office District, To: L-P-2, Limited Public Parking District; and

WHEREAS, the Development Commission recommends approval of said zoning change; and

Columbus City Bulletin (Publish Date 07/29/06) 133 of 408 WHEREAS, the Victorian Village Commission recommends approval of said zoning change; and

WHEREAS, the City Departments recommend approval of said zoning change because the requested L-P-2, Limited Public Parking District would provide replacement parking for an existing medical office building located at 100 West Third Avenue. The subject site is a replacement parking lot for one located at 122 West Starr Avenue (Z86-072). The parking lot at 122 West Starr Avenue was dedicated for use by the office building located at 100 West Third Avenue. The parking lot at 122 West Starr Avenue is being redeveloped and therefore the dedicated parking spaces are being relocated to this site, which abuts 100 West Third Avenue to the west. Forty-four (44) parking spaces are required for the medical office building at 100 West Third Avenue (see Z86-072), and forty-eight (48) parking spaces are proposed in this application. Additionally, 19 parking spaces remain on-site at 100 West Third Avenue, providing a total of 67 parking spaces. The limitation overlay establishes appropriate development standards and the preliminary development plan includes substantial landscaping, now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:

94 WEST THIRD AVENUE (43201), being 0.49± acres located at the northeast corner of West Third Avenue and Apollo Place (010-017064), and being more particularly described as follows:

0.498 Acres

Situated in the State of Ohio, County of Franklin, City of Columbus, being 2.0' feet off the east side of Lot Number Six (6), all of Lots Numbered Seven (7) and Eight (8), and Lot Number Nine (9), excepting 18" inches off the east side thereof, in HERSHEISER AND ASTON ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 15, Recorder's Office, Franklin County Ohio, and being more particularly described as follows:

Beginning at the northeast corner of Apollo Place (40') and Third Avenue (60'), also being 2.0 feet west of the southeast corner of said Lot 6;

Thence, N 03° 18" 26" E, with the east line of Apollo Place and crossing said Lot 6, 180 feet +/-, to a point in the south line of a 30' alley, said point being 2.0 feet west of the northeast corner of said Lot 6;

Thence, S 86° 32' 51' E, with the north line of Lots 6 thru 9 and the south line of said 30' alley, 120 feet +/-, to a point, said point being 1.5 feet west of the northeast corner of Lot 9;

Thence, S 03° 14" 49" W, crossing said Lot 9, 179 feet +/-, to the north line of West Third Avenue, and being 1.5 feet west of the southeast corner of Lot 9;

Thence, N 86° 50' 71' W, with the north line of West Third Avenue and with the south line of Lots 6 thru 9, 120 feet +/- to the PLACE OF BEGINNING, containing 0.498 acres, more or less.

This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on June 22, 2006.

THIS DESCRIPTION IS NOT FOR RECORDING PURPOSE.

To Rezone From: AR-O, Apartment Residential/Office District,

To: L-P-2, Limited Public Parking District.

SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-P-2, Limited Public Parking

Columbus City Bulletin (Publish Date 07/29/06) 134 of 408 District on this property.

SECTION 3. That the Director of the Department of Development be, and he is hereby, authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved L-P-2, Limited Public Parking District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said plan being titled, "APOLLO SITE CONCEPT PLAN," and said text being titled, "LIMITATION PUBLIC PARKING DISTRICT," both signed by Jackson B. Reynolds III, Attorney for the Applicant, dated April 13, 2006, and the text reading as follows:

LIMITATION PUBLIC PARKING DISTRICT

PROPOSED DISTRICT: L-P-2, Limited Public Parking District PROPERTY ADDRESS: 94 West Third Avenue OWNER: The Jewell Group LLC APPLICANT: Plaza Properties DATE OF TEXT: 4/13/06 APPLICATION NUMBER: Z06-010

1. INTRODUCTION: The subject site is a replacement parking lot for one located at 122 West Starr Avenue (Z86-072). The parking lot at 122 West Starr Avenue was dedicated for use by the office building located at 100 West Third Avenue. The parking lot at 122 West Starr Avenue is being redeveloped and therefore the dedicated parking spaces are being relocated to this site, which abuts 100 West Third Avenue to the west.

2. PERMITTED USES: Those uses permitted in Section 3373.01, P-2, Public Parking District of the Columbus City Code. To serve the office building at 100 West Third Avenue.

3. DEVELOPMENT STANDARDS: Except as otherwise noted above and herein, the applicable development standards of Chapter 3373, P-2 Public Parking District, shall apply.

A. Density, Lot, and/or Setback Commitments.

1. Parking setback from West Third Avenue shall be 18 feet; from Apollo Place 10 feet and 0' along the alley.

B. Access, Loading, Parking, and/or Other Traffic Related Commitments.

1. There shall have no access to either West Third Avenue or Apollo Place, only the alley shall be used for access.

C. Buffering, Landscaping, Open Space, and/or Screening Commitments.

1. The perimeters of the parking lots adjacent to West Third Avenue and Apollo Place shall be mounded and landscaped in accordance with the requirements found in Columbus City Code 3373.01 and as shown on the submitted site plan.

2. The side yard next to the residentially used property to the east shall be buffered according to Columbus City Code 3373.01(H) and as shown on the submitted site plan.

3. Minimum size of trees shall be 2 1/2" caliper for deciduous trees, minimum of 4 foot height for evergreens and 11/2" caliper for ornamentals.

4. The landscaping required in this section count toward satisfying the landscaping requirements of Chapter 3342, of the Columbus City Code.

D. Building Design and/or Interior-Exterior Treatment Commitments.

N/A

Columbus City Bulletin (Publish Date 07/29/06) 135 of 408 E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments.

1. All waste and refuse shall be containerized and fully screened from view by a solid wall or fence, if provided on the site.

2. No materials, supplies, or product shall stored or permitted to remain on any portion or parcel outside a permitted structure.

F. Graphics and/or Signage Commitments.

1. All signage and graphics shall conform to Article 15 of the Columbus City Graphics Codes, as it applies to the P-2, Public Parking District. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.

G. Miscellaneous Commitments.

N/A

SECTION 4: That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1214-2006

Drafting Date: 06/26/2006 Current Status: Passed

Version: 2 Matter Type: Ordinance

Explanation Rezoning Application Z06-043

APPLICANT: Charles W. Johnson, Jr.; c/o Steven J. McCoy, Atty.; 45 North Fourth Street; Columbus, OH 43215.

PROPOSED USE: Create three lots for two existing single-family dwellings and for one new single-family dwelling.

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (3-1) on June 8, 2006.

CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested R-1, Residential District would permit single-family residential use consistent with established zoning and development patterns of the area.

Title To rezone 3575 LOCKBOURNE ROAD (43207), being 3.2± acres located on the west side of Lockbourne Road, 206± feet north of Maplewood Road, From: R, Rural District, To: R-1, Residential District and to declare an emergency. (Rezoning # Z06-043)

Body WHEREAS, application #Z06-043 is on file with the Building Services Division of the Department of Development requesting rezoning of 3.2± acres from R, Rural District, to the R-1, Residential District; and

WHEREAS, the Development Commission recommends approval of said zoning change; and

Columbus City Bulletin (Publish Date 07/29/06) 136 of 408 WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and

WHEREAS, the City Departments recommend approval of said zoning change because the requested R-1, Residential District would permit single-family residential use consistent with established zoning and development patterns of the area, now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:

3575 LOCKBOURNE ROAD (43207), being 3.2± acres located on the west side of Lockbourne Road, 206± feet north of Maplewood Road, and being more particularly described as follows:

LEGAL DESCRIPTION TRACTS #1, #2, & #3 COMBINED 3.201 ACRES

A small tract of land being the North part of a tract lying in the Northeast Quarter of Section 15, Township 4, Range 22, Mathews' Congress Lands in Hamilton Township, in the City of Columbus, Franklin County Ohio, as described in Instrument No. 200301170018203 and now more particularly described by metes and bounds as follows:

Beginning for reference at Franklin County Monument Box No. 8818 at the intersection of Williams Road and Lockbourne Road, South 00 degrees 08 minutes 00 seconds West along the centerline of Lockbourne Road 561.85 feet to a point for the Point of Beginning;

Thence continue South 00 degrees 08 minutes 00 seconds West along the centerline of Lockbourne Road 208.15 feet to a point;

Thence leaving said centerline South 89 degrees 34 minutes 59 seconds West 245.44 feet (passing an existing 1 inch iron pipe at 30.00 feet) the North line of the Amvets Post #1312 property (Instrument No. 200008090160155) to an existing 1 inch iron pipe with cap;

Thence South 00 degrees 15 minutes 09 seconds East 70.02 feet to an existing 1 ¼ inch iron pipe;

Thence South 89 degrees 56 minutes 44 second West 315.53 feet to a 5/8 inch rebar with cap stamped XYZ;

Thence North 00 degrees 14 minutes 54 seconds East along the East line of the Amended Allen E. McDowell's Lockbourne and Williams Road Acreage Subdivision as recorded in Plat Book 17 at page 299 in the Franklin County Records, 279.97 feet (passing an existing iron pipe at 149.97 feet) to a 5/8 inch rebar set with cap stamped XYZ;

Thence North 89 degrees 58 minutes 17 seconds East along the south line of the Mahmoud and Leslie P. Ahmadi property (Instrument No. 199803250069438) 559.93 feet (passing an existing 1 inch iron pipe at 529.93 feet) to the Point of Beginning.

Containing 3.201 acres all in Franklin County, Ohio.

Subject to all easements, reservations and rights-of-way of record.

Base line for bearings in this description and adjacent survey is South 00 degrees 08 minutes 00 seconds West, the centerline of Lockbourne Road.

Columbus City Bulletin (Publish Date 07/29/06) 137 of 408 Survey made December 19, 2005 by David E. Slagle, P.S. No. 7408

To Rezone From: R, Rural District,

To: R-1, Residential District

Section 2. That a Height District of thirty-five (35) feet is hereby established on the R-1, Residential District on this property.

Section 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division.

Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1216-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Columbus Health Department provides Chlamydia and gonorrhea testing for patients of the STD Clinic and various other clinics in the City of Columbus. The Columbus Health Department uses a highly effective DNA probe test kit for Chlamydia and gonorrhea testing. The DNA probe test kit has higher sensitivity, specificity, and transportability characteristics than other types of testing methods. Gen-Probe is the sole provider of the DNA probe test kit, which is the only FDA approved test kit available in the United States.

The Columbus Health Department, as a public health agency, receives discounted pricing for these DNA Probe test kits.

Emergency action is requested to ensure a sufficient supply of test kits for testing of patients of various clinics.

Gen-Probe's Contract Compliance # 330767987.

FISCAL IMPACT: Funding for this purchase is budgeted in the 2006 Health Special Revenue Fund.

Title To authorize the Director of Finance and Management to establish a purchase order with Gen-Probe for the purchase of Chlamydia and gonorrhea test kits for the Columbus Health Department in accordance with sole source provisions; to authorize the expenditure of $37,000 from the Health Special Revenue Fund; and to declare an emergency. ($37,000)

Body WHEREAS, the Columbus Health Department provides Chlamydia and gonorrhea testing for patients of the STD Clinic and various other clinics in the City of Columbus; and,

WHEREAS, the Columbus Health Department is in need of DNA test kits to provide the Chlamydia and gonorrhea testing; and,

WHEREAS, Gen-Probe is the sole supplier of DNA probe test kits; and,

WHEREAS, an emergency exists in the usual daily operation of the Columbus Health Department in that it is immediately necessary to enter into a contract with Gen-Probe for the immediate preservation of the public health, peace,

Columbus City Bulletin (Publish Date 07/29/06) 138 of 408 property, safety and welfare, and to ensure a sufficient supply of test kits for testing of patients of various clinics; Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Director of Finance and Management is hereby authorized to establish a purchase order with Gen-Probe for the purchase of Chlamydia and gonorrhea test kits.

SECTION 2. That the total expenditure of $37,000 is hereby authorized from the Health Special Revenue Fund, Fund No. 250, Department of Health, Department No. 50, Object Level One 02, Object Level Three 2293, OCA Code 502054.

SECTION 3. That this purchase is in accordance with the provisions of the Columbus City Code, Section 329.07(e), "Sole Source Procurement."

SECTION 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1217-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This legislation authorizes the appropriation and expenditure of $200,000 from the UDAG Fund and the expenditure of $1,368,836 from the CDBG Fund for a contract with the Community Capital Development Corporation for the administration of economic development loan programs. The Community Capital Development Corporation administered the economic development loan programs for the past two years and will continue to administer the loan programs from July 1, 2006 through June 30, 2007. The economic development loan programs include the Business Development Fund Loan Program, the Working Capital Loan Program and the Neighborhood Commercial Revitalization Loan Program.

The funding for the administration of this loan program and the actual loan funds will remain within the City of Columbus . CCDC will submit monthly requests for funds for administrative costs and will request loan funds on a case-by-case basis upon approval by a loan committee and the City of Columbus.

Emergency action is requested so that the agreement with the Community Capital Development Corporation can be executed immediately.

Fiscal Impact: This legislation authorizes the appropriation and expenditure of $200,000 from the UDAG Fund and the expenditure of $1,368,836 from the CDBG fund to provide funding for a contract with the Community Capital Development Corporation for the administration of economic development loan programs.

Title To authorize the appropriation of $200,000 from the UDAG Fund to the Department of Development; to authorize a contract with the Community Capital Development Corporation for the administration of economic development loan programs; to authorize the expenditure of $200,000 from the UDAG Fund; to authorize the expenditure of $1,368,836 from the CDBG Fund; and to declare an emergency. ($1,568,836.00)

Columbus City Bulletin (Publish Date 07/29/06) 139 of 408 Body WHEREAS, the Community Capital Development Corporation successfully administered the economic development loan programs from July 1, 2004 through June 30, 2006; and

WHEREAS, the City, Department of Development, Economic Development Division, wishes to continue the good working relationship with the Community Capital Development Corporation and is desirous of contracting with them for an additional year of administration of the loan programs; and

WHEREAS, the activities proposed by the Community Capital Development Corporation within this legislation are permitted by the Federal Department of Housing and Urban Development, (HUD) pursuant to 24 CFR, Part 570; and

WHEREAS, since its inception in 1981 Community Capital Development Corporation's sole purpose has been to underwrite, service and monitor loans and can undertake these objectives more efficiently, more accurately and more economically than City staff; and

WHEREAS, the need exists to work with the Community Capital Development Corporation to market economic development loan programs as part of an unified, one-stop, financing mechanism for new businesses; and

WHEREAS, the Community Capital Development Corporation will continue to promote the City of Columbus' philosophy of taking informed risk to assist businesses to grow and flourish; and

WHEREAS, all Economic Development loan administrative costs are eligible under CDBG funding guidelines; and

WHEREAS, emergency action is requested to allow CCDC to enter into a contract by the beginning of July 1, 2006 in order to expedite the underwriting and closing of loans already in process; and

WHEREAS, an emergency exists in the usual daily operation of the Department of Development, in that it is immediately necessary to authorize the appropriation and expenditure of said funds for a contract with Community Capital Development Corporation, thereby preserving the public health, peace, property, safety and welfare; Now, Therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That from the unappropriated monies in the fund known as the UDAG Fund, the sum of $200,000.00 be and is hereby appropriated to the Department of Development, Economic Development Division, Division No. 44-02, Fund No. 243, Subfund 018, Object Level One 03, Object Level Three 3336, OCA Code 496033.

Section 2. That the Director of the Department of Development is hereby authorized to enter into contract with the Community Capital Development Corporation for the administration of economic development loan programs.

Section 3. That for the purpose stated in Section 2, the expenditure of $1,368,836.00 or so much thereof as may be necessary, be and is hereby authorized to be expended from the CDBG Fund, Fund 248, Subfund 002, Department of Development, Economic Development Division, Division 44-02, Object Level One 03, Object Level Three 3336, OCA Code 496020.

Section 4. That for the purpose stated in Section 2, the expenditure of $200,000.00 or so much thereof as may be necessary, be and is hereby authorized to be expended from the UDAG Fund, Fund 243, Subfund 018, Department of Development, Economic Development Division, Division 44-02, Object Level One 03, Object Level Three 3336, OCA Code 496033.

Columbus City Bulletin (Publish Date 07/29/06) 140 of 408 Section 5. That this contract is awarded in accordance with Chapter 329.15 of the Columbus City Codes, 1959.

Section 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1218-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Columbus Health Department has been awarded a grant from the Ohio Department of Health. This ordinance is needed to accept and appropriate $160,000 in grant money to fund the Women's Health Initiative grant program, for the period July 1, 2006 through June 30, 2007.

The Women's Health Initiative program will allow for comprehensive women's health services including family planning. Eligible patients will include women from the CHD Perinatal Program at post partum and women who have had a negative pregnancy test through our walk-in pregnancy testing service.

This ordinance is submitted as an emergency so as to allow the financial transaction to be posted in the City's accounting system as soon as possible. Up to date financial posting promotes accurate accounting and financial management.

FISCAL IMPACT: The Women's Health Initiative program is funded by the Ohio Department of Health and program fee revenues.

Title To authorize and direct the Columbus Health Department to accept this grant from the Ohio Department of Health in the amount of $160,000; to authorize the appropriation of $160,000 from the unappropriated balance of the Health Department Grants Fund; and to declare an emergency. ($160,000)

Body WHEREAS, $160,000 in grant funds have been made available through the Ohio Department of Health for the Women's Health Initiative program for the period of July 1, 2006 through June 30, 2007; and,

WHEREAS, it is necessary to accept and appropriate these funds from the Ohio Department of Health for the support of the Women's Health Initiative program; and,

WHEREAS, this ordinance is submitted as an emergency so as to allow the financial transaction to be posted in the City's accounting system as soon as possible. Up to date financial posting promotes accurate accounting and financial management; and,

WHEREAS, an emergency exists in the usual daily operation of the Health Department in that it is immediately necessary to accept these grant funds from the Ohio Department of Health and to appropriate these funds to the Health Department for the immediate preservation of the public health, peace, property, safety and welfare, and to ensure immediate delivery of Women's Health services; Now, therefore,

Columbus City Bulletin (Publish Date 07/29/06) 141 of 408 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Columbus Health Department is hereby authorized and directed to accept a grant award totaling $160,000 from the Ohio Department of Health for the Women's Health Initiative program for the period July 1, 2006 through June 30, 2007.

SECTION 2. That from the unappropriated monies in the Health Department Grants Fund, Fund No. 251, and from all monies estimated to come into said Fund from any and all sources during the twelve months ending June 30, 2007, the sum of $160,000 is hereby appropriated to the Health Department, Division No. 50, as follows:

OCA: 507058; Grant No.: 507058; OL1: 01; Amount: $127,000 OCA: 507058; Grant No.: 507058; OL1: 02; Amount: $ 23,000 OCA: 507058; Grant No.: 507058; OL1: 03; Amount: $ 10,000

SECTION 3. That the monies appropriated in the foregoing Section 2 shall be paid upon the order of the Health Commissioner and that no order shall be drawn or money paid except upon voucher, the form of which shall be approved by the City Auditor.

SECTION 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1219-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Columbus Health Department has the need for interpretation services for non-English speaking clients at the three Columbus Health Department's Perinatal Clinics: East, North and West, for both intake and regular clinics. This ordinance authorizes the Board of Health to enter into a contract with the Ohio Hispanic Coalition for interpretation services for the period of July 1, 2006 through June 30, 2007, in an amount not to exceed $69,240.

These services were advertised on the City's website (SA001951) and the Ohio Hispanic Coalition was the lowest bidder.

Emergency action is requested in order to avoid any delays in providing program services.

FISCAL IMPACT: Funding for this contract is provided with grant funds from the Ohio Department of Health in the amount of $36,442, and with Health Special Revenue Funds in the amount of $32,798.

Title To authorize and direct the Board of Health to enter into a contract with the Ohio Hispanic Coalition for the provision of interpretation services for the Health Department's Perinatal Program, to authorize a total expenditure of $69,240 from the Health Department Grants Fund and the Health Special Revenue Fund, and to declare an emergency. ($69,240)

Body WHEREAS, the Columbus Health Department has a need for interpretation services for non-English speaking clients at the three Perinatal clinics; and,

WHEREAS, the Health Department currently has a contract with Ohio Hispanic Coalition which provides

Columbus City Bulletin (Publish Date 07/29/06) 142 of 408 interpretation and written translation services for clients of CHD perinatal clinic; and,

WHEREAS, contracting with community-based organizations has proven beneficial to CHD clients, the organizations, and to the City of Columbus; and,

WHEREAS, this ordinance authorizes the Board of Health to enter into a contract with the Ohio Hispanic Coalition for the period of July 1, 2006 through June 30, 2007; and,

WHEREAS, an emergency exists in the usual daily operation of the Health Department in that it is immediately necessary to contract with the Ohio Hispanic Coalition for the provision of interpretation services for the immediate preservation of the public health, peace, property, safety and welfare, and to avoid any delays in providing program services; Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Board of Health is hereby authorized to enter into a contract with the Ohio Hispanic Coalition for the provision of interpretation services for the period of July 1, 2006 through June 30, 2007.

SECTION 2. That to pay the cost of said contract, the expenditure of $36,442 is hereby authorized from the Health Department Grants Fund, Fund No. 251, Department of Health, Department No. 50, Object Level One 03, Object Level Three 3445, Grant No. 506018, OCA Code 506018.

SECTION 3. That to pay the cost of said contract, the expenditure of $32,798 is hereby authorized from the Health Special Revenue Fund, Fund No. 250, Department of Health, Department No. 50, Object Level One 03, Object Level Three 3445, OCA Code 502047.

SECTION 4. That the City Auditor is authorized to make any accounting changes necessary to ensure that this contract is properly accounted for and recorded accurately on the City's financial records.

SECTION 5. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1220-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Board of Health has been awarded grant funds from the Ohio Department of Health to fund the Child and Family Health Services (CFHS) Perinatal Program for the period July 1, 2006 through June 30, 2007. The Health Department has a need to make funds available for the CFHS program to provide for child and adolescent services from the Council on Healthy Mothers and Babies.

Council on Healthy Mothers and Babies will provide staffing for ongoing activities to address the prenatal care capacity crisis in Franklin County, including staffing and support to community meetings and committee work, and assessing system capacity among providers who serve un- and underinsured women including Medicaid eligible women. Council will also provide staffing to ongoing community group addressing SIDS risk reduction and safe sleep and provide for materials for educating the community.

Columbus City Bulletin (Publish Date 07/29/06) 143 of 408 These services were advertised on the City's website (SA001950) and the Council on Healthy Mothers and Babies was the only submitted bid.

Emergency action is requested in order to avoid any delays in providing program services.

FISCAL IMPACT: Funding for this expenditure is provided with Grant Funds from the Ohio Department of Health in the amount of $25,000.

Title To authorize and direct the Board of Health to enter into a contract with Council for Healthy Mothers and Babies for the provision of child and adolescent services for the perinatal program; to authorize the expenditure of $25,000 from the Health Department Grants Fund; and to declare an emergency. ($25,000)

Body WHEREAS, the Board of Health has a need for Council on Healthy Mothers and Babies to provide child and adolescent services for the perinatal program for the period of July 1, 2006 through June 30, 2007, and,

WHEREAS, Council for Healthy Mothers and Babies has the expertise to provide such services to patients in the Child and Family Health Services Perinatal Program; and,

WHEREAS, an emergency exists in the usual daily operation of the Health Department in that it is immediately necessary to enter into this contract for the immediate preservation of the public health, peace, property, safety and welfare, and to avoid any delays in providing services; Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Board of Health is hereby authorized and directed to enter into a contract with Council on Healthy Mothers and Babies to provide child and adolescent services for the period of July 1, 2006 through June 30, 2007, in an amount not to exceed $25,000.

SECTION 2. That to pay the cost of said contract, the expenditure of $25,000 is hereby authorized from the Health Department Grants Fund, Fund No. 251, Department of Health, Department No. 50, Object Level One 03, Object Level Three 3351, Grant No. 506018, OCA Code 506018.

SECTION 3. That the City Auditor is authorized to make any accounting changes necessary to ensure that this contract is properly accounted for and recorded accurately on the City's financial records.

SECTION 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1221-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Need: The Division of Police, Department of Public Safety, needs to contract for security installation and moving services for the new public record warehouse at 2077 Parkwood Ave. The existing records will be removed from the old location and moved to the new warehouse in addition security installation is needed in order to protect the personnel and contents

Columbus City Bulletin (Publish Date 07/29/06) 144 of 408 of the new facility.

Bid Information: SO022879 for moving services were opened on June 15, 2006 and Lewis & Michael Inc. in the amount of $3,975.00 was the lowest, most responsive, responsible and best bidder. The security installation is by Matrix Systems, Inc. in the amount of $10,447.00 which is the supplier for the security systems in all the Police facilities and necessary so that all security systems interact with each other and only one badge system is needed.

All companies listed are not debarred according to the Federal excluded parties listing or prohibited from being awarded a contract according to the Auditor of State unresolved findings for recovery certified search.

Contract Compliance: Lewis & Michael, Inc. 31-0667955; Matrix Systems, Inc. 31-0902711

FISCAL IMPACT: Funds are available in the Safety Capital Improvement Funds for the relocation of the public records warehouse.

Emergency Designation: Emergency legislation is requested since it is imperative to move to the new location which is ready for occupancy as soon as possible and terminate lease payments in the old location.

Title To authorize and direct the Director of Public Safety to enter into contract with Lewis & Michael Inc. for moving services and Matrix Systems Inc. for security installation for the new Public Warehouse, to authorize the expenditure of $14,422.00 from the Safety Capital Improvement Funds; and to declare an emergency. ($14,422.00)

Body WHEREAS, the Division of Police, Department of Public Safety, needs to remove contents from old location for the new public records building; and

WHEREAS, the Division of Police, Department of Public Safety, needs to have security installation completed for the new location to protect personnel and contents; and

WHEREAS, there is a need for moving contents and security installation for the operation to be fully functional; and

WHEREAS, Lewis & Michael, Inc. was the lowest most responsive, responsible and best bidder and Matrix Systems Inc., the supplier for all of the security systems within the Division of Police; and

WHEREAS, the funding source for this purchase will come from Police Facility Renovations Fund 701; and

WHEREAS, an emergency exists in the usual daily operations of the Division of Police in that it is immediately necessary to authorize the Director of Public Safety to enter into contracts for moving expense and security installation so that public records warehouse is fully functional, thereby preserving the public health, peace, property, safety, and welfare; now therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Public Safety be and is hereby authorized to enter into contract with Lewis & Michael, Inc. for the moving expenses and to enter into contract with Matrix Systems, Inc. for security installation for the new building that will house division's public records warehouse and personnel.

Section 2. That the expenditure of $14,422.00 or so much thereof as may be needed , be and the same is hereby authorized as follows: |DIV 30-03 | FUND 701 | OL1 06 | OL3 6620 | OCA 330023 |Project 330023| AMOUNT $14,422.00

Section 3. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby

Columbus City Bulletin (Publish Date 07/29/06) 145 of 408 declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1226-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: A modification to Contract No. EL005395 is needed for additional professional services related to Brentnell Recreation Center Design.

Amount of modification is $72,000.00 bringing the total modified contract cost to $232,000.00.

Additional services include design development, site analysis, construction documents, and additinal construction administration related to the overall construction costs.

The Contract Compliance Number for Schorr and Associates Architects is #03-0499713.

Emergency legislation is requested as a majority of the work is complete.

Fiscal Impact: $72,000.00 is required and budgeted in the Parks and Recreation Voted 1999/2004 Bond Fund to meet the financial obligation of this contract modification.

Title To authorize and direct the Director of Recreation and Parks to modify the contract with Schorr and Associates Architects for additional professional services related to Brentnell Recreation Center Design, to authorize the expenditure of $72,000.00 from the Parks and Recreation Voted 1999/2004 Bond Fund, and to declare an emergency. ($72,000.00)

Body WHEREAS, it is necessary to modify the contract with Schorr and Associates Architects for professional services related to Brentnell Recreation Center Design; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to modify said contract as a majority of this work is complete; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to modify Contract No. EL000530 with Schorr and Associates Architects for additional professional services related to Brentnell Recreation Center Design, in accordance with plans and specifications on file in the Recreation and Parks Department.

Section 2. That the expenditure of $72,000.00, or so much thereof as may be necessary, be and is hereby authorized from the Parks and Recreation Voted 1999/2004 Bond Fund No. 702, Dept. No. 51-01, as follows, to pay the cost thereof.

Fund Type Project No. Object Level 3 OCA Code Amount Cap. Proj. 510035 6681 644526 $72,000.00

Columbus City Bulletin (Publish Date 07/29/06) 146 of 408 Section 3. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1227-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Columbus Health Department has been awarded a grant from the Ohio Department of Health. This ordinance is needed to accept and appropriate $4,384,661 to fund the Women, Infants and Children grant program, for the period October 1, 2006 through September 30, 2007.

The primary objective of the Women, Infants and Children (WIC) program is to provide nutritionally desirable food and nutrition education to pregnant and lactating women as well as infants and children at nutritional risk in Franklin County who meet categorical, income and nutritional risk requirements for eligibility.

This ordinance is submitted as an emergency so as to allow the financial transaction to be posted in the City's accounting system as soon as possible. Up to date financial posting promotes accurate accounting and financial management.

FISCAL IMPACT: The Women, Infants and Children Program is entirely funded by the Ohio Department of Health. This program does not generate any revenue or require a City match.

Title To authorize and direct the Board of Health to accept this grant from the Ohio Department of Health in the amount of $4,384,661; to authorize the appropriation of $4,384,661 from the unappropriated balance of the Health Department Grants Fund; and to declare an emergency. ($4,384,661)

Body WHEREAS, $4,384,661 in grant funds have been made available through the Ohio Department of Health for the Women, Infants and Children program for the period of October 1, 2006 through September 30, 2007; and,

WHEREAS, it is necessary to accept and appropriate these funds from the Ohio Department of Health for the continued support of the WIC program; and,

Columbus City Bulletin (Publish Date 07/29/06) 147 of 408 WHEREAS, this ordinance is submitted as an emergency so as to allow the financial transaction to be posted in the City's accounting system as soon as possible. Up to date financial posting promotes accurate accounting and financial management; and,

WHEREAS, an emergency exists in the usual daily operation of the Health Department in that it is immediately necessary to accept these grant funds from the Ohio Department of Health and to appropriate these funds to the Health Department for the immediate preservation of the public health, peace, property, safety and welfare; Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Board of Health is hereby authorized and directed to accept a grant award totaling $4,384,661 from the Ohio Department of Health for the Women, Infants and Children program for the period October 1, 2006 through September 30, 2007.

SECTION 2. That from the unappropriated monies in the Health Department Grants Fund, Fund No. 251, and from all monies estimated to come into said Fund from any and all sources during the twelve months ending September 30, 2007, the sum of $4,384,661 is hereby appropriated to the Health Department, Division No. 50, as follows: Object OCA Grant No. Level One Purpose Amount 506016 506016 01 Personnel Services $3,655,482 506016 506016 02 Materials & Supplies $ 16,000 506016 506016 03 Services-Operation & Maint. $ 713,179 Total for Grant No. 506016 $4,384,661

SECTION 3. That the monies appropriated in the foregoing Section 2 shall be paid upon the order of the Health Commissioner and that no order shall be drawn or money paid except upon voucher, the form of which shall be approved by the City Auditor.

SECTION 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1228-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Board of Health has been awarded $4,384,661 in grant funds from the Ohio Department of Health to fund the Women, Infants and Children (WIC) Program for the period October 1, 2006 through September 30, 2007. The Columbus Health Department has been designated as the primary grantee agency and administrator for all WIC programs in Franklin County. The grant funds awarded provide for a contract with Children's Hospital for $427,335, for the operation of a WIC clinic at their facility. The contract compliance number for Children's Hospital is 31-4379441.

The terms and conditions of the WIC grant stipulate that the Columbus Health Department enter into a contract with Children's Hospital; therefore, this contract was awarded in compliance with Section 329.02 of the Columbus City Code.

Emergency action is requested in order to avoid any delays in providing program services.

Columbus City Bulletin (Publish Date 07/29/06) 148 of 408 FISCAL IMPACT: The Women, Infants and Children Program is entirely funded by the Ohio Department of Health. This program does not generate any revenue or require a City match.

Title To authorize and direct the Board of Health to enter into a contract with Children's Hospital for the provision of a WIC clinic; to authorize the expenditure of $427,335 from the Health Department Grants Fund; to waive the provisions for competitive bidding in the Columbus City Codes; and to declare an emergency. ($427,335)

Body WHEREAS, The Board of Health has designated the Columbus Health Department as primary grantee agency and fund administrator for all WIC programs in Franklin County; and,

WHEREAS, Children's Hospital will staff and operate a WIC clinic in accordance with State WIC guidelines; and,

WHEREAS, an emergency exists in the usual daily operation of the Health Department in that it is immediately necessary to enter into this contract in order to ensure timely delivery of services for the immediate preservation of the public health, peace, property, safety and welfare; Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Board of Health is hereby authorized and directed to enter into a contract with Children's Hospital for the provision of a WIC clinic for the period of October 1, 2006 through September 30, 2007, in an amount not to exceed $427,335.

SECTION 2. That for the contract stated above, the sum of $427,335 is hereby authorized to be expended from the Health Department Grants Fund, Fund No. 251, Grant No. 506016, Division No. 50-01, OCA Code 506016, Object Level One 03, Object Level Three 3351.

SECTION 3. That this contract is in compliance with Section 329.02 of the Columbus City Code.

SECTION 4. That in accordance with 329.27 of the Columbus City Code, this Council finds the best interest of the city is served by waiving, and does hereby waive Section 329.06 (Competitive Sealed Bidding) of the Columbus City Code..

SECTION 5. That the City Auditor is authorized to make any accounting changes necessary to ensure that this contract is properly accounted for and recorded accurately on the City's financial records.

SECTION 6.That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Columbus City Bulletin (Publish Date 07/29/06) 149 of 408 Legislation Number: 1229-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: Columbus City Council passed Ordinance number 0423-2006 on March 13, 2006 for the Division of Power and Water to purchase water treatment chemical carbon dioxide from EPCO Carbon Dioxide Products (UL005269). On June 23, 2006 EPCO Carbon Dioxide Products notified the City that they could no longer continue to service the City's carbon dioxide requirements effective immediately. This water treatment chemical is critical to the Division's ability to maintain a safe and clean drinking water supply to the City of Columbus and surrounding communities. The Division of Power and Water, based on the provisions of Columbus City Code Section 329.27, has received the Mayor's permission, from a letter dated June 27, 2006, to immediately purchase carbon dioxide and to work with the Purchasing Office to ensure a competitive process, for this project. The Purchasing Office informally solicited bids from all known suppliers of carbon dioxide. Of the five known suppliers of carbon dioxide Praxair was the lowest, responsive, and responsible bid received. Currently the Purchasing Office is in the process of formally advertising for bids with the intention of having a contact in place by August 1, 2006. The Division of Power and Water would like to enter into a contract with Praxair, for carbon dioxide, in the amount of $540,000.00, or as much thereof as may be needed, and to waive the provisions of competitive bidding. The Contract Compliance number for Praxair is 06-1249050. They do not have certified MBE/FBE status.

It is requested that this Ordinance be handled in an emergency manner, as the division would like to purchase carbon dioxide due to the unexpected termination of service of our current supplier.

FISCAL IMPACT: The Division of Water has allocated $9,137,000.00 for chemicals in the 2006 Budget.

$369,977.40 was encumbered for carbon dioxide in 2005. $362,275.64 was encumbered for carbon dioxide in 2004.

Title To authorize the Director of Public Utilities to enter into a contract, for carbon dioxide, with Praxair, for the Division of Power and Water, to waive the provisions of competitive bidding, to authorize the expenditure of $540,000.00 from Water Systems Operating Fund, and to declare an emergency. ($540,000.00)

Body WHEREAS, Columbus City Council passed Ordinance number 0423-2006 on March 13, 2006 for the Division of Power and Water to purchase carbon dioxide, and

WHEREAS, on June 23, 2006 the City was notified that EPCO Carbon Dioxide Products cannot continue to service the City's carbon dioxide requirements effective immediately, and

WHEREAS, the Division of Power and Water, based on the provisions of Columbus City Code Section 329.27, received the Mayor's permission, from a letter dated June 27, 2006, to immediately purchase carbon dioxide and to work with the Purchasing Office to ensure a competitive process, for this project, and

WHEREAS, the Purchasing Office informally solicited bids from all known suppliers of carbon dioxide, and

WHEREAS, of the six known suppliers of carbon dioxide Praxair was the lowest, responsive, and responsible bid received, and

Columbus City Bulletin (Publish Date 07/29/06) 150 of 408 WHEREAS, an emergency exists in the usual daily operation of the Division of Power and Water, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to enter into a contract, with Praxair, for carbon dioxide, in an emergency manner in order to allow for quick payment of the materials, for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Public Utilities be and is hereby authorized to enter into a contract, with Praxair, for carbon dioxide, for the Division of Power and Water, Department of Public Utilities.

Section 2. That in accordance with Section 329.27 of the Columbus City Code, this Council finds the best interest of the City is served by waiving, and does hereby waive Section 329.06 (Formal Competitive Bidding) of the Columbus City Code.

Section 3. That the expenditure of $540,000.00 or as much thereof as may be needed, is hereby authorized from Water Works Fund 600, Department 60-09, Object Level One 02, Object Level Three numbers, contract numbers with expiration dates, OCA Codes, and amounts listed below, to pay the cost thereof.

Vendor/ OCA Chemical Contract # Code OBL 3 Amount

Praxair in process 602417 2204 $313,500.00 Carbon Dioxide 602474 2204 $195,000.00 602532 2204 $31,500.00 $540,000.00

Section 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1230-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: To modify and extend the existing city-wide contract for the option to obtain Non-Membrane Dissolved Oxygen Probes to and including October 31, 2007. Formal bids were opened by the Purchasing Office on February 5, 2004. The Purchasing Office advertised and solicited competitive bids in accordance with Section 329.06. (Proposal No. SA001017). The following contract was established in accordance with bids received - FL002137, Hach Company c/o CKM Industrial Sales, Contract Compliance #42-0704420 expires 3/15/07. The company is not debarred according to the Federal Excluded Parties Listing or prohibited from being awarded a contract according to the Auditor of State Unresolved Findings for Recovery Certified Search.

1. Amount of additional funds: The estimated annual expenditure for this contract is $50,000.00. The Division of Sewerage and Drainage, largest user, must obtain approval to expend from their own budgeted funds for their estimated expenditures. 2. Reason additional needs were not foreseen: The need was foreseen. An extension is provided for in the original contract. 3. Reason other procurement processes not used: The same exact product is required as originally bid. No lower

Columbus City Bulletin (Publish Date 07/29/06) 151 of 408 pricing/more attractive terms and conditions are anticipated at this time. 4. How cost was determined: The cost, terms and conditions are in accordance with the original agreement.

FISCAL IMPACT: No funding is required to extend the option contract. The Division of Sewerage and Drainage must set aside their own funding for their estimated expenditures.

To maintain an uninterrupted supply of service to the City Agency using the Universal Term Contract, this ordinance is be submitted as an emergency. Title To authorize and direct the Finance and Management Director to modify and extend the citywide contract for the option to obtain Non-Membrane Dissolved Oxygen Probes with Hach Company c/o CKM Industrial Sales, and to declare an emergency. Body WHEREAS, the Purchasing Office advertised and solicited formal bids, and selected the lowest bid; and

WHEREAS, the vendor has agreed to extend FL002137 at current prices and conditions to and including October 31, 2007, and it is in the best interest of the City to exercise this option; and

WHEREAS, an emergency exists in the usual daily operation of the Purchasing Office in that it is immediately necessary to extend FL002137 for the option to obtain Non-Membrane Dissolved Oxygen Probes to maintain an uninterrupted supply, thereby preserving the public health, peace, property, safety, and welfare, now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Finance and Management Director be and is hereby authorized and directed to modify and extend FL002137 with Hach Company c/o CKM Industrial Sales to and including October 31, 2007.

SECTION 2. That this modification is in accordance with Section 329.16 of the Columbus City Codes.

SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1231-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Rezoning Application Z05-091

APPLICANT: Plaza Properties; c/o Jackson B. Reynolds III, Atty.; Smith and Hale, LLP; 37 West Broad Street, Suite 725; Columbus, OH 43215.

PROPOSED USE: Multifamily residential development.

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0-1) on April 13, 2006.

VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.

CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested AR-O, Apartment Residential/Office District would replace L-P-2, Limited Parking and P-2, Parking Districts on parcels now used for a surface parking lot. The existing parking lot is dedicated to the medical office building at 100 West Third Avenue. Another rezoning application, Z06-010 (ORD#1212-2006), seeks to provide replacement parking for the medical building on another nearby

Columbus City Bulletin (Publish Date 07/29/06) 152 of 408 site. The AR-O District allows offices, banks, one-, two-, three-, and four-unit dwellings, apartment houses, and other uses consistent with established development in the area. A follow-up variance application, CV05-056, anticipates a development with two apartment houses with a total of 111 dwelling units and 169 parking spaces. City staff does not support the variance application because of proposed reductions in clear vision and parking requirements.

Title To rezone 116 WEST STARR AVENUE (43201), being 0.77± acres located at the northeast corner of West Starr and Dennison Avenues, From: L-P-2, Limited Parking and P-2, Parking Districts, To: AR-O, Apartment Residential Office District (Rezoning # Z05-091).

Body

WHEREAS, application #Z05-091 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.77± acres from the L-P-2, Limited Public Parking and P-2, Public Parking Districts, to AR-O, Apartment Residential/Office District; and

WHEREAS, the Development Commission recommends approval of said zoning change; and

WHEREAS, the Victorian Village Commission recommends approval of said zoning change; and

WHEREAS, the City Departments recommend approval of said zoning change because the requested AR-O, Apartment Residential/Office District, would replace L-P-2, Limited Parking and P-2, Parking Districts on parcels now used for a surface parking lot. The existing parking lot is dedicated to the medical office building at 100 West Third Avenue. Another rezoning application, Z06-010 (ORD#1212-2006), seeks to provide replacement parking for the medical building on another nearby site. The AR-O District allows offices, banks, one-, two-, three-, and four-unit dwellings, apartment houses, and other uses consistent with established development in the area. A follow-up variance application, CV05-056, anticipates a development with two apartment houses with a total of 111 dwelling units and 169 parking spaces. City staff does not support the variance application because of proposed reductions in clear vision and parking requirements yet supports multi-family land use and therefore this rezoning request, now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:

116 WEST STARR AVENUE (43201), being 0.77± acres located at the northeast corner of West Starr and Dennison Avenues, and being more particularly described as follows:

TRACT 1 0.771 Acres

Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 5, Township 5, Range 22, Refugee Lands, being all of Lots 2 thru 7 of the Henry E. Bryden's Subdivision, Plat Book 2 Page 342, as described in a deed to Third Apollo Co., of record in Deed Book 3554 Page 924, being more particularly described as follows:

Beginning at the southwest corner of said Lot 2 and the intersection of the north line of Starr Avenue (60') and the east line of Dennison Avenue (60');

Columbus City Bulletin (Publish Date 07/29/06) 153 of 408 Thence, northerly, with the west line of Lot 2 and the east line of Dennison Avenue, 140 feet +/-, being the northwest corner of Lot 2 and the intersection of the east line of Dennison Avenue and the south line of a public alley (width varies);

Thence, easterly, with the north line of Lots 2 thru 7 and the south line of said public alley, 240 feet +/-, to the northeast corner of Lot 7;

Thence, southerly, with the east line of Lot 7, 140 feet +/-, to the southeast corner of Lot 7 and being in the north line of Starr Avenue;

Thence, westerly, with south line of Lots 2 thru 7 and the north line of Starr Avenue, 240 feet +/- to the PLACE OF BEGINNING, containing 0.771 acres, more or less.

This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on October 31, 2005.

THIS DESCRIPTION IS NOT FOR RECORDING PURPOSE.

To Rezone From: L-P-2, Limited Public Parking and P-2, Public Parking Districts,

To: AR-O, Apartment Residential Office District.

SECTION 2. That a Height District of sixty (60) feet is hereby established on the AR-O, Apartment Residential Office District on this property.

SECTION 3. That the Director of the Department of Development be, and he is hereby, authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division.

SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1232-2006

Drafting Date: 06/27/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Need: The Division of Police, Department of Public Safety needs to purchase new semi-automatic pistols for its two new recruit classes that are scheduled to begin in July and December, 2006.

Bid Information: The Purchasing Office solicited bids, SA 002037, for the purchase of 40 caliber semi-automatic pistols for the Division of Police. Three vendors responded with the following prices:

Standard Law Enforcement Supply Co. $51,612.50 Vance's Outdoors, Inc. $54,056.25 Eagle General Services $140,625.00

Award of the contract is to be made to the lowest, responsive, responsible and best bidder, Standard Law Enforcement Supply Co.

Contract Compliance: 341056475

Columbus City Bulletin (Publish Date 07/29/06) 154 of 408 FISCAL IMPACT:

Funding has been identified in the General Fund and this ordinance authorizes the transfer from Object Level 10 to Object Level 02 in the General Fund.

Emergency Designation: Emergency legislation is requested so the pistols will be delivered on time for the new recruit class.

Title To authorize and direct the Director of Finance and Management to enter into a contract with Standard Law Enforcement Supply Co. for the purchase of semi-automatic pistols for the Division of Police, to authorize the transfer and expenditure of $51,612.50 from the General Fund; and to declare an emergency. ($51,612.50)

Body WHEREAS, the Division of Police, Department of Public Safety needs to purchase semi-automatic pistols for its two new recruit classes; and

WHEREAS, bids for the purchase of semi-automatic pistols were solicited by the Purchasing Office; and

WHEREAS, the lowest, responsive, responsible and best bidder was Standard Law Enforcement Supply Co., and

WHEREAS, the funding source for this purchase will come from a transfer within the General Fund; and

WHEREAS, an emergency exists in the usual daily operation of the Division of Police in that it is immediately necessary to authorize the Director of Finance and Management to enter into a contract for the purchase of semi-automatic pistols, thereby preserving the public health, peace, property, safety, and welfare; now therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Finance and Management be and is hereby authorized to enter into a contract with Standard Law Enforcement Supply, Co. for the purchase of semi-automatic pistols for the Division of Police.

Section 2. That the City Auditor is hereby authorized to transfer $51,612.50 within the General Fund for the Division of Police, Fund No. 010, Division of Police, 30-03, as follows:

FROM: OCA Code: 900076| OL1: 10| OL3: 5501| $51,612.50

TO: OCA Code: 301572| OL1: 02| OL3: 2215| $51,612.50

Section 3. That the expenditure of $51,612.50 from the Division of Police, Division No. 30-03, OCA Code 301572, Object Level One 02, Object Level Three 2215 or so much thereof as may be needed, be and same is hereby authorized.

Section 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1234-2006

Columbus City Bulletin (Publish Date 07/29/06) 155 of 408 Drafting Date: 06/27/2006 Current Status: Passed

Version: 3 Matter Type: Ordinance

Explanation Rezoning Application Z06-019

APPLICANT: State Street Realty Partners, LLC.; c/o Jill S. Tangeman, Atty.; 52 East Gay Street; Columbus, OH 43216.

PROPOSED USE: Multi-family residential development.

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 11, 2006.

CITY DEPARTMENTS' RECOMMENDATION: Approval. This infill proposal will permit multi-family development consisting of ninety (90) dwelling units at a density of 6 dwelling units per acre. This proposal is an extension of a series of rezonings for multi-family development that Development Commission and City Council have approved since September of 2003. It is anticipated that the property to the south of the proposal will develop commercially. The proposed multiple-family dwellings would provide a transition between the commercial zoning to the south and east of the church and the single-family dwellings to the north. Furthermore the development provides a linkage towards the commercial development to the south per the recommendation of The Far North Plan (1994).

Title To rezone 2150 EAST POWELL ROAD (43230), being 15± acres located 1025± feet south of East Powell Road just west of the intersection with Greentree Drive. From: R, Rural District To: L-AR-12, Limited Apartment Residential District and to declare an emergency. (Rezoning # Z06-019)

Body WHEREAS, application #Z06-019 is on file with the Building Services Division of the Department of Development requesting rezoning of 15± acres from R, Rural District, to L-AR-12, Limited Apartment Residential District; and

WHEREAS, the Development Commission recommends approval of said zoning change; and

WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and

WHEREAS, the City Departments recommend approval of said zoning change because this infill proposal will permit multi-family development consisting of ninety (90) dwelling units at a density of 6 dwelling units per acre. This proposal is an extension of a series of rezonings for multi-family development that Development Commission and City Council have approved since September of 2003. It is anticipated that the property to the south of the proposal will develop commercially. The proposed multiple-family dwellings would provide a transition between the commercial zoning to the south and east of the church and the single-family dwellings to the north. Furthermore the development provides a linkage towards the commercial development to the south per the recommendation of The Far North Plan (1994), now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:

2150 EAST POWELL ROAD (43035), being 15± acres located 1025± feet south of East Powell Road just west of the intersection with Greentree Drive and being more particularly described as follows:

Columbus City Bulletin (Publish Date 07/29/06) 156 of 408 DESCRIPTION OF A 15.00 ACRE TRACT OF LAND Situated in the State of Ohio, County of Delaware, City of Columbus, located in Farm Lot 15, Section 4, Township 3, Range 18, United States Military Lands, and being 15.00 acres out of that original 120.00 acre tract of land as conveyed to Christ the King Lutheran Church by deed of record in Deed Book 521, Page 348, said 15.00 acres being more particularly bounded and described as follows: Beginning at a point at the northeasterly corner of that 1.270 acre condominium entitled "The Woods at Polaris Condominiums, Sixth Amendment" of record in Official Record 634, Page 1676, being in the southerly line of that 5.14 acre tract as conveyed to Robert A. Clifford, Jr. by deed of record in Deed Book 103, Page 200, and being in the common line between Farm Lots 15 and 22; Thence S 86° 38' 19" E, with said common Farm Lot line, being the southerly line of said 5.14 acre tract, a distance of 785.70 feet to the northwesterly corner of that 3.440 acre tract as conveyed to Bennett and Kimberly S. Smith by deed of record in Official Record 675, Page 2326; Thence S 02° 57' 42" W, with the westerly line of said 3.440 acre tract, a distance of 500.00 feet to the southwesterly corner of said 3.440 acre tract; Thence S 86° 36' 40" E, with the southerly line of said 3.440 acre tract, a distance of 299.95 feet to a point in the westerly line of that subdivision entitled "Prestwick Green Section 2, Part 2" of record in Cabinet 2, Slides 750 and 750A; Thence S 02° 57' 42" W, with the westerly line of said "Prestwick Green Section 2, Part 2", and with a portion of the westerly line of that 15.146 acre tract as conveyed to Powell Road South Limited by deed of record in Official Record 83, Page 129, a distance of 291.25 feet to a point; Thence across said original 120.00 acre tract, the following courses and distances; N 86° 38' 19" W, a distance of 871.78 feet to a point; N 02° 12' 13" E, a distance of 139.23 feet to a point; N 36° 21' 29" W, a distance of 301.82 feet to a point; and S 89° 17' 19" W, a distance of 25.12 feet to the southeasterly corner of said 1.270 acre condominium tract; Thence N 03° 32' 41" E, with the easterly line of said 1.270 acre condominium tract, a distance of 421.81 feet to the True Point of Beginning, and containing 15.00 acres of land, more or less, as calculated by the above courses, all of which lie within Farm Lot 15 of said Section, Township and Range. Subject, however, to all legal highways, easements, and restrictions of record. The above description was written by Clark E. White, P.S. #7868 on February 17, 2006. All references used in this description can be found at the Delaware County Recorder's Office, Delaware County, Ohio. The Basis of Bearings used in this description was transferred from a GPS survey of Delaware County Monuments "97-036" and "97-146" published by the Delaware County Engineer's Office, and is based upon the NAD83 Ohio State Plane Coordinate System, North Zone, and determines the bearing between said monuments as S 01° 59' 20" W. To Rezone From: from R, Rural District,

To: L-AR-12, Limited Apartment Residential District.

SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-AR-12, Limited Apartment Residential District on this property.

SECTION 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved L-AR-12, Limited Apartment Residential District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said plan being titled, "PRELIMINARY DEVELOPMENT PLAN THE LAKES AT POLARIS," and said text being titled, "LIMITATION OVERLAY TEXT," both signed by Jill S. Tangeman, Attorney for the Applicant, dated June 12, 2006, and reading as follows:

Limitation Overlay Text

Zoning District: L-AR-12 Property Location: 15.00 +/- acres at 2150 E. Powell Rd. Applicant: State Street Realty Partners LLC Owner: Christ the King Church Date of Text: June 12, 2006

Columbus City Bulletin (Publish Date 07/29/06) 157 of 408 Application No.: Z06-019

1. Introduction: The subject site is approximately 15.00 +/- acres located south of East Powell Road and north of Gemini Place. The site is currently owned by Christ the King Church.

The applicant is proposing to construct low-density, townhome-style, multi-family dwelling units on the subject site. Buildings will contain a maximum of six units. The applicant proposes to rezone the property to a limited apartment district that will permit a density of up to 6.00 +/- dwelling units per acre.

2. Permitted Uses: The development will include fifteen (15) six-unit multi-family, townhome-style buildings with a total of ninety (90) dwelling units.

3. Development Standards: Unless otherwise indicated in this text, the applicable development standards of Chapter 3333 of the Columbus City Codes shall apply. The Columbus Board of Zoning Adjustment shall be the body to hear requests for variances, except as a variance may pertain to graphics, to development standards established herein. A site plan is attached hereto as Exhibit A and titled "Preliminary Development Plan, The Lakes at Polaris".

A. Density, Height and Setback Commitments.

1. No more than a ninety (90) dwelling units shall be built.

2. No building shall be erected, altered, placed or permitted to remain on this property other than six-unit multi-family, townhome-style dwellings, garages, a community clubhouse, a community pool and a master meter building.

B. Access, Parking and/or Other Traffic Related Commitments.

1. Access shall be in accordance with the review and approval of the City of Columbus Division of Transportation. The applicant proposes to have an access drive onto Gemini Place from the south side of the property. In addition, the applicant proposes an additional access drive onto a future access road on the west side of the property.

2. The applicant will give right-of-way to the City of Columbus as designated on the site plan along the east property line for a potential future roadway connecting Greentree Drive to Gemini Place.

3. Each unit will have a one or two car garage with an additional parking space of 9 feet by 18 feet to be provided on site. Parking restrictions shall be installed per current City policy on signage for private streets and alleys/lanes. There will be no parking permitted at the main entrance. No parking signs shall be posted as appropriate. Fire hydrants shall be located on the side of the street where no parking is permitted.

4. The owner, developer and/or the Condominium Association must establish and maintain an agreement(s) with a private towing company(s), which authorizes the private towing company(s) to remove/tow any vehicles parked in the restricted areas. There may be one or more such agreements with one ore more towing company(s) for any times/lengths, terms, etc. as the owner, developer and/or Condominium Association determines, so long as at least one such agreement shall always, at all times be in force for the purposes of enforcements/removal towing as required above. Towing agreements shall be filed annually with the Columbus Division of Fire, Fire Prevention Bureau, Plans Review Office, upon execution of contract.

5. The owners, developer, and/or Condominium Association shall designate the City of Columbus as an authorized agent for the sole and specific purposes of enforcement of parking restrictions and the issuance of citations and/or removal of vehicles parked in violation of posted parking restrictions on private streets and alleys/lanes.

Columbus City Bulletin (Publish Date 07/29/06) 158 of 408 6. Intersection details concerning turning radii, parking restrictions and intersection configurations shall conform to the Fire Vehicle Access Plan.

C. Buffering, Landscape, Open Space and/or Screening Commitments.

1. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or at the next planting season, whichever occurs first. Trees shall meet the minimum size at the time of planting: 2 ½ inches caliper for frontage trees; 2 ½ inches caliper for shade trees; 1 ½ inch caliper for ornamental trees; and 5 feet in height for evergreen trees.

2. The developer will be making a cash contribution in lieu of dedicating land for park use at the time of zoning clearance.

3. Two detention/retention ponds shall be installed, and bank stabilization will be installed around each pond.

D. Building Design and/or Interior-Exterior Treatment Commitments.

1. The main exterior building material shall be wood, wood composition, vinyl, brick, stone or cultured stone or a combination thereof.

2. Dwelling units may be used as model homes for the purpose of marketing and sales.

3. Trash pick-up will be by individual unit and will be private. No dumpsters will be provided on site.

4. Lighting poles shall be cut-off fixture types. All lighting poles, signs, frames and/or supports shall be uniform and be either black or dark bronze in color. No pole shall exceed sixteen (16) feet in height.

E. Graphics.

1. All signage and graphics shall conform to the Columbus Graphics Code. Any variances needed for the applicable graphics requirements shall be submitted to the Columbus Graphics Commission.

F. Miscellaneous

The subject site shall be developed in accordance with the rezoning site plan. The rezoning site plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.

SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1235-2006

Drafting Date: 06/28/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation

Columbus City Bulletin (Publish Date 07/29/06) 159 of 408 BACKGROUND This ordinance authorizes the Director of Finance and Management to establish blanket purchase orders, for the Department of Technology, on behalf of various city agencies, for the purchase of replacement desktop computers, computer related products and equipment. These purchases will be made from pre-established universal term contracts (UTC's), FL001696, with Resource One Computer Systems, Inc., expiration date March 31, 2007 and FL001717, with Smart Solutions, Inc., expiration date March 31, 2007.

The desktop computers, computer related products and equipment being replaced are outdated and/or obsolete and are used for the running of applications that are very important to the daily operation of various city agencies. Additionally, the desktop computers, computer related products and equipment being replaced do not meet the current minimal City of Columbus specifications/standards. As such, replacement of this equipment is crucial for continued efficiency of city operations. Funds for this purchase are budgeted and available in the 2006 Department of Technology's Internal Service Fund's Budget.

FISCAL IMPACT For the divisions referenced within this ordinance a total of $4,873.71 in 2004 and $265,801.76 in 2005 was expended for desktop computers, computer related products and equipment. Earlier this year, the Department of Technology legislated $24,592.30 with Smart Solutions and $249,927.20 with Resource One (Ordinance #'s 0982-2006, 0869-2006 and 0755-2006) for the purchase of desktop computers and computer related products and equipment on behalf of various city agencies. This purchase will expend $255,667.80 with Smart Solutions and $19,730.70 with Resource One. Funds are budgeted and available in the 2006 Department of Technology's Internal Service Fund's Budget to fund this purchase, which in the aggregate totals $275,398.50.

EMERGENCY DESIGNATION: Emergency designation is being requested to immediately facilitate this purchase as the equipment being purchased is crucial to city operations.

CONTRACT COMPLIANCE 311419297 -- Expiration 03/09/2007 Resource One Computer Systems, Inc. 341403269 -- Expiration 06/04/2007 Smart Solutions, Inc.

Title To authorize the Director of Finance and Management, for the Department of Technology to purchase replacement desktop computers and computer related products and equipment on behalf of various city agencies from pre-established universal term contracts with Resource One and Smart Solutions; to authorize the expenditure of $275,398.50 from the Department of Technology Internal Service Fund; and to declare an emergency ($275,398.50)

Body WHEREAS, this ordinance authorizes the Director of Finance and Management to establish purchase orders, for the Department of Technology, on behalf of various city agencies, for the purchase of replacement computer equipment; and

WHEREAS, desktop computers, computer related products and equipment used by various city agencies are obsolete and no longer meet the City's current minimal specifications/standards and are in need of replacement; and

WHEREAS, the replacement of these desktop computers and computer related products and equipment will mitigate computer related performance problems and will ensure that city agencies can continue to operate at peak efficiency; and

WHEREAS, an emergency exists in the usual daily operation of the Department of Technology. the Department of Technology, on behalf of various city agencies, has an immediate need to purchase replacement desktop computers and computer related products and equipment from established universal term contracts with Resource One and Smart Solutions, thereby protecting the public health, peace, property, safety and welfare, now therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Columbus City Bulletin (Publish Date 07/29/06) 160 of 408 SECTION 1. That the Director of Finance and Management be and is hereby authorized to purchase replacement desktop computers and computer related products and equipment for the Department of Technology on behalf of various city agencies from established universal term contracts with Resource One and Smart Solutions.

SECTION 2. That the expenditure of $275,398.50 or so much thereof as may be necessary is hereby authorized to be expended from:

Division 47-02 -- Fund 514 -- Subfund 001 -- OCA Code 472411 -- OBJ Level 1 02 -- OBJ Level 03 2193 -- Amount $40,000.00 - Information Services

Division 47-02 -- Fund 514 -- Subfund 001 -- OCA Code 281832 -- OBJ Level 1 02 -- OBJ Level 03 2193 -- Amount $29,200.00 - Information Services

Division 47-01 -- Fund 514 -- Subfund 010 -- OCA Code 400247 -- OBJ Level 1 02 -- OBJ Level 03 2193 -- Amount $3,825.26 - Community Relations

Division 47-01 -- Fund 514 -- Subfund 010 -- OCA Code 590147 -- OBJ Level 1 02 -- OBJ Level 03 2193 -- Amount $1,033.00 - Public Service

Division 47-01 -- Fund 514 -- Subfund 010 -- OCA Code 510147 -- OBJ Level 1 02 -- OBJ Level 03 2193 -- Amount $47,531.10 - Recreation and Parks

Division 47-01 -- Fund 514 -- Subfund 010 -- OCA Code 300447 -- OBJ Level 1 02 -- OBJ Level 03 2193 -- Amount $129,800.00 - Fire

Division 47-01 -- Fund 514 -- Subfund 010 -- OCA Code 500147 -- OBJ Level 1 02 -- OBJ Level 03 2193 -- Amount $21,635.14 - Health

Division 47-02 -- Fund 514 -- Subfund 001 -- OCA Code 472423 -- OBJ Level 1 02 -- OBJ Level 03 2193 -- Amount $2,374.00 - Cable Interconnect

SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approved nor vetoes the same.

Legislation Number: 1236-2006

Drafting Date: 06/28/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Columbus City Bulletin (Publish Date 07/29/06) 161 of 408 Explanation Need: The Division of Police, Department of Public Safety, needs to purchase computer mounts, 4-corner strobes, and various up-fit equipment to outfit the police vehicles for readiness for daily police operations. In addition there was a charge for delivery of the impalas per the contract and work needed for installation of door handles and emergency hatch, the Division of Police needs to request funding for these items.

Bid Information: The purchases have been in compliance with City Purchasing guidelines. All items have been competitively bid by the Purchasing Office. The awards are as follows: Computer Mounts (SO022591) and up-fit equipment (SO022751), Data 911 in the amount of $21,856.38; Hook Kit (SO022738) Standard Law in the amount of $527.80, Wig/Wag Plug and Play (SO022751), Statewide Emergency Products in the amount of $1,201.20, speaker/light bar mount (SO022738), 4-corner strobes (SO022697) Parr Public Safety in the amount of $4,482.30 and Console (SO022751) D&M Distributors in the amount of $5,967.60. Delivery of Impalas was $50.00 per vehicle for 25 vehicles in the total amount of $1250.00 to Taylor Team of Dealerships. Emergency hatches and handles were added to some vehicles and the work was completed by Mavron, Inc. in the total amount of $1757.00.

The Division of Police wishes to request the entire remaining balance of $82,232.00 for any remaining outfitting needs to have the vehicles street ready for daily police activity. This current request is for the total amount of $37,042.28. All funds not used will be cancelled.

All companies listed are not debarred according to the Federal excluded parties listing or prohibited from being awarded a contract according to the Auditor of State unresolved findings for recovery certified search.

Contract Compliance: Data 911 - 943413053; Taylor Team of Dealerships - 314446938; Mavron - 351294067; Parr Public Safety - 201619573; Statewide Emergency Products - 542105325, Standard Law - 341056475; D&M Distributors - 310926900

Emergency Designation: Emergency legislation is needed to make the funds available as soon as possible because of the need to insure the cruiser up-fit equipment is available for the new police cruisers that have arrived and to expedite readiness of vehicles for daily police operations.

FISCAL IMPACT: The funding source of this purchase is the Capital South Fund, number 481. This arrangement eliminates the need to use General Funds for the purchase of cruiser up-fit equipment and parts as needed to completely outfit the new vehicles, delivery of vehicles and additional of handles and emergency hatches.

Title To authorize and direct the Director of Finance and Management and/or the Director of Public Safety to enter into contracts for computer mounts, 4-corner strobes, up-fit equipment, delivery of Impalas, emergency hatches/handles; to authorize the appropriation and expenditure of $82,232.00 from the Capital South Fund and to declare an emergency. ($82,232.00)

Body WHEREAS, the Division of Police, Department of Public Safety, needs to purchase computer mounts, 4-corner strobes, up-fit equipment; and

WHEREAS, the Division of Police, Department of Public Safety, needs to pay for delivery of Impalas and work completed to add emergency hatches/handles; and

WHEREAS, Data 911, Parr Public Safety , Statewide Emergency Products and Standard Law were the lowest most responsive, responsible and best bidders; and

WHEREAS, delivery was included in the contract with Taylor Team of Dealerships and emergency hatches/handles were authorized by Fleet Management with Mavron, Inc.; and

WHEREAS, the funding source for this purchase will come from Capital South Fund, number 481; and

Columbus City Bulletin (Publish Date 07/29/06) 162 of 408 WHEREAS, an emergency exists in the usual daily operations of the Division of Police in that it is immediately necessary to authorize the Director of Finance and Management and/or the Director of Public Safety to enter into these contracts to ensure the cruiser up-fit equipment is available for the new police cruisers that have arrived and to expedite readiness of vehicles for daily police operations, thereby preserving the public health, peace, property, safety, and welfare; now therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Finance and Management and/or the Director of Public Safety be and are hereby authorized to enter into contracts and expend funds for computer mounts, 4-corner strobes, up-fit equipment, delivery of Impalas, emergency hatches/handles to expedite the vehicles for readiness for daily police operations.

Section 2. That the appropriation and expenditure of $82,232.00 or so much thereof as may be needed , be and the same is hereby authorized as follows: |DIV 30-03 | FUND 481 | OL1 06 | OL3 6650 | OCA 330481

Section 3. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1237-2006

Drafting Date: 06/28/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: This ordinance authorizes the Finance and Management Director to enter into contract for the Facilities Management Division with Cornerstone Maintenance Services Ltd., in the amount of $11,176.00 for the replacement of two furnaces at Police Substation #17, 5400 Olentangy River Road. The replacement will consist of two ninety percent (90%) efficiency furnaces, two new condensing units, two new coil cabinets, two new evaporator coils, new line sets, all new PVC, and all necessary ductwork. The contractor has twenty (20) days upon notification of the award of the contract to complete the project.

Proposals were solicited through the City's Vendor Services webpage. Three firms submitted proposals as follows: (0 MBE, 1 FBE*).

Cornerstone Maintenance Services, Ltd. $11,176.00 Axiom Mechanical Services $12,215.00 *General Temperature Control, Inc. $12,994.00

It is the recommendation of the Facilities Management Division to award this contract to the most responsive and responsible bidder, Cornerstone Maintenance Services, Ltd.

Emergency action is requested in order to ensure the furnaces are in place before the heating season.

Fiscal Impact: The Police Division has sufficient funding within the Safety Voted Bond Fund. Cornerstone Maintenance Services, Ltd. Contract Compliance Number 01-0852059, exp. 01/12/2007.

Title To authorize the Finance and Management Director to enter into contract for the Facilities Management Division with

Columbus City Bulletin (Publish Date 07/29/06) 163 of 408 Cornerstone Maintenance Services, Ltd. for the replacement of two furnaces at Police Substation #17, 5400 Olentangy River Road, to authorize the expenditure of $11,176.00 from the Safety Voted Bond Fund, and to declare an emergency. ($11,176.00)

Body WHEREAS, the furnaces at Police Division Substation #17, 5400 Olentangy River Road, are in poor condition and in need of replacement, and

WHEREAS, the Facilities Management Division recommends acceptance of the bid submitted by Cornerstone Maintenance Services, Ltd. as the most responsive and responsible bid, and

WHEREAS, an emergency exists in the usual daily operation of the Facilities Management Division in that it is immediately necessary to authorize the Finance and Management Director to enter into contract with Cornerstone Maintenance Services, Ltd. for the replacement of two furnaces at Police Division Substation #17, 5400 Olentangy River Road to ensure the furnaces are in place befor the heating season, thereby preserving the public health, peace, property, safety, and welfare; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Finance and Management Director is hereby authorized to contract with Cornerstone Maintenance Services, Ltd. for the replacement of two furnaces at Police Division Substation #17, 5400 Olentangy River Road.

SECTION 2. That the expenditure of $11,176.00, or so much thereof that may be necessary in regard to the action authorized in SECTION 1, be and is hereby authorized and approved as follows:

Division: 30-03 Fund: 701 Project: 330021 OCA Code: 644476 Object Level 1: 06 Object Level 3: 6620 Amount: $11,176.00

SECTION 3. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the mayor neither approves or vetoes the same.

Legislation Number: 1238-2006

Drafting Date: 06/28/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

..Explanation The purpose of this ordinance is to modify Ordinance 0643-2006 by extending the contract ending date to December 31, 2006. as well as, increasing the current contract between the City Treasurer and Fifth Third Bank and its processing agent, Fifth Third Processing Solutions, for credit card processing services at the Department of Recreation and Parks in the amount of $3,300.00. Due to the delay in transitioning to the City's new credit card processing agent, coupled with an increase in credit card transactions for the Department of Recreation & Parks; it is necessary to extend the contract date

Columbus City Bulletin (Publish Date 07/29/06) 164 of 408 and increase the appropriation authority to cover all addition expenses associated with credit card processing through Fifth Third Bank and its processing agent, Fifth Third Processing Solutions.

FISCAL IMPACT: Funds are available in the Department of Recreation and Parks Operating budget to cover this expense.

Title To authorize the City Treasurer to modify a contract with Fifth Third Banks and its processing agent, Fifth Third Processing Solutions to extend the contract period and for the provision of credit card processing services, and to authorize the expenditure of $3,300.00 from the Department of Recreation and Parks Operating Fund, and to declare an emergency. ($3,300.00)

Body Whereas, the City Treasurer has entered into a contract for credit card processing services with Fifth Third Banks and its processing agent, Fifth Third Processing Solutions.

Whereas, as an emergency exists in the usual daily operation of the Department of Recreation and Parks, as it is immediately necessary to amend the contract between the City Treasurer and Fifth Third Bank and its processing agent, Fifth Third Processing Solutions by extending the contract period ending date to December 31, 2006 and for the support credit card services fees; now therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS

Section 1. That the City Treasurer is hereby authorized to extend the existing contract ending date between Fifth Third Bank and its processing agent, Fifth Third Processing Solutions to December 31, 2006.

Section 2. That the City Treasurer is hereby authorized to increase the existing contract between Fifth Third Bank and its processing agent, Fifth Third Processing Solutions for the provision of processing credit cards in the amount of $3,300.00.

Section 3. That the expenditure of $3,300.00 is authorized as follows:

OCA Code Object Level 1 Object Level 3 Purpose Amount 511139 03 3348 Banking Services $ 3,300.00

Total amount of modification No. 1 ADD $ 3,300.00 Total contract amount including this modification is $ 7,200.00

Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1239-2006

Drafting Date: 06/28/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation The purpose of this ordinance is to authorize the Director of Finance and Management to enter into contract with Horizon Telephone of Chillicothe for the purchase of a new telephone system at the Jackson Pike Wastewater Treatment Plant and to waive the requirements of competitive bidding, Columbus City Code Section 329.

On Thursday evening of June 1, 2006 an electrical storm in the area resulted in lighting striking the Jackson Pike Wastewater Treatment Plant and knocking out the plant phone system. Personnel were called to reset the system, however

Columbus City Bulletin (Publish Date 07/29/06) 165 of 408 it was not responding to any resets and the Division of Communications was contacted. Various system checks and reboots were tried with no success. A call was placed to Horizon Telephone of Chillicothe (the company that installed the system at the plant in 2001) and the company responded immediately with a service technician. The technician ran more tests to no avail.

On June 2, 2006 plant personnel and the company continued to work on the system. After investigating the situation it was determined that it would be more cost effective and in the best interest of the Department of Public Utilities to purchase a new system that would allow for manufacturer warranty. The cost of the new system will be $33,949.68. Funding for this emergency will come from the Sewer System Operating Fund. Because the phone system is critical to the operation of the Jackson Pike plant a Mayor's Emergency Letter was signed by the Mayor's Office on June 14, 2006.

Emergency legislation is being requested so that the company can be paid in a timely fashion

FISCAL IMPACT: $33,949.68

SUPPLIER: Horizon Telephone of Chillicothe (31-4147310)

Title To authorize the Director of Finance and Management to establish a purchase order with Horizon Telephone of Chillicothe for the purchase of a new telephone system for the Division of Sewerage and Drainage, Jackson Pike Wastewater Treatment Plant to authorize the expenditure of $33,949.68 from the Sewerage System Operating Fund, to waive the requirements of competitive bidding, and to declare an emergency. ($33,949.68)

Body WHEREAS, on Thursday evening of June 1, 2006 electrical storms in the area resulted in lighting striking the Jackson Pike Wastewater Treatment Plant and knocking out the plant phone system, and

WHEREAS, a call was placed to Horizon Telephone of Chillicothe (the company that installed the system at the plant in 2001) and the company responded immediately with a service technician, and

WHEREAS, on June 2, 2006 plant personnel and the company continued to work on the system. After investigating the situation it was determined that it would be more cost effective and in the best interest of the Department of Public Utilities to purchase a new system that would allow for manufacturer warranty, and

WHEREAS, because the telephone system is critical to the operation of the Jackson Pike plant a Mayor's Emergency was processed and signed by the Mayor's Office on June 14, 2006, and

WHEREAS, this ordinance is being submitted waiving the requirements of competitive bidding of Columbus City Code Section 329, and

WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Sewerage and Drainage in that it is immediately necessary to enter into contract with Horizon Telephone of Chillicothe for the immediate preservation of the public health, peace, property and safety; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Finance and Management be and is hereby authorized to establish a purchase order with Horizon Telephone of Chillicothe for the purchase of a telephone system for the Division of Sewerage and Drainage, Jackson Pike Wastewater Treatment Plant in accordance with Columbus City Code Section 329.27

Section 2. That this Council finds it in the best interest of the City of Columbus to waive the requirements of competitive bidding per Columbus City Code Section 329.

Columbus City Bulletin (Publish Date 07/29/06) 166 of 408 Section 3. That the expenditure of $33,949.68or so much thereof as may be needed, be and the same hereby is authorized from the Sewerage System Operating Fund, Fund No. 650, OCA 604819, Object Level 1: 06, Object Level 03: 6624.

Section 4. That for the reasons stated in the preamble hereto, where is hereby made a part hereof, this Ordinance is hereby declared to be an emergency measure, which shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1241-2006

Drafting Date: 06/28/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationThe Public Service Department, Transportation Division, has undertaken the On-Call Traffic Calming Construction for Strawberry Farms - 2005 (Phase I). The project consists of construction traffic calming measures such as speed humps, medians, chokers and such other work as necessary to meet all contract requirements. Ordinance 1212-2005 for this project was passed on 07/25/05.

Funding for this project was authorized from the Traffic Calming Project instead of the Arterial Street Rehabilitation Project where the funds were budgeted. This legislation amends Ordinance 1212-2005 to change the funding to the Arterial Street Rehabilitation Project. All Strawberry Farms - 2005 (Phase I) project expenses should be reflected from the same project.

Fiscal Impact: The net impact of these changes is zero. In the revised ordinance the amount authorized for the expenditure within Ordinance 1212-2005 is appropriated from the Arterial Street Rehabilitation Project and authorized for expenditure.

Emergency action is requested to allow the funds to be expended from the proper project allowing the contractor to be properly and expeditiously compensated for work performed and promoting acceptable accounting practices. TitleTo amend Ordinance 1212-2005 to reflect expenditures for the Strawberry Farms - 2005 (Phase I) project being authorized from the Arterial Street Rehabilitation Project instead of the Traffic Calming Project for the Transportation Division and to declare an emergency. ($0.00) BodyWHEREAS, Contract No. EL005520-001 for the Strawberry Farms - 2005 (Phase I) project was authorized by Ordinance 1212-2005, passed July 25, 2005, executed August 30, 2005 and approved by the City Attorney on august 31, 2005; and

WHEREAS, the Ordinance authorized this expenditure directly for the Traffic Calming Project; and

WHEREAS, all Strawberry Farms - 2005 (Phase I) project expenses should be expended from the Arterial Street Rehabilitation Project; and

WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to amend Ordinance 1212-2005 to allow for funds to be expended from the proper project allowing the contractor to be properly and expeditiously compensated for work performed and promoting acceptable accounting practices, thereby preserving the public health, peace, property, safety and welfare; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That Ordinance 1212-2005 be and hereby is amended in title and in body as follows:

(body)

Columbus City Bulletin (Publish Date 07/29/06) 167 of 408 SECTION 3. That $450,000.00 is hereby appropriated within Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385 and Project 540023 530103 to construct traffic calming improvements for the Transportation Division.

SECTION 9. That the expenditure of $450,000.00 for this purpose be and hereby is authorized from Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385 and Project 540023 530103.

SECTION 2. That prior year expenditures in the amount of $117,950.89; $116,104.54 from EL005520 (G&G Cement) and $1,846.35 from EA031742 (Construction Inspection) be corrected to reflect expenditures from Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385 project number 530103 instead of 540023.

SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1242-2006

Drafting Date: 06/29/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Department of Public Utilities has been working for over three years to consolidate the licensing and maintenance of Autodesk products. The software is used for mapping and the creation/updating of shop drawings and architectural plans. The intention of placing all the software on one contract is to streamline the future procurement and licensing process and ensure that all employees have the tools they need to do their work in the most efficient manner. Because the software program is proprietary to the vendor, the Division of Power and Water would like to enter into a sole source contract with DLT Solutions, Inc., the sole distributor in this area, in the amount of $32,886.51. CC# 54-1599882. They do not have certified MBE/FBE status.

It is requested that this Ordinance be handled in an emergency manner, as the division would like to take advantage of a promotional price that has been provided by DLT Solutions, Inc.

FISCAL IMPACT: The Division of Water has not budgeted any funds for this project. Object Level One "03" expenditures will be reprioritized in order to cover the deficit. There have been no expenditures for this type of project in the last two years.

Title To authorize the Director of Public Utilities to enter into a contract, with DLT Solutions, Inc., to consolidate the licensing and maintenance of the Autodesk products, in accordance with the sole source provisions of the Columbus City Code, to authorize the expenditure of $32,886.51 from Water Systems Operating Fund, and to declare an emergency. ($32,886.51)

Body WHEREAS, the Department of Public Utilities has been working for over three years to consolidate the licensing and maintenance of the Autodesk products currently used., and

WHEREAS, the software is used for mapping and the creation/updating of shop drawings and architectural plans, and

Columbus City Bulletin (Publish Date 07/29/06) 168 of 408 WHEREAS, the intention of placing all the software on one contract is to streamline the future procurement and licensing process and ensure that all employees have the tools needed to do their work in the most efficient manner, and

WHEREAS, the software program is proprietary, and

WHEREAS, an emergency exists in the usual daily operation of the Division of Power and Water, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to enter into a contract, with DLT Solutions, Inc., to consolidate the licensing and maintenance of the Autodesk products currently used, in an emergency manner in order to take advantage of a promotional price that has been provided by DLT Solutions, Inc., for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Public Utilities be and is hereby authorized to enter into a contract, with DLT Solutions, Inc., for licensing and maintenance of the Autodesk products, in accordance with the sole source provisions of Section 329.07(e) of the Columbus City Code, for the Division of Power and Water, Department of Public Utilities.

Section 2. That the expenditure of $32,886.51 or as much thereof as may be needed, is hereby authorized from Water Works Fund 600, Department 60-09, OCA Code 602599 Object Level One 03, Object Level Three 3369, to pay the cost thereof.

Section 3. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1243-2006

Drafting Date: 06/29/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: In order to have an effective Land Reutilization Program, it is necessary to acquire other vacant and underutilized properties. The property known as 961 E. 18th Avenue will be held in the City's Land Bank and managed in accordance with the policies and procedures of the Land Reutilization Program. This transfer of property will be done by virtue of deeds, which will be recorded in the Official Records of the County Recorder's Office. This vacant property will be demolished and marketed as a vacant lot for new development of a single family home.

FISCAL IMPACT: No funding is required for this legislation. The maintenance of this property will be provided by internal staff as well as maintenance contractors paid from the Land Management Fund.

Title To authorize the acceptance of a deed for a parcel of land to be held in the Lank Bank inventory (961 E. 18th Avenue).

Body WHEREAS, Marco Quezada, owner of the said real estate has agreed to donate this property to the City's Land Bank; and

WHEREAS, by virtue of said deed to the City of Columbus this deed will be recorded in the Franklin County, Ohio, Recorder's Office; and

Columbus City Bulletin (Publish Date 07/29/06) 169 of 408 WHEREAS, the City desires to accept the deed for said property which will be held in the Land Bank Program and managed in accordance with the Land Reutilization Program's policies and procedures; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the City of Columbus hereby accepts the property described herein as:

Owner: Marco Quezada Parcel: 010-076417 Address: 961 E. 18th Avenue

Being Lot Number One Hundred Forty-Eight (148) in HIGHLAND PLACE, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 16, Page 8, Recorder's Office, Franklin County, Ohio.

Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1244-2006

Drafting Date: 06/29/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: In order to have an effective Land Reutilization Program, it is necessary to acquire other vacant and underutilized properties. The property known as 00 Whitethorne will be held in the City's Land Bank and managed in accordance with the policies and procedures of the Land Reutilization Program. This transfer of property will be done by virtue of a deed, which will be recorded in the Official Records of the County Recorder's Office. This vacant lot will provide green space and future development opportunities.

FISCAL IMPACT: No funding is required for this legislation. The maintenance of this property will be provided by the internal staff as well as maintenance contracts paid from the Land Management Fund.

Title To authorize the acceptance of a deed for a parcel of land to be held in the Lank Bank Inventory until sold. (00 Whitethorne)

Body WHEREAS, Stephen Schenz, Trustee, owner of the said real estate has agreed to donate this property to the City's Land Bank; and

WHEREAS, by virtue of said deed to the City of Columbus this deed will be recorded in the Franklin County, Ohio, Recorder's Office; and

WHEREAS, the City desires to accept the deed for said property which will be held in the Land Bank Program and managed in accordance with the Land Reutilization Program's policies and procedures; now, therefore,

Columbus City Bulletin (Publish Date 07/29/06) 170 of 408 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the City of Columbus hereby accepts the property described herein as:

Owner: Stephen Schenz, Trustee Parcel: 010-077291 Address: 00 Whitethorne

Tract #1: Being a part of Lot Number Eighteen (18) of E. Munson's Glenwood addition, as said Lot is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, page 69, Recorder's Office, Franklin County, Ohio, more particularly described as follows:

Beginning at a point on the east line of Lot Number (18), fifteen (15) feet south of the northeast corner thereof, thence south with the said east line, thirteen feet to a point; thence west on a line parallel with the north line of said Lot 18 to a point twenty-eight (28) feet south of the northwest corner of said lot; thence north with the said west line thirteen (13) feet to a point fifteen (15) feet south of the northwest corner; thence east on a line parallel with the north line of said lot to the place of beginning.

Tract #2: Being ten (10) feet off the south side of said Lot Number Eighteen (18) of E. Munson's Glenwood Addition, as the same is numbered and delineated upon the recorded plat there of, of record in Plat Book 4, Page 69, Recorder's Office, Franklin County, Ohio.

Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1246-2006

Drafting Date: 06/29/2006 Current Status: Passed

Version: 2 Matter Type: Ordinance

Explanation Background: In response to a petition from Jeffrey Place Development LLC, this Council by its Resolution No. 050X-2004 passed on March 8, 2004, approved the creation of The Jeffrey Place New Community Authority (the "Authority") and must make initial appointments to its Board of Trustees and establish a method for selection of successor members of the Authority's Board of Trustees.

In order to support the redevelopment of the former Jeffrey Mining Site, this Council also passed Ordinances No. 0546-02 on April 8, 2002 (the ".41 TIF Ordinance") and No. 1608-02 on October 28, 2002 (the ".40 TIF Ordinance", together with the .41 TIF Ordinance, the "TIF Ordinances"), each declaring as a public purpose improvements to parcels of certain real property located on the former Jeffrey Mining Site (the "Redevelopment Area", as described and depicted in the .41 TIF Ordinance). Each TIF Ordinance provides for a 100% TIF on development within its TIF Area for a period of not more than thirty (30) years, with payments to the Columbus City School District in the amount of real property taxes that School District would have received. The remaining annual service payments in lieu of taxes received in respect of development within each TIF Area will be paid into the Jeffrey Place Urban Redevelopment Tax Increment Equivalent Fund (the ".41 TIF Fund") created by the .41 TIF Ordinance and the Municipal Public Improvement Tax Increment Equivalent Fund created by the .40 TIF Ordinance (the ".40 TIF Fund", together with the .41 TIF Fund, the "TIF Fund") to fund certain

Columbus City Bulletin (Publish Date 07/29/06) 171 of 408 public improvements supporting the redevelopment of the former Jeffrey Mining Site, all as previously identified in each TIF Ordinance.

The attached ordinance appoints three (3) citizen members and one (1) local government representative member to serve on the Authority's Board of Trustees, establishes a method for selection of successor members of the Authority's Board of Trustees, and approves and authorizes a Tax Increment Financing and Cooperative Agreement (the "Agreement") by and among the City, the Authority and the Developer, to implement funding of public improvements in support of the redevelopment by assigning the service payments collected pursuant to each TIF Ordinance to the Authority to pay costs incurred in connection with the construction of the public improvements.

Fiscal Impact: The City has foregone the real property tax revenue that it would have received in respect of development within the TIF Area. Instead, that revenue has been diverted to each TIF Fund, and will be applied and distributed pursuant to the Agreement to promote the further redevelopment of the TIF Area. No funding is required for the appointment of Trustees.

Title To appoint three (3) citizen members and one (1) local government representative member to serve on the Board of Trustees of The Jeffrey Place New Community Authority; to establish a method for selection of successor members of the Authority's Board of Trustees; and to approve and authorize the Director of Development to execute a Tax Increment Financing and Cooperative Agreement in support of the redevelopment and revitalization of the former Jeffrey Mining Site and to declare an emergency.

Body WHEREAS, this Council on March 8, 2004 adopted Resolution No. 050X-2004 (the "NCA Resolution"), which authorized the creation of The Jeffrey New Community Authority with a seven (7) member Board of Trustees pursuant to Chapter 349 of the Revised Code; and

WHEREAS, pursuant the NCA Resolution, this Council is to appoint to the Authority's Board of Trustees three (3) citizen members (collectively, together with their appointed successors, the "Appointed Citizen Members") representing the present and future residents of the Authority's new community district (the "District"), and one (1) member to serve as a representative of local government (collectively, together with all appointed successors, the "Appointed Local Government Member"); and

WHEREAS, coincident with the City's initial appointment of the Appointed Citizen Members and the Appointed Local Government Member, Concorde Capital Corporation intends to appoint to the Board of Trustees three (3) members to serve as representatives of the Developer (collectively, together with their appointed successors, the "Appointed Developer Members"); and

WHEREAS, pursuant to Section 349.04 of the Revised Code, this Council is to establish a method for selection of successor members of the Authority's Board of Trustees; and

WHEREAS, pursuant to Ohio Revised Code Sections 5709.40, 5709.41, 5709.42 and 5709.43, this Council passed Ordinance No. 0546-02 on April 8, 2002 (the ".41 TIF Ordinance") and Ordinance No. 1608-02 on October 28, 2002 (the ".40 TIF Ordinance," together with the .41 TIF Ordinance, the "TIF Ordinance"), each declaring improvements to parcels of certain real property located in the City (as described and depicted in each TIF Ordinance and referred to therein as the "Property") to be a public purpose, exempting those improvements from real property taxation for a period of time, specifying certain public infrastructure improvements (as described in each TIF Ordinance and referred to therein as the "Public Improvements") to be made to benefit those parcels, providing for the making of service payments in lieu of taxes (the "Service Payments") by the owner(s) thereof, providing for payments to the Columbus City School District in the

Columbus City Bulletin (Publish Date 07/29/06) 172 of 408 amount of the real property taxes that School District would have been paid if the improvements had not be exempted from taxation pursuant to each TIF Ordinance, and each TIF Ordinance establishing a tax increment equivalent fund into which the remaining Service Payments are to be deposited; and

WHEREAS, in connection with the redevelopment and revitalization of the Property, this Council now desires to authorize the execution of a tax increment financing and cooperative agreement by and among the City, The Jeffrey New Community Authority, National Community Builders, Inc. (as successor to Concorde Capital Corporation and parent of Waterford Limited Partnership and Green Arbors Housing Limited Partnership), to provide for the payment and assignment of Service Payments collected by the City in respect of the TIF Area; and NOW, THEREFORE,

WHEREAS, an emegency exists in the usual daily operation of the Department of Development in that it is immediately necessary to pass this ordinance as an emergency measure because of the need to expedite the new community authority's bond sale; for the preservation of the public health, peace, property, safety, and welfare; now therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the following Two (2) Appointed Citizen Members are hereby each appointed to The Jeffrey New Community Authority District Board of Trustees to serve a One (1) year term ending July 31, 2007:

Alicia Lein 1668 Moreland Drive Columbus, Ohio 43220

Judy Doll 1096 Wyandotte Road Columbus, Ohio 43212

Section 2. That the following Appointed Citizen Member is hereby appointed to The Jeffrey New Community Authority District Board of Trustees to serve a Two (2) year term ending July 31, 2008:

Judith A. Lane 687 Kerr Street Columbus, Ohio 43215

Section 3. That the following Appointed Local Government Member is hereby appointed to The Jeffrey New Community Authority District Board of Trustees to serve a Two (2) year term ending July 31, 2008:

William P. Webster 109 N. Front Street Columbus, Ohio 43215

Section 4. That the projected total population of the District is 4,000 (the Projected Total Population).

Section 5. That the Appointed Citizen Members shall be replaced by members elected to the Authority's Board of Trustees pursuant to this Ordinance and Section 349.04 of the Revised Code (collectively, together with the members elected to replace the Appointed Developer Members and the Appointed Local Government Member, the Elected Members) in accordance with the following schedule:

a. One Elected Member shall be elected to replace an Appointed Citizen Member on the first Election Date (as hereinafter defined) which occurs after the population of the District equals one-sixth (1/6) of the Projected Total Population.

b. A second Elected Member shall be elected to replace an Appointed Citizen Member on the first Election

Columbus City Bulletin (Publish Date 07/29/06) 173 of 408 Date which occurs after the population of the District equals one-third (1/3) of the Projected Total Population.

c. A third Elected Member shall be elected to replace an Appointed Citizen Member on the first Election Date which occurs after the population of the District equals one-half (1/2) of the Projected Total Population.

Section 6. That Appointed Developer Members shall be replaced by Elected Members in accordance with the following schedule:

a. One Elected Member shall be elected to replace an Appointed Developer Member on the first Election Date which occurs after the population of the District equals one-third (1/3) of the Projected Total Population.

b. A second Elected Member shall be elected to replace an Appointed Developer Member on the first Election Date which occurs after the population of the District equals two-thirds (2/3) of the Projected Total Population.

c. A third Elected Member shall be elected to replace an Appointed Developer Member on the first Election Date which occurs after the population of the District equals the whole of the Projected Total Population.

Section 7. That an Elected Member shall be elected to replace the Appointed Local Government Member on the first Election Date which occurs after the population of the District equals three-quarters (3/4) of the Projected Total Population.

Section 8. That, as used in this Ordinance, "Election Date" means the election date set forth in Section 349.04 of the Revised Code. The Authority's Board of Trustees shall annually determine, not more than one hundred forty (140) and not less than one hundred ten (110) days prior to the Election Date, the population of the District, and shall certify that population to this Council on or before one hundred ten (110) days prior to that Election Date. This Council shall designate which of the Appointed Citizen Members shall be replaced by each Elected Member elected pursuant to Section 2 of this Ordinance, and the Developer shall designate which of the Appointed Developer Members shall be replaced by each Elected Member elected pursuant to Section 3 of this Ordinance. Each Elected Member shall be elected to a two (2) year term. In designating the appointed members to be replaced by Elected Members, this Council and the Developer, so far as reasonably possible, shall make designations that result in the election of four Elected Members and three Elected Members in alternating years after all members are Elected Members.

Section 9. That, unless otherwise provided in this Ordinance or Chapter 349 of the Revised Code, Elected Members shall be nominated, elected and shall qualify for and assume office at the times, in the manner and under the procedures, and subject to the limitations, provided for members elected at large to a board of education of a city school district; provided, however, that (a) nominating petitions for Elected Members shall be filed with the applicable County board of elections not later than 4:00 p.m. on the seventy-fifth day prior to the Election Date, and (b) each candidate for Elected Member and each Elected Member shall be and remain a qualified elector residing within the District, and no Elected Member shall be an employee of or have a financial interest in the Developer.

Section 10. That until such time as all Appointed Citizen Members and the Appointed Local Government Member are replaced by Elected Members, this Council shall appoint or reappoint, as appropriate, such Appointed Citizen Members and the Appointed Local Government Member; and until such time as all Appointed Developer Members are replaced by Elected Members, the Developer shall appoint or reappoint, as appropriate, the Appointed Developer Members. Pursuant to Section 349.04 of the Revised Code, all members of the Authority's Board of Trustees appointed pursuant to this Section 7 shall be appointed to two (2) year overlapping terms; provided that, notwithstanding any other provision of this Ordinance, the term of any Appointed Citizen Member, Appointed Local Government Member or Appointed Developer Member shall end upon the due qualification for and assumption of office by an Elected Member duly elected to replace that appointed member, all as provided herein and in Section 349.04 of the Revised Code. The appointments of Appointed Developer Members, including any necessary designations of terms, shall be in writing and filed with the Clerk of this Council within ten (10) days after they are made. No Appointed Citizen Member shall be an employee of or have a financial interest in the Developer.

Columbus City Bulletin (Publish Date 07/29/06) 174 of 408 Section 11. That, pursuant to Section 349.04 of the Revised Code, each member of the Authority's Board of Trustees, before entering upon their official duties, shall take and subscribe to an oath before an officer authorized to administer oaths in Ohio that the member will honestly and faithfully perform the duties of their office. That oath shall be filed in the office of the Clerk of this Council. Each member of the Authority's Board of Trustees shall also post a bond for the faithful performance of their duties and give surety therefor in an amount not less than Ten Thousand Dollars ($10,000). The bond shall be with a company authorized to conduct business within the State of Ohio as a surety and shall be deposited with and preserved by the City of Columbus Auditor.

Section 12. That the Tax Increment Financing and Cooperative Agreement (the "Agreement") by and among the City, The Jeffrey New Community Authority, and National Community Builders, Inc. and its affiliates Waterford Limited Partnership and Green Arbors Housing Limited Partnership, in the form presently on file with the Director of Development, providing for, among other things, the collection and assignment of the Service Payments, is hereby approved and authorized. The Director of Development, for and in the name of this City, is hereby authorized to execute that Agreement. This Council further hereby authorizes and directs the City Auditor, the City Attorney, the Director of Development, and the Clerk of Council, or other appropriate officers of the City, to make such arrangements as are necessary and proper for collection, receipt and application of those Service Payments as provided in each TIF Ordinance and that Agreement.

Section 13. That the Service Payments deposited in either TIF Fund shall be deemed appropriated for the purposes set forth in the respective TIF Agreement and are hereby authorized to be expended therefrom in accordance with the respective TIF Agreement, and the City Auditor is hereby authorized to make payments from the TIF Funds upon receipt of invoice(s) approved by the Director of Development.

Section 14. This Ordinance may be amended and supplemented by this Council.

Section 15. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1247-2006

Drafting Date: 06/29/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: A modification to Contract No. EL005938 is needed for additional work related to the Prestwick and Trabue Woods Park Improvements.

Amount of modification is $8,643.00 bringing the total modified contract cost to $238,597.00.

An additional 870 LF of concrete sidewalk has been added to this project.

The Contract Compliance Number for Miller Pavement is #31-0831781. Emergency legislation is requested to allow contractor to proceed with work immediately while still working at this locati

Columbus City Bulletin (Publish Date 07/29/06) 175 of 408 Emergency legislation is requested to allow contractor to proceed with work immediately while still working at this locati Title To authorize and direct the Director of Recreation and Parks to modify the contract with Miller Pavement for additional work related to the Prestwick and Trabue Woods Park Improvements, to authorize the expenditure of $8,643.00 from the Parks and Recreation Voted 1999/2004 Bond Fund, and to declare an emergency. ($8,643.00)

Body WHEREAS, it is necessary to modify the contract with Miller Pavement for additional work related to the Prestwick and Trabue Woods Park Improvements; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to modify said contract so contractrocan proceed with work immediately while still working at this location; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to modify Contract No. EL005938 with Miler Pavement for work related to the Prestwick and Trabue Woods Park Improvements, in accordance with plans and specifications on file in the Recreation and Parks Department.

Section 2. That the expenditure of $8,643.00 or so much thereof as may be necessary, be and is hereby authorized from the Parks and Recreation Voted 1999/2004 Bond Fund No. 702, Dept. No. 51-01, as follows, to pay the cost thereof.

Fund Type Project No. Object Level 3 OCA Code Amount Cap. Proj. 510017 6620 644526 $8,643.00

Section 3. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1249-2006

Drafting Date: 06/29/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance will authorize the Director of Recreation and Parks to enter into contract with Moody Nolan, Inc., for the Regional Recreation Center Feasibility Study.

Moody Nolan,Inc., was selected for this project from proposals received four proposals. It was determined that Moody Nolan's proposal and experience far exceeded the other firms and the evaluation committee unanimously recommended that Moody Nolan be awarded the contract.

The study includes programming, schematic design and cost estimating, operational and revenue plans and appropriate drawings and renderings to represent the proposed facility. Additonally, the study will include a LEED based assessment of sustainable design opportunities in keeping with the Mayor's Green initiative.

Columbus City Bulletin (Publish Date 07/29/06) 176 of 408 The Contract Compliance Number for Moody Nolan, Inc., is #31-1256984.

Emergency action is necessary to pass prior to August Council recess.

Fiscal Impact: $100,000.00 is required and budgeted in the Voted 1999/2004 Parks and Recreation Bond Fund to meet the financial obligation of this contract.

Title To authorize and direct the Director of Recreation and Parks to enter into contract with Moody Nolan, Inc., for the Regional Recreation Center Feasibility Study, to authorize the expenditure of $100,000.00 from the Voted 1999/2004 Parks and Recreation Bond Fund, and to declare an emergency. ($100,000.00)

Body WHEREAS, proposals were received from four firms for the Regional Recreation Center Feasibility Study; and

WHEREAS, the contract will be awarded based on experience, availability, and knowledge; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to enter into said contract prior to the August Council recess; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to enter into contract with Moody Nolan, Inc., for the Regional Recreation Center Feasibility Study.

Section 2. That the expenditure of $100,000.00, or so much thereof as may be necessary, be and is hereby authorized from the Voted 1999/2004 Recreation and Parks Bond Fund No. 702, Dept. 51-01, as follows, to pay the cost thereof.

Fund Type Project No. Project Title Object Level 3 OCA Code Amount Cap. Proj. 510321 Northland Project 6681 644526 $100,000

Section 3. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1250-2006

Drafting Date: 06/29/2006 Current Status: Passed

Version: 2 Matter Type: Ordinance

Explanation Rezoning Application Z06-027

APPLICANT: Portrait Homes - Ohio, LLC; c/o Dave Perry, Agent; The David Perry Co.; 145 East Rich Street; Columbus, OH 43215; and Donald Plank, Atty.; Plank and Brahm; 145 East Rich Street; Columbus, OH 43215.

Columbus City Bulletin (Publish Date 07/29/06) 177 of 408 PROPOSED USE: Multi-family residential development.

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 11, 2006.

CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed L-AR-12, Limited Apartment Residential District, would permit the development of 66 multi-family dwelling units, and the proposed rezoning is compatible with development on the arterial corridor, the adjacent L-AR-12 site to the west, and church to the east. Companion variance application CV06-038 (Ordinance 1254-2006) specifies an apartment complex that includes two-family dwellings.

Title To rezone 7440 EAST BROAD STREET (43004), being 11.2 ± acres located on the north side of East Broad Street, opposite Kingsmeadow Lane, From: R, Rural District, To: L-AR-12, Limited Residential District and to declare an emergency. (Rezoning # Z06-027)

Body WHEREAS, application #Z06-027 is on file with the Building Services Division of the Department of Development requesting rezoning of 11.2± acres from the R, Rural District to the L-AR-12, Limited Residential District; and

WHEREAS, the Development Commission recommends approval of said zoning change; and

WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance so permits can be submitted following closing for the immediate preservation of the public peace, property, health and safety; and

WHEREAS, the City Departments recommend approval of said zoning change because the proposed L-AR-12, Limited Apartment Residential District, would permit the development of 66 multi-family dwelling units, and the proposed rezoning is compatible with development on the arterial corridor, the adjacent L-AR-12 site to the west, and church to the east. Companion variance application CV06-038 (Ordinance 1254-2006) specifies an apartment complex that includes two-family dwellings; and

WHEREAS, said ordinance requires separate submission for all applicable permits for the proposed use, now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:

7440 EAST BROAD STREET (43004), being 11.2 ± acres located on the north side of East Broad Street, opposite Kingsmeadow Lane, and being more particularly described as follows:

Situated in the State of Ohio, County of Franklin, Township of Jefferson, lying in Quarter Township 4, Township 1, Range 16, United States Military District, being all of the remainder of that 4.34 acre tract (Tract II) and all of that 2.788 acre tract (Tract I) conveyed to James A. Geiger, Trustee and Victoria L. Geiger, Trustee of record in Instrument Number 200502230032593, all of the remainder of that 4.47 acre tract conveyed to Christopher Blackburn and Marlene Blackburn of record in Instrument Number 200006260125744, and described as follows: Beginning, for reference, at a monument found marking an angle point in the centerline of East Broad Street, being Station 306+17.79 of FRA/LIC-16-10.30/0.00 on file at the Ohio Department of Transportation; thence South 81° 50' 35" West, with said centerline, 389.60 feet to the southwest corner of 44 WD conveyed to The State of Ohio of record in Official Record 16439B15 and the southeast corner of 38 WD conveyed to The State of Ohio of record in Official Record 16464D11; thence North 03° 51' 45" East, with a common line to said 44 WD and said 38 WD, 56.23 feet to a ½ inch iron rod found at a common corner thereof, a southwest corner of that 1.422 acre tract conveyed to Annis L. Brake of record in Instrument Number 200305200150381, and in the north right-of-way line of East Broad Street, being the True Point of Beginning;

Columbus City Bulletin (Publish Date 07/29/06) 178 of 408 thence South 81° 50' 35" West, with said north right-of-way line and the north line of said 38 WD, and the north line of 37 WD conveyed to The State of Ohio of record in Official Record 16464B13, passing a ½ inch iron rod found at 163.69 feet, 327.43 feet to a ½ inch iron rod found at a northwest corner of said 37 WD, a northeast corner of 36 WD conveyed to The State of Ohio of record in Official Record 16572B03, and a southeast corner of Willow Oaks Condominium of record in Condo Plat Book 91, Page 75; thence North 03° 31' 24" East, with the east line of said Willow Oaks Condominium, the east line of Willow Oaks Condominium First Amendment of record in Condo Plat Book 97, Page 1, the east line of Willow Oaks Condominium Second Amendment of record in Condo Plat Book 100, Page 59, the east line of Willow Oaks Condominium Third Amendment of record in Condo Plat Book 103, Page 93, the east line of Willow Oaks Condominium Fourth Amendment Part One of record in Condo Plat Book 105, Page 91, 1162.40 feet to a point referenced by a 1 inch iron pin found 0.65 feet south and 0.16 feet east, at a northeast corner thereof and in the south line of McNeill Farms Section 3 Part 3 of record in Plat Book 94, Page 36; thence South 86° 08' 26" East, with said south line and the south line of the remainder of that 42.71 acre tract conveyed to M. Melisse Strauch of record in Instrument Number 200403230063263, passing ¾ inch iron pipes with Hoy caps found at 111.83, 171.83 and 231.83 feet and a ¾ inch iron pipe found at 292.18 feet, 492.19 feet to a ½ inch iron rod found at northwest corner of the remainder of that 3.59 acre tract conveyed to East Side Grace Brethren Church of Columbus, Ohio of record in Deed Book 3336, Page 691; thence South 04° 06' 05" West, with the west line of said 3.59 acre tract, 768.08 feet to an iron pin set at a northeast corner of said 1.422 acre tract; thence North 85° 31' 54" West, with the north line of said 1.422 acre tract, passing a ½ inch iron rod found at 161.34 feet, 161.87 feet to a point; thence South 03° 51' 45" West, with the west line of said 1.422 acre tract, 327.86 feet to the True Point of Beginning, containing 11.266 acres, more or less. Subject, however, to all legal rights-of-way and/or easements, if any, of previous record. Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC. This description was prepared through the use of existing records and an actual field survey performed in October, 2005. The bearings are based on the Ohio State Plane Coordinate System per NAD83 (1986 Adjustment), South Zone. Control for bearings was from the coordinates of monuments FCGS 5011 and FCGS 4409, having a bearing of South 09° 48' 44" West, as established by the Franklin County Engineering Department. All references are to the records of the Recorder's Office, Franklin County, Ohio.

To Rezone From: R, Rural District,

To: L-AR-12, Limited Apartment Residential District.

SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-AR-12, Limited Residential District on this property.

SECTION 3. That the Director of the Department of Development be, and he is hereby, authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved L-AR-12, Limited Apartment Residential District among the records of the Building Services Division as required by the Columbus City Codes; said text being titled, "DEVELOPMENT TEXT, L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT, 11.2 +/- ACRES", dated May 26, 2006, and signed by David B. Perry, Agent for Applicant, and Donald Plank, Attorney for Applicant, dated May 26, 2006, and the text reading as follows:

DEVELOPMENT TEXT

L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT

11.2 +/- ACRES

Columbus City Bulletin (Publish Date 07/29/06) 179 of 408 EXISTING DISTRICT:

R, Rural District

PROPOSED DISTRICT:

L-AR-12, Limited Apartment Residential

ADDRESS:

7440 East Broad Street, Columbus, OH 43004

OWNER(S):

Christopher Blackburn and James A. and Virginia L. Geiger, Trustees, c/o Dave Perry, Agent, The David Perry Co., 145 East Rich Street, Columbus, OH 43215 and Donald Plank, Attorney, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215

APPLICANT:

Portrait Homes - Ohio, LLC c/o Dave Perry, Agent, The David Perry Co., 145 East Rich Street, Columbus, OH 43215 and Donald Plank, Attorney, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215

DATE OF TEXT:

May 26, 2006

APPLICATION NUMBER:

Z06-027

INTRODUCTION:

The subject property is 11.2 + acres generally located on the north side of East Broad Street, west of Waggoner Road and opposite (north of) the intersection of Kingsmeadow Lane and East Broad Street. Applicant proposes to develop the property with dwelling units.

1. PERMITTED USES: Those uses listed in Section 3333.02 (AR-12) Apartment Residential, of the Columbus City Code and permitted accessory uses.

2. DEVELOPMENT STANDARDS: Unless otherwise specified herein, the applicable development standards of Chapter 3333 Apartment Districts, shall apply.

A. Density, Height, Lot and/or Setback Commitments.

1. Density shall not exceed 66 dwelling units.

2. No building shall exceed 1 1/2 stories above grade.

3. The minimum parking setback along East Broad Street shall be 60 feet.

4. The east, west and north perimeter yard shall be 25 feet.

B. Access, Loading, Parking and/or other Traffic Related Commitments.

Columbus City Bulletin (Publish Date 07/29/06) 180 of 408 1. The East Broad Street full turning movement curb cut shall be aligned with the intersection of Kingsmeadow Lane (south side of East Broad Street and shall consist of three (3) lanes, as follows: one (1) incoming lane and separate right and left turn exit lanes. A landscaped center median may be used incorporated into the entrance design. Curb cuts and access points shall be approved according to the specifications of the City of Columbus Division of Transportation or any other applicable governmental agency.

2. All on site streets will be private. The private streets shall be designed with a minimum pavement width of 22 feet. a. Parking restrictions shall be installed per current City policy on signage for private streets and alleys/lanes. They shall include that parking be limited to one side of the street where street widths are less than 26 ft., no parking shall be permitted on either side of any street within 61 ft. of the midpoint of street intersections, and that there will be no parking on alleys/lanes. Fire hydrants shall be located on the side of the street where no parking is permitted. b. The owner, developer, and/or the Homeowners Association must establish and maintain an agreement(s) with a private towing company(s), which authorizes the private towing company(s) to remove/tow any vehicles parked in restricted areas. There may be one or more such agreements with one or more towing company(s) for any times/lengths, terms, etc. as the owner, developer, and/or Homeowners Association determines, so long as at least one such agreement shall always, at all times be in force for the purposes of enforcements/removal/towing as required above. Towing agreements shall be filed annually with the Columbus Division of Fire, Fire Prevention Bureau, Plans Review Office, upon execution of contract." c. The owners, developer, and/or Homeowners Association shall designate the City of Columbus as an authorized agent for the sole and specific purposes of enforcement of parking restrictions and the issuance of citations and/or removal of vehicles parked in violation of posted parking restrictions on private streets and alley/lanes." d. Intersection details concerning turning radii, parking restrictions and intersection configurations shall conform with the Fire Vehicle Access Plan.

3. A five (5) foot wide sidewalk shall be provided along and parallel to East Broad Street.

4. An internal four (4) foot wide sidewalk shall be provided along one (1) side of any internal private street.

C. Buffering, Landscaping, Open Space and/or Screening Commitments.

1. The frontage along East Broad Street shall be landscaped with street trees placed every forty (40) feet, subject to adjustment of spacing based on driveway location and clear vision requirements. The trees shall be approximately evenly spaced and planted in the right of way, subject to approval of the City Forester and Public Service Department, or otherwise shall be planted adjacent to the right-of-way.

2. The East Broad Street parking setback shall be maintained in live vegetation except as required for compliance with storm water detention/retention requirements. Entrance feature walls, fencing and/or landscaping are also permitted in the setback subject to no fence or wall shall exceed six (6) feet in height in the East Broad Street Parking setback. Randomized tree planting at the rate of three (3) trees per 100 lineal feet of East Broad Street frontage shall also be included within the setback. The trees shall be placed randomly to simulate natural hedgerow. These trees are in addition to the street trees required in No. 1, above. 3. A minimum of one (1) tree per dwelling unit shall be planted on site.

4. The west 25 foot perimeter yard shall be landscaped with evergreen trees planted at the rate of one (1) tree per fifteen (15) feet on center starting at the East Broad Street 60 foot building setback line and extending to the south line of the north 25 foot perimeter yard.

5. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six (6) months.

6. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper; Ornamental - 1 ½

Columbus City Bulletin (Publish Date 07/29/06) 181 of 408 inch caliper; Evergreen - 5 feet in height.

7. All parking areas adjacent to East Broad Street shall have headlight screening parallel to the frontage, with a minimum height of 36 inches measured from the elevation of the nearest section of East Broad Street. Headlight screening shall be in the form of an evergreen hedge or other landscaping, earth mounding or walls. The height of headlight screening may be reduced as needed adjacent to curb cuts to provide adequate vision clearance.

8. Mounding, if any, shall have a maximum slope of 3:1.

9. Trees of 4 inch caliper or greater in the north 25 foot perimeter yard shall be preserved.

D. Building Design and/or Interior-Exterior Treatment Commitments.

1. Building materials shall be traditional and natural in appearance, such as wood, brick, stone, stucco, EIFS and/or glass. Vinyl and other materials are permitted as long as they are natural in appearance. Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater. Dimensional asphalt shingles shall be used.

E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.

1. All private street lighting fixtures shall be fully shielded cut-off fixtures (down lighting) or decorative lantern or luminaire-style fixtures.

2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.

3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles shall not exceed a maximum of 14 feet in height.

4. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize off-site light spillage.

5. All new or relocated utility lines shall be installed underground, unless a public utility does not permit underground installation in a particular location or instance. 6. It is the developer's intention to obtain a dumpster waiver. Subject to approval of a Dumpster Waiver, refuse collection shall be provided by private hauler. All residents shall have a private refuse container(s). If a dumpster waiver is not granted or if revoked by the City of Columbus or if the Condominium Association requests refuse service by the City of Columbus, dumpsters will be provided in accordance with applicable city code. F. Graphics and Signage Commitments.

1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the AR-12, Apartment Residential Districts. Any variance to the applicable requirements of the AR-12 district shall be submitted to the Columbus Graphics Commission.

G. Miscellaneous

1. Prior to the issuance of a Certificate of Zoning Clearance, an avigation easement shall be granted for any portion of the site located within a regulated LdN contour.

2. The site is subject to Parkland Dedication Ordinance (PDO) fees. PDO fees shall be paid prior to the issuance of a Certificate of Zoning Clearance.

3. A temporary sales office shall be permitted prior to the development of a model dwelling unit(s).

Columbus City Bulletin (Publish Date 07/29/06) 182 of 408 SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1252-2006

Drafting Date: 06/29/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationBackground The Ohio Department of Aging awarded funding under the various state grants awarded to the Central Ohio Area Agency on Aging of the Recreation and Parks Department.

This legislation will authorize the Director of Recreation and Parks to enter into nineteen (19) contracts for the continued operation of these programs in Central Ohio for the period July 1, 2006 through June 30, 2007.

This ordinance is contingent upon the passage of the appropriation Ordinance No. 1206-06.

Emergency action is requested for continuation of services to older adults beyond July 1, 2006.

Fiscal Impact $467,345.00 is required from the Recreation and Parks Grant Fund to enter into said contracts. TitleTo authorize and direct the Director of Recreation and Parks to enter into nineteen (19) contracts for the provision of services to older adults in Central Ohio in connection with various grant programs, to authorize the expenditure of $467,345.00 from the Recreation and Parks Grant Fund. and to declare an emergency. ($467,345.00)

BodyWHEREAS, the Ohio Department of Aging has awarded grant funds to the Central Ohio Area Agency on Aging of the Recreation and Parks Department; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to enter into said so there is no interruption of services to older adults; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to enter into nineteen (19) contracts for the provision of services to older adults in Central Ohio for the period July 1, 2006 through June 30, 2007 as follows:

Agency Name Active Day of Columbus (Franklin County) Alzheimer's Association of Central Ohio (Area-wide) Carol Strawn Center (Licking County) Community Adult Day Service (Fayette County) Catholic Social Services (Franklin County) First Link (Franklin County) Fairhope (Fairfield County) Heritage Day Health Centers (Franklin County) Interim Health Care (Fayette, Madison and Union Counties) Leo Yassenoff Jewish Center (Franklin County) Licking County Aging Program (Licking County) Life Center Adult Day Care (Franklin County)

Columbus City Bulletin (Publish Date 07/29/06) 183 of 408 Madison County Senior Center (Madison County) Pickaway County Commission on Aging (Pickaway County) Salvation Army (Fairfield County) Senior Independence (Franklin County) Washington's Intergenerational Adult Day Care (Franklin County) Westminister-Thurber (Franklin County) Wexner Heritage Village (Franklin County)

Section 2. That the expenditure of $467,345.00, or so much thereof as may be necessary, be and is hereby authorized from Recreation and Parks Grant Fund No. 286, Department No. 51, Object Level 3-3337, to pay the cost thereof as follows:

Grant: Alzheimer's Respite, Project: 518047, OCA NO.: 514372, Amount: $404,946.00 Grant: Senior Volunteer, Project: 518025, OCA NO.: 512822, Amount: $20,399.00 Grant: State Block Grant, Project: 518315, OCA NO.: 514539, Amount: $42,000.00 TOTAL: $467,345.00

Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1253-2006

Drafting Date: 06/29/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance authorizes and directs the Director of the Department of Finance and Management to establish a purchase order with Software House International on behalf of the Franklin County Municipal Court for Microsoft Office 2003 software. This software is being acquired through a bid state term contract (0A02011 - Expiration 9/30/2006) that is available for the city's use. As a result, it is requested that the provisions of competitive bidding by waived.

The Franklin County Municipal Court Clerk's case management system, Courtview, used extensively by staff in both the Clerk and Judges organizations, employs Corel software to generate forms, reports and other documents. The Clerk has made the decision to begin to convert its case management system forms generator to use Microsoft Word, necessitating the acquisition of Microsoft Office 2003 software for the Court.

This company is not debarred according to the Excluded Party Listing System of the Federal Government or prohibited from being awarded a contract according to the Auditor of State Unresolved Findings for Recovery Certified Search.

Contract Compliance: Software House International CC# 223009648 - Expiration 11/09/2007

Fiscal Impact: Funding for this purchase is available within the Franklin County Municipal Court's 2006 computer fund budget.

Emergency action is requested to allow the financial transaction to be posted in the city's accounting system as soon as possible. Up to date financial posting promotes accurate accounting and financial management.

Title To authorize and direct the Director of the Department of Finance and Management to establish a purchase order with Software House International on behalf of the Franklin County Municipal Court for Microsoft Office 2003 software; to

Columbus City Bulletin (Publish Date 07/29/06) 184 of 408 authorize the expenditure of $50,190 or so much as may be needed from the court computerization fund; to waive the competitive bidding provisions of the Columbus City Code; and to declare an emergency. ($50,190.00)

Body WHEREAS, the Franklin County Municipal Court has a need to transition its office product software to Microsoft products and licenses; and

WHEREAS, a bid state term contract (0A02011) is available for the city's use with Software House International for the purchase of Microsoft Office 2003 software; and

WHEREAS, funding is available for this purchase within the Franklin County Municipal Court's 2006 computerization fund; and

WHEREAS, it is in the best interest of the city to waive competitive bidding and procure the needed licenses from Software House International; and

WHEREAS, an emergency exists in the daily operation of the Franklin County Municipal Court in that it is immediately necessary for the Director of the Department of Finance and Management to establish a purchase order with Software House International, to authorize the expenditure for the purchase Microsoft Office software, thereby preserving the public health, peace, property, safety and welfare; Now, Therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Director of the Department of Finance and Management be and hereby is authorized to establish a purchase with Software House International on behalf of the Franklin County Municipal Court for the purchase of Microsoft Office 2003 software through the bid state term contract 0A02011.

SECTION 2. That the expenditure of $50,190, or so much as may be needed, be and hereby is authorized within the Franklin County Municipal Court, department number 2501, computerization fund, fund number 227, subfund number 001, oca 250340, object level 1 - 02, object level 2 - 2224, to pay the cost thereof.

SECTION 3. That in accordance with 329.27 of the Columbus City Code, this Council finds the best interest of the city is served by waiving, and does hereby waive Section 329.06 (Competitive Sealed Bidding) of the Columbus City Code.

SECTION 4. That for the reasons state in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves or vetoes the same.

Legislation Number: 1254-2006

Drafting Date: 06/29/2006 Current Status: Passed

Version: 2 Matter Type: Ordinance

Explanation Council Variance Application: CV06-038

APPLICANT: Portrait Homes - Ohio, LLC; c/o Donald Plank, Atty.; Plank and Brahm; 145 East Rich Street; Columbus, OH 43215.

PROPOSED USE: Multi-family residential development, including two-family dwellings.

Columbus City Bulletin (Publish Date 07/29/06) 185 of 408 CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a Council variance to allow the construction of two-family dwellings in the L-AR-12, Limited Apartment Residential District. A variance is necessary because the AR-12, Apartment Residential District requires each dwelling to have no fewer than three (3) dwelling units, while the applicant proposes a multi-family development that includes two-family dwellings. Additionally, variances to allow stacked parking in the driveways and to allow a pond in the east perimeter yard are requested. This property and tax parcel to the east will ultimately be combined, eliminating the perimeter yard requirement at this location. Staff supports these variances as they are technical in nature and will allow development that is compatible and consistant with development patterns of the area.

TitleTo grant a Variance from the provisions of Section 3333.02, AR-12, ARLD and AR-1, Apartment Residential District Use; 3333.255, Perimeter Yard; 3342.15, Maneuvering, of the Columbus City Codes for the property located at 7440 EAST BROAD STREET (43004), to allow two-family dwellings and stacked parking in the L-AR-12, Limited Apartment Residential District and to declare an emergency. (Council Variance CV06-038)

Body WHEREAS, by application # CV06-038, the owner of the property at 7440 EAST BROAD STREET (43004), is requesting a Variance to permit a two-family dwellings and stacked parking in the L-AR-12, Limited Apartment Residential District; and

WHEREAS, Section 3333.02, AR-12, ARLD and AR-1, Apartment Residential District Use, does not permit two-family dwellings, while the applicant proposes to construct two-family dwellings as part of an apartment complex; and

WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance so permits can be submitted following closing for the immediate preservation of the public peace, property, health and safety; and

WHEREAS, Section 3342.15, Maneuvering, requires each parking space to have sufficient access and maneuvering area, while the applicant proposes to permit stacked parking in private driveways in front of the two-car attached garages of each dwelling unit; and

WHEREAS, Section 3333.255, Perimter Yard, requires the perimeter yard to be landscaped with live plant material, while the applicant is currently annexing the adjacent parcel to the east for inclusion in the development. Applicant will be locating a pond in the east perimeter yard and, while the tax parcels will be combined after the additional parcel is annexed and rezoned, the Certificate of Zoning Clearance for the 11.2+ acres that are the subject of this ordinance will be submitted before the tax parcel combination occurs; and

WHEREAS, City Departments recommend approval because the requested Council variance will allow the construction of two-family dwellings in the L-AR-12, Limited Apartment Residential District. A variance is necessary because the AR-12, Apartment Residential District requires each dwelling to have no fewer than three (3) dwelling units, while the applicant proposes a multi-family development that includes two-family dwellings. Additionally, variances to allow stacked parking in the driveways and to allow a pond in the east perimeter yard are requested. This property and tax parcel to the east will ultimately be combined, eliminating the perimeter yard requirement at this location. Staff supports these variances as they are technical in nature and will allow development that is compatible and consistant with development patterns of the area; and

WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and

WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and

WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and

Columbus City Bulletin (Publish Date 07/29/06) 186 of 408

WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 7440 EAST BROAD STREET(43004), in using said property as desired and; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That a variance from the provisions of Section 3333.02, AR-12, Apartment Residential District use; 3333.255, Perimeter Yard; 3342.15, Maneuvering, of the Columbus City codes for the property located at 7440 EAST BROAD STREET (43004), insofar as said sections prohibit two-family dwellings, a pond in the east perimter yard and stacked parking; said property being more particularly described as follows:

Situated in the State of Ohio, County of Franklin, Township of Jefferson, lying in Quarter Township 4, Township 1, Range 16, United States Military District, being all of the remainder of that 4.34 acre tract (Tract II) and all of that 2.788 acre tract (Tract I) conveyed to James A. Geiger, Trustee and Victoria L. Geiger, Trustee of record in Instrument Number 200502230032593, all of the remainder of that 4.47 acre tract conveyed to Christopher Blackburn and Marlene Blackburn of record in Instrument Number 200006260125744, and described as follows: Beginning, for reference, at a monument found marking an angle point in the centerline of East Broad Street, being Station 306+17.79 of FRA/LIC-16-10.30/0.00 on file at the Ohio Department of Transportation; thence South 81° 50' 35" West, with said centerline, 389.60 feet to the southwest corner of 44 WD conveyed to The State of Ohio of record in Official Record 16439B15 and the southeast corner of 38 WD conveyed to The State of Ohio of record in Official Record 16464D11; thence North 03° 51' 45" East, with a common line to said 44 WD and said 38 WD, 56.23 feet to a ½ inch iron rod found at a common corner thereof, a southwest corner of that 1.422 acre tract conveyed to Annis L. Brake of record in Instrument Number 200305200150381, and in the north right-of-way line of East Broad Street, being the True Point of Beginning; thence South 81° 50' 35" West, with said north right-of-way line and the north line of said 38 WD, and the north line of 37 WD conveyed to The State of Ohio of record in Official Record 16464B13, passing a ½ inch iron rod found at 163.69 feet, 327.43 feet to a ½ inch iron rod found at a northwest corner of said 37 WD, a northeast corner of 36 WD conveyed to The State of Ohio of record in Official Record 16572B03, and a southeast corner of Willow Oaks Condominium of record in Condo Plat Book 91, Page 75; thence North thence South 86° 08' 26" East, with said south line and the south line of the remainder of that 42.71 acre tract conveyed to M. Melisse Strauch of record in Instrument Number 200403230063263, passing ¾ inch iron pipes with Hoy caps found at 111.83, 171.83 and 231.83 feet and a ¾ inch iron pipe found at 292.18 feet, 492.19 feet to a ½ inch iron rod found at northwest corner of the remainder of that 3.59 acre tract conveyed to East Side Grace Brethren Church of Columbus, Ohio of record in Deed Book 3336, Page 691; thence South 04° 06' 05" West, with the west line of said 3.59 acre tract, 768.08 feet to an iron pin set at a northeast corner of said 1.422 acre tract; thence North 85° 31' 54" West, with the north line of said 1.422 acre tract, passing a ½ inch iron rod found at 161.34 feet, 161.87 feet to a point; thence South 03° 51' 45" West, with the west line of said 1.422 acre tract, 327.86 feet to the True Point of Beginning, containing 11.266 acres, more or less. Subject, however, to all legal rights-of-way and/or easements, if any, of previous record. Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC. This description was prepared through the use of existing records and an actual field survey performed in October, 2005. The bearings are based on the Ohio State Plane Coordinate System per NAD83 (1986 Adjustment), South Zone. Control for bearings was from the coordinates of monuments FCGS 5011 and FCGS 4409, having a bearing of South 09° 48' 44" West, as established by the Franklin County Engineering Department. All references are to the records of the Recorder's Office, Franklin County, Ohio. 03° 31' 24" East, with the east line of said Willow Oaks Condominium, the east line of Willow Oaks Condominium First Amendment of record in Condo Plat Book 97, Page 1, the east line of Willow Oaks Condominium Second Amendment of record in Condo Plat Book 100, Page 59, the east line of Willow Oaks Condominium Third Amendment of record in Condo Plat Book 103, Page 93, the east line of Willow Oaks Condominium Fourth Amendment Part One of record in Condo Plat Book 105, Page 91, 1162.40 feet to a point referenced by a 1 inch iron pin found 0.65 feet south and 0.16 feet east, at a northeast corner thereof and in the south line of McNeill Farms Section 3 Part 3 of record in Plat Book 94, Page

Columbus City Bulletin (Publish Date 07/29/06) 187 of 408 36; SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two-family dwellings, and/or those uses permitted in the L-AR-12, Limited Apartment Residential District (Z06-027).

SECTION 3. That this ordinance is conditioned on the number of dwelling units being limited to 74 and every dwelling unit having not less than a two-car attached garage.

SECTION 4.That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.

SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1256-2006

Drafting Date: 06/30/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationBackground: This legislation authorizes the City to enter into a contract in an amount up to $269,578.80 for the Parsons Avenue Alleys project and to pay construction inspection costs up to $30,654.00. This improvement includes providing a "chip and seal" surface treatment to the existing alleys running parallel to Parsons Avenue on the east and west sides from Livingston Avenue to Hosack Street. The estimated Notice to Proceed date is September 5, 2006. This project has been given 30 days to complete the construction of the project scope. The project was let by the Transportation Division and was advertised in the City Bulletin, Dodge Reports, and by the Builders Exchange of Ohio. Two bidders/suppliers requested the contract bid documents (two majority, no minority) and one bid was received (majority) and tabulated on June 8, 2006 as follows:

The Shelly Company $269,578.80

Award is to be made to The Shelly Company c.c. #31-1279704 (expiring 7/12/2008), as the responsive and responsible bidder.

Emergency action is requested to allow immediate expenditure of the necessary funds so that construction may begin on or around September 5, 2006.

Fiscal Impact: Funding for this project is budgeted within the Transportation Division as part of the Neighborhood Commercial Revitalization Program and is available within the 1995, 1999, 2004 Voted Streets and Highways Fund for this work.

TitleTo authorize the Public Service Director to enter into a contract for the Transportation Division with The Shelly Company for construction of the Parsons Avenue Alleys project; to authorize the expenditure of $300,232.80 from the 1995, 1999, 2004 Voted Street and Highway Funds for the Transportation Division; and to declare an emergency. ($300,232.80).

BodyWHEREAS, bid was received on June 8, 2006, and tabulated on June 8, 2006, for the Parsons Avenue Alleys project and a satisfactory bid has been received; and

WHEREAS, it is necessary to provide for construction inspection costs; and

WHEREAS, an emergency exists in the usual daily operation of the Transportation Division in that the contract should be awarded immediately so that the work may proceed on or around September 5, 2006; now, therefore

Columbus City Bulletin (Publish Date 07/29/06) 188 of 408 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Public Service Director be and is hereby authorized to enter into a contract with The Shelly Company, 1771 Harmon Avenue, Columbus, Ohio 43223, for the construction of the Parsons Avenue Alleys project in the amount of $269,578.80, for the Transportation Division in accordance with the specifications and plans on file in the office of the Director of Public Service, which are hereby approved; to obtain and pay for the necessary inspection costs associated with the project up to a maximum of $30,654.00 SECTION 2. That for the purpose of paying the cost of the contract and inspection, the sum of $300,232.80 or so much thereof as may be needed, is hereby authorized to be expended from 1995, 1999, 2004 Voted Streets and Highways Fund, No. 704 for the Transportation Division, Dept./Div. 59-09, OCA Code 644385, Object Level Three 6631 and project 530058. SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1257-2006

Drafting Date: 06/30/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationBackground: This legislation authorizes the City to enter into a contract in an amount up to $384,153.00 for the Maize Road Sidewalks Project and to pay construction inspection costs up to $44,938.00. This improvement includes adding sidewalks along both sides of Maize Road from Morse Road to 240' south of Hillsdale Drive. The estimated Notice to Proceed date is September 5, 2006. This Project has been given 60 days to complete the construction of the Project scope. The Project was let by the Transportation Division and was advertised in the City Bulletin, Dodge Reports, and by the Builders Exchange of Ohio. Ten bidders/suppliers were solicited (eight majority, two minority) and seven bids were received (five majority, two minority) and tabulated on June 22, 2006 as follows:

McDaniel's Construction Corp., Inc.* $384,153.00 Decker Construction Company $391,317.07 Columbus Asphalt Paving, Inc. $413,837.85 G. Marchi & Son, LLC $475,474.40 Graddis & Son, Inc.* $499,939.50 R. B. Jergens Contractors $750,239.19 Parker Cement & Masonry** $124,520.00

* Minority Bidders

** The bid proposal from Parker Cement & Masonry is unresponsive (does not contain a unit price for each pay item listed) and is therefore rejected in accordance with Paragraph 102.7, Item 4. of the City of Columbus Ohio Construction and Material Specifications.

Award is to be made to McDaniel's Construction Corp., Inc. c.c. #31-1145406 (expiring 5/17/2007), as the best, most responsive and most responsible bidder.

Emergency action is requested to allow immediate expenditure of the necessary funds so that construction may begin on or around September 5, 2006.

Fiscal Impact: Funding for this Project is budgeted within the Transportation Division as part of the Capital Improvement Program and is available within the 1995, 1999, 2004 Voted Streets and Highways Fund for this work.

Columbus City Bulletin (Publish Date 07/29/06) 189 of 408 TitleTo authorize the Public Service Director to enter into a contract for the Transportation Division with McDaniel's Construction Corp., Inc. for construction of the Maize Road Sidewalks Project; to authorize the expenditure of $429,091.00 from the 1995, 1999, 2004 Voted Street and Highway Funds for the Transportation Division; and to declare an emergency. ($429,091.00).

BodyWHEREAS, bids were received on June 22, 2006, and tabulated on June 22, 2006, for the Maize Road Sidewalks Project and a satisfactory bid has been received; and

WHEREAS, it is necessary to provide for construction inspection costs; and

WHEREAS, an emergency exists in the usual daily operation of the Transportation Division in that the contract should be awarded immediately so that the work may proceed on or around September 5, 2006 so that the work may be completed this year; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Public Service Director be and is hereby authorized to enter into a contract with McDaniel's Construction Corp., Inc., 1069 Woodland Avenue, Columbus, OH 43219, for the construction of the Maize Road Sidewalks Project in the amount of $384,153.00, for the Transportation Division in accordance with the specifications and plans on file in the office of the Director of Public Service, which are hereby approved; to obtain and pay for the necessary inspection costs associated with the Project up to a maximum of $44,938.00. SECTION 2. That for the purpose of paying the cost of the contract and inspection, the sum of $429,091.00 or so much thereof as may be needed, is hereby authorized to be expended from 1995, 1999, 2004 Voted Streets and Highways Fund, No. 704 for the Transportation Division, Dept./Div. 59-03, OCA Code 644385, Object Level Three 6631 and project 530161. SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1258-2006

Drafting Date: 06/30/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Council Variance Application: CV06-001

APPLICANT: Fabulous Real Estate Investments, LLC; c/o Kirk Paisley; LUSKHARKIN Architects and Planners; 35 North Fourth Street; Columbus, Ohio 43205.

PROPOSED USE: To conform an existing two-family dwelling and four (4) existing multi-family dwellings and to allow a restaurant.

NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.

CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow the renovation of five vacant existing residential buildings, which encompass a city block, and permit an 1,860 square foot restaurant. The restaurant is proposed to be located in a building once occupied by a laundromat. The number of dwelling units on the site is being reduced from 41 to 27. The applicant is requesting variances to make existing conditions conforming including density, lot coverage, building lines, perimeter yard, vision clearance, driveway width, and minimum number of required parking

Columbus City Bulletin (Publish Date 07/29/06) 190 of 408 spaces. One overall goal of the Housing and Historic Preservation Plan (part of the Near East Area Plan (2005)) is to "preserve existing housing stock and achieve a reduced rate of housing demolition." The plan also encourages "the preservation and renovation of historic structures rather than demolition." An overall goal of the plan is "a mix of land uses that contributes to a walkable and diverse neighborhood." The restaurant provides a non-residential use that can be walkable for many residents of the neighborhood. This request is consistent with the Near East Area Plan.

Title To grant a Variance from the provisions of Sections 3309.148, Area districts; 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3333.11 ARLD area district requirements; 3333.15, Basis of computing area; 3333.18, Building lines; 3333.255, Perimeter yard; 3333.27(b), Vision clearance; 3342.08, Driveway; 3342.25(a), Vision clearance and 3342.28, Minimum number of parking spaces required of the City of Columbus codes, for the property located at 72 DOUGLASS STREET (43205), to conform an existing two-family and four (4) existing multi-family dwellings and to allow a restaurant in the ARLD, Apartment Residential District. (Council Variance # CV06-001)

Body WHEREAS, by application No. CV06-001, the owner of property at 72 DOUGLASS STREET (43205), is requesting a Council Variance to conform a two-family dwelling and four (4) multi-family dwellings and to allow a restaurant in the ARLD, Apartment Residential District; and

WHEREAS, Section 3309.148, Area districts, requires 2,500 sq. feet per dwelling unit, which would allow 15 dwelling units on the property, while the applicant proposes to maintain 27 existing dwelling units; and

WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, prohibits dwellings containing fewer than three (3) dwelling units and prohibits restaurants, while the applicant proposes to maintain the existing two-family dwelling and to convert the space used for a laundromat to a restaurant; and

WHEREAS, Section 3333.11, ARLD area district requirements, requires 2,500 square feet per interior dwelling unit and 1,500 square feet per corner lot dwelling unit, allowing a total of 22 dwelling units on the site, while the applicant proposes 27 dwelling units on the property;

WHEREAS, Section 3333.15, Basis of computing area, requires a maximum building coverage of 50%, while the applicant proposes to maintain the existing buildings which cover 60% of the site; and

WHEREAS, Section 3333.18, Building lines, requires a building line of 25 feet, while applicant proposes to maintain the existing building lines of 10 feet-6 inches, 9 feet-5 inches, 7 inches, 3 feet-8 inches, 11 feet-7 inches, and 3 feet-6 inches as indicated on the site plan; and

WHEREAS, Section 3333.255, Perimeter yard, requires a 25 foot wide perimeter yard for the apartment complex, while the applicant proposes to maintain the existing buildings with perimeter yard widths of 10 feet-6 inches, 9 feet-5 inches, 7 inches, 3 feet-8 inches, 11 feet-7 inches, 3 feet-6 inches and 0 feet, as indicated on the site plan; and

WHEREAS, Section 3333.27(b), Vision clearance, requires a clear vision triangle at intersections, while the applicant proposes to maintain no clear vision triangle for the existing buildings at the intersections of Oak and Eighteenth streets and Douglass and Oak streets; and

WHEREAS, Section 3342.08, Driveway, requires a minimum width of 20 feet for driveways serving more than eight (8) parking spaces, while the applicant proposes to maintain the existing 13 foot wide driveway located between two existing buildings; and

WHEREAS, Section 3342.25(a), Vision clearance, requires a clear vision triangle for driveways, while the applicant proposes to maintain the existing driveway and buildings which does not provide the required clear vision triangle at the Oak Street entrance; and

Columbus City Bulletin (Publish Date 07/29/06) 191 of 408 WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires each dwelling unit to have two (2) off-street parking spaces for a total of 54 parking spaces and the 1,860 square foot restaurant to have one parking space for each 75 square feet for a total of 25 parking spaces, providing a total for the site of 79 parking spaces, while the applicant proposes a total of 12 parking spaces for the development; and

WHEREAS, the Near East Area Commission recommends approval; and

WHEREAS, City Departments recommend approval because this request is consistent with the Near East Area Plan. This variance will allow the renovation of five vacant existing residential buildings, which encompass a city block, and permit an 1,860 square foot restaurant. The restaurant is proposed to be located in a building once occupied by a laundromat. The number of dwelling units on the site is being reduced from 41 to 27. The applicant is requesting variances to make existing conditions conforming including density, lot coverage, building lines, perimeter yard, vision clearance, driveway width, and minimum number of required parking spaces. One overall goal of the Housing and Historic Preservation Plan (part of the Near East Area Plan (2005)) is to "preserve existing housing stock and achieve a reduced rate of housing demolition." The plan also encourages "the preservation and renovation of historic structures rather than demolition." An overall goal of the plan is "a mix of land uses that contributes to a walkable and diverse neighborhood." The restaurant provides a non-residential use that can be walkable for many residents of the neighborhood.; and

WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and

WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and

WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and

WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 72 DOUGLASS STREET (43205), in using said property as desired; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That a variance from the provisions of Sections 3309.148, Area districts; 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3333.11 ARLD area district requirements; 3333.15, Basis of computing area; 3333.18, Building lines; 3333.255, Perimeter yard; 3333.27(b), Vision clearance; 3342.08, Driveway; 3342.25(a), Vision clearance and 3342.28, Minimum number of parking spaces required; of the City of Columbus codes, for the property located at 72 DOUGLASS STREET (43205), insofar as said sections prohibit 27 dwelling units on a 0.89 acre property, a two-family dwelling, a two-family and four-family dwelling in an apartment complex, lot coverage of 60%, building lines and perimeter yard of 10 feet-6 inches, 9 feet-5 inches, 7 inches, 3 feet-8 inches, 11 feet-7 inches, 3 feet-6 inches and 0 feet, a 13 foot-wide driveway, no vision clearance for intersections and the driveway and 12 parking spaces; said property being more particularly described as follows:

72 DOUGLASS STREET (43205), being 0.89± acres located at the northeast corner of Oak and Douglass Streets, and being more particularly described as follows:

Situated in the State of Ohio, County of Franklin and in the City of Columbus:

Being part of Lot Numbers Five (5) and Six (6) of C.B. and D.H. COWAN'S SUBDIVISION of Lots Forty-Five (45) to Forty-Nine (49) of SAMUEL BARLIT's AMENDED SUBDIVISION, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 311, Recorder's Office, Franklin County, Ohio more particularly

Columbus City Bulletin (Publish Date 07/29/06) 192 of 408 described as follows:

Beginning at a stake in the Northwest corner of said Lot Number Five (5) and in the South line of Agate Street; thence with the North line of said Lot Number Five (5), and the South line of said Agate Street, East 34.70 feet to a stake; thence on a line parallel with the East line of said Lot Numbers Five (5) and Six (6); Southwardly 75 feet to a stake in the south line of said Lot Number Six (6); thence with the South line of said Lot Number Six (6), Westerly 34 feet to a stake in the Southwest corner of said Lot Number Six (6)(and the East line of a 15-foot alley); thence with the West lines of said Lots Five (5) and Six (6) Northwardly 75 feet to the place of beginning.

Parcel No. 010-034524 Known as: 883-885 Agate Alley, Columbus, Ohio 43205

Situated in the State of Ohio, County of Franklin and in the City of Columbus:

Being situated in the State of Ohio, County of Franklin, and City of Columbus, being all of Lots 1, 2, 3 and 4 of C.B. and D.H. COWAN'S SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 311, Recorder's Office, Franklin County, Ohio.

Parcel No. 010-043734 Known as: 66-78 Douglas Street, Columbus, Ohio 43205

Situated in the State of Ohio, County of Franklin and in the City of Columbus:

Being Lots Numbers Seven (7) and Eight (8) of C.B. and D.H. COWAN'S SUBDIVISION, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, page 311, Recorder's Office, Franklin County, Ohio.

Parcel No. 010-046774 Known as: 880-894 Oak Street, Columbus, Ohio 43205

Situated in the State of Ohio, County of Franklin and in the City of Columbus:

Being eighty-seven (87) feet off of the east of Lot Number Six (6) of C.B. and D.H. COWAN'S SUBDIVISION of Lots 45 to 49, both inclusive, of SAMUEL BARLIT'S ADDITION, as same appears of record, Recorder's Office, Franklin County, Ohio, also a strip of 1.87 feet off of the south side by 87 feet off of the east end of Lot Number Five (5), of said Cowan's Subdivision. Beginning at the southeast corner of said Lot Number Six (6) marked by a cut on a concrete step, it being also the west line of Eighteenth Street; thence with the east line of said Lots Nos. 6 and 5 north 39.37 feet to a cut on the concrete at the center of a court, and being 1.87 feet north of the southeast corner of said Lot Number Five (5), 1.87 feet north thereof, west 87 feet to a stake; thence with a line parallel to the east line of said Lots Nos. 5 and 6, south 39.37 feet to a stake in the south line of said Lot Number Six (6); thence with the south line of said Lot Number Six (6), 87 feet to the place of beginning.

Parcel No. 010-048063 Known as: 73-75 S. Eighteenth Street, Columbus, Ohio 43205

Situated in the State of Ohio, County of Franklin and in the City of Columbus:

Being a part of Lot No. Five (5) of C.B. and D.H. COWAN'S SUBDIVISION of Lots Nos. Forty-five (45) and Forty-nine (49), both inclusive of Samuel Barlit's Amended Subdivision, as the said Lot No. 5 is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 5, page 311, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:

Beginning at the northeast corner of Lot No. 5 marked by a cut on a concrete step; thence with the east line of said Lot No. 5, it being also the west line of 18th Street, south 35.63 feet to a cut on concrete to the center line of the Court; thence westerly with a line parallel with the north line of said Lot No. 5, 87 feet to a stake; thence on a line parallel with the west

Columbus City Bulletin (Publish Date 07/29/06) 193 of 408 line of 18th Street, northerly 35.63 feet more or less to the north line of said Lot No. 5; thence easterly along the north line of said Lot No. 5, 87 feet more or less to the place of beginning.

Parcel No. 010-048064 Known as: 69-71 S. Eighteenth Street, Columbus, Ohio 43205

SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for one two-family dwelling and an 1,860 square foot restaurant or those uses permitted in the ARLD, Apartment Residential District.

SECTION 3. That this ordinance is further conditioned to be consistent with the site plan titled, "Fabulous Real Estate," signed by Kirk Paisley, applicant, and dated June 30, 2006. Any slight adjustments to the drawings shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.

SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.

SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1260-2006

Drafting Date: 06/30/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Board of Health has a need to make funds available to increase a contract with Gerald Bean. The Columbus Health Department has been awarded an additional $125,000 for a two month extension of the Healthy Start grant, ending July 31, 2006. The grant funds awarded provide for an increased contract with Gerald Bean for continued evaluation services for the Healthy Start program in an amount not to exceed $14,050, for a total contract amount not to exceed $49,050. This ordinance waives competitive bidding provisions of the City Code.

Emergency action is required to ensure the continued operation of the Healthy Start Grant Program.

FISCAL IMPACT: This contract is entirely funded by a grant from the U.S. Department of Health and Human Services. The program does not generate revenue or require a City match. The monies are budgeted in the 2006 Health Department Grants Fund.

Title To authorize and direct the Board of Health to modify a contract with Gerald Bean to design and implement a program evaluation plan for the Healthy Start grant program; to authorize the expenditure of $14,050 from the Health Department Grant Funds to pay the cost thereof; to waive the provisions of competitive bidding (See attachment ORD1260-2006bidwaiver.doc); and to declare an emergency, (14,050)

Columbus City Bulletin (Publish Date 07/29/06) 194 of 408 WHEREAS, additional funding is available from the U.S. Department of Health and Human Services to modify and increase a contract with Gerald Bean to continue to provide program evaluation services for the Healthy Start grant program; and,

WHEREAS, an emergency exists in the usual daily operation of the Columbus Health Department in that it is immediately necessary to modify a contract with Gerald Bean for the immediate preservation of the public health, peace, property, safety and welfare; Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Board of Health is hereby authorized and directed to modify and increase a contract with Gerald Bean for the design and implementation of a program evaluation plan for the Healthy Start grant program for the period ending July 31, 2006.

SECTION 2. That to pay the cost of said contract, the expenditure of $14,050 is hereby authorized from the Health Department Grants Fund, Fund No. 251, Health Department, Division 50-01, Grant No. 505017, OCA Code 505017, Object Level One 03, Object Level Three 3337.

SECTION 3. That the provisions of Sections 329.13 and 329.14 of the Columbus City Code are hereby waived.

SECTION 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1262-2006

Drafting Date: 06/30/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance will authorize the Director of Recreation and Parks to enter into contract with CW Design Group for professional services related to the development of a Spray Ground and Park at Barnett Park.

One proposal was submitted and CW Design Group was selected for this project based on experience, availability, and past experience with Recreation and Parks. Project includes architectural and engineering services, specification writing, and surveys.

The Contract Compliance Number for CW Design Group, is #06-1648088.

Emergency action is necessary to begin initial stages of project design so construction can be completed by the 2007 season.

Fiscal Impact: $41,350.00 is required and budgeted in the Voted 1999/2004 Parks and Recreation Bond Fund to meet the financial obligation of this contract.

Title To authorize and direct the Director of Recreation and Parks to enter into contract with CW Design Group for professional

Columbus City Bulletin (Publish Date 07/29/06) 195 of 408 services related to the development of a Spray Ground and Park at Barnett Park, to authorize the expenditure of $41,350.00 from the Voted 1999/2004 Parks and Recreation Bond Fund, and to declare an emergency. ($41,350.00)

Body WHEREAS, one proposal was received for professional services related to the development of a Spray Ground and Park at Barnett Park; and

WHEREAS, the contract will be awarded based on experience, availability, and knowledge of project site; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to enter into said contract to allow initial stages of project design to begin so construction can be completed by the 2007 season; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to enter into contract with CW Design Group for professional services related to the development of a Spray Ground and Park at Barnett Park.

Section 2. That the expenditure of $41,350.00, or so much thereof as may be necessary, be and is hereby authorized from the Voted 1999/2004 Recreation and Parks Bond Fund No. 702, Dept. 51-01, as follows, to pay the cost thereof.

Fund Type Project No. Project Title Object Level 3 OCA Code Amount Cap. Proj. 440006 UIRF Improvements 6681 644526 $21,350 Cap. Proj. 510011 Swim Fac. Improv. 20,000

Section 3. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1263-2006

Drafting Date: 06/30/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Council Variance Application: CV06-022

APPLICANT: Charles P. Cook; 1757 Rainbow Park; Columbus, OH 43206.

PROPOSED USE: Single-family dwelling.

NORTHEAST AREA COMMISSION: Approval.

Columbus City Bulletin (Publish Date 07/29/06) 196 of 408

CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests this Council variance to develop a single-family dwelling in the I, Institutional District and maintain an existing barn and well structure. Single-family dwellings and barns are not permitted in the I, Institutional District. The structure will be located on a 4.82 acre lot, just less than the five acre minimum lot size required in the R, Rural District, which has the largest minimum lot size requirement for single-family zoning districts in the City. Furthermore, no other variances to dimensional standards are being requested, further ensuring this will not negatively impact the surrounding area. The proposed single-family dwelling is more compatible and consistent with the established uses along this portion of Sunbury Road than most of the uses permitted in the I, Institutional District. No recommendation is being made regarding the hardship aspect of this request.

Title To grant a Variance from the provisions of Section 3349.03, Permitted Uses; of the Columbus City Codes for the property located at 2240 SUNBURY ROAD (43219), to permit a single-family dwelling and accessory structures in the I, Institutional District (Council Variance # CV06-022).

Body WHEREAS, by application #CV06-022, the owner of property at 2240 SUNBURY ROAD (43219), is requesting a Variance to permit a maximum of one single-family dwelling unit in the I, Institutional District; and

WHEREAS, Section 3349.03, I, Institutional District, prohibits single-family dwellings, while the applicant proposes to construct one single-family dwelling; and

WHEREAS, Section 3349.03, I, Institutional District, prohibits structures accessory to residential uses, while the applicant proposes to maintain an existing barn and well shed; and

WHEREAS, the North East Area Commission recommends approval; and

WHEREAS, City Departments recommend approval noting that the structure will be located on a 4.82 acre lot, just less than the five acre minimum lot size required in the R, Rural District, which has the largest minimum lot size requirement for single-family zoning districts in the City. Furthermore, no other variances to dimensional standards are being requested, further ensuring this will not negatively impact the surrounding area. The proposed single-family dwelling is more compatible and consistent with the established uses along this portion of Sunbury Road than most of the uses permitted in the I, Institutional District. ; and

WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and

WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and

WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and

WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 2240 SUNBURY ROAD (43219), in using said property as desired and; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Columbus City Bulletin (Publish Date 07/29/06) 197 of 408 SECTION 1. That a variance from the provisions of Section 3349.03, Permitted Uses; of the Columbus City Codes is hereby granted for the property located at 2240 SUNBURY ROAD (43219), insofar as said sections prohibit a single-family dwelling and accessory structures; said property being more particularly described as follows:

2240 SUNBURY ROAD (43219) being 4.82± acres located on the east side of Sunbury Road, 1275± feet south of Agler Road, and being more particularly described as follows:

EXHIBIT "A"

Description of a 4.8201.000 Acre Parcel

Situated in the state of Ohio, County of Franklin, City of Columbus and being Part of Quarter Township 3, Twp 1 N, R 17 W, of the U.S. Military Lands, and being the nominal 5 acre parcel of land conveyed to Charles and Sarah Cook, as described in Instr. 199807280188444, recorded July 28, 1998, and shown on the record plats of said city, all as shown in the Office of the Recorder of said County, and being more particularly described as follows:

The Point of Commencement (POC) being a ½ inch in diameter iron pipe found at the intersection of the recorded centerline of Sunbury Road, a fifty-one and twenty-one hundredths feet (51.21') wide right of way, said centerline located twenty-five feet (25') west of the east right of way line of said Sunbury Road, and the centerline of Agler Road, a fifty feet (50') wide right of way, thence along said record centerline of Sunbury Road, S.00°56'21"W., a distance of 61.01 feet to P.K. Nail set;

Thence, continuing along said centerline, S.02°22 '56"E., a distance of 250.22 feet to a P.K. Nail set;

Thence, continuing along centerline, S. 02°25' 12"E., a distance of 132.62 feet to a P.K. Nail set at the beginning of a tangent curve, concave to the west, having a radius of 15,198.00 feet, a central angle of 0°54'00", a tangent of 119.37 feet, and chord 238.73 feet;

Thence southerly along said curve, a distance of 238.73 feet to a P.K. Nail set at the end of thereof;

Thence, continuing along said centerline, tangent to said curve, S.00°02'27"W., a distance of 139.90 feet to a P.K. Nail set;

Thence, continuing along said centerline, S.01°57'16"W., a distance of 134.88 feet to a P.K. Nail set;

Thence, continuing along said centerline, S.01°35'26"W., a distance of 216.18 Feet to a P.K. Nail set;

Thence, continuing along said centerline, S.02°25'55"W., a distance of 104.79 feet to a P.K. Nail set at the intersection of the south property line produced of the Otis and Marion Vaughn parcel of land conveyed by O.R. 28039 B19, as shown in the Office of said Recorder;

Thence, along said south line produced, S.89°22'17"E., a distance of 30.00 feet to the east right of way line of aforesaid Sunbury Road to 5/8" diameter iron pin set, said pin being the True Point of Beginning; Thence continuing along said south line, S.89°22'17"E., passing the said Vaughn land and the land conveyed to Thomas D. Philips, III, as described in O.R. 27296 H09, a total distance of 764.37 feet to a 5/8" diameter iron pin set approximately 38.2 feet east of the southwest corner of the land conveyed to the Ohio Conference of the United Church of Christ as described in O.R. 6537 G04 in said Recorders office, said pin also marking the northwest corner of the land conveyed to the Advent Church of Christ (AUCC), as described in O.R. 30743 F05, in said recorders office;

Thence along the west line of the last said property, S.02°35'11"W., a distance of 271.37 feet to a 5/8" diameter iron pin set at the southwest corner of the AUCC land, said pin also marking the north line of the land conveyed to Sallie Rice as described in Intr. 200602230034887, in said recorders office;

Thence along said Rice's property, West, passing the northeast corner of the Richard D. and Delois Perry land at

Columbus City Bulletin (Publish Date 07/29/06) 198 of 408 approximately 20.5 feet, a total distance of 760.86 feet 5/8" diameter iron pin set in the east right of way line aforementioned Sunbury Road;

Thence along said east right of way line, N.01°52'00"E., a distance of 81.86 feet to a 5/8" diameter iron pin set;

Thence continuing along said east of right of way line, N.01°46'21"E., a distance of 197.76 feet to the TPOB, containing 4.8201 acres, more or less, subject to all easements and rights of way of record.

This description was prepared from an actual survey of the premises under my direction and supervision during the month of March, 2006. The Basis of Bearings is the centerline of Sunbury Road of which County records show as bearing N.01°52'00"E.

SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for one single-family dwelling, or those uses permitted in the I, Institutional District.

SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.

SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1265-2006

Drafting Date: 06/30/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Board of Health has a need to make funds available to increase a contract with Neighborhood House, Inc., which is a community-based, not-for-profit organization. Neighborhood House Inc. will continue to provide outreach and care coordination services to pregnant and parenting women in the target areas of South Linden, the Near East and the Near South for the Federal Healthy Start grantprogr Title To authorize the Board of Health to modify a contract with Neighborhood House Inc. to provide outreach and care coordination for the Healthy Start grant program; to authorize the expenditure of $25,931 from the Health Department Grant Funds to pay the cost thereof, and to declare an emergency, (25,931)

Body WHEREAS, additional funding is available from the U.S. Department of Health and Human Services to modify and increase a contract with Neighborhood House Inc., to provide outreach and care coordination for the Healthy Start grant program; and,

WHEREAS, an emergency exists in the usual daily operation of the Columbus Health Department in that it is immediately necessary to increase a contract with Neighborhood House Inc. for the immediate preservation of the public health, peace, property, safety and welfare; Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Board of Health is hereby authorized and directed to modify and increase a contract with

Columbus City Bulletin (Publish Date 07/29/06) 199 of 408 Neighborhood House Inc. for outreach and care coordination for the Healthy Start grant program through July 31, 2006.

SECTION 2. That to pay the costs of said contracts, the expenditure of $25,931 is hereby authorized from the Health Department Grants Fund, Fund No. 251, Health Department, Division 50-01, Grant No. 505017, OCA Code 505017, Object Level One 03, Object Level Three 3337.

SECTION 3. That these contract is awarded in accordance with Sections 329.16 of the Columbus City Code.

SECTION 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1267-2006

Drafting Date: 06/30/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationPursuant to Ordinance 0115-1981 passed January 19, 1981, the Public Service Director entered into an agreement with the Franklin County Board of Commissioners that provides for the removal of snow and ice from certain city streets by Franklin County Engineering Department forces and the removal of snow and ice from certain county streets by city Transportation Division forces. This arrangement provides for the most efficient use of both entities' snow removal assets. Extensive records are maintained of the costs each entity incurs on the other's roadways and subsequent to the conclusion of this activity every year, the parties "settle up" their costs. During the winter of 2005-2006, the Franklin County Engineer performed snow and ice removal on 189.28 lane miles of city roads and the division did so on 45.90 lane miles of county roads. The net cost to the city is $144,981.85; the city received the county engineer's invoice for this on June 29, 2006. This ordinance provides for payment of this amount to the Franklin County Engineer.

The payment for the 2003-2004 winter season was $238,520.08; last year's payment for the 2004-2005 winter season was $216,089.64.

Fiscal Impact: The Transportation Division has budgeted $615,000.00 in the 2006 Municipal Motor Vehicle License Tax Fund appropriation for contracted services (utilities excepted). This ordinance authorizes an expenditure of $144,981.85.

Emergency action is requested to provide for reimbursing the County Engineer as soon as possible in the interest of good inter-jurisdictional relations and the fact that these services were provided in good faith in accordance with Ordinance 0115-1981.

TitleTo authorize the Public Service Director to make payment to the Franklin County Engineering Department for snow and ice removal services rendered by the county engineer on city streets during the 2005-2006 winter season for the Transportation Division; to authorize the expenditure of $144,981.85 for this purpose from the Municipal Motor Vehicle License Tax Fund and to declare an emergency. ($144,981.85)

BodyWHEREAS, Ordinance 0115-1981 provides for the removal of snow and ice from certain city streets by Franklin County Engineering Department forces and the removal of snow and ice from certain county streets by city Transportation Division forces; and

WHEREAS, subsequent to the conclusion of this activity every year, the parties "settle up" their costs; and

WHEREAS, the net cost to the city is $144,981.85 for the winter of 2005-2006; and

WHEREAS, an emergency exists in the usual daily operation of the Transportation Division, Public Service Department in that it is immediately necessary to provide for the reimbursement of this expense by the city to the county as soon as possible in the interest of good inter-jurisdictional relations, thereby preserving the public health, peace, property, safety and welfare; now, therefore,

Columbus City Bulletin (Publish Date 07/29/06) 200 of 408 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Public Service Director be and hereby is authorized to make payment of $144,981.85 to the Franklin County Engineering Department for snow and ice removal services rendered by the county engineer on city streets during the 2005-2006 winter season for the Transportation Division.

SECTION 2. That for the purposes of making this payment, the expenditure of $144,981.85 be and hereby is authorized from the Municipal Motor Vehicle License Tax Fund, Fund 266, Department No. 59-09, Transportation Division, Object Level One Code 03, Object Level Three Code 3375 and OCA Code 599115.

SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1268-2006

Drafting Date: 06/30/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation1. BACKGROUND: This ordinance will provide the City Attorney with funding for real estate acquisition services for the following sanitary capital improvement projects:

A. Broadmeadows Sanitary Sewer Improvements: Provide an additional $50,000.00 for the current estimated cost of City Attorney Real Estate Section staff costs and the projected cost of easements which have been revised to confirm to the actual appraisal received. This project is located on the north side of Clintonville.

B. Blacklick Creek Sanitary Interceptor: Provide $10,000.00 for the estimated cost of title search; appraisal services; negotiation/staff costs and the projected cost of easements. This project is located on the far east side of Columbus.

C. Beulah Rd. Trunk Sewer Rehabilitation Project: Provide an additional $50,000.00 for the current, estimated cost of City Attorney Real Estate Section staff costs and the projected cost of easements which have been revised to confirm to the actual appraisal received. This project is located in Clintonville.

2. EMERGENCY DESIGNATION: The Division of Sewerage and Drainage is requesting City Council to consider this ordinance an emergency measure. The first two projects are among a list of projects that the Division is required to be completed in accordance with the provisions of an existing consent order between the City and the Ohio Attorney General's Office. Failure to adhere to the project schedule contained within the consent order will make the City liable for stipulated fines.

3. FISCAL IMPACT: The Division is requesting City Council to transfer residual funds within this fund in order to provide the funds necessary to acquire easements for the above referenced projects. Project accounts from which funds are being transferred will not be adversely affected.

TitleTo authorize the City Attorney to acquire fee simple title and lesser interests; to contract for professional services; to authorize the appropriation, transfer and expenditure of $110,000.00 from within the Voted Sanitary Bond Fund in connection with three sanitary infrastructure capital improvement projects; to amend the 2006 Capital Improvements Budget, for the Division of Sewerage and Drainage; and to declare an emergency. ($110,000.00)

BodyWHEREAS, the Division of Sewerage and Drainage, Department of Public Utilities, has developed construction

Columbus City Bulletin (Publish Date 07/29/06) 201 of 408 plans and specifications for the sanitary sewer improvement projects known as the Broadmeadows Sanitary Sewer Improvements; the Blacklick Sanitary Interceptor Sewer Project; and the Beulah Road Trunk Sewer Rehabilitation Project; and

WHEREAS, in order to construct the aforementioned sanitary improvements and associated facilities, it has been determined necessary for this City Council to authorize the City Attorney to acquire fee simple title and lesser interests in and to certain parcels of real estate and to contract for the professional services necessary to complete said acquisition; and

WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary to authorize the transfer and expenditure of funds within the Voted Sanitary Bond Fund; pursuant to authorizing the City Attorney to procure the required easements necessary to construct and operate the aforementioned vital sanitary sewer improvements in accordance with the required project schedules; and to amend the 2006 Capital Improvements; for the preservation of the public health, peace, property and safety; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the City Auditor is hereby authorized and directed to transfer $110,000.00 from within the Voted Sanitary Bond Fund No. 664, for the Division of Sewerage and Drainage as follows:

FROM: 650350-Wastewater Treatment Plants| Obj. Level 3: 6601| OCA 664350| $5.00 650497-Upper Scioto W. Subt| Obj. Level 3: 6601| OCA 664497| $109,995.00

TO: 650034-Blacklick Creek Sanitary Interceptor|OL3: 6601| OCA 651034| $10,000.00 650625-Beulah Rd. Trunk Sewer Rehab.| OL3: 6601| OCA 664625| $50,000.00 650674-Broadmeadows San. Sewer Improve.| OL3: 6601| OCA 664674| $50,000.00

Section 2. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 3. That the City Attorney be, and hereby is, authorized to acquire fee simple title and lesser interests in and to certain parcels of real estate and to contract for the professional services necessary in connection with the Broadmeadows Sanitary Sewer Improvements; the Blacklick Sanitary Interceptor Sewer Project; and the Beulah Road Trunk Sewer Rehabilitation Project.

Section 4. That the City Attorney be and hereby is authorized to expend $110,000.00, or so much thereof as may be necessary, in order to acquire fee simple title and lesser interests in and to certain parcels of real estate and to contract for the professional services necessary, from the Voted Sanitary Bond Fund No. 664; Division 60-05; MOC 6601; within the following projects:

Proj. No. 650034| Blacklick San. Interceptor| OCA 651034| $10,000.00 Proj. No. 650625| Beulah Rd. Trunk Sewer Rehab.| OCA 664625| $50,000.00 Proj. No. 650674| Broadmeadows San. Sewer Improve.| OCA 664674| $50,000.00

Section 5. That the 2006 Capital Improvements Budget Ordinance No. 1070-2005 is hereby amended as follows, in order to provide sufficient budget authority for the aforementioned easement acquisition services as referenced in the preamble hereto.

CURRENT: 650625-Beulah Rd. Trunk Sewer Rehab. - $0.00

Columbus City Bulletin (Publish Date 07/29/06) 202 of 408 AMENDED TO: 650625-Beulah Rd. Trunk Sewer Rehab.- $50,000.00 (Voted Carryover)

Section 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1270-2006

Drafting Date: 06/30/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: Bids were received by the Recreation and Parks Department on June 27, 2006, for the 2006 Playgrounds Improvements, as follows:

Status Amount McDaniels Construction MBE $346,746 M & D Blacktop Majority $414,410 The Righter Co. Majority $456,750 Downing Majority $544,211 Brookside Majority $556,700

Project includes supply and installation of playground equipment, basketball courts, asphalt repairs, site furnishings, and plant material at various city playgrounds.

The Contract Compliance Number for McDaniels Construction is #31-1145406.

A contingency amount of $30,000.00 is being included in this project.

Emergency legislation is necessary to allow material to be ordered and arrive prior to fall installation.

Fiscal Impact: $376,746.00 is required and budgeted in the Voted 1999/2004 Parks and Recreation Bond Fund to meet the financial obligation of this contract.

Title To authorize and direct the Director of Recreation and Parks to enter into contract with McDaniels Construction for 2006 Playground Improvements, to authorize the expenditure of $376,746.00 from the Voted 1999/2004 Parks and Recreation Bond Fund, and to declare an emergency. ($376,746.00)

Body WHEREAS, bids were received by the Recreation and Parks Department on June 27, 2006, and the contract for the 2006 Playground Improvements will be awarded on the basis of the lowest and best responsive and responsible bidder; now, therefore

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to enter into contract to enable receipt of material prior to fall installation; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Columbus City Bulletin (Publish Date 07/29/06) 203 of 408 Section 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to enter into contract with McDaniels Construction for the 2006 Playground Improvements, in accordance with plans and specifications on file in the Recreation and Parks Department.

Section 2. That the expenditure of $376,746.00, or so much thereof as may be necessary, be and is hereby authorized from the Voted 1999/2004 Parks and Recreation Bond Fund No. 702, Dept. 51-01, as follows, to pay the cost thereof.

Fund Project No. Object Level 3 OCA Code Amount Park & Playgrounds 510017 6621 644526 $ 76,746.00 Safe Playgrounds 510319 6621 644526 300,000.00

Section 3. That for the purpose of paying for any contingencies which may occur during this project, the amount of $30,000.00 has been included in Section 2, above. This amount will be expended only after approval by the Director of the Recreation and Parks Department, certification by the City Auditor, and approval of the City Attorney.

Section 4. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1273-2005

Drafting Date: 07/01/2005 Current Status: Passed

Version: 2 Matter Type: Ordinance

Explanation REZONING APPLICATION: Z05-024

APPLICANT: M/I Homes of Central Ohio, LLC; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.

PROPOSED USE: Commercial development.

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on April 14, 2005 December 9, 2004

NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.

CITY DEPARTMENTS' RECOMMENDATION: Approval. The Applicant is requesting the CPD, Commercial Planned Development District to develop a shopping center with out parcels. The site is located within the boundaries of the North East Area Plan (1994) which recommends industrial development along the east side of Stelzer Road due to the area's proximity to Interstates 270 and 670 and the airport. Development patterns and conditions have changed significantly enough in the last several years to warrant a deviation from the Plan to permit commercial development. For example, property directly east and south of this site was rezoned to the PUD-8, Planned Unit Development District in March, 2005 to permit single-family and multi-family residential development. The CPD text includes extensive use restrictions and customary development standards that address site access, setbacks, buffering and landscaping, sidewalks with pedestrian access to the interior of the site, lighting restrictions, and limits the maximum size of a full service grocery store to 87,000 square feet.

Columbus City Bulletin (Publish Date 07/29/06) 204 of 408 To rezone 2400 3209 MCCUTCHEON ROAD (43219), being 21.39± acres located at the southeast corner of McCutcheon Road and Stelzer Road, From: L-M-2 Limited Manufacturing, C-4, Commercial, and R-1, Residential Districts, To: CPD, Commercial Planned Development District (Z05-024).

Body WHEREAS, application #Z05-024 is on file with the Building Services Division of the Department of Development requesting rezoning of 21.39± acres from L-M-2 Limited Manufacturing, C-4, Commercial, and R-1, Residential Districts to CPD, Commercial Planned Development District, and

WHEREAS, the Development Commission recommends approval of said zoning change; and

WHEREAS, the Northeast Area Commission recommends approval of said zoning change; and

WHEREAS, the City Departments recommend approval of the applicant's request for the CPD, Commercial Planned Development District to develop a shopping center with out parcels. The site is located within the boundaries of the North East Area Plan (1994) which recommends industrial development along the east side of Stelzer Road due to the area's proximity to Interstates 270 and 670 and the airport. Development patterns and conditions have changed significantly enough in the last several years to warrant a deviation from the Plan to permit commercial development. For example, property directly east and south of this site was rezoned to the PUD-8, Planned Unit Development District in March, 2005 to permit single-family and multi-family residential development. The CPD text includes extensive use restrictions and customary development standards that address site access, setbacks, buffering and landscaping, sidewalks with pedestrian access to the interior of the site, lighting restrictions, and limits the maximum size of a full service grocery store to 87,000 square feet; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:

2400 3209 MCCUTCHEON ROAD (43219), being 21.39± acres located at the southeast corner of McCutcheon Road and Stelzer Road, and being more particularly described as follows:

DESCRIPTION OF A 21.391± ACRE TRACT

Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 1, Township 1, Range 17, United States Military Lands and being all of those tracts as conveyed to Abbott Laboratories by deeds of record in Official Record 17937D03, Instrument Number 199804170091392, Official Record 20451F12, and Official Record 34531J20, and also being a portion of that 190.441 acre tract as conveyed to said Abbott Laboratories by deed of record in Official Record 10102H15, all references being to records of the Recorder's Office, Franklin County, Ohio, and being described as follows:

Beginning for reference at Franklin County Geodetic Survey Monument Number 7778 in the centerline intersection of Stelzer Road and McCutcheon Road; thence South 87° 09' 24" East, with the centerline of said McCutcheon Road, a distance of 175.00 feet to a point being the northeasterly corner of that 0.448 acre tract as conveyed to the City of Columbus by deed of record in Official Record 31431B03, and also being the northwesterly corner of that 0.377 acre tract as conveyed to the City of Columbus by deed of record in Official Record 28519J10; thence South 3º 57' 06" West, with the common line between said Columbus tracts, a distance of 35.01 feet to a point in the southerly right-of-way line of said McCutcheon Road, being the southwesterly corner of said 0.377 acre tract, and being the northeasterly corner of that tract as conveyed to Barbara Hamm by deed of record in Official Record 31431B07, and also being the True Point of Beginning for the tract herein intended to be described;

Columbus City Bulletin (Publish Date 07/29/06) 205 of 408 thence South 87º 09' 24" East, with said southerly right-of-way line, being the southerly line of said 0.377 acre tract, a distance of 418.80 feet to a point at the southeasterly corner of said 0.377 acre tract; thence North 03º 57' 06" East, with the easterly line of said 0.377 acre tract, a distance of 35.01 feet to a point at the northeasterly corner of said 0.377 acre tract, being the centerline of said McCutcheon Road; thence South 87º 09' 24" East, with said centerline, a distance of 276.36 feet to a point; thence with a new division line across said Abbott Laboratories tract, the following courses:

South 03° 57' 06" West, a distance of 1205.23 feet to a point;

North 87° 09' 24" West, a distance of 499.17 feet to a point;

South 04° 12' 44" West, a distance of 112.93 feet to a point;

North 85° 47' 16" West, a distance of 280.41 feet to a point in the easterly right-of-way line of said Stelzer Road, the easterly line of a 2.225 acre tract, as conveyed to the City of Columbus of record in Official Record 28519J12; thence North 03º 57' 06" East, with said easterly right-of-way line, and said easterly line, a distance of 952.89 feet to a point at the northeasterly corner of said 2.225 acre tract; thence North 87º 09' 24" West, with the northerly line of said 2.225 acre tract, a distance of 30.01 feet to a point at the southeasterly corner of that 0.174 acre tract as conveyed to the City of Columbus by deed of record in Deed Book 2996, Page 44; thence North 03º 57' 06" East, continuing with said easterly right-of-way line, being the easterly line of said 0.174 acre tract, a distance of 125.00 feet to a point at the northeasterly corner of said 0.174 acre tract, being a southeasterly corner of said 0.448 acre tract, and being the southwesterly corner of said Hamm Tract; thence South 87º 09' 24" East, with the southerly line of said Hamm tract, a distance of 114.99 feet to a point at the southeasterly corner of said Hamm tract; thence North 03º 57' 06" East, with the easterly line of said Hamm tract, a distance of 198.55 feet to the True Point of Beginning, and containing 21.581 acres of land, more or less, of which 0.190 acres lies within the right-of-way of McCutcheon Road leaving a net acreage of 21.391 acres of land.

Bearings are based on the Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates of Monuments 7778 & 8858, having a bearing of South 03º 52' 47" East, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.

EVANS, MECHWART, HAMBLETON & TILTON, INC.

To Rezone From: L-M-2 Limited Manufacturing, C-4, Commercial, and R-1, Residential Districts,

To: CPD, Commercial Planned Development District.

SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development District on this property.

SECTION 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of

Columbus City Bulletin (Publish Date 07/29/06) 206 of 408 the approved CPD Commercial Planned Development District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said text titled, "DEVELOPMENT TEXT," and CPD site plan titled, "CPD DISTRICT," the text signed on November 4, 2005 and the CPD site plan signed on June 20, 2005 by Jeffrey L. Brown, attorney for the applicant, and the text reading as follows:

DEVELOPMENT TEXT

PROPOSED DISTRICT: CPD, Commercial Planned Development

PROPERTY ADDRESS: 2800 Stelzer 3209 McCutcheon Road

OWNER: Abbott Laboratories

APPLICANT: M/I Homes of Central Ohio, LLC

DATE OF TEXT: June 6, 2005

APPLICATION NUMBER: Z04-034 Z05-024

1. INTRODUCTION: This proposal is a commercial development, neighborhood shopping center, primary grocery store with a prohibition of big box retail/commercial use. The property is approximately 20 acres located at the southeast corner of the intersection of McCutcheon and Stelzer Roads and is currently zoned R-1, C-4, and L-M-2.

2. PERMITTED USES: Those uses permitted in Chapter 3356, Regional Scale Commercial Development, of the Columbus City Code and not more than one motor vehicle fuel sales facility. The following uses are prohibited from the subject property:

Adult Daycare Center Animal Shelter Armored Car, Investigation Guard and Security Services Astrology, Fortune Telling and Palm Reading Automobile and Light Truck Dealers Automotive Sales, Leasing and Rental Billboards Blood and Organ Banks Cabarets and Nightclubs Check Cashing and Loans Coin Operated Laundries Community Food Pantry Crematory Drive-In Motion Picture Theaters Farm Equipment and Supply Stores Funeral Homes and Services Halfway House Hotels and Motels Hospitals does not prohibit an urgent care facility Missions / Temporary Shelters Monopole Telecommunications Antennas Motorcycle, Boat, and Other Motor Vehicle Dealers Motor Vehicle Accessories and Parts Dealers Outdoor Power Equipment Stores Parking Lots and Garages, except as an accessory use Pawn Brokers Performing Arts, Spectator Sports, and Related Industries

Columbus City Bulletin (Publish Date 07/29/06) 207 of 408 Recreational Vehicle Dealers Repossession Services except for office component of said business Television Broadcasting Stations and Studio, and Recording Studio Truck, Utility Trailer, and RV (Recreational Vehicle) Sales, Rental and Leasing Veterinarians (Unlimited practice) Warehouse Clubs and Super centers

3. DEVELOPMENT STANDARDS: Development shall occur as indicated in this written text. If not referenced herein, the applicable development standards of Chapter 3356, Regional Scale Commercial Development, of the Columbus City Code shall apply.

A. Density. Height, Lot and/or Setback Commitments

1. Building setbacks shall be a minimum of sixty (60) feet from Stelzer Road and a minimum of fifty (50) feet from McCutcheon Road, except that the setback for pump islands and pump island canopies shall be a minimum of thirty (30) feet from Stelzer Road and McCutcheon Road.

2. Parking setbacks shall be a minimum of thirty (30) feet from Stelzer Road and McCutcheon Road and ten feet from the east and south property lines.

3. There shall be a maximum height limit of thirty-five (35) feet as measured per Columbus City Code.

4. No tenant shall exceed 15,000 sq. ft. in size except for a full service grocery store which shall not exceed 87,000 sq. ft. in size.

B. Access. Loading, Parking and/or Traffic Related Commitments

1. Curb cut locations shall be subject to the approval of the City of Columbus, Division of Transportation.

2. At the time of development of the subject property, the developer shall contribute to the County $105,000 for its Stelzer Road project. This contribution maywill be reduced by the County on a percentage basis if the County receives additional funding for its project.

3. At the time of development of the subject property, the developer shall: (a) at the option of the City, install a traffic signal at the intersection of Stelzer Road and a common site drive immediately south of the south boundary of the subject property if that traffic signal is then warranted and approved by the City's Transportation and Pedestrian Commission or pay to the City the cost to then install that traffic signal, as reasonably estimate by the City; (b) widen Stelzer Road at a right-in-right-out curb cut from Stelzer Road into the subject property to provide for a northbound right turn lane; and (c) widen McCutcheon Road at a curb cut from McCutcheon Road into the subject property to provide for an eastbound right turn lane. The traffic signal shall be installed when warranted and approved by the City's Transportation and Pedestrian Commission, which installation shall be performed by the City unless the City elects to have the developer install the traffic signal at the time of development of the subject property and the traffic signal then is warranted and has been approved by the City's Transportation and Pedestrian Commission.

4. At the time of development of the subject property and subject to the City's taking the actions described in the next two sentences, the developer shall install an eastbound right turn lane on McCutcheon Road at its intersection with Stelzer Road. The City will contribute the funds that it received in Z04-034 for that improvement to this developer and will cause all utilities that must be relocated as a part of that turn lane installation to be relocated at no cost to the developer. If any additional right of way is required to install this turn lane, the City will cause that right of way to be acquired, and the developer will reimburse the City for the cost of that right of way and the City's acquisition expenses.

5. The parking spaces and loading spaces requirements for this development shall be per the requirements of Chapter 3342 of the Columbus City Code.

Columbus City Bulletin (Publish Date 07/29/06) 208 of 408 6. The view of any loading dock shall be fully screened on all sides from any adjacent roadway, building or parking lot achieving ninety (90) percent opacity to a minimum height of six (6) feet from finished grade. The fence required by item 3.c.2 shall satisfy this screening requirement with respect to screening from roadways, buildings and parking lots located in the adjacent residential developments.

7. There shall be a five foot wide pedestrian sidewalk within the right-of-way of Stelzer Road along the entire frontage of the property and a five (5) foot wide pedestrian sidewalk within the right-of-way of McCutcheon Road along the entire frontage of the property. The developer shall create a pedestrian connection from the public sidewalk along Stelzer Road to the front of the proposed shopping center. The pedestrian connection shall be a striped area in the parking lot. The required sidewalks shall be installed along the frontage of each tax parcel not later than in conjunction with the construction of the first building on that tax parcel.

8. The commercial development shall have internal access to the public street located along its southern property line.

C. Buffering, Landscaping, Open Space and/or Screening Commitments

1. There shall be a thirty (30) feet open space corridor from the edge of right-of-way extending along McCutcheon and Stelzer Roads, except at curb cuts. Within that open space corridor, there shall be a minimum three (3) foot high continuous uniform earth mound and a row of deciduous trees at an approximate spacing of thirty (30) feet on center with the balance of the thirty (30) foot corridor planted in grass or other landscape materials. The required mound and trees shall be installed on each tax parcel not later than in conjunction with the construction of the first building on that tax parcel.

2. Within the ten (10) foot parking setback along the east and south property lines, except where those property lines are adjacent to public streets, the developer shall install a six (6) foot high solid fence to serve as a buffer and screening from this development to adjacent residential developments; provided, however, that no such fencing shall be required within any required building setback. Deciduous trees at an approximate spacing of forty (40) feet on center shall be installed along that fence. The required fence and trees shall be installed on each tax parcel not later than in conjunction with the construction of the first building on that tax parcel.

3. All major entries from McCutcheon Road and Stelzer Road shall be demarked by utilizing the landscape material noted in 3.C.1.

4. The interior of any parking lot shall be landscaped at a ratio of one shade tree for every ten (10) parking spaces.

5. Minimum size of all plant material at installation shall be 2 ½"caliper for deciduous shade trees, 5' high for evergreen, 1 ½" caliper for ornamental trees and two gallon for shrubs. Caliper shall be measured six (6) inches above grade.

6. If landscaping is used to screen service areas containing dumpsters, ninety (90) percent opacity is required for all non-servicing sides and must be protected from service vehicles. Screening shall be one (1) foot above height of structure to be screened but not less than seven feet above finish grade.

7. The drainage ditch maybe relocated and/or piped subject to the applicable governmental permits.

8. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.

D. Building Design and/or Interior-Exterior Treatment Commitments

1. All buildings shall be constructed primarily of brick. To satisfy this requirement: each multi-store building shall have brick as its principal façade material on at least three (3) sides and may have block, painted or colored to generally match the brick, as the principal façade material on the fourth side; and single user and other "out-lot" buildings must have brick as the principal façade material on all four (4) sides.

Columbus City Bulletin (Publish Date 07/29/06) 209 of 408 2. No materials, supplies, equipment or products shall be permitted to remain on any portion of the parcel outside the permitted structure except for garden, landscaping and nursery products that are displayed for retail sale by a permitted use and the following:

a. Shopping carts may be located in parking lot cart corrals. Said cart corrals must be shown on the approved zoning clearance site plan.

b. Other outdoor display for retail sale which shall be limited as follows:

1. On the sidewalk in front of a grocery store; only if said sidewalk has a minimum depth of nine (9) feet. At least five feet of said sidewalk shall remain free of display materials to permit pedestrian / A.D.A. transit.

2. At a gasoline sales use, only as follows:

a. At the ends of fuel pump islands only if depicted on the zoning clearance site plan; and the maximum footprint of displays at the end of fuel islands shall be four (4) feet by four (4) feet.

b. The maximum height for any outside display and /or sales shall be three feet, except for soda machines, ice chests or comparable sales devices.

c. The outdoor display area shall contain only those items normally and customarily sold by a convenience store and other seasonal items and products, including but not limited to, firewood, mulch, flowers, and Christmas wreaths.

3. Mechanical equipment or other utility hardware on the roof of a building shall be screened from off site view to the height of the equipment by materials which are the same as or complement the materials utilized on the building roof or exterior. Color shall also match the building exterior or roof. Mechanical or other utility equipment on the ground shall be fully screened from off site view to the height of the equipment by a wall, fence or landscape material utilizing materials which are the same as or complement the material or character of the building.

4. Building illumination shall be permitted provided such light source is concealed. No colored light shall be uses to light the exterior of any building.

5. Blank facades on the rear of buildings are prohibited, therefore, articulating such facades with recesses, fenestrations, or pilasters is required.

E. Dumpsters. Lighting. Outdoor Display Areas and/or other Environmental Commitments

1. All external lighting, except pedestrian lighting, shall be cut-off fixtures (down-lighting). However, buildings and landscaping may be illuminated with up-lighting from a concealed source.

2. All external outdoor fixtures, except pedestrian lighting and up-lighting permitted in item 3.E. 1 above, to be used shall be from the same or similar manufacturer type to or family to ensure aesthetic compatibility. All light poles and standards shall be in dark green, black or bronze.

3. Parking lot lighting shall be no higher than twenty-seven (27) feet, except that parking lot lighting within one-hundred (100) feet of the south or east property line shall be no higher than eighteen (18) feet.

4. Building mounted lighting within service areas shall be designed in such a way that no light spillage off-site occurs.

5. Landscaping at entries to parking lots and buildings may be up-lighted by ground mounted concealed fixtures.

6. All dumpsters will be fully enclosed and screened from adjoining uses and the right of way. One side of said dumpster can be screened by a movable solid gate system.

Columbus City Bulletin (Publish Date 07/29/06) 210 of 408 F. Graphics and Signage Commitments

1. All signage and graphics shall conform to Article 15 of the Columbus City Graphics Code, as it applies to the appropriate zoning district. Any variance to the sign requirements other that those sign requirements listed below shall be submitted to the Columbus Graphic Commission.

2. The free standing signage shall be a monument style graphic, except that one non-monument sign shall be permitted provided that it is designed with an architectural style similar to the main shopping center building and is faced primarily in brick.

G. Miscellaneous Commitment

1. The park fee which the developer shall pay pursuant to Columbus City Code Section 3318.13 shall be a park fee of $2592. The fee shall be due prior to issuance of zoning clearance.

2. At the time of development of the subject property if the adjacent property at the southeast corner of Stelzer Road and McCutcheon Road (the "Corner Parcel") is not controlled by the developer of the subject property, then there shall be a 10 foot pavement/building and canopy setback from the Corner Parcel as shown on the CPD site plan, titled, "CPD District,"and the developer of the subject property shall install deciduous trees 30 feet on center within that 10 foot setback area. If the Corner Parcel is subsequently acquired by an owner of the subject property and incorporated in the subject property, then that setback and those trees shall no longer be required.

3. If the developer acquires the Corner Parcel, then the setbacks and landscaping as outlined in the Development Text shall be extended along the Stelzer Road and McCutcheon Road frontages of the Corner Parcel., and the required R.O.W. along the Corner Parcel shall also be given to the City of Columbus per the City's thoroughfare plan.

H. CPD Criteria

1. Natural Environment

The site is flat and undeveloped.

2. Existing Land Uses

To the south and east are vacant lands zoned manufacturing (L-M-2), on the southeast corner of Stelzer and McCutcheon Roads is vacant land zoned commercial (C-4); to the north across McCutcheon Road is a fire station occupying land zoned manufacturing (L-M-2), and vacant lands zoned apartment residential (AR-1) and commercial (C-4); on the northeast corner of Stelzer and McCutcheon Roads is vacant land zoned manufacturing (L-M-2); on the northwest corner of Stelzer and McCutcheon Roads is a commercial establishment containing a vet clinic zoned commercial (C-3); on the southwest corner of Stelzer and McCutcheon Roads is a vacant lot zoned commercial (C-3); on the southwest corner of Stelzer and McCutcheon Roads is a vacant lot zoned commercial (C-3); to the west across Stelzer Road is multi-family residential development zoned residential (PUD). There is a storm water drainage ditch along the east property line.

3. Transportation and Circulation

The site will have access to both McCutcheon Road and Stelzer Road.

4. Visual from the development

The site shall be developed in accordance with the text which includes architectural standards.

5. View and Visibility

In the development of the subject property and the location of the building and access points consideration has been given

Columbus City Bulletin (Publish Date 07/29/06) 211 of 408 to the visibility and safety of the motorists and pedestrians.

6. Proposed Development

Commercial as permitted under this text

7. Emissions

No adverse affects from emissions shall result from the proposed development.

8. Behavior Patterns

The proposed development will service the existing residential area as well as the office worker who uses Stelzer Road to get to work.

I. Variances Requested

This rezoning permits certain C.C. 3356 retail development and no more than one motor vehicle fuel sales facility. No variances to development standards are requested.

SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1273-2006

Drafting Date: 06/30/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance will authorize the transfer of $28,080.23 within the Voted 1999/2004 Parks and Recreation Bond Fund No. 702, and authorize the Director of Recreation and Parks to enter into a contract for with Affordable Choice Electric for Lighting Improvements at Various Parks.

Bids were received by the Recreation and Parks Department on June 29, 2006, for Lighting Improvements at Various Parks, as follows:

Status Amount Affordable Choice Electric Majority $271,670.00 Jess Howard Electric Majority $322,958.00

Project includes electrical improvements at Big Walnut, Antrim, Sawyer, Woodward, and Westgate Parks.

The Contract Compliance Number for Affordable Choice Electric is #31-1461454.

A contingency amount of $25,000.00 is being included in this project.

Emergency legislation is necessary to allow project to proceed in a timely manner.

Fiscal Impact: $296,670.00 is budgeted in the Voted 1999/2004 Parks and Recreation Bond Fund to meet the financial obligation of this project.

Columbus City Bulletin (Publish Date 07/29/06) 212 of 408 To authorize the transfer of $28,080.23 within the Voted 1999/2004 Parks and Recreation Bond Fund, to authorize the Director of Recreation and Parks to enter into contract with Affordable Choice Electric for Lighting Improvements at Various Parks, to authorize the expenditure of $296,670.00 from the Voted 1999/2004 Parks and Recreation Bond Fund, and to declare an emergency. ($296,670.00)

Body

WHEREAS, proposals were received from two (2) firms for Lighting Improvements at Various Parks; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to transfer $28,080.23 within the Voted 1999/2004 Parks and Recreation Bond Fund, and to enter into contract to allow project to proceed in a timely manner; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to enter into contract with Affordable Choice Electric for Lighting Improvements at Various Parks, in accordance with plans and specifications on file in the Recreation and Parks Department.

SECTION 2. That the City Auditor is hereby authorized to transfer $28,080.23 within the Voted 1995/2004 Parks and Recreation Bond Fund No. 702, from Reservoir Parks, Project No. 510323, OCA Code 644526, Object Level 3 6621 to Park and Playground Improvements, Project No. 510017, OCA Code 644526, and object Level 3 - 6621.

SECTION 3. That the expenditure of $296,670.00, or so much thereof as may be necessary, be and is hereby authorized from the Voted 1999/2004 Parks and Recreation Bond Fund 702, Dept. 51-01, Park and Playground Improvements, Project No. 510017, Object Level 3 - 6621, and OCA Code 644526, to pay the cost thereof.

SECTION 4. That for the purpose of paying for any contingencies which may occur during this project, the amount of $25,000.00 has been included in Section 3, above. This amount will be expended only after approval by the Director of the Recreation and Parks Department, certification by the City Auditor, and approval of the City Attorney.

SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1281-2006

Drafting Date: 07/03/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance will authorize the transfer of $202,991.79 within the Voted 1999/2004 Parks and Recreation Bond Fund No. 702, and authorize the Director of Recreation and Parks to enter into a contract with VEC Systems, Inc., for Roof Renovations: Schiller and Smith Farms.

Bids were received by the Recreation and Parks Department on June 27, 2006, for the Roof Renovations: Schiller and Smith Farms, as follows:

Status Amount VEC Systems Majority $207,650 K & W Roffing Majority $220,000

Columbus City Bulletin (Publish Date 07/29/06) 213 of 408 Phinney Roofing Majority $261,951

Project includes removal of the old chain link fencing, asphalt work, drainage work, cleaning, and painting.

Project includes roofing improvements to Schiller Recreation Center and Smith Farms Park Building.

A contingency amount of $20,000.00 is being included in this project

Contract Compliance Number for VEC Systems, Inc., is #04-3702089.

Emergency action is necessary to so project can proceed in a timely manner.

Fiscal Impact: $227,670.00 is budgeted in the Voted 1999/2004 Parks and Recreation Bond Fund to meet the financial obligation of this project.

Title To authorize the transfer of $202,991.79 within the Voted 1999/2004 Parks and Recreation Bond Fund, to authorize the Director of Recreation and Parks to enter into contract with VEC Systems, Inc., for Roof Renovations: Schiller and Smith Farms, to authorize the expenditure of $227,670.00 from the Voted 1999/2004 Parks and Recreation Bond Fund, and to declare an emergency. ($227,670.00)

Body WHEREAS, bids were received by the Recreation and Parks Department on June 27, 2006, and the contract for the Roof Renovations: Schiller and Smith Farms will be awarded on the basis of the lowest and best responsive and responsible bidder; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to transfer $202,991.79 within the Voted 1999/2004 Parks and Recreation Bond Fund, and to enter into contract to allow project to proceed ina timely manner; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to enter into contract with VEC Systems, Inc., for Roof Renovations: Schiller and Smith Farms in accordance with plans and specifications on file in the Recreation and Parks Department.

SECTION 2. That the City Auditor is hereby authorized to transfer $202,991.79 within the Voted 1995 and 2004 Parks and Recreation Bond Fund No. 702, Dept. 51-01, from Reservoir Parks, Project No. 510323, OCA Code 644526, Object Level 3 6601 to Facility Improvements, Project No. 510035, OCA Code 644526, and object Level 3 - 6620.

SECTION 3. That for the purpose of paying for any contingencies which may occur during this project, the amount of $20,000.00 has been included in Section 2, above. This amount will be expended only after approval by the Director of the Recreation and Parks Department, certification by the City Auditor, and approval of the City Attorney.

SECTION 4. That the expenditure of $227,670.00, or so much thereof as may be necessary, be and is hereby authorized from the Voted 1995 and 1999 Parks and Recreation Bond Fund 702, Dept. 51-01, Facility Improvements, Project No. 510035, Object Level 3 - 6620, and OCA Code 644526, to pay the cost thereof.

SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Columbus City Bulletin (Publish Date 07/29/06) 214 of 408 Legislation Number: 1282-2006

Drafting Date: 07/03/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance will authorize the transfer of $21,200.00 within the Voted 1999/2004 Parks and Recreation Bond Fund No. 702, and authorize a modification to Contract No. EL001153 for additional architectural services with Design Group related to the Lazelle Woods Recreation Center.

Amount of modification is $21,200.00 bringing the total modified contract cost to $470,010.00.

Additional services are for construction inspection beyond the original completion date.

The Contract Compliance Number for Design Group is #31-0810142.

Emergency legislation is requested as the work is complete.

Fiscal Impact: $21,200.00 is required and budgeted in the Parks and Recreation Voted 1999/2004 Bond Fund to meet the financial obligation of this contract modification.

Title To authorize the transfer of $21,200.00 within the Voted 1999/2004 Parks and Recreation Bond Fund, to authorize the modification of Contract No. EL001153 with Design Group for additional architectural services related to the Lazelle Woods Recreation Center, to authorize the expenditure of $21,200.00 from the Parks and Recreation Voted 1999/2004 Bond Fund, and to declare an emergency. ($21,200.00)

Body WHEREAS, it is necessary to modify the contract with Design Group for additional architectural services related to the Lazelle Woods Recreation Center as work is complete; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to transfer $21,200.00 within the Voted 1999/2004 Parks and Recreation Bond Fund as work is complete; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to modify Contract No. EL001153 with Design Group for additional architectural services related to the Lazelle Woods Recreation Ceenter, in accordance with plans and specifications on file in the Recreation and Parks Department.

Section 2. That the City Auditor is hereby authorized to transfer $21,200.00 within the Voted 1995 and 2004 Parks and Recreation Bond Fund No. 702, from Northland Improvements, Project No. 510321, OCA Code 644526, Object Level 3 6621 to Facility Improvements, Project No. 510035, OCA Code 644526, and Object Level 3 - 6681.

Section 3. That the expenditure of $21,200.00, or so much thereof as may be necessary, be and is hereby authorized

Columbus City Bulletin (Publish Date 07/29/06) 215 of 408 from the Parks and Recreation Voted 1999/2004 Bond Fund No. 702, Dept. No. 51-01, Facility Improvements, Project No. 510035, OCA Code 644526, and Object Level 3 No. 6681, to pay the cost thereof.

Section 4. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1283-2006

Drafting Date: 07/03/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This legislation authorizes a modification to the design contract with ms consultants, inc. for the High Street Neighborhood Commericial Revitilization project. This project is being designed to construct a streetscape for North High Street from Lane Avenue to Arcadia Avenue. This modification provides funding for anaylsis of additional alternatives for the sewer separation outfall work included with this project in a previous modification. This modification also provides for water line work for the Division of Power and Water. This modification is an addition to the original scope of services but is a continuation of the existing work being performed and would not be practical to contract with a different consultant. Current hourly rates, the overhead rate and the percentage of profit that were negotiated at the beginning of this project were used to determine the amount of this modification. ms consultants, Inc., contract compliance number 34-6546916 (expires 7/28/2008), was selected in accordance with Chapter 329 for professional service contracts.

The original contract amount was $254,083.00 The total of all prior modifications is $1,296,855.96 The total of Modification No. 3 is $90,718.35 The contract amount, including all modifications is $1,641,657.31

Emergency action is requested for immediate modification of the design contract for the earliest possible completion of the design to stay on schedule for construction and preserve the safety and welfare of the public.

Fiscal Impact: Funds in the amount of $70,718.35 are budgeted and available in the Voted Sanitary Bond Fund and funds in the amount of $20,000.00 are available in the Waterworks Enlargement Voted 1991 Bonds Fund .

TitleTo authorize the Director of Public Service to modify and increase the contract with ms consultants, inc. for preparation of construction plans for the High Street Neighborhood Commericial Revitilization project for the Transportation Division; to authorize the expenditure of $20,000.00 from the Waterworks Enlargement Voted 1991 Bonds Fund; and the transfer and expenditure of $70,718.35 from within the Voted Sanitary Bond Fund; and to declare an emergency. ($90,718.35).

BodyWHEREAS: contract no. CT-17941 (EA-029708) was authorized by Ordinance No. 0028-97, passed January 6, 1997, executed January 29,1997, and approved by the City Attorney on January 30, 1997; and

WHEREAS: it is necessary to modify this contract to complete additional design for a sewer separation and water line work as per the consultant's letter dated May 11, 2006 for the High Street Neighborhood Commericial Revitilization project; and

WHEREAS: an emergency exists in the usual daily operation of the Department of Public Service, Transportation Division, in that the contract should be modified and increased immediately so that the work may proceed without delay,

Columbus City Bulletin (Publish Date 07/29/06) 216 of 408 thereby preserving the public health, peace, property, safety and welfare; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Public Service be and is hereby authorized to modify and increase contract no. CT-17941 (EA-029708), with ms consultants, inc., to complete the design, construction plans, and permits for the High Street Neighborhood Commericial Revitilization project in accordance with the plans on file in the office of the Public Service Director.

Section 2. That the City Auditor is hereby authorized and directed to transfer $70,718.35 from within the Voted Sanitary Bond Fund No. 664, for the Division of Sewerage and Drainage as follows:

FROM: 650497-Upper Scioto W. Subt| Obj. Level 3: 6676| OCA 664497| $70,718.35

TO: 650404-Sanitary System Rehab.|OL3: 6676| OCA 651034| $70,718.35

Section 3. That for the purpose of paying the cost of the sanitary sewer improvements, the sum of $70,718.35 or so much thereof as may be needed, is hereby authorized to be expended from the Fund 664| Div. 60-05| Proj: 650404| San. Sys Rehab.| OCA 655266| OL3: 6630.

Section 4. That for the purpose of paying the cost of the waterline improvements, the sum of $20,000.00 or so much thereof as may be needed, is hereby authorized to be expended from the Waterworks Enlargement Voted 1991 Bonds Fund, Dept/Div. 60-09, OCA code 642900, Object Level 6629, and project no. 690026.

Section 5. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the mayor, or ten days after passage if the mayor neither approves nor vetoes the same.

Legislation Number: 1285-2006

Drafting Date: 07/03/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: To modify and extend the existing city-wide contracts for the option to purchase Protective Footwear for various City agencies to and including November 30, 2006. The Purchasing Office opened formal bids on June 13, 2002. The Purchasing Office advertised and solicited competitive bids in accordance with Section 329.06. (Proposal No. SA000268DRM).

FL001299 with Safety Solutions, Inc., contract compliance number 31-0808325 (expires 1/9/2007) was established in accordance with bids received. This company is not debarred according to the Federal Excluded Parties Listing or prohibited from being awarded a contract according to the Auditor of State Unresolved Findings for Recovery Certified Search.

Columbus City Bulletin (Publish Date 07/29/06) 217 of 408 1) Amount of additional funds: The estimated annual expenditure for all agencies is $180,000.00. City agencies must obtain approval to expend from their own budgeted funds for their estimated expenditures. 2) Reason additional needs were not foreseen: An extension through July 31, 2006 was provided for in the original contract. However, the Purchasing Office requires additional time to open new bids and complete the evaluation process, so an additional extension through November 30, 2006 is requested. This additional extension request requires that competitive bidding requirements of Chapter 329 be waived since the extension is not provided for in the original contract. 3) Reason other procurement processes not used: The same exact product is required as originally bid. No lower pricing/more attractive terms or conditions are anticipated through re-bidding at this time. 4) How cost was determined: The cost, terms and conditions are in accordance with the original agreement

FISCAL IMPACT: No funding is required to extend the option contracts. City agencies must set aside their own funding for their estimated expenditures.

To maintain an uninterrupted supply of protective footwear to City agencies using the Universal Term Contract, this ordinance is be submitted as an emergency. Title To authorize and direct the Finance and Management Director to modify and extend the UTC contract for the option to purchase Protective Footwear with Safety Solutions, Inc., to waive the provisions of competitive bidding, and to declare an emergency. Body WHEREAS, the Purchasing Office advertised and solicited formal bids for the purchase of protective footwear, and selected the lowest bid; and

WHEREAS, the current supplier has agreed to extend FL001299 at current prices and conditions to and including November, 2006, and it is in the best interest of the City to exercise this option to allow the Purchasing Office additional time to open new bids and evaluate the bid results; and

WHEREAS, in order to avoid a lapse in our ability to provide necessary protective footwear, this is being submitted for approval as an emergency measure; and

WHEREAS, an emergency exists in the usual daily operation of the Purchasing Office in that it is immediately necessary to extend FL001299 for an option to purchase protective footwear thereby preserving the public health, peace, property, safety, and welfare, now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Finance and Management Director be and is hereby authorized and directed to modify and extend FL001299 with Safety Solutions, Inc. to and including November 30, 2006.

SECTION 2. That in accordance with Section 329.27 of the Columbus City Code, this Council finds the best interest of the City is served by waiving, and does hereby waive Sections 329.06 (Formal Competitive Bidding) of the Columbus City Code.

SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1286-2006

Drafting Date: 07/03/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation

Columbus City Bulletin (Publish Date 07/29/06) 218 of 408 BACKGROUND: This ordinance will allow the Department of Technology (DoT) to begin phase III of the metronet replacement project. The metronet provides data connectivity that allows all city agencies and departments to communicate and support other business functions. The metronet project has completed two phases. Phase I of this project was authorized by ordinance #1246-2004, with a passage date of July 12, 2004. This phase consisted of replacing the core network infrastructure, which consists of nine major city facilities including the City's enterprise data center; replacement of wires and major network equipment, which provide data transport for applications such as Performance, e-mails, WASIMS, income tax, and internet access; among others. Phase II consisted of replacement of equipment and hardware utilized to prevent outages among other related functions.

Now, DoT has a need to begin phase III. Phase three will consist of continuing the effort to replace network equipment at remote locations citywide. The work performed in phase three will prevent lengthy outages that can affect entire floors within city facilities as well as complete network outages for smaller remote locations. In order to begin phase III, DoT through the Purchasing Department completed a bid process, in compliance with Section 329 (purchasing did SA002001JY, opened May 25, 2006, for hardware components) and plans to utilize established Universal Term Contracts (UTC): Insight Public Sector will be supplying professional services via the Network Services UTC contract with the City of Columbus; Pomeroy will be supplying hardware/equipment maintenance via Cisco UTC contract with the City of Columbus; Echo24 will be providing wiring services via the Network Services UTC contract with the City of Columbus; Smart Solutions will provide hardware/maintenance from the Technical Services server UTC contract with the City of Columbus; Pomeroy, Inc was selected using a formal bid process and will provide UPS hardware; CDWG was selected using a formal bid process and will provide secure equipment cabinets. There were 21 majority bids, 2 M1A, 1 F1A, 4 no status, and 3 no records found.

The following companies, and associated cost elected to provide various services and hardware for this project are as follows:

Insight, Public Sector, Professional Services| $40,000.00 Pomeroy, Network Hardware/Maintenance $396,500.00 Echo24, voice/data wiring service| $25,760.00 Smart Solutions, Server hardware/maintenance, $6,000.00 Pomeroy,Inc, formal bid for UPS (Uninteruptable Power Supply), $13,740.00 CDW-G, formal bid for Liebert security cabinets, $8,000.00

EMERGENCY: Emergency action is requested to ensure that this project is not delayed, thereby endangering various city systems.

FISCAL IMPACT: Previously, DoT legislated $484,000.00 for passage of phase I. Later during the year of 2004 ordinance #1411-2004 was approved in the amount of $323,000.00 for phase II. For phase III, in the amount of $490,000.00, funds have been identified and sufficient budget authority within the 2006 Information Services Capital Improvements Budget.

CONTRACT COMPLIANCE: Insight Public Sector #363949000 Expiration: 2/28/07 (FL0025555, BPCMP30D - Expiration Date: 3/31/07 ) Pomeroy #611352158 Expiration: 10/5/07 (FL002554, BPCMP30B - Expiration Date: 3/31/07) Echo24 #311753698 Expiration: 10/06/06 (FL002553, BPCMP30C - Expiration Date: 3/31/07) Smart Solutions #341403269 Expiration: 6/04/07 (SA002001JY) CDW-G #364230110 Expiration: 5/16/08 (SA002001JY) Title To authorize the Director of Finance and Management Department on behalf of The Department of Technology to enter into contracts with Insight Public Sector, Pomeroy, Echo24, Smart Solution, and CDW-G for the acquisition of equipment and professional services related to phase three of the Metronet infrastructure upgrade project; to authorize the expenditure of $490,000.00 from the Department of Technology, information services capital improvement fund; and to declare an emergency ($490,000.00).

Columbus City Bulletin (Publish Date 07/29/06) 219 of 408 WHEREAS, the Department of Technology has a need to continue replacing the network infrastructure of the City's Metronet; and

WHEREAS, the funds for the Metronet infrastructure upgrade project are available within the Information Services Capital Improvement Fund; and

WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to continue replacing infrastructure associated with the metronet upgrade project, to ensure that this project is not delayed, thereby endangering various city systems, with various companies, for the immediate preservation of the public health, peace, property, safety and welfare; now therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1: To authorize the Director of Finance and Management Department on behalf of The Department of Technology to enter into contracts with Insight Public Sector, Pomeroy, Echo24, Smart Solution, and CDW-G for the acquisition of equipment and professional services related to phase three of the Metronet infrastructure upgrade project, with the total cost of $490,000.00.

SECTION 2: That for the purpose of paying the costs referred to in section 1, the expenditure of $490,000.00 or so much thereof as may be necessary from the information services capital improvements fund, fund 514, department/division number 4702, project number 470038, project name: Network Replacement Phase III, is hereby authorized as follows:

object level one object level three OCA amount 6 6644 470038 $490,000.00

SECTION 3: That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to by an emergency measure, and shall take effect and be in force from and after its passage and approval by the Mayor, or in ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1287-2006

Drafting Date: 07/03/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation The purpose of this ordinance is to establish a purchase order with Fifth Third Processing Solutions for credit card processing services. The Fifth Third Processing Solutions contract with the City expired on February 28, 2006 and the Treasurer's Office contract with Huntington Merchant Services LLC was scheduled to take effect on March 1, 2006. Contract negotiations with processing agent Paypal, Inc. have delayed the implementation of the contract for the foreseeable future. Until this negotiation process is complete the Division of Power and Water will be unable to provide its customers the option of paying their water bill by credit card through the World Wide Web. The Division of Power and Water would like to enter into a purchase order with Fifth Third Processing Solutions, for credit card processing services

Columbus City Bulletin (Publish Date 07/29/06) 220 of 408 rendered, in the amount of $40,000, or as much thereof as may be needed, and to waive the provisions of competitive bidding. The Contract Compliance number for Fifth Third Processing Solutions is 31-0740333. They do not have certified MBE/FBE status.

It is requested that this Ordinance be handled in an emergency manner, as the division would like to pay for credit card processing services rendered as soon as possible.

FISCAL IMPACT: Funds are available in the Division of Operational Support Operating budget to cover this expense.

$149,507.52 was expended for credit card processing services in 2005. $79,388.21 was expended for credit card processing services in 2004.

Title To authorize the Director of Public Utilities to establish a purchase order with Fifth Third Processing Solutions, for credit card processing services, to waive the competitive bidding provisions of Chapter 329 of the Columbus City Codes, 1959, to authorize the expenditure of $40,000.00 from the Water Operating and Sewer Operating-Sanitary Funds, and to declare an emergency. ($40,000.00)

Body WHEREAS, the purpose of this ordinance is to establish a purchase order with Fifth Third Processing Solutions for credit card processing services, and

WHEREAS, the Fifth Third Processing Solutions contract with the City expired on February 28, 2006 and the Treasurer's Office contract with Huntington Merchant Services LLC was scheduled to take effect on March 1, 2006, and

WHEREAS, contract negotiations with the processing agent Paypal, Inc. have delayed the implementation of the contract for the foreseeable future, and

WHEREAS, an emergency exists in the usual daily operation of the Division of Power and Water, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to enter into a purchase order, with Fifth Third Processing Solutions, for credit card processing services, in an emergency manner in order to allow for expedited payment of services, for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS

Section 1. That the Director of Public Utilities be and is hereby authorized to enter into a purchase order, with Fifth Third Processing Solutions, for credit card processing services, for the Department of Public Utilities, Division of Power and Water.

Section 2. That in accordance with Section 329.27 of the Columbus City Code, this Council finds the best interest of the City is served by waiving, and does hereby waive Section 329.06 (Formal Competitive Bidding) of the Columbus City Code.

Section 3. That the expenditure of $40,000.00 or as much thereof as may be needed, are hereby authorized from Water Operating Fund, Fund No. 600 and Sewer Operating-Sanitary Fund, Fund No. 650, Departments 60-09 and 60-05, respectively, Object Level One 02, Object Level Three numbers, OCA Codes, and amounts listed below, to pay the cost thereof.

Columbus City Bulletin (Publish Date 07/29/06) 221 of 408 OCA Vendor Code OBL 3 Amount

Fifth Third Processing Solutions 600205 3348 $20,000.00 600209 3348 $20,000.00 $40,000.00

Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1288-2006

Drafting Date: 07/03/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND This ordinance is to authorize the Director of Finance and Management to establish a purchase order, for the Department of Technology, with Software House International (SHI) for Microsoft products and licenses. These products and licenses are being acquired through a bid state term contract (0A02011 - Expiration 9/30/2006) available for the city's use.

The Department of Technology has received numerous requests from customer agencies regarding current and updated versions of Microsoft products and licenses. This request is to authorize the purchase of replacement and additional Microsoft server licenses and other software licenses. Examples are Server Licenses, Office Professional and Standard editions, Visio, Publisher, ISA Media, Virtual Server and others.

CONTRACT COMPLIANCE 223009648 - Expiration 11/09/2007 Software House International (SHI)

FISCAL IMPACT A total of $25,637.00 in 2004 and $223,286.00 in 2005 was expended with Software House International (SHI) for various Microsoft products and licenses. This year the Department of Technology will expend $295,000.00 with Software House International (SHI) for Microsoft products and licenses. Funding for this purchase is available within the Department of Technology's 2006 information services fund budget.

EMERGENCY DESIGNATION Emergency designation is being requested to immediately facilitate this purchase, as the licenses and products being purchased are crucial to city operations.

Title To authorize the Director of Finance and Management to establish a purchase order, for the Department of Technology, with Software House International, for various Microsoft software products and licenses; to authorize the expenditure of $295,000.00 or so much as may be needed from the information services fund; and to declare emergency ($295,000.00)

Body WHEREAS, this ordinance authorizes the Director of Finance and Management to establish a purchase order, for the Department of Technology, for the purchase of Microsoft software products and licenses; and

Columbus City Bulletin (Publish Date 07/29/06) 222 of 408 WHEREAS, the current and updated versions allow much more effective use of the capabilities provided by Microsoft software products and licenses; and

WHEREAS, a bid state term contract (0A02011) is available for the city's use with Software House International for the software license purchase; and

WHEREAS, funding is available for this purchase within the Department of Technology's 2006 information services fund; and

WHEREAS, an emergency exists in the usual daily operation of the Department of Technology in that it has an immediate need to encumber funds to purchase current and upgraded Microsoft products and licenses from Software House International (SHI) to maintain crucial city operations, thereby preserving the public health, peace, property, safety and welfare; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Director of Finance and Management be and hereby is authorized to establish a purchase with Software House International for the purchase of Microsoft products and licenses through the bid state term contract 0A02011.

SECTION 2. That the expenditure of $295,000.00 or so much as may be needed be and hereby is authorized within the information services fund to pay the cost thereof as follows:

Division: 47-02|Fund: 514|Subfund: 001|OCA: 472411 | Object level one: 03| Object level three code: 3358| Amount: $250,000.00| End User Computing

Division: 47-01|Fund: 514|Subfund: 010|OCA: 500147| Object level one: 03| Object level three code: 2224| Amount: $45,000.00| Health

SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approved nor vetoes the same.

Legislation Number: 1289-2006

Drafting Date: 07/05/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: Heart disease is the number one killer of women in the nation. Here in Columbus, only 6% of sudden cardiac arrest victims survive. Effective CPR and automated external defibrillation can dramatically raise the survival rates of all cardiac arrest victims. For three years, Council member Patsy Thomas has led Project Second Chance, a collaborative effort to educate the community about the need for greater resources to combat heart disease, and to increase the cardiac arrest survival rate through a variety of methods, including greater access to automated external defibrillators and increasing the number of citizens trained in CPR and AED use. As a direct result of the program, a total of 138 AEDs have

Columbus City Bulletin (Publish Date 07/29/06) 223 of 408 been deployed in the Columbus area and over 3,000 persons have been trained in CPR. Project Second Chance saves lives, and a big part of the program is improving access to AEDs and AED/CPR training within the City of Columbus itself.

Project Second Chance has trained over 1,000 City employees, and to date, sixty-four AEDs have been installed in various City facilities. Recreation & Parks' facilities are one high-traffic component of the City program, representing sites where individuals engage in physical activity that results in increased heart rates and increased risk for sudden cardiac arrest. Council provided permanent improvements funds in 2005 to equip 14 of Recreation & Park's sites. This ordinance authorizes the City Clerk to contract with Medtronic Emergency Response Systems, Inc, to purchase 26 additional AED units for deployment within Recreation & Parks' remaining recreation centers thereby providing AEDs in all city Recreation & Parks facilities where physical activity, elevated heart rates, and increased risk for sudden cardiac arrest exist.

Previous legislation established a Universal Term Contract (Ordinance 0773-2005) for the City and other governmental entities to purchase AED units from Medtronic.

Contract Compliance: 910697691.

Fiscal Impact: Funds exist within the City's Permanent Improvement Fund to support this purchase.

Title To authorize the appropriation of $62,000 within the General Permanent Improvement Fund; to authorize the City Clerk to enter into contract with Medtronic Emergency Response Systems, Inc, for the purchase of Automated Electronic Defibrillator Equipment, Supplies and Service for City recreation centers; to authorize the expenditure of $62,000 from the General Permanent Improvement Fund; and to declare an emergency. ($62,000.00)

Body Whereas, Medtronic is a manufacturer of automatic external defibrillators and a provider of other medical devices and solutions including the LIFEPAK® Heart Safe Solutions Program; and

Whereas, The City earlier selected Medtronic to help provide an education and outreach program for Public Access Defibrillation within the Columbus Community, and in doing so, cite itself the "Official AED Provider to the City of Columbus"; and

Whereas, Columbus desires to save the lives of employees, citizens, and visitors at City owned sites, by enabling access to appropriate automated external defibrillation equipment, supplies, and service; and

Whereas, Ordinance 0773-2005 established a Universal Term Contract for the City and other governmental entities to purchase AED units from Medtronic; and

Whereas, new units will be placed in another 26 recreation centers to improve access for individuals experiencing increased heart rates due to physical activity; and

Whereas, In order to provide immediate access to life saving resources, the City is pursuing this authorization as an emergency measure; and

Whereas, an emergency exists in the usual daily operation of the City in that it is immediately necessary for the City Clerk to contract with Medtronic Emergency Response Systems, Inc., for the purchase of Automated External Defibrillator equipment, supplies and service, for the immediate preservation of public peace, property, health, safety and welfare; now, therefore,

Columbus City Bulletin (Publish Date 07/29/06) 224 of 408 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That from the unappropriated balance in Fund 748, the General Permanent Improvement Fund, and from all monies estimated to come into said Fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2006, the sum of $62,000.00 be and hereby is appropriated to Department No. 20-01, Office of the City Clerk Division, Object Level One Code 06, Object Level Three Code 6600, OCA Code 920748 and Project -----748999.

SECTION 2. That the City Auditor is hereby authorized and directed to transfer funds within the General Permanent Improvement Fund as follows:

FROM: Dept/Div: 20-01, Fund 748, Project: 748999, OCA 920748, OL3 6600, Amount: $62,000.00

TO: Dept/Div: 20-01, Fund 748, Project: 200016, OCA 200016, OL3 6642, Amount: $62,000.00

SECTION 3. That the monies appropriated in the foregoing Section 1 shall be paid upon order of the City Clerk and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.

SECTION 4. That the City Clerk be and is hereby authorized to establish a purchase order in the amount of $62,000.00 with Medtronic Emergency Response Systems, Inc for the purchase of Automated External Defibrillator equipment, supplies and service in accordance with the terms and conditions of universal term contract FL002648 established for this purpose.

SECTION 5. That to pay the cost of the aforementioned purchase order, the expenditure of $62,000.00 or so much thereof as may be needed is authorized from the General Permanent Improvement Fund, Fund 748, Department No. 20-01, Office of the City Clerk, Project: 200016, OCA 200016, OL3 6642.

SECTION 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1290-2006

Drafting Date: 07/05/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: This ordinance authorizes the Finance and Management Director to enter into contract for the Facilities Management Division with Gutknecht Construction Company, in the amount of $2,618,000.00 for the renovation and addition to the McKinley Avenue Police Complex. The renovation will consist of the construction of a new one story masonry, seven bay vehicle storage building, and the renovation of two levels in the existing training academy building, located at 2609 McKinley Avenue, which encompasses general trades floors, walls, ceilings, general finishes, and upgrades to the plumbing, mechanical, electrical, fire alarm and security systems in those areas. This building is occupied by the Police Division and formerly housed the Police Academy. The purpose of this renovation and construction is to modify and improve the facility for use by the SWAT team, and to allow the relocation of Precinct 1 into space currently occupied

Columbus City Bulletin (Publish Date 07/29/06) 225 of 408 by SWAT. This move will reduce the City's current lease obligation to house Precinct 1, and will locate Precinct 1 more centrally within its geographical area of responsibility. The contractor has two hundred forty (240) calendar days upon notification of the award of the contract to complete the project.

Formal proposals were solicited on April 18, 2006. Three firms submitted proposals on May 23, 2006 as follows: (1 AFA*, 1 FBE^).

^Hopewell Constructors, Inc. $2,451,000.00 Gutknecht Construction Co., Inc. $2,618,000.00 *Smoot Construction Co. of Ohio $2,687,000.00

It is the recommendation of the Facilities Management Division to award this contract to the most responsive and responsible bidder, Gutknecht Construction Co., Inc. Contract Compliance Number 31-0935568, exp. 09/24/2007. Hopewell Constructors, Inc. did not have satisfactory experience with similar projects.

Emergency action is requested so that work may begin as quickly as possible to improve SWAT operations and to reduce lease costs by relocating Precinct 1.

Fiscal Impact: The Police Division has $2,400,000 budgeted for this project. Previously, Ordinance 1088-2005, passed July 20, 2005 authorized the expenditure of $213,700.00 for professional services, and Ordinance 0938-2006, passed June 8, 2006, authorized an increase for professional services of $40,000.00. The cost of this ordinance is $2,618,800.00. The total cost of this project is $2,871,700.00. The Police Division will pay for the cost overrun through savings in other projects.

Title To authorize the Finance and Management Director to enter into contract for the Facilities Management Division with Gutknecht Construction Co., Inc. for the renovation and addition to the McKinley Avenue Police Complex, to authorize the expenditure of $2,618,000.00 from the Safety Voted Bond Fund, and to declare an emergency. ($2,618,000.00)

Body WHEREAS, the Police Academy was previously housed at 2609 McKinley Avenue, and

WHEREAS, it is now necessary to renovate 2609 McKinley Avenue in order to improve the facility for the SWAT division and to relocate Precinct 1 into the area currently occupied by SWAT, and

WHEREAS, the Facilities Management Division recommends acceptance of the bid submitted by Gutknecht Construction Co., Inc. as the most responsive and responsible bid, and

WHEREAS; an emergency exists in the usual daily operation of the Facilities Management Division in that it is immediately necessary to authorize the Finance and Management Director to enter into contract with Gutknecht Construction Co., Inc. for the renovation and addition to the 2609 McKinley Avenue Police complex, thereby preserving the public health, peace, property, safety, and welfare; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Finance and Management Director is hereby authorized to contract with Gutknecht Construction Co., Inc. for the renovation and addition to the 2609 McKinley Avenue Police complex.

SECTION 2. That the expenditure of $2,618,000.00, or so much thereof that may be necessary in regard to the action authorized in SECTION 1, be and is hereby authorized and approved as follows:

Division: 30-03 Fund: 701 Project: 330021

Columbus City Bulletin (Publish Date 07/29/06) 226 of 408 OCA Code: 644476 Object Level 1: 06 Object Level 3: 6620 Amount: $2,268,000.00

Division: 30-03 Fund: 701 Project: 330023 OCA Code: 644476 Object Level 1: 06 Object Level 3: 6620 Amount: $350,000.00

SECTION 3. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the mayor neither approves or vetoes the same.

Legislation Number: 1291-2006

Drafting Date: 07/05/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Columbus Health Department has a need to print Ready in 3 brochures and related paperwork in order to educate the public in the event of bioterrorism activity in central Ohio. This legislation authorizes the purchase of emergency preparedness literature from The Old Trail Printing Company for $32,479.80 for the period ending August 30, 2006.

The primary objective of the Public Health Infrastructure program is to develop an infrastructure system to address terrorism and bioterrorism activities should they occur in central Ohio. Of the five bids solicited three responses were returned: The Old Trail Printing Company $32,479.80; Ohio Full Court Press (FBE) $40,662.00; and Buckeye Printing & Mailing Services and Patton $50,596.00. The contract compliance number for The Old Trail Printing Company is 31-0680775 expiring 03/17/2007.

This ordinance is submitted as an emergency to allow for the completion of this purchase by the grant ending date of August 30, 2006.

FISCAL IMPACT: The funds to purchase this emergency preparedness literature are budgeted and available in the Health Department Grants Fund, Public Health Infrastructure Grant, Fund 251.

Title To authorize and direct the Columbus Health Department to purchase emergency preparedness literature from The Old Trail Printing Company, to authorize the expenditure of $32,479.80 from the Health Department Grants Fund, and to declare an emergency. ($32,479.80)

Body

Columbus City Bulletin (Publish Date 07/29/06) 227 of 408 WHEREAS, the Columbus Health Department has a need to print Ready in 3 emergency preparedness brochures and related paperwork in order to educate the public in the event of bioterrorism activity in central Ohio for the period ending August 30, 2006; and,

WHEREAS, five bids were solicited (City Print Shop, Mayo's Printing[MBE], The Old Trail Printing Company, Buckeye Printing & Mailing Services and Patton, and Ohio Full Court Press[FBE] and three vendors submitted prices; and,

WHEREAS, The Old Trail Printing Company was determined to be the lowest and best bid for the purchase of this emergency preparedness literautre; and,

WHEREAS, an emergency exists in the usual daily operation of the Health Department in that it is immediately necessary to purchase emergency preparedness literature for the immediate preservation of the public health, peace, property, safety and welfare; Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Columbus Health Department is hereby authorized and directed to purchase emergency preparedness literature for the period ending August 30, 2006.

SECTION 2. That the expenditure of $32,479.80 is hereby authorized from the Health Department Grants Fund, Fund No. 251, Division No. 50-01, Grant No. 506045, Object Level One 03, Object Level Three 3352, OCA Code 506045.

SECTION 3. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1292-2006

Drafting Date: 07/05/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationThe Public Service Department, Transportation Division, routinely contracts for street resurfacing as a means of renewing and prolonging the life of streets and highways. Street resurfacing improves ride ability and reduces street maintenance expenses. This legislation authorizes the Public Service Director to enter into a contract in an amount up to $1,058,070.52 for the Resurfacing 2006 - Project 2 improvement project and to pay construction inspection costs up to $105,807.05. This contract resurfaces fourteen city streets and constructs 82 curb ramps along these streets that are consistent with the Americans with Disabilities Act (ADA). The work consists of milling existing pavement, overlaying with new asphalt concrete, minor curb replacement and replacing curb and sidewalk associated with installing ADA wheelchair ramps. Where warranted, full depth pavement renovation will be performed. The project was advertised in the City Bulletin, Dodge Reports and by the Builders Exchange. Five bids were received (5 majority, zero minority) and tabulated on June 29, 2006 as follows:

bidder / amount bid The Shelly Company / $1,058,070.52 Kokosing Construction Company / $1,101,689.33 Decker Construction Company / $1,149,734.30 Strawser Paving Company / $1,165,217.08 Shelly and Sands, Incorporated / $1,205,840.06

Columbus City Bulletin (Publish Date 07/29/06) 228 of 408 Award is to be made to The Shelly Company, contract compliance number 31-1279704 (expires July 12, 2008) as the lowest, best, most responsive and most responsible bidder.

Fiscal Impact: Funding for this project is included in the Transportation Division's 2006 Capital Improvement Budget in the 1995, 1999, 2004 Voted Streets and Highway Fund in the Resurfacing project. The construction estimate for the project is $1,059,866.30. The actual contract amount is $1,058,070.52 with $105,807.05 for construction inspection costs. The total amount to be legislated is $1,163,877.57.

Emergency action is requested to allow construction to commence in August 2006. The estimated Notice to Proceed date is August 11, 2006. The contractor has been given 60 days to complete the construction of the project.

TitleTo authorize the Public Service Director to enter into a contract with The Shelly Company for the Resurfacing 2006 - Project 2 improvement project for the Transportation Division; to authorize the expenditure of $1,163,877.57 from the 1995, 1999, 2004 Voted Streets and Highway Fund; and to declare an emergency. ($1,163,877.57)

BodyWHEREAS, bids were received on June 29 and tabulated on June 30, 2006, for the Resurfacing 2006 - Project 2 improvement project and a satisfactory bid has been received; and

WHEREAS, it is necessary to provide for construction inspection costs; and

WHEREAS, an emergency exists in the usual daily operation of the Transportation Division in that the contract should be awarded immediately so that the work may commence in August 2006, thereby preserving the public health, peace, property, safety and welfare; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Public Service Director be and is hereby authorized to enter into a contract with The Shelly Company, 1771 Harmon Avenue, Columbus, Ohio 43223, for the construction of the Resurfacing 2006 - Project 2 improvement project in the amount of $1,058,070.52 for the Transportation Division in accordance with the specifications and plans on file in the office of the Transportation Administrator, which are hereby approved; and to obtain and pay for the necessary inspection costs associated with the project up to a maximum of $105,807.05.

SECTION 2. That for the purpose of paying the cost of the contract and inspection, the sum of $1,163,877.57 or so much thereof as may be needed, be and hereby is authorized to be expended from Fund 704, the 1995, 1999, 2004 Voted Streets and Highway Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385 and project 530282.

SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1293-2006

Drafting Date: 07/05/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: For the option to purchase Fire Uniforms for the Division of Fire, Department of Public Safety. The term of the proposed option contract (UTC) would be up to and including three years from contract commencement date

Columbus City Bulletin (Publish Date 07/29/06) 229 of 408 with the option to renew for two additional one year periods. The Purchasing Office opened formal bids on April 20, 2006.

The Purchasing Office advertised and solicited competitive bids in accordance with Section 329.06 (Solicitation No. SA001968). Fourteen (14) bids were solicited (MAJ:13, FBE:1); two (MAJ:2) bids were received.

The Purchasing Office is recommending award of one contract to the lowest, responsive, responsible and best bidder:

Roy Tailor Uniform Company of Columbus Inc.; MAJ, CC# 311261664, expires 9/17/06. All items.Total Estimated Annual Expenditure: $850,000.00

This Company is not debarred according to the Excluded Parties listing of the Federal Government and is not listed in the Auditor of State database for Findings for Recovery.

This ordinance is being submitted as an emergency because, without emergency action, no less than 37 days will be added to this procurement cycle and the efficient delivery of valuable public services will be slowed.

FISCAL IMPACT: Funding to establish this option contract is budgeted in the Universal Term Contract Fund. City Agencies will be required to obtain approval to expend from their own appropriations for their estimated annual expenditures. Title To authorize and direct the Finance and Management Director to enter into a contract for the option to purchase Fire Uniforms with Roy Tailor Uniform Company of Columbus, Inc. to authorize the expenditure of one dollar to establish the contract from the Universal Term Contract Fund, and to declare an emergency. ($1.00). Body WHEREAS, the Purchasing Office advertised and solicited formal bids on April 20, 2006 and received two responses. Eagle General Services, Inc. provided a bid that was low bid on 47 items; however, the Division of Fire and the Purchasing Office determined the bid was none responsive as Eagle was unable to comply with bid specifications and requirements. As requested, bidders were required to provide samples for evaluation purposes and Eagle General Services was unable to comply with this requirement to provide samples within the established time. The Division of Fire was unable to verify that Eagle General Services is an authorized dealer for two of the manufacturers whose products they bid. Therefore, Roy Tailor Uniform Company of Columbus, Inc is recommended to receive the award for all items.

WHEREAS, the Purchasing Office selected the lowest, responsive, responsible and best bid and

WHEREAS, this ordinance addresses Purchasing objective of 1) maximizing the use of City resources by obtaining optimal products/services at low prices and 2) encouraging economic development by improving access to City bid opportunities and 3) providing effective option contracts for City agencies to efficiently maintain their supply chain and service to the public; and

WHEREAS, in order to ensure fire uniforms are supplied without interruption to new recruits and existing Division of Fire men and women firefighters, this is being submitted for consideration as an emergency measure; and

WHEREAS, an emergency exists in the usual daily operation of the Purchasing Office in that it is immediately necessary to enter into a contract(s) for an option to purchase Fire Uniforms, thereby preserving the public health, peace, property, safety, and welfare; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Finance and Management Director be and is hereby authorized and directed to enter into the following contract for an option to purchase Fire Uniforms in accordance with Solicitation No. SA001968 as follows:

Roy Tailors Company of Columbus, Inc., All Items, Amount $1.00.

Columbus City Bulletin (Publish Date 07/29/06) 230 of 408 SECTION 2. That the expenditure of $1.00 is hereby authorized from the Universal Term Contract Fund, Organization Level 1: 45-50, Fund: 05-517, Object Level 3: 2270, OCA: 450020, to pay the cost thereof.

SECTION 3. That for the reason stated in the preamble here to, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1296-2006

Drafting Date: 07/05/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation AN06-009 BACKGROUND: This ordinance is being submitted to set forth the municipal services and zoning conditions the city of Columbus will provide upon annexation of a territory located in PlainTownship. This ordinance is required by the Ohio Revised Code as enacted by the General Assembly of the State of Ohio. Notice of the annexation request was received from Franklin County. The ordinance must be passed before the annexation meeting takes place before the Board of County Commissioners of Franklin County. Information to determine the municipal services that would be available was compiled following the receipt of the notice. This process takes a minimum of two weeks to complete. Preparation of the ordinance and submission to the City Clerk in order to have a timely hearing before City Council requires a minimum additional time of two weeks. All of the above creates the necessity for emergency legislation in order to meet the hearing deadline.

FISCAL IMPACT: The statement of municipal services and zoning conditions for a proposed annexation area has no fiscal impact. However, provision of the stated services does represent cost to the city. The annexation of land also has the potential to create revenue to the city. Title To set forth a statement of municipal services and zoning conditions to be provided to the area contained in a proposed annexation (AN06-009) of 4.8± Acres in Plain Township to the city of Columbus as required by the Ohio Revised Code and to declare an emergency. Body WHEREAS, a petition for the annexation of certain territory in Plain Township was duly filed by North East Community Baptist Church on July 5, 2006; and

WHEREAS, a hearing on said petition is scheduled before the Board of County Commissioners of Franklin; and

WHEREAS, the Ohio Revised Code requires that before said hearing the Municipal Legislative Authority shall adopt a statement indicating what services, if any, the municipal corporation will provide to the territory proposed for annexation upon annexation; and

WHEREAS, the Ohio Revised Code requires that before said meeting the Municipal Legislative Authority to adopt an ordinance stating zoning buffering conditions; and

WHEREAS, properties proposed for annexation are included within the Columbus Comprehensive Plan study area and within the Rocky Fork-Blacklick Accord planning area; and

WHEREAS, upon annexation, properties will have uniform access to City services as they become available; and

WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately

Columbus City Bulletin (Publish Date 07/29/06) 231 of 408 necessary to present this ordinance to the Franklin County Board of Commissioners in accordance with the Ohio Revised Code all for the preservation of the public peace, property, health safety and welfare; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS

Section 1. That the city of Columbus will provide the following municipal services for 4.8± acres in Plain Township upon the annexation of said area to the city of Columbus:

Public Safety: The City of Columbus, Department of Public Safety will be able to provide the appropriate level of safety related services to the proposed annexation area. Such services will include police and fire protection as well as emergency medical service to the subject property.

While the petitioner for annexation may have proposed future development plans for the property in question, the Department of Public Safety requests that the City exercise its discretion in the coming development planning and review process to ensure any future development will be properly served by the Department of Public Safety. Discussions between the City and the present property owner or any future developers regarding post annexation changes in zoning or other changes to the property should include the Department of Public Safety and the Department of Development to ensure any proposed development of the annexation property may be adequately accommodated. Specific details for safety services are dependent upon the parameters of future development that is ultimately approved by the City.

Sanitation: Residential refuse collection services will be available upon annexation of the property.

Transportation: Maintenance will be available for any additional right-of-way that may be included in this annexation request. If this annexation contains existing signalized intersections, those intersections and signals are subject to Transportation Division Policy, which appeared in the December 6, 2003 Columbus City Bulletin, and any subsequent updates thereto.

Water: This site can be served by an existing main located about 350 feet to the west. Service extension will be at the expense of the developer.

Sewer:

Sanitary Sewer:

This area can be served by an existing 30 inch sewer located about 2,800 feet to the southeast. Mainline extension is required at the developer's cost.

Storm Sewer:

All storm sewers necessary for development/redevelopment of the area shall be designed in accordance with design policy and zoning codes in effect at the time of development.

All sanitary and storm sewers required shall be constructed privately by the owners/developers at their own cost and expense with no cost to the city.

Section 2. If this 4.8 acre site is annexed and if the City of Columbus permits uses in the annexed territory that the City of Columbus determines are clearly incompatible with the uses permitted under current county or township zoning regulations in the adjacent land remaining within Plain Township, the Columbus City Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within Plain Township. For the purpose of this section, "buffer" includes open space, landscaping, fences, walls, and other structured elements: streets and street right-of-way; and bicycle and pedestrian paths and sidewalks.

Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the

Columbus City Bulletin (Publish Date 07/29/06) 232 of 408 Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1297-2006

Drafting Date: 07/05/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Columbus Health Department has been awarded an additional grant award and two month extension from the U.S. Department of Health and Human Services. This ordinance is needed to accept and appropriate $125,000 in grant money to fund the Healthy Start grant program.

The Healthy Start grant program enables The Columbus Health Department to conduct care coordination in the project area neighborhoods of South Linden, the Near South, and the Near East, focusing primarily on perinatal and infant clients and their families. The goal of the program is to improve perinatal delivery systems in the project communities.

This additional two month grant award is for the period June 1, 2006 through July 31, 2006.

Emergency action is requested to allow the financial transaction to be posted in the City's accounting system as soon as possible. Up to date financial posting promotes accurate accounting and financial management.

FISCAL IMPACT: This program is entirely funded by the U.S. Department of Health and Human Services and does not generate revenue or require a City match.

Title To authorize and direct The Columbus Health Department to accept a grant from the U.S. Department of Health and Human Services in the amount of $125,000; to authorize the appropriation of $125,000 from the unappropriated balance of the Health Department Grants Fund, and to declare an emergency. ($125,000)

Body WHEREAS, $125,000 in additional grant funds have been made available through the U.S. Department of Health and Human Services; and,

WHEREAS, an emergency exists in the usual daily operation of The Columbus Health Department in that it is immediately necessary to accept this grant from the U.S. Department of Health and Human Services and to appropriate these funds to the Health Department for the Healthy Start grant progroma for the immediate preservation of the public health, peace, property, safety, and welfare; Now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That Columbus Health Department is hereby authorized and directed to accept an additional grant award of $125,000 from the U.S. Department of Health and Human Services for the Healthy Start grant program for the period June 1, 2006, through July 31, 2006.

SECTION 2. That from the monies in the Fund known as the Health Department Grants Fund, Fund No. 251, and from all monies estimated to come into said fund from any and all sources during the twelve months ending December 31, 2006, the sum of $125,000 is hereby appropriated to the Health Department, Division No. 50-01, as follows:

Columbus City Bulletin (Publish Date 07/29/06) 233 of 408 OCA Grant No. Level One Purpose Amount 505017 505017 03 Services-Operation & Maintenance $125,000

Total for Grant No. 505017 $125,000

SECTION 3. That the monies appropriated in the foregoing Section 2 shall be paid upon the order of the Health Commissioner, and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.

SECTION 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1299-2006

Drafting Date: 07/05/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance will authorize the Director of Recreation and Parks to enter into contract with Burgess and Niple Ltd. for professional services related to the Scioto Trail - Hilltop Connector Bridge Project, for the amount of $419,300.00.

Burgess and Niple Ltd. was selected for this project from proposals received from sixteen (16) firms. It was determined that Burgess and Niple Ltd. proposal and experience far exceeded the other firms. Burgess and Niple Ltd. was selected based on experience, availability, and knowledge of project site. Project includes professional bikeway engineering services.

The Contract Compliance Number for Burgess and Niple Ltd. is #31-0885550.

Emergency action is necessary to allow project to begin as soon as possible.

Fiscal Impact: $419,300.00 is required and budgeted in the Voted 1999/2004 Parks and Recreation Bond Fund to meet the financial obligation of this contract.

Title To authorize and direct the Director of Recreation and Parks to enter into contract with Burgess and Niple Ltd. for professional services related to the Scioto Trail - Hilltop Connector Bridge Project, to authorize the expenditure of $419,300.00 from the Voted 1999/2004 Parks and Recreation Bond Fund, and to declare an emergency. ($419,300.00)

Body WHEREAS, proposals were received from sixteen firms for professional services related to the Scioto Trail - Hilltop Connector Bridge Project; and

WHEREAS, the contract will be awarded based on experience, availability, and knowledge of project site; and

Columbus City Bulletin (Publish Date 07/29/06) 234 of 408 WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to enter into said contract to allow project to begin as soon as possible; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to enter into contract with Burgess and Niple Ltd. for professional services related to the Scioto Trail - Hilltop Connector Bridge Project.

Section 2. That the expenditure of $419,300.00, or so much thereof as may be necessary, be and is hereby authorized from the Voted 1999/2004 Recreation and Parks Bond Fund No. 702, Dept. 51-01, as follows, to pay the cost thereof.

Fund Type Project No. Project Title Object Level 3 OCA Code Amount Cap. Proj. 510316 Greenways 6621 644526 $419,300.00

Section 3. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1301-2006

Drafting Date: 07/05/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: The following is a resolution to declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Charleston Avenue Stormwater System Improvements Project.

Fiscal Impact:

N/A

Emergency Justification:

Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay, thus facilitating the commencement of construction necessary to the project.

Title To declare the necessity and intent to appropriate permanent and construction easements in, over,

Columbus City Bulletin (Publish Date 07/29/06) 235 of 408 under and through real estate in connection with the Charleston Avenue Stormwater System Improvements Project, and to declare an emergency.

Body WHEREAS, the City of Columbus is engaged in the Charleston Avenue Stormwater System Improvements Project; and

WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Sewerage and Drainage, in that it is immediately necessary to declare the necessity and intent to appropriate permanent and construction easements in, over, under and through the hereinbefore described real estate necessary for the aforementioned project so that there will be no delay in the project thereby preserving the public health, peace, property, safety, and welfare; now, therefore:

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Charleston Avenue Stormwater System Improvements Project, # 610742, pursuant to the power and authority granted to a municipal corporation by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:

PARCEL 2-P2 Situated in the State of Ohio, Franklin County, City of Columbus, and being a part of Fann Lot 86, Section 3, Township 2 North, Range 18 West, United Military Lands, and Lot No. 12 of Sharon Heights Subdivision Plat Book 10, Page 76, owned by William H. Hader, listed as Parcel VI (6), Parcel VII (7) and Parcel XI (1]) in recorded deed by Instrument Number 200107130160025 in the Franklin County, Ohio Recorder's Office, and bounded and described as follows: Commencing for reference at a point in the existing easterly right of way line of North High Street where the existing northerly right of way line of Sunnyside Lane intersects, said point being the Place of Beginning; thence, North 02° 35' 04" East along the existing easterly right of way line of North High Street a distance of 237.18 feet to an iron pin found, marking the northwest corner of Lot 12 and the southwest corner of Lot 11, said point being the Grantor's north property line and the south property line of Murray and Sylvia E. Ebner as recorded in Deed Book 3415, Page 606, Franklin County, Ohio Recorder's Office; thence, South 86° 44' 33" East along the property line between Murray and Sylvia E. Ebner and William H. Hadler and the lot line between Lots 12 and 11 a distance of 5.00 feet to a point; thence, South 02° 35' 14" West along a proposed permanent easement line a distance of 237.14 feet to a point in the Grantor's south property line and northerly existing right of way line of Sunnyside Lane; thence, North 87° 14' IS" West along the existing northerly right of way line of Sunnyside Lane a distance of 5.00 feet to the Place of Beginning, containing 1186 square feet, more or less. The above description was prepared by Franklin D. Blair, PS, Professional Surveyor No. 5676, on November 11,2005. The basis of bearings for this project was determined from a GPS survey in obtaining State Plane Coordinates (Ohio Coordinate System of 1983 South Zone). The bearings are to be used for angular measurement only as deed recorded plat bearings have a different basis. The area in this description is in Franklin County, Ohio Auditor Parcel Numbers 010.110851-00, 010-110841-00 and 010-110862-00

Section 2. That the City Attorney be and hereby is authorized to cause a written notice of the adoption of this resolution to be served upon the owners, persons in possession of or persons having a real or possible interest of record in the above described premises in the manner provided by law.

Columbus City Bulletin (Publish Date 07/29/06) 236 of 408 Section 3. That for the reasons state in the preamble hereto, which is hereby made a part hereof, this resolution is declared to be an emergency measure and shall take effect and be in force from and after its adoption and approval by the Mayor, or ten days after adoption if the Mayor neither approves nor vetoes the same.

Legislation Number: 1303-2006

Drafting Date: 07/05/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance will authorize the appropriation and transfer of $110,000.00 within the Recreation and Parks Permanent Improvement Fund No. 747, and authorize the Director of Recreation and Parks to enter into a contract with Hopewell Constructors for the Whetstone Park Shelter House Renovations.

Two bids were received by the Recreation and Parks Department on June 30, 2006, for the Whetstone Park Shelter House Renovations, as follows:

Status Amount Hopewell Constructors FBE $101,000 Kel-Par Majority $154,300

Services will include interior renovations, flooring, wall removal, gutters, siding, fascia, and roofing.

A contingency amount of $9,000.00 is being included in this project

Contract Compliance Number for Hopewell Constructors is #31-1472318.

Emergency action is necessary to allow project to begin as soon as possible for immediate needs of the Rose Foundation.

Fiscal Impact: $110,000.00 is budgeted in the Recreation and Parks Permanent Improvement Fund to meet the financial obligation of this project

Title To authorize the appropriation and transfer of $110,000.00 within the Recreation and Parks Permanent Improvement Fund, to enter into contract with Hopewell Constructors for the Whetstone Park Shelter House Renovations, to authorize the expenditure of $110,000.00 from the Recreation and Parks Permanent Improvement Fund, and to declare an emergency. ($110,000.00)

Body WHEREAS, bids were received by the Recreation and Parks Department on June 30, 2006, and the contract for the Whetstone Park Shelter House Renovations will be awarded on the basis of the lowest and best responsive and responsible bidder; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to appropriate and transfer $110,000.00 within the Recreation and Parks Permanent Improvement Fund, and to enter into contract to allow work to begin as soon as possible for the immediate needs of the Rose Foundation.; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Columbus City Bulletin (Publish Date 07/29/06) 237 of 408 SECTION 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to enter into contract with Hopewell Constructors for the Whetstone Park Shelter House Renovations, in accordance with plans and specifications on file in the Recreation and Parks Department.

SECTION 2. That the City Auditor is hereby authorized to appropriate $110,000.00 to the Recreation and Parks Permanent Improvement Fund No. 747, Dept. 51-01, Project No. 747999, OCA Code 900747, and Object Level 3 No. 5501.

SECTION 3. That the City Auditor is hereby authorized to transfer $110,000.00 within the Recreation and Parks Permanent Improvement Fund No. 747, Dept. 51-01, Project No. 747999, OCA Code 900747, and Object Level 3 - 5501 to Facility Improvements, Project No. 510035, OCA Code 640862, and Object Level 3 - 6620.

SECTION 4. That for the purpose of paying for any contingencies which may occur during this project, the amount of $9,000.00 has been included in Section 3, above. This amount will be expended only after approval by the Director of the Recreation and Parks Department, certification by the City Auditor, and approval of the City Attorney.

SECTION 5. That the expenditure of $110,000.00, or so much thereof as may be necessary, be and is hereby authorized from the Recreation and Parks Permanent Improvement Fund No. 747, Dept. 51-01, Facility Improvements, Project No. 510035, Object Level 3 - 6620, and OCA Code 640862, to pay the cost thereof.

SECTION 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1305-2006

Drafting Date: 07/06/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationBackground: This legislation authorizes a modification and increase of a construction contract with McDaniel's Construction Corporation, Incorporated (contract compliance #31-1145406) for the Brick Rehabilitation - 2005 project project in an amount up to $400,000.00. This contract modification will be used to eliminate existing safety hazards at the Mt. Vernon Focal Point as quickly as possible. These issues include crumbling steps and poor drainage, which have caused icing problems in the winter, and lack of proper lighting.

This work is being performed on a plaza area that is more than 30 years old and has not seen any significant maintenance effort since the original construction. This contract was selected for modification because it includes work of a some what similar nature (brick steps, brick planters and brick walls are involved) and the contractor is willing to start work almost immediately. Other items not directly related to safety being performed include an ADA compliant ramp and a new entry sign. Prices are being obtained by negotiations with McDaniel's using existing prices where available and past project prices for new items.

Emergency action is requested for immediate modification of the construction contract so that work already underway can be paid for and the project may be completed as soon as practicable.

The original contract amount was for: $ 1,081,206.61 The total of this Modification is: $ 400,000.00 The contract amount including all modifications is: $ 1,481,206.61

Fiscal Impact: Funds are available in the Development Limited bond fund.

TitleTo authorize the Director of Public Service to modify and increase the contract for the construction of the Brick Rehabilitation - 2005 project with McDaniel's Construction Corporation, Incorporated for the Transportation Division, to authorize the expenditure of $400.000.00 from the Development Limited Bond Fund; and to declare an emergency

Columbus City Bulletin (Publish Date 07/29/06) 238 of 408 ($400,000.00).

BodyWHEREAS: contract no. EL005456 was authorized by ordinance no. 0584-2005, passed June 6, 2005, executed July 29, 2005 and approved by the City Attorney on August 2, 2005; and

WHEREAS: it is necessary to modify this contract to complete safety improvements to Mt. Vernon Plaza; and

WHEREAS: an emergency exists in the usual daily operation of the Department of Public Service, Transportation Division, in that the contract should be modified and increased immediately so that the work may proceed without delay to eliminate existing safety hazards, thereby reducing potential liability and preserving the public health, peace, property, safety and welfare; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Public Service be and is hereby authorized to modify and increase contract no. EL005456, with McDaniels Construction Corporation Inc., by $400,000.00 for additional work in accordance with the terms as shown on the modification on file in the office of the City Engineer, which are hereby approved.

Section 2. That for the purpose of paying the cost thereof, the sum of $400,000.00 or so much thereof as may be needed, is hereby authorized to be expended from the Development Limited Bond Fund no. 742, Dept/Div. 44-01, OCA code 643106, Object Level 6621, and project no. 440018.

Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the mayor, or ten days after passage if the mayor neither approves nor vetoes the same.

Legislation Number: 1306-2006

Drafting Date: 07/06/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation M/I HOMES OF CENTRAL OHIO, LLC, an Ohio limited liability company, by STEPHEN M. CAPLINGER, Vice President Land Operations, has submitted the plat titled UPPER ALBANY WEST, SECTION 3 to the City Engineer's Office for review and approval. This plat has been reviewed and approved by the City Engineer. The following legislation allows the City to accept said plat for property located north of Central College Road and west of Jo-El Acres.

Emergency Justification: Emergency action is requested to allow development of this subdivision to proceed as currently scheduled.

Title To accept the plat titled UPPER ALBANY WEST, SECTION 3, from M/I HOMES OF CENTRAL OHIO, LLC, an Ohio limited liability company, by STEPHEN M. CAPLINGER, Vice President Land Operations; and to declare an emergency. Body WHEREAS, the plat titled UPPER ALBANY WEST, SECTION 3 (hereinafter "plat"), has been submitted to the City Engineer's Office for approval and acceptance; and

WHEREAS, M/I HOMES OF CENTRAL OHIO, LLC, an Ohio limited liability company, by STEPHEN M. CAPLINGER, Vice President Land Operations, owner of the platted land, desires to dedicate to the public use all or such parts of the Avenue, Drives, Lanes, Road and Streets shown on said plat and not heretofore so dedicated; and

Columbus City Bulletin (Publish Date 07/29/06) 239 of 408 WHEREAS, after examination, it has been found to be in the best interest of the City to accept said plat; and

WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to authorize the acceptance of this plat so development of this subdivision can proceed as currently scheduled thereby preserving the public health, peace, property, safety and welfare; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the plat titled UPPER ALBANY WEST, SECTION 3 on file in the office of the City Engineer, Transportation Division, be and the same is hereby accepted.

Section 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1307-2006

Drafting Date: 07/06/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The Board of Health has a need to make funds available to increase a contract with The Council On Healthy Mothers and Babies. The Columbus Health Department has been awarded an additional $125,000 for a two month extension of the Healthy Start grant, ending July 31, 2006. The grant funds awarded provide for an increased contract with The Council On Healthy Mothers and Babies to assist in developing a needs assessment and a to meet those needs as well as to work on community engagement activities.

The additional contract will be in an amount not to exceed $83,302 for a total contract not to exceed $160,440.

Emergency action is required to ensure the continued operation of the Healthy Start Program.

FISCAL IMPACT: This contract is entirely funded by a grant from the U.S. Department of Health and Human Services. The program does not generate revenue or require a City match. The monies are budgeted in the 2006 Health Department Grants Fund.

Title To authorize the Board of Health to modify and increase a contract with the Council On Healthy Mothers And Babies to provide needs assessment and consultation services for the Healthy Start grant program; to authorize the expenditure of $83,302 from the Health Department Grant Funds to pay the cost thereof, and to declare an emergency, (83,302)

Body WHEREAS, additional funding is available from the U.S. Department of Health and Human Services to modify and

Columbus City Bulletin (Publish Date 07/29/06) 240 of 408 increase a contract with the Council On Healthy Mothers And Babies to provide needs assessment and consultation services for the Healthy Start grant program; and,

WHEREAS, an emergency exists in the usual daily operation of the Columbus Health Department in that it is immediately necessary to modify a contract with the Council On Healthy Mothers And Babies to ensure continuation of services for the immediate preservation of the public health, peace, property, safety and welfare; Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Board of Health is hereby authorized and directed to modify and increase a contract with the Council On Healthy Mothers And Babies for needs assessment and consultation services for the Healthy Start grant program for the period ending July 31, 2006.

SECTION 2. That to pay the costs of said contracts, the expenditure of $83,302 is hereby authorized from the Health Department Grants Fund, Fund No. 251, Health Department, Division 50-01, Grant No. 505017, OCA Code 505017, Object Level One 03, Object Level Three 3337.

SECTION 3. That these contract is awarded in accordance with Sections 329.16 of the Columbus City Code.

SECTION 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1308-2006

Drafting Date: 07/06/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance will authorize the appropriation and transfer of $77,862.81 within the Recreation and Parks Permanent Improvement Fund No. 747, and authorize the Director of Recreation and Parks to enter into a contract with Watson-Shonebarger General for the Hayden Falls Boardwalk Installation.

Five bids were received by the Recreation and Parks Department on June 30, 2006, for the Hayden Falls Boardwalk Installation, as follows:

Status Amount Watson-Shonebarger Majority $137,889.81 Pro Con Construction Majority $160,000 McDaniels MBE $179,605.46 Righter Majority $191,900 Downing Majority $198,177

Services will include 150' of boardwalk construction, steel stairway, and and concrete observation decks.

A contingency amount of $8,000.00 is being included in this project

Contract Compliance Number for Watson-Shonebarger General is #31-1429409.

Emergency action is necessary to allow project to begin as soon as possible.

Fiscal Impact: $89,376.31is budgeted in the Recreation and Parks Permanent Improvement Fund;

Columbus City Bulletin (Publish Date 07/29/06) 241 of 408 $43,000.00 is budgeted in the State Grant Funding: Hayden Falls Park Improvements; and, $13,513.50 is budgeted in the Waterworks Enlargement Voted 1991 Bonds Fund to meet the financial obligation of this project.

Title To authorize the appropriation and transfer of $89,376.31 within the Recreation and Parks Permanent Improvement Fund, to enter into contract with Watson-Shonebarger General for the Hayden Falls Boardwalk Installation, to authorize the expenditure of $145,889.81 from various funds, and to declare an emergency. ($145,889.81)

Body WHEREAS, bids were received by the Recreation and Parks Department on June 30, 2006, and the contract for the Hayden Falls Boardwalk Installation will be awarded on the basis of the lowest and best responsive and responsible bidder; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to appropriate and transfer $89,376.31 within the Recreation and Parks Permanent Improvement Fund, and to enter into contract to allow work to begin as soon as possible; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to enter into contract with Watson-Shonebarger General for the Hayden Falls Boardwalk Installation., in accordance with plans and specifications on file in the Recreation and Parks Department.

SECTION 2. That the City Auditor is hereby authorized to appropriate $89,376.31 to the Recreation and Parks Permanent Improvement Fund No. 747, Dept. 51-01, Project No. 747999, OCA Code 900747, and Object Level 3 No. 5501.

SECTION 3. That the City Auditor is hereby authorized to transfer $89,376.31 within the Recreation and Parks Permanent Improvement Fund No. 747, Dept. 51-01, from Project No. 747999, OCA Code 900747, and Object Level 3 - 5501 to Park Improvements, Project No. 510017, OCA Code 640862, and Object Level 3 - 6621.

SECTION 4. That for the purpose of paying for any contingencies which may occur during this project, the amount of $8,000.00 has been included in Section 3, above. This amount will be expended only after approval by the Director of the Recreation and Parks Department, certification by the City Auditor, and approval of the City Attorney.

SECTION 5. That the expenditure of $145,889.81, or so much thereof as may be necessary, be and is hereby authorized, to pay the cost thereof, as follows:

$89,376.31, Recreation and Parks Permanent Improvement Fund: Park and Playgrounds No. 747, Dept. 51-01, Project 510017, OCA Code 640862, and Object Level 3 No. 6621

$43,000.00, State Grant Funding: Hayden Falls Park Improvements, Grant No. 510217, OCA Code 510217, and Object Level 3 No. 6621

$13,513.50, Waterworks Enlargement Voted 1991Bond Fund No. 606, Dept. 60-90, Project No. 690479, Security Enhancements, and OCA Code 606479

SECTION 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Columbus City Bulletin (Publish Date 07/29/06) 242 of 408 Legislation Number: 1311-2006

Drafting Date: 07/06/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation This legislation authorizes the Administrative and Presiding Judge of the Franklin County Municipal Court to accept a grant from the State of Ohio, Department of Rehabilitation and Correction, for enhanced probationary services with two probation officers. These two probation officers supervise individuals with multiple convictions for operating a vehicle under the influence of alcohol or drugs. This legislation also will appropriate $146,205 from the general government grant fund. Grant monies will fund the salaries and benefits of two probation officers as well as training, probationer bus transportation, and various office equipment in the Franklin County Municipal Court from July 1, 2006 through June 30, 2007.

EMERGENCY ACTION is requested in order for this new cycle of funding to be in place as close to July 1, 2006 as possible.

Title To authorize the Administrative and Presiding Judge of the Franklin County Municipal Court to accept a grant award from the State of Ohio, Department of Rehabilitation and Correction, for enhanced probationary services; to appropriate $146,205 from the unappropriated balance of the general government grant fund; and to declare an emergency. ($146,205.00)

Body WHEREAS, it is in the city's best interest that the Franklin County Municipal Court continue to receive support for its enhanced probationary services for offenders with multiple convictions for operating a vehicle under the influence of alcohol or drugs; and

WHEREAS, grant monies from the State of Ohio, Department of Rehabilitation and Correction, in the amount of $146,205 are available to provide for salaries and benefits, as well as training, probationer bus transportation, and various office equipment of the two probation officers; and

WHEREAS, an emergency exists in the usual daily operations of the city in that it is immediately necessary to accept the aforesaid grant for enhanced probationary services, and to appropriate the aforementioned funds to assure that this grant cycle can and will be able to commence as close to July 1, 2006 as possible, thereby preserving the public health, peace, property, safety and welfare; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. To authorize the Administrative and Presiding Judge of the Franklin County Municipal Court to accept a grant award from the State of Ohio, Department of Rehabilitation and Correction, for enhanced probationary services for offenders with multiple convictions for operating a vehicle under the influence of alcohol or drugs.

SECTION 2. That from the unappropriated monies in the general government grant fund, fund 220 and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the twelve months ending June 30, 2007, the sum of $146,205 is appropriated to the Municipal Court Judges, department number 2501, grant number 256002, oca 256002 as follows: $134,619 to object level 1 - 01, object level 3 - 1101; $8,336 to object level 1 - 02, object level 3 - 2201; $1,500 to object level 1 - 03, object level 3 - 3331; $1,750 to object level 1 - 03, object level 3 - 3330.

SECTION 3. That the grant submitted to City Council is hereby approved and accepted in all respects, and, the monies

Columbus City Bulletin (Publish Date 07/29/06) 243 of 408 appropriated in the foregoing Section 1 shall be paid upon order of the Administrative and Presiding Judge; and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.

SECTION 4. That for the reasons stated in the preamble hereto which is hereby made a part hereof, this ordinance in hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1313-2006

Drafting Date: 07/06/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: For the option to establish a UTC contract for Parkson Mechanical Bar Screen Parts for the Division of Sewerage and Drainage, the largest user. The term of the proposed option contract would be two (2) years, expiring September 30, 2008, with the option to renew for one (1) additional year. The Purchasing Office opened formal bids on June 29, 2006.

The Purchasing Office advertised and solicited competitive bids in accordance with Section 329.06 (Solicitation No. SA002049). 40 bids were solicited: (MBE-0, FBE-4, MAJ-36). 3 bids were received: (MAJ-3). The Purchasing Office is recommending award to the lowest, responsive, responsible and best bidder:

Parkson Corporation, MAJ, CC#59-1204973 expiring 7/15/07, $1.00 Total Estimated Annual Expenditure: $50,000.00, Division of Sewerage & Drainage, the largest user.

The company is not debarred according to the Excluded Party Listing System of the Federal Government or prohibited from being awarded a contract according to the Auditor of State Unresolved Findings for Recovery Certified Search. This ordinance is being submitted as an emergency because, without emergency action, no less than 37 days will be added to this procurement cycle and the efficient delivery of valuable public services will be slowed.

FISCAL IMPACT: Funding to establish this option contract is budgeted in the Universal Term Contract Fund. City Agencies will be required to obtain approval to expend from their own appropriations for their estimated annual expenditures. Title To authorize and direct the Finance and Management Director to enter into a contract for the option to purchase Parkson Mechanical Bar Screen Parts, to authorize the expenditure of $1.00 to establish the contract from the Universal Term Contract Fund, and to declare an emergency. ($1.00). Body WHEREAS, the Purchasing Office advertised and solicited formal bids on June 29, 2006 and selected the lowest, responsive, responsible and best bidder; and

WHEREAS, this ordinance addresses Purchasing objective of 1) maximizing the use of City resources by obtaining optimal products/services at low prices and 2) encouraging economic development by improving access to City bid opportunities and 3) providing effective option contracts for City agencies to efficiently maintain their supply chain and service to the public; and

WHEREAS, in order to maintain a supply of Parkson Mechanical Bar Screen Parts used in emergency situations, this is being submitted for consideration as an emergency measure; and

WHEREAS, an emergency exists in the usual daily operation of the Purchasing Office in that it is immediately necessary to enter into a contract for an option to purchase Parkson Mechanical Bar Screen Parts, thereby preserving the public health, peace, property, safety, and welfare; now, therefore,

Columbus City Bulletin (Publish Date 07/29/06) 244 of 408 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Finance and Management Director be and is hereby authorized and directed to enter into the following contract for the option to purchase Parkson Mechanical Bar Screen Parts in accordance with Solicitation No. SA002049 as follows - Parkson Corporation, All Items, Amount: $1.00

SECTION 2. That the expenditure of $1.00 is hereby authorized from Universal Term Contract Fund, Organization Level 1: 45-50, Fund: 05-517, Object Level 3: 2270, OCA: 450020, to pay the cost thereof.

SECTION 3. That for the reason stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1314-2006

Drafting Date: 07/06/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance will enable the Director of Recreation and Parks to accept a grant from and enter into an agreement with the Columbus Foundation for $21,000.00 and to appropriate these monies to the Recreation and Parks Grant Fund to develop the Hayden Falls Boardwalk.

The City of Columbus will construct a boardwalk, viewing platform, and stairs at Hayden Falls Park and has agreed to a target completion date of December 31, 2006.

Emergency action is requested to have funding available for necessary expenditures.

Fiscal Impact: $21,000.00 is budgeted in the Recreation and Parks Grant Fund to meet the financial obligation of this contract.

Title To authorize and direct the Director of Recreation and Parks to accept a grant in the amount of $21,000.00 and enter into an agreement with the Columbus Foundation to develop the Hayden Falls boardwalk, to appropriate these funds to the Recreation and Parks Grant Fund, and to declare an emergency. ($21,000.00)

Body

WHEREAS, the Columbus Foundation has awarded the City of Columbus A a grant for the purpose of development of the Hayden Falls boardwalk; and

WHEREAS, it is necessary to appropriate said funds to the Recreation and Parks Department for expenditures in conjunction with the Hayden Falls boardwalk development; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to accept said grant funds and appropriate said funds to have funding availab le for necessary expenditures; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to accept a grant

Columbus City Bulletin (Publish Date 07/29/06) 245 of 408 in the amount of $21,000.00 from the Columbus Foundation for the development of the Hayden Falls boardwalk.

SECTION 2. That from the unappropriated monies in the Recreation and Parks Grant Fund No. 286, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2006, the sum of $21,000.00 is appropriated to the Recreation and Parks Department, Department No. 51-01, Grant No. 516034, OCA Code 516034, and Object Level 3 No. 6621.

SECTION 3. That the monies in the foregoing Section 2 shall be paid upon order of the Director of Recreation and Parks, and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.

SECTION 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1315-2006

Drafting Date: 07/06/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationThere have been many efforts to coordinate with Neighborhood Pride communities to clean up and restore the conditions within these areas. Lack of a significant curb restoration effort has been identified by neighborhood leaders as a problem. Proper restoration of street curbs and gutters aids in maintaining neighborhood cleanliness and contributes to favorable aesthetics. The Public Service Department, Transportation Division, solicited formal competitive bids for the Neighborhood Pride Curb Restoration Project - 2006 project; these bids were received on June 29, 2006, from five (5) vendors as follows:

Bidder / Bid Amount G and G Cement Contractors / $272,990.00 Columbus Asphalt Paving, Incorporated / $287,938.75 Gaddis and Sons, Incorporated / $339,062.75 Decker Construction Company / $349,067.65 G. Marchi and Son, LLC / $366,155.75

The Division recommends that a contract be established with G and G Cement Contractors, the lowest, best, most responsive and most responsible bidder, in the amount of $272,990.00 that is $226,617.75 under the Engineer's estimate of $499,607.75. This ordinance also authorizes the expenditure of up to $15,000.00 to reimburse the Street Construction, Maintenance and Repair Fund for construction inspection for the project that will be performed by Sidewalk and Permit section personnel.

G and G Cement Contractors' contract compliance number is 31-0924129; this expires October 31, 2006.

Fiscal Impact: Funding for this project is not budgeted per se but has been identified and is available within various projects where it is no longer needed in the 1995, 1999, 2004 Voted Streets and Highways Fund. This ordinance transfers money from these projects to the Curb Replacement project as appropriate and amends the Transportation Division's 2006 Capital Improvements Budget accordingly.

Emergency action is requested to allow the contractor to mobilize as soon as possible to take advantage of this summer construction season. The Notice to Proceed is expected to be issued on or around August 15, 2006.

Columbus City Bulletin (Publish Date 07/29/06) 246 of 408 2006 Capital Improvement Budget; to authorize the Public Service Director to enter into a contract with G and G Cement Contractors for the Neighborhood Pride Curb Restoration Project - 2006 project for the Transportation Division; to authorize the expenditure of $287,990.00 from the 1995, 1999, 2004 Voted Streets and Highways Fund and to declare an emergency. ($287,990.00)

BodyWHEREAS, lack of a significant curb restoration effort has been identified by Neighborhood Pride community leaders as a problem; and

WHEREAS, proper restoration of street curbs and gutters aids in maintaining neighborhood cleanliness and contributes to favorable aesthetics; and.

WHEREAS, formal competitive bids were solicited by the Transportation Division and five (5) bids were received on June 29, 2006, for the Neighborhood Pride Curb Restoration Project - 2006 project; and

WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize that a contract be established for this purpose to allow the contractor to mobilize as soon as possible to take advantage of this summer construction season; thereby preserving the public health, peace, property, safety and welfare; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the City Auditor be and hereby is authorized to transfer $287,990.00 between projects within Fund 704, the 1995, 1999, 2004 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, as follows:

TRANSFER FROM: project number / project / Object Level 01/03 Codes / OCA Code / amount 530208 / Federal-State Match / 06/6631 / 644385 / $27,990.00 540001 / Parking Meters / 06/6651 / 644385 / $100,000.00 540007 / Traffic Signal Installation / 06/6631 / 644385 / $100,000.00 590105 / Pedestrian Safety Improvements / 06/6651 / $60,000.00

Total Transfer From: $287,990.00

TRANSFER TO: project number / project / Object Level 01/03 Codes / OCA Code / amount 530210 / Curb Replacement / 06/6631 / 644385 / $287,990.00

Total Transfer To: $287,990.00

SECTION 2. That the 2006 Capital Improvements Budget established within Ordinance 1108-2006 be and hereby is amended as follows:

Public Service / Transportation 59-09 project / current CIB amount / amendment amount / CIB amount as amended Federal/State Match / $11,950,558 / ($27,990) / $11,922,568 Parking Meters / $250,000 / ($100,000) / $150,000 Traffic Signal Installation / $1,244,257 / ($100,000) / $1,144,257 Pedestrian Safety Improvements / $6,939,856 / ($60,000) / $6,879,856 Curb Replacement (City-Wide) / $100,000 / $287,990 / $387,990

SECTION 3. That the Public Service Director be and hereby is authorized to enter into a contract in the amount of $272,990.00 with G and G Cement Contractors, 2849 Switzer Road, Columbus, Ohio 43219 for the Neighborhood Pride

Columbus City Bulletin (Publish Date 07/29/06) 247 of 408 Curb Restoration Project - 2006 project the Transportation Division.

SECTION 4. That for the purpose of paying for said contract and construction inspection expense of $15,000.00, the sum of $287,990.00 or so much thereof as may be needed be and hereby is authorized to be expended from Fund 704, the 1995, 1999, 2004 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385 and Project 530210.

SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1316-2006

Drafting Date: 07/07/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance will enable the Director of Recreation and Parks to accept a grant from the Children's Hunger Alliance in the amount of $2,500.00 and to appropriate these monies to the Recreation and Parks Private Grant Fund.

These funds will provide funding for advertisements in area newspapers, on area radio and television stations, and printed materials to be distributed to the community for the promotion of the Summer Food Program.

Emergency action is requested to have funding available for necessary expenditures.

Fiscal Impact: The fiscal impact of this ordinance will be to reduce the Recreation and ParksPrivate Grant Fund's unappropriated balance by $2,500.00.

Title To authorize and direct the Director of Recreation and Parks to accept a grant in the amount of $2,500.00 from the Children's Hunger Alliance in the amount of for advertisement of the Summer Food Program, to appropriate these funds to the Recreation and Parks Private Grant Fund, and to declare an emergency. ($2,500.00)

Body WHEREAS, the Children's Hunger Alliance has awarded the City of Columbus, Recreation and Parks Department, a grant in the amount of $2,500.00 for advertisement for the 2006 Summer Food Service Program; and

WHEREAS, it is necessary to appropriate said funds to the Recreation and Parks Department for expenditures; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to accept said grant funds and appropriate said funds to have funding available for necessary expenditure; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to accept a grant in the amount of $2,500.00 from the Children's Hunger Alliance for advertisement for the 2006 Summer Food Program.

SECTION 2. That from the unappropriated monies in the Recreation and Parks Private Grant Fund No. 291, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during

Columbus City Bulletin (Publish Date 07/29/06) 248 of 408 the fiscal year ending December 31, 2006, the sum of $2,500.00 is appropriated to the Recreation and Parks Department, Department No. 51-01, Grant No. 516033, OCA Code 516035, and Object Level 3 No. 3353.

SECTION 3. That the monies in the foregoing Section 2 shall be paid upon order of the Director of Recreation and Parks, and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.

SECTION 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1317-2006

Drafting Date: 07/07/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation This legislation authorizes the Director of Public Utilities to extend an agreement with the State of Ohio, Department of Transportatin (ODOT) for electrical energy and maintenance services for the lighting of interstate highways and highway signs. The agreement was originally entered into in 2002 and has been extended yearly since then.

The existing agreement between the City of Columbus, Division of Power and Water and ODOT which expired June 30, 2006, provides for electrical service for lighting of interstate highways and highway signs and maitenance of highway lighting. The requested extension will cover the period from July 1, 2006 through June 30, 2007.

Emergency action is requested in order to ensure that the agreement is executed at the earliest date possible to insure uninterrupted receipt of revenue for the service provided.

Title To authorize the Director of Public Utilities to enter into a planned modification of an existing contract with the State of Ohio, Department of Transportation for the Division of Power and Water to provide electrical energy and maintenance services for lighting of interstate and highway signs, and to declare an emergency.

Body WHEREAS, the City of Columbus, Division of Power and Water, sells electricity to commercial and residential customers and has an electrical distribution system, and

WHEREAS, the State of Ohio, Department of Transportation, requires electrical energy and maintenance services for lighting of interstate highways and highway signs, and

WHEREAS, an existing agreement between the City of Columbus, Department of Public Utilities, and the State of Ohio, Department of Transportation, to provide electrical services for the lighting of interstate highways and highway signs expired June 30, 2006, and

WHEREAS, the City of Columbus, Department of Public Utilities, and the State of Ohio, Depatment of Transportation, wish to extend the agreement to provide said electrical energy and maintenance services for said lighting, and

WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Power and Water, in that it is immediately necessary to enter into a planned modification of an existing agreement with the State of Ohio Department of Transportation, for the immediate preservation of the public health, peace, property, safety and welfare, now, therefore;

Columbus City Bulletin (Publish Date 07/29/06) 249 of 408 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Public Utilities is hereby authorized to enter into a planned modification of an existing agreement with the State of Ohio, Department of Transportation to provide electrical energy and maintenance services for the lighting of interstate highways and highway signs.

Section 2. That for the reasons stated in the preamble hereto, which is hereby made part hereof, this ordinance is delcared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1318-2006

Drafting Date: 07/07/2006 Current Status: Passed

Version: 2 Matter Type: Ordinance

ExplanationThe City is engaged in efforts to improve the East Broad Street corridor to enhance the business climate and promote safe and expeditious traffic flow. Previous legislative initiatives include Ordinance 1159-2005 passed by Council July 11, 2005 that established the East Broad Street tax incremental financing (TIF) district; Ordinance 0629-2006 passed April 24, 2006 that authorized construction of an extension of Broughton Avenue and Ordinance 0838-2006 passed June 5, 2006 that granted consent, proposed cooperation and authorized the Public Service Director to enter into agreements with Empire Ventures/6200 E. Broad Street, LLC ("Continental") for its design and construction of improvements.

This legislation authorizes the Public Service Director to enter into a $446,050.00 Reimbursement Agreement with Empire Ventures/6200 E. Broad Street, LLC ("Continental") for the design of improvements along the East Broad Street corridor. The projects are designated in Exhibit D in the Tax Increment Financing Agreement for the East Broad Street. Preliminary engineering will be provided for the East Broad Street Median Project from I-270 to Reynoldsburg-New Albany Road. Services are detailed in the Consultants letter dated June 23, 2006. The formal competitive bidding requirements of Chapter 329 of the City Code are being waived for the procurement of preliminary engineering services pursuant to this Reimbursement Agreement.

Fiscal Impact: Funds are on deposit in the East Broad Street Growth Area Fund, Fund 774.

Emergency action is requested so that this project can proceed in a timely manner and keep commitments made to the local community.

TitleTo authorize the Public Service Director to enter into a Reimbursement Agreement with Empire Ventures/6200 E. Broad Street, LLC ('Continental') for the preliminary engineering of the East Broad Street Median Project from I-270 to Reynoldsburg-New Albany Road; to waive the competitive bidding requirements of the Columbus City Code, 1959, and to authorize the appropriation and expenditure of $446,050.00 from the East Broad Street Growth Area Fund. ($446,050.00)

BodyWHEREAS, the need exists to enter into a Reimbursement Agreement for the design of the East Broad Street Median Project from I-270 to Reynoldsburg-New Albany Road; and

WHEREAS, it is in the best interest of the city to waive the formal competitive bidding requirements of the City Code, 1959, and that this agreement be awarded in accordance with Section 186 of the City Charter; now, therefore and

WHEREAS, an emergency exists in the usual daily operation of the Public Service Department in that it is immediately necessary to provide consent for this project so that it can proceed according to established timelines and keep

Columbus City Bulletin (Publish Date 07/29/06) 250 of 408 commitments made to the local community, thereby preserving the public health, peace, property, safety and welfare; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Public Service Director be and hereby is authorized to enter into a Reimbursement Agreement Empire Ventures/6200 E. Broad Street, LLC ("Continental") for design of the East Broad Street Median Project from I-270 to Reynoldsburg-New Albany Road for the Transportation Division in the amount of $446,050.00 pursuant to Section 186 of the City Charter.

SECTION 2. That in accordance with Section 329.27 of the Columbus City Code, City Council has determined that it is in the best interest of the City of Columbus that the formal competitive bidding requirements of Chapter 329 be waived for the procurement of design services pursuant to this Reimbursement Agreement and hereby waives said Section.

SECTION 3. That the appropriation and expenditure of $446,050.00 or so much thereof as may be necessary be and hereby is authorized from Fund 774, the East Broad Street Growth Area Fund, department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631 as follows:

OCA Code / project / amount 774001 / 774001 / $122,000.00 774004 / 774004 / $50,000.00 774005 / 774005 / $274,050.00

SECTION 4. That for the reasons stated in the preamble hereto which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1321-2006

Drafting Date: 07/07/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation This is consent legislation with the State of Ohio, Department of Transportation (ODOT) for a Streetscape enhancement project on US 62D (West Town Street) from approximately Civic Center Drive to South High Street. The purpose of this project is to provide pedestrian-friendly streetscape improvements by creating plaza/park areas and providing parking areas. Work will include constructing new pavement, curbs, street lights, signals with mast arms and minor drainage improvements. (FRA-US62D-1.43 PID 79043)

Construction and Construction Engineering will be funded by ODOT up to a maximum amount of $3,000,000.00. The estimated Construction cost of this project is $3,061,990.00. The amount in excess of the ODOT funding will be provided by the Columbus Downtown Development Corporation.

Emergency action is requested in order for ODOT to proceed with the project schedule in 2006.

Since this project lies within the City of Columbus, this consent ordinance is necessary.

Columbus City Bulletin (Publish Date 07/29/06) 251 of 408 Fiscal Impact: The estimated cost of this project is $3,061,990.00. ODOT will fund Construction and Construction Engineering up to $3,000,000.00. The amount in excess of the ODOT funding, now estimated to be $61,990.00, will be funded by the Columbus Downtown Development Corporation. This legislation also authorizes the Director of Public Service to enter into the necessary agreements to complete this project. Title To authorize the Public Service Director to enter into an agreement with the Director of the Ohio Department of Transportation, and to grant consent and propose cooperation with the State of Ohio for the US 62D (West Town Street) Streetscape Improvement Project for the Transportation Division; and to declare an emergency. ($0)

Body The following is an Ordinance enacted by the City of Columbus, Franklin County, Ohio, hereinafter referred to as the Local Public Agency (LPA), in the matter of the stated described project.

WHEREAS, the City has identified the need for the described project:

This project proposes to reconstruct Town Street and narrow the existing pavement width. The purpose of the project is to provide pedestrian-friendly streetscape improvements by creating plaza/park areas and provide parking areas. Work will include constructing new pavement, curbs, street lights, signals with mast arms and minor drainage improvements. Project limits extend on US 62D (West Town Street) from approximately Civic Center Drive to South High Street; and

WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to grant consent, propose cooperation and enter agreements as necessary with ODOT in order for ODOT to proceed with the project schedule in 2006, thereby preserving the public health, peace, property, safety and welfare; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1 - Consent Statement

Being in the public interest, the LPA gives consent to the Director of Transportation to complete the above-described project.

SECTION 2 - Cooperation Statement

The LPA shall cooperate with the Director of Transportation in the above-described project as follows:

The City hereby agrees to cooperate with the Director of Transportation of the State of Ohio in the planning, design and construction of the identified highway improvement project and grants consent to the Ohio Department of Transportation for its development and construction of the project in accordance with plans, specifications and estimates as approved by the Director.

The City agrees to assume and bear one hundred percent (100%) of the total cost of Preliminary Engineering and Right of Way (if applicable). Further, the City agrees to assume and bear one hundred percent (100%) of the total cost of Construction less the amount of federal funds set aside by the Director of Transportation and the Federal Highway Administration.

The City agrees to assume and bear one hundred percent (100%) of the total cost of those features requested by the City which are not necessary for the improvement as determined by the State and Federal Highway Administration.

In the event that the City requests certain features or appurtenances be included within the transportation improvement project's design and construction, and which features and appurtenances are determined by the State and the Federal Highway Administration to be not necessary for the transportation improvement project, the City shall, prior to the project being advertised for construction contract bidding purposes, provide appropriate documentation that its Council has

Columbus City Bulletin (Publish Date 07/29/06) 252 of 408 appropriated, and its Auditor has certified as being available for such specific purposes, funds sufficient in amount to cover one hundred percent of the costs of incorporating such additional features or appurtenances within the project, including preliminary engineering, final design, right-of-way, construction and construction engineering expenses as may be directly related thereto.

SECTION 3 - Utilities and Right-of-Way Statement

The LPA grants permission to the Director of the Ohio Department of Transportation to acquire in the name of the LPA all necessary right-of-way required for the described project. The LPA agrees to be responsible for all utility accommodation, relocation, and reimbursement and agrees that all such accommodations, relocations, and reimbursements shall comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual.

SECTION 4 - Maintenance

Upon completion of the described project, and unless otherwise agreed, the LPA shall: (1) provide adequate maintenance for the project in accordance with all applicable state and federal law, including, but not limited to, Title 23, U.S.C., Section 116; (2) provide ample financial resources, as necessary, for the maintenance of the described project; (3) maintain the right-of-way, keeping it free of obstructions, and (4) hold said right-of-way inviolate for public highway purposes.

SECTION 5 - Consultants and Authority to Sign

The Public Service Director of said City is hereby empowered on behalf of the City of Columbus to enter into contracts with ODOT prequalified consultants for the preliminary engineering phase of the project and to enter into contracts with the Director of Transportation necessary to complete the above-described project. Upon the request of ODOT, the Director of Public Service is also empowered to assign all rights, title, and interests of the City of Columbus to ODOT arising from any agreements with its consultant in order to allow ODOT to direct additional or corrective work, recover damages due to errors or omissions, and to exercise all other contractual rights and remedies afforded by law or equity.

The LPA agrees that if Federal Funds are used to pay the cost of any consultant contract, the LPA shall comply with 23 CFR 172 in the selection of its consultant and the administration of the consultant contract. Further, the LPA agrees to incorporate ODOT's "Specifications for Consulting Services" as a contract document in all of its consultant contracts. The LPA agrees to require, as a scope of services clause, that all plans prepared by the consultant must conform to ODOT's current design standards and that the consultant shall be responsible for ongoing consultant involvement during the construction phase of the project. The LPA agrees to include a completion schedule acceptable to ODOT and to assist ODOT in rating the consultant's performance through ODOT's Consultant Evaluation System.

SECTION 6 - That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten day after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1322-2006

Drafting Date: 07/07/2006 Current Status: Passed

Version: 3 Matter Type: Ordinance

Explanation Council Variance Application: CV06-012

APPLICANT: Diane Spiezio; c/o Jeffrey L. Brown, Atty.; Smith & Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.

Columbus City Bulletin (Publish Date 07/29/06) 253 of 408 PROPOSED USE: Montessori school and child day care center.

CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant seeks a Council Variance to convert and expand a former church into a daycare center and Montessori school. While day care is only allowed as an accessory use to a church or school in residential districts, daycare uses are permitted as a principal use in the I, Institutional and C-2, Commercial Districts. A single-family dwelling will also remain on the site. The site is within the planning area of the Rocky Fork Blacklick Accord (2004), which recommends Village Residential for the site. Staff supports deviation from the plan for several reasons. First, the Rural Zoning will be left intact which is more appropriate than a Institutional Zoning District at this site. Second, the requested use is only prohibited because it is not associated with a church. Finally, the applicants have met with the Rocky Fork / Blacklick Accord Panel and have agreed to meet their conditions which will ensure compatibility with the surrounding land uses.

Title To grant a Variance from the provisions of Section 3332.02, R, Rural district, of the Columbus City Codes for the property located at 6436 HARLEM ROAD (43054), to permit a daycare / Montessori school in the R, Rural District and to declare an emergency. (Council Variance # CV06-012)

Body WHEREAS, by application #CV06-012, the owner of property at 6436 HARLEM ROAD (43054), is requesting a Variance to permit a daycare / Montessori School in the R, Rural District; and

WHEREAS, Section 3332.02, R, Rural District, prohibits daycares and schools not associated with a church and where attendance is not required by State Law in the R, Rural District while the applicant proposes to establish a daycare as a principal use; and

WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and

WHEREAS, City Departments recommend approval because the applicant seeks a Council Variance to convert and expand a former church into a daycare center and Montessori school. While day care is only allowed as an accessory use to a church or school in residential districts, daycare uses are permitted as a principal use in the I, Institutional and C-2, Commercial Districts. A single-family dwelling will also remain on the site. The site is within the planning area of the Rocky Fork Blacklick Accord (2004), which recommends Village Residential for the site. Staff supports deviation from the plan for several reasons. First, the Rural Zoning will be left intact which is more appropriate than a Institutional Zoning District at this site. Second, requested use is only prohibited because it is not associated with a church. Finally, the applicants have met with the Rocky Fork / Blacklick Accord Panel and have agreed to meet their conditions which will ensure compatibility with the surrounding land uses; and

WHEREAS, the requested Council variance is consistent with the June 15, 2006 recommendation of the Rocky Fork Blacklick Accord Implementation Panel; and

WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and

WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and

WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values

Columbus City Bulletin (Publish Date 07/29/06) 254 of 408 within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and

WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 6436 HARLEM ROAD (43054), in using said property as desired; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That a variance from the provisions of Section 3332.02, R, Rural District of the Columbus City Codes is hereby granted for the property located at 6436 HARLEM ROAD (43054), insofar as said sections prohibit a daycare / Montesorri school in the R, Rural District; said property being more particularly described as follows:

6436 HARLEM ROAD (43054), being 5.0± acres located on the east side of Harlem Road. 1300± feet south of Central College Road, and being more particularly described as follows:

Situated in the State of Ohio, County of Franklin, and in the City of Columbus:

Being in Range 18, Quarter Township 2, U.S.M Lands in the City of Columbus, Franklin County, Ohio, and bounded and described as follows:

Beginning at a railroad spike in the centerline of the Delaware State Road (Harlem Road) and at the southwest corner of the Jesse Folk 4-acre tract; thence South along the centerline of said road, 374.24 feet to the Place of Beginning; thence along a line parallel to the south line of the Folk tract and that line extended, East, 1180.42 feet to an iron pipe in the wet line of the Gilbert James Heirs tract; thence along the west line of said tract, South 9°35' East, 187.12 feet to an iron pipe; thence West, 1180.43 feet to a railroad spike in the centerline of the Delaware State Road (Harlem Road); thence along the centerline of said road, North 8°35' West, 187.12 feet to the Place of Beginning, containing 5 acres, more or less.

SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for daycare / Montesorri School, or those uses permitted in the R, Rural District.

SECTION 3. That this ordinance is further conditioned upon the site being developed in accordance with the site plan titled "TODAYS CHILD MONTESSORI PRELIMINARY SITE PLAN," signed by Jeffrey L. Brown, Attorney for the applicant, dated July 20, 2006 June 30, 2006. The site plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the site plan shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.

SECTION 4. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.

SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.

Columbus City Bulletin (Publish Date 07/29/06) 255 of 408 Legislation Number: 1323-2006

Drafting Date: 07/07/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationBACKGROUND: In 2001, the City of Columbus, in an effort to improve the efficiency and speed with which development plans are reviewed, entered into a Memorandum of Understanding with the development community and created the Columbus One-Stop Shop. To continue that effort, further consolidation of all review functions is currently underway, thereby improving efficiencies in the review and approval of plans and construction documents.

This legislation requests approval to modify an existing contract (EL001714), from the original vendor Accela, Inc., to support improvements; to enhance and update the existing computer system (consisting of hardware and software) and related services used to track all activities of various City departments, divisions, and agencies, with responsibility for various portions of this review. The decision to modify the existing system was made after an extensive review and on-site demonstrations of various system, software packages, configurations, and other related services. This modification allows, but is not limited to: updates of the operating system (for compatibility with the current software); increased tracking across all sections that have construction document review responsibilities; expanded mapping capabilities; the addition of a stronger more robust operating framework; and expands the public's access to status reports and future on-line permitting without compromising the integrity of the data currently in the system. This is the sixth modification to this contract, the cost of which was determined through negotiations and a researched cost analysis quote.

Passage of this ordinance will authorize the City Auditor to transfer and subsequently appropriate $2,360,000.00 from the Special Income Tax Fund (SIT) to the Information Services Bond Fund. These funds are being used in the interim until the next bond sale. It also authorizes the Director of the Department of Technology, on behalf of the Divisions of Building Services and Neighborhood Services, to modify a contract with Accela, in accordance with the terms and conditions established in the original agreement. Accela, Inc. is the owner of the programming code embedded within the software awarded in the original contract.

FISCAL IMPACT: The amount of $176,010.00 was expended in fiscal year 2004 for services provided by Accela, Inc. During the fiscal year 2005, $172,062.00 was expended for on-going maintenance and support services. Earlier this year, ordinance #0917-2006 passed in the amount of $200,739.00, for the annual renewal of maintenance and support services. However, the aggregate contract total, including this modification, through the Department of Technology is $3,590,838.50. Funding for this ordinance, in the amount of $2,360,000.00 will be made available through certifying funds against the special income tax fund. These funds are being used in the interim until the next bond sale, following which, the Special Income Tax Fund will be reimbursed.

EMERGENCY: There is an immediate need to modify an existing contract with Accela, Inc. to continue daily operational needs, such as support; migration; and enhancements (hardware and software) of a computer system, according to timelines and deadlines negotiated.

CONTRACT COMPLIANCE: 94-2767678 Expiration: 12/01/2006

Title To authorize and direct the City Auditor to transfer $2,360,000.00 from the Special Income Tax Fund to the Information Services Bond Fund; to authorize the subsequent appropriation of said funds to the Information Services Bond Fund; to authorize the Director of the Department of Technology to modify and extend a contract with Accela, Inc., on behalf of the Divisions of Building Services and Neighborhood Services, to fund the upgrade, enhancement and update the computer system used by Columbus' One-Stop-Shop and related services; to authorize the expenditure of $2,360,000.00 from the Information Services Bond Fund; and to declare an emergency.

Body

Columbus City Bulletin (Publish Date 07/29/06) 256 of 408 WHEREAS, the parties executed Contract Number EL001714 under authority of ordinance 1754-01, approved by Columbus City Council on Monday, October 22, 2001; and WHEREAS, the City, via the Department of Technology, has traditionally contracted with the Accela, Inc. for maintenance and support services of the One-Stop-Shop computer system due to the proprietary nature of the system; and WHEREAS, this modification will further improve, enhance, and update to the existing computer hardware and software, used to track certain activities of various City departments, divisions and agencies; and

WHEREAS, there are multiple benefits associated with this modification, including, but not limited to updates of the operating system (for compatibility with the current software); increased tracking across all sections that have construction document review responsibilities; expanded mapping capabilities; the addition of a stronger more robust operating framework; and expanded public access to status reports and future on-line permitting.

WHEREAS, Agreement (EL001714), by and between the City and the Contractor must be modified, to provide updates, enhancements, and migration services from the suite of Accela Enterprise system modules currently utilized by the City, to the web-based Accela Automation, and;

WHEREAS, the decision to go with a modification of the existing software from the existing vendor came after an extensive review and on-site demonstration of various software packages and configurations; and

WHEREAS, the modification of this contract between Accela, Inc. and the City of Columbus, shall not exceed the amount of $2,360,000.00, made available by the transfer of funds from the Special Income Tax Fund to the Information Services Bond Fund; and

WHEREAS, the City will sell notes or bonds to fund this project and will reimburse the Special Income Tax Fund; and

WHEREAS, this transfer should be considered a temporary funding method; and

WHEREAS, the aggregate principal amount of obligations which the City will issue to finance the purchase authorized herein will not exceed $2,360,000; and

WHEREAS, an emergency exists in the usual daily operation of the Department of Technology, in that it is immediately necessary to authorize the Director of the Department of Technology to modify and extend the contract with Accela, Inc., to upgrade, update, enhance, and migrate the One-Stop-Shop computer system, thereby preserving the public health, peace, safety, and welfare; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1: That the sum of $2,360,000.00 be and is hereby appropriated from the unappropriated balance of the Special Income Tax Fund, Fund 430, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2006 to the City Auditor, Department 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.

SECTION 2: That the City Auditor is hereby authorized to transfer said funds to the Information Services Bond Fund at such time as is deemed necessary by the City Auditor, and to expend said funds, or so much thereof as may be necessary.

SECTION 3: That the amount of $2,360,000.00 is hereby transferred and appropriated to the Information Services Division 47-02, Information Services Bond Fund, Fund 514, Subfund 002, Accela Upgrade Replacement Project, Project No. 470042, OCA Code 470042, Object Level Three Code 6649

SECTION 4: That upon obtaining other funds for this Project, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred under Section 2, above, and said funds are hereby deemed appropriated for such purpose.

Columbus City Bulletin (Publish Date 07/29/06) 257 of 408 SECTION 5: That the City Auditor is authorized to establish proper accounting project numbers, and to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of funds transferred in Section 2, above.

SECTION 6: The City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.

SECTION 7: That the Director of the Department of Technology, on behalf of Building Services Division and Neighborhood Services Division, be and is hereby authorized to modify and extend a contract associated with purchase order EL001714 for the software and support maintenance services provided by Accela, Inc.

SECTION 8: That the expenditure of $2,360,000.00 or so much thereof as may be necessary is hereby authorized to be expended from:

Div.:47-02|Fund:514|Subfund:002|Project Number:470042|OCA Code:470042| Obj. Level 1:06|Obj. Level 3: 6649|Amount: $2,360,000.00

SECTION 9: That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1325-2006

Drafting Date: 07/07/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The need exists to enter into a Jobs Creation Tax Credit Agreement with Optimum Technology, Inc. The Ohio Tax Credit Legislation (Section 718.15 of the Ohio Revised Code) authorizing such agreements became effective January 14, 1993 and requires the City to enter a Council-approved agreement between the City and a participating company.

Optimum Technology, Inc. (Optimum Technology) is a technology company that provides consulting, software development and technology integration services to state and local government agencies. The company was founded in 1984 and is headquartered in Columbus, Ohio, at 100 East Campus View Blvd. Optimum Technology's government integration services help state and local agencies get the most value out of their current technologies while building a framework for new and enhanced data sharing programs.

The project will result in an investment of $150,000 in new personal property, the retention of 38 full-time permanent employees with an annual payroll of $2.5 million and the creation of 60 full-time permanent jobs with an annual payroll of $3.9 million.

The Department of Development recommends a 65%/8 year Jobs Creation Tax Credit.

Columbus City Bulletin (Publish Date 07/29/06) 258 of 408 This legislation is presented as an emergency in order to allow Optimum Technology to make a decision on the location of their proposed expansion as quickly as possible.

FISCAL IMPACT: No funding is required for this legislation.

Title To authorize the Director of the Department of Development to enter into an agreement with Optimum Technology, Inc. for a Jobs Creation Tax Credit of 65% for a period of 8 years in consideration of the company's investment of $150,000 in new personal property, the creation of 60 permanent full-time jobs and the retention of 38 permanent full-time positions; and to declare an emergency.

Body WHEREAS, pursuant to Section 122.17 of the Ohio Revised Code, the State of Ohio is authorized to establish the Tax Credit Authority and to execute agreements with taxpayers of the State of Ohio for the purpose of granting these taxpayers job creation tax credits against their corporate franchise tax or income tax, which tax credits are provided to create new jobs in the State of Ohio; and

WHEREAS, the granting of the tax credit by the City is contingent upon the granting of a Jobs Creation Tax Credit by the Ohio Department of Development to Optimum Technology, Inc; and

WHEREAS, pursuant to Section 718.15 of the Ohio Revised Code (the "City Act") a municipal corporation is authorized to grant local income tax credits to taxpayers who have received tax credits from the State; and

WHEREAS, contingent on the City granting a Jobs Creation Tax Credit, Optimum Technology, Inc. will expand in Columbus, retaining 38 full-time permanent employees with an annual payroll of $2.5 million, creating 60 full-time permanent jobs with an annual payroll of $3.9 million, investing $150,000 in computers and software, increasing job opportunities and strengthening the economy of the city; and

WHEREAS, receiving these tax credits from the State and the City is a critical factor in Optimum Technology, Inc.'s decision to go forward with the project in the City of Columbus; and

WHEREAS, an emergency exists in the usual daily operation of the Columbus Department of Development in that it is immediately necessary to enter into an agreement with Optimum Technology, Inc. for the preservation of public health, peace, property and safety; NOW THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the City hereby finds and determines that the project will (1) create jobs in the State and City; (2) the project is economically sound and will benefit the people of the State and City by increasing opportunities for employment and strengthening the economy of the State and City; and (3) receiving the aforementioned tax credits is a critical factor in the decision by Optimum Technology, Inc. to go forward with the project.

Section 2. That the City Council hereby finds and determines that the project meets all the requirements of the City Act.

Section 3. That the Director of the Department of Development is hereby authorized and directed to enter into and execute an 8-year, 65% Jobs Creation Tax Credit Agreement with Optimum Technology, Inc.

Columbus City Bulletin (Publish Date 07/29/06) 259 of 408 Section 4. That the City of Columbus Jobs Creation Tax Credit Agreement is signed by Optimum Technology, Inc. within 90 days of passage of this ordinance, or the credit, authorized herein is null and void.

Section 5. That for reasons stated in the preamble hereto, which is hereby made a part hereof, the ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after the passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1326-2006

Drafting Date: 07/07/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Bill Moose Run Sanitary Sewer Improvement.

Fiscal Impact: N/A

Emergency Justification: N/A

Title To authorize the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Bill Moose Run Sanitary Sewer Improvement and to declare an emergency.

Body WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Bill Moose Run Sanitary Sewer Improvement; and

WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0017X-2006, on the 27th day of February 2006, declaring the necessity and intent to appropriate the real property interests hereinafter described and the purpose of the appropriation, and notice of such adoption of said resolution has been served in accordance with Columbus City Code Sec. 909.03; and,

WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Sewerage and Drainage, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, and for the immediate preservation of the public peace, property, health and safety; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That fee simple title and lesser interests in and to the parcels listed in Section 4 hereof, as are fully described in Resolution No. 0017X-2006, adopted 27th day of February, 2006, said descriptions being incorporated herein, be appropriated for the public purpose of the Bill Moose Run Sanitary Sewer Improvement, #650672, pursuant

Columbus City Bulletin (Publish Date 07/29/06) 260 of 408 to the power and authority granted to the City of Columbus by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:

Section 2. That the Council of the City of Columbus, Ohio, declares that the appropriation of said real property interests is necessary for the stated public purpose, and that the City of Columbus, Ohio, has been unable to agree with the owner(s) as to the just compensation to be paid by the City of Columbus, Ohio.

Section 3. That the Council of the City of Columbus, Ohio, hereby declares the value of the subject real property interests to be as follows:

1. 1AP $200.00 2. 1BP $200.00 3. 1CP $200.00 4. 2AP $21,250.00 5. 2BP $6,400.00 6. 3AP $1,000.00 7. 3CP $1,100.00 8. 4PS, 4P1, 4P2 $22,600.00

Section 4. That the City Attorney be and hereby is authorized to file a complaint for appropriation of real property, in a Court of competent jurisdiction, and to have a jury impaneled to make inquiry into and assess the just compensation to be paid for the foregoing described real property interests.

Section 5. That for the reasons state in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1327-2006

Drafting Date: 07/07/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationBackground: This legislation authorizes the Public Service Director to enter into a contract for the Transportation Division for a professional services engineering contract for the Linden Area Traffic Managment Plan with DLZ Ohio, Inc. in the amount of $500,000.00. The consultant will be commissioned to provide the Transportation Division construction plans in a timely manner. The work consists of traffic calming features described in a master plan prepared by MORPC for the City of Columbus in May 2005. The consultant will be required to provide design of a collection of features for the first phase of implementation described in the master plan, with additional phases following up under separately contracted design contracts over the next several years. The plans to be provided will be mostly aimed at providing projects requiring very little right-of-way acquisition and utility relocation. In addition, the consultant will likely be requested to plan, prepare for, participate in, and summarize public meetings with the residents and/or local organizations to review detailed implementation elements. This would likely include a format of communication beyond standard engineering plans so that the purpose can be understood by the neighborhoods. A professional services contract for engineering is needed to assure timely completion of the design and as the Transportation Division does not maintain adequate staff or all of the various disciplines necessary to complete such design in house.

The selection process for the professional service contract has been done in accordance with provisions of Chapter 329.12 and 329.14 of Columbus City Codes 1959. Four firms submitted proposals: EMH&T, Columbus Engineering Consultants,

Columbus City Bulletin (Publish Date 07/29/06) 261 of 408 DLZ Ohio, Inc., Star Consultants, Inc.

The evaluation committee determined that DLZ Ohio, Inc., CC #31-1268980 (expires 5/2/08), submitted the best overall proposal for this work.

Emergency action is requested so that this project can proceed in a timely manner and keep commitments made to the local community.

Fiscal Impact: Funds for this project are budgeted and available within the 1995, 1999, 2004 Voted Street and Highway Funds for the Transportation Division.

TitleTo authorize the Director of Public Service to enter into a professional service contract with DLZ Ohio, Inc. for engineering services for the Linden Area Traffic Management Plan project and to authorize the expenditure of $500,000.00 from the 1995, 1999, 2004 Voted Street and Highway Funds for the Transportation Division; and to declare an emergency ($500,000.00).

BodyWHEREAS: there is a need to provide professional engineering services defined by the Linden Area Traffic Management Plan project and;

WHEREAS: the Director of Public Service has identified the need to enter into a professional service contract for engineering for the Linden Area Traffic Managment Plan project and;

WHEREAS: a satisfactory proposal has been submitted by DLZ Ohio, Inc.; and

WHEREAS: an emergency exists in the usual daily operation of the Department of Public Service, Transportation Division, in that the contract should go forth immediately in order to maintain commitments made to the community and so that the work may proceed without delay, thereby preserving the public health, peace, property, safety and welfare; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of Public Service be and is hereby authorized to enter into a contract with DLZ Ohio, Inc., 6121 Huntley Rd., Columbus OH, 43229 in the amount not to exceed $500,000.00 for engineering services for the Linden Area Traffic Management Plan project.

Section 2. That for the purpose of paying the cost thereof, the sum of $500,000.00 or so much thereof as may be needed, is hereby authorized to be expended from the 1995, 1999, 2004 Voted Streets and Highways Fund, Fund 704, Department 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6682, OCA Code 644385, and project 590105.

Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the mayor, or ten days after passage if the mayor neither approves nor vetoes the same.

Legislation Number: 1328-2006

Drafting Date: 07/08/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationThe Transportation Division is currently engaged in the Demorest Road/Sullivant Avenue (OPWC) project. This project includes the complete reconstruction of Demorest Road from Glorious Avenue to Parkside Road. The road will be widened from two lanes to three lanes with curbing, sidewalks and Americans with Disabilities Act (ADA) -compliant curb ramps. Sullivant Avenue will be widened and improved from Wilson Road to Athens Avenue with

Columbus City Bulletin (Publish Date 07/29/06) 262 of 408 curbing, sidewalks and ADA curb ramps. Traffic signals will also be improved. In addition, the deteriorating storm sewer trench along Sullivant Avenue between Athens Avenue and Sylvan Avenue will be rehabilitated and that portion of Sullivant Avenue repaved.

This legislation authorizes the Public Service Director to modify and increase the Transportation Division's construction contract with Complete General Construction Company, contract compliance #31-4366382 (expires March 1, 2008), for an amount up to $1,028,940.12 and provide $82,315.21 for construction inspection. This contract is being modified to include replacing along Demorest Road the existing 6" waterline from Glorious Road to Sullivant Avenue with a 12" waterline and replacing the existing 6" waterline from Sullivant Avenue to Parkside Avenue with an 8" waterline. During roadway excavation operations, the existing 6" waterline was found to be in poor condition, with several leaks resulting from its condition. The waterline work was not originally contemplated by the Division of Power and Water, but it is now necessary to pursue at this time to avoid future interruptions to the neighborhood, take advantage of economies of scale and avoid a repeat of a contractor's mobilization. Accordingly, it would not be practical to award this work to another contractor. Prices were obtained by negotiations with Complete General Construction Company using existing prices where available and past project prices for new items.

The original contract amount was for $4,696,488.94. This is the first contract modification. The total of this modification is $1,028,940.12. The revised contract amount including this modification is $5,725,429.06.

Fiscal Impact: Funds for this modification are available within the Power and Water Division's Waterworks Enlargement Voted 1991 Bond Fund. This ordinance transfers monies between projects within that Fund as necessary.

Emergency action is requested for immediate modification of the construction contract so that the project may be completed as soon as possible.

TitleTo authorize the City Auditor to transfer $1,111,255.33 between projects within the Waterworks Enlargement Voted 1991 Bond; to authorize the Public Service Director to modify and increase the existing contract with Complete General Construction Company for construction of the Demorest Road/Sullivant Avenue (OPWC) project by $1,028,940.12 for the Transportation Division to include waterline replacement work; to authorize the expenditure of $1,111,255.33 or so much thereof as may be needed from the Waterworks Enlargement Voted 1991 Bond; and to declare an emergency. ($1,111,255.33)

BodyWHEREAS, Contract No. EL005915 was authorized by Ordinance 1911-2005, passed by City Council March 6, 2006, executed March 20, 2006 and approved by the City Attorney on March 31, 2006; and

WHEREAS, it is necessary to modify this contract to complete waterline improvements within the Demorest Road/ Sullivant Avenue (OPWC) project; and

WHEREAS, it is necessary to provide additional funding for construction inspection costs for this modification; and

WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that the contract should be modified and increased immediately so that the work may proceed without delay so that the project may be completed as soon as possible to eliminate potential safety hazards, thereby preserving the public health, peace, property, safety and welfare; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the City Auditor be and hereby is authorized to transfer $1,111,255.33 between projects within Fund 606, the Waterworks Enlargement Voted 1991 Bond Fund, as follows:

TRANSFER FROM project# / project / Object Level One/Object Level Three Codes / OCA Code 690454 / 16" Water Main in Easement East of I-270 / 06/6629 / 690454

Columbus City Bulletin (Publish Date 07/29/06) 263 of 408 Total Transfer From: $1,111,255.33

TRANSFER TO: project# / project / Object Level One/Object Level Three Codes / OCA Code 690236 / Water Main Rehabilitation / 06/6629 / 642900

Total Transfer To: $1,111,255.33

SECTION 2. That the Public Service Director be and hereby is authorized to modify and increase Contract No. EL005915 with Complete General Construction Company by $1,028,940.12 for waterline replacement work in accordance with the terms as shown on the modification on file in the office of the City Engineer, which are hereby approved.

SECTION 3. That the Public Service Director be and hereby is authorized to increase the existing construction inspection encumbrance EL005915 by $82,315.21 to pay construction inspection charges related to this work.

SECTION 4. That for the purpose of paying the cost of said contract modification and construction inspection the sum of $1,111,255.33 or so much thereof as may be needed be and hereby is authorized to be expended from Fund 606, the Waterworks Enlargement Voted 1991 Bond Fund, Department No. 60-09, Power and Water Division, Object Level One Code 06, Object Level Three Code 6629, OCA Code 642900 and Project 690236.

SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1329-2006

Drafting Date: 07/08/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationThe City of Columbus is seeking to develop and enhance the State Route 315 corridor as a nexus for high-technology research and development businesses, in conjunction with OSU and other state and local agencies. To further this aim, roadway improvements are being contemplated to enhance access for pedestrians, motorists and bicyclists. This legislation authorizes the Public Service Director to enter into a contract for the Transportation Division for preliminary engineering services for the Kinnear Road Improvement project with Burgess and Niple, Incorporated, in the amount of $500,000.00. The improvement corridor is Kinnear Road between North Star Road to the west and up to the SR 315 southbound off ramp intersection to the east. The purpose of the contract is to investigate engineering alternatives for the widening, drainage and streetscape features of Kinnear Road. A professional services contract for engineering is needed to assure timely completion of the design and as the Transportation Division does not maintain adequate staff or all of the various disciplines necessary to complete such design in house.

The selection process for this professional service contract was conducted in accordance with provisions of Chapter 329.11 of the City Codes, 1959. Ten firms submitted proposals: Advanced Civil Design, Incorporated; Baker Systems, Incorporated; Burgess and Niple, Incorporated; DLZ Ohio, Incorporated; Jones and Stuckey, Incorporated; ms consultants, incorporated; Parsons Brinckerhoff, Incorporated; TranSystems, Incorporated; URS Engineering, Incorporated; and Woolpert, Incorporated.

The evaluation committee determined that Burgess and Niple, Incorporated, contract compliance number 31-0885550 (expires January 19, 2007), submitted the best overall proposal at a competitive price for this work.

Columbus City Bulletin (Publish Date 07/29/06) 264 of 408 Fiscal Impact: Funds in the amount of $500,000.00 are budgeted and available within the Transportation Division's 2006 Capital Improvements Budget in the 1995, 1999, 2004 Voted Streets and Highways Fund in the Miscellaneous Development project.

Emergency action is requested so that this project can proceed in a timely manner and keep commitments made to the local community.

TitleTo authorize the Public Service Director to enter into a contract with Burgess and Niple, Incorporated, for preliminary engineering services for the Kinnear Road ('Sci-Tech') Improvement project for the Transportation Division; to authorize the expenditure of $500,000.00 or so much thereof as may be needed from the 1995, 1999, 2004 Voted Streets and Highways Fund and to declare an emergency. ($500,000.00)

BodyWHEREAS, there is need of a preliminary engineering study for the improvement of existing pavement, curbs and sidewalks on Kinnear Road between North Star Road and Kenny Road; and

WHEREAS, the Public Service Director has identified the need to enter into a professional service contract for the preparation of a preliminary engineering source document for the Kinnear Road Improvement project; and

WHEREAS, a satisfactory proposal has been submitted by Burgess and Niple, Incorporated; and

WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that a contract should be entered immediately so that this project can proceed in a timely manner and keep commitments made to the local community, thereby preserving the public health, peace, property, safety and welfare; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Public Service Director be and hereby is authorized to enter into a contract with Burgess and Niple, Incorporated, in an amount not to exceed $500,000.00 for preliminary engineering services for the Kinnear Road Improvement project for the Transportation Division.

SECTION 2. That for the purpose of paying the cost of said contract, the sum of $500,000.00 or so much thereof as may be needed, be and hereby is authorized to be expended from Fund 704, the 1995, 1999, 2004 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6682, OCA Code 644385 and Project 590131.

SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1335-2006

Drafting Date: 07/10/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This ordinance will authorize the Director of Recreation and Parks to enter into a contract with M.A.D. Scientist, LLC, for the management of a wetland in the Clover Park area in an amount not to exceed $36,000.00.

Columbus City Bulletin (Publish Date 07/29/06) 265 of 408 M.A.D. Scientist, LLC was selected for this project from proposals received from ten (10) firms on March 17, 2006.

It was determined that M.A.D. Scientist, LLC's proposal and experience far exceeded the other firms. M.A.D. Scientist, LLC was selected based on experience, availability, and knowledge of project site.

As part of the Army Corps of Engineers 404 permit and the Ohio EPA 401 permit, the City of Columbus, Division of Sewerage and Drainage, Stormwater Section mitigated a wetland in the Clover Park. As part of the mitigation, the wetland has to be managed for a 5-year period. The Sewerage and Drainage Division has asked the Columbus Recreation and Parks Department to lead the project, but funding for the management will be provided by the Stormwater Section.

M.A.D. Scientist, LLC is responsible for preparing and submitting reports required by permit to the Ohio EPA. M.A.D. Scientist, LLC is also agreeing to help manage the wetland for control of invasive species with Recreation and Parks for its success.

M.A.D. Scientist, LLC and Recreation and Parks are not responsible for the hydrology or construction of the wetlands or physical changes necessary to ensure the success of the wetland's establishment or permit compliance.

The Contract Compliance Number for M.A.D. Scientist, LLC, is #20-1126855.

Emergency action is necessary to begin project as soon as possible.

Fiscal Impact: The Division of Sewerage and Drainage is requesting an amendment to the 2006 Capital Improvements Budget for purposes of establishing sufficient budget authority for this expenditure. Additionally, this legislation includes a transfer of funds within the Storm Sewer Bonds Fund.

Title To authorize and direct the Director of Recreation and Parks to enter into a contract with M.A.D. Scientist, LLC; in the amount of $36,000.00; for the management of a wetland in the Clover Park area; to authorize the transfer of $36,000.00 within the Storm Sewer Bond Fund; to authorize an amendment to the 2006 Capital Improvements Budget; and to declare an emergency. ($36,000.00)

Body WHEREAS, proposals were received from ten firms for management of a wetland in the Clover Park area; and

WHEREAS, the contract will be awarded based on experience, availability, and knowledge of project site; and

WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds within the Storm Sewer Bond Fund; and

WHEREAS, it is necessary to authorize an amendment to the 2006 Capital Improvements Budget for purposes of providing sufficient funding and spending authority for the aforementioned project expenditures; and

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to enter into said contract to begin project as soon as possible; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the City Auditor is hereby authorized to transfer $36,000.00 within the Storm Sewer Bonds Fund, Fund 685, Division of Sewerage and Drainage, Division 60-15, Object Level One 06, Object Level Three 6621, as follows:

TRANSFER FROM: 610965 - Greenhill Acres Subdivision SSI's OCA Code - 685965

Columbus City Bulletin (Publish Date 07/29/06) 266 of 408 TRANSFER TO: 610753 - Pilot Wetlands Mitigation OCA Code - 685753

SECTION 2. That the Director of Recreation and Parks be and hereby is authorized and directed to enter into contract with M.A.D. Scientist, LLC, for the management of a wetland in the Clover Park area.

SECTION 3. That for the purpose of paying the cost of the contract, the following expenditure, or as much thereof as may be needed is hereby authorized as follows: Division 60-15, Storm Sewer Bond Fund No. 685, Project 610753, Object Level One 06, Object Level Three 6621, OCA Code 685753, Amount $36,000.00.

SECTION 4. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.

SECTION 5. That the 2006 Capital Improvements Budget Ordinance No. 1108-2006 is hereby amended as follows, to provide sufficient budget authority for the execution of the construction contract stated in Section 3 herein.

CURRENT:

610753 - Pilot Wetlands Mitigation - $0 610965 - Greenhill Acres Subdivision SSI's - $2,939,440

AMENDED TO:

610753 - Pilot Wetlands Mitigation - $36,000 (+$36,000) 610965 - Greenhill Acres Subdivision SSI's - $2,903,440 (-$36,000)

SECTION 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1336-2006

Drafting Date: 07/10/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation This Ordinance is submitted to settle the lawsuit known as Sumonta Jarupan v. Trizec Hahn, et al., Case No. 03CVC-04-4849 in the Franklin County Court of Common Pleas, in the amount of Twenty Five Thousand and No/100 Dollars ($25,000.00). On May 1, 2001, the Plaintiff, while stepping out of a car on Young Street near the intersection with Broad Street, stepped into a hole created by a missing section of curb. The Plaintiff tripped and fell forward onto the sidewalk in front of the Borden Building, owned by Trizec Hahn. The Plaintiff injuries included a broken ankle and sprained wrist. Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount this claim.

Title To authorize and direct the City Attorney to settle and pay the settlement amount to Sumonta Jarupan in the case of Sumonta Jarupan v. Trizec Hahn, et al., Case No. 03CVC-04-4849 in the Franklin County Court of Common Pleas, to authorize the expenditure of the sum of Twenty Five Thousand and No/100 Dollars ($25,000.00), and to declare an

Columbus City Bulletin (Publish Date 07/29/06) 267 of 408 emergency.

Body WHEREAS, on April 29, 2003, the plaintiff filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 03-CVC04-4849, against the City of Columbus and Trizec Hahn Borden Building Management. The plaintiff's allegations included municipal corporation liability and negligence for the defective curb. WHEREAS, following the evaluation of plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation and trial, the settlement amount was deemed acceptable by the City of Columbus, along with dismissal of the lawsuit with prejudice and a release of the City of Columbus and its employees from further liability; and, WHEREAS, by reason of the foregoing, and in order to avoid the possible payment of interest, an emergency exists in the usual daily operation of the City and for further preservation of the public health, peace, property, safety and welfare, now, therefore: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS Section 1. That the City Attorney be and hereby is authorized and directed to settle the lawsuit of Sumonta Jarupan v. Trizec Hahn, et al., Case No. 03CVC-04-4849 in the Franklin County Court of Common Pleas, by the payment of the total of $25,000 as a reasonable and fair amount in the best interests of the City of Columbus. Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the City of Columbus, Department of Public Service, Division Number 5909, OCA Code 599001, Object Level One 05, Object Level Three 5535, Fund No. 265. Section 3. That the City Auditor be and is hereby authorized to draw warrants upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney payable in the following manner: $25,000.00 payable to Sumonta Jarupan and Richard T. Robol, counsel for Plaintiff. Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten day after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1338-2006

Drafting Date: 07/10/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Council Variance Application: CV06-034

APPLICANT: The Clintonville Corporation, Inc. c/o Catherine A. Cunningham, Atty.; Plank & Brahm; 145 East Rich Street; Columbus, OH 43215.

PROPOSED USE: To conform an existing four-family dwelling.

CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.

CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject site is developed with a four-family dwelling and a four-car detached garage zoned in the C-4, Commercial District. The four-unit dwelling was constructed in 1925, and at that time, dwellings were permitted uses in commercial zoning districts. Therefore, the dwelling is permitted as a non-conforming use. The applicant requests a use variance to preserve the right to restore the dwelling or detached garage in the event of damage or destruction, regardless of the extent of the damage. A four-space parking variance is also included in the request. Because the variance will not alter the actual use of the site, or the number of dwelling units in the

Columbus City Bulletin (Publish Date 07/29/06) 268 of 408 building, the use variance will not adversely affect the surrounding property or surrounding neighborhood. The owner has committed to conditions for maintaining the existing building's architectural features to ensure compatibility with surrounding development if the structure is ever rebuilt.

Title To grant a Variance from the provisions of Sections 3356.03, C-4, Permitted Uses, and 3342.28, Minimum number of parking spaces required of the Columbus City Codes for the property located at 3020 NORTH HIGH STREET (43202), to conform an existing four-family dwelling in the C-4, Commercial District with a reduction in the number of required parking spaces (Council Variance # CV06-034).

Body WHEREAS, by application No. CV06-034, the owner of property at 3020 NORTH HIGH STREET (43202), is requesting a Council variance to conform an existing four-family dwelling in the C-4, Commercial District; and

WHEREAS, Section 3356.03, C-4 Permitted Uses, permits apartments only above certain commercial uses, while the applicant proposes to make an existing four-family dwelling a conforming use on the property; and

WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two parking spaces per dwelling unit, or eight (8) spaces, while the applicant proposes to maintain four (4) garage parking spaces for the existing dwelling; and

WHEREAS, The Clintonville Area Commission recommends approval; and

WHEREAS, City Departments recommend approval and note that a hardship exists because the non-conforming nature of the site precludes financing options and the existing four-family dwelling has been long established on this lot. The owner has committed to conditions for maintaining the existing building's architectural features to ensure compatibility with surrounding development if the structure is ever rebuilt; and

WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and

WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and

WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owner of the property located at 3020 NORTH HIGH STREET (43202), in using said property as desired; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. Variance from the provisions of Sections 3356.03, C-4, Permitted Uses; and 3342.28, Minimum number of parking spaces required of the Columbus City Codes are hereby granted for the property located at 3020 NORTH HIGH STREET (43202), insofar as said sections prohibit a four-family dwelling in the C-4, Commercial District with a parking space reduction from eight (8) required spaces to four (4) spaces; said property being more particularly described as follows:

3020 NORTH HIGH STREET (43202), being 0.16± acres located on the east side of North High Street, 48± feet south of Weber Road, and being more particularly described as follows:

Situated in the State of Ohio, County of Franklin, City of Columbus being further described as follows:

Being Lot Number Two Hundred Ten (210) and Seventeen (17) feet off of the entire South Side of Lot Number Two Hundred Nine (209) of the CRESTVIEW ADDITION, to the City of Columbus, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 8, page 11-A and 11-B, Recorder's Office, Franklin County, Ohio.

Columbus City Bulletin (Publish Date 07/29/06) 269 of 408 Parcel No. 010-052796, Property Address: 3020 N. High Street

SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a four-family dwelling, or those uses permitted in the C-4, Commercial District.

SECTION 3. That this ordinance is further conditioned on the following commitments as negotiated with the Clintonville Area Commission: 1. If the building is reconstructed or more than 50% renovated, that it will be built to a 2 ½ story height, with brick exterior façade, have a pitched roof and incorporate a front porch facing North High Street, so as to maintain a residential character. 2. That the building be a maximum of 4,500 square feet. 3. That the building has a maximum of 4 residential units. 4. That the building front yard set back be no less than 20 feet. 5. That no more than four off-street parking spaces shall be required. 6. That the existing 19 x 36 square foot block four-car garage/carport be permitted to be retained or reconstructed upon the lot with a setback from the east alley of no less than 10 feet and setbacks from the side lot lines of no less than 1.5 feet.

SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Legislation Number: 1345-2006

Drafting Date: 07/10/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND This ordinance authorizes the Franklin County Municipal Court Administrative and Presiding Judge to enter into contract with iSECUREtrac and to authorize the expenditure of up to $60,000 from the Municipal Court Judges 2006 general fund budget for electronic monitoring of indigent and other offenders in the Court's home confinement program.

In 2006, the Court was funded for a program to offer home incarceration as an alternative to jail when the Franklin County Court of Common Pleas discontinued extending its program to offenders of the Franklin County Municipal Court. As funded in 2006, the Court's program covered the cost of three probation officers and other incidental expenses with the assumption that the cost of monitoring would be borne by the offender. During the development of the program, it became clear that the Court needed to offer the program to individuals who cannot pay the cost of the monitoring, but who otherwise would be eligible for such a program. Also, while most self-paying offenders are able to arrange electronic monitoring with a vendor that provides radio frequency equipment, at the present time, that vendor cannot offer global positioning equipment. As a result, the Court also needs to accommodate those offenders which, while they are not indigent, currently have no access to global positioning equipment. During the program's pilot phase, the Court has determined that iSECUREtrac offers the most extensive monitoring equipment types (from radio frequency to both active and passive global positioning) and as such, the Court requests that the provisions of competitive bidding be waived in order enter into contract with iSECUREtrac. iSECUREtrac, contract compliance # 870347787.

FISCAL IMPACT: Funds are available within the Court's 2006 general fund appropriations for this purpose.

This legislation is considered an emergency measure to ensure that the contract is in place so that the Court may begin its program as quickly as possible.

Title

Columbus City Bulletin (Publish Date 07/29/06) 270 of 408 To authorize and direct the Administrative and Presiding Judge of the Franklin County Municipal Court to enter into contract with iSECUREtrac; to authorize the transfer of $60,000 within the Court's 2006 general fund budget; to authorize the expenditure of up to $60,000 with iSECUREtrac for electronic monitoring of offenders; to waive the competitive bidding provisions of the Columbus City Code; and to declare an emergency. ($60,000.00)

Body WHEREAS, the Franklin County Municipal Court has begun a program to provide home incarceration as an alternative to jail; and

WHEREAS, it is in the best interest of Franklin County Municipal Court that the Court offer the program to individuals who cannot pay the cost of the monitoring and for those who require global positioning equipment; and

WHEREAS, resources are available within the Franklin County Municipal Court to provide funding for the needed electronic monitoring services; and

WHEREAS, it is in the best interest of the city to waive competitive bidding and procure the needed electronic monitoring services from iSECUREtrac; and

WHEREAS, this ordinance is requested as an emergency to permit the timely procurement of needed services and to ensure the earliest possible commencement of the Court's home confinement program; and

WHEREAS, an emergency exists in the usual daily operation of the city, in that it is immediately necessary to enter into contract and authorize the transfer and expenditure for electronic monitoring services with iSECUREtrac, thereby preserving the public health, peace, property, safety and welfare; Now, Therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Administrative and Presiding Judge of the Franklin County Municipal Court be and is hereby authorized to enter into contract with iSECUREtrac for electronic monitoring services for the period ending April 30, 2007.

SECTION 2. That the City Auditor be and is hereby authorized and directed to transfer $60,000 within the the Franklin County Municipal Court Judges, department number 2501, general fund, fund number 010, from: oca 250191, object level 1 - 01, object level 3 - 1101; to: oca 250177, object level 1 - 03, object level 3 - 3431.

SECTION 3. That the expenditure of $60,000 or as much thereof as may be necessary is hereby authorized from the Franklin County Municipal Court Judges, department number 2501, general fund, fund number 010 as follows: oca 250177, object level 1 - 03, object level 3 - 3431.

SECTION 4. That in accordance with 329.27 of the Columbus City Code, this Council finds the best interest of the city is served by waiving, and does hereby waive Section 329.06 (Competitive Sealed Bidding) of the Columbus City Code.

SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1348-2006

Drafting Date: 07/11/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation

Columbus City Bulletin (Publish Date 07/29/06) 271 of 408 This ordinance authorizes the issuance and sale of special assessment bonds in the amount of $269,471 for the Madison Mills Subdivision Street Lighting Project. The bond will be placed by Huntington Capital Corp. The bond proceeds will allow for the retirement of a previously issued special assessment note which is maturing on August 28, 2006.

Title To authorizing the issuance and sale of special assessment bonds in the amount of $269,471.00 for the Madison Mills Subdivision Street Lighting Assessment Project. ($269,471.00)

Section 55(b) of the City Charter

Body WHEREAS, pursuant to Ordinance 1845-2004 adopted November 15, 2004, this Council determined to proceed with the street lighting project described below in accordance with Resolution 074X-2004 adopted by this Council on April 19,

2004; and

WHEREAS, pursuant to Ordinance 0770-2005 adopted April 25, 2005, notes in the principal amount of $386,000 (the

"Outstanding Notes") were issued in anticipation of the issuance of bonds in anticipation of the levy and collection of special assessments for the purpose hereinafter stated; and

WHEREAS, the City Auditor has certified to this Council that the estimated life of the improvements to be constructed from the proceeds of the bonds and notes hereinafter referred to exceeds five (5) years, the maximum maturity of bonds being twenty (20) years; and

WHEREAS, it is deemed necessary to issue bonds in the amount of $269,471 to provide for the payment of a portion of the principal of and interest on the Outstanding Notes;

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. Bonds of the City of Columbus, Ohio (the "Municipality") shall be issued in the principal sum of Two Hundred Sixty-Nine Thousand Four Hundred Seventy-One Dollars ($269,471) (the "Bonds") in anticipation of the levy and collection of special assessments for the purpose of providing funds to pay the costs of installing a high pressure sodium street lighting system with ornamental poles and underground wiring in the Madison Mills Subdivision, including Marsha Drive, Wintercress Court, Millrace Road, Chaney Place, Barley Circle, Bonne Circle, Bayberry Circle, Briarbush Drive, Briarbush Court, Poppyseed Court, Buggy Whip Lane, Moonlight Lane, Planters Court, Buckwheat Court, Plateau Street, Oldentime Court, Springtime Court, Wintertime Drive, Bartle Drive, Four Seasons Drive, Millview Drive, Millview Court, Acres Drive, Thimbleberry Road, Greenery Drive and Millstone Road from Williams Road to Millview Drive, by installing poles, fixtures, power cable and conduit, constructing control facilities and doing such other things as may be necessary in the City of Columbus, Ohio, and to retire notes previously issued for such purpose.

Section 2. There shall be and is hereby levied annually on all the taxable property in the Municipality, in addition to all other taxes and inside the ten mill limitation, a direct tax (the "Debt Service Levy") for each year during which any of the Bonds are outstanding, for the purpose of providing, and in an amount which is sufficient to provide, funds to pay interest upon the Bonds as and when the same falls due and to provide a fund for the repayment of the principal of the Bonds at maturity or upon redemption. The Debt Service Levy shall not be less than the interest and sinking fund tax required by Article XII, Section 11 of the Ohio Constitution.

Columbus City Bulletin (Publish Date 07/29/06) 272 of 408 Section 3. The Debt Service Levy shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers, in the same manner, and at the same time that taxes for general purposes for each of such years are certified, extended and collected. The Debt Service Levy shall be placed before and in preference to all other items and for the full amount thereof. The funds derived from the Debt Service Levy shall be placed in a separate and distinct fund, which shall be irrevocably pledged for the payment of the premium, if any, and interest on and principal of the Bonds when and as the same falls due. Notwithstanding the foregoing, if the Municipality determines that funds will be available from other sources for the payment of the Bonds in any year, the amount of the Debt Service Levy for such year shall be reduced by the amount of funds which will be so available, and the Municipality shall appropriate such funds to the payment of the Bonds in accordance with law.

Section 4. The Bonds shall be designated "City of Columbus, Ohio Madison Mills Subdivision Street Lighting Assessment Bonds".

Section 5. The Bonds shall be issued only as fully registered bonds in book entry form only, in such denominations as shall be determined by the Director of Finance and Management, but not exceeding the principal amount of Bonds maturing on any one date; and shall be numbered consecutively from R-1 upward, as determined by the Director of Finance and Management. The Bonds shall be dated August 28, 2006 shall mature on August 28, 2017 and shall bear interest, payable annually on the 28th day of August of each year (the "Interest Payment Date") commencing August 28, 2007, at the rate, and shall be subject to mandatory sinking fund redemption on August 28th in the amounts and in the years set forth in the Certificate of Award hereinafter provided for. Interest shall be calculated on the basis of a 360 day year of twelve 30 day months.

The Bonds shall not be subject to optional redemption prior to maturity.

Section 6. The Bonds shall set forth the purposes for which they are issued and state that they are issued pursuant to the Bond Ordinance and shall be executed by the Mayor and the City Auditor of the Municipality, in their official capacities, provided that any of those signatures may be a facsimile. No Bond shall be valid or become obligatory for any purpose or shall be entitled to any security or benefit under the Bond Ordinance unless and until a certificate of authentication, as printed on the Bond, is signed by the Bond Registrar (as defined in Section 7 hereof) as authenticating agent. Before the Municipality or Bond Registrar (as defined in Section 7 hereof) shall be required to register the Bonds and deliver them to the Original Purchaser, the Bond Registrar and the Director of Finance and Management of the Municipality shall have received from the Original Purchaser an investor letter, in the form specified in the Certificate of Award, certifying that such Original Purchaser is an "accredited investor" within the meaning of Section 501(a) ("Section 501(a)") of Regulation D promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended. Authentication by the Bond Registrar shall be conclusive evidence that the Bond so authenticated has been duly issued and delivered under the Bond Ordinance and is entitled to the security and benefit of the Bond Ordinance.

The principal of and interest on the Bonds shall be payable in lawful money of the United States of America without deduction for the services of the Bond Registrar as paying agent. The principal of the Bonds shall be payable upon presentation and surrender of the Bonds at the principal office of the Bond Registrar. Each Bond shall bear interest from the later of the date thereof, or the most recent Interest Payment Date to which interest has been paid or duly provided for, unless the date of authentication of any Bond is less than 15 days prior to an Interest Payment Date, in which case interest shall accrue from such Interest Payment Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered, at the close of business on the 15th day next preceding that Interest Payment Date (the "Record Date") (unless such date falls on a non-business day, in which case the Record Date shall be the preceding business day), on the Bond Register (as defined in Section 7 hereof) at the address appearing therein.

Any interest on the Bonds which is payable, but is not punctually paid or provided for, on any Interest Payment Date (herein called "Defaulted Interest") shall forthwith cease to be payable to the registered owner on the relevant Record Date by virtue of having been such owner and such Defaulted Interest shall be paid to the registered owner in whose name the Bonds are registered at the close of business on a date (the "Special Record Date") to be fixed by the Bond Registrar, such Special Record Date to be not more than 15 nor less than 10 days prior to the date of proposed payment. The Bond Registrar shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be

Columbus City Bulletin (Publish Date 07/29/06) 273 of 408 mailed, first class postage prepaid, to each Bondholder, at his address as it appears in the Bond Register, not less than 10 days prior to such Special Record Date, and may, in its discretion, cause a similar notice to be published once in a newspaper in each place where Bonds are payable, but such publication shall not be a condition precedent to the establishment of such Special Record Date.

Subject to the foregoing provisions of this Section 6, each Bond delivered by the Bond Registrar upon transfer of or in exchange for or in lieu of any other Bond shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond.

Section 7. The Trustees of the Sinking Fund of the City of Columbus is appointed to act as the authenticating agent, bond registrar, transfer agent and paying agent (collectively, the "Bond Registrar") for the Bonds. So long as the Bonds remain outstanding, the Municipality will cause to be maintained and kept by the Bond Registrar, at the office of the Bond Registrar, all books and records necessary for the registration, exchange and transfer of Bonds as provided in this Section (the "Bond Register"). Subject to the provisions of Section 6 hereof, the person in whose name the Bonds shall be registered on the Bond Register shall be regarded as the absolute owner thereof for all purposes. Payment of or on account of the principal of and interest on the Bonds shall be made only to or upon the order of that person. Neither the Municipality nor the Bond Registrar shall be affected by any notice to the contrary, but the registration may be changed as herein provided. All payments shall be valid and effectual to satisfy and discharge the liability upon the Bonds, including the interest thereon, to the extent of the amount or amounts so paid.

The Bonds may be transferred only on the Bond Register upon presentation and surrender thereof at the principal office of the Bond Registrar, together with an assignment executed by the registered owner or by a person authorized by the owner to do so by a power of attorney in a form satisfactory to the Bond Registrar. Before the Municipality or Bond Registrar shall be required to register any transfer or exchange of the Bond, the Bond Registrar and the Director of Finance and Management of the Municipality shall have received from the transferee an investor letter, in the form specified in the Certificate of Award, certifying that such transferee is an "accredited investor" within the meaning of Section 501(a) of Regulation D promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended. Upon that transfer, the Bond Registrar shall complete, authenticate and deliver a new Bond equal in the aggregate to the unmatured principal amount of the Bonds surrendered, and bearing interest at the same rate and maturing on the same date.

The Municipality and the Bond Registrar shall not be required to transfer or exchange the Bonds for a period of fifteen days next preceding an Interest Payment Date or the date of maturity.

In all cases in which Bonds are transferred hereunder, the Municipality shall cause to be executed and the Bond Registrar shall authenticate and deliver Bonds in accordance with the provisions of this Ordinance. The transfer shall be without charge to the owner; except that the Municipality and Bond Registrar may make a charge sufficient to reimburse them for any tax or other governmental charge required to be paid with respect to the transfer. The Municipality or the Bond Registrar may require that those charges, if any, be paid before it begins the procedure for transfer of the Bonds. All Bonds issued upon any transfer shall be the valid obligations of the Municipality, evidencing the same debt, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon that transfer.

Section 8. For purposes of this ordinance, the following terms shall have the following meanings:

"Book entry form" or "book entry system" means a form or system under which (i) the beneficial right to payment of principal of and interest on the Bonds may be transferred only through a book entry and (ii) physical Bonds in fully registered form are issued only to the Depository or its nominee as registered owner, with the Bonds "immobilized" to the custody of the Depository, and the book entry is the record that identifies the owners of beneficial interests in those Bonds.

"Depository" means any securities depository that is a clearing agency under federal law operating and maintaining, together with its participants, a book entry system to record beneficial ownership of Bonds and to effect transfers of Bonds , in book entry form, and includes The Depository Trust Company (a limited purpose trust company), New York, New York.

All or any portion of the Bonds may be initially issued to a Depository for use in a book entry system, and the

Columbus City Bulletin (Publish Date 07/29/06) 274 of 408 provisions of this section shall apply, notwithstanding any other provision of this ordinance; (i) there shall be a single Bond of each maturity, (ii) those Bonds shall be registered in the name of the Depository or its nominee, as registered owner, and immobilized in the custody of the Depository; (iii) the beneficial owners in book entry form shall have no right to receive Bonds in the form of physical securities or certificates; (iv) ownership of beneficial interests in any Bonds in book entry form shall be shown by book entry on the system maintained and operated by the Depository, and transfers of the ownership of beneficial interests shall be made only by the Depository and by book entry; and (v) the Bonds as such shall not be transferable or exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the City. Bond service charges on Bonds in book entry form registered in the name of a Depository or its nominee shall be payable in next day funds delivered to the Depository or its authorized representative (i) in the case of interest, on each Interest Payment Date, and (ii) in all other cases, upon presentation and surrender of Bonds as provided in this ordinance.

The Bond Registrar may, with the approval of the City, enter into an agreement with the beneficial owner or registered owner of any Bond in the custody of a Depository providing for making all payments to that owner of principal and interest on that Bond or any portion thereof (other than any payment of the entire unpaid principal amount thereof) at a place and in a manner (including wire transfer of federal funds) other than as provided above in this ordinance, without prior presentation or surrender of the Bond, upon any conditions which shall be satisfactory to the Bond Registrar and to the City. That payment in any event shall be made to the person who is the registered owner of that Bond on the date that principal is due, or, with respect to the payment of interest, as of the applicable date agreed upon as the case may be. The Bond Registrar shall furnish a copy of each of those agreements, certified to be correct by the Bond Registrar, to other paying agents for Bonds and to the City. Any payment of principal or interest pursuant to such an agreement shall constitute payment thereof pursuant to, and for all purposes of, this ordinance.

The Mayor, Director of Finance and Management, or any other officer of this Council, is authorized and directed to execute, acknowledge and deliver, in the name of and on behalf of the City, the letter agreement among the City, the Bond Registrar and The Depository Trust Company, as depository, to be delivered in connection with the issuance of the Bonds to the Depository for use in a book entry system in substantially the form submitted to this Council.

If any Depository determines not to continue to act as a depository for the Bonds for use in a book entry system, the City and the Bond Registrar may attempt to establish a securities depository/book entry relationship with another qualified Depository under this ordinance. If the City and the Bond Registrar do not or are unable to do so, the City and the Bond Registrar, after the Bond Registrar has made provision for notification of the beneficial owners by the then Depository, shall permit withdrawal of the Bonds from the Depository and authenticate and deliver bond certificates in fully registered form to the assigns of the Depository or its nominee, all at the cost and expense (including costs of printing definitive Bonds), if the event is not the result of action or inaction by the City or the Bond Registrar, of those persons requesting such issuance.

Section 9. The sale and award of the Bonds shall be evidenced by the Certificate of Award signed by the Director of the Finance and Management or the City Auditor. The Certificate of Award shall identify the original purchaser of the Bonds (the "Original Purchaser") and shall state the Purchase Price, the Specified Interest Rate and the Mandatory Sinking Fund Requirements (all as hereinafter defined) and shall include such additional information as shall be required by the terms of this Ordinance. Huntington Capital Corp. is hereby appointed the Municipality's placement agent (the "Placement Agent") for the private placement of the Bonds.

As used in this Section 9 and Section 5 hereof:

"Certificate of Award" means the certificate authorized by this Section 9 to be executed by the Director of Finance and Management or the City Auditor setting forth and determining such terms and other matters pertaining to the Bonds, their issuance, sale or delivery, as are authorized and directed to be determined therein by this Ordinance.

"Mandatory Redemption Dates" means twenty-eighth (28th) day of August in the years to be specified in the Certificate of Award in which the Bonds are to be redeemed pursuant to Mandatory Sinking Fund Requirements.

"Mandatory Sinking Fund Requirements" means, as to Bonds, amounts sufficient to redeem such Bonds (less the

Columbus City Bulletin (Publish Date 07/29/06) 275 of 408 amount of credit as provided in the Certificate of Award) on each Mandatory Redemption Date, as are to be set forth in the Certificate of Award.

"Purchase Price" means that amount which is to be determined in the Certificate of Award, but such amount is to be no less than 100% of the aggregate principal amount of the Bonds, together with accrued interest on the Bonds from their date to the date of their delivery and payment therefor.

"Specified Interest Rate" means the interest rate at which the Bonds bear interest, which rate shall not exceed five and one-half per centum (5.50%) per annum.

The Director of Finance and Management, the City Auditor and the Clerk are authorized and directed to make the necessary arrangements on behalf of the Municipality to establish the date, location, procedure and conditions for the delivery of the Bonds to the Original Purchaser. Those officers are further directed to take all steps necessary to effect due execution, authentication and delivery of the Bonds under the terms of the Bond Ordinance.

The proceeds from the sale of the Bonds shall be deposited in the City Treasury and shall be credited to the proper Bond Retirement Fund to be applied to the payment of the principal of and interest on the Outstanding Notes, which shall be redeemed on the date of delivery of the Bonds.

Any accrued interest or premium received from such sale shall be deposited in the City Treasury and shall be credited to the proper Bond Retirement Fund to be applied to the payment of the principal and interest of the Bonds in the manner provided by law. All moneys necessary to carry out the purposes of this Ordinance are hereby deemed appropriated for expenditure by the City Auditor.

To provide for the payment of the costs of issuance of the Bonds, which shall include, but shall not be limited, to the fees and expenses of the Municipality's bond counsel and the fees and expenses of the Placement Agent, the City Auditor is hereby authorized to expend from the Electricity Operating Fund (Fund 550) a sum not to exceed Seventy Five Hundred Dollars ($7,500), and such amount is hereby deemed appropriated.

Section 10. It is hereby found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.

Section 11. The City Clerk is hereby directed to forward certified copies of this Ordinance to the County Auditors of Franklin, Fairfield and Delaware Counties, Ohio.

Section 12. In accordance with Section 55(b) of the Charter of the City of Columbus, Ohio, this Ordinance shall take effect and be in force from and immediately after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1350-2006

Drafting Date: 07/11/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: One property currently held in the Land Bank has been approved for disposition. In order to complete the transfer, authorization is needed for the Director of the Department of Development to execute any and all agreements and deeds for conveyance of such real property. This parcel will be purchased by Community Housing Development, Inc. for the move and rehabilitation of the structure located at 1509-1511 S. Fourth Street to the City's lot located at 79-81 E. Morrill Avenue.

FISCAL IMPACT: No funding is required for this legislation. The City may first recover reimbursement of

Columbus City Bulletin (Publish Date 07/29/06) 276 of 408 any and all expenses incurred on account of the acquisition, administration, management, maintenance and disposition of such land and such other expenses of the program as the City may apportion to such land from the sale proceeds.

EMERGENCY JUSTIFICATION: Emergency action is requested in order to facilitate and meet the scheduled move of the house to the new location.

Title To authorize the Director of the Department of Development to execute any and all necessary agreements and deeds for conveyance of title of a parcel of real property (79-81 E. Morrill Avenue) held in the Land Bank pursuant to the Land Reutilization Program; and to declare an emergency.

Body WHEREAS, by Ordinance 2161-93 Council adopted and elected to use the Revised Code Chapter 5722, Land Reutilization Program, to facilitate effective reutilization of nonproductive land acquired through a sale pursuant to a foreclosure proceeding initiated by the Franklin County Treasurer, or through a sale of forfeited lands by the Franklin County Auditor or through a conveyance in lieu of foreclosure to foster either return of such land to tax revenue generating status or its devotion to public use; and

WHEREAS, a proposal for the sale of one parcel which has been acquired for this program meet the Land Reutilization Program's Disposition Policies and Guiding Principles and has been approved; and

WHEREAS, such parcel of real estate is being sold at not less than fair market value in conformity with Ohio Revised Code Section 5722.07; and

WHEREAS, in order to complete the transfer of such property to the purchaser, authority is needed for the Director of the Department of Development to execute any and all necessary agreements and deeds of conveyance for such real property; and

WHEREAS, an emergency exists in the usual daily operation of the Department of Development, Land Redevelopment Office in that it is immediately necessary to approve said Land Bank real estate transfer, all for the immediate preservation of the public health, peace, property, safety and welfare; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of the Department of Development is hereby authorized and directed to execute any and all necessary agreements and deeds to convey title of the following parcel of real estate:

PARCEL NUMBER: 010-056854 ADDRESS: 79-81 E. Morrill Avenue PRICE: $500.00 USE: Move and rehabilitation of the structure at 1509-1511 S. Fourth Street to the lot on E. Morrill Avenue

79-81 E. Morrill Avenue Parcel #010-056854

Being a part of Lot Number Five (5) of N. MERION'S SUBDIVISION of 23.38 acres of land in Half Sections 42 and 43, Township 5, Range 22, Refugee Lands, as the same is numbered and delineated upon the plat thereof in Plat Book 1, page 374, Recorder's Office, Franklin County, Ohio, more particularly described as follows:

Columbus City Bulletin (Publish Date 07/29/06) 277 of 408 Beginning at a point in the south line of Morrill Avenue 70.08 feet west of an iron stake at the Southwest corner of the intersection of said Morrill Avenue and South Fourth Street; thence South 3° West, parallel with the west line of Fourth Street 130 feet to a point; thence North 87° West, on a line parallel with the south line of Morrill Avenue 75.3 feet; thence North 3° East and parallel with the west line of Fourth Street, 10 feet to a point; thence South 87° East, on a line parallel with the south line of Morrill Avenue, 37.03 feet, more or less, to a point which is 38 feet west of the easterly line of these premises on this line, projected east thereto; thence North 3° East, along a line parallel to the west line of Fourth Street, 120 feet to the south line of Morrill Avenue 38 feet west of the place of beginning; thence South 87° East, along the south line of Morrill Avenue, 38 feet to the place of beginning.

Being the same premises conveyed by Ada B. Wynne and Wilbur M. Wynne to William J. Gilman and Adeal Gilman by deed dated May 31st, 1935 and now on record in Vol. Number 1004, page 542, of the deed records of Franklin County, Ohio. Also the same premises conveyed by Charles Blesch, widower, to Ada B. Wynne and Wilbur M. Wynne by deed now of record in D. B. 626, page 420 of the deed records of Franklin County, excepting therefrom that part thereof conveyed to Elmer R. Anderson by deed now of record in D. B. 741, page 327 of the deed records of Franklin County, Ohio.

Section 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1351-2006

Drafting Date: 07/11/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: One property currently held in the Land Bank has been approved for disposition. In order to complete the transfer, authorization is needed for the Director of the Department of Development to execute any and all agreements and deeds for conveyance of such real property. This parcel will be purchased by Community Development for All People for the rehabilitation of the structure at 811 S. 22nd Street.

FISCAL IMPACT: No funding is required for this legislation. The City may first recover reimbursement of any and all expenses incurred on account of the acquisition, administration, management, maintenance and disposition of such land and such other expenses of the program as the City may apportion to such land from the sale proceeds.

EMERGENCY JUSTIFICATION: Emergency action is requested in order to meet the rehab schedule of the purchaser.

Title To authorize the Director of the Department of Development to execute any and all necessary agreements and deeds for conveyance of title of a parcel of real property (811 S. 22nd Street ) held in the Land Bank pursuant to the Land Reutilization Program; and to declare an emergency.

Columbus City Bulletin (Publish Date 07/29/06) 278 of 408 Body WHEREAS, by Ordinance 2161-93 Council adopted and elected to use the Revised Code Chapter 5722, Land Reutilization Program, to facilitate effective reutilization of nonproductive land acquired through a sale pursuant to a foreclosure proceeding initiated by the Franklin County Treasurer, or through a sale of forfeited lands by the Franklin County Auditor or through a conveyance in lieu of foreclosure to foster either return of such land to tax revenue generating status or its devotion to public use; and

WHEREAS, a proposal for the sale of one parcel which has been acquired for this program meet the Land Reutilization Program's Disposition Policies and Guiding Principles and has been approved; and

WHEREAS, such parcel of real estate is being sold at not less than fair market value in conformity with Ohio Revised Code Section 5722.07; and

WHEREAS, in order to complete the transfer of such property to the purchaser, authority is needed for the Director of the Department of Development to execute any and all necessary agreements and deeds of conveyance for such real property; and

WHEREAS, an emergency exists in the usual daily operation of the Department of Development, Land Redevelopment Office in that it is immediately necessary to approve said Land Bank real estate transfer, all for the immediate preservation of the public health, peace, property, safety and welfare; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Director of the Department of Development is hereby authorized and directed to execute any and all necessary agreements and deeds to convey title of the following parcel of real estate:

PARCEL NUMBER: 010-002284 ADDRESS: 811 S. 22nd Street PRICE: $8,500.00 USE: Rehabilitation of structure at 811 S. 22nd Street

811 S. 22nd Street Parcel #010-002284

Being Lot Number Twenty-Six (26), in CLAIRMONT ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Pages 180 and 181, Recorder's Office, Franklin County, Ohio.

Section 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1354-2006

Drafting Date: 07/11/2006 Current Status: Passed

Columbus City Bulletin (Publish Date 07/29/06) 279 of 408 Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: This ordinance authorizes the Franklin County Municipal Court Administrative and Presiding Judge to enter into contract with Scientific Testing Laboratories, Inc. (STL) and to authorize the expenditure of up to $30,000 from the Municipal Court Judges probation fee fund for on-going urinalysis and oral fluid testing for offenders sentenced to probation.

In a significant number of cases, the Court requires urinalysis and oral fluid testing of offenders sentenced to probation be performed to determine whether or not the offender has substance abuse issues and if so, what substances are being used. Urinalysis and oral fluid testing are important tools for probation officers to use in designing an appropriate treatment regimen for each offender. In addition, throughout the term of an offender's probation, regular testing ensures that any drug use will be detected, thereby assuring the continued compliance of the offender's conditions of probation and abstinence from drugs.

The Probation Department has recommended to the Court that, for continuity of service, STL is the best resource and as such, the Court requests that the provisions of competitive bidding be waived in order to enter into contract with STL.

The Court's Probation Department is developing specifications in order to issue a bid to search for other resources that can provide for the Court's urinalysis and oral fluid testing needs. This legislation is an interim measure so the Court can have time to complete a formal bid process while ensuring that the needed services can continue until a formal award is made.

This company is not debarred according to the Excluded Party Listing System of the Federal Government or prohibited from being awarded a contract according to the Auditor of State Unresolved Findings for Recovery Certified Search.

Scientific Testing Laboratories, Inc. contract compliance # 541624514.

FISCAL IMPACT: Funds are available within the 2006 Franklin County Municipal Court probation fee fund budget for this purpose.

This legislation is considered an emergency measure to ensure the continuation of uninterrupted service and payments for the needed urinalysis and oral fluid testing.

Title To authorize and direct the Administrative and Presiding Judge of the Franklin County Municipal Court to enter into contract with Scientific Testing Laboratories, Inc.; to authorize the expenditure of up to $30,000 with Scientific Testing Laboratories, Inc. for urinalysis and oral fluid testing of offenders sentenced to probation; to waive the competitive bidding provisions of the Columbus City Code; and to declare an emergency. ($30,000.00)

Body WHEREAS, ordinance number 0187-2006 was passed by Columbus City Council on February 13, 2006 authorizing appropriations for the probation fee fund for the Franklin County Municipal Court, Department of Probation Services; and

WHEREAS, Franklin County Municipal Court has a need for the urinalysis and oral fluid testing of offenders sentenced to probation to determine the probationer's status, design appropriate treatment regimens, to assure offender compliance with the conditions of probation and to ensure that public safety is not compromised; and

WHEREAS, it is in the best interest of the city to waive competitive bidding and procure the needed services from Scientific Testing Laboratories, Inc.; and

WHEREAS, this ordinance is requested as an emergency to permit the timely procurement of needed services and to ensure the continuation of uninterrupted payments; and

WHEREAS, an emergency exists in the usual daily operation of the city, in that it is immediately necessary to enter into

Columbus City Bulletin (Publish Date 07/29/06) 280 of 408 contract and authorize the expenditure for urinalysis and oral fluid testing with Scientific Testing Laboratories, Inc., thereby preserving the public health, peace, property, safety and welfare; Now, Therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Administrative and Presiding Judge of the Franklin County Municipal Court be and is hereby authorized to enter into contract with Scientific Testing Laboratories, Inc. for urinalysis and oral fluid testing for the period ending February 28, 2007.

SECTION 2. That the expenditure of $30,000 or as much thereof as may be necessary is hereby authorized from the Franklin County Municipal Court Judges, department number 2501, probation fee fund, fund number 227, subfund 003, oca 250324, object level 1 - 03, object level 3 - 3408.

SECTION 3. That in accordance with 329.27 of the Columbus City Code, this Council finds the best interest of the city is served by waiving, and does hereby waive Section 329.06 (Competitive Sealed Bidding) of the Columbus City Code.

SECTION 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1356-2006

Drafting Date: 07/11/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Memorandum of Understanding (MOU) #2006-05 was executed by representatives of the City and Columbus Municipal Association of Government Employees (CMAGE)/CWA Local 4502. This MOU assigns pay grades to the new classifications of Communication Systems Specialist and Communication Systems Manager. The passage of this ordinance indicates Council's acceptance of MOU #2006-05, a copy of which is attached hereto.

Emergency action is recommended in order to begin the selection process and to acknowledge the Civil Service Commission's action of creating the classifications.

FISCAL IMPACT: Costs associated with the acceptance of these MOUs will be covered by the existing budget.

Title To accept Memorandum of Understanding (MOU) #2006-05 executed between representatives of the City of Columbus and Columbus Municipal Association of Government Employees (CMAGE)/CWA Local 4502, which amends the Collective Bargaining Contract, August 24, 2005 through August 23, 2008; and to declare an emergency.

Body WHEREAS, representatives of the City and CMAGE/CWA Local 4502 entered into MOU #2006-05, a copy of which is attached hereto, to amend the Collective Bargaining Contract between the City and CMAGE/CWA, August 24, 2005 through August 23, 2008, by adding the classifications of Communication Systems Specialist and Communication Systems Manager to the bargaining unit and assigning pay grades to the classifications; and

WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to amend the Collective Bargaining Contract between the City and CMAGE/CWA, by accepting MOU #2006-05, thereby preserving the public peace, property, health, safety, and welfare; Now, Therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Columbus City Bulletin (Publish Date 07/29/06) 281 of 408 Section 1. That MOU #2006-05 amends the Collective Bargaining Contract between the City and CMAGE/CWA, August 24, 2005 through August 23, 2008.

Section 2. That City Council, in the best interests of the City, hereby recognizes and accepts MOU #2006-05, a copy of which is attached hereto, executed between representatives of the City and CMAGE/CWA, to be effective at the beginning of the pay period following passage by City Council.

Section 3. For the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten (10) days after passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1360-2006

Drafting Date: 07/12/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Britton/Cosgray 16" Water Main Project.

Fiscal Impact: N/A

Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for the aforementioned project so that there will be no delay in the project thereby preserving the public health, peace, property, safety, and welfare.

Title To authorize the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Britton/Cosgray 16" Water Main Project, and to declare an emergency.

Body WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Britton/Cosgray 16" Water Main Project; and

WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0074X-2006, on the 1st day of May, 2006, declaring the necessity and intent to appropriate the real property interests hereinafter described and the purpose of the appropriation, and notice of such adoption of said resolution has been served in accordance with Columbus City Code

Columbus City Bulletin (Publish Date 07/29/06) 282 of 408 Sec. 909.03; and,

WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Water, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, and for the immediate preservation of the public peace, property, health and safety; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That certain permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Britton/Cosgray 16" Water Main Project, (aka Holly River Ave. 12" Water Main from Janklow Ln. to Hayden Run Rd. & Britton/Cosgray Connector 16" Water Main from Hayden Run Rd. to CSXT Railroad 2005 abbreviation is: Britton/Cosgray 16" Water Main) pursuant to the power and authority granted to a municipal corporation by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:

PARCEL NO. 1-P PERPETUAL SUB-SURFACE UTILITY EASEMENT (Between elevations 920.00 feet and 930.00 feet) Situated in the State of Ohio, County of Franklin, City of Columbus, Survey No. 3453 of the Virginia Military District and being in that tract conveyed to New York Central Lines, LLC of record in Instrument Number 200212180325201 between elevations of 920.00 feet and 930.00 feet (elevations are based on NAVD88) and described as follows: Beginning at the northeast corner of that 93.195 acre tract conveyed to Dominion Homes, Inc. of record in Instrument Number 200409220221891, the east corner of that 2.268 acre tract conveyed to Dominion Homes, Inc. of record in Instrument Number 200411090257812, a corner to the remainder of that 161.25 acre tract conveyed to Rings Farms, Ltd. of record in Instrument Number 199901050002791, in the west railroad right-of-way line for said New York Central Lines, LLC; Thence N 39º 15' 59" W, with said west railroad right-of-way line, 47.50 feet; Thence N 83º 22' 17" E, across said railroad right-of-way, 78.38 feet to the east right-of-way line for said railroad; Thence S 39º 15' 59" E, with said east railroad right-of-way line, 47.50 feet; Thence S 83º 22' 17" W, across said railroad right-of-way, 78.38 feet to the Point Of Beginning, containing 0.072 acre, more or less. All references refer to the records of the Recorder's Office, Franklin County, Ohio. EMH&T, Inc., John C. Dodgion, P.S. No. 8069, 3/15/05. Franklin County Tax Parcel No. 010-265640.

Section 2. That the Council of the City of Columbus, Ohio, declares that the appropriation of said real property interests is necessary for the stated public purpose, and that the City of Columbus, Ohio, has been unable to agree with the owner(s) as to the just compensation to be paid by the City of Columbus, Ohio.

Section 3. That the Council of the City of Columbus, Ohio, hereby declares the value of the subject real property interests to be Two Thousand One Hundred Fifty Dollars ($2,150.00).

Section 4. That the City Attorney be and hereby is authorized to file a complaint for appropriation of real property, in a Court of competent jurisdiction, and to have a jury impaneled to make inquiry into and assess the just compensation to be paid for the foregoing described real property interests.

Section 5. That for the reasons state in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.

Columbus City Bulletin (Publish Date 07/29/06) 283 of 408 Legislation Number: 1361-2006

Drafting Date: 07/12/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This legislation authorizes the Finance and Management Director to enter into a professional services contract for the Facilities Management Division with URS Corporation Inc. Ohio for engineering consulting services in order to produce detailed plans for the new Police Division Heliport. The goal is to design a two story facility with the first floor at approximately 21,000 square feet and the second floor at approximately 10,000 square feet. The first floor is to have an entry/office area, an apparatus bay to properly store seven helicopters, and a maintenance area. The second story is to include a lounge, break area, training rooms, restrooms, a shower area, locker rooms, office areas, and a flight control room. The site is to include adequate parking, three landing pad tarmacs with jet fuel storage, fencing, lighting, and security. All of these design services are to include environmentally responsible components in compliance with the Mayor's policy directive "Get Green Columbus 2005: Environmental Stewardship in the 21st Century."

Responsibilities will also include progressive meetings with the City and the community through completion of agreed upon final product, complete zoning process, renderings, drawings, specifications, and the bid process. The construction administration phase will include shop drawings and submittal reviews, RFI and change order process, pay request review/approval, weekly site progress meetings, providing as built drawings/CAD files, with close out documentation upon completion of the project. The contract will also include an architectural contingency for City requested scope of work changes and unforeseen circumstances.

Formal Requests for Statements of Qualifications (RFSQ) were solicited by the City of Columbus in the City Bulletin from March 28, 2006 through April 10, 2006. The City received three minimally compliant proposals (1 MBE). A five-member evaluation committee reviewed the statements. Two members were from the Police Division, two members were from the Facilities Management Division, and one member was from the Equal Business Opportunity Commission.

The committee ranked the statements of qualifications as follows: URS Corporation Inc. Ohio 924; Moody-Nolan, Inc. (MBE) 695; Schorr Architects, Inc. 658.

The ordinance also authorizes the Finance and Management Director to enter into an agreement with Normar Enterprises, LLC to purchase 16.192 acres + of certain real property located in the vicinity of Fisher Road and Interstates 70 and 270. This real property will be the new location of the Division of Police Heliport. Relocation of the Heliport is required to meet the City's contractual agreements for the redevelopment of Gowdy Field, as required by Ordinance No. 0717-2006. This legislation authorizes the Finance and Management Director to execute those documents necessary to purchase the aforementioned real property and to expend cost relevant to its acquisition.

This ordinance also authorizes the transfer, appropriation, and expenditure of $1,160,000.00 from the Special Income Tax Fund to partially pay for this project. The Special Income Tax transfer and appropriation is a temporary measure until the City sells notes or bonds for this project.

Emergency action is requested so that work may begin as quickly as possible to improve Police Division operations throughout the City. In order to meet the contractual agreements required by Ordinance No. 0717-2006, work must begin as soon as possible.

Fiscal Impact: The Police Division received $8,000,000.00 in the 2006 Capital Improvement Budget for this project, to include professional services and construction. Bonds have yet to be sold; therefore a transfer of cash from the Special Income Tax Fund is necessary. The actual project will be bid once the engineering is complete. The total cost of this professional services contract is $640,000.00. URS Corporation, Inc. Ohio, Contract Compliance Number 34-0939859, expiration date 09/02/2007. The cost of the real property purchase is $520,000.00. The total cost of this ordinance is $1,160,000.00. Title

Columbus City Bulletin (Publish Date 07/29/06) 284 of 408 To authorize and direct the City Auditor to transfer $1,160,000.00 from the Special Income Tax Fund to the Safety Voted Bond Fund; to authorize the Finance and Management Director to enter into contract for the Facilities Management Division with URS Corporation, Inc. Ohio for professional services related to the construction of a new Police Division Heliport; to authorize the Finance and Management Director to execute those documents necessary to enter into a purchase agreement between the City of Columbus and the Normar Enterprises, LLC, for certain real property located in the vicinity of Fisher Road and Interstates 70 and 270; to authorize the expenditure of $1,160,000.00 from the Safety Voted Bond Fund, and to declare an emergency. ($1,160,000.00). Body WHEREAS, the City of Columbus desires to design a new Police Division Heliport to better meet the current and future needs of the residents of Columbus, and

WHEREAS, three firms submitted professional services proposals and URS Corporation, Inc. Ohio achieved the highest score from a five-person Evaluation Committee, and

WHEREAS, the City of Columbus desires to enter into an agreement with Normar Enterprises, LLC to purchase 16.192 acres + of certain real property located in the vicinity of Fisher Road and located in the vicinity of Fisher Road and Interstates 70 and 270, more fully described in the body of this legislation; and

WHEREAS, Normar Enterprises, LLC, owners of the subject real property, desire to sell to the City of Columbus; and

WHEREAS, The City needs to purchae subject real property in order to relocate the existing Police Heliport; and

WHEREAS, a transfer of funds from the Special Income Tax Fund is necessary to fund this project; and WHEREAS, the City will sell notes or bonds to fund this project and will reimburse the Special Income Tax Fund the amount transferred; and WHEREAS, the aggregate principal amount which the city will issue to finance this phase of the project is presently expected not to exceed $1,160,000.00; and WHEREAS, an emergency exists in the usual daily operation of the Finance and Management Department, Facilities Management Division, in that it is immediately necessary to authorize the Finance and Management Director to contract with URS Corporation Inc. Ohio for professional services associated with the design and construction administration of a new Police Division Heliport and to authorize the Finance and Management Director to purchase real property from Normal Enterprises, LLC, located in the vicinity of Fisher Road and Interstates 70 and 270, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the sum of $1,160,000.00 be and is hereby appropriated from the unappropriated balance of the Special Income Tax Fund, Fund 430, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2006 to the City Auditor, Department 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502. SECTION 2. That the City Auditor is hereby authorized to transfer said funds to the Safety Voted Bond Fund, Fund 701, at such time as is deemed necessary by the City Auditor, and to expend said funds, or so much thereof as may be necessary. SECTION 3. That the amount of $1,160,000.00 is hereby transferred and appropriated to the Police Division 30-03, Safety Voted Bond Fund, Fund 701, Heliport Project 330032, OCA 330032, Object Level Three Code 6600. SECTION 4. That upon obtaining other funds for the Heliport Project, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred under Section 2, above, and said funds are hereby deemed appropriated for such purpose. SECTION 5. That the City Auditor is authorized to establish proper accounting project numbers, and to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of funds transferred in Section 2, above. SECTION 6. The City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.

SECTION 7. That the Finance and Management Director is hereby authorized to contract with URS Corporation, Inc. Ohio for professional services associated with the design and construction administration of the new Police Division

Columbus City Bulletin (Publish Date 07/29/06) 285 of 408 Heliport.

SECTION 8. That the Finance and Management Director be, and hereby is, authorized to execute those documents as approved by the Department of Law, Real Estate Division, necessary for the purchase from Normar Enterprises, LLC certain the following described real property:

16.192 Acres +

Situated in the State of Ohio, County of Franklin, and in the City of Columbus, and being part of Surveys Nos. 3316 and 7325 Virginia Military Lands, also being all of that tract conveyed to Clara Krieger by Certificate of Transfer shown of record in Deed Book 2772, Page 282, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:

Beginning at an iron pin at the point of intersection of the northerly Right-of-Way line of Fisher Road with the westerly Limited Access Right-of-Way line of Interstate 270 (Ohio Dept. of Highways Plans FRA 270-0.00N/0.00S);

Thence S 1 deg. 59' 53" W., along the westerly Limited Access Right-of-Way line of Interstate 270 a distance of 98.00 feet to a point in the southerly line of the above mentioned tract shown of record in Deed Book 2772, Page 282 and in the centerline of Right-of-Way of Fisher Road;

Thence N. 76 deg. 45' 42" W., along the southerly line of said tract and along the centerline of Right-of-Way of Fisher Road, a distance of 860.67 feet to a point at the southwesterly corner of said tract;

Thence N. 11 deg. 27' 26" E., along the westerly line of said tract (passing an iron pin on line at 50.02 feet), a distance of 1,436.80 feet to an iron pin in the southerly Limited Access Right-of-Way line of Interstate 70 (460.83 feet right of station 165 + 60.97 of Interstate 70 as shown on Ohio Dept. of Highways Plans FRA-270-0.00N/0.00S);

Thence southeasterly along the westerly Limited Access Right-of-Way line of Interstate 270 the following courses:

S. 25 deg. 58' 30" E. a distance of 528.81 feet to a point.

S. 39 deg. 32' 02" E. a distance of 233.77 feet to a point,

S. 14 deg. 06' 55" E. a distance of 234.20 feet to a point,

S. 23 deg. 52' 06" E. a distance of 183.37 feet to a point,

S. 13 deg. 56' 51" E. a distance of 182.00 feet to a point, and

S. 0 deg. 02' 51" E. a distance of 280.18 feet to the place of beginning;

Containing 17.483 Acres of which 1.291 Acres are within the right-of-way limits of Fisher Road;

This description prepared by Roland L. Edwards, Registered Surveyor No. 4224.

EXCEPTING THEREFROM THE FOLLOWING:

Being a part of Virginia Military Survey Number 7325 and lying on the left side of the centerline of survey of the proposed improvements to Feder-Fisher Road, and being more particularly described as follows:

Columbus City Bulletin (Publish Date 07/29/06) 286 of 408 Beginning at a point in the grantor's easterly property line and in the existing northerly right-of-way line of Feder-Fisher Road, said point being 138.52 feet left of Station 111 + 61.69 in the above mentioned centerline of survey; thence along the grantor's easterly property line and the existing line of Limited Access of Interstate Route 270, South 02 deg. 00' 06" West 98.00 feet to a point 42.39 feet left of Station 111 + 80.76; thence along the grantor's southerly property line the following two courses: North 76 deg. 37' 23" West 31.85 feet to a point; thence North 76 deg. 42' 26" West 828.84 feet to a point 31.53 feet Left of Station 103 + 20.09; thence along the grantor's westerly property line North 11 deg. 29' 32" East 50.02 feet to a point 81.53 feet Left of Station 103 + 18.58; thence along the existing Northerly Right-of-Way line the following three courses: South 76 deg. 32' 36" East 131.13 feet to a point; thence South 77 deg. 58' 32" East 200.06 feet to a point; thence South 81 deg. 32' 40" East 513.63 feet to the point of beginning, containing 1.290 acres more or less, all occupied by the present road.

This description is based on survey made by E.S. Preston Assoc., Inc., prepared by R.J. Lehman, Registered Surveyor No. 1520.

SECTION 9. That the expenditure of $1,160,000.00, or so much thereof that may be necessary in regard to the action authorized in SECTIONS 7 and 8, be and is hereby authorized and approved as follows:

Division: 30-03 Fund: 701 OCA: 330032 Project: 330032 Object Level 1: 06 Object Level 3: 6681 Amount: $640,000.00

Division: 30-03 Fund: 701 OCA: 330032 Project: 330032 Object Level 1: 06 Object Level 3: 6601 Amount: $520,000.00

SECTION 10. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the mayor neither approves or vetoes the same.

Legislation Number: 1362-2006

Drafting Date: 07/12/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: This legislation authorizes the Finance and Management Director to enter into a professional services contract for the Facilities Management Division with Harris Design Services for professional architectural, engineering, and LEED Certification services associated with the design of a new Fire Station 35, to be located at the corner of Waggoner Road and Waggoner Grove Boulevard. This project will lead to the construction of a four bay fire station, with

Columbus City Bulletin (Publish Date 07/29/06) 287 of 408 Fire Station 34 as a proto-type. The new design will also provide a US Green Building Council LEED Certified building. This will be the second such fire station in the City of Columbus, after the new Fire Station 10, currently in the design phase. This is in compliance with the Mayor's policy directive "Get Green Columbus 2005: Environmental Stewardship in the 21st Century." The policy directive calls for the City to follow Leadership in Energy and Environmental Design (LEED) criteria when constructing, remodeling, or refurbishing public facilities.

Harris Design Services will be responsible for design and construction administration. The design phase will include the design of a facility to a LEED certified level, progressive meetings with the City and the community through completion of agreed upon final product, complete zoning process, renderings, drawings, specifications, and the bid process. The construction administration phase will include shop drawings and submittal reviews, RFI and change order process, pay request review/approval, weekly site progress meetings, providing as built drawings/CAD files, with close out documentation upon completion of the project. The contract will also include an architectural contingency for City requested scope of work changes and unforeseen circumstances.

Formal Requests for Statements of Qualifications (RFSQ) were solicited by the City of Columbus in the City Bulletin from March 28, 2006 through April 10, 2006. The City received six minimally compliant proposals (1 MBE, 1 MBR). A five-member evaluation committee reviewed the statements. Two members were from the Fire Division, two were from the Facilities Management Division, and one was from the Equal Business Opportunity Commission Office.

The committee ranked the statements of qualifications as follows: Harris Design Services (MBE) 862; Meacham & Apel Architects 815; Mull & Weithman Architects, Inc. 806; Cole + Russell Architects, Inc. 803; Schorr Architects 769; DLZ Ohio Inc. (MBR) 748.

Emergency action is requested so that work may begin as quickly as possible to improve Fire operations in this area of the City.

Fiscal Impact: The Fire Division received $3,900,000.00 in the 2006 Capital Improvement Budget for the completion of this project, including professional services and construction. The actual project will be bid once the engineering is complete. The total cost of this professional services contract is $415,000.00. Harris Design Services Contract Compliance Number 31-16568390, exp. 06/15/2007. Title To authorize the Finance and Management Director to enter into contract for the Facilities Management Division with Harris Design Services for professional services related to the construction of the new Fire Station 35, to be located at the corner of Waggoner Road and Waggoner Grove Boulevard, to authorize the expenditure of $415,000.00 from the Safety Voted Bond Fund, and to declare an emergency. ($415,000.00). Body WHEREAS, the Fire Division requires a new Fire Station on the corner of Waggoner Road and Waggoner Grove Boulevard to better serve the residents of Columbus, and

WHEREAS, six firms submitted proposals and Harris Design Services achieved the highest score from a five-person Evaluation Committee, and

WHEREAS, an emergency exists in the usual daily operation of the Finance and Management Department, Facilities Management Division, in that it is immediately necessary to authorize the Finance and Management Director to contract with Harris Design Services for professional services associated with the design and construction administration of a new Fire Station 35, to be located at Waggoner Road and Waggoner Grove Boulevard so that work may begin as quickly as possible to improve Fire operations in this area of the City; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Finance and Management Director is hereby authorized to contract with Harris Design Services for professional services associated with the design and construction administration of a new Fire Station 35, to be located at the corner of Waggoner Road and Waggoner Grove Boulevard.

Columbus City Bulletin (Publish Date 07/29/06) 288 of 408 SECTION 2. That the expenditure of $415,000.00, or so much thereof that may be necessary in regard to the action authorized in SECTION 1, be and is hereby authorized and approved as follows:

Division: 30-04 Fund: 701 Project: 340113 OCA Code: 340113 Object Level 1: 06 Object Level 3: 6681 Amount: $415,000.00

SECTION 3. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the mayor neither approves or vetoes the same.

Legislation Number: 1364-2006

Drafting Date: 07/12/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation BACKGROUND: The need exists to enter into an Enterprise Zone Agreement with DSW Inc. and 4300 Venture 34910 LLC (lessor) and to enter into a Jobs Creation Tax Credit Agreement with DSW Inc. The Ohio Enterprise Zone law O.R.C. Section 5709.62 (C) and Jobs Creation Tax Credit law (O.R.C. Section 718.158) require the City to enter into a Council-approved agreement between the City and participating companies.

DSW Inc. (DSW) is one of the fastest growing retailers in the country. DSW currently operates 204 retail stores in 33 states with plans to open 200 more stores in the near future. In order to accommodate this growth, DSW needs to expand its current headquarters.

DSW is proposing to build a new headquarters in Columbus. This new location is currently being used as warehouse space and is located at 4030 East Fifth Avenue, approximately 100 yards from their current headquarters located at 4150 East Fifth Avenue. The proposed project will convert 147,000 square feet of current warehouse space into a new headquarters. The project will include an investment of $6,500,000 in real property improvements, an investment of $2,000,000 in personal property (machinery & equipment, furniture & fixtures, and stand-alone computers), the retention of 195 (one hundred ninety-five) full-time permanent jobs, and the creation of 75 (seventy-five) new full-time permanent jobs.

The Department of Development recommends a 75%/10 year Enterprise Zone tax abatement on real property improvements, a 75%/3 year Enterprise Zone tax abatement on personal property under the City's Enterprise Zone Program and a 65%/8 year Jobs Creation Tax Credit.

The Columbus Public School District has been advised of this project.

FISCAL IMPACT: No funding is required for this legislation.

Title To authorize the Director of Development to enter into an agreement with DSW Inc. and 4300 Venture 34910 LLC (lessor) for a real estate tax abatement of 75% for a period of ten years and a personal property tax abatement of 75% for a

Columbus City Bulletin (Publish Date 07/29/06) 289 of 408 period of three years; to enter into an agreement with DSW Inc. for a 65%/8 year Jobs Creation Tax Credit in consideration of a proposed $6,500,000 investment in real property improvements, the investment of $2,000,000 in personal property, the retention of 195 full-time permanent jobs and the creation of 75 full-time permanent jobs; and to declare an emergency.

Body WHEREAS, the Columbus City Council authorized the designation of the Enterprise Zone by legislation, Ordinance Number 779-85, dated April 22, 1985; and subsequently amended the Zone by Ordinance Nos. 2722-85 in 1986; 2080-89 in 1989; 1949-92, 2609-92 and 2249-92 in 1992; 1079-94 and 1228-94 in 1994; 2196-95 and 2817-95 in 1995; 533-99 in 1999; 1785-00 in 2000; 1464-02 in 2002; and 225-03 in 2003; and

WHEREAS, the Director of the Development Department of the State of Ohio determined that the Columbus Enterprise Zone as amended by the aforementioned Ordinances continued to contain the characteristics set forth in Section 5709.61(A) of the Ohio Revised and recertifed said Zone in 1986, December 20, 1989, September 28, 1992, October 22, 1992, December 17, 1992, May 31, 1994, June 24, 1994, June 16, 1995, October 5, 1995, December 19, 1995, April 1, 1999, September 25, 2000, January 27, 2003 and most recently on August 19, 2003 as an "urban jobs and enterprise zone" under Chapter 5709 of the Ohio Revised Code; and

WHEREAS, pursuant to Section 122.17 of the Ohio Revised Code, the State of Ohio is authorized to establish the Tax Credit Authority and to execute agreements with taxpayers of the State of Ohio for the purpose of granting these taxpayers job creation tax credits against their corporate franchise or income tax, which tax credits are provided to create new jobs in the State of Ohio; and

WHEREAS, legislative approval is contingent upon a Jobs Creation Tax Credit being granted by the State of Ohio; and

WHEREAS, pursuant to Section 718.15 of the Ohio Revised Code a municipal corporation is authorized to grant local income tax credits to taxpayers who have received tax credits from the State; and

WHEREAS, DSW Inc. and 4300 Venture 34910 LLC plan to build a new headquarters for DSW Inc. at 4030 East Fifth Avenue in Columbus, a location approximately 100 yards from the current headquarters of DSW Inc. located at 4150 East Fifth Avenue by converting the 147,000 square feet of warehouse space into the new headquarters for DSW Inc.; and

WHEREAS, DSW Inc. and 4300 Venture 34910 LLC agree to invest approximately $6,500,000 in real property improvements within the City and invest in approximately $2,000,000 in personal property (machinery & equipment, furniture & fixtures, and stand-alone computers) within the City; and

WHEREAS, DSW Inc. agrees to retain 195 (one hundred ninety-five) full-time permanent jobs and create 75 (seventy-five) new full time permanent jobs; and

WHEREAS, receiving these tax incentives from the State and the City is a critical factor in the decision of DSW Inc. and 4300 Venture 34910 LLC to go forward with the project in the City of Columbus; and

WHEREAS, it is required by law to enter into a formal and binding agreement in order to provide and obtain both Enterprise Zone and Jobs Creation Tax Credit tax incentives in the State and City; and

WHEREAS, the City desires to enter into such agreements with DSW Inc. and 4300 Venture 34910 LLC to foster economic growth; and

WHEREAS, an emergency exists in the usual daily operations of the Department of Development in that it is immediately necessary to enter into contract with DSW Inc. and 4300 Venture 34910 LLC to facilitate this development project for the preservation of public health, peace, property and safety, NOW, THEREFORE,

Columbus City Bulletin (Publish Date 07/29/06) 290 of 408 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the City hereby finds and determines that the project will (1) create jobs in the State and City; (2) the project is economically sound and will benefit the people of the Stat and city by increasing opportunities for employment and strengthening the economy for the State and city; and (3) receiving the aforementioned tax incentives are a critical factor in the decision by DSW Inc. and 4300 Venture 34910 LLC to go forward with the project.

Section 2. That the Director of Development is hereby authorized to enter into (i) an Enterprise Zone Agreement with DSW Inc. and 4300 Venture 34910 LLC, and to provide therewith an exemption of seventy-five percent (75%) on real property improvements for a term of ten (10) tax years and an exemption of seventy-five percent (75%) on personal property investments for a term of three (3) tax years, and (ii) and Jobs Creation Tax Credit Agreement with DSW Inc. and to provide therewith a sixty-five percent (65%) Jobs Creation Tax Credit for a term of eight (8) tax years, in association with the project's proposed $8,500,000 investment, job retention, and job creation.

Section 3. That the City of Columbus Jobs Creation Tax Credit Agreement and Enterprise Zone Agreement must be signed by DSW Inc. within 90 days of passage of this ordinance, or the incentives authorized herein are null and void.

Section 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof the ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after the passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1373-2006

Drafting Date: 07/14/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation This ordinance authorizes the issuance of adjustable rate unlimited tax bonds in the amount not to exceed $79,980,000 for the Division of Sewerage and Drainage - Sanitary. This bond sale will be conducted on a negotiated basis and is a cooperative effort of the Department of Finance and Management and the City Auditor's Office. The bonds will fund various sanitary captial improvement projects. The bonds will be sold to JPMorgan Securities, Inc.

Title To authorize the issuance of adjustable rate unlimited tax bonds in the amount not to exceed $79,980,000.00 for sanitary sewers. ($79,980,000.00)

Section 55(B) of the City Charter.

Body WHEREAS, at the election held on November 2, 2004 on the proposition of issuing bonds for the purpose hereinafter stated in the sum of Ninety-Five Million Seven Hundred Eighty-Five Thousand Dollars ($95,785,000) and levying taxes outside the ten mill limitation to pay the principal of and interest on such bonds, the majority of those voting on the proposition voted in favor thereof; and

WHEREAS, it is now deemed necessary to issue and sell not to exceed $79,980,000 of bonds pursuant to such voted authority and under authority of the general laws of the State of Ohio, and in particular Section 133.23 of the Ohio Revised

Columbus City Bulletin (Publish Date 07/29/06) 291 of 408 Code, for the purpose of acquiring real estate and interests in real estate, landscaping and making site improvements, expanding and improving existing wastewater treatment facilities, constructing new wastewater treatment facilities, acquiring and improving instrumentation and control systems, sewer lines, pumping stations, lagoons and levees , constructing storm and sanitary sewer septations, and acquiring related machinery, equipment and appurtenances; and refunding bonds previously issued for such purpose; and

WHEREAS, the Fiscal Officer has certified to this Council that the estimated life of the improvement stated above which is to be financed from the proceeds of said bonds exceeds five (5) years and the maximum maturity of said bonds is twenty-five (25) years;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. Definitions When used in this Ordinance, and in addition to the words and terms elsewhere defined in this Ordinance, the following words and terms as used in this Ordinance shall have the following meanings unless the context or use indicates another or different meaning or intent, and such definitions shall be equally applicable to both the singular and plural forms of any of the words and terms herein defined:

"Agent Member" means a member of, or participant in, the Depository who shall act on behalf of a Bidder.

"All Hold Rate" means, as of any Auction Date, 55% of the Index in effect on such Auction Date.

"Alternate Liquidity Facility" means a bond purchase agreement, letter of credit, line of credit, revolving credit agreement or other agreement with the issuer of a Liquidity Facility, other than the initial Liquidity Facility Issuer, (i) that satisfies the requirements for such a facility as set forth in this Ordinance, and (ii) pursuant to which such Alternate Liquidity Facility Issuer agrees to purchase, or provide money to the Tender Agent for the payment of the purchase price of, the LFI Bonds that have been tendered or deemed tendered for purchase pursuant to Section 7 of this Ordinance and not remarketed. Any Alternate Liquidity Facility must provide that if the Tender Agent makes a drawing thereunder by 10:30 a.m., Eastern Time, on any Business Day, the Liquidity Facility Issuer will provide immediately available funds to the Tender Agent prior to 2:30 p.m., Eastern Time, on that Business Day.

"Auction" means each periodic implementation of the Auction Procedures.

"Auction Agent" means the auctioneer appointed in accordance with Section 9(k) and 9(l) hereof.

"Auction Agreement" means an agreement between the Auction Agent and the Bond Registrar pursuant to which the Auction Agent agrees to follow the procedures specified in Section 9 hereof with respect to the Bonds in the Auction Mode, as such agreement may from time to time be amended or supplemented.

"Auction Date" means (a) if the Bonds are in a daily Auction Period, each Business Day, (b) if the Bonds are in a Flexible Auction Period, the last Business Day of the Flexible Auction Period, and (c) if the Bonds are in any other Auction Period, the Business Day next preceding each Interest Payment Date for such Bonds (whether or not an Auction shall be conducted on such date); provided, however, that the last Auction Date with respect to the Bonds in an Auction Period other than a daily Auction Period or Flexible Auction Period shall be the earlier of (i) the Business Day next preceding the Interest Payment Date next preceding the Conversion Date for the Bonds and (ii) the Business Day next preceding the Interest Payment Date next preceding the final maturity date for the Bonds; and provided, further, that if the Bonds are in a daily Auction Period, the last Auction Date shall be the earlier of (x) the Business Day next preceding the Conversion Date for the Bonds and (y) the Business Day next preceding the final maturity date for the Bonds. The last Business Day of a Flexible Auction Period shall be the Auction Date for the Auction Period that begins on the next succeeding Business Day, if any. On the Business Day preceding the conversion from a daily Auction Period to another Auction Period, there shall be two Auctions, one for the last daily Auction Period and one for the first Auction Period following the conversion.

"Auction Mode" means that Interest Rate Mode in which the Bonds bear interest at the Auction Rate for an Auction Rate Period specified by the Municipality in accordance with the provisions of Section 9 of this Ordinance.

Columbus City Bulletin (Publish Date 07/29/06) 292 of 408 "Auction Mode Conversion Date" means the date on which the Bonds convert from an Interest Rate Mode other than an Auction Mode and begin to bear interest at the Auction Rate.

"Auction Period" means:

(a) a Flexible Auction Period;

(b) with respect to Bonds in a daily Auction Period, a period beginning on each Business Day and extending to but not including the next succeeding Business Day;

(c) with respect to Bonds in a seven-day Auction Period and with Auctions generally conducted on (i) Fridays, a period of generally seven days beginning on a Monday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on a Sunday) and ending on the next succeeding Sunday (unless such Sunday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (ii) Mondays, a period of generally seven days beginning on a Tuesday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on a Monday) and ending on the next succeeding Monday (unless such Monday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (iii) Tuesdays, a period of generally seven days beginning on a Wednesday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on a Tuesday) and ending on the next succeeding Tuesday (unless such Tuesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (iv) Wednesdays, a period of generally seven days beginning on a Thursday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on a Wednesday) and ending on the next succeeding Wednesday (unless such Wednesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), and (v) Thursdays, a period of generally seven days beginning on a Friday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on a Thursday) and ending on the next succeeding Thursday (unless such Thursday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day);

(d) with respect to Bonds in a 28-day Auction Period and with Auctions generally conducted on (i) Fridays, a period of generally 28 days beginning on a Monday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on a Sunday) and ending on the fourth Sunday thereafter (unless such Sunday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (ii) Mondays, a period of generally 28 days beginning on a Tuesday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on a Monday) and ending on the fourth Monday thereafter (unless such Monday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (iii) Tuesdays, a period of generally 28 days beginning on a Wednesday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on a Tuesday) and ending on the fourth Tuesday thereafter (unless such Tuesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (iv) Wednesdays, a period of generally 28 days beginning on a Thursday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on a Wednesday) and ending on the fourth Wednesday thereafter (unless such Wednesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), and (v) Thursdays, a period of generally 28 days beginning on a Friday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on a Thursday) and ending on the fourth Thursday thereafter (unless such Thursday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day);

(e) with respect to Bonds in a 35-day Auction Period and with Auctions generally conducted on (i) Fridays, a period of generally 35 days beginning on a Monday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on Sunday) and ending on the fifth Sunday thereafter (unless such Sunday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (ii) Mondays, a period of generally 35 days beginning on a Tuesday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on Monday) and ending on the fifth

Columbus City Bulletin (Publish Date 07/29/06) 293 of 408 Monday thereafter (unless such Monday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (iii) Tuesdays, a period of generally 35 days beginning on a Wednesday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on Tuesday) and ending on the fifth Tuesday thereafter (unless such Tuesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (iv) Wednesdays, a period of generally 35 days beginning on a Thursday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on Wednesday) and ending on the fifth Wednesday thereafter (unless such Wednesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), and (v) Thursdays, a period of generally 35 days beginning on a Friday (or the day following the last day of the prior Auction Period if the prior Auction Period does not end on Thursday) and ending on the fifth Thursday thereafter (unless such Thursday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day);

(f) with respect to Bonds in a three-month Auction Period, a period of generally three months (or shorter period upon a conversion from another Auction Period) beginning on the day following the last day of the prior Auction Period and ending on the calendar day immediately preceding the first Business Day of the month that is the third calendar month following the beginning date of such Auction Period; and

(g) with respect to Bonds in a six-month Auction Period, a period of generally six months (or shorter period upon a conversion from another Auction Period) beginning on the day following the last day of the prior Auction Period and ending on the next succeeding May 31 or November 30;

provided, however, that

(a) if there is a conversion of Bonds with Auctions generally conducted on Fridays (i) from a daily Auction Period to a seven-day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on the next succeeding Sunday (unless such Sunday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (ii) from a daily Auction Period to a 28-day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on the Sunday (unless such Sunday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day) which is more than 21 days but not more than 28 days from such date of conversion, and (iii) from a daily Auction Period to a 35 day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on Sunday (unless such Sunday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day) which is more than 28 days but no more than 35 days from such date of conversion;

(b) if there is a conversion of Bonds with Auctions generally conducted on Mondays (i) from a daily Auction Period to a seven-day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on the next succeeding Monday (unless such Monday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (ii) from a daily Auction Period to a 28-day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on the Monday (unless such Monday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day) which is more than 21 days but not more than 28 days from such date of conversion, and (iii) from a daily Auction Period to a 35 day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on Monday (unless such Monday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day) which is more than 28 days but no more than 35 days from such date of conversion;

(c) if there is a conversion of Bonds with Auctions generally conducted on Tuesdays (i) from a daily Auction Period to a seven-day Auction Period, the next Auction Period shall begin on the date of the conversion

Columbus City Bulletin (Publish Date 07/29/06) 294 of 408 (i.e., the Interest Payment Date for the prior Auction Period) and shall end on the next succeeding Tuesday (unless such Tuesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (ii) from a daily Auction Period to a 28-day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on the Tuesday (unless such Tuesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day) which is more than 21 days but not more than 28 days from such date of conversion, and (iii) from a daily Auction Period to a 35 day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on Tuesday (unless such Tuesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day) which is more than 28 days but no more than 35 days from such date of conversion;

(d) if there is a conversion of Bonds with Auctions generally conducted on Wednesdays (i) from a daily Auction Period to a seven-day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on the next succeeding Wednesday (unless such Wednesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (ii) from a daily Auction Period to a 28-day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on the Wednesday (unless such Wednesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day) which is more than 21 days but not more than 28 days from such date of conversion, and (iii) from a daily Auction Period to a 35 day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on Wednesday (unless such Wednesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day) which is more than 28 days but no more than 35 days from such date of conversion; and

(e) if there is a conversion of Bonds with Auctions generally conducted on Thursdays (i) from a daily Auction Period to a seven-day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on the next succeeding Thursday (unless such Thursday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day), (ii) from a daily Auction Period to a 28-day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on the Thursday (unless such Thursday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day) which is more than 21 days but not more than 28 days from such date of conversion, and (iii) from a daily Auction Period to a 35 day Auction Period, the next Auction Period shall begin on the date of the conversion (i.e., the Interest Payment Date for the prior Auction Period) and shall end on Thursday (unless such Thursday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day) which is more than 28 days but no more than 35 days from such date of conversion.

Notwithstanding the foregoing, if an Auction is for an Auction Period of more than seven days and the Auction Rate on such Auction Date is the Maximum Interest Rate because Sufficient Clearing Bids do not exist, the Auction Period will automatically change to a seven-day Auction Period.

"Auction Procedures" means the procedures for conducting Auctions for Bonds during an Auction Rate Period set forth in Section 9 hereof.

"Auction Rate" means for each Auction Period, (i) if Sufficient Clearing Bids exist, (A) the Winning Bid Rate, or (B) if all of the Bonds are the subject of Submitted Hold Orders, the All Hold Rate for the Bonds, and (ii) if Sufficient Clearing Bids do not exist, the rate determined in accordance with Section 9(e) hereof, provided that such rate shall not exceed the Maximum Interest Rate.

"Auction Rate Period" means, with respect to the Bonds in the Auction Mode, a period from and including the Conversion Date on which the Bonds are converted to the Auction Mode to and including the day which is specified by the

Columbus City Bulletin (Publish Date 07/29/06) 295 of 408 Municipality, in accordance with Section 9(b) hereof, as the last day of the Auction Rate Period.

"Authorized Denomination" means (i) when the Bonds are in the Daily Mode, Weekly Mode, Commercial Paper Mode, or Term Mode, $100,000 or any integral multiple of $5,000 in excess thereof, (ii) when the Bonds are in the Auction Mode, $25,000 and any integral multiple thereof, and (iii) when the Bonds are in the Fixed Rate Mode, $5,000 or an integral multiple thereof.

"Available Bonds" means on each Auction Date, the aggregate principal amount of Bonds that are not the subject of Submitted Hold Orders.

"Bid" has the meaning specified in Section 9(c) hereof.

"Bidder" means each Existing Owner and Potential Owner who places an Order.

"BMA Index" means, as of any date, the seven-day high grade market index of tax exempt variable rate demand obligations, as produced by Municipal Market Data or any successor thereto and published or made available by The Bond Market Association ("BMA"), or any person acting in cooperation or under the sponsorship of BMA, or, if such index is unavailable, then such other publicly available index or measurement of seven-day yields on high grade tax exempt variable rate demand obligations selected by the Municipality and agreed to by the Remarketing Agent.

"Bond Purchase Contract" means the Bond Purchase Contract between the Municipality and the Original Purchaser, providing for the sale of the Bonds to the Original Purchaser.

"Bond Register" means the books and records necessary for the registration, exchange and transfer of Bonds, maintained by the Bond Registrar pursuant to Section 11 of this Ordinance.

"Bond Registrar" means the Board of Trustees of the Sinking Fund of the City of Columbus, Ohio, or any national banking association or other appropriate institution appointed in accordance with Section 11 hereof.

"Bond Service Charges" means, for any period of time, the principal of (including mandatory sinking fund payments) and interest and any premium due on the Bonds for that period.

"Bondholder" or "holder" means the person in whose name a Bond is registered.

"Bonds" means the bonds of the Municipality authorized in Section 2 of this Ordinance.

"Book entry form" or "book entry system" means a form or system under which (i) the beneficial right to payment of principal of and interest and premium, if any, on the Bonds may be transferred only through a book entry and (ii) physical Bonds in fully registered form are issued only to a Depository or its nominee as registered owner, with the Bonds "immobilized" to the custody of the Depository, and the book entry is the record that identifies the owners of beneficial interests in those Bonds.

"Broker-Dealer" means any entity that is permitted by law to perform the function required of a Broker-Dealer described in Section 9 hereof, that is a member of, or a direct participant in, the Depository, that has been selected by the Municipality and that is a party to a Broker-Dealer Agreement with the Auction Agent.

"Broker-Dealer Agreement" means each agreement between the Auction Agent and a Broker-Dealer pursuant to which the Broker-Dealer agrees to participate in Auctions as set for in Section 9 of this Ordinance, as from time to time amended or supplemented.

"Broker-Dealer Deadline" means the internal deadline established by each Broker-Dealer after which it will not accept Orders or any change in any Order previously placed with such Broker-Dealer. Initially, the Broker-Dealer Deadline shall be 11:45 a.m. Eastern Time for any Auction in an Auction Period other than a daily Auction Period and 10:30 a.m. Eastern Time for any Auction in a daily Auction Period. Any Broker-Dealer may change the times referred to in the prior sentence

Columbus City Bulletin (Publish Date 07/29/06) 296 of 408 as they relate to such Broker-Dealer by giving notice to the Auction Agent. Notwithstanding the foregoing, the Broker-Dealer Deadline is implemented for the benefit of the Broker-Dealers and may be waived by any individual Broker-Dealer in any particular circumstance in the sole discretion of such Broker-Dealer.

"Business Day" means any day of the year other than: (a) a Saturday; (b) a Sunday; (c) a day on which banks in any city in which the Principal Office of the Tender Agent or the Principal Office of the Liquidity Facility Issuer, if any, is located are required or authorized by law to remain closed; (d) a legal holiday in the Municipality; or (e) a day on which The New York Stock Exchange is closed; provided, however, that while Bonds are in the Auction Mode, the term Business Day shall not include days on which the Auction Agent or any Broker-Dealer are not open for business.

"Certificate of Award" means the Certificate of Award described in Section 13 of this Ordinance.

"Clerk" means the Clerk of Council of the Municipality.

"Code" means the Internal Revenue Code of 1986, as amended, and references to the Code and Sections of the Code shall include relevant regulations and proposed regulations thereunder, and any successor provisions to such Sections , regulations or proposed regulations.

"Commercial Paper Mode" means that Interest Rate Mode in which the Bonds bear interest at an interest rate which is adjusted as determined by the Remarketing Agent pursuant to the provisions of Section 6 of this Ordinance.

"Commercial Paper Rate" means the interest rate for the Bonds established by the Remarketing Agent on the first Business Day of that Commercial Paper Rate Period.

"Commercial Paper Rate Period" means, with respect to the Bonds in the Commercial Paper Mode, a period from and including the Conversion Date on which the Bonds are converted to the Commercial Paper Mode to and including the day which is specified by the Municipality, in accordance with Section 6 of this Ordinance, as the last day of the Commercial Paper Rate Period.

"Conversion Date" means the day on which a particular type of Interest Rate (i.e., a Daily Rate, Weekly Rate, Commercial Paper Rate, Term Rate, Fixed Rate or Auction Rate), becomes effective for the Bonds which is immediately preceded by a day on which such Bonds did not accrue interest at that type of rate and, when used with respect to any Term Rate Period, the day after the end of such Term Rate Period. Each Conversion Date shall be an Interest Payment Date for the Rate Period from which the Bonds are converted, which shall be the last Interest Payment Date for the then current Term Rate Period if the conversion is from a Term Rate Period, except that any Business Day may be a Conversion Date from a Daily Rate or Weekly Rate Period. Conversion Dates shall be established in accordance with Sections 6, 8 and 9 of this Ordinance.

"Council" means the City Council of the Municipality.

"Daily Mode" means that Interest Rate Mode in which the Bonds bear interest at the Daily Rate for a Daily Rate Period specified by the Municipality in accordance with the provisions of Section 6 of this Ordinance.

"Daily Rate" means the interest rate for the Bonds established by the Remarketing Agent effective from and including the commencement date of that Daily Rate Period.

"Daily Rate Period" means, with respect to the Bonds in the Daily Mode, a period from and including the Conversion Date on which the Bonds are converted to the Daily Mode to and including the day which is specified by the Municipality, in accordance with Section 6 of this Ordinance, as the last day of the Daily Rate Period.

"Debt Service Levy" shall have the meaning set forth for such term in Section 3 of this Ordinance.

"Depository" means The Depository Trust Company (a limited purpose trust company), New York, New York, its successors and their assigns, and any successor depository appointed in accordance with Section 12 of this Ordinance.

Columbus City Bulletin (Publish Date 07/29/06) 297 of 408 Any successor depository shall be a clearing agency under federal law operating and maintaining, together with its participants, a book entry system to record beneficial ownership of obligations such as the Bonds, and to effect transfers of obligations such as the Bonds in book entry form.

"Director of Finance and Management" means the Municipality's Director of the Department of Finance and Management and any officer of the Municipality who succeeds to the functions thereof.

"Executive Officer" means the Mayor of the Municipality and any officer of the Municipality who succeeds to the function thereof.

"Existing Owner" means a Person who is listed as the beneficial owner of Bonds in the records of the Auction Agent; provided, however, that for purposes of conducting an Auction, the Auction Agent may consider a Broker-Dealer acting on behalf of its customer as an Existing Owner.

"Expiration Date" means the date established in the Liquidity Facility for the expiration thereof in accordance with its terms, the date set forth in the Certificate of Award, if any, and in the event such date is extended, such date as extended; or such earlier date, if any, on which the Liquidity Facility terminates pursuant to its terms or pursuant to subsection (e) of Section 15 of this Ordinance.

"Fiscal Officer" means the City Auditor of the Municipality and any officer of the Municipality who succeeds to the functions thereof. Break1 "First Optional Redemption Date" means the December 1 occurring in the year which is a number of years after the Conversion Date to the Fixed Rate Mode equal to the number of full years between the December 1 immediately following such Conversion Date (unless such Conversion Date is a December 1, in which case from such December 1) and December 1 of the year in which the Maturity Date occurs, multiplied by 1/2 and rounded up to the nearest whole number.

"Fitch" means Fitch Ratings, Inc., and any successor thereto, and if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating organization, "Fitch" shall be deemed to refer to any other nationally recognized securities rating organization approved by the Municipality.

"Fixed Interest " means a fixed non-adjustable interest rate on the Bonds to be bore by tBonds while the Bonds are in the Term Mode or the Fixed Rate Mode.

"Fixed Rate Mode" means that Interest Rate Mode in which the Bonds bear interest at the Fixed Interest Rate from the Conversion Date to the Maturity Date.

"Fixed Rate Period" means, with respect to the Bonds in the Fixed Rate Mode, the period from the Fixed Rate Conversion Date for such Bonds to the Maturity Date of the Bonds, unless earlier redeemed.

"Flexible Auction Period" means: (a) any period of 182 days or less which is divisible by seven and which begins on an Interest Payment Date and ends (i) in the case of Bonds with Auctions generally conducted on Fridays, on a Sunday unless such Sunday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day, (ii) in the case of Bonds with Auctions generally conducted on Mondays, on a Monday unless such Monday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day, (iii) in the case of Bonds with Auctions generally conducted on Tuesdays, on a Tuesday unless such Tuesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day, (iv) in the case of Bonds with Auctions generally conducted on Wednesdays, on a Wednesday unless such Wednesday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day, and (v) in the case of Bonds with Auctions generally conducted on Thursdays, on a Thursday unless such Thursday is not followed by a Business Day, in which case on the next succeeding day which is followed by a Business Day or (b) any period which is longer than 182 days which begins on an Interest Payment Date and ends not later than the final scheduled maturity date of such Bonds.

"Index" shall have the meaning specified in Section 9(h) hereof.

Columbus City Bulletin (Publish Date 07/29/06) 298 of 408 "Interest Accrual Period" means the period during which the Bonds accrue interest payable on any Interest Payment Date. With respect to Bonds in the Daily Mode, the Interest Accrual Period shall commence on (and include) the first day of each month and shall extend through (and include) the last day of such month; provided, that if such month is the month in which the Bonds were authenticated and delivered or were changed to the Daily Mode, the Interest Accrual Period shall commence on the date of authentication and delivery of the Bonds or the Conversion Date, as the case may be; provided, further, that if no interest has been paid on Bonds in the Daily Mode, interest shall accrue from the date of original authentication and delivery of the Bonds or the Conversion Date, as appropriate. With respect to Bonds in the Weekly Mode, the Interest Accrual Period shall commence on (and include) the first Thursday of each month and shall extend through (and include) the Wednesday preceding the first Thursday of the following month (or, if no interest has been paid in such Interest Rate Mode, from the date of original authentication and delivery of the Bonds, or the Conversion Date, as the case may be). With respect to Bonds in all Interest Rate Modes other than the Daily Mode or Weekly Mode, the Interest Accrual Period shall commence on the last Interest Payment Date to which interest has been paid (or, if no interest has been paid in such Interest Rate Mode, from the date of original authentication and delivery of the Bonds, or the Conversion Date, as the case may be) to, but not including, the Interest Payment Date on which interest is to be paid.

"Interest Determination Date" means (i) with respect to the Bonds in the Weekly Mode, the Wednesday immediately preceding the commencement of such Interest Period, if such day is not a Business Day, then the Interest Determination Date shall be the next preceding Business Day, (ii) with respect to the Bonds in the Daily Mode, the first Business Day of the Daily Rate Period to which it relates, (iii) with respect to the Bonds in the Commercial Paper Mode, Term Mode or Fixed Rate Mode, the Business Day immediately preceding the commencement date of such Interest Period, and (iv) for the first Interest Period following any conversion of the Bonds from the Term Mode to the Weekly Mode, the Business Day immediately preceding the first day of such Interest Period. There shall be no Interest Determination Date for the Interest Period beginning on the Original Issuance Date.

"Interest Payment Date" means (i) while the Bonds are in the Daily Mode, the first Business Day of each calendar month following a month in which interest at such rate has accrued, and any day which is a Conversion Date from a Daily Rate Period, (ii) while the Bonds are in the Weekly Mode, the first Thursday of each month, commencing on the date specified in the Certificate of Award, (iii) while the Bonds are in the Commercial Paper Mode, the day after the last day of each Commercial Paper Rate Period applicable thereto, (iv) while the Bonds are in the Term Mode or the Fixed Rate Mode, each June 1 and December 1, and (v) while the Bonds are in the Auction Mode, (a) when used with respect to any Auction Period other than a daily Auction Period or a Flexible Auction Period, the Business Day immediately following such Auction Period, (b) when used with respect to a daily Auction Period, the first Business Day of the month immediately succeeding such Auction Period, (c) when used with respect to a Flexible Auction Period of (i) seven or more but fewer than 183 days, the Business Day immediately following such Flexible Auction Period, or (ii) 183 or more days, each June 1, and December 1, and on the Business Day immediately following such Flexible Auction Period, and (d) the Maturity Date.

"Interest Period" means, the duration for which the Bonds remain in one Interest Rate Mode pursuant to Section 6 of this Ordinance prior to the conversion of the Bonds into another Interest Rate Mode.

"Interest Rate Mode" means any of those modes of interest with respect to the Bonds authorized by this Ordinance; specifically, the Daily Mode, the Weekly Mode, the Commercial Paper Mode, the Term Mode, the Fixed Rate Mode, and the Auction Mode.

"LIBOR Rate" means on any date of determination for any Auction Period, the offered rate for deposits in U.S. dollars for a one-month period which appears on the Bloomberg BTMM US at approximately 11:00 A.M., London time, on such date, or if such date is not a date on which dealings in U.S. dollars are transacted in the London interbank market, then on the next preceding day on which such dealings were transacted in such market.

"LFI Bonds" mean Bonds that have been purchased and are being held by or on behalf of the Liquidity Facility Issuer, if any, as a result of a draw on the Liquidity Facility pursuant to subsection (g) of Section 7 of this Ordinance.

"LFI Tender Date" means the date on which all Bonds are to be purchased in accordance with subsection (b) of Section 7 of this Ordinance as a result of the delivery of a LFI Notice of Default.

Columbus City Bulletin (Publish Date 07/29/06) 299 of 408 "LFI Notice of Default" means a written notice from the Liquidity Facility Issuer to the Municipality and the Tender Agent stating that (i) an event of default under the Liquidity Facility has occurred; and (ii) that the Liquidity Facility will terminate on the date set forth in the notice.

"Liquidity Facility" means a bond purchase agreement, letter of credit, line of credit, revolving credit agreement or other agreement with a Liquidity Facility Issuer, (i) that satisfies the requirements for such a facility as set forth in this Ordinance, and (ii) pursuant to which the Liquidity Facility Issuer agrees to purchase, or provide money to the Tender Agent for the payment of the purchase price of, the LFI Bonds that have been tendered or deemed tendered for purchase pursuant to Section 7 of this Ordinance and not remarketed. After the delivery of an Alternate Liquidity Facility to the Tender Agent pursuant to Section 15 of this Ordinance, the Alternate Liquidity Facility shall become the Liquidity Facility.

"Liquidity Facility Event" means (a) an Expiration Date, or (b) the effective date of an Alternate Liquidity Facility delivered to the Tender Agent pursuant to Section 15 of this Ordinance if Rating Maintenance Letters from the Rating Agencies have not been delivered to the Tender Agent and the Bond Registrar in connection with such Alternate Liquidity Facility.

"Liquidity Facility Issuer" means the issuer of the Liquidity Facility, if any, and after the delivery of any Alternate Liquidity Facility, the issuer of the Alternate Liquidity Facility.

"Liquidity Facility Rate" means the rate of interest per annum to be borne by the LFI Bonds, as determined in accordance with the Liquidity Facility, if any, then in effect; provided, however, that such rate shall not exceed the maximum rate permitted by applicable law.

"Mandatory Redemption Dates" means December 1 in the years, if any, specified in the Certificate of Award, which are dates on which the Bonds are to be redeemed pursuant to the mandatory sinking fund redemption requirements set forth in Section 5 of this Ordinance.

"Maturity Date" means the stated maturity date of the Bonds specified in the Certificate of Award, which date shall not be later than December 1, 2031.

"Maximum Interest Rate" means the lesser of (a) fifteen percent (15%) per annum, and (b) the maximum rate permitted by applicable law.

"Maximum Liquidity Rate" means the maximum interest rate set forth in the Liquidity Facility, if any, which shall not be less than eight percent (8%) per annum.

"Moody's" means Moody's Investors Service, Inc., and any successor thereto, and if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating organization, "Moody's" shall be deemed to refer to any other nationally recognized securities rating organization approved by the Municipality.

"Municipality" means the City of Columbus, Ohio.

"Order" means a Hold Order, Bid or Sell Order.

"Original Issuance Date" means the date on which the Bonds are first authenticated and delivered pursuant to the Bond Purchase Contract, which date shall be set forth in the Certificate of Award.

"Original Purchaser" means JPMorgan Securities Inc.

"Potential Owner" means any Person, including any Existing Owner, who may be interested in acquiring a beneficial interest in the Bonds in addition to the Bonds currently owned by such Person, if any.

"Purchase Price" means the amount paid by the Original Purchaser to the Municipality as consideration for the Bonds, which amount shall be set forth in the Certificate of Award, but such amount shall not be less than the par amount of the Bonds.

Columbus City Bulletin (Publish Date 07/29/06) 300 of 408 "Rating Agency" means Moody's, S&P or Fitch.

"Rating Maintenance Letter" means a letter from a Rating Agency to the Municipality, the Bond Registrar, the Tender Agent and the Remarketing Agent stating that the Rating Agency has reviewed a proposed Alternate Liquidity Facility and that substitution of such Alternate Liquidity Facility for the Liquidity Facility will not by itself result in a withdrawal , suspension or reduction of any of the Rating Agency's current ratings for the Bonds.

"Record Date" means (i) while the Bonds are in the Commercial Paper Mode, Daily Mode, or Weekly Mode, the close of business on the day (whether or not a Business Day) immediately preceding an Interest Payment Date, (ii) while the Bonds are in the Auction Mode, the close of business on the first Business Day immediately preceding an Interest Payment Date, or (iii) while the Bonds are in a Fixed Rate Mode or Term Mode, the day that is fifteen (15) days preceding the related Interest Payment Date.

"Remarketing Agent" means the Remarketing Agent identified in Section 16 of this Ordinance, and any successor Remarketing Agent appointed in accordance with Section 16 of this Ordinance. "Principal Office" of the Remarketing Agent means the office or offices designated from time to time as such by the Remarketing Agent in writing to the Municipality and the Tender Agent.

"Remarketing Agent Agreement" means the written agreement between the Municipality and the Remarketing Agent, authorized by Section 16 of this Ordinance, and any and all modifications, alterations, amendments and supplements thereto, and includes any agreement between the Municipality and a successor Remarketing Agent.

"S&P" means Standard & Poor's Ratings Services, a division of The McGraw Hill Companies, Inc., and any successor thereto, and if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating organization, "S&P" shall be deemed to refer to any other nationally recognized securities rating organization approved by the Municipality.

"Sell Order" has the meaning specified in Section 9(c) hereof.

"Submission Deadline" means 1:00 p.m., Eastern Time, on each Auction Date not in a daily Auction Period and 11:00 a.m., Eastern Time, on each Auction Date in a daily Auction Period, or such other time on such date as shall be specified from time to time by the Auction Agent pursuant to the Auction Agreement as the time by which Broker-Dealers are required to submit Orders to the Auction Agent.

"Submitted Bid" has the meaning specified in Section 9(e) hereof.

"Submitted Hold Orders" has the meaning specified in Section 9(e) hereof.

"Submitted Order" has the meaning specified in Section 9(e) hereof.

"Submitted Sell Order" has the meaning specified in Section 9(e) hereof.

"Sufficient Clearing Bids" means an Auction for which the aggregate principal amount of such Bonds that are the subject of Submitted Bids by Potential Owners specifying one or more rates not higher than the Maximum Interest Rate is not less than the aggregate principal amount of such Bonds that are the subject of Submitted Sell Orders and of Submitted Bids by Existing Owners specifying rates higher than the Maximum Interest Rate.

"Tender Agent" means the Tender Agent identified in the Certificate of Award, and any successor Tender Agent appointed in accordance with Section 17 of this Ordinance. "Principal Office" of the Tender Agent means the office or offices designated from time to time as such by the Tender Agent in writing to the Municipality and the Remarketing Agent.

"Tender Agent Agreement" means the written agreement between the Municipality and the Tender Agent, authorized by Section 17 of this Ordinance, and any and all modifications, alterations, amendments and supplements thereto, and

Columbus City Bulletin (Publish Date 07/29/06) 301 of 408 includes any agreement between the Municipality and a successor Tender Agent.

"Term Mode" means that Interest Rate Mode in which the Bonds bear interest at the Fixed Interest Rate for a Term Rate Period specified by the Municipality in accordance with the provisions of Section 6 of this Ordinance.

"Term Rate" means that interest rate to be determined for the Bonds for a term of at least six months pursuant to Section 6 of this Ordinance.

"Term Rate Period" means, with respect to Bonds in the Term Mode, a period from and including the Conversion Date on which the Bonds are converted to the Term Mode to and including the day which is specified by the Municipality, in accordance with Section 6 of this Ordinance, as the last day of the Term Rate Period. The last day of a Term Rate Period shall be no later than May 31 of the year in which the Maturity Date occurs.

"Weekly Mode" means that Interest Rate Mode in which the Bonds bear interest at an interest rate that is adjusted weekly in accordance with the provisions of Section 6 of this Ordinance.

"Weekly Rate" means that interest rate to be determined for the Bonds on a weekly basis pursuant to Section 6 of this Ordinance.

"Weekly Rate Period" means, with respect to the Bonds in the Weekly Mode, a period from and including the Conversion Date on which the Bonds are converted to the Weekly Mode to and including the day which is specified by the Municipality, in accordance with Section 6 of this Ordinance, as the last day of the Weekly Rate Period.

"Winning Bid Rate" means the lowest rate specified in any Submitted Bid of Bonds that, if selected by the Auction Agent as the Auction Rate, would cause the aggregate principal amount of such Bonds that are the subject of Submitted Bids specifying a rate not greater than such rate to be not less than the aggregate principal amount of Available Bonds of such Bonds.

SECTION 2. Authorization of the Bonds Bonds of the Municipality shall be issued in an aggregate principal of not to exceed Seventy-Nine Million Nine Hundred Eighty Thousand Hundred Dollars ($79,980,000) (the "Bonds") or such lesser amount as shall be determined by the Director of Finance and Management or Fiscal Officer and certified to the Council, for the purpose set forth above and for paying the cost of advertising, printing and legal services and other costs incidental thereto. The Bonds shall be issued in one lot. The Bonds shall be designated "City of Columbus, Ohio Sanitary Sewer Adjustable Rate Unlimited Tax Bonds, Series 2006-1".

SECTION 3. Levy of Tax There shall be and is hereby levied annually on all the taxable property in the Municipality, in addition to all other taxes and outside the ten mill limitation, a direct tax (the "Debt Service Levy") for each year during which any of the Bonds are outstanding, for the purpose of providing, and in an amount which is sufficient to provide, funds to pay interest upon the Bonds as and when the same falls due and to provide a fund for the repayment of the principal of the Bonds at maturity or upon redemption. Except as provided in Section 4 hereof, the Debt Service Levy shall not be less than the interest and sinking fund tax required by Article XII, Section 11 of the Ohio Constitution.

SECTION 4. Collection of Tax; Source of Payment (a) The Debt Service Levy shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers, in the same manner, and at the same time that taxes for general purposes for each of such years are certified, extended and collected. The Debt Service Levy shall be placed before and in preference to all other items and for the full amount thereof. The funds derived from the Debt Service Levy shall be placed in a separate and distinct fund, which shall be irrevocably pledged for the payments of the premium, if any, and interest on and principal of the Bonds when and as the same fall due. Notwithstanding the foregoing, if the Municipality determines that funds will be available from other sources for the payment of the Bonds in any year, the amount of the Debt Service Levy for such year shall be reduced by the amount of funds which will be so available, and the Municipality shall appropriate such funds to the payment of the Bonds in accordance with law.

Columbus City Bulletin (Publish Date 07/29/06) 302 of 408 (b) For purposes of preparing the Municipality's annual budget for any year, commencing in 2007, in which the Bonds are, or are to be, in the Daily Mode, Weekly Mode, Commercial Paper Mode, or Auction Mode, the amount to be included in the budget and appropriated for Bond Service Charges shall be determined by assuming that the interest rate applicable to the Bonds when they are, or are to be, in the Daily Mode, Weekly Mode, Commercial Paper Mode, or Auction Mode is equal to the sum of two percent (2%) plus the greater of (a) the average rate per annum borne by the Bonds during that portion of the ninety day period ending on the last day of the month preceding the month in which the appropriation is made in which the Bonds were in the Daily Mode, Weekly Mode, Commercial Paper Mode, or Auction Mode, or (b) the average rate per annum borne by the Bonds during that portion of the twelve month period (or such shorter period during which the Bonds were outstanding) ended September 30th of the year preceding the budget year in which the Bonds were in the Daily Mode, Weekly Mode, Commercial Paper Mode, or Auction Mode.

SECTION 5. Form; Maturity and Redemption (a) The Bonds shall be issued only as fully registered bonds in an Authorized Denomination but not exceeding the aggregate principal amount of Bonds; shall be numbered as determined by the Bond Registrar; shall be dated the Original Issuance Date; shall bear interest payable on Interest Payment Dates, until the principal sum is paid or payment is provided for; shall bear interest at the rates determined pursuant to Section 6 of this Ordinance; and shall mature on the Maturity Date and be subject to mandatory sinking fund redemption in the amounts and on the dates set forth in the Certificate of Award. If any Interest Payment Date, Mandatory Redemption Date, if any, or Maturity Date is not a Business Day, the payment of Bond Service Charges otherwise due and payable on that day may be made on the next succeeding Business Day with the same force and effect as if made on such Interest Payment Date, Mandatory Redemption Date or Maturity Date.

(b) While the Bonds are in the Daily Mode or Weekly Mode, the Bonds shall be subject to redemption, at the option of the Municipality, on any Business Day, in whole or in part in an Authorized Denomination at a redemption price equal to 100% of the principal amount redeemed, plus accrued interest to the redemption date.

(c) While the Bonds are in the Commercial Paper Mode, the Bonds shall be subject to redemption, at the option of the Municipality, on any Interest Payment Date, in whole or in part in an Authorized Denomination at a redemption price equal to 100% of the principal amount redeemed, plus accrued interest to the redemption date.

(d) While the Bonds are in the Term Mode, the Bonds shall be subject to redemption, at the option of the Municipality, on the Interest Payment Date immediately following the end of the Term Rate Period, in whole or in part in an Authorized Denomination at a redemption price equal to 100% of the principal amount redeemed, plus accrued interest to the redemption date.

(e) While the Bonds are in the Auction Mode, the Bonds shall be subject to redemption, at the option of the Municipality, on the Interest Payment Date immediately following the end of the Auction Rate Period, in whole or in part in an Authorized Denomination, at a redemption price equal to 100% of the principal amount redeemed, plus accrued interest to the redemption date; provided that after any optional redemption, if any Bonds then bear interest at the Auction Rate, then there shall be not less than $10,000,000 in aggregate principal amount of the Bonds bearing interest at the Auction Rate unless otherwise consented to by the Broker-Dealers.

(f) While the Bonds are in the Fixed Rate Mode, the Bonds shall be subject to redemption, at the option of the Municipality, on any Business Day on or after the First Optional Redemption Date, in whole or in part in an Authorized Denomination at a redemption price equal to 100% of the principal amount redeemed plus accrued interest to the redemption date.

(g) If specified in the Certificate of Award, the Bonds are subject to mandatory sinking fund redemption at a redemption price equal to 100% of the principal amount redeemed plus accrued interest to the redemption date on the Mandatory Redemption Dates and in the principal amounts to be set forth in the Certificate of Award.

(h) The Municipality shall have the option to deliver to the Bond Registrar for cancellation Bonds in any aggregate principal amount and to receive a credit against the then current mandatory sinking fund requirement for Bonds (and corresponding mandatory redemption obligation) of the Municipality. A credit against the then current mandatory sinking fund requirement (and corresponding mandatory redemption obligation) also shall be received by the Municipality

Columbus City Bulletin (Publish Date 07/29/06) 303 of 408 for any Bonds, which prior thereto have been redeemed (other than through the operation of the mandatory sinking fund requirements) or purchased for cancellation and canceled by the Bond Registrar, to the extent not applied theretofore as a credit against any redemption obligation.

(i) Each Bond so delivered, previously redeemed, or purchased and canceled, shall be credited by the Bond Registrar at 100% of the principal amount thereof against the then current mandatory sinking fund obligation of Bonds . Any excess of that amount over the then current mandatory sinking fund requirement shall be credited against subsequent mandatory sinking fund redemption obligations with respect to the Bonds in the order directed by the Municipality.

(j) If fewer than all of the Bonds are to be redeemed, the selection of Bonds to be redeemed, or portions thereof in an Authorized Denomination, shall be made by the Bond Registrar in any such manner as the Bond Registrar may determine, except that LFI Bonds shall be redeemed prior to the redemption of any other Bonds. In the case of a partial redemption of Bonds by lot when Bonds of denominations greater than the minimum Authorized Denomination are then outstanding, each Authorized Denomination unit of principal thereof shall be treated as though it were a separate Bond of the minimum Authorized Denomination. If it is determined that one or more, but not all of the minimum Authorized Denomination units of principal amount represented by a Bond are to be called for redemption, then upon notice of redemption of an Authorized Denomination unit or units, the Bondholder of that Bond shall surrender the Bond to the Bond Registrar (i) for payment of the redemption price of the Authorized Denomination unit or units called for redemption (including without limitation, the interest accrued to the date fixed for redemption and any Bondholder premium), and (ii) for issuance, without charge to the Bondholder thereof, of a new Bond or Bonds in an Authorized Denomination in an aggregate principal amount equal to the unmatured and unredeemed portion of the Bond surrendered. break2 (k) The right of redemption shall be exercised by notice specifying by numbers the Bonds to be called, the redemption price to be paid, the date fixed for redemption and the places where amounts due upon such redemption are payable. The Bond Registrar shall cause such notice to be given by first class mail, postage prepaid, to the holder or holders of the Bonds to be redeemed, mailed to the address shown on the registration books. Such notice may set forth any additional information relating to such redemption. Such notice shall be given at least fifteen (15) days prior to the redemption date if the Bonds are in the Daily Mode, Weekly Mode, Commercial Paper Mode or Auction Mode and at least thirty (30) days prior to the redemption date if the Bonds are in the Term Mode or the Fixed Rate Mode. All Bonds so called for redemption shall cease to bear interest on the redemption date, provided moneys for the redemption of said Bonds are on deposit at the office of the Bond Registrar at that time. If, because of the temporary or permanent suspension of regular mail service, or for any other reason, it is impossible or impractical to give such notice of redemption by mail in the manner herein provided, then such other manner of giving notice in lieu thereof as the Bond Registrar shall, in its discretion, select shall constitute a sufficient notice. Any defect in the notice or any failure to give or receive such notice with respect to any Bond shall not affect the validity of any proceedings for the redemption of any other Bond.

SECTION 6. Interest Rates (a) The initial Interest Rate Mode for the Bonds shall be specified in the Certificate of Award, and for the first Interest Period, the Bonds shall bear interest at the rate per annum set forth in the Certificate of Award. Thereafter, the Interest Rate Mode may be changed from the Interest Rate Mode specified in the Certificate of Award to the Daily Mode, Weekly Mode, Commercial Paper Mode, Term Mode or the Auction Mode, and vice versa, in which event the Bonds shall bear interest at the applicable Interest Rate as determined in this Section. Subsequent to the conversion of the Bonds to the Fixed Rate Mode as determined in Section 8 of this Ordinance, no further changes in Interest Rate Mode shall be permitted. Additional provisions with respect to the initial Interest Rate Mode shall be specified in the Certificate of Award.

(b) For each Interest Period while the Bonds are in the Weekly Mode, the interest rate on the Bonds shall be a rate determined by the Remarketing Agent, in its discretion, to be the rate that, if borne by all Bonds, would, in the judgment of the Remarketing Agent, having due regard to prevailing financial market conditions, be the interest rate necessary (but not in excess of the interest rate necessary) to enable the Remarketing Agent to remarket all outstanding Bonds on the first day of such Interest Period at a price equal to 100% of the principal amount thereof. A Weekly Rate Period shall commence on the Thursday in each calendar week to and including the Wednesday in the following week, except that (i) the first Interest Period shall be the period from and including the Original Issuance Date to and including the Wednesday identified in the Certificate of Award as the last day of the first Interest Period, and (ii) the first Interest

Columbus City Bulletin (Publish Date 07/29/06) 304 of 408 Period following any conversion of the Bonds from the Term Mode to the Weekly Mode shall be the period from and including the day on which the Bonds convert to the Weekly Mode to and including the next succeeding Wednesday. If, for any Interest Period, the Remarketing Agent fails to determine the interest rate to be borne by the Bonds as provided for in this Section 6, the interest rate for such Interest Period shall be equal to the BMA Index on the Interest Determination Date for the Interest Period.

(c) For each Interest Period while the Bonds are in the Daily Mode, the interest rate on the Bonds shall be a rate determined by the Remarketing Agent, in its discretion, to be the rate that, if borne by all Bonds, would, in thejdmnt of the Remarketing Agent, having due regard to prevailing financil market conditions, be the interest rate necessary (but not in excess of the interest rate necessary) to enable the Remarketing Agent to remarket all outstanding Bonds on the first day of such Interest Period at a prc qual to 100% of the principal amount thereof. A Daily Rate Period shall commence on a Daily Rate Conversion Date, which shall be a Business Day, and thereafter on each Business Day until the type of Rate Period of the Bonds is converted to another type of Rate Period and shall extend to, but not include, the next succeeding Business Day. The Daily Rate Period shall be made available to the Municipality, the Bond Registrar, the Liquidity Facility Issuer, if any, and the Tender Agent on the Interest Determination Date for such Interest Period.

(d) For each Interest Period while the Bonds are in the Commercial Paper Mode, the interest rate on the Bonds shall be a rate determined by the Remarketing Agent on or prior to the first Business Day of such Commercial Paper Rate Period, in its discretion, to be (i) the rate that will produce the greatest likelihood of the lowest net interest cost during the term of the Bonds, and (ii) the interest rate necessary (but not in excess of the interest rate necessary) to enable the Remarketing Agent to remarket all outstanding Bonds on the first day of such Interest Period at a price equal to 100% of the principal amount thereof. The Commercial Paper Rate Period shall be from one to 365 days in length, shall not exceed the remaining number of days prior to the Conversion Date if the Remarketing Agent has given or received notice of any conversion to a different Interest Rate Period, shall commence on a Business Day, shall end on a day preceding a Business Day or in any event, no later than the day preceding the Maturity Date. The Commercial Paper Rate Period shall be made available to the Municipality, the Bond Registrar, the Liquidity Facility Issuer, if any, and the Tender Agent on the Interest Determination Date for such Interest Period.

(e) For each Interest Period while the Bonds are in the Term Mode, the interest rate on the Bonds shall be a rate determined by the Remarketing Agent, in its discretion, to be the rate that, if borne by all Bonds, would, in the judgment of the Remarketing Agent, having due regard to prevailing financial market conditions, be the interest rate necessary (but not in excess of the interest rate necessary) to enable the Remarketing Agent to remarket all outstanding Bonds on the first day of such Interest Period at a price equal to 100% of the principal amount thereof. A Term Rate Period shall commence on a Term Rate Conversion Date and subsequently on a May 15 or November 15 (whichever next follows the Term Rate Conversion Date if the Term Rate Conversion Date is not a May 15 or November 15, or on the same such day if the Term Rate Conversion Date is a May 15 or November 15) which is at least six (6) calendar months after the Term Rate Conversion Date, and end on the earliest of (i) the day preceding (a) either the commencement date of the following Term Rate Period or (b) the Conversion Date on which a different Rate Period shall become effective; or (ii) the Maturity Date. The Term Rate for each Term Rate Period shall be effective from and including the commencement date thereof and remain in effect to and including the last day thereof. The Term Rate Period shall be made available to the Municipality, the Bond Registrar, the Liquidity Facility Issuer, if any, and the Tender Agent on the Interest Determination Date for such Interest Period.

(f) For each Interest Period while the Bonds are in the Auction Mode, the interest rate on the Bonds shall be a rate determined by the Auction Agent pursuant to the provisions set forth in Section 9 of this Ordinance.

(g) The Bonds bearing interest at the Fixed Rate may not be converted to any other type of Rate Period and shall not be secured by any Liquidity Facility. The Fixed Rate shall be that interest rate set forth in a firm underwriting or bond purchase contract from a recognized firm of bond underwriters or recognized institutional investors, which may be the Remarketing Agent, offering to underwrite or purchase the Bonds at a rate of 100% of the principal amount thereof at an agreed upon interest rate for the Bonds to be converted to the Fixed Rate. The Fixed Rate Period shall commence on a Fixed Rate Conversion Date and shall extend to the Maturity Date for the Bonds, accruing interest at such Fixed Rate, unless earlier redeemed. The Fixed Rate Period shall be made available to the Municipality, the Bond Registrar, and the Tender Agent on the Interest Determination Date for such Interest Period.

Columbus City Bulletin (Publish Date 07/29/06) 305 of 408 (h) While the Bonds are in the Daily Mode, Weekly Mode, or Commercial Paper Mode, interest shall be computed on the basis of a year of 365 or 366 days, as appropriate, and on the actual number of days elapsed. While the Bonds are in the Term Mode or the Fixed Rate Mode, interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months. While the Bonds are in the Auction Mode, interest shall be computed on the basis of a 360-day year for the actual number of days elapsed, except in the case of an Auction Period of 180 days or more (a "Special Auction Period"), in which case it will be computed on the basis of twelve 30-day months.

(i) Notwithstanding anything to the contrary contained in this Ordinance, each LFI Bond shall bear interest (i) on the principal amount thereof at the Liquidity Facility Rate for each day it is an LFI Bond, (ii) on any interest that accrued on such Bond to but excluding the date it became an LFI Bond (the "Purchase Date"), but only to the extent that such accrued interest was included in the price for such Bond on the Purchase Date, at the Liquidity Facility Rate for each day from and including the Purchase Date to but excluding the first Interest Payment Date after the Purchase Date, and (iii) on any overdue interest on such Bond (including, without limitation, interest described in clause (ii) that is not paid on the first Interest Payment Date after the Purchase Date) for each day until paid, at the Liquidity Facility Rate for such day. All interest on an LFI Bond shall be payable on the Interest Payment Dates, on the date that such LFI Bond ceases to be an LFI Bond, on the date of redemption or maturity, and after maturity on demand of the Liquidity Facility Issuer.

(j) Notwithstanding anything to the contrary contained in this Ordinance, prior to the Expiration Date and while the Bonds are in the Daily Mode, Weekly Mode, or Commercial Paper Mode, the interest rate borne by the Bonds other than LFI Bonds shall not exceed the Maximum Liquidity Rate.

(k) Notwithstanding anything to the contrary contained in this Ordinance, in the event that the Municipality purchases Bonds in accordance with the provisions of Section 7(g) of this Ordinance, the interest rate borne by such Bonds during the period that such Bonds are held by the Municipality shall be the higher of (1) the prime rate of JPMorgan Chase Bank, N.A., and any successor thereto, as of the date of purchase or (2) 3% over the Federal Funds target rate published in the Wall Street Journal as of the date of purchase; provided, however, that, in no event shall the interest rate on such Bonds exceed the maximum rate permitted by applicable law.

(l) The determination of the interest rate borne by the Bonds as provided in this Section 6 with respect to the Bonds in the Daily Mode, Weekly Mode, Commercial Paper Mode, Term Mode, Fixed Rate Mode, or the Auction Mode shall be conclusive and binding upon the Municipality, the Bond Registrar, the Remarketing Agent, the Tender Agent, the Liquidity Facility Issuer, if any, and the holders of the Bonds.

SECTION 7. Purchase of Bonds. (a) A Bond in the Daily Mode or Weekly Mode, other than an LFI Bond, shall be purchased, on the demand of the holder thereof, (i) on any Business Day at a purchase price equal to the principal amount thereof plus accrued interest, if any, to the date of purchase, upon delivery of an irrevocable written notice of tender not later than 5:00 p.m. Eastern Time, substantially in the form of Exhibit A attached to this Ordinance, or irrevocable telephonic notice of tender promptly confirmed in writing, to the Remarketing Agent at its Principal Office, which notice states the date on which such Bond shall be purchased pursuant to this subsection, which date shall be any Business Day prior to the seventh (7th) day next succeeding the date of the delivery of such notice if the Bonds are in a Weekly Mode, and (ii) on any Business Day provided notice is given not later than 11:00 a.m. Eastern Time, on the purchase date if the Bonds are in Daily Mode. The holder of a Bond described in the notice shall deliver such Bond (with instruments of transfer) to the Principal Office of the Tender Agent at or prior to 11:30 a.m., Eastern Time, on the date specified in such notice. Payment of the purchase price of a Bond purchased pursuant to this subsection (a) shall be made to the holder thereof by wire transfer of immediately available funds by the Tender Agent by the close of business on the date of purchase; provided, however, that payment of the purchase price shall be made only if the Bond is so delivered to the Tender Agent and only if the Bond so delivered to the Tender Agent conforms in all respects to the description thereof in the notice described in this subsection (a). A holder who gives notice of tender as set forth above may repurchase the Bonds so tendered on the purchase date specified in such notice if the Remarketing Agent agrees to sell the Bonds so tendered to such holder. If such holder decides to repurchase such Bonds and the Remarketing Agent agrees to sell such Bonds to such holder, the delivery requirements set forth above shall be waived and the Remarketing Agent shall notify the Tender Agent of such waiver by telecopy, telegraph, telex, facsimile transmission or other similar means of communication. In the event a holder of Bonds

Columbus City Bulletin (Publish Date 07/29/06) 306 of 408 has given a written notice of tender and has failed to deliver the amount of Bonds specified in such notice and such amount represents less than all of the Bonds registered in such holder's name, Bonds owned by such holder selected by the Bond Registrar, in such manner as the Bond Registrar shall determine, shall be deemed to have been tendered. The determination by the Remarketing Agent as to whether or not a written notice of tender conforms to the provisions of this subsection (a) shall be binding upon the Municipality, the Tender Agent and the holder delivering such notice to the Remarketing Agent.

(b) All Bonds shall be purchased (i) on each Conversion Date, (ii) on the Interest Payment Date immediately preceding each Liquidity Facility Event, and (iii) on the LFI Tender Date at a purchase price equal to the principal amount thereof plus accrued interest, if any, to the date of purchase. Holders of the Bonds shall deliver such Bonds (with instruments of transfer) to the Principal Office of the Tender Agent at or prior to 11:30 a.m., Eastern Time, on each Conversion Date, on the Interest Payment Date immediately preceding each Liquidity Facility Event and on the LFI Tender Date. Payment of the purchase price of a Bond purchased pursuant to this subsection (b) shall be made to the holder thereof by wire transfer of immediately available funds by the Tender Agent by the close of business on the date of purchase; provided, however, that payment of the purchase price shall be made only if the Bond is so delivered to the Tender Agent.

(c) Upon (i) receipt of written notice from a Bondholder pursuant to subsection (a) of this Section 7 or (ii) receipt of notice from the Bond Registrar that the Bonds will become subject to mandatory tender as a result of the establishment of a Conversion Date or an LFI Tender Date or the occurrence of a Liquidity Facility Event, the Remarketing Agent shall offer for sale and use its best efforts to sell the Bonds described in any such notice, any such sale to be made on or after the date such Bonds are to be delivered to the Tender Agent in accordance with subsection (a) of this Section 7 or on or after the date on which the Bonds are subject to mandatory tender in accordance with subsection (b) of this Section 7, as the case may be, at a price equal to 100% of the principal amount thereof plus accrued interest. Notwithstanding the foregoing, (i) the Remarketing Agent shall not offer for sale or sell Bonds purchased pursuant to this Section 7 if the Liquidity Facility Issuer has directed the Remarketing Agent not to remarket the Bonds; and (ii) Bonds purchased with moneys described in clause (iii) of subsection (d) of this Section 7 and held by the Municipality for more than 29 days after the date of purchase shall not be remarketed by the Remarketing Agent unless the Municipality shall have delivered to the Remarketing Agent a written opinion of nationally recognized bond counsel acceptable to the Remarketing Agent stating that the remarketing of such Bonds will not adversely affect the exemption from federal income taxation of the interest on the Bonds.

(d) The purchase price of any Bonds, or portions thereof, purchased in accordance with subsection (a) or (b) of this Section 7 shall be derived from the following sources in the order of priority indicated, and the Tender Agent shall not be obligated to provide funds from any other source:

(i) proceeds of the sale of such Bonds by the Remarketing Agent;

(ii) moneys furnished pursuant to the Liquidity Facility, if any;

(iii) moneys furnished by the Municipality to the Tender Agent pursuant to subsection (g) of this Section 7.

(e) Not later than 11:30 a.m., Eastern Time, on the Business Day immediately preceding any day on which Bonds are tendered or deemed tendered pursuant to subsection (a) or (b) of this Section 7, the Remarketing Agent shall give notice, by telecopy, telegraph, telex, facsimile transmission or other similar means of communication, to the Municipality, the Liquidity Facility Issuer, if any, and the Tender Agent specifying the principal amount of such Bonds, if any, not remarketed by it as of such day pursuant to subsection (c) of this Section 7.

(f) Not later than 11:00 a.m., Eastern Time, on the day on which Bonds are to be purchased pursuant to subsection (a) or (b) of this Section 7, the Remarketing Agent shall deliver to the Tender Agent, in immediately available funds, the proceeds from the sale of all Bonds remarketed pursuant to subsection (c) of this Section 7.

(g) Not later than 12:00 noon, Eastern Time, on the day on which Bonds are to be purchased pursuant to

Columbus City Bulletin (Publish Date 07/29/06) 307 of 408 subsection (a) or (b) of this Section 7, the Tender Agent shall draw on the Liquidity Facility, if any, in accordance with its terms and in an amount (the "Required Amount") equal to the amount of additional funds, if any, which the Tender Agent will need, after taking into account the funds received from the Remarketing Agent pursuant to subsection (f) of this Section 7, in order to pay the purchase price of Bonds payable on such day. If no Liquidity Facility is in effect, not later than 11:30 a.m., Eastern Time, on the day on which Bonds are to be purchased pursuant to subsections (a) or (b) of this Section 7, the Tender Agent shall notify the Municipality of the Required Amount and the Municipality shall deliver the Required Amount to the Tender Agent, in immediately available funds, prior to 2:00 p.m., Eastern Time, on such date.

(h) The Tender Agent shall hold in a separate account moneys representing the purchase price of Bonds purchased in accordance with this Section 7 until such Bonds are delivered to the Tender Agent by the holders thereof. Such moneys shall not be invested by the Tender Agent.

(i) Any Bonds sold by the Remarketing Agent pursuant to subsection (c) of this Section 7 shall be delivered to the purchasers thereof identified by the Remarketing Agent. Any Bonds purchased with moneys described in clause (ii) of subsection (d) of this Section 7 shall be held by the Tender Agent on behalf of the Liquidity Facility Issuer. Any Bonds purchased with moneys described in clause (iii) of subsection (d) of this Section 7 shall be held by the Tender Agent on behalf of the Municipality until such Bonds are resold or canceled as provided herein. The Fiscal Officer may direct that any Bonds held by the Tender Agent on behalf of the Municipality pursuant to this subsection (i) be delivered to the Bond Registrar for cancellation.

(j) Notwithstanding any failure by a holder of Bonds to deliver to the Tender Agent Bonds which have been tendered pursuant to subsection (a) of this Section 7 or which are to be purchased pursuant to subsection (b) of this Section 7, such Bonds shall be deemed to have been tendered, and funds necessary to purchase such tendered Bonds shall be set aside for such holder and held by the Tender Agent without liability for interest thereon. From and after the date on which such Bonds are deemed to have been tendered, and to the extent the Tender Agent is holding funds to pay the purchase price of such Bonds, such Bonds shall be deemed to be no longer outstanding with respect to the tending Holder and interest thereon shall cease to accrue, and such holder shall look only to the funds held by the Tender Agent on its behalf for payment.

(k) The Tender Agent shall notify the Bond Registrar of any failure to deliver a Bond tendered pursuant to subsection (a) of this Section 7 or which is to be purchased pursuant to subsection (b) of this Section 7 and the Bond Registrar shall thereupon notify the holder of such Bond by first class mail, postage prepaid, that such Bond is no longer an outstanding Bond and that funds equal to the purchase price of such Bond are being held for such holder without interest , by the Tender Agent. The Bond Registrar shall make note on the registration books that such Bond has been deemed to be no longer an outstanding Bond. Upon delivery to the Tender Agent of a Bond which was deemed tendered pursuant to subsection (j) of this Section 7 but was not timely delivered, the holder thereof shall be entitled to receive the amount held on its behalf by the Tender Agent.

(l) If, by 12:00 noon, Eastern Time, on the Business Day immediately succeeding the day on which any Bonds are to be purchased pursuant to subsections (a) or (b) of this Section 7, the Tender Agent shall not have received funds sufficient to purchase such Bonds, the Tender Agent shall give notice of such insufficiency, by telecopy, telegraph, telex, facsimile transmission or other similar means of communication, to the Fiscal Officer and the Bond Registrar, and the Tender Agent shall (i) return any Bonds delivered to it pursuant to subsections (a) or (b) of this Section 7 to the persons from whom such Bonds were received, and (ii) return any moneys delivered to it pursuant to subsections (f) or (g) of this Section 7 to the persons from whom such money was received.

(m) After the Bond Registrar has given notice of the establishment of the Conversion Date or the occurrence of a Liquidity Facility Event, pursuant to subsection (e) of Section 8 of this Ordinance, any Bonds purchased pursuant to subsection (a) of this Section 7 shall not be remarketed except to a buyer who, at the time of purchase, specifically acknowledges in writing to the Remarketing Agent that repurchase of such Bonds will occur on the Conversion Date or on the Interest Payment Date immediately preceding the Liquidity Facility Event, as the case may be, pursuant to subsection (b) of this Section 7.

(n) The Remarketing Agent shall use its best efforts to remarket LFI Bonds at a price equal to 100% of the

Columbus City Bulletin (Publish Date 07/29/06) 308 of 408 principal amount thereof plus accrued interest thereon. If LFI Bonds are remarketed, the Remarketing Agent shall notify the Municipality, the Bond Registrar and the Tender Agent of such remarketing not later than 4:00 p.m., Eastern Time, on the Business Day immediately preceding the day on which the LFI Bonds are to be purchased pursuant to such remarketing. Not later than 10:00 a.m., Eastern Time, on the day of such purchase (i) the Remarketing Agent shall deliver or cause to be delivered to the Tender Agent, in immediately available funds, an amount equal to the proceeds from the remarketing of the LFI Bonds, and (ii) the Municipality shall deliver or cause to be delivered to the Tender Agent, in immediately available funds, an amount equal to the difference between the accrued interest payable with respect to such LFI Bonds calculated based upon the interest rate or rates applicable to such LFI Bonds and the accrued interest included in the remarketing proceeds. Upon receipt of such moneys, the Tender Agent shall deliver (i) the remarketed Bonds to the purchasers thereof (provided, however, that if a Liquidity Facility is then in effect, the Bonds shall not be so delivered until the Tender Agent has received notice from the Liquidity Facility Issuer that the Liquidity Facility has been reinstated with respect to the Bonds), and (ii) the moneys from the Remarketing Agent and the Municipality to the Liquidity Facility Issuer.

(o) Upon receipt of an LFI Notice of Default by the Municipality, the Bond Registrar shall establish the LFI Tender Date, which date shall be on or prior to the Business Day immediately preceding the Expiration Date.

SECTION 8. Change of Interest Rate Mode; Notices (a) At any time subsequent to October 1, 2006 the Municipality may change the Interest Rate Mode or provide for an additional Term Rate Period for the Bonds by giving written notice, by first class mail postage prepaid, to the Tender Agent, the Liquidity Facility Issuer, if any, the Remarketing Agent, and the Rating Agencies, which notice shall specify (i) the Conversion Date, which shall be an Interest Payment Date not earlier than 30 days after the date of such notice, or any Business Day not earlier than 30 days after the date of such notice if the conversion is from a Daily or Weekly Rate Period, and if the Bonds are then in the Term Mode, the Conversion Date shall not be prior to the last day of the Term Rate Period, (ii) the new Interest Rate Mode for the Bonds (or that the Bonds are to remain in the Term Mode for an additional Term Rate Period), (iii) the date the Interest Rate shall be determined (which shall not be less than five Business Days prior to the proposed Conversion Date if the Bonds are converted to a Fixed Interest Rate; if the Bonds are to be converted to the Daily Mode, Weekly Mode, or Commercial Paper Mode, that the interest rate applicable to the first Interest Period after such conversion shall be determined on the first Business Day preceding the Conversion Date), (iv) that such Bonds will be subject to mandatory tender for purchase on the Conversion Date (except in the case of conversions between Daily and Weekly Rate Periods), (v) the new Interest Payment Date and Regular Record Dates, and (vi) if the Bonds are in certificated form, information with respect to the required delivery of Bond certificates and payment of the Purchase Price. Conversion of the Bonds to and from Auction Mode shall occur as set forth in Section 9 of this Ordinance.

(b) The notice described in subsection (a) of this Section 8 shall be accompanied by a written opinion of nationally recognized bond counsel selected by the Municipality stating that conversion of the Interest Rate Mode or the establishment of an additional Term Rate Period is authorized or permitted by this Ordinance and will not adversely affect the exclusion from gross income for purposes of federal income taxation of the interest on the outstanding Bonds. break3 (c) If the Bonds are to be converted to the Term Mode or are to remain in the Term Mode for an additional Term Rate Period, the notice described in subsection (a) shall specify the last day of the new Term Rate Period, which shall be a May 31st or a November 30th not earlier than five months after the Conversion Date and not later than May 31st of the year in which the Maturity Date occurs. Such notice shall be sent not less than 30 days prior to the proposed Conversion Date.

(d) If the Bonds are to be converted from the Commercial Paper Mode, prior to the date on which notice of such conversion is required to be given by the Municipality, the Bond Registrar must receive written confirmation from the Remarketing Agent that it has not established and will not establish any Commercial Paper Rate Periods with respect to the Bonds that extend beyond the day before the Conversion Date.

(e) If the Bonds are to be converted from Daily Mode, Weekly Mode, or Commercial Paper Mode, no later than one day before the Conversion Date, the Bond Registrar and the Municipality must have been provided with written evidence from each Rating Agency that such conversion will not result in a reduction or withdrawal of the then current rating of the Bonds.

Columbus City Bulletin (Publish Date 07/29/06) 309 of 408 (f) On the date specified in the notice described in subsection (a) of this Section 8, the Remarketing Agent shall give notice to the Municipality and the Tender Agent of the interest rate applicable to the Bonds effective on the Conversion Date. The Fixed Interest Rate shall be the lowest rate of interest at which the Remarketing Agent has received commitments on or prior to the fifth Business Day next preceding the proposed Conversion Date to purchase all outstanding Bonds on the proposed Conversion Date at a purchase price of 100% of the principal amount thereof. If the Bonds are to be converted to the Daily Mode, Weekly Mode, or Commercial Paper Mode on the Conversion Date, the interest rate for the Interest Period that begins on the Conversion Date shall be determined in accordance with the provisions of Section 6 of this Ordinance. If the Bonds are to be converted to the Auction Mode on the Conversion Date, the interest rate for the Interest Period that begins on the Conversion Date shall be determined in accordance with the provisions of Section 9 of this Ordinance.

(g) If the Municipality has not given the notice described in subsection (a) of this Section 8 by the 30th day prior to the last day of a Term Rate Period, the Bonds shall automatically be converted to the Weekly Mode on the day following the last day of that Term Rate Period, provided that the Municipality delivers to the Tender Agent and the Remarketing Agent, not later than fifteen days prior to the last day of the Term Rate Period, a written opinion of nationally recognized bond counsel selected by the Municipality stating that conversion of the Interest Rate Mode to the Weekly Mode will not adversely affect the exemption from federal income taxation of the interest on the outstanding Bonds. If such written opinion is not so delivered, the Bonds will remain in the Term Mode for a Term Rate Period of one year.

(h) The Bond Registrar, on behalf of the Municipality, shall give written notice, by first class mail postage prepaid, to the holders of the Bonds of the establishment of a Conversion Date or the LFI Tender Date or the occurrence of a Liquidity Facility Event, which notice shall include a statement (i) of the date on which Bonds are to be purchased as a result of the establishment of the Conversion Date or the LFI Tender Date or the occurrence of a Liquidity Facility Event, (ii) that this Ordinance provides that the Bonds are required to be delivered to the Tender Agent for purchase on the date specified in such notice, and that Bonds not delivered to the Tender Agent on or before such date shall nonetheless be deemed to have been purchased and, accordingly, no interest subsequent to the date specified in such notice shall be payable to such holders, and (iii) that on the purchase date specified in such notice the Tender Agent shall hold moneys equal to the purchase price for all Bonds in trust for the holders of the Bonds, which moneys shall be paid upon surrender of the Bonds to the Tender Agent. Such notice shall be given at least fifteen (15) days prior to the Conversion Date, the LFI Tender Date or the Interest Payment Date immediately preceding the Liquidity Facility Event, as the case may be. If, because of the temporary or permanent suspension of regular mail service, or for any other reason, it is impossible or impractical to give such notice of purchase by mail in the manner herein provided, then such other manner of giving notice in lieu thereof as the Bond Registrar shall, in its discretion, select shall constitute a sufficient notice. Any defect in the notice or any failure to give or receive such notice with respect to any Bond shall not affect the validity of any proceedings for the purchase of any other Bond.

(i) Not less than thirty days prior to the last day of a Term Rate Period, the Municipality shall obtain from a commercial bank or other financial institution an irrevocable letter of credit or a standby bond purchase agreement (a "Term Take-out Facility") providing for a source of funds in an amount sufficient to pay the purchase price of the Bonds subject to mandatory tender, pursuant to subsection (b) of Section 7 of this Ordinance, on the Conversion Date immediately following the last day of that Term Rate Period. The Term Take-out Facility shall be delivered to the Tender Agent and shall be accompanied by a notice from each Rating Agency to the effect that the delivery of the Term Take-out Facility to the Tender Agent will not by itself result in a withdrawal, suspension or reduction of any of the Rating Agency's current ratings for the Bonds. Notwithstanding the foregoing, the Municipality shall not be required to deliver a Term Take-out Facility to the Tender Agent if the Municipality shall have received a notice from each Rating Agency to the effect that the failure to so deliver a Term Take-out Facility will not by itself result in a withdrawal, suspension or reduction of any of the Rating Agencies' current ratings for the Bonds.

SECTION 9. Auction Bond Provisions (a) Conversion to an Auction Mode. Atth option of the Municipality, the Bonds (in an amount which is an Authrized Denomination for the new Rate Period) may be converted from a Daily Mode, Weekly Mode, Commercial Paper Mode, or Term Mode to an Auction Mode. Any such conversion shall be made as follows:

(i) In any such conversion from a Daily Mode, Weekly Mode, or Commercial Paper Mode, the Conversion Date shall be a regularly scheduled Interest Payment Date on which interest is payable for the Interest

Columbus City Bulletin (Publish Date 07/29/06) 310 of 408 Rate Period from which the conversion is to be made, and in any conversion is from a Term Mode, the Conversion Date shall be a reulrl scheduled Interest Payment Date on which a new Term Rate Period would otherwise have commenced.

(ii) The Municipality shall give written notice of any such conversion to the Remarketing Agent, Bond Registrar, the Liquidity Facility Issuer, if any, the Auction Agent, and the Broker-Dealer not less than seven (7) Business Days prior to the date on which the Bond Registrar is required to notify the Bondholders of the conversion pursuant to subparagraph (iii) below. Such notice shall specify the Bonds to be converted, the Conversion Date and the length of the initial Auction Rate Period. Together with such notice, the Municipality shall file with the Bond Registrar an opinion of bond counsel to the effect that the conversion of the Bonds to an Auction Mode will not adversely affect the validity of the Bonds or any exclusion from gross income for federal income tax purposes to which interest on the Bonds would otherwise be entitled. No such change to an Auction Mode shall become effective unless the Municipality shall also file with the Bond Registrar an opinion of bond counsel to the same effect dated the Conversion Date.

(iii) Not less than fifteen (15) days prior to the Conversion Date, the Bond Registrar shall mail a written notice of the conversion to the holders of the Bonds to be converted; provided, however, that the Bond Registrar shall not mail such written notice if converting from a Flexible Rate Period until is has received a written confirmation from the Remarketing Agent that no Interest Period for the Bonds extends beyond the Auction Mode Conversion Date.

(iv) The Auction Rate for the Auction Rate Period commencing on the Auction Mode Conversion Date shall be the lowest rate that, in the judgment of the Broker-Dealer, is necessary to enable the Bonds in an Auction Mode to be remarketed at a price equal to the principal amount thereof, plus accrued interest, if any, on the Auction Mode Conversion Date. Such determination shall be conclusive and binding upon the Municipality, the Bond Registrar, the Auction Agent, the Liquidity Facility Issuer, if any, and the holder of the Bonds in an Auction Mode to which such rate will be applicable.

(v) Not later than 5:00 p.m., Eastern Time, on the date of determination of the Auction Rate, the Broker-Dealer shall notify the Municipality, the Bond Registrar, and the Auction Agent of the Auction Rate by telephone, promptly confirmed in writing.

(vi) The Municipality may revoke its election to effect a conversion of the interest rate on any Bonds to an Auction Mode by giving written notice of such revocation to the Bond Registrar, the Remarketing Agent, the Liquidity Facility Issuer, if any, the Auction Agent, and the Broker-Dealer at any time prior to the setting of the Auction Rate by the Broker-Dealer.

(vii) No Bonds may be converted to the Auction Rate when the Bonds are not held by a Depository in book entry form.

(b) Conversion from an Auction Mode. At the option of the Municipality, the Bonds (in an amount which is an Authorized Denomination for the new Interest Rate Mode) may be converted from an Auction Mode to a Daily Mode, a Weekly Mode, Commercial Paper Mode, a Term Mode, or a Fixed Rate Mode. Any such conversion shall be made as follows:

(i) The Conversion Date from an Auction Mode shall be the Interest Payment Date following the final Auction Period.

(ii) The Municipality shall give written notice of any such conversion to the Bond Registrar, the Remarketing Agent, if any, the Liquidity Facility Issuer, if any, the Auction Agent, and the Broker-Dealer not less than seven (7) Business Days prior to the date on which the Bond Registrar is required to notify the Bondholders of the conversion pursuant to subparagraph (iii) below. Such notice shall specify the Bonds in an Auction Mode to be converted, the Conversion Date and the new Interest Rate Mode to which the conversion will be made. Together with such notice, the Municipality shall file with the Bond Registrar an opinion of bond counsel to the effect that the conversion of the Bonds will not adversely affect the validity of the Bonds or any exclusion from

Columbus City Bulletin (Publish Date 07/29/06) 311 of 408 gross income for federal income tax purposes to which interest on the Bonds would otherwise be entitled. No change to a Daily Mode, a Weekly Mode, a Commercial Paper Mode, a Term Mode, or Fixed Rate Mode shall become effective unless the Municipality shall also file with the Bond Registrar an opinion of bond counsel to the same effect dated the Conversion Date.

(iii) Not less than twenty (20) days prior to the Conversion Date, the Bond Registrar shall mail a written notice of the conversion to the holders of the Bonds in an Auction Mode to be converted, specifying the Conversion Date.

(iv) At anytime prior to 10:00 a.m. Eastern Time on the Business Day immediately preceding the Conversion Date the Municipality may withdraw its notice of conversion and the Auction for such Bonds in an Auction Mode shall be held on such Auction Date as if no conversion notice had ever been given. If on a Conversion Date there has not been a timely withdrawal of the conversion notice as set forth in the preceding sentence or any condition precedent to such conversion is not satisfied, the Bond Registrar shall give written notice by first class mail postage prepaid as soon as practicable and in any event not later than the next succeeding Business Day to the holders of the Bonds to be converted and the Liquidity Facility Issuer, if any, that such conversion has not occurred, that the Bonds in an Auction Mode will not be purchased on the failed Conversion Date, that the Remarketing Agent will continue to implement the Auction Procedures on the Auction Dates with respect to such Bonds in an Auction Mode which otherwise would have been converted excluding however, the Auction Date falling on the Business Day next preceding the failed Conversion Date, and that the interest rate will continue to be the Auction Rate; provided, however, that the interest rate borne by the Bonds in an Auction Mode which otherwise would have been converted during the Auction Period commencing on such failed Conversion Date will be the Maximum Interest Rate, and the Auction Period will be the seven-day Auction Period.

(v) On the Conversion Date applicable to the Bonds in an Auction Mode to be converted, such Bonds to be converted shall be subject to mandatory tender at a purchase price equal to 100% of the principal amount thereof, plus accrued interest. The principal portion of the purchase price of the Bonds so tendered is payable solely from the proceeds of the remarketing of such Bonds. In the event that the conditions of a conversion are not satisfied, including the failure to remarket all applicable Bonds in an Auction Mode on a mandatory tender date, such Bonds will not be subject to mandatory tender, will be returned to their owners, will automatically convert to a seven-day Auction Period and will bear interest at the Maximum Interest Rate.

(c) Orders by Existing Owners and Potential Owners.

(i) Prior to the Broker-Dealer Deadline on each Auction Date:

a) each Existing Owner may submit to a Broker-Dealer, in writing or by such other method as shall be reasonably acceptable to such Broker-Dealer, information as to:

(1) the principal amount of Bonds, if any, held by such Existing Owner which such Existing Owner commits to continue to hold for the next succeeding Auction Period without regard to the rate determined by the Auction Procedures for such Auction Period,

(2) the principal amount of Bonds, if any, held by such Existing Owner which such Existing Owner commits to continue to hold for the next succeeding Auction Period if the rate determined by the Auction Procedures for such Auction Period shall not be less than the rate per annum then specified by such Existing Owner (and which such Existing Owner irrevocably offers to sell on the next succeeding Interest Payment Date (or the same day in the case of a daily Auction Period) if the rate determined by the Auction Procedures for the next succeeding Auction Period shall be less than the rate per annum then specified by such Existing Owner), and/or

(3) the principal amount of Bonds, if any, held by such Existing Owner which such Existing Owner offers to sell on the next succeeding Interest Payment Date (or on the same day in the case of a daily Auction Period) without regard to the rate determined by the Auction

Columbus City Bulletin (Publish Date 07/29/06) 312 of 408 Procedures for the next succeeding Auction Period; and

b) for the purpose of implementing the Auctions, the Broker-Dealers shall contact Potential Owners, including Persons that are Existing Owners, to determine the principal amount of Bonds, if any, which each such Potential Owner offers to purchase if the rate determined by the Auction Procedures for the next succeeding Auction Period is not less than the rate per annum then specified by such Potential Owner.

For the purposes hereof an Order containing the information referred to in clause a)(1) above is herein referred to as a "Hold Order," an Order containing the information referred to in clause a)(2) or b) above is herein referred to as a "Bid," and an Order containing the information referred to in clause a)(3) above is herein referred to as a "Sell Order."

(ii) a) a Bid by an Existing Owner shall constitute an offer to sell:

(1) the principal amount of Bonds specified in such Bid if the rate determined by the Auction Procedures on such Auction Date shall be less than the rate specified therein; or

(2) such principal amount or a lesser principal amount of Bonds to be determined as described in Section 9(f)(i)(e) hereof if the rate determined by the Auction Procedures on such Auction Date shall be equal to such specified rate; or

(3) a lesser principal amount of Bonds to be determined as described in Section 9(f) (ii)(d) hereof if such specified rate shall be higher than the Maximum Interest Rate and Sufficient Clearing Bids do not exist.

a) b) A Sell Order by an Existing Owner shall constitute an offer to sell:

(1) the principal amount of Bonds specified in such Sell Order; or

(2) such principal amount or a lesser principal amount of Bonds as described in Section 9(f)(ii)(d) hereof if Sufficient Clearing Bids do not exist.

c) A Bid by a Potential Owner shall constitute an offer to purchase:

(1) the principal amount of Bonds specified in such Bid if the rate determined by the Auction Procedures on such Auction Date shall be higher than the rate specified therein; or

(2) such principal amount or a lesser principal amount of Bonds as described in Section 9(f)(i)(f) hereof if the rate determined by the Auction Procedures on such Auction Date shall be equal to such specified rate.

(iii) Anything herein to the contrary notwithstanding:

a) for purposes of any Auction, any Order which specifies Bonds to be held, purchased or sold in a principal amount which is not $25,000 or an integral multiple thereof shall be rounded down to the nearest $25,000, and the Auction Agent shall conduct the Auction Procedures as if such Order had been submitted in such lower amount;

b) for purposes of any Auction other than during a daily Auction Period, any portion of an Order of an Existing Owner which relates to a Bond that has been called for redemption on or prior to the Interest Payment Date next succeeding such Auction shall be invalid with respect to such portion and the Auction Agent shall conduct the Auction Procedures as if such portion of such Order had not been submitted;

Columbus City Bulletin (Publish Date 07/29/06) 313 of 408 c) for purposes of any Auction other than during a daily Auction Period, no portion of a Bond that has been called for redemption on or prior to the Interest Payment Date next succeeding such Auction shall be included in the calculation of Available Bonds for such Auction; and

d) for purposes of any Auction, any Order by any Existing Owner or Potential Owner shall be revocable until the Broker-Dealer Deadline, and after the Broker-Dealer Deadline all Orders shall be irrevocable.

(d) Submission of Orders by Broker-Dealers to Auction Agent.

(i) Each Broker-Dealer shall submit to the Auction Agent in writing, through the Auction Agent's auction processing system or by such other method as shall be reasonably acceptable to the Auction Agent, including such electronic communication acceptable to the parties, prior to the Submission Deadline on each Auction Date, all Orders obtained by such Broker-Dealer and specifying, if requested, with respect to each Order:

a) the name of the Bidder placing such Order;

b) the aggregate principal amount of Bonds, if any, that are the subject of such Order;

c) to the extent that such Bidder is an Existing Owner:

(1) the principal amount of Bonds, if any, subject to any Hold Order placed by such Existing Owner;

(2) the principal amount of Bonds, if any, subject to any Bid placed by such Existing Owner and the rate specified in such Bid; and

(3) the principal amount of Bonds, if any, subject to any Sell Order placed by such Existing Owner; and

d) to the extent such Bidder is a Potential Owner, the rate specified in such Bid.

(ii) If any rate specified in any Bid contains more than three figures to the right of the decimal point, the Auction Agent shall round such rate up to the next highest one thousandth of one percent (0.001%).

(iii) If an Order or Orders covering all of the Bonds held by an Existing Owner is not submitted to the Auction Agent prior to the Submission Deadline, the Auction Agent shall deem a Hold Order to have been submitted on behalf of such Existing Owner covering the principal amount of Bonds held by such Existing Owner and not subject to Orders submitted to the Auction Agent; provided, however, that if there is a conversion from one Auction Period to another Auction Period and Orders have not been submitted to the Auction Agent prior to the Submission Deadline covering the aggregate principal amount of Bonds to be converted held by such Existing Owner, the Auction Agent shall deem a Sell Order to have been submitted on behalf of such Existing Owner covering the principal amount of Bonds to be converted held by such Existing Owner not subject to Orders submitted to the Auction Agent.

(iv) If one or more Orders covering in the aggregate more than the principal amount of Outstanding Bonds of a particular Series held by any Existing Owner are submitted to the Auction Agent, such Orders shall be considered valid as follows:

a) all Hold Orders shall be considered Hold Orders, but only up to and including in the aggregate the principal amount of Bonds held by such Existing Owner;

b) (1) any Bid of an Existing Owner shall be considered valid as a Bid of an Existing Owner up to and including the excess of the principal amount of Bonds held by such Existing Owner over the

Columbus City Bulletin (Publish Date 07/29/06) 314 of 408 principal amount of the Bonds subject to Hold Orders referred to in paragraph a) above;

(2) subject to clause (1) above, all Bids of an Existing Owner with the same rate shall be aggregated and considered a single Bid of an Existing Owner up to and including the excess of the principal amount of Bonds held by such Existing Owner over the principal amount of Bonds held by such Existing Owner subject to Hold Orders referred to in paragraph a) above;

(3) subject to clause (1) above, if more than one Bid with different rates is submitted on behalf of such Existing Owner, such Bids shall be considered Bids of an Existing Owner in the ascending order of their respective rates up to the amount of the excess of the principal amount of Bonds held by such Existing Owner over the principal amount of Bonds held by such Existing Owner subject to Hold Orders referred to in paragraph a) above; and

(4) the principal amount, if any, of such Bonds subject to Bids not considered to be Bids of an Existing Owner under this paragraph b) shall be treated as the subject of a Bid by a Potential Owner;

c) all Sell Orders shall be considered Sell Orders, but only up to and including a principal amount of Bonds equal to the excess of the principal amount of Bonds held by such Existing Owner over the sum of the principal amount of the Bonds considered to be subject to Hold Orders pursuant to paragraph a) above and the principal amount of Bonds considered to be subject to Bids of such Existing Owner pursuant to paragraph b) above.

(v) If more than one Bid is submitted on behalf of any Potential Owner, each Bid submitted with the same rate shall be aggregated and considered a single Bid and each Bid submitted with a different rate shall be considered a separate Bid with the rate and the principal amount of Bonds specified therein.

(vi) Neither the Municipality, the Bond Registrar, nor the Auction Agent shall be responsible for the failure of any Broker-Dealer to submit an Order to the Auction Agent on behalf of any Existing Owner or Potential Owner.

(e) Determination of Auction Rate.

(i) Not later than 9:30 a.m., Eastern Time, on each Auction Date for the Bonds, the Auction Agent shall advise the Broker-Dealers and the Bond Registrar by telephone or other electronic communication acceptable to the parties of the All Hold Rate and the Index.

(ii) Promptly after the Submission Deadline for the Bonds on each Auction Date, the Auction Agent shall assemble all Orders submitted or deemed submitted to it by the Broker-Dealers (each such Order as submitted or deemed submitted by a Broker-Dealer being hereinafter referred to as a "Submitted Hold Order," a "Submitted Bid" or a "Submitted Sell Order," as the case may be, and collectively as a "Submitted Order") and shall determine (A) the Available Bonds, (B) whether there are Sufficient Clearing Bids, and (B) the Auction Rate.

(iii) Promptly after the Auction Agent has made the determinations pursuant to subsection (ii) above the Auction Agent shall advise the Bond Registrar by telephone (promptly confirmed in writing), telex or facsimile transmission or other electronic communication acceptable to the parties of the Auction Rate for the next succeeding Auction Period and the Bond Registrar shall promptly notify the Depository of such Auction Rate.

(iv) In the event the Auction Agent shall fail to calculate or, for any reason, fails to timely provide the Auction Rate for any Auction Period, (i) if the preceding Auction Period was a period of 35 days or less, the new Auction Period shall be the same as the preceding Auction Period and the Auction Rate for the new Auction Period shall be the same as the Auction Rate for the preceding Auction Period, and (ii) if the preceding Auction Period was a period of greater than 35 days, the preceding Auction Period shall be extended to the seventh day following the day that would have been the last day of such Auction Period had it not been extended (or if such

Columbus City Bulletin (Publish Date 07/29/06) 315 of 408 seventh day is not followed by a Business Day then to the next succeeding day which is followed by A Business Day) and the Auction Rate in effect for the preceding Auction Period will continue in effect for the Auction Period as so extended. In the event an Auction Period is extended as set forth in clause (ii) of the preceding sentence, an Auction shall be held on the last Business Day of the Auction Period as so extended to take effect for an Auction Period beginning on the Business Day immediately following the last day of the Auction Period as extended which Auction Period will end on the date it would otherwise have ended on had the prior Auction Period not been extended.

Notwithstanding the foregoing, no Auction Rate shall be extended for more than 35 days. If at the end of the 35 days the Auction Agent fails to calculate or provide the Auction Rate, the Auction Rate shall be the Maximum Interest Rate. (v) In the event of a failed conversion to an Interest Rate Mode other than an Auction Mode or in the event of a failure to change the length of the current Auction Period due to the lack of Sufficient Clearing Bids at the Auction on the Auction Date for the first new Auction Period, the Auction Rate for the next Auction Period shall be the Maximum Interest Rate and the Auction Period shall be a seven-day Auction Period.

Columbus City Bulletin (Publish Date 07/29/06) 316 of 408 break4 (vi) If the Bonds are no longer maintained in book-entry-only form by the Depository, then the Auction Rate shall be the Maximum Interest Rate.

(f) Allocation of Bonds.

(i) In the event of Sufficient Clearing Bids for Bonds, subject to the further provisions of subsections (iii) and (iv) below, Submitted Orders for Bonds shall be accepted or rejected as follows in the following order of priority:

a) the Submitted Hold Order of each Existing Owner shall be accepted, thus requiring each such Existing Owner to continue to hold the Bonds that are the subject of such Submitted Hold Order;

b) the Submitted Sell Order of each Existing Owner shall be accepted and the Submitted Bid of each Existing Owner specifying any rate that is higher than the Winning Bid Rate shall be rejected, thus requiring each such Existing Owner to sell the Bonds that are the subject of such Submitted Sell Order or Submitted Bid;

c) the Submitted Bid of each Existing Owner specifying any rate that is lower than the Winning Bid Rate shall be accepted, thus requiring each such Existing Owner to continue to hold the Bonds that are the subject of such Submitted Bid;

d) the Submitted Bid of each Potential Owner specifying any rate that is lower than the Winning Bid Rate shall be accepted, thus requiring each such Potential Owner to purchase the Bonds that are the subject of such Submitted Bid;

e) the Submitted Bid of each Existing Owner specifying a rate that is equal to the Winning Bid Rate shall be accepted, thus requiring each such Existing Owner to continue to hold the Bonds that are the subject of such Submitted Bid, but only up to and including the principal amount of Bonds obtained by multiplying (A) the aggregate principal amount of Outstanding Bonds which are not the subject of Submitted Hold Orders described in paragraph (i) above or of Submitted Bids described in paragraphs (iii) or (iv) above by (B) a fraction the numerator of which shall be the principal amount of Outstanding Bonds held by such Existing Owner subject to such Submitted Bid and the denominator of which shall be the aggregate principal amount of Outstanding Bonds subject to such Submitted Bids made by all such Existing Owners that specified a rate equal to the Winning Bid Rate, and the remainder, if any, of such Submitted Bid shall be rejected, thus requiring each such Existing Owner to sell any excess amount of Bonds;

f) the Submitted Bid of each Potential Owner specifying a rate that is equal to the Winning Bid Rate shall be accepted, thus requiring each such Potential Owner to purchase the Bonds that are the subject of such Submitted Bid, but only in an amount equal to the principal amount of Bonds obtained by multiplying (A) the aggregate principal amount of Outstanding Bonds which are not the subject of Submitted Hold Orders described in paragraph (i) above or of Submitted Bids described in paragraphs (iii), (iv) or (v) above by (B) a fraction the numerator of which shall be the principal amount of Outstanding Bonds subject to such Submitted Bid and the denominator of which shall be the sum of the aggregate principal amount of Outstanding Bonds subject to such Submitted Bids made by all such Potential Owners that specified a rate equal to the Winning Bid Rate, and the remainder of such Submitted Bid shall be rejected; and

g) the Submitted Bid of each Potential Owner specifying any rate that is higher than the Winning Bid Rate shall be rejected.

(ii) In the event there are not Sufficient Clearing Bids for Bonds, subject to the further provisions of subsections (c) and (d) below, Submitted Orders for Bonds shall be accepted or rejected as follows in the

Columbus City Bulletin (Publish Date 07/29/06) 317 of 408 following order of priority:

a) the Submitted Hold Order of each Existing Owner shall be accepted, thus requiring each such Existing Owner to continue to hold the Bonds that are the subject of such Submitted Hold Order;

b) the Submitted Bid of each Existing Owner specifying any rate that is not higher than the Maximum Interest Rate shall be accepted, thus requiring each such Existing Owner to continue to hold the Bonds that are the subject of such Submitted Bid;

c) the Submitted Bid of each Potential Owner specifying any rate that is not higher than the Maximum Interest Rate shall be accepted, thus requiring each such Potential Owner to purchase the Bonds that are the subject of such Submitted Bid;

d) the Submitted Sell Orders of each Existing Owner shall be accepted as Submitted Sell Orders and the Submitted Bids of each Existing Owner specifying any rate that is higher than the Maximum Interest Rate shall be deemed to be and shall be accepted as Submitted Sell Orders, in both cases only up to and including the principal amount of Bonds obtained by multiplying (A) the aggregate principal amount of Bonds subject to Submitted Bids described in paragraph (iii) of this subsection (b) by (B) a fraction the numerator of which shall be the principal amount of Outstanding Bonds held by such Existing Owner subject to such Submitted Sell Order or such Submitted Bid deemed to be a Submitted Sell Order and the denominator of which shall be the principal amount of Outstanding Bonds subject to all such Submitted Sell Orders and such Submitted Bids deemed to be Submitted Sell Orders, and the remainder of each such Submitted Sell Order or Submitted Bid shall be deemed to be and shall be accepted as a Hold Order and each such Existing Owner shall be required to continue to hold such excess amount of Bonds; and

e) the Submitted Bid of each Potential Owner specifying any rate that is higher than the Maximum Interest Rate shall be rejected.

(iii) If, as a result of the procedures described in subsection (i) or (ii) above, any Existing Owner or Potential Owner would be required to purchase or sell an aggregate principal amount of Bonds which is not an integral multiple of $25,000 on any Auction Date, the Auction Agent shall by lot, in such manner as it shall determine in its sole discretion, round up or down the principal amount of Bonds to be purchased or sold by any Existing Owner or Potential Owner on such Auction Date so that the aggregate principal amount of Bonds purchased or sold by each Existing Owner or Potential Owner on such Auction Date shall be an integral multiple of $25,000, even if such allocation results in one or more of such Existing Owners or Potential Owners not purchasing or selling any Bonds on such Auction Date.

(iv) If, as a result of the procedures described in subsection (i) above, any Potential Owner would be required to purchase less than $25,000 in principal amount of Bonds on any Auction Date, the Auction Agent shall by lot, in such manner as it shall determine in its sole discretion, allocate Bonds for purchase among Potential Owners so that the principal amount of Bonds in the Auction Mode purchased on such Auction Date by any Potential Owner shall be an integral multiple of $25,000, even if such allocation results in one or more of such Potential Owners not purchasing Bonds on such Auction Date.

(g) Notice of Auction Rate.

(i) On each Auction Date, the Auction Agent shall notify by telephone or other telecommunication device or other electronic communication acceptable to the parties or in writing each Broker-Dealer that participated in the Auction held on such Auction Date of the following, with respect to Bonds for which an Auction was held on such Auction Date:

a) the Auction Rate determined on such Auction Date for the succeeding Auction Period;

Columbus City Bulletin (Publish Date 07/29/06) 318 of 408 b) whether Sufficient Clearing Bids existed for the determination of the Winning Bid Rate;

c) if such Broker-Dealer submitted a Bid or a Sell Order on behalf of an Existing Owner whether such Bid or Sell Order was accepted or rejected and the principal amount of Bonds, if any, to be sold by such Existing Owner;

d)such Brker-Dealer submitted a Bid on behalf of a Potential Owner, whether suc Bid was accepted or rejected and the principal amount of Bonds, if any, to be purchased by such Potential Owner;

e) if the aggregate principal amount of the Bonds to be sold by all Existing Owners on whose behalf such Broker-Dealer submitted Bids or Sell Orders is different from the aggregate principal amount of Bonds to be purchased by all Potential Owners on whose behalf such Broker-Dealer submitted a Bid, the name or names of one or more Broker-Dealers (and the Agent Member, if any, of each such other Broker-Dealer) and the principal amount of Bonds to be (A) purchased from one or more ExisingOwnrs on whose behalf such other Broker-Dealers submitted Bids or Sell Orders or (B) sold to one or more Potential Owners on whose behalf such Broker-Dealer submitted Bids; and

f) the immediately succeeding Auction Date.

(ii) On each Auction Date, with respect to Bonds for which an Auction was held on such Auction Date, each Broker-Dealer that submitted an Order on behalf of any Existing Owner or Potential Owner shall: (A) advise each Existing Owner and Potential Owner on whose behalf such Broker-Dealer submitted an Order as to (1) the Auction Rate determined on such Auction Date, (2) whether any Bid or Sell Order submitted on behalf of each such Owner was accepted or rejected and (3) the immediately succeeding Auction Date; (B) instruct each Potential Owner on whose behalf such Broker-Dealer submitted a Bid that was accepted, in whole or in part, to instruct such Existing Owner's Agent Member to pay to such Broker-Dealer (or its Agent Member) through the Depository the amount necessary to purchase the principal amount of Bonds to be purchased pursuant to such Bid (including, with respect to the Bonds in a daily Auction Period, accrued interest if the purchase date is not an Interest Payment Date for such Bond) against receipt of such Bonds; and (C) instruct each Existing Owner on whose behalf such Broker-Dealer submitted a Sell Order that was accepted or a Bid that was rejected in whole or in part, to instruct such Existing Owner's Agent Member to deliver to such Broker-Dealer (or its Agent Member) through the Depository the principal amount of Bonds to be sold pursuant to such Bid or Sell Order against payment therefor.

(h) Index.

(i) The Index on any Auction Date with respect to Bonds in any Auction Period of 35 days or less shall be the LIBOR Rate. The Index with respect to Bonds in any Auction Period of more than 35 days shall be the rate on United States Treasury Securities having a maturity which most closely approximates the length of the Auction Period as last published in The Wall Street Journal. If either rate is unavailable, the Index shall be an index or rate agreed to by all Broker-Dealers and consented to by the Municipality. For the purpose of this Section 9(h) an Auction Period of 35 days or less means a 35-day Auction Period or shorter Auction Period, i.e. a 35-day Auction Period which is extended because of a holiday would still be considered an Auction Period of 35 days or less.

(ii) If for any reason on any Auction Date the Index shall not be determined as hereinabove provided in this Section, the Index shall be the Index for the Auction Period ending on such Auction Date.

(iii) The determination of the Index as provided herein shall be conclusive and binding upon the Municipality, the Bond Registrar, the Broker-Dealer, the Auction Agent and the Owners of the Bonds.

(i) Miscellaneous Provisions Regarding Auctions.

(i) During an Auction Rate Period with respect to Bonds, the provisions of Section 9 of this Ordinance

Columbus City Bulletin (Publish Date 07/29/06) 319 of 408 and the definitions used in this Section 9, including without limitation the definitions of All Hold Rate, Index, Interest Payment Date, Maximum Interest Rate, Auction Rate, may be amended by an amending ordinance of City Council for the Municipality by obtaining the consent of the owners of all affected Outstanding Bonds bearing interest at the Auction Rate as follows. If on the first Auction Date occurring at least 20 days after the date on which the Bond Registrar mailed notice of such proposed amendment to the registered owners of the affected Outstanding Bonds as required by this Ordinance, (i) the Auction Rate which is determined on such date is the Winning Bid Rate or the All Hold Rate and (ii) there is delivered to the Bond Registrar an opinion of Bond Counsel to the effect that such amendment shall not adversely affect the validity of the Bonds or any exemption from federal income tax to which the interest on the Bonds would otherwise be entitled, the proposed amendment shall be deemed to have been consented to by the owners of all affected Outstanding Bonds bearing interest at Auction Rate.

(ii) During an Auction Rate Period, so long as the ownership of the Bonds is maintained in book-entry form by the Depository, an Existing Owner or a beneficial owner may sell, transfer or otherwise dispose of a Bond only pursuant to a Bid or Sell Order in accordance with the Auction Procedures or to or through a Broker-Dealer, provided that (i) in the case of all transfers other than pursuant to Auctions such Existing Owner or its Broker-Dealer or its Agent Member advises the Auction Agent of such transfer and (ii) a sale, transfer or other disposition of Bonds from a customer of a Broker-Dealer who is listed on the records of that Broker-Dealer as the holder of such Bonds to that Broker-Dealer or another customer of that Broker-Dealer shall not be deemed to be a sale, transfer or other disposition for purposes of this paragraph if such Broker-Dealer remains the Existing Owner of the Bonds so sold, transferred or disposed of immediately after such sale, transfer or disposition.

(j) Changes in Auction Period or Auction Date.

(i) During any Auction Rate Period, the Municipality may, from time to time on the last Interest Payment Date of any Auction Period, change the length of the Auction Period with respect to all of the Bonds among daily, seven-days, 28-days, 35-days, three months, six months and a Flexible Auction Period in order to accommodate economic and financial factors that may affect or be relevant to the length of the Auction Period and the interest rate borne by such Bonds. The Municipality shall initiate the change in the length of the Auction Period by giving written notice to the Bond Registrar, the Auction Agent, the Broker-Dealer, and the Depository that the Auction Period shall change if the conditions described herein are satisfied and the proposed effective date of the change, at least 10 Business Days prior to the Auction Date for such Auction Period.

a) Any such changed Auction Period shall be for a period of one day, seven-days, 28-days, 35 -days, three months, six months or a Flexible Auction Period and shall be for all of the Bonds in an Auction Mode.

b) The change in the length of the Auction Period shall not be allowed unless Sufficient Clearing Bids existed at the Auction immediately preceding the proposed change.

c) The change in length of the Auction Period shall take effect only if (A) the Bond Registrar and the Auction Agent receive, by 11:00 a.m., Eastern Time, on the Business Day before the Auction Date for the first such Auction Period, a certificate from the Municipality consenting to the change in the length of the Auction Period specified in such certificate and (B) Sufficient Clearing Bids exist at the Auction on the Auction Date for such first Auction Period. For purposes of the Auction for such first Auction Period only, each Existing Owner shall be deemed to have submitted Sell Orders with respect to all of its Bonds except to the extent such Existing Owner submits an Order with respect to such Bonds. If the condition referred to in (A) above is not met, the Auction Rate for the next Auction Period shall be determined pursuant to the Auction Procedures and the Auction Period shall be the Auction Period determined without reference to the proposed change. If the condition referred to in (A) is met but the condition referred to in (B) above is not met, the Auction Rate for the next Auction Period shall be the Maximum Interest Rate, and the Auction Period shall be a seven-day Auction Period.

Columbus City Bulletin (Publish Date 07/29/06) 320 of 408 (ii) During any Auction Rate Period, the Auction Agent, at the direction of the Corporation, may specify an earlier Auction Date (but in no event more than five Business Days earlier) than the Auction Date that would otherwise be determined in accordance with the definition of "Auction Date" in order to conform with then current market practice with respect to similar securities or to accommodate economic and financial factors that may affect or be relevant to the day of the week constituting an Auction Date and the interest rate borne on the Bonds. The Auction Agent shall provide notice of its determination to specify an earlier Auction Date for an Auction Period by means of a written notice delivered at least 45 days prior to the proposed changed Auction Date to the Municipality, the Bond Registrar, the Broker-Dealer and the Depository.

(k) Auction Agent.

(i) The Auction Agent shall be appointed by the Bond Registrar at the written direction of the Municipality, to perform the functions specified herein. The Auction Agent shall designate its Principal Office and signify its acceptance of the duties and obligations imposed upon it hereunder by a written instrument, delivered to the Municipality, the Bond Registrar, and each Broker-Dealer which shall set forth such procedural and other matters relating to the implementation of the Auction Procedures as shall be satisfactory to the Municipality and Bond Registrar

(ii) Subject to any applicable governmental restrictions, the Auction Agent may be or become the owner of or trade in Bonds with the same rights as if such entity were not the Auction Agent.

(l) Qualifications of Auction Agent; Resignation; Removal. The Auction Agent shall be (a) a bank or trust company organized under the laws of the United States or any state or territory thereof having a combined capital stock, surplus and undivided profits of at least $30,000,000, or (b) a member of NASD having a capitalization of at least $30,000,000 and, in either case, authorized by law to perform all the duties imposed upon it by this Ordinance and a member of or a participant in, the Depository. The Auction Agent may at any time resign and be discharged of the duties and obligations created by this Ordinance by giving at least ninety (90) days notice to the Municipality and the Bond Registrar. The Auction Agent may be removed at any time by the Municipality by written notice, delivered to the Auction Agent, and the Bond Registrar. Upon any such resignation or removal, the Bond Registrar at the direction of the Municipality, shall appoint a successor Auction Agent meeting the requirements of this section. In the event of the resignation or removal of the Auction Agent, the Auction Agent shall pay over, assign and deliver any moneys and Bonds held by it in such capacity to its successor. The Auction Agent shall continue to perform its duties until its successor has been appointed by the Bond Registrar. In the event that the Auction Agent has not been compensated for its services, the Auction Agent may resign by giving thirty (30) days notice to the Municipality and the Bond Registrar even if a successor Auction Agent has not been appointed.

SECTION 10. Execution and Authentication and Payment (a) The Bonds shall set forth the purposes for which they are issued and that they are issued pursuant to this Ordinance, and shall be executed by the Mayor and the Fiscal Officer of the Municipality, in their official capacities, provided that any of those signatures may be a facsimile. No Bond shall be valid or become obligatory for any purpose or shall be entitled to any security or benefit under this Ordinance unless and until a certificate of authentication, as printed on the Bond, is signed by the Bond Registrar as authenticating agent. Authentication by the Bond Registrar shall be conclusive evidence that the Bond so authenticated has been duly issued and delivered under this Ordinance and is entitled to the security and benefit of this Ordinance.

(b) The Bond Service Charges on the Bonds shall be payable in lawful money of the United States of America without deduction for the services of the Bond Registrar as paying agent. The principal of and premium, if any, on the Bonds shall be payable upon presentation and surrender of the Bonds at the office of the Bond Registrar. Each Bond shall bear interest during each applicable Interest Accrual Period until the entire principal amount of the Bonds has been paid or duly provided for. Interest on any Bond shall be paid on each Interest Payment Date for such Bond for unpaid interest accrued during the Interest Accrual Period by check or draft mailed to the Bondholder as of the close of business on Record Date for such Interest Payment Date, as reflected on the Bond Register at the address appearing therein.

(c) Interest payable on the Bonds while in Auction Mode on any Interest Payment Date to a registered owner in

Columbus City Bulletin (Publish Date 07/29/06) 321 of 408 the aggregate principal amount of $1,000,000 or more may, upon written request by such registered owner received by the Bond Registrar prior to the Record Date preceding such Interest Payment Date, be paid by wire transfer on the date due to a designated account in the United States. Such written request shall remain in effect until rescinded in writing by such registered owner. The principal of each Bond in Auction Mode at maturity will be paid upon presentation and surrender thereof at the office of the Bond Registrar.

(d) Notwithstanding the provisions of subsection (b) of this Section 10, when the Bonds are issuable only under a book entry system the portion of the interest due and payable on LFI Bonds equal to the difference between the total interest due and payable thereon and the interest that would have been due and payable thereon had the LFI Bonds borne interest at the rate or rates applicable to Bonds which are not LFI Bonds shall be paid by the Municipality directly to the Liquidity Facility Issuer rather than to the Depository, or its nominee, as holder of the LFI Bonds.

(e) Any interest on any Bond which is payable, but is not punctually paid or provided for, on any Interest Payment Date (herein called "Defaulted Interest") shall forthwith cease to be payable to the Bondholder on the relevant Record Date by virtue of having been such owner and such Defaulted Interest shall be paid to the Bondholder in whose name the Bond is registered at the close of business on a date (the "Special Record Date") to be fixed by the Bond Registrar, such Special Record Date to be not more than 15 nor less than 10 days prior to the date of proposed payment. The Bond Registrar shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first class postage prepaid, to each Bondholder, at its address as it appears in the Bond Register, not less than 10 days prior to such Special Record Date, and may, in its discretion, cause a similar notice to be published once in a newspaper in each place where Bonds are payable, but such publication shall not be a condition precedent to the establishment of such Special Record Date. While the Bonds are in Auction Mode, the Bond Registrar shall determine, not later than 2:00 p.m. Eastern Time, on each Interest Payment Date, whether Defaulted Interest is due. Such Defaulted Interest shall equal the Non-Payment Rate on the first day of each such Auction Period, provided that if an Auction occurred on the Business Day immediately preceding any such Auction Period, the applicable Auction Rate for such Auction Period shall be the Non-Payment Rate.

(f) Subject to the foregoing provisions of this Section 10, each Bond delivered by the Bond Registrar upon transfer of or in exchange for or in lieu of any other Bond shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond.

SECTION 11. Registration; Transfer (a) The Board of Trustees of the Sinking Fund of the City of Columbus, Ohio is hereby authorized and directed to serve as Bond Registrar for the Bonds. If at any time the Bond Registrar shall be unable or unwilling to serve as such, or the Director of Finance and Management or the Fiscal Officer, in such officer's discretion, shall determine that it would be in the best interest of the Municipality for such functions to be performed by another party, the Director of Finance and Management or the Fiscal Officer, may, and is hereby authorized and directed to, enter into an agreement with a national banking association or other appropriate institution experienced in providing such services, to perform the services required of the Bond Registrar hereunder. Each such successor Bond Registrar shall promptly advise all bondholders of the change in identity and new address of the Bond Registrar.

(b) So long as any of the Bonds remain outstanding, the Municipality will cause the Bond Register to be maintained and kept by the Bond Registrar at the office of the Bond Registrar. Subject to the provisions of Section 10 of this Ordinance, the person in whose name any Bonds shall be registered on the Bond Register shall be regarded as the absolute owner thereof for all purposes, and payment of or on account of the Bond Service Charges on any Bond shall be made only to or upon the order of that person. Neither the Municipality nor the Bond Registrar shall be affected by any notice to the contrary, but the registration may be changed as herein provided. All payments shall be valid and effectual to satisfy and discharge the liability upon the Bonds, including the interest thereon, to the extent of the amount or amounts so paid.

(c) Any Bond, upon presentation and surrender at the office of the Bond Registrar, together with a request for exchange signed by the registered owner or by a person authorized by the owner to do so by a power of attorney in a form satisfactory to the Bond Registrar, may be exchanged for Bonds of any authorized denomination or denominations equal in the aggregate to the unmatured principal amount of the Bonds surrendered, and bearing interest at the same rate and

Columbus City Bulletin (Publish Date 07/29/06) 322 of 408 maturing on the same date.

(d) A Bond may be transferred only on the Bond Register upon presentation and surrender thereof at the principal office of the Bond Registrar, together with an assignment executed by the registered owner or by a person authorized by the owner to do so by a power of attorney in a form satisfactory to the Bond Registrar. Upon that transfer, the Bond Registrar shall complete, authenticate and deliver a new Bond or Bonds of any authorized denomination or denominations equal in the aggregate to the unmatured principal amount of the Bonds surrendered, and bearing interest at the same rate and maturing on the same date.

Columbus City Bulletin (Publish Date 07/29/06) 323 of 408 break5 (e) In all cases in which Bonds are exchanged or transferred hereunder, the Municipality shall cause to be executed and the Bond Registrar shall authenticate and deliver Bonds in accordance with the provisions of this Ordinance. The exchange or transfer shall be without charge to the owner; except that the Municipality and Bond Registrar may make a charge sufficient to reimburse them for any tax or other governmental charge required to be paid with respect to the exchange or transfer. The Municipality or the Bond Registrar may require that those charges, if any, be paid before it begins the procedure for the exchange or transfer of the Bonds. All Bonds issued upon any transfer or exchange shall be the valid obligations of the Municipality, evidencing the same debt, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon that transfer or exchange.

SECTION 12. Book Entry System (a) The Bonds shall be initially issued to a Depository for use in a book entry system, and the provisions of this Section shall apply notwithstanding any other provision of this Ordinance: (i) there shall be a single Bond of each maturity; (ii) those Bonds shall be registered in the name of the Depository or its nominee, as registered owner, and immobilized in the custody of the Depository; (iii) the beneficial owners in book entry form shall have no right to receive Bonds in the form of physical securities or certificates; (iv) ownership of beneficial interests in any Bonds in book entry form shall be shown by book entry on the system maintained and operated by the Depository, and transfers of the ownership of beneficial interests shall be made only by the Depository and by book entry; and (v) the Bonds as such shall not be transferable or exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the Municipality.

(b) If any Depository determines not to continue to act as a depository for the Bonds for use in a book entry system, the Municipality and the Bond Registrar may attempt to have established a depository/book entry relationship with another qualified Depository under this Ordinance. If the Municipality and the Bond Registrar do not or are unable to do so, the Municipality and the Bond Registrar, after the Bond Registrar has made provision for notification of the beneficial owners by the then Depository, shall permit withdrawal of the Bonds from the Depository, and authenticate and deliver Bond certificates in fully registered form to the assigns of the Depository or its nominee, all at the cost and expense (including costs of printing definitive Bonds), if the event is not the result of action or inaction by the Municipality or the Bond Registrar, of those persons requesting such issuance.

(c) Notwithstanding anything in this Ordinance to the contrary, so long as the Bonds are held under a book entry system, Bonds will not be delivered in connection with the provisions of this Ordinance relating to the tender or deemed tender of Bonds; rather, transfer of beneficial ownership of Bonds tendered or deemed tendered pursuant to this Ordinance shall be effected pursuant to the rules and procedures established by the Depository.

SECTION 13. Sale of Bonds; Certificate of Award; Official Statement (a) The sale and award of the Bonds shall be evidenced by the Certificate of Award signed by the Director of Finance and Management or the Fiscal Officer. The Certificate of Award shall state, among other things, the Purchase Price, the Initial Interest Rate and the Wednesday that is the last day of the first Interest Period.

(b) The Bonds shall be awarded and sold to the Original Purchaser, in accordance with the Bond Purchase Contract, at the Purchase Price. The Bond Purchase Contract shall be executed on behalf of the Municipality by the Director of Finance and Management and the Fiscal Officer, or either of them acting alone, and shall be in such form and shall contain such terms, covenants and conditions not inconsistent with this Ordinance and permitted by applicable law as shall be approved by the official executing the Bond Purchase Contract. The approval of the Bond Purchase Contract shall be conclusively evidenced by the execution of the Bond Purchase Contract by such official. It is hereby determined that the Purchase Price, the provisions for the determination of the interest rates and the Conversion Date for the Bonds, the manner of sale and the terms of the Bonds, all as provided in this Ordinance and in the Bond Purchase Contract, will be in the best interests of the Municipality and consistent with all legal requirements.

(c) The Director of Finance and Management, the Fiscal Officer and the Clerk are directed to make the necessary arrangements on behalf of the Municipality to establish the date, location, procedure and conditions for the delivery of the Bonds to the Original Purchaser. Those officers are further directed to take all steps necessary to effect due execution, authentication and delivery of the Bonds under the terms of this Ordinance and the Bond Purchase Contract.

Columbus City Bulletin (Publish Date 07/29/06) 324 of 408 (d) The distribution of an Official Statement of the Municipality, in preliminary and final form, relating to the original issuance of the Bonds is hereby authorized, and the Director of Finance and Management is hereby authorized and directed to prepare and execute, on behalf of the Municipality and in his or her official capacity, the Official Statement and any supplements thereto as so executed in connection with the original issuance of the Bonds, and the Director of Finance and Management is authorized and directed to advise the Original Purchaser in writing regarding limitations on the use of the Official Statement and any supplements thereto for purposes of marketing or reoffering the Bonds as deemed necessary or appropriate to protect the interests of the Municipality.

(e) To provide for the payment of the costs of issuance of the Bonds, which shall include, but shall not be limited, to the fees and expenses of the Municipality's bond counsel, the fees and expenses of the Municipality's financial advisor, the fees and expenses of the Underwriter, rating agency fees and printing fees, the Municipality is hereby authorized to expend a sum not to exceed Five Hundred Thousand Dollars ($500,000), and such amount is hereby deemed appropriated, which amount shall be allocated to, and paid from, the benefiting funds as determined by the Fiscal Officer.

(f) This Council hereby declares that the Bonds are "obligations" within the meaning of Section 323.07(a)(7) of the Columbus City Codes. The Certificate of Award shall identify the annual financial information and operating data which will constitute the "annual information" for purposes of said Section 323.07.

SECTION 14. Application of Proceeds (a) The proceeds from the sale of the Bonds, except accrued interest, premium, if any, or costs of issuance allocable to the Bonds (to wit: $79,980,000) shall be deposited in the City Treasury and allocated to the following funds and projects in the amounts set forth below:

Fund Project Amount Description 664 650014 $ 500,000 Sanitary Sewer Construction 664 650033 24,995,300 Big Walnut Sanitary Trunk Extension, Section F1 664 650046 4,000,000 Alum Creek Sanitary Relief Sewer 664 650100 150,000 Sanitary Sewer Contingencies 664 650243 366,163 JPWWTP, Sludge Holding Facilities 664 650247 789,000 JPWWTP A-Plant Wet Weather Hydraulic Imp 664 650253 900,000 JPWWTP, Disinfection Chemical Handling Fac 664 650252 462,927 JPWWTP, New Headworks 664 650255 92,300 JPWWTP, Skimmings Concentration Sys Imp 664 650258 978,000 Facilities & Equipment Upgrade for WSST 664 650348 855,557 WWTF Instrumentation & Control Sys Upgrade 664 650349 210,000 SWWTP, Sludge Dewatering & Misc Imp 664 650350 1,000,000 WWTF's Renovations & Rehab-Dry Basement 664 650351 3,554,075 Wastewater Treatment Facilities Const. & Cont. 664 650358 1,069,000 SWWTP, Center Train Concrete Rehab 664 650359 1,208,000 SWWTP, Sludge Thickening Imp & Add'l Renov 664 650360 3,000,000 Wastewater Treatment Facilities Upgrade-Gen. 664 650363 2,736,000 SWWTP, New Effluent Pump Sta & Outfall 664 650364 1,729,000 SWWTP, New Headworks, Part 2 664 650366 4,710,000 SWWTP, Final Clarifier Add & Imp 664 650390 2,723,402 Program Mgt of WWMO 2005-2010 Projects 664 650404 3,458,000 Sanitary System Rehab. - City Wide 664 650405 1,500,000 San. Sys. Rehab. 664 650429 542,045 Cleveland Ave Fort Hayes Separation 664 650460 1,500,000 Sewer System Capacity Model Update 2006 664 650491 2,000,000 BWAI Intermodal (Rickenbacker) 664 650497 4,000,000 Upper Scioto W Subtrunk-Hayden Run Rd 664 650552 395,500 Utilities Complex Imp, New Customer Svc 664 650577 700,000 Hilock/Lewis Roads Assess. Sewer 664 650600 1,860,460 Franklin-Main Int. Rehab 664 650618 140,000 Chestnut St. Combined Sewer Rehab.

Columbus City Bulletin (Publish Date 07/29/06) 325 of 408 664 650619 1,457,954 Strimple , Kilbourne and Minerva Ave San Sewer 664 650625 100,000 Beulah Rd. Trunk Sewer Rehab. 664 650691 52,450 OSIS-Downtown Odor Control 664 650695 375,867 Fulton/Mound/Noble Sewer Rehab 664 650696 1,000,000 Scioto Main/West Side Relief Sewer Rehab. 664 650697 1,090,000 Downtown Manhole Rehab 664 650698 575,000 Sewer System I/I-Downspout Elim. Pilot Proj. 64 650699 50,000 Merwin Hill Area Assessment Sewer 66465070080,000Portage Rrove Area Assessment Sewer 664 650704 2,000,000 OSIS (OARS)Aug. and Relief Sewer-Whittier to JPWWTP Phs 2,3,4 664 650718 100,000 Whetstone Park Wet Weather Relief Project 664 650719 17,000 Downtown Comb. Area Sys. Renov.-Pt. 1 664 650720 18,000 Downtown Comb. Area Sys. Renov.-Pt. 2 664 650721 15,000 Downtown Comb. Area Sys. Renov.-Pt. 3 664 650722 22,000 Downtown Comb. Area Sys. Renov.-Pt. 4 664 650879 902,000 McKinley Ave. Sanitary

Total $79,980,000

(b) All moneys necessary to carry out the purpose of this Ordinance are hereby demed pproriated and authorized for expenditure by the Fiscal Officer.

SECTION 15. Liquidity Facility; Alternate Liquidity Facility; Release of Liquidity Facility (a) No Liquidity Facility shall be provided initially with respect to the Bonds. The Municipality is authorized, but the Municipality shall not be required, to deliver to the Tender Agent a Liquidity Facility provided, however, that such officials shall not deliver a Liquidity Facility, and a Liquidity Facility shall not be considered in effect for purposes of this Ordinance unless: (i) the Liquidity Facility would satisfy the requirements of Section 7(g) of this Ordinance, and (ii) the Municipality has obtained, at or prior to the delivery of the Liquidity Facility, (A) a written opinion of nationally recognized bond counsel stating that the delivery of the Liquidity Facility is authorized under this Ordinance, complies with the terms of this Ordinance, and will not adversely affect the exemption from federal income taxation of interest on any Bonds, (B) a written opinion of counsel to the Liquidity Facility Issuer to the effect that upon its delivery to the Tender Agent, the Liquidity Facility will be a valid and binding obligation of the Liquidity Facility Issuer, enforced in accordance with its terms, subject to customary exceptions relating to bankruptcy and insolvency, and (C) Rating Maintenance Letters have been received from the Rating Agencies. The Director of Finance and Management and the Fiscal Officer, or either of them acting alone, are authorized to execute and deliver any agreements necessary in connection with the delivery of the Liquidity Facility and are also authorized to make covenants and representations in the Certificate of Award that are determined by such officers to be necessary in connection with a Liquidity Facility or in connection with the Municipality providing its own liquidity for the Bonds.

(b) The Municipality may arrange for the extension of the Expiration Date for any integral multiples of one year periods, provided that written evidence of any such extension is furnished by the Liquidity Facility Issuer to the Bond Registrar, the Tender Agent and the Remarketing Agent at least 45 days prior to the Expiration Date then in effect.

(c) The Municipality may at any time substitute an Alternate Liquidity Facility for an existing Liquidity Facility, subject to the limitations set forth in this Section 15. Any Alternate Liquidity Facility must be effective on the Expiration Date of the Liquidity Facility then in effect, and the stated Expiration Date of the Alternate Liquidity Facility must be no earlier than the first anniversary of its effective date.

(d) The Municipality shall provide written notice to the Bond Registrar, the Tender Agent, and the Remarketing Agent of its intention to deliver an Alternate Liquidity Facility at least 30 days prior to the effective date of the Alternate Liquidity Facility. The notice shall be accompanied by (i) a written opinion of nationally recognized bond counsel selected by the Municipality stating that delivery of the Alternate Liquidity Facility will not adversely affect the exemption from federal income taxation of the interest on the outstanding Bonds; (ii) a written opinion of counsel to the issuer of the Alternate Liquidity Facility to the effect that, upon its delivery to the Tender Agent, the Alternate Liquidity Facility will be

Columbus City Bulletin (Publish Date 07/29/06) 326 of 408 a valid and binding obligation of the issuer thereof, enforceable in accordance with its terms, subject to customary exceptions relating to bankruptcy and insolvency; and (iii) Rating Maintenance Letters, if any, received from the Rating Agencies. If Rating Maintenance Letters from the Rating Agencies are not delivered to the Bond Registrar at least 30 days prior to the effective date of the Alternate Liquidity Facility, the Bond Registrar shall give the holders of the Bonds a notice of occurrence of a Liquidity Facility Event, in accordance with the provisions of subsection (a) of Section 8 of this Ordinance. Within two (2) Business Days following receipt of notice of the Municipality's intention to deliver an Alternate Liquidity Facility, the Bond Registrar shall forward a copy of such notice to the Depository. The Director of Finance and Management and the Fiscal Officer, or either of them acting alone, are authorized to execute and deliver any agreements necessary in connection with the delivery of the Liquidity Facility.

(e) The Municipality may at any time, by written notice to the Tender Agent with copies to the Bond Registrar, the Remarketing Agent, and the Rating Agencies, direct the Tender Agent to release the Liquidity Facility and surrender the Liquidity Facility to the Liquidity Facility Issuer without substituting an Alternate Liquidity Facility. The written notice shall set forth the date on which the Liquidity Facility is to be released and surrendered, which date (i) shall not be earlier than 45 days after the date of notice, (ii) shall be the 15th day of a calendar month (or if such day is not a Business Day, the next succeeding Business Day), and (iii) shall become the Expiration Date for purposes of this Ordinance. Upon receipt of the notice, the Bond Registrar shall give the holders of the Bonds a notice of occurrence of a Liquidity Facility Event, in accordance with the provisions of subsection (a) of Section 8 of this Ordinance.

SECTION 16. Remarketing Agent (a) J.P.Morgan Securities Inc. shall be the Remarketing Agent. The Director of Finance and Management and the Fiscal Officer, and either of them acting alone, are authorized and directed to execute and deliver, as may be appropriate, in the name and on behalf of the Municipality, the Remarketing Agent Agreement. The Remarketing Agent Agreement shall be in such form and contain such terms, covenants and conditions not inconsistent with this Ordinance, including but not limited to, the agreements of the Remarketing Agent: (i) to keep such books and records as shall be consistent with prudent industry practice and to make such books and records available for inspection by the Municipality and the Tender Agent at all reasonable times;

(ii) to deliver to the Municipality and the Tender Agent, within one Business Day of the receipt thereof by the Remarketing Agent, advice of each notice delivered to it in accordance with subsection (a) of Section 7 of this Ordinance;

(iii) not later than 4:00 p.m., Eastern Time, on the Business Day immediately preceding any day on which Bonds are tendered or deemed tendered pursuant to subsection (a) or (b) of Section 7 of this Ordinance, to give notice, by telecopy, telegraph, telex, facsimile transmission or other similar means of communication, to the Municipality, the Liquidity Facility Issuer, if any, and the Tender Agent specifying the principal amount of such Bonds, if any, not remarketed by it as of such day pursuant to subsection (c) of Section 7 of this Ordinance;

(iv) not later than the close of business on each Interest Determination Date, to give notice, by telecopy, telegraph, telex, facsimile transmission or other similar means of communication, to the Municipality and the Liquidity Facility Issuer, if any, specifying the interest rate for the Bonds for the next Interest Period, determined pursuant to and in accordance with Section 6 of this Ordinance; and

(v) to deliver any Bonds delivered to it pursuant to this Ordinance to the persons to whom the same are to be delivered in accordance with subsection (i) of Section 7 of this Ordinance.

(b) The Remarketing Agent may at any time resign and be discharged of the duties and obligations created by this Ordinance by giving at least ninety (90) days' notice to the Municipality, the Tender Agent and the Liquidity Facility Issuer, if any. The Remarketing Agent may be removed at any time, upon ten day (10) days written notice, at the direction of the Municipality, by an instrument signed by the Executive Officer, the Director of Finance and Management or the Fiscal Officer, filed with the Remarketing Agent, the Tender Agent and the Liquidity Facility Issuer. A successor Remarketing Agent shall be selected by the Municipality and shall have a capitalization of at least $5,000,000, shall be a member of the National Association of Securities Dealers, Inc. and be authorized by law to perform all the duties imposed upon it by the this Ordinance, provided, however, that no person shall be appointed successor Remarketing Agent if the appointment of such person as successor Remarketing Agent would result in a reduction in the ratings of the Bonds by a

Columbus City Bulletin (Publish Date 07/29/06) 327 of 408 Rating Agency, if the Bonds are then rated by such Rating Agency.

(c) In the event that the Remarketing Agent shall resign or be removed, or be dissolved, or if the property or affairs of the Remarketing Agent shall be taken under the control of any state or federal court or administrative body because of bankruptcy or insolvency, or for any other reason, and the Municipality shall not have appointed a successor Remarketing Agent, the Bond Registrar shall, to the extent permitted by law, be deemed to be the Remarketing Agent for all purposes of this Ordinance until the appointment by the Municipality of a successor Remarketing Agent; provided, however, that the Bond Registrar acting in the capacity of Remarketing Agent shall not be obligated to (i) offer for sale any Bonds delivered to the Tender Agent pursuant to Section 7 of this Ordinance or (ii) determine an interest rate for the Bonds pursuant to Section 6 of this Ordinance.

SECTION 17. Tender Agent (a) The Tender Agent shall be identified in the Certificate of Award. The Director of Finance and Management and the Fiscal Officer, and either of them acting alone, are authorized and directed to execute and deliver, as may be appropriate, in the name and on behalf of the Municipality, the Tender Agent Agreement. The Tender Agent Agreement shall be in such form and contain such terms, covenants and conditions not inconsistent with this Ordinance, including but not limited to, the agreements of the Tender Agent:

(i) to hold all Bonds delivered to it pursuant to this Ordinance in trust for the benefit of the respective Bondholders who shall have so delivered such Bonds until moneys representing the purchase price of such Bonds shall have been delivered to or for the account of or to the order of such Bondholders;

(ii) to hold all moneys delivered to it for the purchase of Bonds in trust for the benefit of the person who shall have so delivered such moneys until the Bonds purchased with such moneys shall have been delivered to or for the account of such person;

(iii) to keep such books and records as shall be consistent with prudent industry practice and to make such books and records available for inspection by the Municipality, the Bond Registrar and the Remarketing Agent; and

(iv) not later than the close of business on any day on which Bonds are deemed tendered pursuant to subsections (a) or (b) of Section 7 of this Ordinance, to notify the Municipality of any failure of delivery of such Bonds.

(b) The Tender Agent may at any time resign and be discharged of the duties and obligations created by this Ordinance by giving at least sixty (60) days' notice to the Municipality, the Bond Registrar, the Liquidity Facility Issuer, if any, and the Remarketing Agent. The Tender Agent may be removed at any time upon ten (10) days' written notice, at the direction of the Municipality, by an instrument signed by the Executive Officer, the Director of Finance and Management or the Fiscal Officer, filed with the Tender Agent, the Bond Registrar, the Liquidity Facility Issuer, if any, and the Remarketing Agent. A successor Tender Agent shall be appointed by the Municipality and shall be a bank or trust company having an aggregate of capital, paid in surplus and retained earnings of not less than $15,000,000. If the Tender Agent resigns or is removed, the Bond Registrar shall assume the duties and responsibilities of Tender Agent for all purposes of this ordinance and the Bonds until a successor Tender Agent is appointed. If the Bonds have been withdrawn from a book entry system and delivered in certificated form, any successor Tender Agent shall have its Principal Office in New York, New York.

SECTION 18. Notices to Rating Agencies The Director of Finance and Management or the Fiscal Officer shall give written notice to each Rating Agency of: (i) any optional redemption or defeasance of Bonds; (ii) any amendment to this Ordinance; (iii) any termination or expiration of the Liquidity Facility or modification of the Expiration Date; and (iv) any substitution of Tender Agent or Remarketing Agent.

Columbus City Bulletin (Publish Date 07/29/06) 328 of 408 break6 SECTION 19. Federal Income Tax Compliance (a) The Municipality hereby covenants that it will comply with the requirements of all existing and future laws which must be satisfied in order that interest on the Bonds is and will continue to be excluded from gross income for federal income tax purposes, including without limitation restrictions on the use of the property financed with the proceeds of the Bonds so that the Bonds will not constitute "private activity bonds" within the meaning of Section 141 of the Code. The Municipality further covenants that it will restrict the use of the proceeds of the Bonds in such manner and to such extent, if any, as may be necessary, after taking into account reasonable expectations at the time the debt is incurred, so that they will not constitute arbitrage bonds under Section 148 of the Code and the regulations prescribed thereunder.

(b) The Fiscal Officer and the Director of Finance and Management, or either of them acting alone, are hereby authorized and directed (a) to make or effect any election, selection, designation, choice, consent, approval or waiver on behalf of the Municipality with respect to the Bonds as permitted or required to be made or given under the federal income tax laws, for the purpose of assuring, enhancing or protecting favorable tax treatment or the status of the Bonds or interest thereon or assisting compliance with requirements for that purpose, reducing the burden or expense of such compliance, reducing any rebate amount or any payment of penalties, or making any payments of special amounts in lieu of making computations to determine, or paying, any excess earnings as rebate, or obviating those amounts or payments, as determined by the Fiscal Officer or the Director of Finance and Management, which action shall be in writing and signed by the Fiscal Officer or the Director of Finance and Management; (b) to take any and all actions, make or obtain calculations, and make or give reports, covenants and certifications of and on behalf of the Municipality, as may be appropriate to assure the exclusion of interest from gross income and the intended tax status of the Bonds; and (c) to give an appropriate certificate on behalf of the Municipality for inclusion in the transcript of proceedings, setting forth the facts , estimates and circumstances, and reasonable expectations of the Municipality pertaining to the representations, warranties and covenants of the Municipality regarding compliance by the Municipality with Sections 141 through 150 of the Code.

(c) The Fiscal Officer shall keep and maintain adequate records pertaining to investment of all proceeds of the Bonds sufficient to permit, to the maximum extent possible and presently foreseeable, the Municipality to comply with any federal law or regulation now or hereafter having applicability to the Bonds which limits the amount of Bond proceeds which may be invested at an unrestricted yield or requires the Municipality to rebate arbitrage profits to the United States Department of the Treasury. The Fiscal Officer is hereby authorized and directed to file such reports with, and rebate arbitrage profits to, the United States Department of the Treasury, to the extent that any federal law or regulation having applicability to the Bonds requires any such reports or rebates. Moneys necessary to make such rebate payments are hereby appropriated for such purposes.

SECTION 20. Valid and Binding Obligations It is hereby found and determined that all acts, conditions and things necessary to be done precedent to and in the issuing of the Bonds in order to make them legal, valid and binding obligations of the Municipality have happened, been done and been performed in regular and due form as required by law; that the faith, credit and revenue of the Municipality are hereby irrevocably pledged for the prompt payment of the principal and interest thereof at maturity; and that no limitation of indebtedness or taxation, either statutory or constitutional, has been exceeded in issuing the Bonds.

SECTION 21. Open Meeting Compliance It is hereby found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.

SECTION 22. Filings with County Auditors The City Clerk is hereby directed to forward certified copies of this Ordinance to the County Auditors of Franklin, Fairfield and Delaware Counties, Ohio.

SECTION 23. Effective Date In accordance with Section 55(b) of the Charter of the City of Columbus, Ohio, this Ordinance shall take effect and be in force from and immediately after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.

Columbus City Bulletin (Publish Date 07/29/06) 329 of 408 EXHIBIT A

[FORM OF NOTICE OF TENDER PURSUANT TO SECTION 7(a)]

NOTICE OF TENDER OF CITY OF COLUMBUS, OHIO VARIOUS PURPOSE ADJUSTABLE RATE UNLIMITED TAX BONDS SERIES 2006-1

TO: ______, as Tender Agent ______, as Remarketing Agent

DESCRIPTION OF BONDS TO BE TENDERED

Name(s), Address(es) and DTC Participant Bond(s) Tendered (Attach additional number(s) of Bondholder(s) list if necessary) (Please fill in) Principal Amount Numbers of Bonds Tendered

The undersigned, Bondholder(s) of the above-described Bonds, hereby irrevocably submit(s) this Notice of Tender as an election to tender such Bonds for purchase on ______(insert the date of tender, which must be a permitted tender date pursuant to the terms of the Bonds) (the "Tender Date"), in accordance with Section 7(a) of Ordinance __-2006 (the "Bond Ordinance") adopted by the City Council of the City of Columbus, Ohio (the "Municipality").

The undersigned hereby agrees to deliver the above-described Bonds to ______(the "Tender Agent") at ______, ______, Ohio, _____, Attn ______at or prior to 11:30 a.m., Eastern Time, on the Tender Date and acknowledges that: (a) failure to so deliver such Bonds will result in Bonds owned by the undersigned selected by the Bond Registrar, identified in the Bond Ordinance, by lot in such manner as it shall determine, being deemed to have been tendered as required by the Bond Ordinance; (b) that following such tender or deemed tender no further interest will accrue on such Bonds; and (c) such Bonds will no longer be deemed to be outstanding Bonds following the Tender Date.

The undersigned hereby sells, assigns and transfers to, or upon the order of, the Tender Agent all right, title and interest in and to all Bonds that are being tendered hereby and appoints the Tender Agent the true and lawful agent and attorney-in-fact of the undersigned with respect to such Bonds with full power of substitution to (a) transfer ownership of such Bonds on the account books maintained by the Bond Registrar together, in any such case, with all accompanying evidences of transfer and authenticity to or upon the order of the Tender Agent upon receipt by the Tender Agent, as the undersigned's agent, of the purchase price, (b) present such Bonds for transfer on the books of the Municipality, and (c) receive all benefits and otherwise exercise all rights of beneficial ownership of such Bonds.

Columbus City Bulletin (Publish Date 07/29/06) 330 of 408 SIGN HERE

______

______Signature(s) of Bondholder(s)

Dated: ______, 20____

(Must be signed by Bondholder(s) exactly as name(s) appears on Bonds or on a security position listing or by person authorized to become Bondholder by certificates and documents transmitted herewith. If signature is by trustee, executor, administrator, guardian, attorney-in-fact, officer of corporation or others acting in a fiduciary or representative capacity, please set forth full title).

Name(s)

(Please Print)

Capacity

Address

(Including Zip Code)

(Area Code and Tel. No.)

(Tax Identification Number)

Legislation Number: 1379-2006

Drafting Date: 07/14/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

Explanation Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Hap Cremean Raw Water Line project.

Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Water , Waterworks Enlargement Voted 1991 Bonds Funds.

Emergency Justification: Emergency legislation is being requested to allow acquisition of these parcels necessary for this project to proceed without delay in order to continue engineering design services for this project critical to providing increased safety to the water supply to the greater Columbus area.

Columbus City Bulletin (Publish Date 07/29/06) 331 of 408 Title To authorize the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Hap Cremean Raw Water Line project and to declare an emergency.

Body WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Hap Cremean Raw Water Line project; and

WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0055X-2006, on the 3rd day of April, 2006, declaring the necessity and intent to appropriate the real property interests hereinafter described and the purpose of the appropriation, and notice of such adoption of said resolution has been served in accordance with Columbus City Code Sec. 909.03; and,

WHEREAS, an emergency exists in the usual daily operation of the Department of Department of Public Utilities, Division of Water, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, and for the immediate preservation of the public peace, property, health and safety; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Hap Cremean Raw Water Line project, #690265, pursuant to the power and authority granted to a municipal corporation by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:

10PS Easement Area 0.007-Acre Situated in the State of Ohio, County of Franklin, City of Westerville, located in Quarter Township 1, Township 2, Range 17, United State Military Lands, and being within a tract of land conveyed to Diane C. Brown by deed of record in Official Record 19231J07, all references are to records of the Franklin County Recorder's Office, said 0.007 acre being more particularly described as follows: Beginning for reference at a northeasterly corner of the said Brown tract, also being a southwesterly corner of a tract of land conveyed to Nello A. Spagnol, Mary Angela Basinger, and Antonio Spagnol by deeds of record in Volume 2646, Page 289, Official Records 02115B18, 02115B14, and 20413F14; Thence S 0° 54' 01" E, with an easterly line of the said Brown tract, also being the westerly line of the said Nello A. Spagnol, Mary Angela Basinger, and Antonio Spagnol tract, a distance of 425.13 feet to the True Point Of Beginning of the area described herein; Thence S 0° 54' 01" E, continuing with said easterly and said westerly lines, a distance of 36.63 feet to a point; Thence crossing the said Brown tract the following courses: N 60° 06' 38" W, a distance of 18.75 feet to a point; and N 29° 53' 22" E, a distance of 31.47 feet to the True Point Of Beginning containing 0.007 acre of land, more or less. The bearings cited in this description are based on the Ohio State Plane Coordinate System, South Zone as per NAD 83, and were established by tying to Franklin County Engineer's monuments using GPS equipment and procedures. Resource International Inc., Mark S. Ward P.S. No S-7514.

Section 2. That the Council of the City of Columbus, Ohio, declares that the appropriation of said real property interests is necessary for the stated public purpose, and that the City of Columbus, Ohio, has been unable to agree with the

Columbus City Bulletin (Publish Date 07/29/06) 332 of 408 owner(s) as to the just compensation to be paid by the City of Columbus, Ohio.

Section 3. That the Council of the City of Columbus, Ohio, hereby declares the value of the subject real property interests to be Two Hundred Dollars ($200.00).

Section 4. That the City Attorney be and hereby is authorized to file a complaint for appropriation of real property, in a Court of competent jurisdiction, and to have a jury impaneled to make inquiry into and assess the just compensation to be paid for the foregoing described real property interests.

Section 5. That for the reasons state in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.

Legislation Number: 1390-2006

Drafting Date: 07/17/2006 Current Status: Passed

Version: 1 Matter Type: Ordinance

ExplanationBACKGROUND:

Need: The Division of Fire has been awarded a grant from the Department of Homeland Security to purchase body armor for the Bomb Squad. The total cost of the body armor will be $41,516.50 and payment will be issued by Franklin County. The City of Columbus and Franklin County entered into an Intergovernmental Agreement via Ordinance 1917- 2005 to enable this type of purchase.

This legislation will authorize and direct the Director of Finance & Management to execute those documents necessary for the acquisition of this equipment; there is no expenditure for this upgrade, as Franklin County will administer the payment of the upgrade upon legislative approval.

Bid Information: Formal bids were solicited via SA002048 with Roy Tailor Uniforms submitting the lowest and best bid.

Contract Compliance: Roy Tailor Uniforms ~ # 311261664

Emergency Designation: This legislation is to be declared an emergency measure due to it being imperative that legislative approval occur prior to expiration of the grant period.

FISCAL IMPACT:

Budgeted Amount: There is no expenditure associated with this ordinance. TitleTo authorize and direct the Director of Finance & Management to execute those documents necessary for the acquisition of body armor to the Division of Fire's Bomb Squad from Roy Tailor Uniforms, and to declare an emergency. ($0) BodyWHEREAS, the Division of Fire uses body armor in it's Bomb Squad operations; and

WHEREAS, the Division of Fire has been awarded a grant from the Department of Homeland Security to purchase body armor for the Bomb Squad; and

WHEREAS, formal bids were solicited by the Purchasing Office via SA002048 with Roy Tailor Uniforms submitting the lowest and best bid; and

Columbus City Bulletin (Publish Date 07/29/06) 333 of 408 WHEREAS, an emergency exists in the daily operation of the Division of Fire, Department of Public Safety, in that it is necessary to authorize and direct the Director of Finance & Management to execute those documents necessary for the acquisition of body armor prior to the expiration of the grant period, for the preservation of the public health, peace, property, safety and welfare; Now, therefore;

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS

Section 1. That the Director of Finance & Management be and is hereby authorized and directed to execute those documents necessary for the acquisition of body armor for the Division of Fire's Bomb Squad.

Section 2. There is no expenditure for this equipment, as the Franklin County Emergency Management Agency will administer the payment of the upgrade upon legislative approval.

Section 3. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.

Columbus City Bulletin (Publish Date 07/29/06) 334 of 408 Office of City Clerk 90 West Broad Street City of Columbus Columbus OH 43215-9015 City Bulletin Report columbuscitycouncil.org

Legislation Number: 1240-2006

Drafting Date: 06/28/2006 Current Status: Defeated

Version: 1 Matter Type: Ordinance

Explanation Council Variance Application: CV05-056

APPLICANT: Plaza Properties; c/o Jackson B. Reynolds III, Atty.; Smith and Hale; 37 West Broad Street; Columbus, Ohio 43215.

PROPOSED USE: Multi-family residential development.

VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.

CITY DEPARTMENTS' RECOMMENDATION: Disapproval. This request is a companion variance to rezoning application Z05-091, Ordinance 1231-2006. The proposal includes two apartment houses with 111 dwelling units and 87 on-site parking spaces. The site is composed of two tracts separated by an alley. This application includes variances to several code sections, notably a reduction in the number of required parking spaces and a reduction in the clear vision triangle. Staff does not support these variances. Apartment residential uses are appropriate in this area, but the proposed 111 units is overdevelopment of this 1.66-acre site and is incompatible with the established development patterns of the area.

Title To grant a Variance from the provisions of Sections 3333.15(c), Basis of computing area;, 3333.18(F), Building lines; 3333.24, Rear yard; 3333.27, Vision Clearance; 3342.15, Maneuvering; 3342.18, Parking setback line; 3342.28(A)5, Minimum number of parking spaces required; 3333.26(a), Height district; of the Columbus City Code, for the property located at 116 WEST STARR AVENUE (43201), to permit a multi-family development with reduced standards in the AR-O, Apartment Residential Office District (Council Variance # CV05-056).

Body WHEREAS, by application No. CV05-056, the owner of property at 116 WEST STARR AVENUE (43201), is requesting a Council variance to permit a multi-family development with reduced standards in the AR-O, Apartment Residential Office District; and

WHEREAS, Section 3333.15(c), Basis of computing area, limits lot coverage to fifty (50) percent of the lot area, while the applicant proposes 52 percent coverage on Parcel A and 79 percent on Parcel B; and

WHEREAS, Section 3333.18(F), Building lines, requires buildings to have 25-foot front building lines, while the applicant proposes a reduction to five feet for the porch and ten feet for the building on Parcel A; and a reduction to four feet on Parcel B; and

WHEREAS, Section 3333.24, Rear yard, requires each apartment house to have a rear yard of no less than twenty-five percent (25%), while the applicant proposes rear yards of five percent (5%) on Parcel A and eight percent (8%) on Parcel B; and

WHEREAS, Section 3333.27(b), Vision clearance, requires a thirty (30) foot clear vision triangle at intersections, while the applicant proposes ten (10) feet at the northeast corner of the intersection of West Starr and Dennison Avenues; and

WHEREAS, Section 3342.15, Maneuvering, requires every parking space to have sufficient access and maneuvering area, while the applicant proposes to stack ten (10) parking spaces in a garage; and

Columbus City Bulletin (Publish Date 07/29/06) 335 of 408 WHEREAS, Section 3342.18, Parking setback line, requires twenty-five (25) foot parking setbacks for each parcel, while the applicant proposes a five (5) foot parking setback along Dennison Avenue, and a ten (10) foot parking setback along W. Third Avenue; and

WHEREAS, Section 3342.28(A)5, Minimum number of parking spaces required, requires two parking spaces per dwelling unit, while the applicant proposes 78 spaces for 54 dwelling units in Building A; and 91 spaces for 57 dwelling units in Building B; for an overall total of 169 parking spaces for 111 dwelling units; and

WHEREAS, Section 3333.26(a), Height district, limits buildings and other structures to a height of thirty-five (35) feet, while the applicant proposes a forty (40) foot height on Parcel A, and a fifty-five (55) foot height on Parcel B; and

WHEREAS, The Victorian Village Commission recommends approval; and

WHEREAS, City Departments recommend disapproval because this application includes variances to several code sections, notably a reduction in the number of required parking spaces and a reduction in the clear vision triangle. Staff does not support these variances. Apartment residential uses are appropriate in this area, but the proposed 111 units is overdevelopment of this 1.66-acre site and is incompatible with the established development patterns of the area.; and

WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and

WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and

WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 116 WEST STARR AVENUE (43201), in using said property as desired; now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That variances from the provisions of Sections 3333.15(c), Basis of computing area;, 3333.18(F), Building lines; 3333.24, Rear yard; 3333.27(b), Vision Clearance; 3342.15, Maneuvering; 3342.18, Parking setback line; 3342.28(A)5, Minimum number of parking spaces required; 3333.26(a), Height district; of the Columbus City Code, are hereby granted for the property located at 116 WEST STARR AVENUE (43201), insofar that said sections prohibit lot coverage to be greater than fifty percent (50%); require the front building line to be twenty-five (25) feet; require a minimum rear yard of twenty-five percent (25%); require a thirty (30) foot clear vision triangle at intersections; require every parking space to have sufficient access and maneuvering area; require a twenty-five (25) foot parking setback for each parcel; require two parking spaces per dwelling unit; limit the building height at thirty-five (35) feet; said property being more particularly described as follows:

TRACT 1/PARCEL A 0.771 Acres

Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 5, Township 5, Range 22, Refugee Lands, being all of Lots 2 thru 7 of the Henry E. Bryden's Subdivision, Plat Book 2 Page 342, as described in a deed to Third Apollo Co., of record in Deed Book 3554 Page 924, being more particularly described as follows:

Beginning at the southwest corner of said Lot 2 and the intersection of the north line of Starr Avenue (60') and the east line of Dennison Avenue (60');

Thence, northerly, with the west line of Lot 2 and the east line of Dennison Avenue, 140

Columbus City Bulletin (Publish Date 07/29/06) 336 of 408 feet +/-, being the northwest corner of Lot 2 and the intersection of the east line of Dennison Avenue and the south line of a public alley (width varies);

Thence, easterly, with the north line of Lots 2 thru 7 and the south line of said public alley, 240 feet +/-, to the northeast corner of Lot 7;

Thence, southerly, with the east line of Lot 7, 140 feet +/-, to the southeast corner of Lot 7 and being in the north line of Starr Avenue;

Thence, westerly, with south line of Lots 2 thru 7 and the north line of Starr Avenue, 240 feet +/- to the PLACE OF BEGINNING, containing 0.771 acres, more or less.

This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on October 31, 2005.

THIS DESCRIPTION IS NOT FOR RECORDING PURPOSE.

TRACT 2/PARCEL B 0.905 Acres

Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 5, Township 5, Range 22, Refugee Lands, being all of Lots 17 thru 22 and part of Lot 16 of the Hersheiser and Aston Addition, Plat Book 2 Page 115, as described in a deed to Third Apollo Co., of record in Deed Book 3554 Page 924, being more particularly described as follows:

Beginning at a point on the south line of Lot 16 and the north line of a public alley (width varies), 10 feet west from the southeast corner of Lot 16 and the southwest corner of Lot 17 and being on the east line of Dennison Avenue (60');

Thence, northerly, with the east line of Dennison Avenue, crossing said Lot 16, 50 feet +/- to a point of curvature;

Thence, continuing with the easterly line of Dennison Avenue, with a curve to the right, having a radius of 120 feet +/-, a chord which bears northeasterly 169 feet +/-, and a delta of 90o +/-, to a point of tangency, being on the south line of Third Avenue (60');

Thence, easterly with the south line of Third Avenue and with the north lines of Lots 19 thru 22, 130 feet +/-, to the northeast corner of Lot 22;

Thence, southerly, with the east line of Lot 22, 170 feet +/- to the southeast corner of Lot 22;

Thence, westerly, with south line of Lots 16 thru 22 and the north line of a public alley, 250 feet +/- to the PLACE OF BEGINNING, containing 0.905 acres, more or less.

This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on October 31, 2005.

THIS DESCRIPTION IS NOT FOR RECORDING PURPOSE.

SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said properties are used for those uses permitted in the AR-O, Apartment Residential Office District.

Columbus City Bulletin (Publish Date 07/29/06) 337 of 408 SECTION 3. That this ordinance is conditioned on the sites being developed in accordance with the site plan titled, " The Valerian at Victorian Village," signed by Jackson B. Reynolds III, Attorney for the applicant, and dated June 28, 2006.

SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Columbus City Bulletin (Publish Date 07/29/06) 338 of 408

City RFPs, RFQs, and Bids

Columbus City Bulletin (Publish Date 07/29/06) 339 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

CITY OF COLUMBUS FORMAL BID OPPORTUNITIES ARE UPDATED DAILY AT: http://finance.ci.columbus.oh.us/purchasing/openbids/sabids.html

Each proposal shall contain the full name and address of every person, firm or corporation interested in the same, and if corporation, the name and address of the President and Secretary.

EQUAL OPPORTUNITY CLAUSE: Each responsive bidder shall submit, with its bid, a contract compliance certification number or a completed application for certification. Compliance with the provisions of Article I, Title 39, is a condition of the contract. Failure to comply with this Article may result in cancellation of the contract.

WITHHOLDING OF INCOME TAX: All bidders are advised that in order for a contract to bind the City, each contract must contain the provisions found in Section 361.34 C.C.C. with regard to income taxes due or payable to the City of Columbus for wages, salaries and commissions paid to the contractor's employees as well as requiring those contractors to ensure that subcontractors withhold in a like manner.

DELINQUENT PERSONAL PROPERTY TAX: All bidders are charged with notice of Section 5719.042 of the Ohio Revised Code and agree that if this contract is awarded to them, the successful bidder, prior to the time the contract is entered into, will submit to the City Auditor the affidavit required by said section of the Ohio Revised Code. Said affidavit, when filed with City Auditor, is thereby incorporated into and made a part of this contract and no payment shall be made with respect to this contract unless such statement has been so incorporated as a part thereof.

LOCAL CREDIT: For all contracts EXCEPT PROFESSIONAL SERVICE CONTRACTS: In determining the lowest bid for purpose of awarding a contract not exceeding $20,000.00, a local bidder shall receive a credit equal to five percent (5%) of the lowest bid submitted by a non-local bidder. In determining the lowest bid for purposes of awarding a contract in excess of $20,000.00, a local bidder shall receive a credit equal to one percent (1%) or $20,000.00, whichever is less, of the lowest bid submitted by a non-local bidder. A local bidder is a person, corporation or business which (a) has listed its principal place of business as being located within the corporation limits of the City of Columbus or the County of Franklin in official documents filed with Secretary of State, State of Ohio, or a valid vendor's license which indicates its place of business is located within the corporation limits of the City of Columbus or County of Franklin.

FOR COPIES OF ANY OF THE FOLLOWING BID PROPOSALS CALL THE LISTED DIVISION

THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

BID OPENING DATE - July 31, 2006 3:00 pm

SA002097 - Facilities & Safety Training Mgt. RFP

BID NOTICES - PAGE # 1

Columbus City Bulletin (Publish Date 07/29/06) 340 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

REQUEST FOR PROPOSAL FOR PROFESSIONAL SERVICES FOR FACILITIES AND SAFETY TRAINING MANAGEMENT AND DOCUMENTATION SERVICES FOR THE COLUMBUS, OHIO DEPARTMENT OF PUBLIC UTILITIES

Notice is hereby given that the City of Columbus, Ohio, Department of Public Utilities (DPU), Division of Sewerage and Drainage (DOSD), wishes to receive Proposals from firms interested in and qualified for, furnishing professional services in connection with the following project:

FACILITIES AND SAFETY TRAINING MANAGEMENT AND DOCUMENTATION SERVICES

Selection of professional services shall be in accordance with Section 329.14 of Columbus City Codes, 1959. Any agreement or contract entered into will be in accordance with the provisions of Chapter 329, of Columbus City Codes, 1959, the standard agreements for professional services of the Department of Public Utilities, and all other applicable rules and regulations

The City of Columbus encourages the participation of City certified minority and female business enterprises. If the offeror does not have minority/female business ("M/FBE") participation in the proposal, an explanation must be given and included with the proposal to satisfy this requirement. (Note, while the participation of certified minority and female owned businesses is encouraged the level of minority and female participation is not a condition of the bid award). The following equal business opportunity provisions apply to both contractors and subcontractors.

All offerors, and their proposed subcontractors, shall have valid City of Columbus Contract Compliance Numbers (CCCN) at the time their RFP is submitted. Applications for certification may be obtained from the City of Columbus website (www.columbus.gov), or from:

City of Columbus Equal Business Opportunity Commission Office (EBOCO) 109 North Front Street, 4th Floor Columbus, Ohio 43215-9020 (614-645-4764)

All offerors that do not have (1) an application in their bid proposal to secure a contract compliance number or (2) a valid contract compliance number at the time the bid is submitted will be deemed non-responsive and not considered.

An offeror with an expired compliance number will be given 7 business days after bid submittal to update its contract compliance information. If information has not been updated after 7 business days, the proposal will be deemed non-responsive and not considered in the bid award.

Information gathered in the above compliance certification process is monitored by the EBOCO. You may seek assistance in identifying potential M/FBE contractors or checking the status of your compliance number by contacting Tia Roseboro (M/FBE Certification) at 645-2203 or Ginger Cunningham (Contract Compliance) at 645-2192.

INFORMATION PACKETS

BID NOTICES - PAGE # 2

Columbus City Bulletin (Publish Date 07/29/06) 341 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

It is mandatory that all Offerors obtain a free Offeror's Information Packet before 3 PM on Tuesday, July 25, 2006. The packets are available from the Division of Sewerage and Drainage, 1250 Fairwood Avenue, Room 1003, Columbus, Ohio 43206, or by written request to:

City of Columbus, Ohio Division of Sewerage and Drainage Treatment Engineering Section 1250 Fairwood Avenue Room 0020 Columbus, Ohio 43206 (614) 645-0884 Attn: Donald O. Cruden

Offerors are asked to submit their questions to Donald O. Cruden via e-mail at [email protected] before 3:00 PM (EDT) on Tuesday, July 25, 2006.

SUBMISSION DEADLINE Final date for submission of proposal documents will be no later than 3:00 p.m (EDT) Monday, July 31, 2006. Any submittals received after that time will not be considered.

SUBMITTAL REQUIREMENTS

Five (5) copies of the proposal document shall be submitted in a sealed envelope to Steve Salay, Assistant Administrator, DOSD, 1250 Fairwood Avenue, Room 1003, Columbus, Ohio 43206. The envelopes shall be clearly marked on the exterior to denote both the names of the submitting firm and the particular professional services contract for which the proposals are offered.

The following information shall be included in the submittal:

1. Address each of the criteria described below under the heading EVALUATION CRITERIA (considering the qualifications of both the primary staff and the company).

2. Location of local office, identification of project manager and primary staff and their business locations during the project, and assigned responsibilities.

3. City of Columbus Contract Compliance Number (CCCN) for submitting firm and all proposed subcontractors. For those not holding a valid CCCN, submit a copy of the completed, submitted Contract Compliance Certification Application.

4. Additional information specific to this project or this type of work and the evaluation criteria.

5. Present the proposal in an 8? by 11-inch format and bound, employ fonts no smaller than 10 point, and be succinct and clear.

EVALUATION CRITERIA Each proposal will initially be evaluated as to whether the proposed team (i.e. consultant and

BID NOTICES - PAGE # 3

Columbus City Bulletin (Publish Date 07/29/06) 342 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

Subconsultants) meets the established minimum qualifications to perform the work competently. Only teams meeting these minimum qualifications will be evaluated further using the points.

Minimum Qualifications

1. The firm or team must have successful training, safety, and documentation program design and implementation of two similar projects. The projects must be similar in complexity and scope of work and have an estimated cost of at least $300,000 for each project.

2. Management of work under this contract shall require the direct participation of a senior level manager. The project manager must be experienced in the design and implementation of two similar training, safety, and documentation programs for similarly sized wastewater facilities, as noted in Item 1 above.

Submissions will be evaluated by the Evaluation Committee based on the following criteria and rating values:

1. Experience of Team: 40 Points: a. Up to 30 points assigned for implementation of a similar treatment plant training, safety, and documentation program.

b. Up to 5 points assigned for successful history of working with DPU

c. Up to 5 points for successful history of working with multiple. subcontractors and complying with local, state, and federal project requirements.

2. Proposal Quality: Up to 40 Points: a. Up to 15 points for demonstrated understanding of project.

b. Up to 10 points for project approach.

c. Up to 10 points for a work plan that meets the contract needs.

d. Up to 5 points for innovation.

3. Local Workforce: 20 Points: a. At least 90% of the Team's project labor costs are assignable to employees paying City of Columbus income tax on the date the proposal is submitted (Total:20).

b. At least 75% of the Team's project labor costs are assignable to employees paying City of Columbus income tax on the date the proposal is submitted (Total: 15).

c. At least 90% of the Team's labor will be performed in an office location within Franklin County but outside of the Columbus Corporate limits on the date the proposal is submitted (Total: 15).

d. At least 50% of the Team's project labor costs are assignable to employees paying City of Columbus income tax on the date the proposal is submitted (Total: 10).

BID NOTICES - PAGE # 4

Columbus City Bulletin (Publish Date 07/29/06) 343 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

GENERAL DESCRIPTION:

A. The City of Columbus operates two large interconnected municipal wastewater treatment plants, a biosolids composting facility, and a Sewer Maintenance Operations Center. Although a large part of this work is for these facilities, the City may include in this contract similar work for other DPU facilities. The Department of Public Utilities has personnel that require training on equipment, treatment systems, and safety; this proposal shall address these areas of need.

B. This work is part of the City's continuing program to upgrade wastewater treatment facilities, provide efficient, reliable, cost-effective operations, and enhance personnel safety. It is anticipated this contract will be for a five year period and the Professional Services herein shall be funded by incremental appropriations, approximately annually; therefore, an annual submittal is required containing the annual work plan and annual schedule 3A budget. This work will coincide with the City's Professional Program Management work to meet State of Ohio Consent Order deadlines. Specific items include:

1. Establish an On-Line Training program for equipment, treatment systems, and safety at these DPU facilities. This program must be compatible with the On-Line Operations and Maintenance Manuals and Standard Operating Procedures being prepared by others. This program and associated software must be licensed to the City of Columbus Department of Public Utilities for use both during this project and after the conclusion of this contract. DPU must be able to maintain the training program and all existing and future training courses. Identify existing equipment and new equipment that needs to have an on-line format and prepare a proposed annual plan of work.

2. Insure that training for equipment and systems is offered in an on-line web-based format and that coordination is provided for the face-to-face training provided by equipment manufacturers at the facilities.

3. Insure that this training is documented. Reports must be generated periodically to demonstrate Department training efforts.

4. Provide safety training in an on-line web-based format which can be expanded to all DPU facilities and staff. This training must be broken down with a recommended schedule.

5. Review and field verify existing SOPs and document all necessary updates. SOP updates must be made in the like format as the original. The updated SOPs must be provided in an electronic format and uploaded onto the City's electronic web-based online O&M system.

6. Review and update the Integrated Contingency Plan (ICP) to include timely applicable emergency scenarios. The scenarios with applicable response will be developed with the assistance of the DPU Safety Department.

7. Maintenance Tool training is another requirement of this contract. Within the first three years the provider will offer training on eight pieces of equipment selected by the Sewer Maintenance Operations Center. The provider will develop online web-based courseware and upload the training onto the departments training servers.

7A. Submit with your proposal a hypothetical work plan and budget for the item 7 task, Maintenance Tool

BID NOTICES - PAGE # 5

Columbus City Bulletin (Publish Date 07/29/06) 344 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

Training.

8. All mandatory training such as Orientation and Safety training must initially be provided to employees in a classroom setting before an employee is eligible to take refresher mandatory training classes in a web-based online format; work with the DPU Human Resources Safety representative to provide all employees with this initial classroom mandatory training and to develop and provide the mandatory training web-based online component.

C. The Scope of Work for this project, at the City's discretion, will consist of the following elements:

1. General Scope

a. Step 1 - Guide Specifications Review Review the existing Guide Specifications used by the Division of Sewerage and Drainage for Capital Improvements Projects and Plant Improvement Projects. Work with the DPU Staff and the Overall Engineering Coordinator to modify the existing Guide Specifications as it relates to training goals and objectives, relationships, responsibilities and measurements.

b. Step 2 - Project Specification Review Review project equipment and systems specifications prepared by the project's Design Professional for Capital Improvement Projects and Plant Improvement Projects for assigned projects. Work with the DPU Staff and the Design Professional to develop specific training language and requirements for that project's equipment and systems.

c. Step 3 - Services during Construction Evaluate the training program for Capital Improvement Projects and Plant Improvement Projects for assigned projects. This shall include training review and approval of training lesson plans, qualifications of trainer provided by equipment manufacturer or systems designer, training aids proposed, training schedule and training delivery and evaluation; work with the DPU Staff, Design Professional and the project's Construction Manager during training submittal reviews to accomplish this goal. Establish a web-based On-Line Training Program for equipment and treatment systems for the treatment facilities. This program will be compatible with the Web-based On-Line Operations and Maintenance Manuals and Standard Operating Procedures currently being developed by others. This program will utilize standard, off-the-shelf software and will be the property of the City of Columbus and will reside on its computer system. The training program will document the understanding of DPU staff by testing and this education program needs to be approved by the State regulatory agency for continuing education credit.

d. Step 4 - Proposed Work Plan and Schedule 3A Budget

It is anticipated this contract will be for a five year period and the Professional Services herein shall be funded by incremental appropriations, approximately annually; therefore, submit an annual Work Plan Schedule and Schedule 3A Budget with each annual appropriation, outlining the work to be completed, and hours and cost for each task. The work described needs to include existing equipment, new equipment, SOP review and updates, safety, ICP, administration (scheduling and review of face-to-face training and administration of courseware approval by the OEPA.

e. Upload All Completed Training Onto DPU Training Servers

BID NOTICES - PAGE # 6

Columbus City Bulletin (Publish Date 07/29/06) 345 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

All the finished programs, courseware, reviewed SOPs will be uploaded onto the DPU servers.

f. Other Provide training on an as needed basis for any DPU facility as directed by the City.

Cheryl Roberto Director of Public Utilities ORIGINAL PUBLISHING DATE: July 01, 2006

BID OPENING DATE - August 2, 2006 3:00 pm

SA002113 - HAGUE AVE DRAIN IMPROVE

BID NOTICES - PAGE # 7

Columbus City Bulletin (Publish Date 07/29/06) 346 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

ADVERTISEMENT FOR BIDS

Sealed proposals will be received by the Director of Public Utilities of the City of Columbus, Ohio at the office of the Director of Public Utilities, 910 Dublin Road, Room 4002, until 3:00 p.m., Local Time, on Wednesday, AUGUST 2, 2006, and publicly opened and read at that hour and place for the following project:

HAGUE AVENUE DRAINAGE IMPROVEMENTS C.I.P. NO. 610963

The City of Columbus contact person for this contract is Mark Timbrook, P.E., of the Division of Sewerage and Drainage, (614) 645-0298. The work for which proposals are invited consists of the furnishing or construction of approximately 100 feet of 53x34 inch elliptical pipe, 430 feet of 42 inch pipe, 400 feet of 36 inch pipe (including 116 feet tunnel-jacked), 14 feet of 24 inch pipe and 140 feet of 15 inch pipe, and such other work as may be necessary to complete the contract in accordance with the plans and specifications. Copies of the Contract Documents, the bid book and the plans (CC-13290), are on file at the Division of Sewerage and Drainage, Sewer System Engineering Section, Permit Office, Room No. 3051, 910 Dublin Road, Columbus, Ohio 43215-9053. The first set is available to prospective bidders at no cost with the second and subsequent sets available at a cost of $25.00 per set on a no-refund basis. No partial units will be released.

Proposals must be submitted on the proper forms contained in the Bid Submittal Documents and the Bid Submittal Documents containing the Proposal must be submitted IN THEIR ENTIRETY in a sealed envelope marked:

HAGUE AVENUE DRAINAGE IMPROVEMENTS C.I.P. NO. 610963

PROPOSAL GUARANTY The bidder is required to submit a Proposal Guaranty, consisting of either a Proposal bond, in the form provided in the Bid Submittal Documents with a surety or sureties licensed to conduct business in the State of Ohio, or a certified check drawn on a solvent bank made payable to the Treasurer - City of Columbus, Ohio. The amount of the guaranty shall not be less than ten (10) percent of the bid including all alternates submitted which increase the bid. The bond must have an AMOUNT EXPRESSED IN DOLLARS AND CENTS in order to be responsive. All bonds signed by an agent must be accompanied by a certified copy of the authority to act.

PREVAILING WAGE RATE Attention of the bidder is called to the special requirements which are included in the Bid Submittal Documents regarding prevailing rates of wages to be paid.

CONTRACT PERFORMANCE AND PAYMENT BOND A contract performance and payment bond of 100 percent of the amount of the contract with a surety or sureties licensed to conduct business in the State of Ohio according to Section 103.05 of the City of Columbus Construction & Materials Specifications, latest edition, will be required to assure the faithful

BID NOTICES - PAGE # 8

Columbus City Bulletin (Publish Date 07/29/06) 347 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

performance of the work.

CONSTRUCTION AND MATERIAL SPECIFICATIONS Numbered paragraphs to which reference is made in these Bid Submittal Documents refer to the City of Columbus, Ohio Construction and Materials Specifications, latest edition and will become part of the terms and conditions of the contract to be awarded. Said specifications are hereby made a part of these Bid Submittal Documents. Bidders are required to examine Section 100, General Provisions, for the requirements necessary to submit a proposal. Copies of said Construction and Material Specifications may be examined and/or purchased at the office of the Director of Public Service, 90 W. Broad Street, 3rd Floor, Columbus, Ohio 43215 (614) 645-8290; at the offices of the Transportation Division, 1800 E. 17th Avenue, Columbus, Ohio 43219 (614) 645-3182; and at the office of the Director of Public Utilities, 910 Dublin Road, 4th Floor, Columbus, Ohio 43215 (614) 645-6141.

CONTRACT COMPLIANCE REQUIREMENTS Each responsive bidder shall submit, with its bid, a City of Columbus Contract Compliance Certification Number or a completed application for certification.

QUALIFICATION AND RESOURCE FACTORS FORM AND AFFIDAVIT OF BIDDER Each responsive bidder shall submit with its bid, a completed Qualification and Resource Factors Form and a completed and notarized Affidavit of Bidder.

BID CANCELLATION AND REJECTIONS The right is reserved by the Director of Public Utilities of the City of Columbus, Ohio to cancel the Advertisement for Bids, to reject any and/or all bids, to waive technicalities, to hold bids for a period of 180 days after the bid opening, and/or to advertise for new proposals, when it is in the best interest of the City.

SUBSURFACE DATA Subsurface Investigation was performed during the design phase of the project, and the Report dated June 2003 is available, upon request, to all bid set recipients.

CONTRACT COMPLETION The work under this contract shall be completed in a manner acceptable to the City within 180 calendar days after the effective date of the Notice to Proceed.

SPECIAL REQUIREMENTS Particular attention is called to the statutory requirements of the State of Ohio relative to licensing of corporations organized under the laws of any other state. ORIGINAL PUBLISHING DATE: July 15, 2006

BID OPENING DATE - August 3, 2006 11:00 am

BID NOTICES - PAGE # 9

Columbus City Bulletin (Publish Date 07/29/06) 348 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

SA002102 - Refuse/96 Gal Containers UTC

1.1 Scope: It is the intent of the City of Columbus, Public Service Department, Refuse Collection Division, to obtain formal bids to establish a Universal Term Contract for a three year period for the purchase of 96-gallon mechanized refuse collection containers to effect municipal solid waste collection within the City of Columbus.

If you have an interest in receiving this proposal, please FAX this form in its entirety to: Purchasing Office, (614) 645-7051 a complete copy of the specifications will be mailed to those who request the mailing and specifications are also available in person at 50 West Gay Street, Beacon Building - First Floor, Columbus, Ohio, 43215 ORIGINAL PUBLISHING DATE: July 08, 2006

SA002103 - Refuse 300-Gal Containers UTC

1.1 Scope: It is the intent of the City of Columbus, Public Service Department, Refuse Collection Division, to obtain formal bids to establish a Universal Term Contract for three years for the purchase of 300-gallon mechanized refuse collection containers for use to effect municipal solid waste collection within the City of Columbus.

If you have an interest in receiving this proposal, please FAX this form in its entirety to: Purchasing Office, (614) 645-7051 a complete copy of the specifications will be mailed to those who request the mailing and specifications are also available in person at 50 West Gay Street, Beacon Building - First Floor, Columbus, Ohio, 43215 ORIGINAL PUBLISHING DATE: July 08, 2006

SA002106 - PUBLIC SAFETY/GENERATOR w/INSTALLATION

BID NOTICES - PAGE # 10

Columbus City Bulletin (Publish Date 07/29/06) 349 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

1.1 Scope: It is the intent of the City of Columbus, Division of Support Services to obtain formal bids to establish a Contract for the purchase and installation of a power generation system for use by the City of Columbus Communications Center (E911).

1.2 Classification: There is a State of Ohio Prevailing Wage component to this bid. Each bid must be accompanied by a bid bond of 10% of the maximum amount of the bid. A 100% performance bond shall be furnished to the purchaser within ten days of notification of contract award.

If you have an interest in receiving this proposal, please FAX this form in its entirety to: Purchasing Office, (614) 645-7051 a complete copy of the specifications will be mailed to those who request the mailing and specifications are also available in person at 50 West Gay Street, Beacon Building - First Floor, Columbus, Ohio, 43215 ORIGINAL PUBLISHING DATE: July 12, 2006

SA002110 - PURCHASE OF HIGHWAY ROCK SALT

1.1 Scope: This proposal is to provide the City of Columbus with a Universal Term Contract (blanket type) to purchase approximately 30,000 tons annually of Highway Rock Salt (Type I, Grade I Sodium Chloride) for snow and ice removal operations. The City guarantees to purchase a minimum of 40% of the estimated amount within each contract year. The proposed contract will be in effect through July 31, 2009.

1.2 Classification: The successful bidder will provide, deliver, and unload bulk quantities of Highway Rock Salt.

If you have an interest in receiving this proposal, please FAX this form in its entirety to: Purchasing Office, (614) 645-7051 a complete copy of the specifications will be mailed to those who request the mailing and specifications are also available in person at 50 West Gay Street, Beacon Building - First Floor, Columbus, Ohio, 43215 ORIGINAL PUBLISHING DATE: July 15, 2006

SA002108 - STANDBY GENERATOR PROJECT CONTRACT 2

BID NOTICES - PAGE # 11

Columbus City Bulletin (Publish Date 07/29/06) 350 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

ADVERTISEMENT FOR BIDS

Sealed proposals will be received by the City of Columbus Transportation Division, 109 N. Front Street, 3rd Floor, Room 301, Columbus, Ohio 43215 until 3:00 P.M. local time, and publicly opened and read at 109 N. Front Street, 2nd Floor, Room 205 at 3:00 P.M. on August 3, 2006, for Standby Generator Project, Contract 2. The work for which proposals are invited consists of the purchase and installation of a natural gas fired standby generator and appurtenances at each of the three Public Service facilities, and such other work as may be necessary to complete the contract in accordance with the plans and specifications.

Copies of the Contract Documents and the plans are on file in the office of the Transportation Division Administrator, 109 N. Front Street, 3rd Fl., Columbus, OH 43215 and are available to prospective bidders at the non-refundable cost of $35.00 for the bid package. A prospective bidder must verify that their name is added to an electronic log sheet upon receiving a copy of contract documents and plans. Your addition to the log is verified when you receive a computer generated receipt. The City of Columbus will use this log sheet in order to advise prospective bidders of any addendums to the contract and/or plans. Failure to be entered onto the electronic log sheet will result in rejection of any proposal and failure to refer to any addendum in a proposal will be considered non-responsive.

Proposals must be submitted on the proper forms contained in the Bid Submittal Documents and the Bid Submittal Documents containing the Proposal must be submitted IN THEIR ENTIRETY in a sealed envelope marked Bid for Standby Generator Project, Contract 2

All materials submitted in response to this advertisement for bids will become the property of the City and will not be returned. All materials submitted in response to this advertisement for bids will be considered public records subject to disclosure as contemplated by Ohio Revised Code Section 149.43. All materials received will be open to the public once the sealed proposals are publicly opened and read.

PROPOSAL GUARANTY The bidder is required to submit a Proposal Guaranty, consisting of either a Proposal bond, in the form provided in the Bid Submittal Documents with a surety or sureties licensed to conduct business in the State of Ohio, or a certified check drawn on a solvent bank made payable to the Treasurer - City of Columbus, Ohio. The amount of the guaranty shall be expressed in dollars and cents and shall not be less than ten (10) percent of the bid including all alternates submitted which increase the bid. All bonds signed by an agent must be accompanied by a certified copy of the authority to act.

PREVAILING WAGE RATE Bidders must comply with the prevailing wage rates on Public Improvements in Franklin County and the City of Columbus, Ohio as determined by the Ohio Bureau of Employment Services, Wage and Hour Division (614) 644-2239.

CONTRACT PERFORMANCE AND PAYMENT BOND A contract performance and payment bond of 100 percent of the amount of the contract with a surety or sureties licensed to conduct business in the State of Ohio according to Section 103.05 of the City of Columbus Construction & Materials Specifications, 2002 edition, will be required to assure the faithful performance of the work. SUBSURFACE DATA Subsurface data was obtained for Site 1. Results are available upon request by plan holder.

BID NOTICES - PAGE # 12

Columbus City Bulletin (Publish Date 07/29/06) 351 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

PRE-BID CONFERENCE A pre-bid conference will be held on July 19, 2006, at 1800 East Seventeenth Avenue, Columbus, Ohio at 1:30 PM in the large conference room.

CONTRACT COMPLETION The City will issue a Notice to Proceed on or about September 25, 2006. All work is to be complete by December 29, 2006.

CONSTRUCTION AND MATERIAL SPECIFICATIONS Numbered paragraphs to which reference is made in the Bid Submittal Documents refer to the City of Columbus, Ohio, Construction and Materials Specifications, 2002 edition and will become part of the terms and conditions of the contract to be awarded. Said specifications are hereby made a part of these Bid Submittal Documents. Bidders are required to examine Section 100, General Provisions, for the requirements necessary to submit a proposal. Copies of said Construction and Material Specifications may be examined and/or purchased at the office of the Director of Public Service, 90 W. Broad St., 3rd Floor, Columbus, Ohio 43215 (614) 645-8290, at the offices of the Transportation Division, 1800 E. 17th Avenue, Columbus, Ohio 43219 (614) 645-3182, and 109 N. Front St, 3rd Floor, Columbus, Ohio 43215 (614) 645-8376, and at the office of the Director of Public Utilities, 910 Dublin Rd., 4th Floor, Columbus, Ohio 43215 (614) 645-6141.

CONTRACT COMPLIANCE REQUIREMENTS AND EQUAL OPPORTUNITY CLAUSE Each responsive bidder shall submit, with their bid, a City of Columbus Contract Compliance Certification Number or a completed application for certification. Any questions or inquiries concerning this should be directed to the Equal Business Opportunity Commission Office.

The City of Columbus encourages the participation of Minority and female owned business enterprises. Each bidder must identify any subcontractor(s) who are minority or female owned businesses (M/FBE's) as defined in Title 39 of the Columbus City Code along with the scope of work and anticipated cost.* This information is gathered and monitored by the Equal Business Opportunity Commission Office (EBOCO). Please contact EBOCO (614) 645-4764 for assistance with identifying potential M/FBE subcontractors. Equal Business Opportunity Office, 109 N. Front Street, 4th Floor, Columbus, Ohio 43215, (614) 645-4764.

*While the participation of minority and female owned businesses is encouraged the level of minority or female participation will not be a condition of the bid award.

BID CANCELLATION AND REJECTIONS The right is reserved by the Director of Public Service of the City of Columbus, Ohio to cancel the Advertisement for Bids, to reject any and/or all bids, to waive technicalities, or to advertise for new proposals, when it is in the best interests of the City.

PLANS ARE AVAILABLE ON: July 13, 2006 ORIGINAL PUBLISHING DATE: July 22, 2006

BID OPENING DATE - August 9, 2006 3:00 pm

BID NOTICES - PAGE # 13

Columbus City Bulletin (Publish Date 07/29/06) 352 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

SA002093 - DRWP SODIUM HYPOCHLORITE FACILITY

ADVERTISEMENT FOR BIDS

Sealed proposals will be received by the Director of Public Utilities of the City of Columbus, Ohio at the office of the Director of Public Utilities, Room 4105, 910 Dublin Road, 4th Floor, until 3:00 p.m. local time, on August 9, 2006 and publicly opened and read at the hour and place for DUBLIN ROAD WATER PLANT, DISINFECTION AND MISCELLANEOUS IMPROVEMENTS, SODIUM HYPOCHLORITE FACILITY, CONTRACT NO. 966, PART 2, PROJECT 690379. The work for which proposals are invited consists of a complete new sodium hypochlorite storage and feed facility, demolition of the existing chlorine facilities and miscellaneous improvements to the existing facilities at the City of Columbus Dublin Road Water Plant, and such other work as may be necessary to complete the contract in accordance with the plans and specifications. Copies of the Contract Documents may be purchased by prospective bidders from Key Companies, 195 East Livingston Avenue, Columbus, Ohio 43215 at (614) 228-3285 or via Plankey at www.plankey.com upon payment of $190.00 per set and are available there on or after July 3, 2006. No refunds will be made. Checks shall be payable to Malcolm Pirnie, Inc. The Bidding Documents packet will include one full size set of Drawings with printed Project Manual. Proposals must be submitted on the proper forms contained in the Bid Submittal Documents and the Bid Submittal Documents containing the Proposal must be submitted IN THEIR ENTIRETY in a sealed envelope marked Bid for:

DUBLIN ROAD WATER PLANT, DISINFECTION AND MISCELLANEOUS IMPROVEMENTS, SODIUM HYPOCHLORITE FACILITY CONTRACT NO. 966, PART 2, PROJECT 690379

CONTACT PERSON The City of Columbus Contact Person for this project is Miriam Siegfried, P.E. of the Division of Power & Water, Water Supply Group - Technical Support Section (614) 645-7100; email: [email protected].

PROPOSAL GUARANTY The bidder is required to submit a Proposal Guaranty, consisting of either a Proposal bond, in the form provided in the Bid Submittal Documents with a surety or sureties licensed to conduct business in the State of Ohio, or a certified check drawn on a solvent bank made payable to the Treasurer - City of Columbus, Ohio. The amount of the guaranty shall not be less than ten (10) percent of the bid including all alternates submitted which increase the bid. All bonds signed by an agent must be accompanied by a certified copy of the authority to act.

PREVAILING WAGE RATE Attention of the bidder is called to the special requirements which are included in the Bid Submittal Documents regarding prevailing rates of wages to be paid.

CONTRACT PERFORMANCE AND PAYMENT BOND A contract performance and payment bond of 100 percent of the amount of the contract with a surety or

BID NOTICES - PAGE # 14

Columbus City Bulletin (Publish Date 07/29/06) 353 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

sureties licensed to conduct business in the State of Ohio according to Section 103.05 of the City of Columbus Construction & Materials Specifications, latest edition, will be required to assure the faithful performance of the work.

CONSTRUCTION AND MATERIAL SPECIFICATIONS Numbered paragraphs to which reference is made in these Bid Submittal Documents refer to the City of Columbus, Ohio Construction and Materials Specifications, latest edition and will become part of the terms and conditions of the contract to be awarded. Said specifications are hereby made a part of these Bid Submittal Documents. Bidders are required to examine Section 100, General Provisions, for the requirements necessary to submit a proposal. Copies of said Construction and Material Specifications may be examined and/or purchased at the office of the Director of Public Service, 90 W. Broad St., 3rd Floor, Columbus, Ohio 43215 (614) 645-8290, at the offices of The Transportation Division, 1800 E. 17th Avenue, Columbus, Ohio 43219 (614) 645-3182, and at the office of the Director of Public Utilities, 910 Dublin Rd., 4th Floor, Columbus, Ohio 43215 (614) 645-6141.

CONTRACT COMPLIANCE REQUIREMENTS Each responsive bidder shall submit, with its bid, a City of Columbus Contract Compliance Certification Number or a completed application for certification.

BID CANCELLATION AND REJECTIONS The right is reserved by the Director of Public Utilities of the City of Columbus, Ohio to cancel the Advertisement for Bids, to reject any and/or all bids, to waive technicalities, to hold bids for a period of sixty (60) days after the bid opening, and/ or to advertise for new proposals, when it is in the best interests of the City.

SPECIAL REQUIREMENTS Particular attention is called to the statutory requirements of the State of Ohio relative to licensing of corporations organized under the laws of any other state.

SUBSURFACE DATA: Subsurface data was obtained for project design purposes. Copies of the report are available upon execution of the subsurface information release form from: Malcolm Pirnie, Inc., 1900 Polaris Parkway, Suite 200, Columbus, Ohio 43240. (Phone 614-888-4953) at the costs of reproduction and postage.

PREBID CONFERENCE A pre-bid conference for this project will be held on July 19, 2006 at 9:00 a.m. in the Conference Room of the Dublin Road Water Plant, 940 Dublin Road, Columbus, Ohio 43215. This conference is not mandatory; however, bidders shall comply with and be responsible for the information discussed at the pre-bid conference. A brief tour of the affected plant and site areas will be conducted following the pre-bid conference.

CITY BULLETIN DATES

1). July 1, 2006 2). July 8, 2006 3). July 15, 2006

BID NOTICES - PAGE # 15

Columbus City Bulletin (Publish Date 07/29/06) 354 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

Each proposal shall contain the full name and address of every person, firm or corporation interested in the same, and if corporation, the name and address of the President and Secretary.

EQUAL OPPORTUNITY CLAUSE Each responsive bidder shall submit, with its bid, a contract compliance certification number or a completed application for certification. Compliance with the provisions of Article I, Title 39, is a condition of the contract. Failure to comply with this Article may result in cancellation of the contract.

WITHHOLDING OF INCOME TAX All bidders are advised that in order for a contract to bind the City, each contract must contain the provisions found in Section 361.34 C.C.C. with regard to income taxes due or payable to the City of Columbus for wages, salaries and commissions paid to the contractors employees as well as requiring those contractors to ensure that subcontractors withhold in a like manner.

DELINQUENT PERSONAL PROPERTY TAX All bidders are charged with notice of Section 5719.042 of the Ohio Revised Code and agree that if this contract is awarded to them, the successful bidder, prior to the time the contract is entered into, will submit to the City Auditor the affidavit required by said section of the Ohio Revised Code. Said affidavit, when filed with the City Auditor, is thereby incorporated into and made a part of this contract and no payment shall be made with respect to this contract unless such statement has been so incorporated as a part thereof.

LOCAL CREDIT For all contracts except professional service contracts: In determining the lowest bid for purpose of awarding a contract not exceeding $20,000.00, a local bidder shall receive a credit equal to five percent (5%) of the lowest bid submitted by a non-local bidder. In determining the lowest bid for purposes of awarding a contract in excess of $20,000.00, a local bidder shall receive a credit equal to one percent (1%) or $20,000.00, whichever is less, of the lowest bid submitted by a non-local bidder. A local bidder is a person, corporation or business which (a) has listed its principal place of business as being located within the corporation limits of the City of Columbus or the County of Franklin in official documents filed with Secretary of State, State of Ohio, or Franklin County Recorders Office; or (b) holds a valid vendor's license which indicates its place of business is located within the corporation limits of the City of Columbus or County of Franklin. ORIGINAL PUBLISHING DATE: June 23, 2006

SA002104 - Manhole Casting and Lid Replacement

BID NOTICES - PAGE # 16

Columbus City Bulletin (Publish Date 07/29/06) 355 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

ADVERTISEMENT FOR BIDS

Sealed proposals will be received by the Director of Public Utilities of the City of Columbus, Ohio at the office of the Director of Public Utilities, 910 Dublin Road, Room 4105, until 3:00 p.m., Local Time, on August 9, 2006 and publicly opened and read at that hour and place for the following project:

Manhole Casting and Lid Replacement CIP 650697

The work for which proposals are invited consists of replacement of manhole castings and lids, grade rings and minor brick work as scheduled and required. Detailed design drawings have not been prepared for this work. Work includes preparing maintenance of traffic drawings and obtaining street occupancy permits, and coordinating with effected public utilities for all locations. Copies of the Bidding Documents are on file at the Division of Sewerage and Drainage, Sewer System Engineering Section, Permit Office, Room No. 3044, 910 Dublin Road, Columbus, Ohio 43215-9053. The City of Columbus contact person for this project is John Newsome, P.E., of the Division of Sewerage and Drainages Sewer System Engineering Section, (614) 645-8460. Bid packets will be available beginning 07/14/06. Bid packets will be made available in a DVD format. Only electronic bid packets will be made available.

The Bid Proposal must be submitted IN THEIR ENTIRETY in a sealed envelope marked: Manhole Casting and Lid Replacement CIP 650697

PROPOSAL GUARANTY The bidder is required to submit a Proposal Guaranty, consisting of either a Proposal bond, in the form provided in the Bid Packet with a surety or sureties licensed to conduct business in the State of Ohio, or a certified check drawn on a solvent bank made payable to the Treasurer - City of Columbus, Ohio. The amount of the guaranty shall not be less than ten (10) percent of the bid including all alternates submitted which increase the bid. The bond must express the amount of the bond in dollars and cents in order to be considered responsive. All bonds signed by an agent must be accompanied by a certified copy of the authority to act.

PREVAILING WAGE RATE Attention of the bidder is called to the special requirements which are included in the Bid Packet regarding prevailing rates of wages to be paid.

CONTRACT PERFORMANCE AND PAYMENT BOND A contract performance and payment bond of 100 percent of the amount of the contract with a surety or sureties licensed to conduct business in the State of Ohio according to Section 103.05 of the City of Columbus Construction & Materials Specifications, latest edition, will be required to assure the faithful performance of the work.

CONSTRUCTION AND MATERIAL SPECIFICATIONS Numbered paragraphs to which reference is made in the Bid Packet refer to the City of Columbus, Ohio Construction and Materials Specifications, latest edition and will become part of the terms and conditions of the contract to be awarded. Said specifications are hereby made a part of the Bid Packet. Bidders are required to examine Section 100, General Provisions, for the requirements necessary to submit a proposal. Copies of said Construction and Material Specifications may be examined and/or purchased at the office of the Director of Public Service, 90 W. Broad Street, 3rd Floor,

BID NOTICES - PAGE # 17

Columbus City Bulletin (Publish Date 07/29/06) 356 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

Columbus, Ohio 43215 (614) 645-8290; at the offices of the Construction Inspection Division, 1800 E. 17th Avenue, Columbus, Ohio 43219 (614) 645-3182; and at the office of the Director of Public Utilities, 910 Dublin Road, 4th Floor, Columbus, Ohio 43215 (614) 645-6141.

CONTRACT COMPLIANCE REQUIREMENTS Each responsive bidder shall submit, with its bid, a City of Columbus Contract Compliance Certification Number or a completed application for certification.

NOTICE OF EQUAL BUSINESS OPPORTUNITY REQUIREMENTS A. Minority and Female Business Enterprise (MBE and FBE) Participation: Title 39 of the Columbus City Code (C.C.C.) provides for certification of minority business enterprises and female business enterprises. Under the current legislation, a minority business enterprise is defined as a for-profit business performing a commercially useful function which is owned and controlled by a person or persons having an African American ancestry. C.C.C. ?3901.01(G). A female business enterprise is defined as a for-profit business performing a commercially useful function which is owned and controlled by one or more females of non-African American descent. C.C.C. ?3901.01(F).

B. Specific Contract M/FBE goals: Specific Contract M/FBE goals shall not apply to this selection.

C. In collaboration with the Equal Business Opportunity Commission Office, the Department of Public Utilities encourages the utilization of city-certified minority, female and small business enterprises and minority business registrants.

D. In addition to the current requirements of Title 39, Columbus City Codes, 1959, it is expected that all or part of this contract may be undertaken with State and/or Federal funding assistance. The City may, therefore, be required to conform to certain utilization goals in order to conform fully to those programs.

Documentation suggested: Include the name, description of the work, and the dollar value of all certified M/FBE's and MBR's included in the proposal.

For information related to minority, female and small business enterprises, please contract the Equal Business Opportunity Commission Office at (614) 645-4764.

BID CANCELLATION AND REJECTIONS The right is reserved by the Director of Public Utilities of the City of Columbus, Ohio to cancel the Advertisement for Bids, to reject any and/or all bids, to waive technicalities, to hold bids for a period of 180 days after the bid opening, and/or to advertise for new proposals, when it is in the best interest of the City.

SUBSURFACE DATA No subsurface investigation was performed for this project.

CONTRACT COMPLETION The work under this contract shall be completed in a manner acceptable to the City within 360 calendar days after the effective date of the Notice to Proceed.

SPECIAL REQUIREMENTS Particular attention is called to the statutory requirements of the State of Ohio relative to licensing of

BID NOTICES - PAGE # 18

Columbus City Bulletin (Publish Date 07/29/06) 357 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

corporations organized under the laws of any other state.

______Cheryl Roberto Director of Public Utilities ORIGINAL PUBLISHING DATE: July 11, 2006

SA002107 - Power/Grounding & Bonding Str. Ltg. Sys.

BID NOTICES - PAGE # 19

Columbus City Bulletin (Publish Date 07/29/06) 358 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

Sealed proposals will be received by the Director of Public Utilities of the City of Columbus, Ohio at the office of the Director of Public Utilities, 910 Dublin Road, 4th Floor, Columbus, Ohio 43215, until 3:00 p.m. local time, on August 9, 2006 and publicly opened and read at the hour and place for Underground Street Lighting System Rehabilitation and Betterments (Northeast and Northwest Quadrants). The work for which proposals are invited consists of furnishing all labor, material and equipment required to upgrade of existing Division of Power and Water (Power) streetlights with underground wiring, otherwise known as bonding and grounding, to conformance with MIS 178, Scope of Work and Requirements and related drawings or plans and specifications covering proper bonding and grounding, and to test and verify grounding is equal to or below the maximum specified ohmic value. Copies of the Contract Documents and the plans are on file and are available to prospective bidders through the office of the Division of Power and Water (Power), 3500 Indianola Ave., Columbus, Ohio 43214, upon payment of $25.00 per set (non-refundable). Proposals must be submitted on the proper forms contained in the Bid Submittal Documents and the Bid Submittal Documents containing the Proposal must be submitted IN THEIR ENTIRETY in a sealed envelope marked Underground Street Lighting System Rehabilitation and Betterments (Northeast and Northwest Quadrants).

PROPOSAL GUARANTY No Proposal will be considered unless accompanied by a bond or certified check drawn on a solvent bank made payable to the City of Columbus, Ohio in an amount not less than ten percent of the Bidder's Proposal, conditioned upon execution of the Contract and furnishing of a performance and payment bond in the event the Contract is awarded to the Bidder. The amount indicated in the Proposal Bond shall be expressed as dollars and cents and not as a percent of the bid or alternate bids and shall equal or exceed ten (10) percent of the bid or highest bid submitted.

PREVAILING WAGE RATE Attention of the bidder is called to the special requirements which are included in the Bid Submittal Documents regarding prevailing rates of wages to be paid.

CONTRACT PERFORMANCE AND PAYMENT BOND A contract performance and payment bond of 100 percent of the amount of the contract with a surety or sureties licensed to conduct business in the State of Ohio according to Section 103.05 of the City of Columbus Construction & Materials Specifications, latest edition, will be required to assure the faithful performance of the work.

CONSTRUCTION AND MATERIAL SPECIFICATIONS Numbered paragraphs to which reference is made in these Bid Submittal Documents refer to the City of Columbus, Ohio Construction and Materials Specifications, latest edition and will become part of the terms and conditions of the contract to be awarded. Said specifications are hereby made a part of these Bid Submittal Documents. Bidders are required to examine Section 100, General Provisions, for the requirements necessary to submit a proposal. Copies of said Construction and Material Specifications may be examined and/or purchased at the office of the Director of Public Service, 90 W. Broad St., 3rd Floor, Columbus, Ohio 43215 (614) 645-8290, at the offices of The Construction Inspection Division, 1800 E. 17th Avenue, Columbus, Ohio 43219 (614) 645-3182, and at the office of the Director of Public Utilities, 910 Dublin Rd., 4th Floor, Columbus, Ohio 43215 (614) 645-6141.

CONTRACT COMPLIANCE REQUIREMENTS Each responsive bidder shall submit, with its bid, a City of Columbus Contract Compliance Certification

BID NOTICES - PAGE # 20

Columbus City Bulletin (Publish Date 07/29/06) 359 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

Number or a completed application for certification.

BID CANCELLATION AND REJECTIONS The right is reserved by the Director of Public Utilities of the City of Columbus, Ohio to cancel the Advertisement for Bids, to reject any and/or all bids, to waive technicalities, to hold bids for a period of 120 days after the bid opening, and/ or to advertise for new proposals, when it is in the best interests of the City.

SPECIAL REQUIREMENTS Particular attention is called to the statutory requirements of the State of Ohio relative to licensing of corporations organized under the laws of any other state.

CITY BULLETIN DATES

1) July 22, 2006 2) July 29, 2006

BID PACKAGES WILL BE AVAILABLE FOR PURCHASING, MONDAY, JULY 24, 2006. IF YOU HAVE QUESTIONS IN REFERENCE TO THE BID DOCUMENT PLEASE CONTACT DUFFY D. MCSWEENEY AT 645-2191 OR EMAIL HIM AT THE FOLLOWING ADDRESS; [email protected] ORIGINAL PUBLISHING DATE: July 12, 2006

BID OPENING DATE - August 10, 2006 11:00 am

SA002109 - REC & PARKS/24 PASSNGER BUS

BID NOTICES - PAGE # 21

Columbus City Bulletin (Publish Date 07/29/06) 360 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

1.1 Scope: It is the intent of the City of Columbus, Ohio Recreation and Parks Department to purchase a diesel powered, 24 passenger light transport vehicle for use in recreation programming. The minimum gross vehicle weight rating (G.V.W.R.) shall be 14,050 pounds. Only those vehicles that meet FMVSS 220 will be considered. The specifications describe a vehicle that shall consist of a body that incorporates steel gage construction built on a heavy duty van cutaway chassis. This coach will be used in front line service for a minimum of seven (7) years. The City of Columbus intends to award a contract as soon as possible after the bid opening.

1.2 Classification: 1.2.1 All bidders shall indicate their compliance with these specifications by writing either "yes" or "no" for each item listed in the specification. All "no" responses must be detailed in a letter attached to this bid proposal. 1.2.2 Bids will be considered on units substantially complying with the specifications herein, provided that each variation is stated in a letter attached to the bid document. Terms and conditions of warranty(s) may be used to determine the lowest and best bid. Warranties requiring the City of Columbus to deal with a third party such as a sub-contractor or component supplier are unacceptable and may be used as a basis for rejection of the bid(s). Bid supplier shall provide the name and address of the company doing warranty work and repair for the bus body.

If you have an interest in receiving this proposal, please FAX this form in its entirety to: Purchasing Office, (614) 645-7051 a complete copy of the specifications will be mailed to those who request the mailing and specifications are also available in person at 50 West Gay Street, Beacon Building - First Floor, Columbus, Ohio, 43215 ORIGINAL PUBLISHING DATE: July 18, 2006

SA002114 - PURCHASE OF POLYMER / JACKSON PIKE WASTE

1.1 Scope: This proposal is to provide the City of Columbus, Division of Sewerage & Drainage with a Universal Term Contract (blanket type) to purchase approximately seven hundred thousand pounds (700,000) annually of a cationic water-soluble polymer in emulsion as a sludge conditioner in a sludge dewatering centrifuge process at the Jackson Pike Waste Water Treatment Plant. The proposed contract can potentially be in effect from October 1, 2006 to March 31, 2010.

1.2 Classification: The successful bidder will provide, deliver, and unload bulk quantities of a cationic water - soluble polymer in emulsion. The supplier will also be required to provide specified safety training sessions. Each Bidder is limited to bidding one single product for this specification.

If you have an interest in receiving this proposal, please FAX this form in its entirety to: Purchasing Office, (614) 645-7051 a complete copy of the specifications will be mailed to those who request the mailing and specifications are also available in person at 50 West Gay Street, Beacon Building - First Floor, Columbus, Ohio, 43215. ORIGINAL PUBLISHING DATE: July 20, 2006

BID NOTICES - PAGE # 22

Columbus City Bulletin (Publish Date 07/29/06) 361 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

BID OPENING DATE - August 15, 2006 11:00 am

SA002120 - Golf-Food Concessions-Airport Golf Cours

BID NOTICES - PAGE # 23

Columbus City Bulletin (Publish Date 07/29/06) 362 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

COLUMBUS MUNICIPAL GOLF DIVISION COLUMBUS, OHIO INVITATION TO BID AIRPORT GOLF COURSE FOOD CONCESSION

You are invited to bid on a contract to provide food concession services at Airport Golf Course. This Concession is intended to be of service and benefit to the public for a multi-year period. The successful bidder will be expected to present an attractive menu suited to the needs and demands of the public golfer and provide various catering services.

The successful bidder will be required to maintain regular hours of operation. The City will further require the product line offered and service rendered to be of the highest quality.

The successful Bidder should be prepared to demonstrate how they will cater to daily public play, golf outings and other miscellaneous events requiring food service.

Below is a summary of operations for 1997 through May of 2006:

City of Columbus Food Concession Revenues

YEAR ABSOLUTE MONTHLY PAYMENTS SALES 1997 $26,000 $69,416.08

1998 $27,000 $67,685.06

1999 $28,000 $96,093.97

2000 $30,000 $89,264.78

2001 $32,000 $100,153.28

2002 $34,000 $92,313.84

2003 $36,000 $73,134.00

2004 $38,000 $78,120.67

2005 $38,000 $114,450.80

2006 $40,000 $33,436.34 (Y.T.D. through May 2006)

ADVERTISEMENT

FOR AIRPORT GOLF COURSE

BID NOTICES - PAGE # 24

Columbus City Bulletin (Publish Date 07/29/06) 363 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

FOOD CONCESSIONS

Sealed proposals will be received by the Recreation and Parks Commission of the City of Columbus, Ohio, at its office - 200 Greenlawn Avenue, - until 11:00 AM on August 15, 2006 publicly opened and read immediately thereafter for:

AIRPORT GOLF COURSE FOOD CONCESSIONS

Copies of Bidder Information, Proposal Forms, and Contract Specifications can be obtained at:

Recreation and Parks Office - Golf Section 200 Greenlawn Avenue, Columbus, Ohio 43223

Proposals shall be submitted with proposal bond forms properly executed in accordance with directions contained in "Information for Bidders" together with the remaining executed proposal documents. Proposals must be submitted on the proposal forms contained in said contract documents and the said contract documents containing such proposal must be submitted in their entirety in sealed envelopes plainly marked:

"BID FOR AIRPORT GOLF COURSE FOOD CONCESSIONS"

The proposals shall be accompanied by a proposal bond, on the form provided in the contract documents, with surety or sureties satisfactory to the Recreation and Parks Commission, or by a certified check on a solvent bank of the City of Columbus, Ohio. Such proposal bond or check shall be in the amount of $500.00 (five hundred dollars and no cents). If the proposal bond is given by a surety company, proof of authority of the officer or agent signing the bond, together with a recent financial statement of the Surety Company, shall be attached. If a certified check is given, it shall be drawn payable to the order of Wayne A. Roberts, Executive Director of the Department of Recreation and Parks - Columbus, Ohio. The bond or check shall be forfeited if the bidder fails to enter into a contract with the City of Columbus, Ohio, and to furnish the required performance bond within ten (10) days after notice of the acceptance of his proposal, if the award is made to said bidder. The bonds or checks of all except the highest three bidders will be returned as soon as the bids are canvassed. The bonds or checks of these highest three bidders will be held until the execution of the contract and the furnishing of the required performance bond, after which they will be returned on demand.

A performance bond (contract bond) with a satisfactory surety will be required for the faithful performance of the work.

The bidder will be required to state in full detail, on his proposal, his experience in this class of work. Bids from Bidders inexperienced in food service will not be considered.

EQUAL OPPORTUNITY CLAUSE:

"Each responsive bidder shall submit, with its bid, a contract compliance certification number or a

BID NOTICES - PAGE # 25

Columbus City Bulletin (Publish Date 07/29/06) 364 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

completed application for certification. Minority business enterprises and female business enterprises bidding on contracts shall also include a contract compliance number or a completed application for certification. Compliance with the provisions of Article I, Title 39, is a condition of the contract. Failure to comply with this Article may result in cancellation of the contract".

Proposals must be submitted on the Proposal Forms, contained in the Contract Documents and said Contract Documents containing the Proposal must be submitted in their ENTIRETY in sealed envelopes marked "Bids for Airport Golf Course Food Concessions" and addressed to:

RECREATION AND PARKS COMMISSION 200 GREENLAWN AVENUE COLUMBUS, OHIO 43223

The right is reserved by the Executive Director of the Department of Recreation and Parks to reject any or all bids.

Thomas L. Kaplin, President Columbus Recreation and Parks Commission

Wayne A. Roberts, Executive Director Department of Recreation and Parks

Terri S. Leist, Assistant Director Department of Recreation and Parks ORIGINAL PUBLISHING DATE: July 26, 2006

BID OPENING DATE - August 17, 2006 11:00 am

SA002098 - Employee Benefits Prof Consultant

Employee Benefits Professional Consultant Contract terms are from Feb 1, 2007 through Jan 31, 2010, renewable annually. The contract will be under the 2007 budget. ORIGINAL PUBLISHING DATE: July 06, 2006

SA002111 - FIRE/AERIAL LADDER TRUCK

BID NOTICES - PAGE # 26

Columbus City Bulletin (Publish Date 07/29/06) 365 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

1.1 It is the intent of these specifications to describe a Custom four door, fully enclosed tilt cab, minimum of 103' steel aerial ladder truck, drawn by a tandem axle tractor for use by the Division of Fire in sufficient detail to secure bids on comparable equipment. All parts not mentioned, which are necessary to provide a complete unit, shall be included in the bid and shall conform in strength and quality of workmanship to what is usually provided to the trade in general. This vehicle must meet or exceed the current edition of NFPA booklet #1901 and any or all DOT regulations and Federal axle load laws at the time of contract signing.

1.2 This Invitation to bid (ITB) includes liquidated damages and a local vendor service requirement.

If you have an interest in receiving this proposal, please FAX this form in its entirety to: Purchasing Office, (614) 645-7051 a complete copy of the specifications will be mailed to those who request the mailing and specifications are also available in person at 50 West Gay Street, Beacon Building - First Floor, Columbus, Ohio, 43215 ORIGINAL PUBLISHING DATE: July 18, 2006

SA002112 - REFUSE/KNUCKLEBOOM TRUCK

1.1 Scope: It is the intent of the City of Columbus, Refuse Collection Division, to obtain formal bids to establish a contract for the purchase of knuckleboom trucks for use by the Refuse Collection Division.

1.2 Classification: City desires bids on cabs and chassis, truck body, or complete unit (cab, chassis and body). There is a local vendor component to this bid.

If you have an interest in receiving this proposal, please FAX this form in its entirety to: Purchasing Office, (614) 645-7051 a complete copy of the specifications will be mailed to those who request the mailing and specifications are also available in person at 50 West Gay Street, Beacon Building - First Floor, Columbus, Ohio, 43215 ORIGINAL PUBLISHING DATE: July 18, 2006

BID OPENING DATE - August 18, 2006 12:00 pm

SA002115 - FMD- FOOD SERVICES FOR MUNICIPAL COURT

BID NOTICES - PAGE # 27

Columbus City Bulletin (Publish Date 07/29/06) 366 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

City of Columbus - Food Service Request for Information (RFI)

We are writing to ascertain your interest in participating in a competitive Request for Proposal (RFP) process for the operation of a cafe/service cart to be located at the MCH Municipal Court Building. Interested parties are asked to submit certain pre-qualification documents as outlined at the close of this document.

About the Municipal Court Building Located at 375 South High Street, Columbus, Ohio; the building is eighteen (18) floors, totaling in at 345,245 sf.

The Customer Base The primary customer base for the cafe/service cart will be comprised of the employees and visitors of the Municipal Court building.

Solicitation of Interest If you are interested in being considered for selection, please provide two copies of the following requirements no later than August 18, 2006 by 12:00 noon EST: ?? Statement of interest; ?? Concept description, menu and current pricing; ?? Number of years in business; ?? Number and location of existing operations, including addresses of locations within closest proximity to the Municipal Court; ?? If publicly available, average annual sales by location for your last fiscal year; ?? Typical peak hourly customer count by location (experience with handling large peak customer volumes will be an important consideration for pre-qualification); ?? Anticipated space needs.

This information should be provided to the following address: Nicole D. Wilson City of Columbus 90 West Broad St., room B-15 Columbus, OH 43215

Questions/Additional Information Should you have questions, please contact Nicole D. Wilson at [email protected]. Clarification, questions and answers, and addenda issued in response to queries for additional information will be provided to all solicitees. Questions regarding the RFI are due in writing no later than August 17, 2006. Thank you for your interest, and we look forward to hearing from you. ORIGINAL PUBLISHING DATE: July 20, 2006

BID OPENING DATE - August 24, 2006 11:00 am

BID NOTICES - PAGE # 28

Columbus City Bulletin (Publish Date 07/29/06) 367 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

SA002116 - FINANCE/PURCHASING/AUTOMOBILES

1.1 Scope: It is the intent of the City of Columbus, Department of Finance and Management/Purchasing Office to obtain formal bids to establish a UNIVERSAL TERM CONTRACT (UTC) for the purchase of AUTOMOBILES for use on a city-wide basis through August 31, 2007 or manufacturer's buildout.

1.2 Classification: Bids will be recieved on a per item basis with various optional equipment.

If you have an interest in receiving this proposal, please FAX this form in its entirety to: Purchasing Office, (614) 645-7051 a complete copy of the specifications will be mailed to those who request the mailing and specifications are also available in person at 50 West Gay Street, Beacon Building - First Floor, Columbus, Ohio, 43215 ORIGINAL PUBLISHING DATE: July 25, 2006

SA002117 - FINANCE/PURCHASING/LIGHT DUTY TRUCKS

1.1 Scope: It is the intent of the City of Columbus, Finance & Management/Purchasing Office to obtain formal bids to establish a Universal Term Contract (UTC) for the purchase of Light Duty Trucks for use by all city agencies through August 24, 2007 or manufacturer's buildout.

1.2 Classification: Bids will be received on a per item basis with options.

If you have an interest in receiving this proposal, please FAX this form in its entirety to: Purchasing Office, (614) 645-7051 a complete copy of the specifications will be mailed to those who request the mailing and specifications are also available in person at 50 West Gay Street, Beacon Building - First Floor, Columbus, Ohio, 43215 ORIGINAL PUBLISHING DATE: July 25, 2006

SA002118 - HARTMAN PONDS SECTION 2

BID NOTICES - PAGE # 29

Columbus City Bulletin (Publish Date 07/29/06) 368 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

ADVERTISEMENT FOR BIDS

Sealed proposals will be received by Richard Conie of Intrust Land Development Co., at 109 N. Front Street, 3rd Floor, Room 301, Columbus, Ohio 43215 until 3:00 P.M. local time, and publicly opened and read at 109 N. Front Street, 2nd Floor, Room 205 at 3:00 P.M. on August 24, 2006 for Hartman Ponds Section 2. The work for which proposals are invited consists of waterline, streets and street lighting, and such other work as may be necessary to complete the contract in accordance with the plans and specifications.

Copies of the Contract Documents and the plans available after August 1, 2006, at the office of Land Network, Inc., 39 E. Whittier Street, Columbus, OH 43206, (PH: 614-445-8111) and are available to prospective bidders upon payment of $25.00 per set.

Proposals must be submitted on the proper forms contained in the Bid Submittal Documents and the Bid Submittal Documents containing the Proposal must be submitted IN THEIR ENTIRETY in a sealed envelope marked Bid for Hartman Ponds Section 2.

All materials submitted in response to this advertisement for bids will become the property of the Intrust Land Development Co. and will not be returned. All materials submitted in response to this advertisement for bids will be considered public records subject to disclosure as contemplated by Ohio Revised Code Section 149.43. All materials received will be open to the public once the sealed proposals are publicly opened and read.

PREVAILING WAGE RATE Bidders must comply with the prevailing wage rates on Public Improvements in Franklin County and the City of Columbus, Ohio as determined by the Ohio Bureau of Employment Services, Wage and Hour Division (614) 644-2239.

CONTRACT PERFORMANCE AND PAYMENT BOND A contract performance and payment bond of 100 percent of the amount of the contract with a surety or sureties licensed to conduct business in the State of Ohio according to Section 103.05 of the City of Columbus Construction & Materials Specifications, 2002 edition, will be required to assure the faithful performance of the work.

CONTRACT COMPLETION Intrust will issue a notice to proceed on or about January 1, 2007.

CONSTRUCTION AND MATERIAL SPECIFICATIONS Numbered paragraphs to which reference is made in the Bid Submittal Documents refer to the City of Columbus, Ohio, Construction and Materials Specifications, 2002 edition and will become part of the terms and conditions of the contract to be awarded. Said specifications are hereby made a part of these Bid Submittal Documents. Bidders are required to examine Section 100, General Provisions, for the requirements necessary to submit a proposal. Copies of said Construction and Material Specifications may be examined and/or purchased at the office of the Director of Public Service, 90 W. Broad St., 3rd Floor, Columbus, Ohio 43215 (614) 645-8290, at the offices of the Transportation Division, 1800 E. 17th Avenue, Columbus, Ohio 43219 (614) 645-3182, and 109 N. Front St, 3rd Floor, Columbus, Ohio 43215 (614) 645-5660, and at the office of the Director of Public Utilities, 910 Dublin Rd., 4th Floor, Columbus, Ohio

BID NOTICES - PAGE # 30

Columbus City Bulletin (Publish Date 07/29/06) 369 of 408 THE CITY BULLETIN BIDS WANTED - PURCHASING OFFICE AND OTHER DIVISIONS

43215 (614) 645-6141.

CONTRACT COMPLIANCE REQUIREMENTS AND EQUAL OPPORTUNITY CLAUSE Each responsive bidder shall submit, with its bid, a City of Columbus Contract Compliance Certification Number or a completed application for certification. Any questions or inquiries concerning this should be directed to the Equal Business Opportunity Commission Office.

Intrust Land Development Co., Inc. encourages the participation of Minority and female owned business enterprises. Each bidder must identify any subcontractor(s) who are minority or female owned businesses (M/FBE's) as defined in Title 39 of the Columbus City Code along with the scope of work and anticipated cost.* This information is gathered and monitored by the Equal Business Opportunity Commission Office (EBOCO). Please contact EBOCO (614) 645-4764 for assistance with identifying potential M/FBE subcontractors. Equal Business Opportunity Office, 109 N. Front Street, 4th Floor, Columbus, Ohio 43215, (614) 645-4764.

*While the participation of minority and female owned businesses is encouraged the level of minority or female participation will not be a condition of the bid award.

BID CANCELLATION AND REJECTIONS The right is reserved by y Richard Conie of Intrust Land Development Co., Inc. to cancel the Advertisement for Bids, to reject any and/or all bids, to waive technicalities, or to advertise for new proposals, when it is in the best interests of Intrust Land Development Co..

PLANS ARE AVAILABLE ON:

August 1, 2006 ORIGINAL PUBLISHING DATE: July 25, 2006

BID NOTICES - PAGE # 31

Columbus City Bulletin (Publish Date 07/29/06) 370 of 408

Public Notices

The link to the Columbus City Health Code pdf shall constitute publication in the City Bulletin of changes to the Columbus City Health Department's Health Code. To go to the Columbus City Health Code, click here (pdf).

The Columbus City Code's "Title 7 -- Health Code" is separate from the Columbus City Health Code. Changes to "Title 7 -- Health Code" are published in the City Bulletin. To go to the Columbus City Code's "Title 7 -- Health Code," click here (html).

Columbus City Bulletin (Publish Date 07/29/06) 371 of 408 Office of City Clerk 90 West Broad Street City of Columbus Columbus OH 43215-9015 City Bulletin Report columbuscitycouncil.org

Legislation Number: PN0021-2006

Drafting Date: 01/18/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Brewery District Commission 2006 Meeting Schedule Contact Name: Brenda Moore Contact Telephone Number: 614-645-8620 Contact Email Address: [email protected] Body The 2006 regular monthly meetings of the Brewery District Commission will be held on the dates listed below at 6:15 p.m. at 109 N. Front Street, Columbus, Ohio 43215, in the ground floor Community Training Center. Copies of the agenda may be obtained by calling 645-8620 or by e-mail [email protected]. A Sign Language Interpreter, to “Sign” this meeting , will be made available for anyone with a need for this service, provided the Historic Preservation Office is made aware of this need and given a reasonable notice of at least forty-eight (48) hours prior to the scheduled meeting time. To schedule an interpreter, please call 645-8620 or TDD 645-6802.

Application Deadlines Hearing Dates

January 19, 2006 February 2, 2006 February 16, 2006 March 2, 2006 March 23, 2006 April 6, 2006 April 20, 2006 May 4, 2006 May 18, 2006 June 1, 2006 June 22, 2006 July 6, 2006 July 20, 2006 August 3, 2006 August 24, 2006 September 7, 2006 September 21, 2006 October 5, 2006 October 19, 2006 November 2, 2006 November 22, 2006 December 7, 2006 December 21, 2006 January 4, 2007 January 18, 2007 February 1, 2007

Legislation Number: PN0022-2006

Drafting Date: 01/18/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Victorian Village Commission 2006 Meeting Schedule Contact Name: Brenda Moore Contact Telephone Number: 614-645-8620 Contact Email Address: [email protected] Body The 2006 regular monthly meetings of the Victorian Village Commission will be held on the dates listed below at 6:15 p.m. at 109 N. Front Street, Columbus, Ohio 43215, in the ground floor Community Training Center. Copies of the agenda may be obtained by calling 645-8620 or by e-mail [email protected]. A Sign Language Interpreter, to “Sign” this meeting , will be made available for anyone with a need for this service, provided the Historic Preservation

Columbus City Bulletin (Publish Date 07/29/06) 372 of 408 Office is made aware of this need and given a reasonable notice of at least forty-eight (48) hours prior to the scheduled meeting time. To schedule an interpreter, please call 645-8620 or TDD 645-6802.

Application Deadlines Hearing Dates

January 26, 2006 February 9, 2006 February 23, 2006 March 9, 2006 March 30, 2006 April 13, 2006 April 27, 2006 May 11, 2006 Mary 25, 2006 June 8, 2006 June 29, 2006 July 13, 2006 July 27, 2006 August 10, 2006 August 31, 2006 September 14, 2006 September 28, 2006 October 12, 2006 October 26, 2006 November 9, 2006 November 30, 2006 December 14, 2006 December 28, 2006 January 11, 2007 January 25, 2007 February 8, 2007

Legislation Number: PN0023-2006

Drafting Date: 01/18/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Historic Resources Commission 2006 Meeting Schedule Contact Name: Brenda Moore Contact Telephone Number: 614-645-8620 Contact Email Address: [email protected] Body The 2006 regular monthly meetings of the Historic Resources Commission will be held on the dates listed below at 6:15 p.m. at 109 N. Front Street, Columbus, Ohio 43215, in the ground floor Community Training Center. Copies of the agenda may be obtained by calling 645-8620 or by e-mail [email protected]. A Sign Language Interpreter, to “Sign” this meeting , will be made available for anyone with a need for this service, provided the Historic Preservation Office is made aware of this need and given a reasonable notice of at least forty-eight (48) hours prior to the scheduled meeting time. To schedule an interpreter, please call 645-8620 or TDD 645-6802.

Application Deadlines Hearing Dates

February 2, 2006 February 16, 2006 March 2, 2006 March 16, 2006 April 6, 2006 April 20, 2006 May 4, 2006 May 18, 2006 June 1, 2006 June 15, 2006 July 6, 2006 July 20, 2006 August 3, 2006 August 17, 2006 September 7, 2006 September 21, 2006 October 5, 2006 October 19, 2006 November 2, 2006 November 16, 2006 December 7, 2006 December 21, 2006 January 4, 2007 January 18, 2007

Columbus City Bulletin (Publish Date 07/29/06) 373 of 408 Legislation Number: PN0024-2006

Drafting Date: 01/18/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Italian Village Commission 2006 Meeting Schedule Contact Name: Brenda Moore Contact Telephone Number: 614-645-8620 Contact Email Address: [email protected] Body The 2006 regular monthly meetings of the Italian Village Commission will be held on the dates listed below at 6:15 p.m. at 109 N. Front Street, Columbus, Ohio 43215, in the ground floor Community Training Center. Copies of the agenda may be obtained by calling 645-8620 or by e-mail [email protected]. A Sign Language Interpreter, to “Sign” this meeting , will be made available for anyone with a need for this service, provided the Historic Preservation Office is made aware of this need and given a reasonable notice of at least forty-eight (48) hours prior to the scheduled meeting time. To schedule an interpreter, please call 645-8620 or TDD 645-6802.

Application Deadlines Hearing Dates

January 3, 2006 January 17, 2006 February 7, 2006 February 21, 2006 March 7, 2006 March 21, 2006 April 4, 2006 April 18, 2006 May 2, 2006 May 16, 2006 June 6, 2006 June 20, 2006 July 3, 2006 July 18, 2006 August 1, 2006 August 15, 2006 September 5, 2006 September 19, 2006 October 3, 2006 October 17, 2006 November 7, 2006 November 21, 2006 December 5, 2006 December 19, 2006 January 2, 2007 January 16, 2007

Legislation Number: PN0025-2006

Drafting Date: 01/18/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: German Village Commission 2006 Meeting Schedule Contact Name: Brenda Moore Contact Telephone Number: 614-645-8620 Contact Email Address: [email protected] Body The 2006 regular monthly meetings of the German Village Commission will be held on the dates listed below at 4:00 p.m. the German Village Meeting Haus, 588 S. Third Street, Columbus, Ohio 43215. Copies of the agenda may be obtained by calling 645-8620 or by e-mail at [email protected]. A Sign Language Interpreter, to “Sign” this meeting , will be made available for anyone with a need for this service, provided the Historic Preservation Office is made aware of this need and given a reasonable notice of at least forty-eight (48) hours prior to the scheduled meeting time. To schedule an interpreter, please call 645-8620 or TDD 645-6802.

Columbus City Bulletin (Publish Date 07/29/06) 374 of 408 Application Deadlines Hearing Dates

December 20, 2005 January 3, 2006 January 24, 2006 February 7, 2006 February 21, 2006 March 7, 2006 March 21, 2006 April 4, 2006 April 18, 2006 May 2, 2006 May 23, 2006 June 6, 2006 June 20, 2006 July 11, 2006 July 18, 2006 August 1, 2006 August 22, 2006 September 12, 2006 September 19, 2006 October 3, 2006 October 24, 2006 November 14, 2006 November 21, 2006 December 5, 2006 December 19, 2006 January 9, 2007 January 23, 2007 February 6, 2007

Legislation Number: PN0026-2006

Drafting Date: 01/18/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Historic Resources Commission 2006 Business Meeting Schedule Contact Name: Brenda Moore Contact Telephone Number: 614-645-8620 Contact Email Address: [email protected] Body The 2006 regular monthly business meetings of the Historic Resources Commission will be held on the dates listed below at 12:00 noon. at 109 N. Front Street, Columbus, Ohio 43215, in the 1st Floor Conference Room. Copies of the agenda may be obtained by calling 645-8620 or by e-mail [email protected]. A Sign Language Interpreter, to “Sign” this meeting , will be made available for anyone with a need for this service, provided the Historic Preservation Office is made aware of this need and given a reasonable notice of at least forty-eight (48) hours prior to the scheduled meeting time. To schedule an interpreter, please call 645-8620 or TDD 645-6802.

Business Meeting Dates

January 12, 2006 February 9, 2006 March 9, 2006 April 13, 2006 May 11, 2006 June 8, 2006 July 13, 2006 August 10, 2006 September 14, 2006 October 12, 2006 November 9, 2006 December 14, 2006

Legislation Number: PN0027-2006

Drafting Date: 01/18/2006 Current Status: Clerk's Office for Bulletin

Columbus City Bulletin (Publish Date 07/29/06) 375 of 408 Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Italian Village Commission 2006 Business Meeting Schedule Contact Name: Brenda Moore Contact Telephone Number: 614-645-8620 Contact Email Address: [email protected] Body The 2006 regular monthly business meetings of the Italian Village Commission will be held on the dates listed below at 12:00 noon. at 109 N. Front Street, Columbus, Ohio 43215, in the 1st Floor Conference Room. Copies of the agenda may be obtained by calling 645-8620 or by e-mail [email protected]. A Sign Language Interpreter, to “Sign” this meeting , will be made available for anyone with a need for this service, provided the Historic Preservation Office is made aware of this need and given a reasonable notice of at least forty-eight (48) hours prior to the scheduled meeting time. To schedule an interpreter, please call 645-8620 or TDD 645-6802.

Business Meeting Dates

January 10, 2006 February 14, 2006 March 14, 2006 April 11, 2006 May 9, 2006 June 13, 2006 July 11, 2006 August 8, 2006 September 12, 2006 October 10, 2006 November 14, 2006 December 12, 2006

Legislation Number: PN0028-2006

Drafting Date: 01/18/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Victorian Village Commission 2006 Business Meeting Schedule Contact Name: Brenda Moore Contact Telephone Number: 614-645-8620 Contact Email Address: [email protected] Body The 2006 regular monthly business meetings of the Victorian Village Commission will be held on the dates listed below at 12:00 noon. at 109 N. Front Street, Columbus, Ohio 43215, in the 1st Floor Conference Room. Copies of the agenda may be obtained by calling 645-8620 or by e-mail [email protected]. A Sign Language Interpreter, to “Sign” this meeting , will be made available for anyone with a need for this service, provided the Historic Preservation Office is made aware of this need and given a reasonable notice of at least forty-eight (48) hours prior to the scheduled meeting time. To schedule an interpreter, please call 645-8620 or TDD 645-6802.

Business Meeting Dates

January 5, 2006 February 2 2006

Columbus City Bulletin (Publish Date 07/29/06) 376 of 408 March 2, 2006 April 6, 2006 May 4, 2006 June 1, 2006 July 6, 2006 August 3, 2006 September 7, 2006 October 5 2006 November 2 2006 December 7, 2006

Legislation Number: PN0029-2006

Drafting Date: 01/18/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: German Village Commission 2006 Business Meeting Schedule Contact Name: Brenda Moore Contact Telephone Number: 614-645-8620 Contact Email Address: [email protected] Body The 2006 regular monthly business meetings of the German Village Commission will be held on the dates listed below at 12:00 noon. at 109 N. Front Street, Columbus, Ohio 43215, in the 1st Floor Conference Room. Copies of the agenda may be obtained by calling 645-8620 or by e-mail [email protected]. A Sign Language Interpreter, to “Sign” this meeting , will be made available for anyone with a need for this service, provided the Historic Preservation Office is made aware of this need and given a reasonable notice of at least forty-eight (48) hours prior to the scheduled meeting time. To schedule an interpreter, please call 645-8620 or TDD 645-6802.

Business Meeting Dates

January 31, 2006 February 28, 2006 March 28, 2006 April 25, 2006 May 30, 2006 June 27, 2006 July 25, 2006 August 29, 2006 September 26, 2006 October 31 2006 November 28, 2006 December 26, 2006

Legislation Number: PN0038-2006

Drafting Date: 01/25/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Southwest Area Commission 2006 Meeting Schedule

Columbus City Bulletin (Publish Date 07/29/06) 377 of 408 Contact Name: Bonita Lee Contact Telephone Number: 614-645-7964 Contact Email Address: [email protected] Body The Southwest Area Commission meets on the third Wednesday each month at New Horizons Church, 1663 Harrisburg Pike with the exception that the commission does not meet in December. For more information contact Bonita Lee at [email protected].

2006 Meeting Schedule: February 15 March 15 April 19 May 17 June 21 July 19 August 16 September 20 October 18 November 15

Legislation Number: PN0039-2006

Drafting Date: 01/25/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Greater Hilltop Area Commission 2006 Meeting Schedule Contact Name: Bonita Lee Contact Telephone Number: 614-645-8620 Contact Email Address: [email protected] Body The Greater Hilltop Area Commission meets on the first Tuesday of each month at the Hilltop Branch Library, 511 S. Hague Avenue at 7:00 p.m. with the exception of July (Independence Day) and November (Election Day). For more information contact Bonita Lee at [email protected].

February 7 March 7 April 4 May 2 June 6 July 11 August 1 September 5 October 3 November 14 December 5

Legislation Number: PN0060-2005

Drafting Date: 02/23/2005 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Columbus City Bulletin (Publish Date 07/29/06) 378 of 408 Title Notice/Advertisement Title: Published Columbus City Health Code Contact Name: Richard Hicks Contact Telephone Number: 654-6189 Contact Email Address: [email protected] Body"The Columbus City Health Code is updated and maintained by the Columbus Health Department. To view the most current City Health Code, please visit: http://www.publichealth.columbus.gov/

Legislation Number: PN0136-2006

Drafting Date: 07/05/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Milo-Grogan Area Commission Amended By-Laws Contact Name: Wil Preston Contact Telephone Number: 614-645-7563 Contact Email Address: [email protected] Body

MILO-GROGAN AREA COMMISSION BY-LAWS

These By-Laws establish the procedure under which the Milo-Grogan Area Commission shall execute those duties and functions set forth in and with authority granted under Chapter 3109 of the Columbus City Codes (hereinafter abbreviated as “C.C.”).

Article I. Name

The name of this organization shall be the Milo-Grogan Area Commission, herein referred to as the “Commission”.

Article II. Milo-Grogan Area

The area served by the Commission shall be all incorporated areas of the City of Columbus, bounded on the north by Eleventh Avenue to Interstate 71, then south to and easterly along the east-west Conrail tracks which lie south of Bonham Avenue; on the east by north-south Conrail tracks which lie east of Cleveland Avenue; on the south by the east-west Conrail tracks north of the Interstate 670 corridor; and on the west by the north-south Conrail tracks which lie west of Cleveland Avenue.

Article III. Milo-Grogan Area Citizens

A Milo-Grogan Area Citizen is any person who lives, works, owns a business, or owns property in the Milo-Grogan District, herein referred to as a “MGA Citizen.”

Article IV. Purpose

The purpose of this Commission shall be to afford additional voluntary citizen participation in decision-making in an advisory capacity to the City Administration and City Council and to facilitate communication, understanding, and cooperation between neighborhood groups, city officials and developers by performing those functions and duties set out in C.C. 3109.

The Commission shall not endorse any candidate for public office or any issue up for public vote.

Columbus City Bulletin (Publish Date 07/29/06) 379 of 408 Article V. Commissioners

Commissioners: There shall be eleven (11) Commissioners on the Commission. Each Commissioner shall be a MGA Citizen for a minimum of one (1) year, be duly appointed by the Mayor with the concurrence of Council as specified in C.C. 3109, and serve without compensation.

Terms: A Commissioner's normal term shall be three (3) years. All terms shall expire on the last day of the same month in different years; however, a Commissioner may continue to serve beyond term expiration until a successor is appointed. In the event that more than one Commissioner is eligible to serve beyond term expiration, the remaining Commissioners present will determine by vote at the Annual Meeting which Commissioner(s) will remain seated. Terms shall be staggered so as to maintain continuity of experienced representation.

Representation: No Commissioner shall represent the Commission in its official actions before any other public body or official, except as specifically authorized by the Commission. This shall not be construed as a restriction upon the right of individual Commissioners to represent their own views before public or private bodies, whether in agreement or disagreement with the official actions of the Commission. Any Commissioner who has violated this rule (as determined by two-thirds (2/3) vote by the remaining Commissioners present) shall be officially warned of this violation. Further violation (as determined by a two-thirds (2/3) vote of the entire Commission) shall be communicated by letter to the Mayor requesting that said Commissioner be removed from office. Upon approval by the Mayor, the Secretary shall notify the City Clerk and the Department of Development of the removal of the Commissioner.

Disqualification: Commissioners shall maintain their MGA Citizenship. Failure of a Commissioner to maintain his or her MGA Citizenship shall be reported immediately to the Secretary and shall be deemed a resignation. The Secretary shall send a letter to the Mayor requesting that said Commissioner be removed from office. Upon approval by the Mayor, the Secretary shall notify the City Clerk and the Department of Development of the removal of the Commissioner.

Attendance: Commissioners shall so far as possible be regular in attendance. A Commissioner's absence from three (3) consecutive Regular Meetings or from a total of four (4) Regular Meetings in any one year shall be deemed resignation from the Commission. Unless two-thirds (2/3) of those Commissioners present determine that extenuating circumstances justify that Commissioner's continuing to hold his or her position, notice of such absence shall be communicated by letter to the Mayor requesting that said Commissioner be removed from office. Upon approval by the Mayor, the Secretary shall notify the City Clerk and the Department of Development of the removal of the Commissioner. As a courtesy the Secretary shall remind such Commissioner of this provision after his or her second consecutive absence or third absence in a year.

6. Vacancy: The Commission shall nominate one or more candidates to fill any vacancy that occurs prior to the General Election for the remainder of the un-expired term. An announcement of said vacancy shall be made at the upcoming Regular Meeting with a request for nominations to be submitted by the next Executive Committee Meeting. Vote by the Commissioners shall be held at the following Regular Meeting. The Commission shall, by letter, notify the Mayor, the City Clerk, and the Department of Development of the new Commissioner(s) who will fill the vacancy(ies) (pursuant to C.C. 3109.10).

Article VI. Officers

The Officers of the Commission shall be Chairperson, Vice-Chairperson, Secretary, Treasurer, and Sergeant-at-Arms. The election of Officers shall be at the Annual Meeting and shall be elected by a majority vote of the Commissioners present. Officers shall serve a one (1) year term, or until a successor is elected, and no Commissioner shall serve more than two (2) one (1) year terms consecutively in the same office. Each Officer shall have the right to vote on any question. No Commissioner serving in his/her first nine (9) months shall be eligible to run for the position of officer.

The Chairperson shall preside at all meetings of the Commission; in consultation with and with the approval of the Commission, appoint Standing and Special Committees of the Commission; serve as an ex-officio member of all committees; coordinate the actions of Officers and Committee Chairpersons; and perform other duties associated with the office as required.

Columbus City Bulletin (Publish Date 07/29/06) 380 of 408 The Vice-Chairperson shall assist the Chairperson; perform the duties of the Chairperson in his or her absence; and perform such other duties as may be assigned by the Commission.

The Secretary shall call and record the roll; remind of absences per Article V., Section 5.; record and maintain accurate voting records and meeting summaries which will be open to public examination; maintain such other records as the Commission may direct; notify the Mayor of any vacancy; perform related duties as may be assigned by the Commission; and in the absence of both the Chairperson and the Vice-Chairperson, call the meeting to order and preside or at his or her discretion nominate a Chairperson Pro Tempore.

The Treasurer shall receive all moneys and approve all payments with approval of the Commission in accordance with the annual budget; maintain an accounting of all city funds expended; prepare a quarterly financial report, which is to be distributed to all Commissioners; prepare and present an annual budget for the Commission; and in the absence of the Chairperson, the Vice-Chairperson, and the Secretary, call the meeting to order and preside or at his or her discretion nominate a Chairperson Pro Tempore.

The Sergeant-at-Arms shall at the request of the presiding officer, assure the maintenance of order at Regular Meetings. He or she shall have the authority to cause unruly or disorderly persons to be removed from said meetings and shall exercise good judgment and discretion in implementing measures to assure the safety of Commissioners and other attendees of Commission meetings. The Sergeant-at-Arms shall appoint a Deputy from the membership of each Standing and Special Committee and the same shall be charged with the responsibility for order and security in the respective committee meetings, pursuant to the directions of the Sergeant-of-Arms. In the absence of the Sergeant-at-Arms or any Deputy from a Commission or committee meeting, the person presiding may appoint a Commissioner or any committee member Sergeant-at-Arms, pro tempore, and the same shall serve as such until the conclusion of the meeting.

Removal of a Committee Chairperson or a Commission Officer a. Relative to the Committee Chairperson of any committee, the process shall be as follows: The selected Committee Chairperson of any committee may be requested to step down as the Committee Chairperson of that committee by a) the Commission Chairperson or b) a member of that committee. The selected Committee Chairperson of any committee may be voted out as the Committee Chairperson of that committee by a) a two-thirds (2/3) vote of that committee's members, or b) upon the recommendation of the Commission Chairperson with a majority vote of the Commissioners present, or c) by the entire Commission with a two-thirds (2/3) vote of the Commissioners present. At any time before voting by the entire Commission, for the purpose of removing a selected Committee Chairperson, that selected Committee Chairperson may resign the chair. b. Relative to a Commission Officer, the process shall be as follows: Proposed removal of an Officer shall be in writing and signed by at least one-third (1/3) of the Commissioners. Said letter shall be submitted at an Executive Committee Meeting for inclusion on the Regular Meeting agenda and a Special Meeting shall be scheduled. The Special Meeting shall be announced at the Regular Meeting. At the Special Meeting, the entire Commission shall vote, either present or by proxy. A two-thirds (2/3) vote of the entire Commission shall be required for officer removal. At any time before voting by the entire Commission, for the purpose of removing a selected Commission Officer, that selected Commission Officer may resign the office.

Article VII. Meetings

Regular Meetings of the Commission shall be held at 7:00 p.m., on the second (2nd) Tuesday of each month. Each meeting shall be held in the Commission Area in an appropriate, large room convenient for Commissioners and the public and chosen by the Commission as its regular meeting place. Changes in meeting location and/or time may be directed by majority vote of the Commission and specified at least fifteen (15) days prior to the meeting. Notice of the meeting with an agenda shall be published in the City Bulletin prior to changing the meeting time or location. Written minutes must be prepared for each meeting. Minutes of the prior Regular Meeting must be distributed before convening each Commission meeting.

The Annual Meeting shall be the Regular Meeting in November at which time new Commissioners will be seated,

Columbus City Bulletin (Publish Date 07/29/06) 381 of 408 Commissioners may be asked to serve past term, new officers will be elected, and annual reports will be received from Officers and committees.

Special Meetings may be called by the Executive Committee, the chairperson, or by a majority of the Commissioners in a Regular or Special Meeting. The meeting's purpose, date, time, and location shall be announced (per Article VII., Section 4.). No business will be considered at a Special Meeting unless it was announced, except in cases of emergency.

All Meetings shall be open to the public, and notice shall be published seven (7) days in advance in a newspaper of general circulation in the Commission area or by any other means possible and shall be the responsibility of the Public Relations Committee.

Quorum: A majority of the total number of potential Commissioners (per Article V., Section 1.) shall constitute a quorum for conducting business. Should the number of Commissioners fall below a level at which quorum can be attained due to disqualification, vacancy, or resignation, then the remaining Commissioners may accept resignations and fill vacancies as necessary to restore a quorum (per Article V., Section 6.).

Voting: A majority of Commissioners present and voting shall be required to approve any action. A tie vote is disapproval. The Chairperson shall state each issue in a positive form such as: “The question before the Commission is: Shall the application (request, proposal) for ______be approved?”

The Order of Business for meetings shall be: Call to Order (Quorum present) Opening Prayer Roll Call Approval of Past Minutes Distribution of Meeting Protocol and Recognition of the Acting Sergeant of Arms Honored Guests' Presentations Reading of New Correspondence Standing Committee Reports Special Committee Reports Reports of Officers Reports of Attendees to City Council Reports of Liaison(s) to Other Commissions, Community Organizations, or Other Groups Unfinished Business New Business New Officer Elections [Annual Meeting only] Committee Member Appointments Open Forum (subject to time limitations) Adjournment Closing Prayer and Refreshments (if available) The Chairperson shall recognize members of the public who wish to address the Commission concerning issues under discussion. The Chairperson may uniformly limit debate to an equal amount of time for each side of an issue; and when appropriate, the issue may be referred by the Chairperson to the proper Committee for action and report at the following Commission meeting. Members of the public must adhere to the Rules for Non-Commissioner Attendees at Regular Commission Meetings. The following rules shall be enforced by the Chairperson and the acting Sergeant of Arms: Individuals desiring to speak must come forward to the podium. Each person may speak twice and may speak on one topic only each time. Each person may speak for a maximum of three (3) minutes each time. Commissioners are requested to limit their comments to three (3) minutes; however, they are not limited to topic. The acting Sergeant of Arms shall give a two and a half (2 ½) minute warning. Topics may be referred by the Chairperson to a Committee Chairperson. Commissioners and Committee Chairpersons will be available after the meeting. As a reminder, agenda items must be submitted to the Secretary prior to or on the last Monday of each month at the Executive Committee Meeting for consideration and placement on the next Regular Meeting's agenda.

Columbus City Bulletin (Publish Date 07/29/06) 382 of 408 Any additional topics to be addressed must be submitted along with the individual's name to the Sergeant of Arms for inclusion in Open Forum. Open Forum shall be subject to time limitations.

Dissenting or Non-Concurring Reports may be filed with the Secretary by any Commissioner and shall be attached to the majority report.

The Executive Committee Meeting shall be the last Monday of each month at 7:00 p.m. The Executive Committee Meeting shall be the deadline for adding agenda items to the Regular Meeting agenda.

Article VIII. Committees

The Chairperson shall appoint Commissioners to serve as Chairpersons of the Standing Committees giving due consideration to their individual preferences and subject to approval by a majority vote of the Commissioners.

The Chairperson of a Standing Committee shall appoint the members of that Standing Committee, who may be Commissioners or Non-Commissioners, subject to approval by a majority vote of the Commissioners present. Non-Commissioner appointees shall have full voting privileges in all proceedings of the committee to which they are appointed.

The Committee Chairpersons are considered authorized by the Commission to speak on behalf of the Commission in the sole pursuit of their Committee's objectives.

Committee Members shall serve at the pleasure of the Committee Chairperson and their appointments shall expire at the next Annual Meeting.

The Chairperson shall be an ex-officio member of all committees, Standing and Special.

The Standing Committees and their responsibilities shall be: The Executive Committee: All Commissioners and Committee Chairpersons shall serve as the Executive Committee to prepare the agenda for Commission meetings, determine the date and time of any special meetings, and plan the direction and scope of Commission activities. The Planning Committee shall review existing pertinent area plans; supervise any intern for the area, if any; and recommend guidelines for the comprehensive economic, commercial, and physical development of the Commission area. The Committee shall examine proposed local legislation; monitor the implementation of approved plans; and shall develop means for citizen participation in planning which substantially affects the Commission area. The Zoning and Code Enforcement Committee shall regularly receive, review, and make recommendations to the Commission on all applications for rezoning, variance, or special permit and zoning appeals pertaining to property wholly or partially within the Commission area based on comparison to the Comprehensive Plan and pertinent area plans, if any. The Community Services Committee shall promote the active cooperation of all segments of the Commission Area, including residents, organizations, associations, businesses, and institutions. The Public Services Committee shall review the adequacy and operation of public services provided by the City and other public agencies to the Commission Area, and recommend priorities and improvements of the same. The Parks and Recreation Committee shall review the adequacy and operation of the parks and recreation services provided by the City and other public agencies, and recommend priorities and improvements of the same. In addition, this committee shall recommend community-wide events such as parades or special events to aid in the development of community identity. The Public Relations Committee shall conduct all public relations activities, including, but not limited to: establishing media contacts; advertising the existence of the Commission to the area; coordinating news releases, newsletters, and correspondence, and any other duties as requested by the Commission. The Committee shall report monthly as to the means used for meeting notification. Historic Research and Preservation Committee shall encourage and support historic and preservation issues within the area and research and document the physical and social history of the area. Requests for demolition shall be reviewed and monitored by the committee and recommendations shall be made to the Commission.

Columbus City Bulletin (Publish Date 07/29/06) 383 of 408 The Selection and Rules Committee shall review and recommend any amendments to the By-Laws and shall recommend MGA Citizens for nomination to fill vacancies on the Commission. The Chairperson of this Committee shall act as Parliamentarian of the Commission.

Special Committees: A Special Committee may be established for a specific purpose by the Chairperson or by majority vote of the Commission at any meeting. The size, powers, and the duties of any Special Committee shall be specified in the creating resolution. Membership may be accorded to Commissioners or to Non-Commissioners. Special Committees may be terminated by conditions set forth in the initiating action, or by a subsequent majority vote of the Commission.

Notice of all committee meetings and copies of all committee correspondence shall be filed with the Secretary and Chairperson of the Commission. Committee findings that propose action or resolution shall be submitted to the Secretary for inclusion in the agenda of a Regular Meeting of the Commission for consideration.

Article IX . Elections

The Elections Board shall consist of a minimum of five (5) MGA Citizens who have been MGA Citizens for at least one (1) year and who are appointed by the Chairperson with the approval of the Commission at the Regular Meeting in May of each year.

2. The Board shall appoint any necessary Officers; provide for printing and distributing necessary forms such as, but not limited to, petitions, ballots, and tallies; receive petitions; certify persons who have qualified as candidates; locate polling places; conduct the election; tally the votes; hear and decide complaints concerning the election or campaign; and certify the winning candidates to the Commission, the Mayor, the City Clerk, and the Department of Development, pursuant to C.C. 3313.08 and all other activities incidental thereto.

Candidates for selection shall not be members of the Elections Board or polling staffs in the year in which their names appear on the ballot.

Elections shall be by secret ballot and determined by plurality vote. Any MGA Citizen eighteen (18) years of age or older may be an elector. The Elections Board shall conduct each election on the third Saturday in September. Members shall take office at the next Annual Meeting.

Election Rules are included in these By-Laws:

MILO-GROGAN AREA COMMISSION ELECTION RULES

I. General Provisions A. “Board” shall mean the Elections Board of the Milo-Grogan Area Commission. B. Where not otherwise specified, all filings or actions shall be done at the Headquarters of the Board. C. When a date is set as a deadline, and that date falls on a Sunday, then the deadline shall be the following Monday at 4:30 p.m.

II. The Elections Board A. The Board shall be composed of five (5) persons who are MGA Citizens and have been for a minimum of one (1) year. A Milo-Grogan Area Citizen (“MGA Citizen”) is any person who lives, works, owns a business, or owns property in the Milo-Grogan District (per Article III.). The Board shall be appointed by the Commission at the Regular Meeting in May of each year, one of whom the Commission will designate as Chairperson. B. Candidates for the Commission shall not be members of the Board or Polling Staff in the year in which their names appear on the ballot for election. C. The Board shall have all necessary Authority to conduct the election including the counting of ballots.

III. Elections Board Duties A. The Board shall select a location and equip a Headquarters for the Board.

Columbus City Bulletin (Publish Date 07/29/06) 384 of 408 B. The Board shall prepare and distribute to each prospective Candidate for Commissioner a petition paper, which shall include the following: 1. The name of the candidate in bold print at the top of the petition. 2. Space for a minimum of twenty-five (25) persons qualified to vote for the Candidate. Each line shall provide space for the printed name, home address, business address, and/or address of property owned in the Commission District, phone number, signature, and date. 3. The petition shall conclude with an affidavit which contains the following statement: “Enter Name Here - (Candidate Must Be the Signer of the Affidavit) states that he or she is the circulator of this petition, that he or she did witness each and every signature, and he or she will observe the Election Rules and the By-Laws of the Milo-Grogan Area Commission.” 4. Petitions shall be made available on or before the first Saturday in August and returned no later than the last Saturday in August. 5. No Candidate who fails to bring in the necessary signatures shall be allowed to run. C. The Board shall certify the validity of the circulated petitions, notify the Candidate(s) of petition certifications, and make public announcement of the names of certified Candidates no later than the first Saturday of September. D. The Board shall select the location of the poll(s). E. The Board shall devise the ballot format as follows: 1. Each ballot shall list all Candidates who have filed valid petitions. 2. Each ballot shall have a bold head “Vote for x of y Candidates,” x being the number of seats open and y being the number of Candidates. 3. No political party or organization other than the Commission shall be named on the ballot. 4. The Board shall ensure that all ballots are properly accounted for after printing; recording the total printed, used, spoiled, and remaining. The Board shall enlist and assign volunteer workers to staff polling places and obtain equipment and supplies. The Board shall tally the votes and certify the results to the Commission at the following Commission Meeting and hold the results for twenty (20) days to resolve all challenges. H. The Board shall make final determination with regard to the eligibility of voters, handle the final determination of challenges of cast ballots, handle the final determination of all other questions arising during the election process, and make final determination of all election challenges.

IV. Candidate Qualifications A. Each Candidate shall be eighteen (18) years of age or older. Valid documentation may be required. B. Each Candidate shall be a MGA Citizen for a minimum of one (1) year (per Article V., Section 1.). C. Each Candidate must file a nominating petition completed pursuant to the following requirements. 1. Each petition must be signed by at least twenty-five (25) persons eighteen (18) years of age or older who are MGA Citizens (per Article III.). 2. The petitions shall be circulated personally by the Candidate. The Board may grant exception to this requirement for disability demonstrated by the Candidate, but notice must be in writing. 3. Each Candidate must complete and execute the affidavit at the end of the petition prior to its submission to the Board. D. No party or name of organization other than the Milo-Grogan Area Commission shall be used by any Candidate. E. Each Candidate shall be given a copy of these Election Rules.

V. Voter Qualifications A. Each voter must be eighteen (18) years of age or older and must be a MGA Citizen. B. No voter shall cast more than one ballot.

VI. Conduct of Elections A. Rules for Campaigning: 1. No party or name of organization shall be used by any Candidate. 2. Campaigning shall begin no earlier than the last Saturday of August. Campaign literature shall be regulated as follows: a. Campaign literature may include only the Candidates' name, home address, place of employment or business, and/or Candidates' positions on community issues. b. Campaign literature shall contain no derogatory statements or personal attacks on other Candidates.

Columbus City Bulletin (Publish Date 07/29/06) 385 of 408 c. Campaign literature shall be submitted to the Elections Board prior to distribution for its review, no earlier than the 28th of August and no later than fourteen (14) days prior to Election Day. d. Any objections by the Board to campaign literature should be stated in writing by the Board and returned to the Candidate. e. Campaign literature shall be considered accepted by the Board if the Board has taken no action within seven (7) days of Election Day or within seven (7) days from submission, whichever occurs first. 4. No Candidate shall expend more than $100.00 for campaign purposes, including in-kind contributions. 5. Each Candidate shall file a finance report listing all contributions, including in-kind contributions and expenditures, within seven (7) days of Election Day. 6. All posters or other flyers shall be removed no later than the Wednesday following Election Day. B. Voting 1. The polls shall be open from 10:00 a.m. until 5:00 p.m. 2. Each poll shall have ballots available. 3. Each poll shall be supplied with a sealed Ballot Box and a register. 4. Persons shall vote by: a. Printing their name, home address, place of employment or business, and/or address of property owned on the register and signing it. b. Placing X marks on the ballot in the box of the Candidates they support. 5. The poll shall require evidence of voters' qualifications as necessary and as determined by the Board. 6. No person may cast more than one ballot. 7. Candidates may appoint in writing a witness to view the voting. NO person may campaign for his/her Candidate within one hundred (100) feet of the polling place. 8. Absentee Ballots are to be addressed as follows: a. Any person may vote absentee by requesting in writing an Absentee Ballot accompanied by a self-addressed stamped envelope to the Board within fourteen (14) days of Election Day. Ballot must be received before 5:00 p.m. on Election Day. Mailing instructions shall accompany ballot. b. Absentee Ballots shall remain unopened until the counting of ballots. C. Counting the Ballots: 1. After the polls have closed, the registers and sealed Ballot Boxes shall be delivered to the Headquarters of the Board. 2. The Board shall unseal each Ballot Box, count the ballots, compare the number to the appropriate register, and tally the votes. 3. The Absentee Ballots shall be unsealed and counted by the Board. 4. Witnesses may be present at the counting. 5. After the count has been completed, all voted ballots and registers shall be placed in a sealed container. 6. The sealed container shall be kept in a secure place until thirty (30) days after Election Day, at which time voted ballots and unused ballots may be destroyed under the supervision of the Elections Board. D. The Election Results: 1. Election results shall be posted by the Elections Board, within two (2) hours after Closing of elections, at Board Headquarters. 2. Should the margin of plurality be less than one percent (1%) or there be a tie vote, there is to be an automatic recount. 3. Challenges shall be filed in writing within ten (10) days of Election Day. A demand for a recount shall be considered a challenge. The challenge shall state the charge and the grounds. The Elections Board shall issue a written decision on the challenge within ten (10) days of the receipt of the challenge, and said decision shall be considered final. 4. The candidate(s) receiving a plurality of votes cast shall be the winner(s). 5. In the event of a tie vote, there shall be a review of attendance of Regular Meetings over the past twelve (12) months. The Candidate who has attended the higher number of Regular Meetings over the past twelve months shall be declared the winner. In the event that the tie still stands, the winner shall be decided by lot. 6. Election results shall be certified by the Elections Board to the Commission and to the Mayor, the City Clerk, and the Department of Development, twenty (20) days after Election Day or after all challenges are resolved, whichever comes first. E. Calendar of Elections 1. The Elections Board shall be appointed by the Commission at the Regular Meeting in May of each year. 2. The election of the Comissioners shall be held the third Saturday of September of each year (per Article IX., Section 4.).

Columbus City Bulletin (Publish Date 07/29/06) 386 of 408 3. The Elections Board shall publicly announce the upcoming election the first Saturday of August. 4. Petitions shall be made publicly available on the first Saturday of August. Included in the public announcement shall be the deadline for filing petitions. 5. Petitions shall be filed no later than the last Saturday of August. 6. Campaigning shall begin no earlier than the last Saturday of August. 7. The Elections Board shall publicly announce the candidate(s) no later than the first Saturday of September. 8. Absentee Ballots must be requested, in writing, from the Board within fourteen (14) days of Election Day. 9. Absentee Ballots must be received by the Board no later than 5:00 p.m. on Election Day. 10. Election results shall be announced publicly by the Election Board by 7:00 p.m. on Election Day. 11. All posters or other flyers shall be removed no later than the Wednesday following Election Day. 12. Challenges shall be filed in writing within ten (10) days of Election Day. 13. The Elections Board shall issue a written decision on challenges within ten (10) days of receipt of the challenge. 14. Each candidate shall file a finance report listing all contributions, including in-kind contributions, and expenditures, within seven (7) days after Election Day. 15. Each newly-elected Commissioner shall submit to the Elections Board biographical information, as required by the City of Columbus, within seven (7) days of Election Day. 16. Election results shall be certified by the Elections Board to the Commission and to the Mayor, the City Clerk, and the Department of Development within twenty (20) days of Election Day. 17. Voted ballots and unused ballots may be destroyed under the supervision of the Elections Board thirty (30) days after Election Day.

VII.Penalties A. The Elections Board shall judge all violations of these Election Rules. Violations may result in disqualification and declaring candidate with next highest vote as elected.

The Elections Board shall follow the Election Rules for governing the elections. The Elections Board may suggest Amendments to these Election Rules, which shall be presented to the Commission at the beginning of a Regular Meeting. Should the Commission approve of said Amendment(s) prior to adjournment, such rule(s) shall take effect. The Commission may amend the Elect

Legislation Number: PN0140-2006

Drafting Date: 07/07/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Human Services briefing Pt.1 Contact Name: Bo Chilton Contact Telephone Number : (614) 645-8580 Contact Email Address: [email protected]

Body

Legislation Number: PN0141-2006

Drafting Date: 07/07/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

TitleColumbus City Council Health, Housing & Human Services Committee Briefing

Columbus City Bulletin (Publish Date 07/29/06) 387 of 408 Notice/Advertisement Title:Health, Housing & Human Services Committee Briefing Contact Name:Bo Chilton Contact Telephone Number: 645-8580 Contact Email Address: [email protected] Body The Health, Housing & Human Services Committee will hold a briefing in Council Chambers on Thursday, August 3, 2006 at 5:00 p.m.

Legislation Number: PN0150-2006

Drafting Date: 07/11/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Public Service Director's Order - Placement of Traffic Control Devices as Recommended by the Transportation Division - Effective Date: July 7, 2006 Contact Name: Patricia R. Grove Contact Telephone Number: (614) 645-7881 Contact Email Address: [email protected] Body Please see Public Service Director's Order - Placement of Traffic Control Devices as Recommended by the Transportation Division - Effective Date: July 7, 2006

Legislation Number: PN0154-2006

Drafting Date: 07/21/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Public Service Director's Order - Placement of Traffic Control Devices as Recommended by the Transportation Division - Effective Date: July 10, 2006 Contact Name: Patricia R. Grove Contact Telephone Number: (614) 645-7881 Contact Email Address: [email protected] Body Please see Public Service Director's Order - Placement of Traffic Control Devices as Recommended by the Transportation Division - Effective Date: July 10, 2006

Legislation Number: PN0155-2006

Drafting Date: 07/21/2006 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: Public Service Director's Order - Placement of Traffic Control Devices as Recommended by the Transportation Division - Effective Date: July 12, 2006 Contact Name: Patricia R. Grove Contact Telephone Number: (614) 645-7881 Contact Email Address: [email protected]

Columbus City Bulletin (Publish Date 07/29/06) 388 of 408 Contact Email Address: [email protected] Body Please see Public Service Director's Order - Placement of Traffic Control Devices as Recommended by the Transportation Division - Effective Date: July 12, 2006

Legislation Number: PN0211-2005

Drafting Date: 10/07/2005 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title Notice/Advertisement Title: 2006 Meeting Schedule - City of Columbus Records Commission Contact Name: Thamie Freeze Contact Telephone Number: 614-645-7293 Contact Email Address: [email protected] Body CITY BULLETIN NOTICE MEETING SCHEDULE CITY OF COLUMBUS RECORDS COMMISSION

The regular meetings of the City of Columbus Records Commission for the calendar year 2006 are scheduled as follows:

Monday, February 6, 2006

Monday, May 8, 2006

Monday, September 25, 2006

These meetings will take place at: City Hall, 90 West Broad Street, 2nd Floor, in the City Council Conference Room (226). They will begin promptly at 10:00 am.

Every effort will be made to adhere to the above schedule, but the City of Columbus Records Commission reserves the right to change the date, time or location of any meeting; or to hold additional meetings. To confirm the meeting date, time and locations or to obtain agenda information, contact the Office of the City of Columbus Records Commission Coordinator at (614) 645-7293.

Advertise: 10/2005 to 10/2006

Legislation Number: PN0247-2005

Drafting Date: 12/07/2005 Current Status: Clerk's Office for Bulletin

Version: 1 Matter Type: Public Notice

Title OFFICIAL NOTICE - CIVIL SERVICE COMMISSION

Notice/Advertisement Title: OFFICIAL NOTICE-CIVIL SERVICE COMMISSION Contact Name: Lois Washnock

Columbus City Bulletin (Publish Date 07/29/06) 389 of 408 Contact Telephone Number: 614.645.7531 Contact Email Address: [email protected] Body OFFICIAL NOTICE CIVIL SERVICE COMMISSION COMPETITIVE EXAMINATION ANNOUNCEMENTS

APPLY ON-LINE 24 HOURS A DAY, 7 DAYS A WEEK OR APPLY IN PERSON 9:00 A.M. to 4:00 P.M. MONDAY, WEDNESDAY or THURSDAY.

The Civil Service Commission continuously administers competitive examinations. Information regarding examinations, for which the Civil Service Commission is currently accepting applications, is located on our website at www.csc.columbus.gov and is also posted at the Commission offices located at 50 West Gay Street, 6th Floor, Columbus, Ohio. Please note that all visitors to the Beacon Building are required to produce a picture ID, authenticating their identity, in order to visit the applications area. Applicants interested in City jobs should check our website or visit the Commission offices.

Columbus City Bulletin (Publish Date 07/29/06) 390 of 408 PLACEMENT OF TRAFFIC CONTROL DEVICES AS RECOMMENDED BY THE TRANSPORTATION DIVISION EFFECTIVE DATE: JULY 12, 2006

Whereas, an emergency exists in the usual daily operation of the Department of Public Service, Transportation Division, in that certain traffic control devices must be authorized immediately in order to preserve the public health, peace, property, and safety; now, therefore,

Under the power vested in me by Chapters 2105 and 2155 of the Traffic Code of Columbus, Ohio, I hereby determine that based on studies conducted by and recommendations made by the Transportation Division, that the following traffic regulations are necessary and I hereby authorize on the effective date of this order, or as soon thereafter as practical, the installation and/or removal of appropriate traffic control devices as follows:

SECTION 2105.08 STOP AND YIELD INTERSECTIONS

Stop signs shall be installed at intersections as follows: GATES ST shall stop for PARSONS AVE

Yield signs shall be installed at intersections as follows: NUTHATCH WAY shall yield to HIGHBLUFFS BLVD

PARKING REGULATIONS

The parking regulations on the 605 foot long block face along the S side of ABERDEEN AVE from NAMELESS ALLEY extending to JOYCE AVE shall be

Range Code in feet Section Regulation 0 - 165 2151.01 (STATUTORY RESTRICTIONS APPLY) 165 - 185 2105.03 HANDICAPPED PARKING ONLY 185 - 605 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 386 foot long block face along the N side of BELLOWS AVE from HAWKES AVE extending to MARTIN AVE shall be

Range Code in feet Section Regulation 0 - 40 2105.17 NO STOPPING ANYTIME 40 - 198 2151.01 (STATUTORY RESTRICTIONS APPLY) 198 - 221 2105.03 HANDICAPPED PARKING ONLY 221 - 386 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 2004 foot long block face along the W side of BEULAH RD from ARLINGTON AVE extending to WEBER RD shall be

Range Code in feet Section Regulation 0 - 142 2151.01 (STATUTORY RESTRICTIONS APPLY) 142 - 165 2105.03 HANDICAPPED PARKING ONLY 165 - 1513 2151.01 (STATUTORY RESTRICTIONS APPLY)

Columbus City Bulletin (Publish Date 07/29/06) 391 of 408 1513 - 2004 2105.17 NO STOPPING ANYTIME The parking regulations on the 625 foot long block face along the N side of BROWNLEE AVE from EASTMOOR BLVD extending to KELLNER RD shall be

Range Code in feet Section Regulation 0 - 46 2105.17 NO STOPPING ANYTIME 46 - 66 2105.03 HANDICAPPED PARKING ONLY 66 - 625 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 750 foot long block face along the W side of BURGESS AVE from BROAD ST extending to GRACE ST shall be

Range Code in feet Section Regulation 0 - 38 2105.17 NO STOPPING ANYTIME 38 - 138 2151.01 (STATUTORY RESTRICTIONS APPLY) 138 - 152 (NAMELESS ALLEY) 152 - 371 2151.01 (STATUTORY RESTRICTIONS APPLY) 371 - 401 2105.03 HANDICAPPED PARKING ONLY 401 - 750 2151.01 (STATUTORY RESTRICTIONS APPLY)

The parking regulations on the 800 foot long block face along the E side of CLARENDON AVE from SULLIVANT AVE extending to HOPE PL shall be

Range Code in feet Section Regulation 0 - 219 2151.01 (STATUTORY RESTRICTIONS APPLY) 219 - 232 (NAMELESS ALLEY) 283 - 306 2105.03 HANDICAPPED PARKING ONLY 306 - 592 2151.01 (STATUTORY RESTRICTIONS APPLY) 322 - 283 2151.01 (STATUTORY RESTRICTIONS APPLY) 592 - 622 2105.03 HANDICAPPED PARKING ONLY 622 - 800 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 805 foot long block face along the N side of CORDELL AVE from CLEVELAND AVE extending to BILLITER BLVD shall be

Range Code in feet Section Regulation 0 - 133 2151.01 (STATUTORY RESTRICTIONS APPLY) 133 - 147 (NAMELESS ALLEY) 147 - 805 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 857 foot long block face along the E side of EUREKA AVE from BROAD ST extending to GRACE ST shall be

Range Code in feet Section Regulation 0 - 132 2105.17 NO PARKING ANY TIME 132 - 144 (NAMELESS ALLEY) 144 - 164 2105.17 NO STOPPING ANYTIME 164 - 507 2151.01 (STATUTORY RESTRICTIONS APPLY) 507 - 556 2105.03 HANDICAPPED PARKING ONLY 556 - 634 2151.01 (STATUTORY RESTRICTIONS APPLY) 634 - 657 2105.03 HANDICAPPED PARKING ONLY 657 - 857 2151.01 (STATUTORY RESTRICTIONS APPLY)

Columbus City Bulletin (Publish Date 07/29/06) 392 of 408 The parking regulations on the 266 foot long block face along the E side of FOURTH ST from HINKLE AVE extending to BARTHMAN AVE shall be

Range Code in feet Section Regulation 0 - 30 2105.17 NO STOPPING ANYTIME 30 - 53 2105.03 HANDICAPPED PARKING ONLY 53 - 127 2151.01 (STATUTORY RESTRICTIONS APPLY) 127 - 140 (NAMELESS ALLEY) 140 - 175 2151.01 (STATUTORY RESTRICTIONS APPLY) 175 - 198 2105.03 HANDICAPPED PARKING ONLY 198 - 266 2151.01 (STATUTORY RESTRICTIONS APPLY)

The parking regulations on the 330 foot long block face along the W side of FOURTH ST from SEVENTEENTH AVE extending to EIGHTEENTH AVE shall be

Range Code in feet Section Regulation 0 - 25 2105.17 NO STOPPING ANYTIME 25 - 310 2105.17 NO PARKING 8AM - 2PM 2ND FRI APR 1 - NOV 1 FOR STREET CLEANING 310 - 330 2105.17 NO STOPPING ANYTIME The parking regulations on the 662 foot long block face along the E side of HURON AVE from BROAD ST extending to GRACE ST shall be

Range Code in feet Section Regulation 0 - 30 2105.17 NO STOPPING ANYTIME 30 - 144 2151.01 (STATUTORY RESTRICTIONS APPLY) 144 - 165 2105.17 NO STOPPING ANYTIME 165 - 177 (NAMELESS ALLEY) 177 - 662 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 300 foot long block face along the E side of LINWOOD AVE from KOSSUTH ST extending to COLUMBUS ST shall be

Range Code in feet Section Regulation 0 - 255 2151.01 (STATUTORY RESTRICTIONS APPLY) 255 - 300 2105.17 NO STOPPING ANYTIME The parking regulations on the 300 foot long block face along the W side of LINWOOD AVE from KOSSUTH ST extending to COLUMBUS ST shall be

Range Code in feet Section Regulation 0 - 129 2151.01 (STATUTORY RESTRICTIONS APPLY) 129 - 152 2105.03 HANDICAPPED PARKING ONLY 152 - 255 2151.01 (STATUTORY RESTRICTIONS APPLY) 255 - 300 2105.17 NO STOPPING ANYTIME The parking regulations on the 567 foot long block face along the N side of MELROSE AVE from INDIANOLA AVE extending to SUMMIT ST shall be

Range Code in feet Section Regulation 0 - 40 2105.17 NO STOPPING ANYTIME 40 - 131 2151.01 (STATUTORY RESTRICTIONS APPLY) 131 - 145 (NAMELESS ALLEY) 145 - 567 2151.01 (STATUTORY RESTRICTIONS APPLY)

Columbus City Bulletin (Publish Date 07/29/06) 393 of 408 The parking regulations on the 568 foot long block face along the S side of MIDGARD RD from INDIANOLA AVE extending to SUMMIT ST shall be

Range Code in feet Section Regulation 0 - 50 2105.17 NO STOPPING ANYTIME 50 - 133 2151.01 (STATUTORY RESTRICTIONS APPLY) 133 - 148 (NAMELESS ALLEY) 148 - 568 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 1240 foot long block face along the N side of PHALE D DALE DR from CHAMPION AVE extending to BURT ST shall be

Range Code in feet Section Regulation 0 - 838 2151.01 (STATUTORY RESTRICTIONS APPLY) 838 - 855 (NAMELESS ALLEY) 855 - 1240 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 424 foot long block face along the E side of RHOADS AVE from COLE ST extending to FULTON ST shall be

Range Code in feet Section Regulation 0 - 31 2151.01 (STATUTORY RESTRICTIONS APPLY) 31 - 47 (NAMELESS ALLEY) 47 - 424 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 563 foot long block face along the S side of SULLIVANT AVE from DAVIS AVE extending to GREEN ST shall be

Range Code in feet Section Regulation 0 - 53 2105.17 NO STOPPING ANYTIME 53 - 224 2151.01 (STATUTORY RESTRICTIONS APPLY) 224 - 247 2105.03 HANDICAPPED PARKING ONLY 247 - 310 2151.01 (STATUTORY RESTRICTIONS APPLY) 310 - 326 (NAMELESS ALLEY) 326 - 563 2151.01 (STATUTORY RESTRICTIONS APPLY)

Any existing traffic restrictions, prohibitions or traffic control devices which conflict with these orders shall be declared null and void and shall be removed.

BY ORDER OF: HENRY GUZMÁN, PUBLIC SERVICE DIRECTOR

Columbus City Bulletin (Publish Date 07/29/06) 394 of 408 PLACEMENT OF TRAFFIC CONTROL DEVICES AS RECOMMENDED BY THE TRANSPORTATION DIVISION EFFECTIVE DATE: JULY 10, 2006

Whereas, an emergency exists in the usual daily operation of the Department of Public Service, Transportation Division, in that certain traffic control devices must be authorized immediately in order to preserve the public health, peace, property, and safety; now, therefore,

Under the power vested in me by Chapters 2105 and 2155 of the Traffic Code of Columbus, Ohio, I hereby determine that based on studies conducted by and recommendations made by the Transportation Division, that the following traffic regulations are necessary and I hereby authorize on the effective date of this order, or as soon thereafter as practical, the installation and/or removal of appropriate traffic control devices as follows:

SECTION 2105.08 STOP AND YIELD INTERSECTIONS

Stop signs shall be installed at intersections as follows: WALL ST shall stop for HUBBARD AVE

Yield signs shall be installed at intersections as follows: ELLERDALE DR shall yield to ORMANTON DR VIOTIS DR shall yield to ANNETTE ST SECTION 2105.11 THROUGH TRUCKS

Through trucks shall be prohibited as follows: On BONUS DR between MATUKA DR and CHATTERTON RD On FALCON BRIDGE DR between MATUKA DR and CHATTERTON RD

PARKING REGULATIONS The parking regulations on the 500 foot long block face along the E side of BURGESS AVE from GRACE ST extending to STEELE ST shall be:

Range Code in feet Section Regulation 0 - 229 2151.01 (STATUTORY RESTRICTIONS APPLY) 229 - 252 2105.03 HANDICAPPED PARKING ONLY 252 - 357 2151.01 (STATUTORY RESTRICTIONS APPLY) 357 - 370 (NAMELESS ALLEY) 370 - 500 2151.01 (STATUTORY RESTRICTIONS APPLY)

Columbus City Bulletin (Publish Date 07/29/06) 395 of 408 The parking regulations on the 500 foot long block face along the W side of BURGESS AVE from GRACE ST extending to STEELE AVE shall be:

Range Code in feet Section Regulation 0 - 254 2151.01 (STATUTORY RESTRICTIONS APPLY) 254 - 277 2105.03 HANDICAPPED PARKING ONLY 277 - 349 2151.01 (STATUTORY RESTRICTIONS APPLY) 349 - 361 (NAMELESS ALLEY) 361 - 500 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 551 foot long block face along the W side of FALCON BRIDGE DR from MATUKA DR extending to CHATTERTON RD shall be:

Range Code in feet Section Regulation 0 - 551 2105.17 NO PARKING ANY TIME The parking regulations on the 465 foot long block face along the N side of INNIS AVE from PEARL ST extending to FOURTH ST shall be:

Range Code in feet Section Regulation 0 - 370 2151.01 (STATUTORY RESTRICTIONS APPLY) 370 - 393 2105.03 HANDICAPPED PARKING ONLY 393 - 430 2151.01 (STATUTORY RESTRICTIONS APPLY) 430 - 465 2105.17 NO STOPPING ANYTIME

The parking regulations on the 600 foot long block face along the S side of INNIS AVE from HIGH ST extending to FOURTH ST shall be:

Range Code in feet Section Regulation 0 - 130 2151.01 (STATUTORY RESTRICTIONS APPLY) 130 - 150 2105.03 HANDICAPPED PARKING ONLY 150 - 170 2105.17 NO STOPPING ANYTIME 170 - 182 (NAMELESS ALLEY) 182 - 274 2151.01 (STATUTORY RESTRICTIONS APPLY) 274 - 316 2105.03 HANDICAPPED PARKING ONLY 316 - 355 2151.01 (STATUTORY RESTRICTIONS APPLY) 355 - 378 2105.03 HANDICAPPED PARKING ONLY 378 - 568 2151.01 (STATUTORY RESTRICTIONS APPLY) 568 - 600 2105.17 NO STOPPING ANYTIME The parking regulations on the 788 foot long block face along the E side of TERRACE AVE from BROAD ST extending to GRACE ST shall be:

Range Code in feet Section Regulation 0 - 28 2105.17 NO STOPPING ANYTIME 28 - 141 2151.01 (STATUTORY RESTRICTIONS APPLY) 141 - 155 (NAMELESS ALLEY) 155 - 530 2151.01 (STATUTORY RESTRICTIONS APPLY) 530 - 553 2105.03 HANDICAPPED PARKING ONLY 553 - 788 2151.01 (STATUTORY RESTRICTIONS APPLY)

Columbus City Bulletin (Publish Date 07/29/06) 396 of 408 The parking regulations on the 788 foot long block face along the E side of TERRACE AVE from BROAD ST extending to GRACE ST shall be:

Range Code in feet Section Regulation 0 - 28 2105.17 NO STOPPING ANYTIME 28 - 141 2151.01 (STATUTORY RESTRICTIONS APPLY) 141 - 155 (NAMELESS ALLEY) 155 - 397 2151.01 (STATUTORY RESTRICTIONS APPLY) 397 - 420 2105.03 HANDICAPPED PARKING ONLY 420 - 530 2151.01 (STATUTORY RESTRICTIONS APPLY) 530 - 553 2105.03 HANDICAPPED PARKING ONLY 553 - 788 2151.01 (STATUTORY RESTRICTIONS APPLY)

The parking regulations on the 1039 foot long block face along the E side of WAYNE AVE from STEELE AVE extending to GLENVIEW BLVD shall be:

Range Code in feet Section Regulation 0 - 40 2105.17 NO STOPPING ANYTIME 40 - 445 2151.01 (STATUTORY RESTRICTIONS APPLY) 445 - 462 (NAMELESS ALLEY) 462 - 632 2151.01 (STATUTORY RESTRICTIONS APPLY) 632 - 655 2105.03 HANDICAPPED PARKING ONLY 655 - 867 2151.01 (STATUTORY RESTRICTIONS APPLY) 867 - 904 2105.17 NO STOPPING ANYTIME 904 - 995 2151.01 (STATUTORY RESTRICTIONS APPLY) 995 - 1039 2105.17 NO STOPPING ANYTIME

Any existing traffic restrictions, prohibitions or traffic control devices which conflict with these orders shall be declared null and void and shall be removed.

BY ORDER OF: HENRY GUZMÁN, PUBLIC SERVICE DIRECTOR

Columbus City Bulletin (Publish Date 07/29/06) 397 of 408

PLACEMENT OF TRAFFIC CONTROL DEVICES AS RECOMMENDED BY THE TRANSPORTATION DIVISION EFFECTIVE DATE: JULY 7, 2006

Whereas, an emergency exists in the usual daily operation of the Department of Public Service, Transportation Division, in that certain traffic control devices must be authorized immediately in order to preserve the public health, peace, property, and safety; now, therefore,

Under the power vested in me by Chapters 2105 and 2155 of the Traffic Code of Columbus, Ohio, I hereby determine that based on studies conducted by and recommendations made by the Transportation Division, that the following traffic regulations are necessary and I hereby authorize on the effective date of this order, or as soon thereafter as practical, the installation and/or removal of appropriate traffic control devices as follows:

SECTION 2105.08 STOP AND YIELD INTERSECTIONS

Stop signs shall be installed at intersections as follows: BECK ST shall stop for GRANT AVE

PARKING REGULATIONS

The parking regulations on the 860 foot long block face along the N side of BELLWOOD AVE from STANWOOD AVE extending to TERMINUS shall be

Range Code in feet Section Regulation 0 - 391 2151.01 (STATUTORY RESTRICTIONS APPLY) 391 - 414 2105.03 HANDICAPPED PARKING ONLY 414 - 820 2151.01 (STATUTORY RESTRICTIONS APPLY) 820 - 860 2105.17 NO STOPPING ANYTIME

Columbus City Bulletin (Publish Date 07/29/06) 398 of 408 The parking regulations on the 680 foot long block face along the N side of BLISS ST from JOYCE AVE extending to MANSFIELD AVE shall be

Range Code in feet Section Regulation 0 - 141 2105.17 NO PARKING ANY TIME 141 - 680 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 1115 foot long block face along the W side of BRICE RD from BROAD ST extending to MCCORMICK BLVD shall be

Range Code in feet Section Regulation 0 - 379 2151.01 NO PARKING ON BERM 379 - 1115 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 340 foot long block face along the W side of CALLENDER AVE from EASTWOOD AVE extending to LONG ST shall be

Range Code in feet Section Regulation 0 - 25 2105.17 NO STOPPING ANYTIME 25 - 119 2151.01 (STATUTORY RESTRICTIONS APPLY) 119 - 139 2105.03 HANDICAPPED PARKING ONLY 139 - 157 2105.17 NO STOPPING ANYTIME 157 - 172 (NAMELESS ALLEY) 172 - 315 2151.01 (STATUTORY RESTRICTIONS APPLY) 315 - 340 2105.17 NO STOPPING ANYTIME The parking regulations on the 364 foot long block face along the W side of DRESEN ST from TOMPKINS ST extending to HUDSON ST shall be

Range Code in feet Section Regulation 0 - 170 2151.01 (STATUTORY RESTRICTIONS APPLY) 170 - 190 2105.03 HANDICAPPED PARKING ONLY 190 - 210 2105.17 NO STOPPING ANYTIME 210 - 222 (NAMELESS ALLEY) 222 - 364 2105.17 NO STOPPING ANYTIME

Columbus City Bulletin (Publish Date 07/29/06) 399 of 408 The parking regulations on the 1033 foot long block face along the S side of FREBIS AVE from FOURTH ST extending to BRUCK ST shall be

Range Code in feet Section Regulation 0 - 229 2151.01 (STATUTORY RESTRICTIONS APPLY) 229 - 252 (NAMELESS ALLEY) 252 - 547 2151.01 (STATUTORY RESTRICTIONS APPLY) 547 - 570 2105.03 HANDICAPPED PARKING ONLY 570 - 611 2151.01 (STATUTORY RESTRICTIONS APPLY) 611 - 634 2105.03 HANDICAPPED PARKING ONLY 634 - 793 2151.01 (STATUTORY RESTRICTIONS APPLY) 793 - 816 2105.03 HANDICAPPED PARKING ONLY 816 - 1033 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 285 foot long block face along the S side of GREENWAY AVE S from SHERBOURNE DR extending to NELSON RD shall be

Range Code in feet Section Regulation 0 - 285 2105.17 NO STOPPING ANYTIME The parking regulations on the 720 foot long block face along the W side of HIAWATHA ST from WEBER RD extending to COMO AVE shall be

Range Code in feet Section Regulation 0 - 146 2151.01 (STATUTORY RESTRICTIONS APPLY) 146 - 160 (NAMELESS ALLEY) 160 - 242 2151.01 (STATUTORY RESTRICTIONS APPLY) 242 - 265 2105.03 HANDICAPPED PARKING ONLY 265 - 720 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 621 foot long block face along the N side of KENT ST from KIMBALL PL extending to MANSFIELD AVE shall be

Range Code in feet Section Regulation 0 - 119 2151.01 (STATUTORY RESTRICTIONS APPLY) 119 - 130 (NAMELESS ALLEY) 130 - 218 2151.01 (STATUTORY RESTRICTIONS APPLY) 218 - 270 2105.03 HANDICAPPED PARKING ONLY 270 - 410 2151.01 (STATUTORY RESTRICTIONS APPLY) 410 - 422 (NAMELESS ALLEY) 422 - 487 2151.01 (STATUTORY RESTRICTIONS APPLY) 487 - 497 (NAMELESS ALLEY) 497 - 621 2151.01 (STATUTORY RESTRICTIONS APPLY)

Columbus City Bulletin (Publish Date 07/29/06) 400 of 408 The parking regulations on the 1026 foot long block face along the N side of KING AVE from HUNTER AVE extending to HIGH ST shall be

Range Code in feet Section Regulation 0 - 90 2105.17 NO STOPPING ANYTIME 90 - 366 2151.01 (STATUTORY RESTRICTIONS APPLY) 366 - 381 2105.17 NO STOPPING ANYTIME 381 - 391 (NAMELESS ALLEY) 391 - 411 2105.17 NO STOPPING ANYTIME 411 - 775 2151.01 (STATUTORY RESTRICTIONS APPLY) 775 - 795 2105.17 NO STOPPING ANYTIME 795 - 806 (NAMELESS ALLEY) 806 - 1026 2105.17 NO STOPPING ANYTIME The parking regulations on the 200 foot long block face along the S side of LEAR ST from SIXTH ST extending to JAEGER ST shall be

Range Code in feet Section Regulation 0 - 200 2105.17 NO PARKING ANY TIME The parking regulations on the 468 foot long block face along the E side of LILLEY AVE from GAULT ST extending to KENT ST shall be

Range Code in feet Section Regulation 0 - 468 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 434 foot long block face along the S side of MARKISON AVE from HIGH ST extending to THIRD ST shall be

Range Code in feet Section Regulation 0 - 50 2105.17 NO STOPPING ANYTIME 50 - 157 2151.01 (STATUTORY RESTRICTIONS APPLY) 157 - 167 (NAMELESS ALLEY) 167 - 250 2151.01 (STATUTORY RESTRICTIONS APPLY) 250 - 262 (NAMELESS ALLEY) 262 - 434 2151.01 (STATUTORY RESTRICTIONS APPLY)

Columbus City Bulletin (Publish Date 07/29/06) 401 of 408 The parking regulations on the 344 foot long block face along the N side of MOLER ST from NINTEENTH ST extending to TERMINUS shall be

Range Code in feet Section Regulation 0 - 128 2151.01 (STATUTORY RESTRICTIONS APPLY) 128 - 151 (NAMELESS ALLEY) 151 - 299 2151.01 (STATUTORY RESTRICTIONS APPLY) 299 - 316 2105.03 HANDICAPPED PARKING ONLY 316 - 344 2105.17 NO STOPPING ANYTIME The parking regulations on the 672 foot long block face along the E side of OLENTANGY RIVER RD from NORTH BROADWAY extending to S.R. 315 SB ON/THOMAS LN shall be

Range Code in feet Section Regulation 0 - 672 2105.17 NO PARKING ANY TIME The parking regulations on the 1570 foot long block face along the N side of REFUGEE RD from NOE BIXBY RD extending to MAYWOOD RD shall be

Range Code in feet Section Regulation 0 - 306 2151.01 (STATUTORY RESTRICTIONS APPLY) 306 - 329 2105.03 HANDICAPPED PARKING ONLY 329 - 560 2151.01 (STATUTORY RESTRICTIONS APPLY) 560 - 1570 2105.17 NO PARKING ANY TIME The parking regulations on the 122 foot long block face along the S side of RICH ST from ZETTLER ST extending to YOUNG ST shall be

Range Code in feet Section Regulation 0 - 22 2105.17 NO STOPPING ANYTIME 22 - 107 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 22 - 107 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 107 - 122 2105.17 NO STOPPING ANYTIME The parking regulations on the 135 foot long block face along the S side of RICH ST from FOURTH ST extending to ZETTLER ST shall be

Range Code in feet Section Regulation 0 - 34 2105.17 NO STOPPING ANYTIME 34 - 117 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 34 - 117 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 117 - 135 2105.17 NO STOPPING ANYTIME

Columbus City Bulletin (Publish Date 07/29/06) 402 of 408 The parking regulations on the 203 foot long block face along the S side of RICH ST from YOUNG ST extending to FIFTH ST shall be

Range Code in feet Section Regulation 0 - 26 2105.17 NO STOPPING ANYTIME 26 - 71 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 26 - 71 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 71 - 202 2105.17 NO STOPPING ANYTIME The parking regulations on the 207 foot long block face along the S side of RICH ST from LAZELLE ST extending to FOURTH ST shall be

Range Code in feet Section Regulation 0 - 31 2105.17 NO STOPPING ANYTIME 31 - 122 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 31 - 122 2105.17 NO STOPPING 3AM - 7AM WEEKDAYS 122 - 168 2105.17 NO STOPPING 3AM - 7AM WEEKDAYS 122 - 168 2105.15 LOADING ZONE OTHER TIMES 168 - 207 2105.17 NO STOPPING ANYTIME The parking regulations on the 209 foot long block face along the S side of RICH ST from THIRD ST extending to LAZELLE ST shall be

Range Code in feet Section Regulation 0 - 29 2105.17 NO STOPPING ANYTIME 29 - 180 2105.17 NO STOPPING 3AM - 7AM WEEKDAYS 29 - 180 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 180 - 209 2105.17 NO STOPPING ANYTIME The parking regulations on the 439 foot long block face along the N side of RICH ST from THIRD ST extending to FOURTH ST shall be

Range Code in feet Section Regulation 0 - 31 2105.17 NO STOPPING ANYTIME 31 - 269 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 31 - 269 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 269 - 359 2105.17 NO STOPPING ANYTIME 359 - 439 2105.14 BUS STOP ONLY

Columbus City Bulletin (Publish Date 07/29/06) 403 of 408 The parking regulations on the 491 foot long block face along the N side of RICH ST from FOURTH ST extending to FIFTH ST shall be

Range Code in feet Section Regulation 0 - 47 2105.17 NO STOPPING ANYTIME 47 - 247 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 47 - 247 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 247 - 285 2105.17 NO STOPPING ANYTIME 285 - 327 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 285 - 327 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 327 - 366 2105.17 NO STOPPING ANYTIME 366 - 451 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 366 - 451 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 451 - 491 2105.17 NO STOPPING ANYTIME The parking regulations on the 888 foot long block face along the N side of RICH ST from FIFTH ST extending to GRANT ST shall be

Range Code in feet Section Regulation 0 - 103 2105.14 BUS STOP ONLY 103 - 169 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 103 - 169 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 169 - 242 2105.17 NO STOPPING ANYTIME 242 - 347 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 242 - 347 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 347 - 516 2105.17 NO STOPPING ANYTIME 516 - 566 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 516 - 566 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 566 - 660 2105.14 BUS STOP ONLY 660 - 702 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 660 - 702 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 702 - 819 2105.17 NO STOPPING ANYTIME 819 - 869 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 819 - 869 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 869 - 888 2105.17 NO STOPPING ANYTIME

Columbus City Bulletin (Publish Date 07/29/06) 404 of 408 The parking regulations on the 888 foot long block face along the S side of RICH ST from FIFTH ST extending to GRANT ST shall be

Range Code in feet Section Regulation 0 - 26 2105.17 NO STOPPING ANYTIME 26 - 195 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 26 - 195 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 195 - 234 2105.17 NO STOPPING ANYTIME 234 - 414 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 234 - 414 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 414 - 497 2105.17 NO STOPPING ANYTIME 497 - 847 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 497 - 847 2105.17 NO STOPPING 3AM - 6AM WEEKDAYS 847 - 888 2105.17 NO STOPPING ANYTIME The parking regulations on the 1089 foot long block face along the S side of RICH ST from GRANT AVE extending to WASHINGTON AVE shall be

Range Code in feet Section Regulation 0 - 34 2105.17 NO STOPPING ANYTIME 34 - 97 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 97 - 146 2105.17 NO STOPPING ANYTIME 146 - 778 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 778 - 801 2105.17 NO STOPPING ANYTIME 801 - 943 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 943 - 978 2105.17 NO STOPPING ANYTIME 978 - 1043 2155.03 12 HR PARKING METERS 6AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 1043 - 1089 2105.17 NO STOPPING ANYTIME The parking regulations on the 585 foot long block face along the S side of SIXTEENTH AVE from BROOKS AVE extending to LOUIS AVE shall be

Range Code in feet Section Regulation 0 - 585 2151.01 (STATUTORY RESTRICTIONS APPLY)

Columbus City Bulletin (Publish Date 07/29/06) 405 of 408 The parking regulations on the 437 foot long block face along the S side of TOWN ST from THIRD ST extending to FOURTH ST shall be

Range Code in feet Section Regulation 0 - 149 2105.17 NO STOPPING 3AM - 7AM WEEKDAYS 0 - 149 2105.15 LOADING ZONE OTHER TIMES 149 - 209 2105.17 NO STOPPING ANYTIME 209 - 253 2105.17 NO STOPPING 3AM - 7AM WEEKDAYS 209 - 253 2105.17 TAXI ZONE OTHER TIMES (CC - 591.25) 253 - 290 2105.17 NO STOPPING ANYTIME 290 - 360 2105.17 NO STOPPING 3AM - 7AM 4PM - 6PM WEEKDAYS 290 - 360 2105.17 2 HR PARKING METERS 8AM - 4PM EXCEPT SUNDAYS AND HOLIDAYS 360 - 396 2105.15 LOADING ZONE OTHER TIMES 360 - 396 2105.17 NO STOPPING 3AM - 7AM 4PM - 6PM WEEKDAYS 396 - 437 2105.17 NO STOPPING ANYTIME The parking regulations on the 494 foot long block face along the S side of TOWN ST from FOURTH ST extending to FIFTH ST shall be

Range Code in feet Section Regulation 0 - 133 2105.14 BUS STOP ONLY 133 - 456 2105.17 NO STOPPING 3AM - 7AM WEEKDAYS 133 - 456 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 456 - 494 2105.17 NO STOPPING ANYTIME The parking regulations on the 892 foot long block face along the S side of TOWN ST from FIFTH ST extending to GRANT ST shall be

Range Code in feet Section Regulation 0 - 25 2105.17 NO STOPPING ANYTIME 25 - 88 2105.17 NO STOPPING 3AM - 7AM WEEKDAYS 25 - 88 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 88 - 158 2105.17 NO STOPPING ANYTIME 158 - 629 2105.17 NO STOPPING 3AM - 7AM WEEKDAYS 158 - 629 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 629 - 676 2105.17 NO STOPPING ANYTIME 676 - 737 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 676 - 737 2105.17 NO STOPPING 3AM - 7AM WEEKDAYS 737 - 892 2105.17 NO STOPPING ANYTIME

Columbus City Bulletin (Publish Date 07/29/06) 406 of 408 The parking regulations on the 1091 foot long block face along the N side of TOWN ST from GRANT AVE extending to WASHINGTON AVE shall be

Range Code in feet Section Regulation 0 - 123 2105.14 BUS STOP ONLY 123 - 209 2105.17 NO STOPPING ANYTIME 209 - 298 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 298 - 372 2105.17 NO STOPPING ANYTIME 372 - 465 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 465 - 551 2105.17 NO STOPPING ANYTIME 551 - 894 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 894 - 963 2105.17 NO STOPPING ANYTIME 963 - 1091 2105.14 BUS STOP ONLY The parking regulations on the 1095 foot long block face along the S side of TOWN ST from GRANT AVE extending to WASHINGTON AVE shall be

Range Code in feet Section Regulation 0 - 136 2105.14 BUS STOP ONLY 136 - 330 2105.17 NO STOPPING ANYTIME 330 - 422 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 422 - 445 2105.15 NO PARKING LOADING ZONE 445 - 995 2155.03 2 HR PARKING METERS 8AM - 6PM EXCEPT SUNDAYS AND HOLIDAYS 995 - 1095 2105.14 BUS STOP ONLY The parking regulations on the 374 foot long block face along the W side of TWENTY - SECOND ST from COLUMBUS ST extending to FOREST ST shall be

Range Code in feet Section Regulation 0 - 43 2151.01 (STATUTORY RESTRICTIONS APPLY) 43 - 66 2105.03 HANDICAPPED PARKING ONLY 66 - 374 2151.01 (STATUTORY RESTRICTIONS APPLY) The parking regulations on the 310 foot long block face along the S side of WOODROW AVE from WASHINGTON AVE extending to GOETHE AVE shall be

Range Code in feet Section Regulation 0 - 30 2105.17 NO STOPPING ANYTIME 30 - 80 2105.17 NO PARKING ANY TIME 80 - 310 2151.01 (STATUTORY RESTRICTIONS APPLY)

Columbus City Bulletin (Publish Date 07/29/06) 407 of 408 Any existing traffic restrictions, prohibitions or traffic control devices which conflict with these orders shall be declared null and void and shall be removed.

BY ORDER OF: HENRY GUZMÁN, PUBLIC SERVICE DIRECTOR

Columbus City Bulletin (Publish Date 07/29/06) 408 of 408