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

February the Twenty-Third, Two Thousand and Eleven

The City Record is available online at Frank G. Jackson www.clevelandcitycouncil.org Mayor

Martin J. Sweeney Containing PAGE President of Council City Council 3 Patricia J. Britt The Calendar 3 City Clerk, Clerk of Council Board of Control 3 Ward Name Civil Service 4 1 Terrell H. Pruitt Board of Zoning Appeals 4 2 Zachary Reed Board of Building Standards 3 Joe Cimperman and Building Appeals 5 4 Kenneth L. Johnson Public Notice 7 5 Phyllis E. Cleveland Public Hearings 7 6 Mamie J. Mitchell City of Cleveland Bids 7 7 TJ Dow Adopted Resolutions 8 Jeffrey D. Johnson and Ordinances 8 9 Kevin Conwell Committee Meetings 37 Index 37 10 Eugene R. Miller 11 Michael D. Polensek 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Jay Westbrook 17 Dona Brady 18 Martin J. Sweeney 19 Martin J. Keane

Printed on Recycled Paper DIRECTORY OF CITY OFFICIALS CITY COUNCIL – LEGISLATIVE DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230 President of Council – Martin J. Sweeney DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street Ward Name Residence Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. 1 Terrell H. Pruitt 3877 East 189th Street 44122 Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive 2 Zachary Reed 3734 East 149th Street 44120 Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue 3 Joe Cimperman P.O. Box 91688 44101 Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street 4 Kenneth L. Johnson 2948 Hampton Road 44120 DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director 5 Phyllis E. Cleveland 2369 East 36th Street 44105 DIVISIONS: 6 Mamie J. Mitchell 12701 Shaker Boulevard, #712 44120 Administrative Services – Terrence Ross, Commissioner 7 TJ Dow 7715 Decker Avenue 44103 Fair Housing and Consumer Affairs Office – ______, Manager 8 Jeffrey D. Johnson 9024 Parkgate Avenue 44108 Neighborhood Development – ______, Commissioner 9 Kevin Conwell 10647 Ashbury Avenue 44106 Neighborhood Services – Louise V. Jackson, Commissioner 10 Eugene R. Miller 13615 Kelso Avenue 44110 DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500 11 Michael D. Polensek 17855 Brian Avenue 44119 DIVISIONS: 12 Anthony Brancatelli 6924 Ottawa Road 44105 Code Enforcement – Tyrone L. Johnson, Commissioner 13 Kevin J. Kelley 5904 Parkridge Avenue 44144 Construction Permitting – Timothy R. Wolosz, Commissioner 14 Brian J. Cummins 3104 Mapledale Avenue 44109 DEPT. OF PERSONNEL AND HUMAN RESOURCES – ______, Director, Room 121 15 Matthew Zone 1228 West 69th Street 44102 16 Jay Westbrook 1278 West 103rd Street 44102 DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210 17 Dona Brady 1272 West Boulevard 44102 DEPT. OF AGING – Jane Fumich, Director, Room 122 18 Martin J. Sweeney 3632 West 133rd Street 44111 COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director, Mayor Frank 19 Martin J. Keane 15907 Colletta Lane 44111 G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 Member Brian Cummins, Council Member Eugene R. Miller, Jeff Marks, (Board Lawyer), First Assistant Clerk — Sandra Franklin Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline MAYOR – Frank G. Jackson Hardaway, John O. Horton, Annie Key, Stephanie Morrison-Hrbek, Roland Muhammad, Ken Silliman, Secretary to the Mayor, Chief of Staff Gia Hoa Ryan, Ted C. Wammes, Peter Whitt. Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer CIVIL SERVICE COMMISSION – Room 119, Robert Bennett, President; Michael L. Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Nelson, Sr., Vice-President; Lucille Ambroz, Secretary; Members: Pastor Gregory Jordan, Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development Michael Flickinger. Monyka S. Price, Executive Assistant to the Mayor, Chief of Education SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin Maureen Harper, Executive Assistant to the Mayor, Chief of Communications J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; John Andrew Watterson, Executive Assistant to the Mayor, Chief of Sustainability Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, Jan Huber, Secretary. Natoya J. Walker Minor, Chief of Public Affairs — Interim Director of Equal Opportunity. BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. OFFICE OF CAPITAL PROJECTS – Jomarie Wasik, Director Denk, Chairman; ______, Arthur Saunders, Alternate Members – D. Cox, P. DIVISIONS: Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan. Architecture and Site Development – Robert Vilkas, Chief Architect, Manager BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President; Engineering and Construction — ______, Manager Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney. Real Estate — ______, Commissioner BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director DEPT. OF LAW – Robert J. Triozzi, Director, Barbara A. Langhenry, Chief Counsel, Robert J. Triozzi; Council Member Eugene R. Miller. Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities Room 106: Michael Ruffing, Law Librarian, Room 100 Director Barry A. Withers; Council President Martin J. Sweeney. DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J. Frank Badalamenti, Manager, Internal Audit Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean DIVISIONS: Pinkney, Norman Krumholz, Council Member Phyllis E. Cleveland. Accounts – Richard W. Sensenbrenner, Commissioner, Room 19 FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 Render, Genesis O. Brown. City Treasury – ______, Treasurer, Room 115 HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Financial Reporting and Control – James Gentile, Controller, Room 18 Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair David Perkowski, Joan Shaver Washington, Keith Sutton. Avenue Purchases and Supplies – James E. Hardy, Commissioner, Room 128 CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chair man; Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue Clint Martin, Mark Rivera. Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; Finance DEPT. OF PUBLIC UTILITIES – Barry A. Withers, Director, 1201 Lakeside Avenue Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin DIVISIONS: Kelley. Cleveland Public Power – Ivan Henderson, Commissioner POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel Street Lighting Bureau – ______, Acting Chief Whalen, Nancy Cronin, Elvin Vauss. Utilities Fiscal Control – Dennis Nichols, Commissioner CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair; Water – ______, Commissioner Laura M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, Water Pollution Control – Ollie Shaw, Commissioner Allan Dreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert DEPT. OF PORT CONTROL – Ricky D. Smith, Director, Cleveland Hopkins Keiser, Secretary. International Airport, 5300 Riverside Drive AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane DIVISIONS: Down ing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Robert Burke Lakefront Airport – Khalid Bahhur, Commissioner J. Triozzi. Cleveland Hopkins International Airport – Fred Szabo, Commissioner CLEVELAND MUNICIPAL COURT DEPT. OF PUBLIC WORKS – Michael Cox, Director JUSTICE CENTER – 1200 ONTARIO STREET OFFICES: Administration – John Laird, Manager JUDGE COURTROOM ASSIGNMENTS Special Events and Marketing – Tangee Johnson, Manager Judge Courtroom Presiding and Administrative Judge Ronald B. Adrine – Courtroom 15A DIVISIONS: Judge Marilyn B. Cassidy – Courtroom 12B Motor Vehicle Maintenance – Daniel A. Novak, Commissioner Judge Michelle Denise Earley – Courtroom 12C Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Emanuella Groves – Courtroom 14B Parking Facilities – Leigh Stevens, Commissioner Judge Anita Laster Mays – Courtroom 14C Property Management – Tom Nagle, Commissioner Judge Lynn McLaughlin-Murray – Courtroom 12A Recreation – Kim Johnson, Commissioner Judge Lauren C. Moore – Courtroom 14A Streets – ______, Commissioner Judge Charles L. Patton, Jr. – Courtroom 13D Traffic Engineering – Robert Mavec, Commissioner Judge Raymond L. Pianka (Housing Court Judge) – Courtroom 13B Waste Collection and Disposal – Ron Owens, Commissioner Judge Michael John Ryan – Courtroom 13A DEPT. OF PUBLIC HEALTH – Karen Butler, Interim Director, Mural Building, 75 Judge Angela R. Stokes – Courtroom 15C Erieview Plaza Judge Pauline H. Tarver – Courtroom 13C DIVISIONS: Judge Joseph J. Zone – Courtroom 14D Air Quality – Richard L. Nemeth, Commissioner Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Paul J. Environment – Willie Bess, Commissioner, Mural Building, 75 Erieview Plaza Mizerak – Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief Health – Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza Magistrate, Victor Perez – City Prosecutor The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 98 WEDNESDAY, FEBRUARY 23, 2011 No. 5072 CITY COUNCIL MONDAY, FEBRUARY 21, 2011

The City Record 1:30 P.M. — City Planning Com- sion of Water, Department of Public Published weekly by the City Clerk, mittee: Cleveland, Chair; Westbrook, Utilities; and Clerk of Council under authority Vice Chair; Brady, Conwell, Dow, Whereas, by its January 31, 2011 Keane, Zone. letter, Terrace Construction Compa- of the Charter of the ny, Inc. requested the City’s City of Cleveland The following Committees are approval for an additional sub-con- The City Record is available subject to the Call of the Chair: tractor; now, therefore, online at Be it resolved by the Board of www.clevelandcitycouncil.org Rules Committee: Sweeney, Chair; Control of the City of Cleveland that Address all communications to Cleveland, Keane, Polensek, Pruitt. the employment of the following PATRICIA J. BRITT Personnel and Operations Commit- additional subcontractor by Terrace tee: Westbrook, Chair; Conwell, K. Construction Company, Inc for the City Clerk, Clerk of Council above-mentioned public improve- 216 City Hall Johnson, Kelley, Mitchell, Sweeney, Zone. ment is approved: PERMANENT SCHEDULE Mayor’s Appointment Committee: Subcontractor Work STANDING COMMITTEES Dow, Chair; Cleveland, Kelley, Mil- Percentage ler, Sweeney. OF THE COUNCIL Otis Maintenance Company 2010-2013 $100,000.00 OFFICIAL PROCEEDINGS 3.345% MONDAY — Alternating CITY COUNCIL ______Yeas: Directors Triozzi, Withers, 9:30 A.M. — Public Parks, Proper- R. Smith, Cox, Acting Director But- ties, and Recreation Committee: K. NO MEETING ler, Director Flask, Acting Directors Johnson, Chair; Conwell, Vice Chair; Wilbur, Interim Director Walker- Brancatelli, Cimperman, Dow, Polen- Minor, Director Nichols, Fumich and sek, Reed. Rybka 9:30 A.M. — Health and Human THE CALENDAR Nays: None. Services Committee: Cimperman, Absent: Mayor Jackson and Direc- Chair; J. Johnson, Vice Chair; Con- The following measures will be on tor Dumas. well, Keane, Kelley, Reed, Zone. their final passage at the next meet- 11:00 A.M. — Public Service Com- ing: Resolution No. 55-11. mittee: Miller, Chair; Cummins, Vice NONE By Director Cox. Chair; Cleveland, Dow, K. Johnson, Be it resolved by the Board of Keane, Polensek, Pruitt, Sweeney. Control of the City of Cleveland that 11:00 A.M. — Legislation Commit- BOARD OF CONTROL the bid of Apex Construction and tee: Mitchell, Chair; K. Johnson, Management Co Inc., for the public Vice Chair; Brancatelli, Cimperman, improvement of the Lorain Road Cleveland, Reed, Sweeney. Streets Facility Radiant Heating February 16, 2011 Replacement for the Department of MONDAY Public Works, received on December The regular meeting of the Board 15, 2010, under the authority of Ordi- 2:00 P.M. — Finance Committee: of Control convened in the Mayor’s nance No. 1724-09, passed February Swee ney, Chair; Kelley, Vice Chair; office on Wednesday, February 16, 8, 2010, for a gross price for the Brady, Brancatelli, Cleveland, Keane, 2011, at 10:48 a.m. with Director Tri- improvement in the aggregate Miller, Mitchell, Polensek, Pruitt, ozzi presiding. amount of $57,890.00, for the Base Present: Directors Triozzi, With- Westbrook. Bid and Alternate 1, is affirmed and ers, R. Smith, Cox, Acting Director approved as the lowest responsible TUESDAY Butler, Director Flask, Acting Direc- bid, and the Director of Public tors Wilbur, Interim Director Walk- Works is authorized to enter into 9:30 A.M. — Community and Eco- er-Minor, Director Nichols, Fumich contract for the improvement with nomic Development Committee: Bran - and Rybka the bidder. catelli, Chair; Dow, Vice Chair; Cim- Absent: Mayor Jackson and Direc- Be it further resolved, by the perman, Cummins, J. Johnson, Miller, tor Dumas. Board of Control of the City of Pruitt, Westbrook, Zone. Others: James E. Hardy, Commis- Cleveland that the employment of 1:30 P.M. — Employment, Affir- sioner, Purchases and Supplies. the following subcontractors by mative Action and Training Com- Natoya Walker-Minor, Interim Apex Construction and Management mittee: Pruitt, Chair; Miller, Vice Director, Office of Equal Opportuni- Co. Inc. is approved: Chair; Cummins, J. Johnson, K. ty. Johnson, Mitchell, Westbrook. On motions, the following resolu- Subcontractor CSB/MBE/FBE tions were adopted, except as may Amount WEDNESDAY — Alternating be otherwise noted: Percentage

10:00 A.M. — Aviation and Trans- Resolution No. 54-11. Best Electric CSB/FBE portation Committee: Keane, Chair; By Director Withers. $ 8,090.00 Pruitt, Vice Chair; Cummins, J. John- Whereas, under the authority of 13.989% son, K. Johnson, Kelley, Mitchell. Ordinance No. 1541-09, passed by the 10:00 A.M. — Public Safety Com- Council of the City of Cleveland on Imperial Mechanical, Inc. CSB/FBE mittee: Conwell, Chair; Polensek, December 7, 2009, and Board of Con- $26,000.00 Vice Chair; Brady, Cleveland, Cum- trol Resolutions No. 148-10, adopted 44.913% mins, Dow, Miller, Mitchell, Zone. April 21, 2010, the Director of Pub- lic Utilities, entered into City Con- Commerce Plumbing WEDNESDAY — Alternating tract No. CT-2002-PI2010*28 with Ter- $ 8,815.00 race Construction Company, Inc. for 0.00% 1:30 P.M. — Public Utilities Com- the public improvement of cleaning mittee: Kelley, Chair; Brady, Vice and cement mortar lining of distri- Yeas: Directors Triozzi, Withers, Chair; Conwell, Cummins, Dow, Mil - bution mains in area 2010-B in the R. Smith, Cox, Acting Director But- ler, Polensek, Pruitt, Westbrook. amount of $2,989,421.05, for the Divi- ler, Director Flask, Acting Directors 221 4 The City Record February 23, 2011

Wilbur, Interim Director Walker- EXAMINATION RESULTS: Each REPORT OF THE BOARD Minor, Director Nichols, Fumich and applicant whether passing or failing Rybka will be notified of the results of the OF ZONING APPEALS Nays: None. examination as soon as the commis - Absent: Mayor Jackson and Direc- sion has graded the papers. There- tor Dumas. after, eligible lists will be estab- TUESDAY, FEBRUARY 22, 2011 lished which will consist of the Resolution No. 56-11. names of those candidates who have At the meeting of the Board of By Director Rush. been successful in all parts of the Zoning Appeals on Tuesday, Febru- Whereas, under the authority of examination. ary 22, 2011, the following appeals Ordinance No. 2076-76 passed October were heard by the Board. 25, 1976, the City is conducting a PHYSICAL EXAMINATION: All Land Reutilization Program accord- candidates for original entrance po - The following appeals were ing to the provisions of Chapter 5722 sitions who are successful in other Approved: of the Ohio Revised Code; and parts of the examinations must sub- Whereas, Section 183.024, Codified mit to a physical examination. Ordinances of Cleveland, Ohio, 1976, Calendar No. 11-7: Tow Truck Drivers authorizes the Commissioner of Pur- License ROBERT BENNETT, Douglas Lee Skaggs appealed chases and Supplies to acquire cer- President tain properties owned by the Depart- from the decision of the Commis- ment of Housing and Urban Devel- sioner of Assessments and Licenses to deny an application for a Tow opment (HUD) and Fannie Mae, SCHEDULE OF THE BOARD each for a price determined as Fair Truck Drivers License. Market Value, as part of the Land OF ZONING APPEALS Reutilization Program; and Calendar No. 10-227: 820 College Whereas, under the authority of Avenue Tom Leneghan appealed to add Section 183.024, the City has MONDAY, MARCH 7, 2011 acquired Permanent Parcel No. 117- live entertainment to an existing bar/tavern to remove parking 06-015, located at 1709 Wayside Road 9:30 A.M. from HUD; and spaces and convert to outdoor patio Whereas, Barbara S. Shuler and use in a General Retail Business Calendar No. 11-14: 1549 East 84th Manasha Alvarado (mother & District; subject to conditions. Street (Ward 7) daughter) have proposed to the City Susan Whatley, owner, appeals to to purchase the property for reha- The following appeal was Denied: bilitation and/or redevelopment; and erect 32 linear feet of 4 foot high chain link fence along the front set- Whereas, Section 183.024 autho- Calendar No. 11-5: Cleveland Police rizes the Commissioner of Purchas- back line of a 37' x 102' lot locat- ed in B1 Two-Family and D2 Multi- Department Citation 1935 Randall es and Supplies, when directed by Road the Director of Community Develop- Family Districts, where ornamental fence is required and the Board of Jeremy P. Ols appealed from Cita- ment, and with the prior written tion No. A 627184 issued by the consent of the Council member(s) in Zoning Appeals may, however, per- mit a chain link fence if the Board Cleveland Police Department on whose ward the property acquired October 10, 2010. from HUD or Fannie Mae to be sold determines that such fence is com- mon in the immediate vicinity of the is located, to convey the property to The following appeals were With- purchasers for the public purpose of subject property, as stated in Sec- drawn: rehabilitation and/or resale for con- tion 358.04(c)(1) of the Cleveland sideration established by the Board Codified Ordinances. of Control at not less than fair mar- Calendar No. 10-262: Appeal Zoning ket value; now, therefore, Calendar No. 11-15: 4243 Fulton Road Code Interpretation Be it resolved by the Board of (Ward 13) 1301 East 9th Street Control of the City of Cleveland that Memphis Fulton Association, Dave Clark, owner’s representa- under the authority of Section owner, and Lori Groff, lessee, appeal tive of the premises at 1301 East 9th 183.024, Codified Ordinances of under the authority of Section 76.6 Street, Cleveland, Ohio 44114, and Cleveland, Ohio, 1976, the considera- of the Charter of the City of Cleve- Dan Miller, tenant, by and through tion for the sale of Permanent Par- land and Section 329.02(d) of the their legal counsel appealed from cel No. 117-06-015 to Barbara J. Cleveland Codified Ordinances from the an administrative zoning inter- Shuler and Manasha Alvarado is a Notice of Violation issued by the pretation dated November 24, 2010. established as $375.00, which amount Cleveland Department of Building is determined to be not less than and Housing on January 19, 2011 Calendar No. 11-9: 1301 East 9th Street fair market value taking into and the determination that the Ohio Erieview Land Company, LLC, account such terms and conditions, Internet Café LLC located at 4243 owner, and Suede Nights, LLC, ten- restrictions and covenants as are Fulton Road is in violation of Sec- ant, appealed to establish use as a deemed necessary or appropriate. tion 327.02(c) of the Cleveland Cod- nightclub/bar with entertainment Yeas: Directors Triozzi, Withers, ified Ordinances. and dancing in a Semi-Industry Dis- R. Smith, Cox, Acting Director But- trict. ler, Director Flask, Acting Directors Calendar No. 11-17: 1611 Clark Avenue Wilbur, Interim Director Walker- (Ward 14) The following appeals were Dis- Minor, Director Nichols, Fumich and Daniel Seguin, owner, appeals to missed: Rybka change use from two dwelling units Nays: None. to a three family dwelling an exist- None. Absent: Mayor Jackson and Direc- ing residence located on a 41' x 140' tor Dumas. lot in a B1 Two-Family District; con- The following appeal was Post- trary to Section 337.03 and first poned: JEFFREY B. MARKS, allowed in a Multi-Family District; Secretary and pursuant to Section 355.04, a Calendar No. 11-10: 3662 East 108th maximum gross floor area of 7,200 Street postponed from March 28 to CIVIL SERVICE NOTICES square feet is required and 5,600 square feet is provided; interior side March 14, 2011. ______yards equal 2.10 feet contrary to 8 feet and the provisions in Section The following appeals heard by General Information the Board on February 14, 2011 were Application blanks and informa- 357.09 of the Cleveland Codified Ordinances adopted and approved on February tion, regarding minimum entrance 22, 2011. qualifications, scope of examination, and suggested reference materials Calendar No. 11-22: 3190 West 44th The following appeals were may be obtained at the office of the Street (Ward 14) Approved: Civil Service Commission, Room 119, John C. Gilliam, owner, appeals to City Hall, East 6th Street, and Lake- install a wheelchair ramp 44 linear side Avenue. feet on a 35' x 132' lot in a B1 Two- Calendar No. 10-265: 3301 Monroe Family District and the proposed Avenue Application blanks must be prop- ramp projects into the front yard Brandon Partners, owner, and erly filled out on the official form setback and it is not a permitted Scrap Processors of Ohio LLC, ten- prescribed by the Civil Service Com- yard encroachment according to Sec- ant, appealed to establish use as mission and filed at the office of the tion 357.13 of the Cleveland Codified recycling and storage of auto parts commission not later than the final Ordinances. and components materials in a Gen- closing date slated in the examina- eral Industry District; subject to tion announcement. Secretary conditions. 222 February 23, 2011 The City Record 5

Calendar No. 10-266: 13933 Lakewood Docket A-255-10. RIOR MAINTENANCE, dated March Heights Boulevard RE: Appeal of Wilson A. Leece II, 23, 2010 of the Director of the Campbell Properties Incorporated Owner of the MXD Mixed Uses – Department of Building and Hous- appealed for an addition to an exist- Multiple Uses In One Building Two ing, requiring compliance with the ing gas station/convenience store & One/half Story Masonry Codified Ordinances of the City of and a new canopy in a Local Retail Walls/Wood Floors Property located Cleveland and the Ohio Building Business District. on the premises known as 9840 Code (OBC). Lorain Avenue from a NOTICE OF Docket A-261-10 have been POST- Calendar No. 10-269: 2516 East 40th VIOLATION — EXTERIOR MAIN- PONED; to be rescheduled for March Street TENANCE, dated May 28, 2010 of the 02, 2011. Mt. Herman Baptist church Director of the Department of Build- appealed to erect a double faced dig- ing and Housing, requiring compli- * * * ital, message ground sign in a Local ance with the Codified Ordinances of the City of Cleveland and the Docket A-262-10. Retail Business District. Ohio Building Code (OBC). RE: Appeal of Raymond P. Mar- BE IT RESOLVED, a motion is in ciano, Owner of the One Dwelling Calendar No. 11-1: 10435 Clifton Boule- order at this time to find that the Unit Single-Family Residence Two vard Violation Notice was properly Story Masonry Property located on Ronald Marthaller appealed for a issued, noting the condition as the premises known as 2261 Chest- change of use from a store in a described by the inspector and the nut Hills Drive from a NOTICE OF mixed use building to a coffee shop photographs presented to the Board, VIOLATION — EXTERIOR MAIN- located n a One-Family District. the appeal is DENIED and the prop- TENANCE, dated March 31, 2010 of erty is REMANDED at this time to the Director of the Department of Secretary the Department of Building and Building and Housing, requiring Housing for supervision and any compliance with the Codified Ordi- required further action. Motion so in nances of the City of Cleveland and REPORT OF THE BOARD order. Motioned by Mr. Saunders and the Ohio Building Code (OBC). OF BUILDING STANDARDS seconded by Mr. Bradley. BE IT RESOLVED, a motion is in Yeas: Messrs. Denk, Saunders, Gal- order at this time to find that the AND BUILDING APPEALS lagher, Saab, Bradley. Nays: None. pressure white washing as shown in the photographs is acceptable; and * * * to grant the Appellant six (6) Re: Report of the Meeting of months in which to complete abate- February 16, 2011 Docket A-256-10. ment of the violations. The proper- RE: Appeal of Barbara Rosser, ty is REMANDED at this time to the As required by the provisions of Owner of Two Dwelling Units Two- Department of Building and Hous- Section 3103.20(2) of the Codified Family Residence Two & One/half ing for supervision and any required Ordinances of the City of Cleveland, Story Wood Frame/Siding/Masonry further action. Motion so in order. Ohio 1976, the following brief of Veneer Property located on the Motioned by Mr. Gallagher and sec- action of the subject meeting is premises known as 1139 East 145th onded by Mr. Bradley. given for publication in the City Street from a 30 DAY CONDEMNA- Yeas: Messrs. Denk, Saunders, Gal- Record: TION ORDER — MS, dated April 17, lagher, Saab, Bradley. Nays: None. 2008 of the Director of the Depart- * * * ment of Building and Housing, * * * requiring compliance with the Codi- Docket A-245-10. fied Ordinances of the City of Cleve- Docket A-263-10. land and the Ohio Building Code RE: Appeal of Derrick Carr, RE: Appeal of Leonard M. (OBC). Owner of the Two Dwelling Units Reinartz, Owner of the One BE IT RESOLVED, a motion is in Two-Family Residence Two & Dwelling Unit Single-Family Resi- order at this time to find that the One/half Story Frame Property dence Two & One/half Story Frame Violation Notice was properly Property located on the premises located on the premises known as issued, and to DENY the appeal known as 13629 Terminal Avenue 12414 Chesterfield Avenue from a request based on photographic evi- from a NOTICE OF VIOLATION — CONDEMNATION ORDER — MAIN dence and testimony from the Build- EXTERIOR MAINTENANCE, dated STRUCTURE, dated June 2, 2010 of ing Department and lack of atten- March 22, 2010 of the Director of the the Director of the Department of dance by the Appellant. The prop- Department of Building and Hous- Building and Housing, requiring erty is REMANDED at this time to ing, requiring compliance with the compliance with the Codified Ordi- the Department of Building and Codified Ordinances of the City of nances of the City of Cleveland and Housing for supervision and any the Ohio Building Code (OBC). required further action. Motion so in Cleveland and the Ohio Building Docket A-245-10 has been WITH- order. Motioned by Mr. Saunders and Code (OBC). DRAWN at the request of the Appel- seconded by Mr. Saab. Docket A-263-10 has been WITH- lant. Yeas: Messrs. Denk, Saunders, Gal- DRAWN at the request of the Appel- lagher, Saab, Bradley. Nays: None. lant. * * * * * * * * * Docket A-252-10. Docket A-264-10. RE: Appeal of Branden Powell, Docket A-260-10. RE: Appeal of Reginald Jolly, Owner of the One Dwelling Unit Sin- RE: Appeal of Christian Flores, Owner of the One Dwelling Unit Sin- gle-Family Residence Two & Owner of the Two Dwelling Units gle-Family Residence One & One/half Story Frame Property Two-Family Residence Two Story Frame Property located on the One/half Story Frame Property located on the premises known as located on the premises known as 3302 East 121st Street from a CON- premises known as 3179 West 111th Street from a NOTICE OF VIOLA- 3039 East 121st Street from a CON- DEMNATION ORDER — MAIN DEMNATION ORDER — MAIN STRUCTURE, dated March 24, 2010 TION — EXTERIOR MAINTE- NANCE, dated May 12, 2010 of the STRUCTURE, dated March 23, 2010 of the Director of the Department of of the Director of the Department of Building and Housing, requiring Director of the Department of Build- ing and Housing, requiring compli- Building and Housing, requiring compliance with the Codified Ordi- ance with the Codified Ordinances compliance with the Codified Ordi- nances of the City of Cleveland and of the City of Cleveland and the nances of the City of Cleveland and the Ohio Building Code (OBC). Ohio Building Code (OBC). the Ohio Building Code (OBC). BE IT RESOLVED, a motion is in Docket A-260-10 has been WITH- BE IT RESOLVED, a motion is in order at this time to grant the DRAWN at the request of the Appel- order at this time to grant the Appellant thirty (30) days in which lant. Appellant thirty (30) days in which to obtain all permits and six (6) to obtain all permits and three (3) months in which to complete abate- * * * months in which to complete abate- ment of all violations. The property ment of the violations. The proper- is REMANDED at this time to the Docket A-261-10. ty is REMANDED at this time to the Department of Building and Hous- RE: Appeal of Rouqukria M. Department of Building and Hous- ing for supervision and any required Roddy, Owner of the One Dwelling ing for supervision and any required further action. Motion so in order. Units Single-Family Residence Two further action. Motion so in order. Motioned by Mr. Bradley and sec- & One/half Story Frame Property Motioned by Mr. Saunders and sec- onded by Mr. Gallagher. located on the premises known as onded by Mr. Gallagher. Yeas: Messrs. Denk, Saunders, Gal- 3607 Archwood Street from a Yeas: Messrs. Denk, Saunders, Gal- lagher, Saab, Bradley. Nays: None. NOTICE OF VIOLATION — EXTE- lagher, Saab, Bradley. Nays: None. 223 6 The City Record February 23, 2011

Docket A-265-10. Code (OBC). Frame Property located on the RE: Appeal of Benson & Lisa Dun- BE IT RESOLVED, a motion is in premises known as 681 East 109th lap, Owners of the One Dwelling order at this time to grant the Street from a CONDEMNATION Unit Single-Family Residence Two Appellant six (6) months in which ORDER — MAIN STRUCTURE, & One/half Story Frame Property to complete abatement of the viola- dated March 26, 2010 of the Director located on the premises known as tions, noting that inspections can be of the Department of Building and 2099 West 105th Street from CON- made and the inspector is permitted Housing, requiring compliance with DEMNATION ORDER — MAIN to allow partial occupancy of the the Codified Ordinances of the City STRUCTURE, dated April 30, 2010 of premises, if the units are suitable. of Cleveland and the Ohio Building the Director of the Department of The property is REMANDED at this Code (OBC). Building and Housing, requiring time to the Department of Building BE IT RESOLVED, a motion is in compliance with the Codified Ordi- and Housing for supervision and order at this time to grant the nances of the City of Cleveland and any required further action. Motion Appellant thirty (30) days in which the Ohio Building Code (OBC). so in order. Motioned by Mr. Saun- to obtain all required permits and BE IT RESOLVED, a motion is in ders and seconded by Mr. Bradley. six (6) months in which to abate all order at this time to grant the Yeas: Messrs. Denk, Saunders, Gal- violations. The property is Appellant thirty (30) days in which lagher, Saab, Bradley. Nays: None. REMANDED at this time to the to obtain permits and six (6) months Department of Building and Hous- in which to abate the violations. * * * ing for supervision and any required The property is REMANDED at this further action. Motion so in order. time to the Department of Building Docket A-271-10. Motioned by Mr. Bradley and sec- and Housing for supervision and RE: Appeal of Cap Management, onded by Mr. Gallagher. any required further action. Motion LLC, Owner of the One Dwelling Yeas: Messrs. Denk, Saunders, Gal- so in order. Motioned by Mr. Gal- Unit Single-Family Residence Two lagher, Saab, Bradley. Nays: None. lagher and seconded by Mr. Saab. & One/half Story Frame Property Yeas: Messrs. Denk, Saunders, Gal- located on the premises known as * * * lagher, Saab, Bradley. Nays: None. 3340 East 126th Street from a CON- DEMNATION ORDER — MAIN Docket A-278-10. * * * STRUCTURE, dated March 23, 2010 RE: Appeal of Annette Campbell, of the Director of the Department of Owner of the One Dwelling Units Docket A-266-10. Building and Housing, requiring Single-Family Residence Two Story RE: Appeal of Christopher C. compliance with the Codified Ordi- Frame Property located on the Jones, Owner of the One Family nances of the City of Cleveland and premises known as 1391 East 187th Two & One/half Story Frame Prop- the Ohio Building Code (OBC). Street from a NOTICE OF VIOLA- erty located on the premises known BE IT RESOLVED, a motion is in TION — EXTERIOR MAINTE- as 10732 Gooding Avenue from a order at this time to grant the NANCE, dated June 23, 2010 of the CONDEMNATION ORDER — MAIN Appellant eight (8) months in which Director of the Department of Build- STRUCTURE, dated June 2, 2010 of to complete abatement of all viola- ing and Housing, requiring compli- the Director of the Department of tions, noting satisfactory progress ance with the Codified Ordinances Building and Housing, requiring to this date. The property is of the City of Cleveland and the compli-ance with the Codified Ordi- REMANDED at this time to the Ohio Building Code (OBC). nances of the City of Cleveland and Department of Building and Hous- BE IT RESOLVED, a motion is in the Ohio Building Code (OBC). ing for supervision and any required order at this time to grant the Docket A-266-10 has been WITH- further action. Motion so in order. Appellant six (6) months in which DRAWN at the request of the Appel- Motioned by Mr. Saab and seconded to complete abatement of the viola- lant. by Mr. Bradley. tions. The property is REMANDED Yeas: Messrs. Denk, Saunders, Gal- at this time to the Department of * * * lagher, Saab, Bradley. Nays: None. Building and Housing for supervi- sion and any required further Docket A-267-10. * * * action. Motion so in order. Motioned RE: Appeal of Brian Robinson, by Mr. Bradley and seconded by Mr. Owner of the Two Dwelling Units Docket A-275-10. Saab. Two-Family Residence Two & RE: Appeal of Jennifer Franklin, Yeas: Messrs. Denk, Saunders, Gal- One/half Story Frame Property Owner of the One Dwelling Unit Sin- lagher, Saab, Bradley. Nays: None. located on the premises known as gle-Family Residence Two & 2281 East 87th Street from a CON- One/half Story Frame Property and * * * DEMNATION ORDER — MAIN One Story Garage – Detached; Wood STRUCTURE & GARAGE, dated Frame located on the premises Docket A-279-10. June 28, 2010 of the Director of the known as 2292 East 89th Street from RE: Appeal of Cleveland RPM Department of Building and Hous- a CONDEMNATION ORDER — Management, LLC, Owner of the ing, requiring compliance with the MAIN STRUCTURE & GARAGE, Two Dwelling Units Two-Family Codified Ordinances of the City of dated May 25, 2010 of the Director Residence Two & One/half Story Cleveland and the Ohio Building of the Department of Building and Frame Property located on the Code (OBC). Housing, requiring compliance with premises known as 11403 Fairport BE IT RESOLVED, a motion is in the Codified Ordinances of the City Avenue from a CONDEMNATION order at this time to permit the of Cleveland and the Ohio Building ORDER — MAIN STRUCTURE, Appellant to reactivate the existing Code (OBC). dated April 15, 2010 of the Director permits, and require the additional Docket A-275-10 have been POST- of the Department of Building and permits be obtained within thirty PONED; to be rescheduled for March Housing, requiring compliance with (30) days and the violations be abat- 2, 2011. the Codified Ordinances of the City ed within six (6) months. The prop- of Cleveland and the Ohio Building erty is REMANDED at this time to * * * Code (OBC). the Department of Building and Docket A-279-10 have been POST- Housing for supervision and any Docket A-276-10. PONED; to be rescheduled for March required further action. Motion so in RE: Appeal of Clover Construction 02, 2011. order. Motioned by Mr. Saabs and C/O Neil T. Clough, Owner of the seconded by Mr. Bradley. Property located on the premises * * * Yeas: Messrs. Denk, Saunders, Gal- known as 2070 West 65th Street lagher, Saab, Bradley. Nays: None. from a FIRE DAMAGE, dated June Docket A-472-10. 14, 2010 of the Director of the RE: Appeal of John Brewer, * * * Department of Building and Hous- Owner of the One Dwelling Unit Sin- ing, requiring compliance with the gle-Family Residence Two & Docket A-268-10. Codified Ordinances of the City of One/half Story Frame Property RE: Appeal of Carmeka Robinson- Cleveland and the Ohio Building located on the premises known as Ashford, Owner of the Three-Family Code (OBC). 7114 Elton Avenue from a CON- Residence Two Story Masonry Docket A-276-10 have been POST- DEMNATION ORDER — MAIN Walls/Wood Floors Property located PONED; to be rescheduled for March STRUCTURE, dated March 22, 2010 on the premises known as 2228 East 02, 2011. of the Director of the Department of 83rd Street from a CONDEMNATION Building and Housing, requiring ORDER — MAIN STRUCTURE, * * * compliance with the Codified Ordi- dated June 07, 2010 of the Director nances of the City of Cleveland and of the Department of Building and Docket A-277-10. the Ohio Building Code (OBC). Housing, requiring compliance with RE: Appeal of Vonette Wesson, BE IT RESOLVED, a motion is in the Codified Ordinances of the City Owner of the One Dwelling Unit Sin- order at this time, based upon the of Cleveland and the Ohio Building gle-Family Residence Two Story evidence presented, which includes 224 February 23, 2011 The City Record 7 interior photographs that conflict A-241-10 — Doris Pollard Organ supplied for the purpose, all of with some of the comments in the A-242-10 — R.E.I. Enterprises which may be obtained at the office violation notice; but that the viola- A-246-10 — Kimyai J. Washington of the said Commissioner of Pur- tion notice was properly issued A-257-10 — Quest Property Man- chases and Supplies, but no bid will because the utilities were not oper- agement be considered unless delivered to able, therefore making it not habit- A-258-10 — Quest Property Man- the office of the said commissioner agement able; the testimony also finds that previous to 12:00 noon (Eastern the Appellant is not the present A-319-10 — Pope Construction Standard Time) on the date speci- owner based upon the testimony pre- A-325-10 — Joyce Boyd sented by the Appellant and subject A-331-10 — Joyce Boyd fied in the schedule. to presentation of the proper evi- A-429-10 — Wael Salem 187.10 Negotiated contracts; Notice dence to the fact that someone else A-5-11 — State of Ohio required in Advertisement for Bids. owns the building, the property is A-13-11 — Mark Tisdale Where invitations for bids are found to be at this time not habit- advertised, the following notice able but the Appellant is not oblig- Yeas: Messrs. Denk, Saunders, Gal- shall be included in the advertise- ed to repair it if he is no longer the lagher, Saab, Bradley. Nays: None. ment: “Pursuant to the MBE/FBE titled owner. The property is Code, each prime bidder, each minor- REMANDED at this time to the * * * ity business enterprise (“MBE”) and Department of Building and Hous- each female business enterprise ing for supervision and any required APPROVAL OF MINUTES: (“FBE”) must be certified before further action. Motion so in order. doing business with the City. There- Motioned by Mr. Saunders and sec- Separate motions were entered by fore, any prime contractor wishing onded by Mr. Gallagher. Mr. Bradley and seconded by Mr. to receive credit for using an MBE Yeas: Messrs. Denk, Saunders, Gal- Saunders for Approval and Adoption lagher, Saab, Bradley. Nays: None. of the Minutes as presented by the or FBE should ensure that applica- Secretary, subject to the Codified tions for certification as to MBE or * * * Ordinances of the City of Cleveland FBE status compliance with the and the Ohio Building Code (OBC): Code, affirmative action in employ- Docket A-15-11. ment and, if applicable, joint ven- RE: Appeal of Taryll T. Luster February 2, 2011 ture status, are submitted to the Of - C/O Academy Construction Co., fice of Equal Opportunity (“OEO”) Owner/Contractor of the Property Yeas: Messrs. Denk, Saunders, Gal- prior to the date of bid opening or located on the premises known as lagher, Saab, Bradley. Nays: None. submission of proposals or as speci - 17222 St. Clair Avenue from a fied by the Director. Failure to com- NOTICE OF VIOLATION — HVAC, * * * ply with the business enterprise dated November 10, 2010 of the code or with representations made Director of the Department of Build- JOSEPH F. DENK on these forms may result in can- ing and Housing, requiring compli- Chairman ance with the Codified Ordinances cellation of the contract or other of the City of Cleveland and the civil or criminal penalties.” Ohio Building Code (OBC). BE IT RESOLVED, a motion is in PUBLIC NOTICE WEDNESDAY, MARCH 30, 2011 order at this time to find that the Violation Notice was properly File No. 21-11 — Federal Services issued, the appeal request is REQUEST FOR PROPOSALS Station Building Improvements DENIED and the property at 17222 CLEVELAND CITY COUNCIL WBS No. H260-3, for the Division St. Clair Avenue is REMANDED to of Cleveland Hopkins International Request for Proposals for profes- the Department of Building and Airport, Department of Port Con- sional services to provide a software Housing for supervision and any trol, as authorized by Ordinance No. required further action. Motion so in solution and services necessary to update, customize, and implement 273-09, passed by the Council of the order. Motioned by Mr. Gallagher City of Cleveland, June 8, 2009. and seconded by Mr. Bradley. the City Council Website, and to cre- THERE WILL BE A NON-REFUND- Yeas: Messrs. Denk, Saunders, Gal- ate a City Council Intranet site. Pro- lagher, Saab, Bradley. Nays: None. posals due by February 25, 2011. ABLE FEE FOR PLANS AND The City Council website must pro- SPECIFICATIONS IN THE * * * vide clear and concise information AMOUNT OF FIFTY DOLLARS for citizens of Cleveland regarding ($50.00) IN THE FORM OF A EXTENSION OF TIME: the work of the Council, as well as CASHIER’S CHECK AND OR access to the various services of the MONEY ORDER ONLY (NO COM- Docket A-283-09 – Christine Harp- City of Cleveland and the City Coun- PANY CHECKS, NO CASH AND er C/O Brandon Harper – 1405 East cil. For more information and to see NO CREDIT CARDS WILL BE the Request for Proposals, go to 115th Street: ACCEPTED). A motion is in order at this time www.clevelandcitycouncil.org or call (216) 664-4466. THERE WILL BE A MANDATORY to grant the Appellant an addition- PRE-BID MEETING FRIDAY, al four (4) months in which to com- FEBRUARY 25, 2011 AT 10:00 plete abatement of the violations, A.M. CLEVELAND HOPKINS and additional time beyond that January 26, 2011, February 2, 2011, Feb- INTERNATIONAL AIRPORT, with good progress. The property is ruary 9, 2011, February 16, 2011 and REMANDED at this time to the February 23, 2011 ENGINEERING BUILDING, 19501 Department of Building and Hous- FIVE POINTS ROAD, CLEVE- ing for supervision and any required LAND, OHIO 44114. further action. Motion so in order. NOTICE OF PUBLIC HEARING THE CITY OF CLEVELAND WILL Motioned by Mr. Bradley and sec- NOT CONSIDER THE BID OF onded by Mr. Saunders. ANYONE WHO DOES NOT AT - Yeas: Messrs. Denk, Saunders, Gal- TEND A MANDATORY PRE-BID lagher, Saab, Bradley. Nays: None. NONE CONFERENCE.

* * * CITY OF CLEVELAND BIDS February 16, 2011 and February 23, 2011 APPROVAL OF RESOLUTIONS: FRIDAY, MARCH 11, 2011 Separate motions were entered by Mr. Bradley and seconded by Mr. For All Departments File No. 23-11 — Rehabilitation and Saab for Approval and Adoption of Replacing The Lee Area Sewer the Resolutions as presented by the Sealed bids will be received at the System, for the Division of Water Secretary for the following Dockets office of the Commissioner of Pur- Pollution Control, Department of respectively, subject to the Codified chases and Supplies, Room 128, City Public Utilities, as authorized by Ordinances of the City of Cleveland and the Ohio Building Code (OBC): Hall, in accordance with the append- Ordinance No. 397-09, passed by the ed schedule, and will be opened and Council of the City of Cleveland, A-237-10 — Creditus Lending, L.P. read in Room 128, City Hall, imme- June 5, 2009. A-239-10 — Ohio Redevelopment diately thereafter. THERE WILL BE A NON-REFUND- Group Each bid must be made in accor- ABLE FEE FOR PLANS AND A-240-10 — Ohio Redevelopment dance with the specifications and SPECIFICATIONS IN THE Group must be submitted on the blanks AMOUNT OF FIFTY DOLLARS 225 8 The City Record February 23, 2011

($50.00) IN THE FORM OF A feet above sea level (NAVD 29) and 43,941 Square Feet of land according CASHIER’S CHECK AND OR an upper horizontal plane, said plane to a survey made by Thomas J. Neff, MONEY ORDER ONLY (NO COM- being also the top of slab of the exist- Jr. Registered Surveyor No. 7065-Ohio PANY CHECKS, NO CASH AND ing lower exhibit hall at elevation in November of 2010. NO CREDIT CARDS WILL BE 643.30 feet above sea level (NAVD 29), Be the same more or less, but sub- ACCEPTED). the Center 63.00 feet that lies between ject to all legal highways and ease- THERE WILL BE A MANDATORY a lower horizontal plane, said plane ments of record PRE-BID MEETING THURSDAY, being also beneath the bottom of mat foundation of the existing lower Partial Vacation 2 MARCH 3, 2011 AT 10:00 A.M. exhibit hall at elevation 608.50 feet Situated in the City of Cleveland, THE DIVISION OF WATER POL- above sea level (NAVD 29) and an County of Cuyahoga, State of Ohio LUTION CONTROL, 12302 KIRBY upper horizontal plane, said plane and known as being part of Lakeside AVENUE, CLEVELAND, OHIO being also the ceiling of the existing Avenue N.E. (99 feet wide) and is fur- 44108. lower exhibit hall at elevation 636.00 ther bounded and described as fol- THE CITY OF CLEVELAND WILL feet above sea level (NAVD 29) and lows: NOT CONSIDER THE BID OF the Southerly 20.57 feet that lies Beginning at a stone monument ANYONE WHO DOES NOT AT - between a lower horizontal plane, found at the intersection of the center TEND A MANDATORY PRE-BID said plane being also beneath the bot- line of Lakeside Avenue N.E. (99 feet CONFERENCE. tom of mat foundation of the existing wide) with the center line of Ontario lower exhibit hall at elevation 608.50 Street (99 feet wide). Thence North feet above sea level (NAVD 29) and 55°52'41" East, along said center line February 23, 2011 and March 2, 2011 an upper horizontal plane, said plane of Lakeside Avenue N.E., a distance being also the top of slab of the pro- of 49.50 feet. Thence South 34°03'06" WEDNESDAY, MARCH 16, 2011 posed lower exhibit hall at elevation East, a distance of 49.50 feet to the 644.00 feet tapering to 645.00 feet intersection of the Southeasterly File No. 22-11 — Greenspace at Zone above sea level (NAVD 29) based on right of way line of said Lakeside Recreation Center, for the Division National Geodetic Survey Datum, the Avenue N.E. with the Northeasterly of Architecture and Site Develop- lateral limits being bounded and right of way line of said Ontario ment, Department of Public Works, described as follows: Street. Thence North 55°52'41" East, as authorized by Ordinance No. 607- Beginning at a stone monument along said Southeasterly right of way 10, passed by the Council of the found at the intersection of the center line of Lakeside Avenue N.E., a dis- City of Cleveland, June 11, 2010. line of Lakeside Avenue N.E. (99 feet tance of 406.97 feet to the principal THERE WILL BE A NON-REFUND- wide) with the center line of Ontario place of beginning of the land herein ABLE FEE FOR PLANS AND Street (99 feet wide); thence North described; SPECIFICATIONS IN THE 55°52'41" East, along said center line AMOUNT OF FIFTY DOLLARS of Lakeside Avenue N.E., a distance Course 1 ($50.00) IN THE FORM OF A of 322.70 feet to a surface elevation of Thence North 34°07'19" West, a dis- CASHIER’S CHECK AND OR 645.81 feet; thence descending verti- tance of 17.00 feet; MONEY ORDER ONLY (NO COM- cally, along the locus of a point, a dis- PANY CHECKS, NO CASH AND tance of 9.81 feet to a point in the Course 2 NO CREDIT CARDS WILL BE upper horizontal plane of the Center Thence North 55°52'41" East, paral- ACCEPTED). section at elevation 636.00 feet and lel with said Southeasterly right of THERE WILL BE A NON-MANDA- the principal place of beginning of way line of Lakeside Avenue N.E., a the land herein described; TORY PRE-BID MEETING distance of 267.00 feet; THURSDAY, MARCH 3, 2011 AT Course 1 Course 3 10:00 A.M. CLEVELAND CITY Thence North 34°07'19" West, a dis- HALL, ROOM 517A, 601 LAKE- Thence South 34°07'19" East, a dis- tance of 49.50 feet to the Northwester- tance of 17.00 feet to said Southeaster- SIDE AVENUE, CLEVELAND, ly right of way line of said Lakeside OHIO 44114. ly right of way line of Lakeside Avenue N.E.; Avenue N.E.; Course 2 February 23, 2011 and March 2, 2011 Course 4 Thence North 55°52'41" East, along Thence South 55°52'41" West, said Northwesterly right of way line along said Southeasterly right of way of Lakeside Avenue N.E., a distance line of Lakeside Avenue N.E., a dis- ADOPTED RESOLUTIONS of 489.70 feet; tance of 267.00 feet to the principal AND ORDINANCES place of beginning and containing Course 3 0.1042 Acres (4,539 Square Feet) of Thence South 34°07'19" East, a dis- land according to a survey made by tance of 99.00 feet to the Southeaster- Thomas J. Neff, Jr. Registered Sur- Res. No. 205-11. ly right of way line of said Lakeside veyor No. 7065-Ohio in November of By Council Member Cimperman, Avenue N.E.; 2010. Miller, Cleveland and Sweeney (by Be the same more or less, but sub- request). Course 4 ject to all legal highways and ease- An emergency resolution declaring Thence South 55°52'41" West, ments of record. along said Southeasterly right of way the intent to vacate a portion of Lake- Legal Description approved by side Avenue N.E. line of Lakeside Avenue N.E., a dis- Greg Esber, Section Chief, Plats, Sur- Whereas, this Council is satisfied tance of 88.99 feet; veys and House Numbering Section. that there is good cause to vacate a Section 2. That this resolution is portion of Lakeside Avenue, as Course 5 Thence North 34°07'19" declared to be an emergency measure described; and West, a distance of 17.00 feet; Whereas, this resolution consti- and, provided it receives the affirma- tive vote of two-thirds of all the mem- tutes an emergency measure provid- Course 6 bers elected to Council, it shall take ing for the usual daily operation of a Thence South 55°52'41" West, par- effect and be in force immediately municipal department; now, there- allel with said Southeasterly right of upon its adoption and approval by the fore, way line of Lakeside Avenue N.E., a Mayor; otherwise it shall take effect Be it resolved by the Council of the distance of 267.00 feet; City of Cleveland: and be in force from and after the ear- liest period allowed by law. Section 1. That this Council Course 7 declares its intent to vacate a portion Thence South 34°07'19" East, a dis- Adopted February 14, 2011. of the following described real prop- tance of 17.00 feet to said Southeaster- Effective February 14, 2011. erty: ly right of way line of Lakeside Avenue N.E.; Partial Vacation 1 Situated in the City of Cleveland, Course 8 Res. No. 209-11. County of Cuyahoga, State of Ohio Thence South 55°52'41" West, By Council Members J. Johnson, and known as being part of Lakeside along said Southeasterly right of way Dow and Cimperman. Avenue N.E. (99 feet wide) and being line of Lakeside Avenue N.E., a dis- An emergency resolution urging further known as all that space of the tance of 133.71 feet; Governor John Kasich and the Ohio Northerly 15.43 feet that lies between General Assembly to amend Section a lower horizontal plane, said plane Course 9 2743.60 of the Revised Code (Ohio Vic- being also beneath the bottom of sec- Thence North 34°07'19" West, a dis- tims Compensation Fund) to allow a ondary utility trench of the existing tance of 49.50 feet to the principal claimant to receive an award of repa- lower exhibit hall at elevation 605.50 place of beginning and containing rations regardless of whether the 226 February 23, 2011 The City Record 9 innocent victim or the innocent begin to consider and approve a bien- Whereas, this resolution consti- claimant was convicted of a felony nium budget for fiscal years 2012- tutes an emergency measure for the offense within 10 years before the 2013; and immediate preservation of public crime. Whereas, without revenue increas- peace, property, health or safety, now, Whereas, the Ohio Revised Code es, this means that one out of every therefore, allows for a victim of “criminally six dollars that has previously been Be it resolved by the Council of the injurious conduct” or the victim’s fam- appropriated for Ohio’s needs will City of Cleveland: ily to receive reparations, or compen- have to be cut; and Section 1. That objection to a D5 satory payments for certain expenses Whereas, such cuts will detrimen- and D6 Liquor Permit to DPG Lounge, that are resultant of the crime; and tally affect Cleveland and Cleve- LLC, 18414-16 St. Clair Avenue, Cleve- Whereas, the Revised Code further landers, including anticipated cuts to land, Ohio 44110, Permanent Number allows for denial of a compensation public education, higher education, 2296200 be and the same is hereby claim if the innocent victim of the the local government fund, child care, withdrawn and Resolution No. 1068- criminal misconduct, or the innocent elderly services, health care, mental 10, containing such objection, be and member of the victim’s family mak- health services, public transporta- the same is hereby repealed and that ing the claim, has been convicted of a tion, library services, public safety, this Council consents to the immedi- felony offense within the 10 years pre- and other critical needs; and ate renewal thereof. vious to the crime for which compen- Whereas, in this economic climate Section 2. That this resolution is sation is sought; and with Ohio having a 9.6% unemploy- hereby declared to be an emergency Whereas, this Council believes that ment rate, and millions of others measure and provided it receives the this discriminates against ex-offend- struggling to make it day to day, we affirmative vote of two-thirds of all ers who have turned, or are attempt- cannot afford to decrease and elimi- the members elected to Council, it ing to turn, their lives around; and nate services that will reduce and shall take effect and be in force imme- Whereas, the Governor and the diminish the opportunities for Ohio diately upon its adoption and Ohio General Assembly are asked to citizens to move forward productively approval by the Mayor; otherwise, it amend this law so that compensation with their lives; and shall take effect and be in force from is distributed fairly to all victims, Whereas, to protect critical ser- and after the earliest period allowed regardless of whether they have com- vices, potential areas to be examined by law. mitted past crimes; and for revenue enhancements include Adopted February 14, 2011. Whereas, the recent denial by the closing the billions of dollars in tax Effective February 18, 2011. Ohio Victims Compensation Fund of loopholes, reinstatement of a 7.5% compensation to families represent- income-tax rate for those making ing victims who were ex-offenders over $201,800, and the strengthening and who were killed on Imperial of corporate taxes; and Ord. No. 128-11. Avenue (aka Imperial Avenue mur- Whereas, this resolution consti- By Council Member Sweeney (by ders) was especially unfair and insen- tutes an emergency measure for the departmental request). sitive; and immediate preservation of public An emergency ordinance authoriz- Whereas, this resolution consti- peace, property, health or safety, now, ing the issuance and sale of bonds in tutes an emergency measure provid- therefore, the maximum principal amount of ing for the usual daily operation of a Be it resolved by the Council of the $750,000 for the purpose of providing municipal department; now, there- City of Cleveland: funds to improve municipal cemetery fore, Section 1. That this Council urges facilities, buildings, structures and Be it resolved by the Council of the Governor Kasich and the Ohio Gener- grounds and authorizing related mat- City of Cleveland: al Assembly to pass a budget that pro- ters. Section 1. That this Council urges tects funding health, education, Whereas, this Council desires to Governor John Kasich and the Ohio human services and other critical issue bonds in an aggregate principal General Assembly to amend Section needs in the Ohio State 2012-2013 bien- amount not to exceed Seven Hundred 2743.60 of the Revised Code (Ohio Vic- nium budget through a balanced Fifty Thousand Dollars ($750,000) tims Compensation Fund) to allow a approach of long term funding and (the “Bonds”) to finance the costs of claimant to receive an award of repa- revenue increases. certain permanent improvements rations regardless of whether the Section 2. That the Clerk of Council described in Section 1 of this ordi- innocent victim or the innocent is hereby directed to transmit copies nance (this “Ordinance”); and claimant was convicted of a felony of this resolution to the Ohio General Whereas, the Director of Finance, offense within 10 years before the Assembly, the Speaker of the Ohio as fiscal officer of this City, has pre- crime. viously certified to this Council that House of Representatives, the Ohio Section 2. That the Clerk of Council the estimated life or usefulness of the Senate President, all Cleveland-area is hereby directed to transmit copies improvements to be financed with the of this resolution to Governor John General Assembly members, and Gov- proceeds of the Bonds is at least five Kasich and all members of the Ohio ernor Kasich. years and that the maximum maturi- General Assembly. Section 3. That this resolution is ty of the Bonds is 20 years, as evi- Section 3. That this resolution is hereby declared to be an emergency denced by the Certificate contained in hereby declared to be an emergency measure and, provided it receives the File No. 128-11-A; and measure and, provided it receives the affirmative vote of two-thirds of all Whereas, this Council passed Ordi- affirmative vote of two-thirds of all the members elected to Council, it nance No. 1749-80 on October 8, 1980, the members elected to Council, it shall take effect and be in force imme- and thereafter amended that ordi- shall take effect and be in force imme- diately upon its adoption and nance by Ordinance No. 1112-83, diately upon its adoption and approval by the Mayor; otherwise it passed May 6, 1983, and Ordinance No. approval by the Mayor; otherwise it shall take effect and be in force from 944-96, passed June 10, 1996 (Ordi- shall take effect and be in force from and after the earliest period allowed nance No. 1749-80, as so amended and and after the earliest period allowed by law. as the same may further be amended by law. Adopted February 14, 2011. from time to time in accordance with Adopted February 14, 2011. Effective February 18, 2011. its provisions, is referred to as the Effective February 14, 2011. “General Bond Ordinance”), provid- ing the general terms and provisions for the issuance of unvoted general obligations of the City, with the spe- Res. No. 217-11. cific terms of each series of Bonds to By Council Member Polensek. Res. No. 211-11. be contained in ordinances authoriz- An emergency resolution with- By Council Members Cimperman ing the issuance of Bonds in accor- and Westbrook. drawing objection to the renewal of a dance with the provisions thereof An emergency resolution urging D5 and D6 Liquor Permit at 18414-16 (the “Series Bond Ordinances”); and Governor Kasich and the Ohio Gener- St. Clair Avenue, and repealing Reso- Whereas, the authorization for al Assembly to pass a budget that pro- lution No. 1068-10, objecting to said issuance of the Bonds is necessary to tects funding health, education, renewal. provide funds to pay the costs of cer- human services and other critical Whereas, this Council objected to a tain permanent improvements needs in the Ohio State 2012-2013 bien- D5 and D6 Liquor Permit to DPG described in Section 1 hereof that are nium budget through a balanced Lounge, LLC, 18414-17 St. Clair urgently needed for the benefit of the approach of long term funding and Avenue, Cleveland, Ohio 44110 by Res- City, and as a result, this Ordinance revenue increases. olution No. 1068-10 adopted by the constitutes an emergency measure Whereas, as a result of the tax cuts Council on August 18, 2010; and providing for the immediate preserva- begun in 2005 and a weak Ohio econo- Whereas, this Council wishes to tion of the public peace, property, my, Ohio is currently facing at least withdraw its objection to the above health and safety, and for the usual an eight billion dollar deficit as the renewal and consents to said renewal; daily operation of a municipal depart- Governor and General Assembly and ment; now, therefore, 227 10 The City Record February 23, 2011

Be it ordained by the Council of the by the Director of Finance and speci- reduced. A credit against the then- City of Cleveland: fied in the Certificate of Award, based current Mandatory Sinking Fund Section 1. Purpose. on the written advice of a Financial Redemption Requirement (and corre- It is deemed necessary to issue the Advisor to be in the best interests of sponding mandatory redemption Bonds in an aggregate principal the City, provided that (i) each prin- obligation) also shall be received by amount not to exceed Seven Hundred cipal payment shall occur on an Inter- the City for any Term Bonds that Fifty Thousand Dollars ($750,000) for est Payment Date, (ii) the first prin- prior thereto have been redeemed the purpose of providing funds to cipal payment on the Bonds shall be (other than through the operation of improve municipal cemetery facili- no earlier than November 15, 2011 and the Mandatory Sinking Fund ties, buildings, structures and no later than December 31, 2013, (iii) Redemption Requirements) or pur- grounds by constructing, reconstruct- the final maturity date of the Bonds chased for cancellation and cancelled ing, installing, enlarging, renovating, shall be no later than 20 years from by the Registrar, to the extent not and rehabilitating buildings, struc- that date which is 12 months prior to applied theretofore as a credit tures and grounds, including clear- the first date on which provision for against any mandatory redemption ing, grading and excavating land, payment of principal is made, and obligation. reconstructing, installing, renovat- (iv) the principal amount thereof Each Term Bond so delivered, or ing, and rehabilitating septic system, shall be payable in annual install- previously redeemed, or purchased drainage and sewer facilities, ments such that the total principal and cancelled, shall be credited by the installing access roadways including and interest payments on the Bonds Escrow Agent at 100% of the princi- any necessary bridges and culverts, in any fiscal year in which principal pal amount thereof against the then- installing utility lines, laying out and is payable is not more than three current Mandatory Sinking Fund numbering burial plots, constructing times the amount of those payments Redemption Requirement (and corre- and reconstructing retaining walls, in any other fiscal year. sponding mandatory redemption gates and fences, acquiring and The Bonds stated to mature in any obligation). Any excess of that installing fences, gates, signage, year may be issued as term bonds (the amount over the then-current Manda- waste receptacles and other fixtures, “Term Bonds”), payable pursuant to tory Sinking Fund Redemption and planting and landscaping, togeth- Mandatory Sinking Fund Redemption Requirement shall be credited er with all necessary and incidental Requirements as defined and further against subsequent Mandatory Sink- appurtenances and the acquisition of described below. The Director of ing Fund Redemption Requirements any required real estate and interests Finance shall determine in the Cer- (and corresponding mandatory in real estate, and to pay any capital- tificate of Award whether any of the redemption obligations) in the order ized interest and all expenses Bonds shall be issued as Term Bonds, directed by the Director of Finance. incurred in connection with the any dates (the “Mandatory Redemp- (b) Optional Redemption. The issuance of the securities, including tion Dates”) on which the principal Bonds may be subject to redemption all financing costs within the mean- amount of the Term Bonds shall be prior to maturity by and at the option ing of Section 133.01(K) of the Ohio payable pursuant to mandatory sink- of the City, in whole or in part on any Revised Code and such other costs of ing fund installments rather than at date, in integral multiples of $5,000, the foregoing permanent improve- stated maturity and the amount of on the optional redemption dates and ments that may be financed with the principal to be paid on each Mandato- at the redemption prices (expressed proceeds of securities as permitted by ry Redemption Date (the “Mandatory as a percentage of the principal Section 133.15(B) of the Ohio Revised Sinking Fund Redemption Require- amount redeemed) specified in the Code and as otherwise permitted by ments”). Certificate of Award, plus, in each law. The Bonds shall be subject to case, accrued interest to the redemp- Section 2. Authority and Terms. redemption or purchase prior to stat- tion date. The first optional redemp- The Bonds shall be issued pursuant ed maturity as follows: tion date shall not be later than ten to the provisions of Article XVIII of (a) Mandatory Sinking Fund years from the first Interest Payment the Constitution of Ohio, Chapter 133 Redemption. If any of the Bonds are Date, and the highest redemption of the Ohio Revised Code and other issued as Term Bonds, the Term price shall not be greater than 102% applicable provisions of the Ohio Bonds shall be subject to mandatory of the principal amount redeemed Revised Code, the Charter of the City, sinking fund redemption and be plus accrued interest to the redemp- the General Bond Ordinance and this redeemed pursuant to Mandatory tion date. Based on the written advice Ordinance for the purpose stated in Sinking Fund Redemption Require- of a financial advisor, the Director of Section 1 hereof. The Bonds shall be ments, at a redemption price of 100% Finance may determine in the Certifi- designated “Cemeteries Improvement of the principal amount redeemed, cate of Award that it is in the best Bonds” and may contain such further plus interest accrued to the redemp- interests of the City for some or all of designation as provided in the certifi- tion date, on the Mandatory Redemp- the Bonds not to be callable prior to cate of award providing for the final tion Dates. their stated maturity. terms of the Bonds and the sale of the The aggregate of the moneys to be If optional redemption at a price Bonds signed by the Director of deposited with the Escrow Agent, cur- exceeding 100% of the principal Finance in accordance with this Ordi- rently The Huntington National amount to be redeemed is to take nance (the “Certificate of Award”). Bank, for payment of principal of and place as of any applicable Mandatory The Bonds shall be issued in one lot interest on any Term Bonds shall Redemption Date, the Bonds, or por- as fully registered Bonds in denomi- include amounts sufficient to redeem tions thereof, to be redeemed option- nations of $5,000 or any integral mul- on the Mandatory Redemption Dates ally shall be selected by lot prior to tiple thereof. The Bonds shall be num- the principal amount of Term Bonds the selection by lot of the Bonds to be bered as determined by the Director payable on those dates pursuant to redeemed on the same date by opera- of Finance. the Mandatory Sinking Fund tion of the Mandatory Sinking Fund The Bonds shall be issued in the Redemption Requirements (less the Redemption Requirements of para- principal amount specified in the Cer- amount of any credit as provided graph (a). The Bonds shall be tificate of Award, which shall not below). redeemed pursuant to this paragraph exceed the amount stated in Section 1 The City shall have the option to only upon written notice from the hereof. The Bonds shall be dated the deliver to the Registrar (as defined in Director of Finance to the Registrar. date and shall bear interest from their Section 3 hereof) for cancellation That notice shall specify the redemp- date until the principal amount is Term Bonds in any aggregate princi- tion date and the principal amount of paid at the rate or rates per year spec- pal amount and to receive a credit each maturity of Bonds to be ified in the Certificate of Award, pro- against the then-current Mandatory redeemed, and shall be given at least vided that the weighted average of Sinking Fund Redemption Require- 45 days prior to the redemption date such rates (taking into account the ment (and corresponding mandatory or such shorter period as shall be principal amount and maturity of redemption obligation) of the City for acceptable to the Registrar. There each Bond to which a rate applies) any Term Bonds. That option shall be shall be deposited with the Registrar shall not exceed seven percent (7%) exercised by the City on or before the on or prior to the redemption date per year. Interest on the Bonds shall forty-fifth day preceding the applica- funds sufficient to redeem at the be payable when due, or until the ble Mandatory Redemption Date, by redemption price all of the principal amount is paid, semiannual- furnishing the Escrow Agent a cer- redeemable Bonds for which notice of ly as specified in the Certificate of tificate, signed by the Registrar, set- redemption has been given. Award as the dates on which interest ting forth the extent of the credit to (c) Purchase in Lieu of Redemp- on the Bonds shall be payable (the be applied with respect to the then- tion. If and to the extent provided in “Interest Payment Dates”), beginning current Mandatory Sinking Fund the Certificate of Award, the City may on the date specified in the Certificate Redemption Requirement. If the cer- elect to purchase Bonds called for of Award as the first Interest Pay- tificate is not timely furnished to the optional redemption in lieu of redeem- ment Date. Escrow Agent, the Mandatory Sink- ing those Bonds. That election shall The Bonds shall mature in the ing Fund Redemption Requirement be exercised by written direction years and principal amounts as shall (and corresponding mandatory from the Director of Finance to the be permitted by law and determined redemption obligation) shall not be Registrar and the Escrow Agent. 228 February 23, 2011 The City Record 11

That written direction shall state ing on the same date as the Bond sur- and to that person’s address appear- whether all or less than all of the rendered. ing, on the Bond Register (as defined Bonds called for optional redemption (e) Notice of Redemption. The in Section 3 hereof) at the close of are to be purchased by the City in lieu notice of the call for redemption of business on the date provided in the of redemption, shall identify the Bonds shall identify (i) by designa- Registrar Agreement authorized and Bonds to be purchased by their matu- tion, letters, numbers or other distin- defined in Section 3 hereof (the rity date and shall specify the princi- guishing marks, the Bonds or por- “Record Date”). Notwithstanding any pal amount of each maturity to be pur- tions thereof to be redeemed, (ii) the contrary provision in the General chased in lieu of redemption. If less redemption price to be paid, (iii) the Bond Ordinance, so long as the Bonds than all of the Bonds called for option- date fixed for redemption, and (iv) are held by a Depository in a book al redemption are to be purchased in the place or places where the amounts entry system (as described in Sec- lieu of redemption, the amount of due upon redemption are payable. tion 3 hereof), debt charges on the each maturity to be purchased shall The notice shall be given by the Reg- Bonds will be payable in lawful be in amounts of $5,000 or integral istrar on behalf of the City by mailing money of the United States by wire multiples of $5,000. Any Bonds called a copy of the redemption notice by transfer to the Depository made by for optional redemption that are not first-class mail, postage prepaid, at the Escrow Agent on each Interest to be purchased shall be redeemed in least 30 days prior to the date fixed Payment Date. accordance with their redemption pro- for redemption (or such period speci- This Series Bond Ordinance is visions. The purchase price of the fied in the Certificate of Award), to enacted pursuant to the General Bond Bonds to be purchased in lieu of the registered owner of each Bond Ordinance. The General Bond Ordi- redemption shall be equal to the prin- subject to redemption in whole or in nance, except for the third paragraph cipal of, any accrued but unpaid inter- part at the registered owner’s address of Section 13(a) (pertaining general- est on, and any premium that would shown on the Bond Register main- ly to an adjustment of the interest have been payable on the Bonds on tained by the Registrar at the close of rate in an event of default) and the the redemption date if the Bonds had business on the fifteenth day preced- third paragraph of Section 4 (pertain- been optionally redeemed instead of ing that mailing and to any provider ing generally to the periods during being purchased. No notice of the pur- of a Credit Support Instrument (as which the City is not required to make chase in lieu of redemption is defined in Section 15 hereof) for the any transfers or exchanges of bonds required to be given to the owners of Bonds or designated portions thereof. issued under the General Bond Ordi- the Bonds in addition to the notice of Failure to receive notice by mail or nance), will apply to the Bonds. redemption required by this Ordi- any defect in that notice regarding Except for those provisions, the Gen- nance. The Escrow Agent or Regis- any Bond, however, shall not affect eral Bond Ordinance is included as a trar, as paying agent, shall not pur- the validity of the proceedings for the part of this Ordinance as fully as if chase Bonds if sufficient moneys redemption of any Bond. Any notice restated in this Ordinance. Words and have not been deposited with the of redemption of any Bonds may spec- terms not otherwise defined in this Escrow Agent or Registrar, as paying ify that the redemption is contingent Ordinance shall have the same mean- agent, by the City for the purpose. On on the deposit of moneys with the ing as set forth in the General Bond or prior to the scheduled date for Escrow Agent or Registrar, as paying Ordinance. optional redemption, the City may agent, on or prior to the redemption Section 3. Execution, Authentica- rescind its direction to purchase the date in an amount sufficient to pay tion, Approval and Recording of the Bonds in lieu of redemption by writ- the redemption price of the Bonds to Bonds; Exchange and Transfer of the ten notice from the Director of be redeemed. Bonds; Paying Agents. Finance to the Registrar and the (f) Payment of Redeemed Bonds. The Bonds shall express upon their Escrow Agent. In the event that the Notice having been mailed in the man- faces the purpose for which they are direction to purchase is rescinded, the ner provided in the preceding para- issued and that they are issued pur- Bonds shall be redeemed on the graph, and moneys having been suant to this Ordinance. Pursuant to redemption date set forth in the notice deposited by the City with the Escrow Section 4 of the General Bond Ordi- of redemption delivered to the owners Agent or Registrar, as paying agent, nance, each Bond shall be authenti- of the Bonds and in accordance with in an amount sufficient to pay the cated by the manual signature of an the provisions of this Ordinance. redemption price, the Bonds and por- authorized officer of the Trustee (as (d) Partial Redemption or Pur- tions thereof called for redemption defined therein). The Bonds shall be chase. If fewer than all of the out- shall become due and payable on the signed by the City’s Mayor and by the standing Bonds are called for redemp- redemption date, and, upon presenta- City’s Director of Finance, and, con- tion at one time (whether for redemp- tion and surrender at the place or sistent with Section 133.27 of the Ohio tion or purchase in lieu of redemp- places specified in that notice, shall Revised Code and notwithstanding tion), they shall be called in the order be paid. If money for the redemption Section 177.02 of the Codified Ordi- of maturities directed by the Director of all of the Bonds and portions there- nances of the City, either or both of of Finance. If fewer than all Bonds of of to be redeemed, including interest those signatures may be a facsimile. a single maturity are to be redeemed accrued to the redemption date, is The Bonds shall bear the seal of the or purchased in lieu of redemption, held by the Registrar on the redemp- City, which seal may be a facsimile the selection of Bonds to be redeemed tion date, and, if notice of redemption seal. Pursuant to Section 83 of the or purchased, or portions thereof in has been deposited in the mail, then City’s Charter, the Director of Law amounts of $5,000 or any integral mul- from and after the redemption date shall prepare the Bonds and shall tiple thereof, shall be made by the those Bonds and portions thereof endorse thereon his approval of the Registrar by lot in a manner deter- called for redemption shall cease to form and correctness thereof by his mined by the Registrar. In the case of bear interest and no longer shall be manual or facsimile signature. a partial redemption or purchase of considered to be outstanding. If that U.S. Bank National Association is Bonds by lot when Bonds of denomi- money shall not be so available on the appointed to act as the authenticating nations greater than $5,000 are then redemption date, or that notice shall agent, bond registrar, transfer agent outstanding, each $5,000 unit of prin- not have been deposited in the mail, and paying agent for the Bonds (the cipal thereof shall be treated as those Bonds and portions thereof “Registrar”). The Registrar shall also though it were a separate Bond of the shall continue to bear interest, until act as paying agent for the Bonds so denomination of $5,000. If it is deter- they are paid, at the same rate as they long as the Bonds are held in a book mined that one or more, but not all of would have borne had they not been entry system. The Director of Finance the $5,000 units of principal amount called for redemption. All money held is authorized to sign and deliver, in represented by a Bond are to be called by the Registrar for the redemption of the name and on behalf of the City, an for redemption, then upon notice of particular Bonds shall be held in trust agreement between the City and the redemption of a $5,000 unit or units, for the account of the registered own- Registrar (the “Registrar Agree- the registered owner of that Bond ers and shall be paid to them, respec- ment”), approved as to form and cor- shall surrender the Bond to the Regis- tively, upon presentation and surren- rectness by the Director of Law, pro- trar (i) for payment of the redemption der of those Bonds. viding for services relating to the reg- or purchase price of the $5,000 unit or The debt charges on the Bonds istration, transfer, exchange and pay- units called for redemption (includ- shall be payable in lawful money of ment of the Bonds on terms approved ing, without limitation, the interest the United States of America without by the Director of Finance on behalf accrued to the date fixed for redemp- deduction for the services of the Reg- of the City and consistent with this tion and any premium), and (ii) for istrar or Escrow Agent as paying Ordinance and not substantially issuance, without charge to the regis- agent. Principal shall be payable adverse to the City. That approval tered owner thereof, of a new Bond or when due upon presentation and sur- shall be conclusively evidenced by Bonds of any authorized denomina- render of the Bonds at the principal the signing of the Registrar Agree- tion or denominations in an aggre- corporate trust office of the Regis- ment by the Director of Finance. The gate principal amount equal to the trar. Interest on a Bond shall be paid Director of Finance shall provide for unmatured portion of the Bond not on each Interest Payment Date by the payment of the services rendered redeemed or purchased and bearing check or draft mailed to the person in and for reimbursement of expenses interest at the same rate and matur- whose name the Bond was registered, incurred pursuant to the Registrar 229 12 The City Record February 23, 2011

Agreement from the proceeds of the “Book entry form” or “book entry ties of the City and after the approval Bonds to the extent available and system” means a form or system of the form of any such agreement by then from other money lawfully avail- under which (i) the ownership of ben- the Director of Law. able and appropriated or to be appro- eficial interests in Bonds and the prin- Section 4. Sale of Bonds. priated for that purpose. cipal of and interest on the Bonds may The Bonds shall first be offered for So long as any of the Bonds remain be transferred only through a book purchase to the Trustees of the Sink- outstanding, the City will cause the entry, and (ii) physical Bond certifi- ing Fund and, if not purchased by Registrar to maintain and keep at its cates in fully registered form are them, shall be offered to the Treasury principal corporate trust office all issued by the City only to a Deposito- Investment Account for purchase and, books and records necessary for the ry or its nominee as registered owner, if not purchased for that Account, registration, exchange and transfer with the Bonds “immobilized” in the shall be sold to one or more firms that of Bonds as provided in this Section custody of the Depository. The book have proposed to underwrite the (the “Bond Register”). The person in entry maintained by others than the Bonds and have been selected by the whose name a Bond is registered on City is the record that identifies the Director of Finance based on an eval- the Bond Register shall be regarded owners of beneficial interests in those uation of the qualifications of those as the absolute owner of that Bond for Bonds and that principal and interest. firms (collectively, the “Original Pur- all purposes of this Ordinance. Pay- “Depository” means any securities chaser”). ment of or on account of the debt depository that is a clearing agency The Bonds shall be awarded to the charges on any Bond shall be made under federal law operating and Original Purchaser in the Certificate only to or upon the order of that per- maintaining, with its Participants or of Award which shall specify the son; neither the City nor the Registrar otherwise, a book entry system to final terms of the Bonds in accor- shall be affected by any notice to the record ownership of beneficial inter- dance with law, the provisions of this contrary, but the registration may be ests in bonds or the principal and Ordinance, the written advice of a changed as provided in this Section. interest, and to effect transfers of financial advisor retained under All such payments shall be valid and bonds, in book entry form, and authority of Section 16 hereof and the effectual to satisfy and discharge the includes and means initially The Original Purchaser’s offer to pur- City’s liability upon the Bond, includ- Depository Trust Company (a limited chase the Bonds, including: the prin- ing interest, to the extent of the purpose trust company), New York, cipal amount of the Bonds, the pur- amount or amounts so paid. New York. chase price (which shall be not less Any Bond may be exchanged for “Participant” means any partici- than 97% of the principal amount of Bonds of any authorized denomina- pant contracting with a Depository the Bonds plus any accrued interest to tion upon presentation and surrender under a book entry system and their date of delivery), interest rate or at the principal corporate trust office includes security brokers and dealers, rates, the amounts and years in which of the Registrar, together with a banks and trust companies, and clear- principal installments are payable request for exchange signed by the ing corporations. (at stated maturity or pursuant to Mandatory Sinking Fund Redemption registered owner or by a person legal- The Bonds may be issued to a Requirements), the Interest Payment ly empowered to do so in a form satis- Depository for use in a book entry Dates and the date of the Bonds and factory to the Registrar. A Bond may system and, if and as long as a book any other matters required in this be transferred only on the Bond Reg- entry system is utilized: (i) the Bonds may be issued in the form of a single, Ordinance to be set forth in that Cer- ister upon presentation and surrender fully registered Bond representing tificate. As appropriate under the of the Bond at the principal corporate each maturity and registered in the Charter, the Mayor, Director of trust office of the Registrar together name of the Depository or its nomi- Finance, Director of Law, Clerk of with an assignment signed by the reg- nee, as registered owner, and immobi- Council and other appropriate offi- istered owner or by a person legally lized in the custody of the Depository; cers of the City are, and each of them empowered to do so in a form satis- (ii) the beneficial owners in book is, authorized to take such actions as factory to the Registrar. Upon entry form shall have no right to are necessary, appropriate and in the exchange or transfer the Registrar receive Bonds in the form of physical best interest of the City to establish shall complete, authenticate and securities or certificates; (iii) owner- the terms and requirements for deliv- deliver a new Bond or Bonds of any ship of beneficial interests in book ery of the Bonds and to make such authorized denomination or denomi- entry form shall be shown by book arrangements as are necessary with nations requested by the owner equal entry on the system maintained and the Original Purchaser in order to in the aggregate to the unmatured operated by the Depository and its establish the date, location, proce- principal amount of the Bond surren- Participants, and transfers of the dures, and conditions for the delivery dered and bearing interest at the ownership of beneficial interests of the Bonds to the Original Purchas- same rate and maturing on the same shall be made only by book entry by er, to give all appropriate notices and date. the Depository and its Participants; certificates, to cause a true transcript If manual signatures on behalf of and (iv) the Bonds as such shall not of proceedings with reference to the the City are required, the Registrar be transferable or exchangeable, issuance of the Bonds to be delivered shall undertake the exchange or except for transfer to another Deposi- to the Original Purchaser, to sign any transfer of Bonds only after the new tory or to another nominee of a Depos- transcript certificates, financial Bonds are signed by the authorized itory, without further action by the statements and other documents and officers of the City. In all cases of City. instruments and to take such actions Bonds exchanged or transferred, the If any Depository determines not to as are necessary or appropriate to City shall sign and the Registrar continue to act as a Depository for the consummate the transactions contem- shall authenticate and deliver Bonds Bonds for use in a book entry system, plated by this Ordinance and to take in accordance with the provisions of the Director of Finance may attempt all steps necessary to effect the due this Ordinance. The exchange or to establish a securities execution, authentication and deliv- transfer shall be without charge to depository/book entry relationship ery of the Bonds. The Director of the owner, except that the City and with another qualified Depository. If Finance is further authorized to sign Registrar may make a charge suffi- the Director of Finance does not or is and deliver on behalf of the City a cient to reimburse them for any tax or unable to do so, the Registrar, after bond purchase agreement between other governmental charge required making provision for notification of the City and the Original Purchaser to be paid with respect to the the beneficial owners by the then (the “Bond Purchase Agreement”), exchange or transfer. The City or the Depository and any other arrange- approved as to form and correctness Registrar may require that those ments deemed necessary, shall permit by the Director of Law, setting forth charges, if any, be paid before the pro- withdrawal of the Bonds from the the terms and conditions on which the cedure is begun for the exchange or Depository, and the Trustee and Reg- City agrees to sell the Bonds and the transfer. All Bonds issued and istrar shall authenticate and deliver Original Purchaser agrees to buy the authenticated upon any exchange or bond certificates in registered form to Bonds, which shall be consistent with transfer shall be valid obligations of the assigns of the Depository or its this Ordinance, not substantially the City, evidencing the same debt, nominee, all at the cost and expense adverse to the City, and approved by and entitled to the same security and (including any costs of printing), if the Director of Finance and Director benefit under this Ordinance, as the the event is not the result of City of Law on behalf of the City, all of Bonds surrendered upon that action or inaction, of those persons which shall be conclusively evi- exchange or transfer. requesting such issuance. denced by the signing of the Bond Notwithstanding any other provi- The Director of Finance is also Purchase Agreement by the Director sions of this Ordinance, if it is deter- hereby authorized and directed to the of Finance. It is determined that the mined by the Director of Finance to extent necessary or required to enter terms of the Bonds, as provided in this be advantageous to the City, the into any agreements determined nec- Ordinance and as may be provided in Bonds may be issued in book entry essary in connection with the book or pursuant to the Certificate of form in accordance with the provi- entry system for the Bonds, after Award, are in the best interest of the sions of this Section. As used in this determining that the signing thereof City and in compliance with all legal Section and this Ordinance: will not endanger the funds or securi- requirements. 230 February 23, 2011 The City Record 13

Pursuant to Section 133.30(B) of the to the payment of such costs. Pur- redeemed prior to the maturity there- Ohio Revised Code, the Director of suant to Chapter 133 of the Ohio of, notice of such redemption shall Finance may combine the Bonds with Revised Code and this Ordinance, and have been duly given or irrevocable other bonds into a single consolidated notwithstanding Chapter 179 of the provision satisfactory to the Trustee issue of bonds for purposes of their Codified Ordinances, any accrued shall have been duly made for the giv- sale as a single issue to be designated interest and any premium received ing of such notice. Any moneys held “Various Purpose General Obligation from the sale of the Bonds shall be by the Escrow Agent in accordance Bonds, Series 2011” or such other des- deposited in the Unvoted Tax Sup- with the provisions of this Section ignation as may be set forth in the ported Obligations Account of the shall be invested by the Escrow Certificate of Award. Such bonds Sinking Fund to be applied to the pay- Agent in direct obligations of the shall contain a summary statement of ment of the principal of and interest United States of America maturing, or purposes encompassing the purpose on the Bonds. redeemable at the option of the hold- for which the Bonds are issued and Section 7. General Obligation. er, at times and in amounts sufficient shall state that they are issued pur- The Bonds are secured by a pledge to meet payment of debt charges on suant to this Ordinance. and lien on a parity with the pledges the Bonds, as directed by the Director Section 5. Provision for Levying and liens authorized by the General of Finance. Any income or interest and Collecting Tax. Bond Ordinance and, in addition to earned by, or increment to, the invest- For the purpose of providing the the taxes and revenues specifically ments held under this Section shall, to necessary funds to pay the interest on pledged pursuant to this Ordinance the extent determined from time to the Bonds promptly when and as the and the General Bond Ordinance and time by the Escrow Agent to be in same falls due, and also to provide for the other covenants, terms and agree- excess of the amount required to be the discharge of the Bonds at maturi- ments provided hereunder and in the held by it for the purposes of this Sec- ty, there shall be and is levied on all General Bond Ordinance to secure tion, be transferred at the time of the taxable property in the City, in payment of the principal of and inter- such determination as provided in addition to all other taxes, a direct est on the Bonds, the City hereby Section 17(a) of the General Bond tax annually during the period the determines, declares, warrants and Ordinance for unclaimed funds held Bonds are outstanding, in an amount covenants that the Bonds are general by a Paying Agent. In the event of sufficient to provide for the payment obligations of the City and that the nonpresentment of any Bond as of that interest, when and as the same full faith and credit of the City are described in Section 17(a) of the Gen- shall fall due, and also to discharge hereby pledged for the payment of the eral Bond Ordinance, the moneys held the principal of the Bonds at maturi- principal of and interest on the Bonds pursuant to this Section shall be held ty, which tax shall not be less than in accordance with the laws and Con- and paid as provided in said Sec- the interest and sinking fund tax stitution of the State of Ohio, this tion 17(a) for unclaimed funds held required by Section 11 of Article XII Ordinance and the General Bond Ordi- by a Paying Agent. of the Constitution of Ohio. nance. Section 9. Bond Anticipation Notes. The tax shall be and is ordered com- Section 8. Defeasance. For the purpose of raising money in puted, certified, levied and extended (a) Release of Ordinance. If the anticipation of the issuance of the upon the tax duplicate and collected City shall pay or cause to be paid and Bonds for the purpose set forth in Sec- by the same officers, in the same man- discharged all the outstanding Bonds, tion 1 hereof, notes of the City may be ner and at the same time that taxes or there shall otherwise be paid to the issued in an aggregate principal for general purposes for each of those holders of the outstanding Bonds all amount not to exceed Seven Hundred years are certified, extended and col- debt charges due or to become due Fifty Thousand Dollars ($750,000) lected. The tax shall be placed before thereon, and provision shall also be (the “Notes”) upon the direction of the and in preference to all other items made for paying all other sums Director of Finance to be set forth in a and for the full amount thereof. The payable hereunder, then and in that certificate providing for the final funds derived from those tax levies event this Ordinance (except for Sec- terms of the Notes and the sale of the shall be placed in the Unvoted Tax tion 8(b) hereof) shall cease to be of Notes and signed by the Director of Supported Obligations Account of the further effect, and the covenants, Finance (the “Note Certificate of Sinking Fund as required by the Gen- agreements and other obligations of Award”). eral Bond Ordinance, and those funds, the City under this Ordinance shall be (a) Terms of the Notes. The Notes together with the interest collected on discharged and satisfied, and there- shall bear interest at such rate, not them, shall be irrevocably pledged for upon the Trustee shall at the request exceeding seven percent (7%) per the payment of principal of and inter- of the City execute and deliver to the year, as may be fixed by the Director est on the Bonds when and as the City such instruments in writing as of Finance of the City in the Note Cer- same fall due; provided, however, shall discharge the lien hereof and tificate of Award; shall be dated their that, subject to the provisions of Sec- enter on the record such discharge of date of issuance; shall mature on the tion 8 of the General Bond Ordinance, the lien and such other instruments as date set forth in the Note Certificate in each year to the extent that rev- may be reasonably required by the of Award, which shall be no later than enues are available from other City. five years from such date of issuance; sources for the payment of the Bonds (b) Payment and Discharge of shall be subject to redemption by the and are appropriated for such pur- Bonds. Outstanding Bonds shall be City at any time prior to maturity pose, the amount of such tax shall be deemed to have been paid and dis- without penalty, provided that, if the reduced by the amount of such rev- charged within the meaning of this Director of Finance, based on the enues so available and appropriated. Ordinance, including without limita- advice of a financial advisor, deter- This Council hereby covenants, on tion, Section 8(a) hereof, if: mines that it is in the best interest of behalf of the City and its officials, (i) the Escrow Agent or Paying the City in order to enhance the mar- pursuant to the authorization under Agent shall hold in special accounts ketability of the Notes, the Director of Sections 133.25(B)(1) and 5705.51 of or subaccounts, in trust for and irrev- Finance may cause the Notes to not be the Ohio Revised Code, and in accor- ocably committed solely thereto, suf- redeemable for a period which ends dance with the provisions of and to ficient moneys; or no later than the date which is two the extent required or permitted by (ii) the Escrow Agent shall hold in years following the date of issuance the General Bond Ordinance, that the special accounts or subaccounts, in of the Notes; shall be designated City will appropriate annually from trust for and irrevocably committed “Cemeteries Improvement Bond the proceeds of the City’s municipal solely thereto, direct obligations of Anticipation Notes”; shall be issued in income taxes an amount as is neces- the United States certified by an inde- such numbers and denominations as sary to meet the annual debt charges pendent public accounting firm of may be requested by the Note Pur- for the Bonds. national reputation to be of such chaser (hereinafter defined); and Section 6. Application of Proceeds. maturities and interest payment shall be issued in fully registered The proceeds from the sale of the dates and to bear such interest, with- form (which may be in a book entry Bonds, except for accrued interest out further investment or reinvest- only system) in denominations of thereon and any premium, shall be ment of either the principal amount $5,000 or integral multiples thereof. expended and applied for the objects thereof or the interest earnings there- Interest shall be payable semiannual- and purposes for which the Bonds are from (likewise to be held in trust and ly on the dates set forth in the Note issued. The proceeds of the Bonds to committed, except as hereinafter pro- Certificate of Award; provided that if be applied to pay costs of any Credit vided), as will be sufficient, together the Notes mature on or before the end Support Instruments obtained pur- with moneys referred to in (i) above, of the twelfth month following their suant to Section 15 hereof shall be for the payment, at their maturities or date of issuance, interest on the Notes paid to the provider or providers of redemption dates, of all debt charges shall be payable at maturity. those Credit Support Instruments. on the Bonds to their date of maturity U.S. Bank National Association is The proceeds of the Bonds to be used or redemption, as the case may be, or appointed to act as the authenticating to pay costs of issuing the Bonds shall if default in such payment shall have agent, registrar, transfer agent and be deposited with the Registrar in a occurred on such date then to the date paying agent for the Notes (the “Note separate account under the Registrar of the tender of such payment; provid- Registrar”). The Escrow Agent also Agreement pending their application ed, that if any Bonds are to be shall act as paying agent for the 231 14 The City Record February 23, 2011

Notes if the Notes are held in a book Note Registrar may require that those been issued therefor without the prior entry system. The Director of Finance charges, if any, be paid before the pro- issue of the Notes. That tax shall be shall sign and deliver, in the name cedure is begun for the exchange or and is ordered computed, certified, and on behalf of the City, an agree- transfer. All Notes issued and authen- levied and extended upon the tax ment among the City, the Note Regis- ticated upon any exchange or trans- duplicate and collected by the same trar and the Escrow Agent (the “Note fer shall be valid obligations of the officers, in the same manner and at Registrar Agreement”) providing for City, evidencing the same debt, and the same time that taxes for general services relating to the registration, entitled to the same security and ben- purposes for each year are certified, transfer, exchange and payment of efit under this Ordinance, as the Notes extended and collected. That tax Notes on terms that are approved by surrendered upon that exchange or shall be placed before and in prefer- the Director of Finance on behalf of transfer. ence to all other items and for the full the City. That approval shall be con- Pursuant to Section 133.30(B) of the amount thereof. The funds derived clusively evidenced by the signing of Ohio Revised Code, the Director of from the tax levies required by this the Note Registrar Agreement by the Finance may combine the Notes with Ordinance shall be placed in the Director of Finance. The Director of other bond anticipation notes of the Unvoted Tax Supported Obligations Finance shall provide for the pay- City for purposes of their sale as a sin- Account, and those funds, together ment of the services rendered and for gle issue to be designated “Various with the interest collected on them, reimbursement of expenses incurred Purpose General Obligation Bond shall be irrevocably pledged for the pursuant to the Note Registrar Agree- Anticipation Notes.” The Notes shall payment of the principal and interest ment from the proceeds of the Notes to contain a summary statement of pur- of the Notes or the Bonds in anticipa- the extent available and then from poses encompassing the purpose for tion of which they are issued, when other money lawfully available and which the Notes are issued and shall and as the same falls due; provided, appropriated or to be appropriated for state that they are issued pursuant to however, that in each year to the that purpose. this Ordinance. extent that revenues are available So long as any of the Notes remain (b) Execution and Payment of the from other sources for the payment of outstanding, the City will cause the Notes. The Notes shall express upon the Notes and Bonds and are appropri- Note Registrar to maintain and keep their faces the purpose for which they ated for such purpose, the amount of at its principal corporate trust office are issued and that they are issued such direct tax upon all of the taxable all books and records necessary for pursuant to this Ordinance. Each Note property in the City may be reduced the registration, exchange and trans- shall be authenticated by the manual by the amount of such revenues so fer of Notes as provided in this Section signature of an authorized officer of available and appropriated. (the “Note Register”). The person in the Trustee (as defined therein). The Section 11. Official Statement; Con- whose name a Note is registered on Notes shall be signed by the City’s tinuing Disclosure. the Note Register shall be regarded as Mayor and by the City’s Director of If, in the judgment of the Director the absolute owner of that Note for all Finance, and, consistent with Section of Finance, a disclosure document purposes of this Ordinance. Payment 133.27 of the Ohio Revised Code and (each, an “Official Statement”) is of or on account of the debt charges notwithstanding Section 177.02 of the appropriate or necessary in connec- on any Note shall be made only to or Codified Ordinances of the City, tion with the sale of the Notes or the upon the order of that person; neither either or both of those signatures may Bonds, the Director of Finance is the City nor the Note Registrar shall be a facsimile. The Notes shall bear authorized to prepare or cause to be be affected by any notice to the con- the seal of the City, which seal may be prepared on behalf of the City an Offi- trary, but the registration may be a facsimile seal. Pursuant to Sec- cial Statement with respect to the changed as provided in this Section. tion 83 of the City’s Charter, the Direc- Notes or the Bonds, as the case may All such payments shall be valid and tor of Law shall prepare the Notes and be, and any necessary supplements effectual to satisfy and discharge the shall endorse thereon his approval of and to authorize the use and distribu- City’s liability upon the Note, includ- the form and correctness thereof by tion of each Official Statement and ing interest, to the extent of the his manual or facsimile signature. any supplements. The Director of amount or amounts so paid. (c) Sale of the Notes. The Notes Finance is authorized to sign on Any Note may be exchanged for shall first be offered for purchase to behalf of the City and in her official Notes of any authorized denomination the Trustees of the Sinking Fund and, capacity each Official Statement and upon presentation and surrender at if not purchased by them, shall be any supplements approved by her. the principal corporate trust office of offered to the Treasury Investment The Director of Finance is authorized the Note Registrar, together with a Account for purchase and, if not pur- to sign and deliver on behalf of the request for exchange signed by the chased for that Account, shall be sold City and in her official capacity such registered owner or by a person legal- to one or more firms that have pro- certificates in connection with the ly empowered to do so in a form satis- posed to underwrite the Notes and accuracy of each Official Statement factory to the Note Registrar. A Note have been selected by the Director of and any supplements as may, in the may be transferred only on the Note Finance based on an evaluation of the judgment of the Director of Finance, Register upon presentation and sur- qualifications of those firms (the be necessary or appropriate. The render of the Note at the principal cor- “Note Purchaser”) in the principal Director of Finance is also authorized porate trust office of the Note Regis- amount set forth in a certificate of to determine and certify on behalf of trar together with an assignment award to be executed by the Director the City that such disclosure docu- ment is “deemed final” by the City signed by the registered owner or by of Finance (the “Note Certificate of within the meaning of Securities and a person legally empowered to do so Award”) at not less than par and Exchange Commission Rule 15c2-12 in a form satisfactory to the Note Reg- accrued interest and at a rate not exceeding that set forth in Section 10 (the “SEC Rule”). The Director of istrar. Upon exchange or transfer the hereof. The proceeds of such sale Finance is authorized to contract for Note Registrar shall complete, shall be paid into the proper fund and services for the production and distri- authenticate and deliver a new Note used for the purpose for which the bution of preliminary and final Offi- or Notes of any authorized denomina- Notes are being issued under the pro- cial Statements, including by printed tion or denominations requested by visions of this Ordinance. and electronic means. the owner equal in the aggregate to (d) Security for the Notes. The For the benefit of the holders and the unmatured principal amount of Notes shall be the full general obliga- beneficial owners from time to time of the Note surrendered and bearing tions of the City, and the full faith, the Notes or the Bonds, the City interest at the same rate and matur- credit and revenue of the City are agrees, in accordance with, and as the ing on the same date. hereby pledged for the prompt pay- only obligated person with respect to If manual signatures on behalf of ment of the same. The par value to be the Notes and the Bonds under the the City are required, the Note Regis- received from the sale of the Notes SEC Rule, to provide or cause to be trar shall undertake the exchange or and any excess funds resulting from provided such financial information transfer of Notes only after the new the issuance of the Notes shall, to the and operating data and notices, in Notes are signed by the authorized extent necessary, be used for the such manner as may be required for officers of the City. In all cases of retirement of the Notes at maturity, purposes of the SEC Rule. In order to Notes exchanged or transferred, the together with the interest thereon, describe and specify certain terms of City shall sign and the Note Registrar and are hereby pledged for such pur- the City’s continuing disclosure shall authenticate and deliver Notes pose. agreement for that purpose, and in accordance with the provisions of Section 10. Provision for Levying thereby to implement that agreement, this Ordinance. The exchange or and Collecting Tax. including provisions for enforcement, transfer shall be without charge to During the year or years while the amendment and termination, the the owner, except that the City and Notes are outstanding there shall be Director of Finance is authorized and Note Registrar may make a charge levied on all the taxable property in directed to prepare, or cause to be pre- sufficient to reimburse them for any the City, in addition to all other taxes pared, and to sign and deliver, in the tax or other governmental charge but within tax limitations, a direct name and on behalf of the City, a con- required to be paid with respect to the tax annually not less than that which tinuing disclosure agreement or cer- exchange or transfer. The City or the would have been levied if bonds had tificate, which shall constitute the 232 February 23, 2011 The City Record 15 continuing disclosure agreement the extent such compliance is neces- with the Bond Purchase Agreement, made by the City for the benefit of the sary to assure exclusion of interest on shall be paid from the proceeds of holders and beneficial owners of the the Notes and the Bonds from gross Bonds or funds appropriated for that Notes or the Bonds, as the case may income for federal income tax purpos- purpose. be, in accordance with the SEC Rule. es, and the officers identified above Section 16. Financial Advisor. The performance of that agreement are authorized to take actions with The Director of Finance may obtain shall be subject to the availability of respect to those issues as they are the services of one or more financial funds and their annual appropriation authorized in this Section to take with advisors, from time to time, to assist to meet costs the City would be respect to the Notes and the Bonds. the Director of Finance in making required to incur to perform it. The The Director of Finance, as the fis- any of the determinations required by Director of Finance is further autho- cal officer, or any other officer of the this Ordinance to be determined by rized and directed to establish proce- City having responsibility for the Director of Finance. The Director dures in order to ensure compliance issuance of the Notes and the Bonds is of Finance may rely on the written by the City with its continuing disclo- hereby authorized (a) to make or advice of any financial advisor so sure agreement, including the timely effect any election, selection, desig- retained. Any financial advisor provision of information and notices. nation, choice, consent, approval, or employed under the authority of this Section 12. Miscellaneous. waiver on behalf of the City with Ordinance shall be disinterested in (a) Any provisions of the Codified respect to the Notes and the Bonds as the transaction and be independent of Ordinances of the City that are incon- the City is permitted or required to the Original Purchasers and any sistent with the provisions of this make or give under the federal other party interested in the transac- Ordinance and the General Bond Ordi- income tax laws, including, without tion. nance shall not apply to the Bonds or limitation thereto, any of the elec- Section 17. Open Meeting Determi- the Notes authorized herein. tions provided for in nation. (b) All covenants, terms and provi- Section 148(f)(4)(C) of the Code or It is found and determined that all sions of the General Bond Ordinance available under Section 148 of the formal actions of this Council and of are fully applicable to the Bonds and Code, for the purpose of assuring, any of its committees concerning and the Notes authorized herein, and noth- enhancing or protecting favorable relating to the passage of this Ordi- ing in this Ordinance shall be deemed tax treatment or status of the Notes nance were taken, and that all delib- to alter or restrict such full applica- and the Bonds or interest thereon or erations of this Council and any of its tion of the General Bond Ordinance, assisting compliance with require- committees that resulted in these for- except for the exclusion from applica- ments for that purpose, reducing the mal actions were held, in meetings tion to the Bonds and the Notes autho- burden or expense of such compli- open to the public in compliance with rized herein of the provisions of the ance, reducing the rebate amount or all legal requirements, including, third paragraph of Section 13(a) and payments or penalties, or making without limitation, Section 121.22 of the third paragraph of Section 4 of the payments of special amounts in lieu the Ohio Revised Code. General Bond Ordinance, pursuant to of making computations to deter- Section 18. Findings and Recitals of Section 2 hereof. mine, or paying, excess earnings as Validity. Section 13. Captions. rebate, or obviating those amounts or It is hereby determined, represent- The captions or headings in this payments, as determined by that offi- ed and recited that all acts, conditions Ordinance are for convenience only cer, which action shall be in writing and things necessary to be done and in no way define, limit or describe and signed by the officer, (b) to take precedent to and in the issuing of the the scope or intent of any provisions any and all other actions, make or Bonds and the Notes in order to make or sections of this Ordinance. obtain calculations, make payments, them legal, valid and binding obliga- Section 14. Federal Tax Covenants. and make or give reports, covenants tions of the City have happened, been The City covenants that it will use, and certifications of and on behalf of done and been performed in regular and will restrict the use and invest- the City, as may be appropriate to and due form as required by law; and ment of, the proceeds of the Notes and assure the exclusion of interest from that no limitation of indebtedness or the Bonds in such manner and to such gross income and the intended tax taxation, either statutory or constitu- extent as may be necessary so that status of the Notes and the Bonds, and tional, will have been exceeded in the (a) the Notes and the Bonds will not (c) to give one or more appropriate issuance of the Bonds or the Notes. It (i) constitute private activity bonds, certificates of the City, for inclusion is further found and determined, and arbitrage bonds or hedge bonds under in the transcript of proceedings for is hereby represented and recited, Sections 141, 148 or 149 of the Internal the Notes and the Bonds, setting forth that the provisions of Sections 28, 29, Revenue Code of 1986, as amended the reasonable expectations of the 32, 33 (including the provisions of Sec- (the “Code”) or (ii) be treated other City regarding the amount and use of tion 33 with respect to readings on than as bonds to which Section 103(a) all the proceeds of the Notes and the three separate days or dispensing of the Code applies, and (b) the inter- Bonds, the facts, circumstances and with such readings by a two-thirds est thereon will not be treated as an estimates on which they are based, vote of all members of the Council), item of tax preference under Sec- and other facts and circumstances rel- 36, 37, 48 and all other applicable pro- tion 57 of the Code. evant to the tax treatment of the visions of the City’s Charter and the The City further covenants that (a) interest on and the tax status of the rules of this Council have been fully complied with and this Ordinance was it will take or cause to be taken such Notes and the Bonds. passed in conformity therewith. actions that may be required of it for Section 15. Credit Enhancement and Section 19. Delivery to County. the interest on the Notes and the Ratings. The Director of Finance is directed Bonds to be and to remain excluded If, in the judgment of the Director to forward a certified copy of this of Finance, based on the written from gross income for federal income Ordinance and of the Certificate of tax purposes, (b) it will not take or advice of a Financial Advisor, the fil- Award for the Bonds and any Note authorize to be taken any actions that ing of an application for a rating on Certificate of Award to the appropri- would adversely affect that exclu- the Bonds or designated portion ate official of the County of Cuya- sion, and (c) it, or persons acting for thereof by one or more nationally rec- hoga, Ohio and to secure a receipt it, will, among other acts of compli- ognized rating agencies is in the best therefor. ance, (i) apply the proceeds of the interest of the City, the Director of Section 20. Severability. Notes and the Bonds to the govern- Finance is authorized to prepare and Each section and each part of each mental purpose of the borrowing, (ii) submit those applications and to pro- section of this Ordinance is hereby restrict the yield on investment prop- vide to each such agency such infor- declared to be an independent section erty acquired with those proceeds, mation as may be required for the pur- or part of a section and, notwithstand- (iii) make timely and adequate pay- pose. The Director of Finance is ing any other evidence of legislative ments to the federal government, (iv) authorized to contract for one or more intent, it is hereby declared to be the maintain books and records and make Credit Support Instruments for the controlling legislative intent that if calculations and reports, and (v) Bonds or designated portions thereof any such section or part of a section refrain from certain uses of those pro- if the Director determines, based on or any provision thereof, or the appli- ceeds, and, as applicable, of property the written advice of a Financial cation thereof to any person or cir- financed with such proceeds, all in Advisor, that the Credit Support cumstance, is held to be invalid, the such manner and to the extent neces- Instruments will result in debt ser- remaining sections or parts of sec- sary to assure such exclusion of that vice savings to the City. As used in tions and the application of such pro- interest under the Code. this Section, “Credit Support Instru- visions to any other person or circum- Each covenant made in this Section ment” means an insurance policy, stance, other than those as to which it with respect to the Notes and the surety, letter of credit, or other instru- is held invalid, shall not be affected Bonds is also made with respect to all ment used to enhance or provide for thereby, and it is hereby declared to issues any portion of the debt service the security of Bonds. The cost of be the legislative intent that the other on which is paid from proceeds of the obtaining each rating and the cost of provisions of this Ordinance would Notes or the Bonds (and, if different, obtaining each Credit Support Instru- have been passed independently of the original issue and any refunding ment, except to the extent paid by the such section, or parts of a section, so issues in a series of refundings), to Original Purchasers in accordance held to be invalid. 233 16 The City Record February 23, 2011

Section 21. Legislative Intent. dance with the provisions thereof each Bond to which a rate applies) All terms, conditions, pledges, (the “Series Bond Ordinances”); and shall not exceed seven percent (7%) covenants or agreements on the part Whereas, the authorization for per year. Interest on the Bonds shall of the City provided for in this Ordi- issuance of the Bonds is necessary to be payable when due, or until the nance are made by the voluntary act provide funds to pay the costs of cer- principal amount is paid, semiannual- of the City under its lawful authority, tain permanent improvements ly as specified in the Certificate of including its authority under its Char- described in Section 1 hereof that are Award as the dates on which interest ter and Article XVIII of the Constitu- urgently needed for the benefit of the on the Bonds shall be payable (the tion of Ohio. City, and as a result, this Ordinance “Interest Payment Dates”), beginning Nothing in this Ordinance is intend- constitutes an emergency measure on the date specified in the Certificate ed to, and no provision hereof shall be providing for the immediate preserva- of Award as the first Interest Pay- applied in any manner as would, tion of the public peace, property, ment Date. impair the obligation of contract of health and safety, and for the usual The Bonds shall mature in the the City with respect to any outstand- daily operation of a municipal depart- years and principal amounts as shall ing bonds, notes, certificates of ment; now, therefore, be permitted by law and determined indebtedness, other obligations, trust Be it ordained by the Council of the by the Director of Finance and speci- indentures, trust agreements, or other City of Cleveland: fied in the Certificate of Award, based agreements or contracts made or Section 1. Purpose. on the written advice of a Financial entered into by the City and for which It is deemed necessary to issue the Advisor to be in the best interests of consideration was duly received by Bonds in an aggregate principal the City, provided that (i) each prin- the City prior to the passage of this amount not to exceed Two Million cipal payment shall occur on an Inter- Ordinance or the General Bond Ordi- Ninety-Five Thousand Dollars est Payment Date, (ii) the first prin- nance. ($2,095,000) for the purpose of provid- cipal payment on the Bonds shall be Section 22. Emergency Measure. ing funds to municipal parks and no earlier than November 15, 2011 and This Ordinance is declared to be an recreation facilities by constructing, no later than December 31, 2013, (iii) emergency measure for the immedi- reconstructing, rehabilitating, the final maturity date of the Bonds ate preservation of the public peace, installing, renovating, enlarging, shall be no later than 26 years from property, health and safety of the City redeveloping and otherwise improv- that date which is 12 months prior to by providing funds to pay the costs of ing parks and recreation centers and the first date on which provision for certain permanent improvements areas, pools, skating rinks, green- payment of principal is made, and which are urgently needed for the houses, bicycle paths, playgrounds, (iv) the principal amount thereof benefit of the City and for the usual playfields, tracks, fields and related shall be payable in annual install- daily operation of a municipal depart- buildings, structures, walkways, ments such that the total principal ment, and, provided this Ordinance pavement, plazas, landscaping and and interest payments on the Bonds receives the affirmative vote of two- facilities, and providing necessary in any fiscal year in which principal thirds of all members elected to Coun- water systems, drainage, lighting, is payable is not more than three cil, it shall take effect and be in force signage, fixtures, furnishings, equip- times the amount of those payments immediately upon its passage and ment, safety modifications and site in any other fiscal year. approval by the Mayor; otherwise it improvements, together with all nec- The Bonds stated to mature in any shall take effect and be in force from essary and incidental appurtenances year may be issued as term bonds (the and after the earliest date allowed by and the acquisition of any required “Term Bonds”), payable pursuant to law. real estate and interests in real estate Mandatory Sinking Fund Redemption Passed February 14, 2011. and the demolition of any existing Requirements as defined and further described below. The Director of Effective February 18, 2011. buildings, structures, walkways and facilities, and to pay any capitalized Finance shall determine in the Cer- interest and all expenses incurred in tificate of Award whether any of the connection with the issuance of the Bonds shall be issued as Term Bonds, securities, including all financing any dates (the “Mandatory Redemp- Ord. No. 129-11. costs within the meaning of Sec- tion Dates”) on which the principal By Council Member Sweeney (by tion 133.01(K) of the Ohio Revised amount of the Term Bonds shall be departmental request). Code and such other costs of the fore- payable pursuant to mandatory sink- An emergency ordinance authoriz- going permanent improvements that ing fund installments rather than at ing the issuance and sale of bonds in may be financed with the proceeds of stated maturity and the amount of the maximum principal amount of securities as permitted by Sec- principal to be paid on each Mandato- $2,095,000 for the purpose of providing tion 133.15(B) of the Ohio Revised ry Redemption Date (the “Mandatory funds to improve municipal parks and Code and as otherwise permitted by Sinking Fund Redemption Require- recreation facilities and authorizing law. ments”). related matters. Section 2. Authority and Terms. The Bonds shall be subject to Whereas, this Council desires to The Bonds shall be issued pursuant redemption or purchase prior to stat- issue bonds in an aggregate principal to the provisions of Article XVIII of ed maturity as follows: amount not to exceed Two Million the Constitution of Ohio, Chapter 133 (a) Mandatory Sinking Fund Ninety-Five Thousand Dollars of the Ohio Revised Code and other Redemption. If any of the Bonds are ($2,095,000) (the “Bonds”) to finance applicable provisions of the Ohio issued as Term Bonds, the Term the costs of certain permanent Revised Code, the Charter of the City, Bonds shall be subject to mandatory improvements described in Section 1 the General Bond Ordinance and this sinking fund redemption and be of this ordinance (this “Ordinance”); Ordinance for the purpose stated in redeemed pursuant to Mandatory and Section 1 hereof. The Bonds shall be Sinking Fund Redemption Require- Whereas, the Director of Finance, designated “Parks and Recreation ments, at a redemption price of 100% as fiscal officer of this City, has pre- Facilities Improvement Bonds” and of the principal amount redeemed, viously certified to this Council that may contain such further designation plus interest accrued to the redemp- the estimated life or usefulness of the as provided in the certificate of award tion date, on the Mandatory Redemp- improvements to be financed with the providing for the final terms of the tion Dates. proceeds of the Bonds is at least five Bonds and the sale of the Bonds The aggregate of the moneys to be years and that the maximum maturi- signed by the Director of Finance in deposited with the Escrow Agent, cur- ty of the Bonds is 26 years, as evi- accordance with this Ordinance (the rently The Huntington National denced by the Certificate contained in “Certificate of Award”). The Bonds Bank, for payment of principal of and File No. 129-11-A; and shall be issued in one lot as fully reg- interest on any Term Bonds shall Whereas, this Council passed Ordi- istered Bonds in denominations of include amounts sufficient to redeem nance No. 1749-80 on October 8, 1980, $5,000 or any integral multiple there- on the Mandatory Redemption Dates and thereafter amended that ordi- of. The Bonds shall be numbered as the principal amount of Term Bonds nance by Ordinance No. 1112-83, determined by the Director of payable on those dates pursuant to passed May 6, 1983, and Ordinance No. Finance. the Mandatory Sinking Fund 944-96, passed June 10, 1996 (Ordi- The Bonds shall be issued in the Redemption Requirements (less the nance No. 1749-80, as so amended and principal amount specified in the Cer- amount of any credit as provided as the same may further be amended tificate of Award, which shall not below). from time to time in accordance with exceed the amount stated in Section 1 The City shall have the option to its provisions, is referred to as the hereof. The Bonds shall be dated the deliver to the Registrar (as defined in “General Bond Ordinance”), provid- date and shall bear interest from their Section 3 hereof) for cancellation ing the general terms and provisions date until the principal amount is Term Bonds in any aggregate princi- for the issuance of unvoted general paid at the rate or rates per year spec- pal amount and to receive a credit obligations of the City, with the spe- ified in the Certificate of Award, pro- against the then-current Mandatory cific terms of each series of Bonds to vided that the weighted average of Sinking Fund Redemption Require- be contained in ordinances authoriz- such rates (taking into account the ment (and corresponding mandatory ing the issuance of Bonds in accor- principal amount and maturity of redemption obligation) of the City for 234 February 23, 2011 The City Record 17 any Term Bonds. That option shall be shall be deposited with the Registrar shall surrender the Bond to the Regis- exercised by the City on or before the on or prior to the redemption date trar (i) for payment of the redemption forty-fifth day preceding the applica- funds sufficient to redeem at the or purchase price of the $5,000 unit or ble Mandatory Redemption Date, by redemption price all of the units called for redemption (includ- furnishing the Escrow Agent a cer- redeemable Bonds for which notice of ing, without limitation, the interest tificate, signed by the Registrar, set- redemption has been given. accrued to the date fixed for redemp- ting forth the extent of the credit to (c) Purchase in Lieu of Redemp- tion and any premium), and (ii) for be applied with respect to the then- tion. If and to the extent provided in issuance, without charge to the regis- current Mandatory Sinking Fund the Certificate of Award, the City may tered owner thereof, of a new Bond or Redemption Requirement. If the cer- elect to purchase Bonds called for Bonds of any authorized denomina- tificate is not timely furnished to the optional redemption in lieu of redeem- tion or denominations in an aggre- Escrow Agent, the Mandatory Sink- ing those Bonds. That election shall gate principal amount equal to the ing Fund Redemption Requirement be exercised by written direction unmatured portion of the Bond not (and corresponding mandatory from the Director of Finance to the redeemed or purchased and bearing redemption obligation) shall not be Registrar and the Escrow Agent. interest at the same rate and matur- reduced. A credit against the then- That written direction shall state ing on the same date as the Bond sur- current Mandatory Sinking Fund whether all or less than all of the rendered. Redemption Requirement (and corre- Bonds called for optional redemption (e) Notice of Redemption. The sponding mandatory redemption are to be purchased by the City in lieu notice of the call for redemption of obligation) also shall be received by of redemption, shall identify the Bonds shall identify (i) by designa- the City for any Term Bonds that Bonds to be purchased by their matu- tion, letters, numbers or other distin- prior thereto have been redeemed rity date and shall specify the princi- guishing marks, the Bonds or por- (other than through the operation of pal amount of each maturity to be pur- tions thereof to be redeemed, (ii) the the Mandatory Sinking Fund chased in lieu of redemption. If less redemption price to be paid, (iii) the Redemption Requirements) or pur- than all of the Bonds called for option- date fixed for redemption, and (iv) chased for cancellation and cancelled al redemption are to be purchased in the place or places where the amounts by the Registrar, to the extent not lieu of redemption, the amount of due upon redemption are payable. applied theretofore as a credit each maturity to be purchased shall The notice shall be given by the Reg- against any mandatory redemption be in amounts of $5,000 or integral istrar on behalf of the City by mailing obligation. multiples of $5,000. Any Bonds called a copy of the redemption notice by Each Term Bond so delivered, or for optional redemption that are not first-class mail, postage prepaid, at previously redeemed, or purchased to be purchased shall be redeemed in least 30 days prior to the date fixed and cancelled, shall be credited by the accordance with their redemption pro- for redemption (or such period speci- Escrow Agent at 100% of the princi- visions. The purchase price of the fied in the Certificate of Award), to pal amount thereof against the then- Bonds to be purchased in lieu of the registered owner of each Bond current Mandatory Sinking Fund redemption shall be equal to the prin- subject to redemption in whole or in Redemption Requirement (and corre- cipal of, any accrued but unpaid inter- part at the registered owner’s address sponding mandatory redemption est on, and any premium that would shown on the Bond Register main- obligation). Any excess of that have been payable on the Bonds on tained by the Registrar at the close of amount over the then-current Manda- the redemption date if the Bonds had business on the fifteenth day preced- tory Sinking Fund Redemption been optionally redeemed instead of ing that mailing and to any provider Requirement shall be credited being purchased. No notice of the pur- of a Credit Support Instrument (as against subsequent Mandatory Sink- chase in lieu of redemption is defined in Section 15 hereof) for the ing Fund Redemption Requirements required to be given to the owners of Bonds or designated portions thereof. (and corresponding mandatory the Bonds in addition to the notice of Failure to receive notice by mail or redemption obligations) in the order redemption required by this Ordi- any defect in that notice regarding directed by the Director of Finance. nance. The Escrow Agent or Regis- any Bond, however, shall not affect (b) Optional Redemption. The trar, as paying agent, shall not pur- the validity of the proceedings for the Bonds may be subject to redemption chase Bonds if sufficient moneys redemption of any Bond. Any notice prior to maturity by and at the option have not been deposited with the of redemption of any Bonds may spec- of the City, in whole or in part on any Escrow Agent or Registrar, as paying ify that the redemption is contingent date, in integral multiples of $5,000, agent, by the City for the purpose. On on the deposit of moneys with the on the optional redemption dates and or prior to the scheduled date for Escrow Agent or Registrar, as paying at the redemption prices (expressed optional redemption, the City may agent, on or prior to the redemption as a percentage of the principal rescind its direction to purchase the date in an amount sufficient to pay amount redeemed) specified in the Bonds in lieu of redemption by writ- the redemption price of the Bonds to Certificate of Award, plus, in each ten notice from the Director of be redeemed. case, accrued interest to the redemp- Finance to the Registrar and the (f) Payment of Redeemed Bonds. tion date. The first optional redemp- Escrow Agent. In the event that the Notice having been mailed in the man- tion date shall not be later than ten direction to purchase is rescinded, the ner provided in the preceding para- years from the first Interest Payment Bonds shall be redeemed on the graph, and moneys having been Date, and the highest redemption redemption date set forth in the notice deposited by the City with the Escrow price shall not be greater than 102% of redemption delivered to the owners Agent or Registrar, as paying agent, of the principal amount redeemed of the Bonds and in accordance with in an amount sufficient to pay the plus accrued interest to the redemp- the provisions of this Ordinance. redemption price, the Bonds and por- tion date. Based on the written advice (d) Partial Redemption or Pur- tions thereof called for redemption of a financial advisor, the Director of chase. If fewer than all of the out- shall become due and payable on the Finance may determine in the Certifi- standing Bonds are called for redemp- redemption date, and, upon presenta- cate of Award that it is in the best tion at one time (whether for redemp- tion and surrender at the place or interests of the City for some or all of tion or purchase in lieu of redemp- places specified in that notice, shall the Bonds not to be callable prior to tion), they shall be called in the order be paid. If money for the redemption their stated maturity. of maturities directed by the Director of all of the Bonds and portions there- If optional redemption at a price of Finance. If fewer than all Bonds of of to be redeemed, including interest exceeding 100% of the principal a single maturity are to be redeemed accrued to the redemption date, is amount to be redeemed is to take or purchased in lieu of redemption, held by the Registrar on the redemp- place as of any applicable Mandatory the selection of Bonds to be redeemed tion date, and, if notice of redemption Redemption Date, the Bonds, or por- or purchased, or portions thereof in has been deposited in the mail, then tions thereof, to be redeemed option- amounts of $5,000 or any integral mul- from and after the redemption date ally shall be selected by lot prior to tiple thereof, shall be made by the those Bonds and portions thereof the selection by lot of the Bonds to be Registrar by lot in a manner deter- called for redemption shall cease to redeemed on the same date by opera- mined by the Registrar. In the case of bear interest and no longer shall be tion of the Mandatory Sinking Fund a partial redemption or purchase of considered to be outstanding. If that Redemption Requirements of para- Bonds by lot when Bonds of denomi- money shall not be so available on the graph (a). The Bonds shall be nations greater than $5,000 are then redemption date, or that notice shall redeemed pursuant to this paragraph outstanding, each $5,000 unit of prin- not have been deposited in the mail, only upon written notice from the cipal thereof shall be treated as those Bonds and portions thereof Director of Finance to the Registrar. though it were a separate Bond of the shall continue to bear interest, until That notice shall specify the redemp- denomination of $5,000. If it is deter- they are paid, at the same rate as they tion date and the principal amount of mined that one or more, but not all of would have borne had they not been each maturity of Bonds to be the $5,000 units of principal amount called for redemption. All money held redeemed, and shall be given at least represented by a Bond are to be called by the Registrar for the redemption of 45 days prior to the redemption date for redemption, then upon notice of particular Bonds shall be held in trust or such shorter period as shall be redemption of a $5,000 unit or units, for the account of the registered own- acceptable to the Registrar. There the registered owner of that Bond ers and shall be paid to them, respec- 235 18 The City Record February 23, 2011 tively, upon presentation and surren- rectness by the Director of Law, pro- transfer shall be valid obligations of der of those Bonds. viding for services relating to the reg- the City, evidencing the same debt, The debt charges on the Bonds istration, transfer, exchange and pay- and entitled to the same security and shall be payable in lawful money of ment of the Bonds on terms approved benefit under this Ordinance, as the the United States of America without by the Director of Finance on behalf Bonds surrendered upon that deduction for the services of the Reg- of the City and consistent with this exchange or transfer. istrar or Escrow Agent as paying Ordinance and not substantially Notwithstanding any other provi- agent. Principal shall be payable adverse to the City. That approval sions of this Ordinance, if it is deter- when due upon presentation and sur- shall be conclusively evidenced by mined by the Director of Finance to render of the Bonds at the principal the signing of the Registrar Agree- be advantageous to the City, the corporate trust office of the Regis- ment by the Director of Finance. The Bonds may be issued in book entry trar. Interest on a Bond shall be paid Director of Finance shall provide for form in accordance with the provi- on each Interest Payment Date by the payment of the services rendered sions of this Section. As used in this check or draft mailed to the person in and for reimbursement of expenses Section and this Ordinance: whose name the Bond was registered, incurred pursuant to the Registrar “Book entry form” or “book entry and to that person’s address appear- Agreement from the proceeds of the system” means a form or system ing, on the Bond Register (as defined Bonds to the extent available and under which (i) the ownership of ben- in Section 3 hereof) at the close of then from other money lawfully avail- eficial interests in Bonds and the prin- business on the date provided in the able and appropriated or to be appro- cipal of and interest on the Bonds may Registrar Agreement authorized and priated for that purpose. be transferred only through a book defined in Section 3 hereof (the So long as any of the Bonds remain entry, and (ii) physical Bond certifi- “Record Date”). Notwithstanding any outstanding, the City will cause the cates in fully registered form are contrary provision in the General Registrar to maintain and keep at its issued by the City only to a Deposito- Bond Ordinance, so long as the Bonds principal corporate trust office all ry or its nominee as registered owner, are held by a Depository in a book books and records necessary for the with the Bonds “immobilized” in the entry system (as described in Sec- registration, exchange and transfer custody of the Depository. The book tion 3 hereof), debt charges on the of Bonds as provided in this Section entry maintained by others than the Bonds will be payable in lawful (the “Bond Register”). The person in City is the record that identifies the money of the United States by wire whose name a Bond is registered on owners of beneficial interests in those transfer to the Depository made by the Bond Register shall be regarded Bonds and that principal and interest. the Escrow Agent on each Interest as the absolute owner of that Bond for “Depository” means any securities Payment Date. all purposes of this Ordinance. Pay- depository that is a clearing agency This Series Bond Ordinance is ment of or on account of the debt under federal law operating and enacted pursuant to the General Bond charges on any Bond shall be made maintaining, with its Participants or Ordinance. The General Bond Ordi- only to or upon the order of that per- otherwise, a book entry system to nance, except for the third paragraph son; neither the City nor the Registrar record ownership of beneficial inter- of Section 13(a) (pertaining general- shall be affected by any notice to the ests in bonds or the principal and ly to an adjustment of the interest contrary, but the registration may be interest, and to effect transfers of rate in an event of default) and the changed as provided in this Section. bonds, in book entry form, and third paragraph of Section 4 (pertain- All such payments shall be valid and includes and means initially The ing generally to the periods during effectual to satisfy and discharge the Depository Trust Company (a limited which the City is not required to make City’s liability upon the Bond, includ- purpose trust company), New York, any transfers or exchanges of bonds ing interest, to the extent of the New York. issued under the General Bond Ordi- amount or amounts so paid. “Participant” means any partici- nance), will apply to the Bonds. Any Bond may be exchanged for pant contracting with a Depository Except for those provisions, the Gen- Bonds of any authorized denomina- under a book entry system and eral Bond Ordinance is included as a tion upon presentation and surrender includes security brokers and dealers, part of this Ordinance as fully as if at the principal corporate trust office banks and trust companies, and clear- restated in this Ordinance. Words and of the Registrar, together with a ing corporations. terms not otherwise defined in this request for exchange signed by the The Bonds may be issued to a Ordinance shall have the same mean- registered owner or by a person legal- Depository for use in a book entry ing as set forth in the General Bond ly empowered to do so in a form satis- system and, if and as long as a book Ordinance. factory to the Registrar. A Bond may entry system is utilized: (i) the Bonds Section 3. Execution, Authentica- be transferred only on the Bond Reg- may be issued in the form of a single, tion, Approval and Recording of the ister upon presentation and surrender fully registered Bond representing Bonds; Exchange and Transfer of the of the Bond at the principal corporate each maturity and registered in the Bonds; Paying Agents. trust office of the Registrar together name of the Depository or its nomi- The Bonds shall express upon their with an assignment signed by the reg- nee, as registered owner, and immobi- faces the purpose for which they are istered owner or by a person legally lized in the custody of the Depository; issued and that they are issued pur- empowered to do so in a form satis- (ii) the beneficial owners in book suant to this Ordinance. Pursuant to factory to the Registrar. Upon entry form shall have no right to Section 4 of the General Bond Ordi- exchange or transfer the Registrar receive Bonds in the form of physical nance, each Bond shall be authenti- shall complete, authenticate and securities or certificates; (iii) owner- cated by the manual signature of an deliver a new Bond or Bonds of any ship of beneficial interests in book authorized officer of the Trustee (as authorized denomination or denomi- entry form shall be shown by book defined therein). The Bonds shall be nations requested by the owner equal entry on the system maintained and signed by the City’s Mayor and by the in the aggregate to the unmatured operated by the Depository and its City’s Director of Finance, and, con- principal amount of the Bond surren- Participants, and transfers of the sistent with Section 133.27 of the Ohio dered and bearing interest at the ownership of beneficial interests Revised Code and notwithstanding same rate and maturing on the same shall be made only by book entry by Section 177.02 of the Codified Ordi- date. the Depository and its Participants; nances of the City, either or both of If manual signatures on behalf of and (iv) the Bonds as such shall not those signatures may be a facsimile. the City are required, the Registrar be transferable or exchangeable, The Bonds shall bear the seal of the shall undertake the exchange or except for transfer to another Deposi- City, which seal may be a facsimile transfer of Bonds only after the new tory or to another nominee of a Depos- seal. Pursuant to Section 83 of the Bonds are signed by the authorized itory, without further action by the City’s Charter, the Director of Law officers of the City. In all cases of City. shall prepare the Bonds and shall Bonds exchanged or transferred, the If any Depository determines not to endorse thereon his approval of the City shall sign and the Registrar continue to act as a Depository for the form and correctness thereof by his shall authenticate and deliver Bonds Bonds for use in a book entry system, manual or facsimile signature. in accordance with the provisions of the Director of Finance may attempt U.S. Bank National Association is this Ordinance. The exchange or to establish a securities appointed to act as the authenticating transfer shall be without charge to depository/book entry relationship agent, bond registrar, transfer agent the owner, except that the City and with another qualified Depository. If and paying agent for the Bonds (the Registrar may make a charge suffi- the Director of Finance does not or is “Registrar”). The Registrar shall also cient to reimburse them for any tax or unable to do so, the Registrar, after act as paying agent for the Bonds so other governmental charge required making provision for notification of long as the Bonds are held in a book to be paid with respect to the the beneficial owners by the then entry system. The Director of Finance exchange or transfer. The City or the Depository and any other arrange- is authorized to sign and deliver, in Registrar may require that those ments deemed necessary, shall permit the name and on behalf of the City, an charges, if any, be paid before the pro- withdrawal of the Bonds from the agreement between the City and the cedure is begun for the exchange or Depository, and the Trustee and Reg- Registrar (the “Registrar Agree- transfer. All Bonds issued and istrar shall authenticate and deliver ment”), approved as to form and cor- authenticated upon any exchange or bond certificates in registered form to 236 February 23, 2011 The City Record 19 the assigns of the Depository or its this Ordinance, not substantially thereon and any premium, shall be nominee, all at the cost and expense adverse to the City, and approved by expended and applied for the objects (including any costs of printing), if the Director of Finance and Director and purposes for which the Bonds are the event is not the result of City of Law on behalf of the City, all of issued. The proceeds of the Bonds to action or inaction, of those persons which shall be conclusively evi- be applied to pay costs of any Credit requesting such issuance. denced by the signing of the Bond Support Instruments obtained pur- The Director of Finance is also Purchase Agreement by the Director suant to Section 15 hereof shall be hereby authorized and directed to the of Finance. It is determined that the paid to the provider or providers of extent necessary or required to enter terms of the Bonds, as provided in this those Credit Support Instruments. into any agreements determined nec- Ordinance and as may be provided in The proceeds of the Bonds to be used essary in connection with the book or pursuant to the Certificate of to pay costs of issuing the Bonds shall entry system for the Bonds, after Award, are in the best interest of the be deposited with the Registrar in a determining that the signing thereof City and in compliance with all legal separate account under the Registrar will not endanger the funds or securi- requirements. Agreement pending their application ties of the City and after the approval Pursuant to Section 133.30(B) of the to the payment of such costs. Pur- of the form of any such agreement by Ohio Revised Code, the Director of suant to Chapter 133 of the Ohio the Director of Law. Finance may combine the Bonds with Revised Code and this Ordinance, and Section 4. Sale of Bonds. other bonds into a single consolidated notwithstanding Chapter 179 of the The Bonds shall first be offered for issue of bonds for purposes of their Codified Ordinances, any accrued purchase to the Trustees of the Sink- sale as a single issue to be designated interest and any premium received ing Fund and, if not purchased by “Various Purpose General Obligation from the sale of the Bonds shall be them, shall be offered to the Treasury Bonds, Series 2011” or such other des- deposited in the Unvoted Tax Sup- Investment Account for purchase and, ignation as may be set forth in the ported Obligations Account of the if not purchased for that Account, Certificate of Award. Such bonds Sinking Fund to be applied to the pay- shall be sold to one or more firms that shall contain a summary statement of ment of the principal of and interest have proposed to underwrite the purposes encompassing the purpose on the Bonds. Bonds and have been selected by the for which the Bonds are issued and Section 7. General Obligation. Director of Finance based on an eval- shall state that they are issued pur- The Bonds are secured by a pledge uation of the qualifications of those suant to this Ordinance. and lien on a parity with the pledges firms (collectively, the “Original Pur- Section 5. Provision for Levying and liens authorized by the General chaser”). and Collecting Tax. Bond Ordinance and, in addition to The Bonds shall be awarded to the For the purpose of providing the the taxes and revenues specifically Original Purchaser in the Certificate necessary funds to pay the interest on pledged pursuant to this Ordinance of Award which shall specify the the Bonds promptly when and as the and the General Bond Ordinance and final terms of the Bonds in accor- same falls due, and also to provide for the other covenants, terms and agree- dance with law, the provisions of this the discharge of the Bonds at maturi- ments provided hereunder and in the Ordinance, the written advice of a ty, there shall be and is levied on all General Bond Ordinance to secure financial advisor retained under the taxable property in the City, in payment of the principal of and inter- authority of Section 16 hereof and the addition to all other taxes, a direct est on the Bonds, the City hereby Original Purchaser’s offer to pur- tax annually during the period the determines, declares, warrants and chase the Bonds, including: the prin- Bonds are outstanding, in an amount covenants that the Bonds are general cipal amount of the Bonds, the pur- sufficient to provide for the payment obligations of the City and that the chase price (which shall be not less of that interest, when and as the same full faith and credit of the City are than 97% of the principal amount of shall fall due, and also to discharge hereby pledged for the payment of the the Bonds plus any accrued interest to the principal of the Bonds at maturi- principal of and interest on the Bonds their date of delivery), interest rate or ty, which tax shall not be less than in accordance with the laws and Con- rates, the amounts and years in which the interest and sinking fund tax stitution of the State of Ohio, this principal installments are payable required by Section 11 of Article XII Ordinance and the General Bond Ordi- (at stated maturity or pursuant to of the Constitution of Ohio. nance. Mandatory Sinking Fund Redemption The tax shall be and is ordered com- Section 8. Defeasance. Requirements), the Interest Payment puted, certified, levied and extended (a) Release of Ordinance. If the Dates and the date of the Bonds and upon the tax duplicate and collected City shall pay or cause to be paid and any other matters required in this by the same officers, in the same man- discharged all the outstanding Bonds, Ordinance to be set forth in that Cer- ner and at the same time that taxes or there shall otherwise be paid to the tificate. As appropriate under the for general purposes for each of those holders of the outstanding Bonds all Charter, the Mayor, Director of years are certified, extended and col- debt charges due or to become due Finance, Director of Law, Clerk of lected. The tax shall be placed before thereon, and provision shall also be Council and other appropriate offi- and in preference to all other items made for paying all other sums cers of the City are, and each of them and for the full amount thereof. The payable hereunder, then and in that is, authorized to take such actions as funds derived from those tax levies event this Ordinance (except for Sec- are necessary, appropriate and in the shall be placed in the Unvoted Tax tion 8(b) hereof) shall cease to be of best interest of the City to establish Supported Obligations Account of the further effect, and the covenants, the terms and requirements for deliv- Sinking Fund as required by the Gen- agreements and other obligations of ery of the Bonds and to make such eral Bond Ordinance, and those funds, the City under this Ordinance shall be arrangements as are necessary with together with the interest collected on discharged and satisfied, and there- the Original Purchaser in order to them, shall be irrevocably pledged for upon the Trustee shall at the request establish the date, location, proce- the payment of principal of and inter- of the City execute and deliver to the dures, and conditions for the delivery est on the Bonds when and as the City such instruments in writing as of the Bonds to the Original Purchas- same fall due; provided, however, shall discharge the lien hereof and er, to give all appropriate notices and that, subject to the provisions of Sec- enter on the record such discharge of certificates, to cause a true transcript tion 8 of the General Bond Ordinance, the lien and such other instruments as of proceedings with reference to the in each year to the extent that rev- may be reasonably required by the issuance of the Bonds to be delivered enues are available from other City. to the Original Purchaser, to sign any sources for the payment of the Bonds (b) Payment and Discharge of transcript certificates, financial and are appropriated for such pur- Bonds. Outstanding Bonds shall be statements and other documents and pose, the amount of such tax shall be deemed to have been paid and dis- instruments and to take such actions reduced by the amount of such rev- charged within the meaning of this as are necessary or appropriate to enues so available and appropriated. Ordinance, including without limita- consummate the transactions contem- This Council hereby covenants, on tion, Section 8(a) hereof, if: plated by this Ordinance and to take behalf of the City and its officials, (i) the Escrow Agent or Paying all steps necessary to effect the due pursuant to the authorization under Agent shall hold in special accounts execution, authentication and deliv- Sections 133.25(B)(1) and 5705.51 of or subaccounts, in trust for and irrev- ery of the Bonds. The Director of the Ohio Revised Code, and in accor- ocably committed solely thereto, suf- Finance is further authorized to sign dance with the provisions of and to ficient moneys; or and deliver on behalf of the City a the extent required or permitted by (ii) the Escrow Agent shall hold in bond purchase agreement between the General Bond Ordinance, that the special accounts or subaccounts, in the City and the Original Purchaser City will appropriate annually from trust for and irrevocably committed (the “Bond Purchase Agreement”), the proceeds of the City’s municipal solely thereto, direct obligations of approved as to form and correctness income taxes an amount as is neces- the United States certified by an inde- by the Director of Law, setting forth sary to meet the annual debt charges pendent public accounting firm of the terms and conditions on which the for the Bonds. national reputation to be of such City agrees to sell the Bonds and the Section 6. Application of Proceeds. maturities and interest payment Original Purchaser agrees to buy the The proceeds from the sale of the dates and to bear such interest, with- Bonds, which shall be consistent with Bonds, except for accrued interest out further investment or reinvest- 237 20 The City Record February 23, 2011 ment of either the principal amount in denominations of $5,000 or integral Notes are signed by the authorized thereof or the interest earnings there- multiples thereof. Interest shall be officers of the City. In all cases of from (likewise to be held in trust and payable semiannually on the dates Notes exchanged or transferred, the committed, except as hereinafter pro- set forth in the Note Certificate of City shall sign and the Note Registrar vided), as will be sufficient, together Award; provided that if the Notes shall authenticate and deliver Notes with moneys referred to in (i) above, mature on or before the end of the in accordance with the provisions of for the payment, at their maturities or twelfth month following their date of this Ordinance. The exchange or redemption dates, of all debt charges issuance, interest on the Notes shall transfer shall be without charge to on the Bonds to their date of maturity be payable at maturity. the owner, except that the City and or redemption, as the case may be, or U.S. Bank National Association is Note Registrar may make a charge if default in such payment shall have appointed to act as the authenticating sufficient to reimburse them for any occurred on such date then to the date agent, registrar, transfer agent and tax or other governmental charge of the tender of such payment; provid- paying agent for the Notes (the “Note required to be paid with respect to the ed, that if any Bonds are to be Registrar”). The Escrow Agent also exchange or transfer. The City or the redeemed prior to the maturity there- shall act as paying agent for the Note Registrar may require that those of, notice of such redemption shall Notes if the Notes are held in a book charges, if any, be paid before the pro- have been duly given or irrevocable entry system. The Director of Finance cedure is begun for the exchange or provision satisfactory to the Trustee shall sign and deliver, in the name transfer. All Notes issued and authen- shall have been duly made for the giv- and on behalf of the City, an agree- ticated upon any exchange or trans- ing of such notice. Any moneys held ment among the City, the Note Regis- fer shall be valid obligations of the by the Escrow Agent in accordance trar and the Escrow Agent (the “Note City, evidencing the same debt, and with the provisions of this Section Registrar Agreement”) providing for entitled to the same security and ben- shall be invested by the Escrow services relating to the registration, efit under this Ordinance, as the Notes Agent in direct obligations of the transfer, exchange and payment of surrendered upon that exchange or United States of America maturing, or Notes on terms that are approved by transfer. redeemable at the option of the hold- the Director of Finance on behalf of Pursuant to Section 133.30(B) of the er, at times and in amounts sufficient the City. That approval shall be con- Ohio Revised Code, the Director of to meet payment of debt charges on clusively evidenced by the signing of Finance may combine the Notes with the Bonds, as directed by the Director the Note Registrar Agreement by the other bond anticipation notes of the of Finance. Any income or interest Director of Finance. The Director of City for purposes of their sale as a sin- earned by, or increment to, the invest- Finance shall provide for the pay- gle issue to be designated “Various ments held under this Section shall, to ment of the services rendered and for Purpose General Obligation Bond the extent determined from time to reimbursement of expenses incurred Anticipation Notes.” The Notes shall time by the Escrow Agent to be in pursuant to the Note Registrar Agree- contain a summary statement of pur- excess of the amount required to be ment from the proceeds of the Notes to poses encompassing the purpose for held by it for the purposes of this Sec- the extent available and then from which the Notes are issued and shall tion, be transferred at the time of other money lawfully available and state that they are issued pursuant to such determination as provided in appropriated or to be appropriated for this Ordinance. Section 17(a) of the General Bond that purpose. (b) Execution and Payment of the Ordinance for unclaimed funds held So long as any of the Notes remain Notes. The Notes shall express upon by a Paying Agent. In the event of outstanding, the City will cause the their faces the purpose for which they nonpresentment of any Bond as Note Registrar to maintain and keep are issued and that they are issued described in Section 17(a) of the Gen- at its principal corporate trust office pursuant to this Ordinance. Each Note eral Bond Ordinance, the moneys held all books and records necessary for shall be authenticated by the manual pursuant to this Section shall be held the registration, exchange and trans- signature of an authorized officer of and paid as provided in said Sec- fer of Notes as provided in this Section the Trustee (as defined therein). The tion 17(a) for unclaimed funds held (the “Note Register”). The person in Notes shall be signed by the City’s by a Paying Agent. whose name a Note is registered on Mayor and by the City’s Director of Section 9. Bond Anticipation Notes. the Note Register shall be regarded as Finance, and, consistent with Section For the purpose of raising money in the absolute owner of that Note for all 133.27 of the Ohio Revised Code and anticipation of the issuance of the purposes of this Ordinance. Payment notwithstanding Section 177.02 of the Bonds for the purpose set forth in Sec- of or on account of the debt charges Codified Ordinances of the City, tion 1 hereof, notes of the City may be on any Note shall be made only to or either or both of those signatures may issued in an aggregate principal upon the order of that person; neither be a facsimile. The Notes shall bear amount not to exceed Two Million the City nor the Note Registrar shall the seal of the City, which seal may be Ninety-Five Thousand Dollars be affected by any notice to the con- a facsimile seal. Pursuant to Sec- ($2,095,000) (the “Notes”) upon the trary, but the registration may be tion 83 of the City’s Charter, the Direc- direction of the Director of Finance to changed as provided in this Section. tor of Law shall prepare the Notes and be set forth in a certificate providing All such payments shall be valid and shall endorse thereon his approval of for the final terms of the Notes and effectual to satisfy and discharge the the form and correctness thereof by the sale of the Notes and signed by the City’s liability upon the Note, includ- his manual or facsimile signature. Director of Finance (the “Note Certifi- ing interest, to the extent of the (c) Sale of the Notes. The Notes cate of Award”). amount or amounts so paid. shall first be offered for purchase to (a) Terms of the Notes. The Notes Any Note may be exchanged for the Trustees of the Sinking Fund and, shall bear interest at such rate, not Notes of any authorized denomination if not purchased by them, shall be exceeding seven percent (7%) per upon presentation and surrender at offered to the Treasury Investment year, as may be fixed by the Director the principal corporate trust office of Account for purchase and, if not pur- of Finance of the City in the Note Cer- the Note Registrar, together with a chased for that Account, shall be sold tificate of Award; shall be dated their request for exchange signed by the to one or more firms that have pro- date of issuance; shall mature on the registered owner or by a person legal- posed to underwrite the Notes and date set forth in the Note Certificate ly empowered to do so in a form satis- have been selected by the Director of of Award, which shall be no later than factory to the Note Registrar. A Note Finance based on an evaluation of the five years from such date of issuance; may be transferred only on the Note qualifications of those firms (the shall be subject to redemption by the Register upon presentation and sur- “Note Purchaser”) in the principal City at any time prior to maturity render of the Note at the principal cor- amount set forth in a certificate of without penalty, provided that, if the porate trust office of the Note Regis- award to be executed by the Director Director of Finance, based on the trar together with an assignment of Finance (the “Note Certificate of advice of a financial advisor, deter- signed by the registered owner or by Award”) at not less than par and mines that it is in the best interest of a person legally empowered to do so accrued interest and at a rate not the City in order to enhance the mar- in a form satisfactory to the Note Reg- exceeding that set forth in Section 10 ketability of the Notes, the Director of istrar. Upon exchange or transfer the hereof. The proceeds of such sale Finance may cause the Notes to not be Note Registrar shall complete, shall be paid into the proper fund and redeemable for a period which ends authenticate and deliver a new Note used for the purpose for which the no later than the date which is two or Notes of any authorized denomina- Notes are being issued under the pro- years following the date of issuance tion or denominations requested by visions of this Ordinance. of the Notes; shall be designated the owner equal in the aggregate to (d) Security for the Notes. The “Parks and Recreation Facilities the unmatured principal amount of Notes shall be the full general obliga- Improvement Bond Anticipation the Note surrendered and bearing tions of the City, and the full faith, Notes”; shall be issued in such num- interest at the same rate and matur- credit and revenue of the City are bers and denominations as may be ing on the same date. hereby pledged for the prompt pay- requested by the Note Purchaser If manual signatures on behalf of ment of the same. The par value to be (hereinafter defined); and shall be the City are required, the Note Regis- received from the sale of the Notes issued in fully registered form (which trar shall undertake the exchange or and any excess funds resulting from may be in a book entry only system) transfer of Notes only after the new the issuance of the Notes shall, to the 238 February 23, 2011 The City Record 21 extent necessary, be used for the such manner as may be required for refrain from certain uses of those pro- retirement of the Notes at maturity, purposes of the SEC Rule. In order to ceeds, and, as applicable, of property together with the interest thereon, describe and specify certain terms of financed with such proceeds, all in and are hereby pledged for such pur- the City’s continuing disclosure such manner and to the extent neces- pose. agreement for that purpose, and sary to assure such exclusion of that Section 10. Provision for Levying thereby to implement that agreement, interest under the Code. and Collecting Tax. including provisions for enforcement, Each covenant made in this Section During the year or years while the amendment and termination, the with respect to the Notes and the Notes are outstanding there shall be Director of Finance is authorized and Bonds is also made with respect to all levied on all the taxable property in directed to prepare, or cause to be pre- issues any portion of the debt service the City, in addition to all other taxes pared, and to sign and deliver, in the on which is paid from proceeds of the but within tax limitations, a direct name and on behalf of the City, a con- Notes or the Bonds (and, if different, tax annually not less than that which tinuing disclosure agreement or cer- the original issue and any refunding would have been levied if bonds had tificate, which shall constitute the issues in a series of refundings), to been issued therefor without the prior continuing disclosure agreement the extent such compliance is neces- issue of the Notes. That tax shall be made by the City for the benefit of the sary to assure exclusion of interest on and is ordered computed, certified, holders and beneficial owners of the the Notes and the Bonds from gross levied and extended upon the tax Notes or the Bonds, as the case may income for federal income tax purpos- duplicate and collected by the same be, in accordance with the SEC Rule. es, and the officers identified above officers, in the same manner and at The performance of that agreement are authorized to take actions with the same time that taxes for general shall be subject to the availability of respect to those issues as they are purposes for each year are certified, funds and their annual appropriation authorized in this Section to take with extended and collected. That tax to meet costs the City would be respect to the Notes and the Bonds. shall be placed before and in prefer- required to incur to perform it. The The Director of Finance, as the fis- ence to all other items and for the full Director of Finance is further autho- cal officer, or any other officer of the amount thereof. The funds derived rized and directed to establish proce- City having responsibility for from the tax levies required by this dures in order to ensure compliance issuance of the Notes and the Bonds is Ordinance shall be placed in the by the City with its continuing disclo- hereby authorized (a) to make or Unvoted Tax Supported Obligations sure agreement, including the timely effect any election, selection, desig- Account, and those funds, together provision of information and notices. nation, choice, consent, approval, or with the interest collected on them, Section 12. Miscellaneous. waiver on behalf of the City with shall be irrevocably pledged for the (a) Any provisions of the Codified respect to the Notes and the Bonds as payment of the principal and interest Ordinances of the City that are incon- the City is permitted or required to of the Notes or the Bonds in anticipa- sistent with the provisions of this make or give under the federal tion of which they are issued, when Ordinance and the General Bond Ordi- income tax laws, including, without and as the same falls due; provided, nance shall not apply to the Bonds or limitation thereto, any of the elec- however, that in each year to the the Notes authorized herein. tions provided for in extent that revenues are available (b) All covenants, terms and provi- Section 148(f)(4)(C) of the Code or from other sources for the payment of sions of the General Bond Ordinance available under Section 148 of the the Notes and Bonds and are appropri- are fully applicable to the Bonds and Code, for the purpose of assuring, ated for such purpose, the amount of the Notes authorized herein, and noth- enhancing or protecting favorable such direct tax upon all of the taxable ing in this Ordinance shall be deemed tax treatment or status of the Notes property in the City may be reduced to alter or restrict such full applica- and the Bonds or interest thereon or by the amount of such revenues so tion of the General Bond Ordinance, assisting compliance with require- available and appropriated. except for the exclusion from applica- ments for that purpose, reducing the Section 11. Official Statement; Con- tion to the Bonds and the Notes autho- burden or expense of such compli- tinuing Disclosure. rized herein of the provisions of the ance, reducing the rebate amount or If, in the judgment of the Director third paragraph of Section 13(a) and payments or penalties, or making of Finance, a disclosure document the third paragraph of Section 4 of the payments of special amounts in lieu (each, an “Official Statement”) is General Bond Ordinance, pursuant to of making computations to deter- appropriate or necessary in connec- Section 2 hereof. mine, or paying, excess earnings as tion with the sale of the Notes or the Section 13. Captions. rebate, or obviating those amounts or Bonds, the Director of Finance is The captions or headings in this payments, as determined by that offi- authorized to prepare or cause to be Ordinance are for convenience only cer, which action shall be in writing prepared on behalf of the City an Offi- and in no way define, limit or describe and signed by the officer, (b) to take cial Statement with respect to the the scope or intent of any provisions any and all other actions, make or Notes or the Bonds, as the case may or sections of this Ordinance. obtain calculations, make payments, be, and any necessary supplements Section 14. Federal Tax Covenants. and make or give reports, covenants and to authorize the use and distribu- The City covenants that it will use, and certifications of and on behalf of tion of each Official Statement and and will restrict the use and invest- the City, as may be appropriate to any supplements. The Director of ment of, the proceeds of the Notes and assure the exclusion of interest from Finance is authorized to sign on the Bonds in such manner and to such gross income and the intended tax behalf of the City and in her official extent as may be necessary so that status of the Notes and the Bonds, and capacity each Official Statement and (a) the Notes and the Bonds will not (c) to give one or more appropriate any supplements approved by her. (i) constitute private activity bonds, certificates of the City, for inclusion The Director of Finance is authorized arbitrage bonds or hedge bonds under in the transcript of proceedings for to sign and deliver on behalf of the Sections 141, 148 or 149 of the Internal the Notes and the Bonds, setting forth City and in her official capacity such Revenue Code of 1986, as amended the reasonable expectations of the certificates in connection with the (the “Code”) or (ii) be treated other City regarding the amount and use of accuracy of each Official Statement than as bonds to which Section 103(a) all the proceeds of the Notes and the and any supplements as may, in the of the Code applies, and (b) the inter- Bonds, the facts, circumstances and judgment of the Director of Finance, est thereon will not be treated as an estimates on which they are based, be necessary or appropriate. The item of tax preference under Sec- and other facts and circumstances rel- Director of Finance is also authorized tion 57 of the Code. evant to the tax treatment of the to determine and certify on behalf of The City further covenants that (a) interest on and the tax status of the the City that such disclosure docu- it will take or cause to be taken such Notes and the Bonds. ment is “deemed final” by the City actions that may be required of it for Section 15. Credit Enhancement and within the meaning of Securities and the interest on the Notes and the Ratings. Exchange Commission Rule 15c2-12 Bonds to be and to remain excluded If, in the judgment of the Director (the “SEC Rule”). The Director of from gross income for federal income of Finance, based on the written Finance is authorized to contract for tax purposes, (b) it will not take or advice of a Financial Advisor, the fil- services for the production and distri- authorize to be taken any actions that ing of an application for a rating on bution of preliminary and final Offi- would adversely affect that exclu- the Bonds or designated portion cial Statements, including by printed sion, and (c) it, or persons acting for thereof by one or more nationally rec- and electronic means. it, will, among other acts of compli- ognized rating agencies is in the best For the benefit of the holders and ance, (i) apply the proceeds of the interest of the City, the Director of beneficial owners from time to time of Notes and the Bonds to the govern- Finance is authorized to prepare and the Notes or the Bonds, the City mental purpose of the borrowing, (ii) submit those applications and to pro- agrees, in accordance with, and as the restrict the yield on investment prop- vide to each such agency such infor- only obligated person with respect to erty acquired with those proceeds, mation as may be required for the pur- the Notes and the Bonds under the (iii) make timely and adequate pay- pose. The Director of Finance is SEC Rule, to provide or cause to be ments to the federal government, (iv) authorized to contract for one or more provided such financial information maintain books and records and make Credit Support Instruments for the and operating data and notices, in calculations and reports, and (v) Bonds or designated portions thereof 239 22 The City Record February 23, 2011 if the Director determines, based on any such section or part of a section and thereafter amended that ordi- the written advice of a Financial or any provision thereof, or the appli- nance by Ordinance No. 1112-83, Advisor, that the Credit Support cation thereof to any person or cir- passed May 6, 1983, and Ordinance No. Instruments will result in debt ser- cumstance, is held to be invalid, the 944-96, passed June 10, 1996 (Ordi- vice savings to the City. As used in remaining sections or parts of sec- nance No. 1749-80, as so amended and this Section, “Credit Support tions and the application of such pro- as the same may further be amended Instrument” means an insurance poli- visions to any other person or circum- from time to time in accordance with cy, surety, letter of credit, or other stance, other than those as to which it its provisions, is referred to as the instrument used to enhance or pro- is held invalid, shall not be affected “General Bond Ordinance”), provid- vide for the security of Bonds. The thereby, and it is hereby declared to ing the general terms and provisions cost of obtaining each rating and the be the legislative intent that the other for the issuance of unvoted general cost of obtaining each Credit Support provisions of this Ordinance would obligations of the City, with the spe- Instrument, except to the extent paid have been passed independently of cific terms of each series of Bonds to by the Original Purchasers in accor- such section, or parts of a section, so be contained in ordinances authoriz- dance with the Bond Purchase Agree- held to be invalid. ing the issuance of Bonds in accor- ment, shall be paid from the proceeds Section 21. Legislative Intent. dance with the provisions thereof of Bonds or funds appropriated for All terms, conditions, pledges, (the “Series Bond Ordinances”); and that purpose. covenants or agreements on the part Whereas, the authorization for Section 16. Financial Advisor. of the City provided for in this Ordi- issuance of the Bonds is necessary to The Director of Finance may obtain nance are made by the voluntary act provide funds to pay the costs of cer- the services of one or more financial of the City under its lawful authority, tain permanent improvements advisors, from time to time, to assist including its authority under its Char- described in Section 1 hereof that are the Director of Finance in making ter and Article XVIII of the Constitu- urgently needed for the benefit of the any of the determinations required by tion of Ohio. City, and as a result, this Ordinance this Ordinance to be determined by Nothing in this Ordinance is intend- constitutes an emergency measure the Director of Finance. The Director ed to, and no provision hereof shall be providing for the immediate preserva- of Finance may rely on the written applied in any manner as would, tion of the public peace, property, advice of any financial advisor so impair the obligation of contract of health and safety, and for the usual retained. Any financial advisor the City with respect to any outstand- daily operation of a municipal depart- employed under the authority of this ing bonds, notes, certificates of ment; now, therefore, Ordinance shall be disinterested in indebtedness, other obligations, trust Be it ordained by the Council of the the transaction and be independent of indentures, trust agreements, or other City of Cleveland: the Original Purchasers and any agreements or contracts made or Section 1. Purpose. other party interested in the transac- It is deemed necessary to issue the tion. entered into by the City and for which consideration was duly received by Bonds in an aggregate principal Section 17. Open Meeting Determi- amount not to exceed Fifteen Million nation. the City prior to the passage of this Ordinance or the General Bond Ordi- One Hundred Fifty-Five Thousand It is found and determined that all Dollars ($15,155,000) for the purpose formal actions of this Council and of nance. Section 22. Emergency Measure. of providing funds to improve the any of its committees concerning and municipal street system and related relating to the passage of this Ordi- This Ordinance is declared to be an emergency measure for the immedi- facilities, including streets, express- nance were taken, and that all delib- ways, roadways, driveways, under- erations of this Council and any of its ate preservation of the public peace, property, health and safety of the City ground vaults, sidewalks, bikeways committees that resulted in these for- and walkways, by acquiring, con- mal actions were held, in meetings by providing funds to pay the costs of certain permanent improvements structing, reconstructing, opening, open to the public in compliance with extending, widening, grading, drain- all legal requirements, including, which are urgently needed for the benefit of the City and for the usual ing, paving, resurfacing, lighting and without limitation, Section 121.22 of curbing, removing or reconstructing the Ohio Revised Code. daily operation of a municipal depart- ment, and, provided this Ordinance underground vaults to preserve the Section 18. Findings and Recitals of public right of way, installing gut- Validity. receives the affirmative vote of two- thirds of all members elected to Coun- ters, sidewalks and related pedestri- It is hereby determined, represent- an improvements, constructing and ed and recited that all acts, conditions cil, it shall take effect and be in force immediately upon its passage and improving culverts, resetting and and things necessary to be done constructing catch basins and other precedent to and in the issuing of the approval by the Mayor; otherwise it shall take effect and be in force from storm drainage facilities, construct- Bonds and the Notes in order to make ing, reconstructing, replacing, reno- them legal, valid and binding obliga- and after the earliest date allowed by law. vating and rehabilitating bridges, tions of the City have happened, been acquiring any real estate and inter- Passed February 14, 2011. done and been performed in regular ests in real estate, including ease- and due form as required by law; and Effective February 18, 2011. ments, necessary for such purpose, that no limitation of indebtedness or and installing signs, signals, mark- taxation, either statutory or constitu- ings and other devices for traffic con- tional, will have been exceeded in the trol purposes, together with all neces- issuance of the Bonds or the Notes. It Ord. No. 130-11. sary and incidental appurtenances, is further found and determined, and By Council Member Sweeney (by and to pay any capitalized interest is hereby represented and recited, departmental request). and all expenses incurred in connec- that the provisions of Sections 28, 29, An emergency ordinance authoriz- tion with the issuance of the securi- 32, 33 (including the provisions of Sec- ing the issuance and sale of bonds in ties, including all financing costs tion 33 with respect to readings on the maximum principal amount of within the meaning of Sec- three separate days or dispensing $15,155,000 for the purpose of provid- tion 133.01(K) of the Ohio Revised with such readings by a two-thirds ing funds to improve the municipal Code and such other costs of the fore- vote of all members of the Council), street system and related facilities going permanent improvements that 36, 37, 48 and all other applicable pro- and authorizing related matters. may be financed with the proceeds of visions of the City’s Charter and the Whereas, this Council desires to securities as permitted by Sec- rules of this Council have been fully issue bonds in an aggregate principal tion 133.15(B) of the Ohio Revised complied with and this Ordinance was amount not to exceed Fifteen Million Code and as otherwise permitted by passed in conformity therewith. One Hundred Fifty-Five Thousand law. Section 19. Delivery to County. Dollars ($15,155,000) (the “Bonds”) to Section 2. Authority and Terms. The Director of Finance is directed finance the costs of certain perma- The Bonds shall be issued pursuant to forward a certified copy of this nent improvements described in Sec- to the provisions of Article XVIII of Ordinance and of the Certificate of tion 1 of this ordinance (this “Ordi- the Constitution of Ohio, Chapter 133 Award for the Bonds and any Note nance”); and of the Ohio Revised Code and other Certificate of Award to the appropri- Whereas, the Director of Finance, applicable provisions of the Ohio ate official of the County of Cuya- as fiscal officer of this City, has pre- Revised Code, the Charter of the City, hoga, Ohio and to secure a receipt viously certified to this Council that the General Bond Ordinance and this therefor. the estimated life or usefulness of the Ordinance for the purpose stated in Section 20. Severability. improvements to be financed with the Section 1 hereof. The Bonds shall be Each section and each part of each proceeds of the Bonds is at least five designated “Bridges and Roadways section of this Ordinance is hereby years and that the maximum maturi- Improvement Bonds” and may con- declared to be an independent section ty of the Bonds is 18 years, as evi- tain such further designation as pro- or part of a section and, notwithstand- denced by the Certificate contained in vided in the certificate of award pro- ing any other evidence of legislative File No. 130-11-A; and viding for the final terms of the Bonds intent, it is hereby declared to be the Whereas, this Council passed Ordi- and the sale of the Bonds signed by controlling legislative intent that if nance No. 1749-80 on October 8, 1980, the Director of Finance in accordance 240 February 23, 2011 The City Record 23 with this Ordinance (the “Certificate Bank, for payment of principal of and place as of any applicable Mandatory of Award”). The Bonds shall be issued interest on any Term Bonds shall Redemption Date, the Bonds, or por- in one lot as fully registered Bonds in include amounts sufficient to redeem tions thereof, to be redeemed option- denominations of $5,000 or any inte- on the Mandatory Redemption Dates ally shall be selected by lot prior to gral multiple thereof. The Bonds the principal amount of Term Bonds the selection by lot of the Bonds to be shall be numbered as determined by payable on those dates pursuant to redeemed on the same date by opera- the Director of Finance. the Mandatory Sinking Fund tion of the Mandatory Sinking Fund The Bonds shall be issued in the Redemption Requirements (less the Redemption Requirements of para- principal amount specified in the Cer- amount of any credit as provided graph (a). The Bonds shall be tificate of Award, which shall not below). redeemed pursuant to this paragraph exceed the amount stated in Section 1 The City shall have the option to only upon written notice from the hereof. The Bonds shall be dated the deliver to the Registrar (as defined in Director of Finance to the Registrar. date and shall bear interest from their Section 3 hereof) for cancellation That notice shall specify the redemp- date until the principal amount is Term Bonds in any aggregate princi- tion date and the principal amount of paid at the rate or rates per year spec- pal amount and to receive a credit each maturity of Bonds to be ified in the Certificate of Award, pro- against the then-current Mandatory redeemed, and shall be given at least vided that the weighted average of Sinking Fund Redemption Require- 45 days prior to the redemption date such rates (taking into account the ment (and corresponding mandatory or such shorter period as shall be principal amount and maturity of redemption obligation) of the City for acceptable to the Registrar. There each Bond to which a rate applies) any Term Bonds. That option shall be shall be deposited with the Registrar shall not exceed seven percent (7%) exercised by the City on or before the on or prior to the redemption date per year. Interest on the Bonds shall forty-fifth day preceding the applica- funds sufficient to redeem at the be payable when due, or until the ble Mandatory Redemption Date, by redemption price all of the principal amount is paid, semiannual- furnishing the Escrow Agent a cer- redeemable Bonds for which notice of ly as specified in the Certificate of tificate, signed by the Registrar, set- redemption has been given. Award as the dates on which interest ting forth the extent of the credit to (c) Purchase in Lieu of Redemp- on the Bonds shall be payable (the be applied with respect to the then- tion. If and to the extent provided in “Interest Payment Dates”), beginning current Mandatory Sinking Fund the Certificate of Award, the City may on the date specified in the Certificate Redemption Requirement. If the cer- elect to purchase Bonds called for of Award as the first Interest Pay- tificate is not timely furnished to the optional redemption in lieu of redeem- ment Date. Escrow Agent, the Mandatory Sink- ing those Bonds. That election shall The Bonds shall mature in the ing Fund Redemption Requirement be exercised by written direction years and principal amounts as shall (and corresponding mandatory from the Director of Finance to the be permitted by law and determined redemption obligation) shall not be Registrar and the Escrow Agent. by the Director of Finance and speci- reduced. A credit against the then- That written direction shall state fied in the Certificate of Award, based current Mandatory Sinking Fund whether all or less than all of the on the written advice of a Financial Redemption Requirement (and corre- Bonds called for optional redemption Advisor to be in the best interests of sponding mandatory redemption are to be purchased by the City in lieu the City, provided that (i) each prin- obligation) also shall be received by of redemption, shall identify the cipal payment shall occur on an Inter- the City for any Term Bonds that Bonds to be purchased by their matu- est Payment Date, (ii) the first prin- prior thereto have been redeemed rity date and shall specify the princi- cipal payment on the Bonds shall be (other than through the operation of pal amount of each maturity to be pur- no earlier than November 15, 2011 and the Mandatory Sinking Fund chased in lieu of redemption. If less no later than December 31, 2013, (iii) Redemption Requirements) or pur- than all of the Bonds called for option- the final maturity date of the Bonds chased for cancellation and cancelled al redemption are to be purchased in shall be no later than 18 years from by the Registrar, to the extent not lieu of redemption, the amount of that date which is 12 months prior to applied theretofore as a credit each maturity to be purchased shall the first date on which provision for against any mandatory redemption be in amounts of $5,000 or integral payment of principal is made, and obligation. multiples of $5,000. Any Bonds called (iv) the principal amount thereof Each Term Bond so delivered, or for optional redemption that are not shall be payable in annual install- previously redeemed, or purchased to be purchased shall be redeemed in ments such that the total principal and cancelled, shall be credited by the accordance with their redemption pro- and interest payments on the Bonds Escrow Agent at 100% of the princi- visions. The purchase price of the in any fiscal year in which principal pal amount thereof against the then- Bonds to be purchased in lieu of is payable is not more than three current Mandatory Sinking Fund redemption shall be equal to the prin- times the amount of those payments Redemption Requirement (and corre- cipal of, any accrued but unpaid inter- in any other fiscal year. sponding mandatory redemption est on, and any premium that would The Bonds stated to mature in any obligation). Any excess of that have been payable on the Bonds on year may be issued as term bonds (the amount over the then-current Manda- the redemption date if the Bonds had “Term Bonds”), payable pursuant to tory Sinking Fund Redemption been optionally redeemed instead of Mandatory Sinking Fund Redemption Requirement shall be credited being purchased. No notice of the pur- Requirements as defined and further against subsequent Mandatory Sink- chase in lieu of redemption is described below. The Director of ing Fund Redemption Requirements required to be given to the owners of Finance shall determine in the Cer- (and corresponding mandatory the Bonds in addition to the notice of tificate of Award whether any of the redemption obligations) in the order redemption required by this Ordi- Bonds shall be issued as Term Bonds, directed by the Director of Finance. nance. The Escrow Agent or Regis- any dates (the “Mandatory Redemp- (b) Optional Redemption. The trar, as paying agent, shall not pur- tion Dates”) on which the principal Bonds may be subject to redemption chase Bonds if sufficient moneys amount of the Term Bonds shall be prior to maturity by and at the option have not been deposited with the payable pursuant to mandatory sink- of the City, in whole or in part on any Escrow Agent or Registrar, as paying ing fund installments rather than at date, in integral multiples of $5,000, agent, by the City for the purpose. On stated maturity and the amount of on the optional redemption dates and or prior to the scheduled date for principal to be paid on each Mandato- at the redemption prices (expressed optional redemption, the City may ry Redemption Date (the “Mandatory as a percentage of the principal rescind its direction to purchase the Sinking Fund Redemption Require- amount redeemed) specified in the Bonds in lieu of redemption by writ- ments”). Certificate of Award, plus, in each ten notice from the Director of The Bonds shall be subject to case, accrued interest to the redemp- Finance to the Registrar and the redemption or purchase prior to stat- tion date. The first optional redemp- Escrow Agent. In the event that the ed maturity as follows: tion date shall not be later than ten direction to purchase is rescinded, the (a) Mandatory Sinking Fund years from the first Interest Payment Bonds shall be redeemed on the Redemption. If any of the Bonds are Date, and the highest redemption redemption date set forth in the notice issued as Term Bonds, the Term price shall not be greater than 102% of redemption delivered to the owners Bonds shall be subject to mandatory of the principal amount redeemed of the Bonds and in accordance with sinking fund redemption and be plus accrued interest to the redemp- the provisions of this Ordinance. redeemed pursuant to Mandatory tion date. Based on the written advice (d) Partial Redemption or Pur- Sinking Fund Redemption Require- of a financial advisor, the Director of chase. If fewer than all of the out- ments, at a redemption price of 100% Finance may determine in the Certifi- standing Bonds are called for redemp- of the principal amount redeemed, cate of Award that it is in the best tion at one time (whether for redemp- plus interest accrued to the redemp- interests of the City for some or all of tion or purchase in lieu of redemp- tion date, on the Mandatory Redemp- the Bonds not to be callable prior to tion), they shall be called in the order tion Dates. their stated maturity. of maturities directed by the Director The aggregate of the moneys to be If optional redemption at a price of Finance. If fewer than all Bonds of deposited with the Escrow Agent, cur- exceeding 100% of the principal a single maturity are to be redeemed rently The Huntington National amount to be redeemed is to take or purchased in lieu of redemption, 241 24 The City Record February 23, 2011 the selection of Bonds to be redeemed tion date, and, if notice of redemption seal. Pursuant to Section 83 of the or purchased, or portions thereof in has been deposited in the mail, then City’s Charter, the Director of Law amounts of $5,000 or any integral mul- from and after the redemption date shall prepare the Bonds and shall tiple thereof, shall be made by the those Bonds and portions thereof endorse thereon his approval of the Registrar by lot in a manner deter- called for redemption shall cease to form and correctness thereof by his mined by the Registrar. In the case of bear interest and no longer shall be manual or facsimile signature. a partial redemption or purchase of considered to be outstanding. If that U.S. Bank National Association is Bonds by lot when Bonds of denomi- money shall not be so available on the appointed to act as the authenticating nations greater than $5,000 are then redemption date, or that notice shall agent, bond registrar, transfer agent outstanding, each $5,000 unit of prin- not have been deposited in the mail, and paying agent for the Bonds (the cipal thereof shall be treated as those Bonds and portions thereof “Registrar”). The Registrar shall also though it were a separate Bond of the shall continue to bear interest, until act as paying agent for the Bonds so denomination of $5,000. If it is deter- they are paid, at the same rate as they long as the Bonds are held in a book mined that one or more, but not all of would have borne had they not been entry system. The Director of Finance the $5,000 units of principal amount called for redemption. All money held is authorized to sign and deliver, in represented by a Bond are to be called by the Registrar for the redemption of the name and on behalf of the City, an for redemption, then upon notice of particular Bonds shall be held in trust agreement between the City and the redemption of a $5,000 unit or units, for the account of the registered own- Registrar (the “Registrar Agree- the registered owner of that Bond ers and shall be paid to them, respec- ment”), approved as to form and cor- shall surrender the Bond to the Regis- tively, upon presentation and surren- rectness by the Director of Law, pro- trar (i) for payment of the redemption der of those Bonds. viding for services relating to the reg- or purchase price of the $5,000 unit or The debt charges on the Bonds istration, transfer, exchange and pay- units called for redemption (includ- shall be payable in lawful money of ment of the Bonds on terms approved ing, without limitation, the interest the United States of America without by the Director of Finance on behalf accrued to the date fixed for redemp- deduction for the services of the Reg- of the City and consistent with this tion and any premium), and (ii) for istrar or Escrow Agent as paying Ordinance and not substantially issuance, without charge to the regis- agent. Principal shall be payable adverse to the City. That approval tered owner thereof, of a new Bond or when due upon presentation and sur- shall be conclusively evidenced by Bonds of any authorized denomina- render of the Bonds at the principal the signing of the Registrar Agree- tion or denominations in an aggre- corporate trust office of the Regis- ment by the Director of Finance. The gate principal amount equal to the trar. Interest on a Bond shall be paid Director of Finance shall provide for unmatured portion of the Bond not on each Interest Payment Date by the payment of the services rendered redeemed or purchased and bearing check or draft mailed to the person in and for reimbursement of expenses interest at the same rate and matur- whose name the Bond was registered, incurred pursuant to the Registrar ing on the same date as the Bond sur- and to that person’s address appear- Agreement from the proceeds of the rendered. ing, on the Bond Register (as defined Bonds to the extent available and (e) Notice of Redemption. The in Section 3 hereof) at the close of then from other money lawfully avail- notice of the call for redemption of business on the date provided in the able and appropriated or to be appro- Bonds shall identify (i) by designa- Registrar Agreement authorized and priated for that purpose. tion, letters, numbers or other distin- defined in Section 3 hereof (the So long as any of the Bonds remain guishing marks, the Bonds or por- “Record Date”). Notwithstanding any outstanding, the City will cause the tions thereof to be redeemed, (ii) the contrary provision in the General Registrar to maintain and keep at its redemption price to be paid, (iii) the Bond Ordinance, so long as the Bonds principal corporate trust office all date fixed for redemption, and (iv) are held by a Depository in a book books and records necessary for the the place or places where the amounts entry system (as described in Sec- registration, exchange and transfer due upon redemption are payable. tion 3 hereof), debt charges on the of Bonds as provided in this Section The notice shall be given by the Reg- Bonds will be payable in lawful (the “Bond Register”). The person in istrar on behalf of the City by mailing money of the United States by wire whose name a Bond is registered on a copy of the redemption notice by transfer to the Depository made by the Bond Register shall be regarded first-class mail, postage prepaid, at the Escrow Agent on each Interest as the absolute owner of that Bond for least 30 days prior to the date fixed Payment Date. all purposes of this Ordinance. Pay- for redemption (or such period speci- This Series Bond Ordinance is ment of or on account of the debt fied in the Certificate of Award), to enacted pursuant to the General Bond charges on any Bond shall be made the registered owner of each Bond Ordinance. The General Bond Ordi- only to or upon the order of that per- subject to redemption in whole or in nance, except for the third paragraph son; neither the City nor the Registrar part at the registered owner’s address of Section 13(a) (pertaining general- shall be affected by any notice to the shown on the Bond Register main- ly to an adjustment of the interest contrary, but the registration may be tained by the Registrar at the close of rate in an event of default) and the changed as provided in this Section. business on the fifteenth day preced- third paragraph of Section 4 (pertain- All such payments shall be valid and ing that mailing and to any provider ing generally to the periods during effectual to satisfy and discharge the of a Credit Support Instrument (as which the City is not required to make City’s liability upon the Bond, includ- defined in Section 15 hereof) for the any transfers or exchanges of bonds ing interest, to the extent of the Bonds or designated portions thereof. issued under the General Bond Ordi- amount or amounts so paid. Failure to receive notice by mail or nance), will apply to the Bonds. Any Bond may be exchanged for any defect in that notice regarding Except for those provisions, the Gen- Bonds of any authorized denomina- any Bond, however, shall not affect eral Bond Ordinance is included as a tion upon presentation and surrender the validity of the proceedings for the part of this Ordinance as fully as if at the principal corporate trust office redemption of any Bond. Any notice restated in this Ordinance. Words and of the Registrar, together with a of redemption of any Bonds may spec- terms not otherwise defined in this request for exchange signed by the ify that the redemption is contingent Ordinance shall have the same mean- registered owner or by a person legal- on the deposit of moneys with the ing as set forth in the General Bond ly empowered to do so in a form satis- Escrow Agent or Registrar, as paying Ordinance. factory to the Registrar. A Bond may agent, on or prior to the redemption Section 3. Execution, Authentica- be transferred only on the Bond Reg- date in an amount sufficient to pay tion, Approval and Recording of the ister upon presentation and surrender the redemption price of the Bonds to Bonds; Exchange and Transfer of the of the Bond at the principal corporate be redeemed. Bonds; Paying Agents. trust office of the Registrar together (f) Payment of Redeemed Bonds. The Bonds shall express upon their with an assignment signed by the reg- Notice having been mailed in the man- faces the purpose for which they are istered owner or by a person legally ner provided in the preceding para- issued and that they are issued pur- empowered to do so in a form satis- graph, and moneys having been suant to this Ordinance. Pursuant to factory to the Registrar. Upon deposited by the City with the Escrow Section 4 of the General Bond Ordi- exchange or transfer the Registrar Agent or Registrar, as paying agent, nance, each Bond shall be authenti- shall complete, authenticate and in an amount sufficient to pay the cated by the manual signature of an deliver a new Bond or Bonds of any redemption price, the Bonds and por- authorized officer of the Trustee (as authorized denomination or denomi- tions thereof called for redemption defined therein). The Bonds shall be nations requested by the owner equal shall become due and payable on the signed by the City’s Mayor and by the in the aggregate to the unmatured redemption date, and, upon presenta- City’s Director of Finance, and, con- principal amount of the Bond surren- tion and surrender at the place or sistent with Section 133.27 of the Ohio dered and bearing interest at the places specified in that notice, shall Revised Code and notwithstanding same rate and maturing on the same be paid. If money for the redemption Section 177.02 of the Codified Ordi- date. of all of the Bonds and portions there- nances of the City, either or both of If manual signatures on behalf of of to be redeemed, including interest those signatures may be a facsimile. the City are required, the Registrar accrued to the redemption date, is The Bonds shall bear the seal of the shall undertake the exchange or held by the Registrar on the redemp- City, which seal may be a facsimile transfer of Bonds only after the new 242 February 23, 2011 The City Record 25

Bonds are signed by the authorized itory, without further action by the statements and other documents and officers of the City. In all cases of City. instruments and to take such actions Bonds exchanged or transferred, the If any Depository determines not to as are necessary or appropriate to City shall sign and the Registrar continue to act as a Depository for the consummate the transactions contem- shall authenticate and deliver Bonds Bonds for use in a book entry system, plated by this Ordinance and to take in accordance with the provisions of the Director of Finance may attempt all steps necessary to effect the due this Ordinance. The exchange or to establish a securities execution, authentication and deliv- transfer shall be without charge to depository/book entry relationship ery of the Bonds. The Director of the owner, except that the City and with another qualified Depository. If Finance is further authorized to sign Registrar may make a charge suffi- the Director of Finance does not or is and deliver on behalf of the City a cient to reimburse them for any tax or unable to do so, the Registrar, after bond purchase agreement between other governmental charge required making provision for notification of the City and the Original Purchaser to be paid with respect to the the beneficial owners by the then (the “Bond Purchase Agreement”), exchange or transfer. The City or the Depository and any other arrange- approved as to form and correctness Registrar may require that those ments deemed necessary, shall permit by the Director of Law, setting forth charges, if any, be paid before the pro- withdrawal of the Bonds from the the terms and conditions on which the cedure is begun for the exchange or Depository, and the Trustee and Reg- City agrees to sell the Bonds and the transfer. All Bonds issued and istrar shall authenticate and deliver Original Purchaser agrees to buy the authenticated upon any exchange or bond certificates in registered form to Bonds, which shall be consistent with transfer shall be valid obligations of the assigns of the Depository or its this Ordinance, not substantially the City, evidencing the same debt, nominee, all at the cost and expense adverse to the City, and approved by and entitled to the same security and (including any costs of printing), if the Director of Finance and Director benefit under this Ordinance, as the the event is not the result of City of Law on behalf of the City, all of Bonds surrendered upon that action or inaction, of those persons which shall be conclusively evi- exchange or transfer. requesting such issuance. denced by the signing of the Bond Notwithstanding any other provi- The Director of Finance is also Purchase Agreement by the Director sions of this Ordinance, if it is deter- hereby authorized and directed to the of Finance. It is determined that the mined by the Director of Finance to extent necessary or required to enter terms of the Bonds, as provided in this be advantageous to the City, the into any agreements determined nec- Ordinance and as may be provided in Bonds may be issued in book entry essary in connection with the book or pursuant to the Certificate of form in accordance with the provi- entry system for the Bonds, after Award, are in the best interest of the sions of this Section. As used in this determining that the signing thereof City and in compliance with all legal Section and this Ordinance: will not endanger the funds or securi- requirements. “Book entry form” or “book entry ties of the City and after the approval Pursuant to Section 133.30(B) of the system” means a form or system of the form of any such agreement by Ohio Revised Code, the Director of under which (i) the ownership of ben- the Director of Law. Finance may combine the Bonds with eficial interests in Bonds and the prin- Section 4. Sale of Bonds. other bonds into a single consolidated cipal of and interest on the Bonds may The Bonds shall first be offered for issue of bonds for purposes of their be transferred only through a book purchase to the Trustees of the Sink- sale as a single issue to be designated entry, and (ii) physical Bond certifi- ing Fund and, if not purchased by “Various Purpose General Obligation cates in fully registered form are them, shall be offered to the Treasury Bonds, Series 2011” or such other des- issued by the City only to a Deposito- Investment Account for purchase and, ignation as may be set forth in the ry or its nominee as registered owner, if not purchased for that Account, Certificate of Award. Such bonds with the Bonds “immobilized” in the shall be sold to one or more firms that shall contain a summary statement of custody of the Depository. The book have proposed to underwrite the purposes encompassing the purpose entry maintained by others than the Bonds and have been selected by the for which the Bonds are issued and City is the record that identifies the Director of Finance based on an eval- shall state that they are issued pur- owners of beneficial interests in those uation of the qualifications of those suant to this Ordinance. Bonds and that principal and interest. firms (collectively, the “Original Pur- Section 5. Provision for Levying “Depository” means any securities chaser”). and Collecting Tax. depository that is a clearing agency The Bonds shall be awarded to the For the purpose of providing the under federal law operating and Original Purchaser in the Certificate necessary funds to pay the interest on maintaining, with its Participants or of Award which shall specify the the Bonds promptly when and as the otherwise, a book entry system to final terms of the Bonds in accor- same falls due, and also to provide for record ownership of beneficial inter- dance with law, the provisions of this the discharge of the Bonds at maturi- ests in bonds or the principal and Ordinance, the written advice of a ty, there shall be and is levied on all interest, and to effect transfers of financial advisor retained under the taxable property in the City, in bonds, in book entry form, and authority of Section 16 hereof and the addition to all other taxes, a direct includes and means initially The Original Purchaser’s offer to pur- tax annually during the period the Depository Trust Company (a limited chase the Bonds, including: the prin- Bonds are outstanding, in an amount purpose trust company), New York, cipal amount of the Bonds, the pur- sufficient to provide for the payment New York. chase price (which shall be not less of that interest, when and as the same “Participant” means any partici- than 97% of the principal amount of shall fall due, and also to discharge pant contracting with a Depository the Bonds plus any accrued interest to the principal of the Bonds at maturi- under a book entry system and their date of delivery), interest rate or ty, which tax shall not be less than includes security brokers and dealers, rates, the amounts and years in which the interest and sinking fund tax banks and trust companies, and clear- principal installments are payable required by Section 11 of Article XII ing corporations. (at stated maturity or pursuant to of the Constitution of Ohio. The Bonds may be issued to a Mandatory Sinking Fund Redemption The tax shall be and is ordered com- Depository for use in a book entry Requirements), the Interest Payment puted, certified, levied and extended system and, if and as long as a book Dates and the date of the Bonds and upon the tax duplicate and collected entry system is utilized: (i) the Bonds any other matters required in this by the same officers, in the same man- may be issued in the form of a single, Ordinance to be set forth in that Cer- ner and at the same time that taxes fully registered Bond representing tificate. As appropriate under the for general purposes for each of those each maturity and registered in the Charter, the Mayor, Director of years are certified, extended and col- name of the Depository or its nomi- Finance, Director of Law, Clerk of lected. The tax shall be placed before nee, as registered owner, and immobi- Council and other appropriate offi- and in preference to all other items lized in the custody of the Depository; cers of the City are, and each of them and for the full amount thereof. The (ii) the beneficial owners in book is, authorized to take such actions as funds derived from those tax levies entry form shall have no right to are necessary, appropriate and in the shall be placed in the Unvoted Tax receive Bonds in the form of physical best interest of the City to establish Supported Obligations Account of the securities or certificates; (iii) owner- the terms and requirements for deliv- Sinking Fund as required by the Gen- ship of beneficial interests in book ery of the Bonds and to make such eral Bond Ordinance, and those funds, entry form shall be shown by book arrangements as are necessary with together with the interest collected on entry on the system maintained and the Original Purchaser in order to them, shall be irrevocably pledged for operated by the Depository and its establish the date, location, proce- the payment of principal of and inter- Participants, and transfers of the dures, and conditions for the delivery est on the Bonds when and as the ownership of beneficial interests of the Bonds to the Original Purchas- same fall due; provided, however, shall be made only by book entry by er, to give all appropriate notices and that, subject to the provisions of Sec- the Depository and its Participants; certificates, to cause a true transcript tion 8 of the General Bond Ordinance, and (iv) the Bonds as such shall not of proceedings with reference to the in each year to the extent that rev- be transferable or exchangeable, issuance of the Bonds to be delivered enues are available from other except for transfer to another Deposi- to the Original Purchaser, to sign any sources for the payment of the Bonds tory or to another nominee of a Depos- transcript certificates, financial and are appropriated for such pur- 243 26 The City Record February 23, 2011 pose, the amount of such tax shall be charged within the meaning of this Director of Finance, based on the reduced by the amount of such rev- Ordinance, including without limita- advice of a financial advisor, deter- enues so available and appropriated. tion, Section 8(a) hereof, if: mines that it is in the best interest of This Council hereby covenants, on (i) the Escrow Agent or Paying the City in order to enhance the mar- behalf of the City and its officials, Agent shall hold in special accounts ketability of the Notes, the Director of pursuant to the authorization under or subaccounts, in trust for and irrev- Finance may cause the Notes to not be Sections 133.25(B)(1) and 5705.51 of ocably committed solely thereto, suf- redeemable for a period which ends the Ohio Revised Code, and in accor- ficient moneys; or no later than the date which is two dance with the provisions of and to (ii) the Escrow Agent shall hold in years following the date of issuance the extent required or permitted by special accounts or subaccounts, in of the Notes; shall be designated the General Bond Ordinance, that the trust for and irrevocably committed “Bridges and Roadways Improvement City will appropriate annually from solely thereto, direct obligations of Bond Anticipation Notes”; shall be the proceeds of the City’s municipal the United States certified by an inde- issued in such numbers and denomi- income taxes an amount as is neces- pendent public accounting firm of nations as may be requested by the sary to meet the annual debt charges national reputation to be of such Note Purchaser (hereinafter defined); for the Bonds. maturities and interest payment and shall be issued in fully registered Section 6. Application of Proceeds. dates and to bear such interest, with- form (which may be in a book entry The proceeds from the sale of the out further investment or reinvest- only system) in denominations of Bonds, except for accrued interest ment of either the principal amount $5,000 or integral multiples thereof. thereon and any premium, shall be thereof or the interest earnings there- Interest shall be payable semiannual- expended and applied for the objects from (likewise to be held in trust and ly on the dates set forth in the Note and purposes for which the Bonds are committed, except as hereinafter pro- Certificate of Award; provided that if issued. The proceeds of the Bonds to vided), as will be sufficient, together the Notes mature on or before the end be applied to pay costs of any Credit with moneys referred to in (i) above, of the twelfth month following their Support Instruments obtained pur- for the payment, at their maturities or date of issuance, interest on the Notes suant to Section 15 hereof shall be redemption dates, of all debt charges shall be payable at maturity. paid to the provider or providers of on the Bonds to their date of maturity U.S. Bank National Association is those Credit Support Instruments. or redemption, as the case may be, or appointed to act as the authenticating The proceeds of the Bonds to be used if default in such payment shall have agent, registrar, transfer agent and to pay costs of issuing the Bonds shall occurred on such date then to the date paying agent for the Notes (the “Note be deposited with the Registrar in a of the tender of such payment; provid- Registrar”). The Escrow Agent also separate account under the Registrar ed, that if any Bonds are to be shall act as paying agent for the Agreement pending their application redeemed prior to the maturity there- Notes if the Notes are held in a book to the payment of such costs. Pur- of, notice of such redemption shall entry system. The Director of Finance suant to Chapter 133 of the Ohio have been duly given or irrevocable shall sign and deliver, in the name Revised Code and this Ordinance, and provision satisfactory to the Trustee and on behalf of the City, an agree- notwithstanding Chapter 179 of the shall have been duly made for the giv- ment among the City, the Note Regis- Codified Ordinances, any accrued ing of such notice. Any moneys held trar and the Escrow Agent (the “Note interest and any premium received Registrar Agreement”) providing for from the sale of the Bonds shall be by the Escrow Agent in accordance deposited in the Unvoted Tax Sup- with the provisions of this Section services relating to the registration, ported Obligations Account of the shall be invested by the Escrow transfer, exchange and payment of Sinking Fund to be applied to the pay- Agent in direct obligations of the Notes on terms that are approved by ment of the principal of and interest United States of America maturing, or the Director of Finance on behalf of on the Bonds. redeemable at the option of the hold- the City. That approval shall be con- Section 7. General Obligation. er, at times and in amounts sufficient clusively evidenced by the signing of The Bonds are secured by a pledge to meet payment of debt charges on the Note Registrar Agreement by the and lien on a parity with the pledges the Bonds, as directed by the Director Director of Finance. The Director of and liens authorized by the General of Finance. Any income or interest Finance shall provide for the pay- Bond Ordinance and, in addition to earned by, or increment to, the invest- ment of the services rendered and for the taxes and revenues specifically ments held under this Section shall, to reimbursement of expenses incurred pledged pursuant to this Ordinance the extent determined from time to pursuant to the Note Registrar Agree- and the General Bond Ordinance and time by the Escrow Agent to be in ment from the proceeds of the Notes to the other covenants, terms and agree- excess of the amount required to be the extent available and then from ments provided hereunder and in the held by it for the purposes of this Sec- other money lawfully available and General Bond Ordinance to secure tion, be transferred at the time of appropriated or to be appropriated for payment of the principal of and inter- such determination as provided in that purpose. est on the Bonds, the City hereby Section 17(a) of the General Bond So long as any of the Notes remain determines, declares, warrants and Ordinance for unclaimed funds held outstanding, the City will cause the covenants that the Bonds are general by a Paying Agent. In the event of Note Registrar to maintain and keep obligations of the City and that the nonpresentment of any Bond as at its principal corporate trust office full faith and credit of the City are described in Section 17(a) of the Gen- all books and records necessary for hereby pledged for the payment of the eral Bond Ordinance, the moneys held the registration, exchange and trans- principal of and interest on the Bonds pursuant to this Section shall be held fer of Notes as provided in this Section in accordance with the laws and Con- and paid as provided in said Sec- (the “Note Register”). The person in stitution of the State of Ohio, this tion 17(a) for unclaimed funds held whose name a Note is registered on Ordinance and the General Bond Ordi- by a Paying Agent. the Note Register shall be regarded as nance. Section 9. Bond Anticipation Notes. the absolute owner of that Note for all Section 8. Defeasance. For the purpose of raising money in purposes of this Ordinance. Payment (a) Release of Ordinance. If the anticipation of the issuance of the of or on account of the debt charges City shall pay or cause to be paid and Bonds for the purpose set forth in Sec- on any Note shall be made only to or discharged all the outstanding Bonds, tion 1 hereof, notes of the City may be upon the order of that person; neither or there shall otherwise be paid to the issued in an aggregate principal the City nor the Note Registrar shall holders of the outstanding Bonds all amount not to exceed Fifteen Million be affected by any notice to the con- debt charges due or to become due One Hundred Fifty-Five Thousand trary, but the registration may be thereon, and provision shall also be Dollars ($15,155,000) (the “Notes”) changed as provided in this Section. made for paying all other sums upon the direction of the Director of All such payments shall be valid and payable hereunder, then and in that Finance to be set forth in a certificate effectual to satisfy and discharge the event this Ordinance (except for Sec- providing for the final terms of the City’s liability upon the Note, includ- tion 8(b) hereof) shall cease to be of Notes and the sale of the Notes and ing interest, to the extent of the further effect, and the covenants, signed by the Director of Finance amount or amounts so paid. agreements and other obligations of (the “Note Certificate of Award”). Any Note may be exchanged for the City under this Ordinance shall be (a) Terms of the Notes. The Notes Notes of any authorized denomination discharged and satisfied, and there- shall bear interest at such rate, not upon presentation and surrender at upon the Trustee shall at the request exceeding seven percent (7%) per the principal corporate trust office of of the City execute and deliver to the year, as may be fixed by the Director the Note Registrar, together with a City such instruments in writing as of Finance of the City in the Note Cer- request for exchange signed by the shall discharge the lien hereof and tificate of Award; shall be dated their registered owner or by a person legal- enter on the record such discharge of date of issuance; shall mature on the ly empowered to do so in a form satis- the lien and such other instruments as date set forth in the Note Certificate factory to the Note Registrar. A Note may be reasonably required by the of Award, which shall be no later than may be transferred only on the Note City. five years from such date of issuance; Register upon presentation and sur- (b) Payment and Discharge of shall be subject to redemption by the render of the Note at the principal cor- Bonds. Outstanding Bonds shall be City at any time prior to maturity porate trust office of the Note Regis- deemed to have been paid and dis- without penalty, provided that, if the trar together with an assignment 244 February 23, 2011 The City Record 27 signed by the registered owner or by Award”) at not less than par and Exchange Commission Rule 15c2-12 a person legally empowered to do so accrued interest and at a rate not (the “SEC Rule”). The Director of in a form satisfactory to the Note Reg- exceeding that set forth in Section 10 Finance is authorized to contract for istrar. Upon exchange or transfer the hereof. The proceeds of such sale services for the production and distri- Note Registrar shall complete, shall be paid into the proper fund and bution of preliminary and final Offi- authenticate and deliver a new Note used for the purpose for which the cial Statements, including by printed or Notes of any authorized denomina- Notes are being issued under the pro- and electronic means. tion or denominations requested by visions of this Ordinance. For the benefit of the holders and the owner equal in the aggregate to (d) Security for the Notes. The beneficial owners from time to time of the unmatured principal amount of Notes shall be the full general obliga- the Notes or the Bonds, the City the Note surrendered and bearing tions of the City, and the full faith, agrees, in accordance with, and as the interest at the same rate and matur- credit and revenue of the City are only obligated person with respect to ing on the same date. hereby pledged for the prompt pay- the Notes and the Bonds under the If manual signatures on behalf of ment of the same. The par value to be SEC Rule, to provide or cause to be the City are required, the Note Regis- received from the sale of the Notes provided such financial information trar shall undertake the exchange or and any excess funds resulting from and operating data and notices, in transfer of Notes only after the new the issuance of the Notes shall, to the such manner as may be required for Notes are signed by the authorized extent necessary, be used for the purposes of the SEC Rule. In order to officers of the City. In all cases of retirement of the Notes at maturity, describe and specify certain terms of Notes exchanged or transferred, the together with the interest thereon, the City’s continuing disclosure City shall sign and the Note Registrar and are hereby pledged for such pur- agreement for that purpose, and shall authenticate and deliver Notes pose. thereby to implement that agreement, in accordance with the provisions of Section 10. Provision for Levying including provisions for enforcement, this Ordinance. The exchange or and Collecting Tax. amendment and termination, the transfer shall be without charge to During the year or years while the Director of Finance is authorized and the owner, except that the City and Notes are outstanding there shall be directed to prepare, or cause to be pre- Note Registrar may make a charge levied on all the taxable property in pared, and to sign and deliver, in the the City, in addition to all other taxes sufficient to reimburse them for any name and on behalf of the City, a con- but within tax limitations, a direct tax or other governmental charge tinuing disclosure agreement or cer- tax annually not less than that which required to be paid with respect to the tificate, which shall constitute the would have been levied if bonds had exchange or transfer. The City or the been issued therefor without the prior continuing disclosure agreement Note Registrar may require that those issue of the Notes. That tax shall be made by the City for the benefit of the charges, if any, be paid before the pro- and is ordered computed, certified, holders and beneficial owners of the cedure is begun for the exchange or levied and extended upon the tax Notes or the Bonds, as the case may transfer. All Notes issued and authen- duplicate and collected by the same be, in accordance with the SEC Rule. ticated upon any exchange or trans- officers, in the same manner and at The performance of that agreement fer shall be valid obligations of the the same time that taxes for general shall be subject to the availability of City, evidencing the same debt, and purposes for each year are certified, funds and their annual appropriation entitled to the same security and ben- extended and collected. That tax to meet costs the City would be efit under this Ordinance, as the Notes shall be placed before and in prefer- required to incur to perform it. The surrendered upon that exchange or ence to all other items and for the full Director of Finance is further autho- transfer. amount thereof. The funds derived rized and directed to establish proce- Pursuant to Section 133.30(B) of the from the tax levies required by this dures in order to ensure compliance Ohio Revised Code, the Director of Ordinance shall be placed in the by the City with its continuing disclo- Finance may combine the Notes with Unvoted Tax Supported Obligations sure agreement, including the timely other bond anticipation notes of the Account, and those funds, together provision of information and notices. City for purposes of their sale as a sin- with the interest collected on them, Section 12. Miscellaneous. gle issue to be designated “Various shall be irrevocably pledged for the (a) Any provisions of the Codified Purpose General Obligation Bond payment of the principal and interest Ordinances of the City that are incon- Anticipation Notes.” The Notes shall of the Notes or the Bonds in anticipa- sistent with the provisions of this contain a summary statement of pur- tion of which they are issued, when Ordinance and the General Bond Ordi- poses encompassing the purpose for and as the same falls due; provided, nance shall not apply to the Bonds or which the Notes are issued and shall however, that in each year to the the Notes authorized herein. state that they are issued pursuant to extent that revenues are available (b) All covenants, terms and provi- this Ordinance. from other sources for the payment of sions of the General Bond Ordinance (b) Execution and Payment of the the Notes and Bonds and are appropri- are fully applicable to the Bonds and Notes. The Notes shall express upon ated for such purpose, the amount of the Notes authorized herein, and noth- their faces the purpose for which they such direct tax upon all of the taxable ing in this Ordinance shall be deemed property in the City may be reduced are issued and that they are issued to alter or restrict such full applica- by the amount of such revenues so pursuant to this Ordinance. Each Note tion of the General Bond Ordinance, available and appropriated. shall be authenticated by the manual except for the exclusion from applica- signature of an authorized officer of Section 11. Official Statement; Con- tinuing Disclosure. tion to the Bonds and the Notes autho- the Trustee (as defined therein). The rized herein of the provisions of the Notes shall be signed by the City’s If, in the judgment of the Director of Finance, a disclosure document third paragraph of Section 13(a) and Mayor and by the City’s Director of the third paragraph of Section 4 of the Finance, and, consistent with Section (each, an “Official Statement”) is appropriate or necessary in connec- General Bond Ordinance, pursuant to 133.27 of the Ohio Revised Code and Section 2 hereof. notwithstanding Section 177.02 of the tion with the sale of the Notes or the Bonds, the Director of Finance is Section 13. Captions. Codified Ordinances of the City, The captions or headings in this either or both of those signatures may authorized to prepare or cause to be prepared on behalf of the City an Offi- Ordinance are for convenience only be a facsimile. The Notes shall bear and in no way define, limit or describe the seal of the City, which seal may be cial Statement with respect to the Notes or the Bonds, as the case may the scope or intent of any provisions a facsimile seal. Pursuant to Sec- or sections of this Ordinance. tion 83 of the City’s Charter, the Direc- be, and any necessary supplements Section 14. Federal Tax Covenants. tor of Law shall prepare the Notes and and to authorize the use and distribu- The City covenants that it will use, shall endorse thereon his approval of tion of each Official Statement and and will restrict the use and invest- the form and correctness thereof by any supplements. The Director of ment of, the proceeds of the Notes and his manual or facsimile signature. Finance is authorized to sign on the Bonds in such manner and to such (c) Sale of the Notes. The Notes behalf of the City and in her official shall first be offered for purchase to capacity each Official Statement and extent as may be necessary so that the Trustees of the Sinking Fund and, any supplements approved by her. (a) the Notes and the Bonds will not if not purchased by them, shall be The Director of Finance is authorized (i) constitute private activity bonds, offered to the Treasury Investment to sign and deliver on behalf of the arbitrage bonds or hedge bonds under Account for purchase and, if not pur- City and in her official capacity such Sections 141, 148 or 149 of the Internal chased for that Account, shall be sold certificates in connection with the Revenue Code of 1986, as amended to one or more firms that have pro- accuracy of each Official Statement (the “Code”) or (ii) be treated other posed to underwrite the Notes and and any supplements as may, in the than as bonds to which Section 103(a) have been selected by the Director of judgment of the Director of Finance, of the Code applies, and (b) the inter- Finance based on an evaluation of the be necessary or appropriate. The est thereon will not be treated as an qualifications of those firms (the Director of Finance is also authorized item of tax preference under Sec- “Note Purchaser”) in the principal to determine and certify on behalf of tion 57 of the Code. amount set forth in a certificate of the City that such disclosure docu- The City further covenants that (a) award to be executed by the Director ment is “deemed final” by the City it will take or cause to be taken such of Finance (the “Note Certificate of within the meaning of Securities and actions that may be required of it for 245 28 The City Record February 23, 2011 the interest on the Notes and the Section 15. Credit Enhancement and Section 19. Delivery to County. Bonds to be and to remain excluded Ratings. The Director of Finance is directed from gross income for federal income If, in the judgment of the Director to forward a certified copy of this tax purposes, (b) it will not take or of Finance, based on the written Ordinance and of the Certificate of authorize to be taken any actions that advice of a Financial Advisor, the fil- Award for the Bonds and any Note would adversely affect that exclu- ing of an application for a rating on Certificate of Award to the appropri- sion, and (c) it, or persons acting for the Bonds or designated portion ate official of the County of Cuya- it, will, among other acts of compli- thereof by one or more nationally rec- hoga, Ohio and to secure a receipt ance, (i) apply the proceeds of the ognized rating agencies is in the best therefor. Notes and the Bonds to the govern- interest of the City, the Director of Section 20. Severability. mental purpose of the borrowing, (ii) Finance is authorized to prepare and Each section and each part of each restrict the yield on investment prop- submit those applications and to pro- section of this Ordinance is hereby erty acquired with those proceeds, vide to each such agency such infor- declared to be an independent section (iii) make timely and adequate pay- mation as may be required for the pur- or part of a section and, notwithstand- pose. The Director of Finance is ments to the federal government, (iv) ing any other evidence of legislative authorized to contract for one or more maintain books and records and make intent, it is hereby declared to be the Credit Support Instruments for the controlling legislative intent that if calculations and reports, and (v) Bonds or designated portions thereof any such section or part of a section refrain from certain uses of those pro- if the Director determines, based on or any provision thereof, or the appli- ceeds, and, as applicable, of property the written advice of a Financial financed with such proceeds, all in Advisor, that the Credit Support cation thereof to any person or cir- such manner and to the extent neces- Instruments will result in debt ser- cumstance, is held to be invalid, the sary to assure such exclusion of that vice savings to the City. As used in remaining sections or parts of sec- interest under the Code. this Section, “Credit Support tions and the application of such pro- Each covenant made in this Section Instrument” means an insurance poli- visions to any other person or circum- with respect to the Notes and the cy, surety, letter of credit, or other stance, other than those as to which it Bonds is also made with respect to all instrument used to enhance or pro- is held invalid, shall not be affected issues any portion of the debt service vide for the security of Bonds. The thereby, and it is hereby declared to on which is paid from proceeds of the cost of obtaining each rating and the be the legislative intent that the other Notes or the Bonds (and, if different, cost of obtaining each Credit Support provisions of this Ordinance would the original issue and any refunding Instrument, except to the extent paid have been passed independently of issues in a series of refundings), to by the Original Purchasers in accor- such section, or parts of a section, so the extent such compliance is neces- dance with the Bond Purchase Agree- held to be invalid. sary to assure exclusion of interest on ment, shall be paid from the proceeds Section 21. Legislative Intent. the Notes and the Bonds from gross of Bonds or funds appropriated for All terms, conditions, pledges, income for federal income tax purpos- that purpose. covenants or agreements on the part es, and the officers identified above Section 16. Financial Advisor. of the City provided for in this Ordi- are authorized to take actions with The Director of Finance may obtain nance are made by the voluntary act respect to those issues as they are the services of one or more financial of the City under its lawful authority, authorized in this Section to take with advisors, from time to time, to assist including its authority under its Char- respect to the Notes and the Bonds. the Director of Finance in making ter and Article XVIII of the Constitu- The Director of Finance, as the fis- any of the determinations required by tion of Ohio. cal officer, or any other officer of the this Ordinance to be determined by Nothing in this Ordinance is intend- City having responsibility for the Director of Finance. The Director ed to, and no provision hereof shall be of Finance may rely on the written issuance of the Notes and the Bonds is applied in any manner as would, advice of any financial advisor so hereby authorized (a) to make or impair the obligation of contract of retained. Any financial advisor effect any election, selection, desig- employed under the authority of this the City with respect to any outstand- nation, choice, consent, approval, or Ordinance shall be disinterested in ing bonds, notes, certificates of waiver on behalf of the City with the transaction and be independent of indebtedness, other obligations, trust respect to the Notes and the Bonds as the Original Purchasers and any indentures, trust agreements, or other the City is permitted or required to other party interested in the transac- agreements or contracts made or make or give under the federal tion. entered into by the City and for which income tax laws, including, without Section 17. Open Meeting Determi- consideration was duly received by limitation thereto, any of the elec- nation. the City prior to the passage of this tions provided for in It is found and determined that all Ordinance or the General Bond Ordi- Section 148(f)(4)(C) of the Code or formal actions of this Council and of nance. available under Section 148 of the any of its committees concerning and Section 22. Emergency Measure. Code, for the purpose of assuring, relating to the passage of this Ordi- This Ordinance is declared to be an enhancing or protecting favorable nance were taken, and that all delib- emergency measure for the immedi- tax treatment or status of the Notes erations of this Council and any of its ate preservation of the public peace, and the Bonds or interest thereon or committees that resulted in these for- property, health and safety of the City assisting compliance with require- mal actions were held, in meetings by providing funds to pay the costs of ments for that purpose, reducing the open to the public in compliance with certain permanent improvements burden or expense of such compli- all legal requirements, including, which are urgently needed for the ance, reducing the rebate amount or without limitation, Section 121.22 of benefit of the City and for the usual payments or penalties, or making the Ohio Revised Code. daily operation of a municipal depart- payments of special amounts in lieu Section 18. Findings and Recitals of ment, and, provided this Ordinance of making computations to deter- Validity. receives the affirmative vote of two- mine, or paying, excess earnings as It is hereby determined, represent- thirds of all members elected to Coun- rebate, or obviating those amounts or ed and recited that all acts, conditions cil, it shall take effect and be in force payments, as determined by that offi- and things necessary to be done immediately upon its passage and cer, which action shall be in writing precedent to and in the issuing of the approval by the Mayor; otherwise it and signed by the officer, (b) to take Bonds and the Notes in order to make shall take effect and be in force from any and all other actions, make or them legal, valid and binding obliga- and after the earliest date allowed by obtain calculations, make payments, tions of the City have happened, been law. and make or give reports, covenants done and been performed in regular and certifications of and on behalf of and due form as required by law; and Passed February 14, 2011. the City, as may be appropriate to that no limitation of indebtedness or Effective February 18, 2011. assure the exclusion of interest from taxation, either statutory or constitu- gross income and the intended tax tional, will have been exceeded in the status of the Notes and the Bonds, and issuance of the Bonds or the Notes. It (c) to give one or more appropriate is further found and determined, and Ord. No. 134-11. certificates of the City, for inclusion is hereby represented and recited, By Council Members Conwell and in the transcript of proceedings for that the provisions of Sections 28, 29, Sweeney (by departmental request). the Notes and the Bonds, setting forth 32, 33 (including the provisions of Sec- An emergency ordinance authoriz- the reasonable expectations of the tion 33 with respect to readings on ing the Director of Public Safety to City regarding the amount and use of three separate days or dispensing apply for and accept a grant from the all the proceeds of the Notes and the with such readings by a two-thirds State of Ohio Emergency Manage- Bonds, the facts, circumstances and vote of all members of the Council), ment Agency, or a designated entity, estimates on which they are based, 36, 37, 48 and all other applicable pro- for the 2010 Urban Area Security Ini- and other facts and circumstances rel- visions of the City’s Charter and the tiative Program; authorizing one or evant to the tax treatment of the rules of this Council have been fully more requirement and standard con- interest on and the tax status of the complied with and this Ordinance was tracts for the purchase of materials, Notes and the Bonds. passed in conformity therewith. equipment, supplies, and services; 246 February 23, 2011 The City Record 29 authorizing one or more agreements The selection of the consultants for Whereas, the authorization for with governmental entities; and to the services shall be made by the issuance of the Bonds is necessary to employ one or more professional con- Board of Control on the nomination of provide funds to pay the costs of cer- sultants to implement the program. the Director of Public Safety from a tain permanent improvements Whereas, this ordinance constitutes list of qualified consultants available described in Section 1 hereof that are an emergency measure providing for for employment as may be determined urgently needed for the benefit of the the usual daily operation of a munici- after a full and complete canvass by City, and as a result, this Ordinance pal department; now, therefore, the Director of Public Safety for the constitutes an emergency measure Be it ordained by the Council of the purpose of compiling a list. The com- providing for the immediate preserva- City of Cleveland: pensation to be paid for the services tion of the public peace, property, Section 1. That the Director of Pub- shall be fixed by the Board of Control. health and safety, and for the usual lic Safety is authorized to apply for The contract or contracts authorized daily operation of a municipal depart- and accept a grant in the approximate shall be prepared by the Director of ment; now, therefore, amount of $5,094,390, and any other Law, approved by the Director of Pub- Be it ordained by the Council of the funds that become available, from the lic Safety, and certified by the Direc- City of Cleveland: State of Ohio Emergency Manage- tor of Finance. Section 1. Purpose. ment Agency, or a designated entity, Section 8. That the Director of Pub- It is deemed necessary to issue the to conduct the 2010 Urban Area Secu- lic Safety shall have the authority to Bonds in an aggregate principal rity Initiative (“UASI”) Program; that extend the term of the grant if the amount not to exceed Fourteen Mil- the Director is authorized to file all extension does not involve an lion Two Hundred Thirty Thousand papers and execute all documents increase in the dollar amount of the Dollars ($14,230,000) for the purpose necessary to receive the funds under grant specified above. of providing funds for constructing, the grant; and that the funds are Section 9. That the cost of the con- reconstructing, rehabilitating, appropriated for the purposes set tract or contracts shall be paid from installing, renovating, enlarging and forth in the grant agreement for the the fund or funds which are credited otherwise improving buildings and grant contained in the file described the grant proceeds accepted under structures housing and providing for below. this ordinance. the discharge of governmental func- Section 2. That the grant agreement Section 10. That this ordinance is tions and services otherwise benefit- for the grant, File No. 134-11-A, made a declared to be an emergency measure ing the public safety, health and wel- part of this ordinance as if fully and, provided it receives the affirma- fare, including facilities in, of and for rewritten, as presented to the Finance tive vote of two-thirds of all the mem- the City Hall, police stations, fire sta- Committee of this Council at the pub- bers elected to Council, it shall take tions, service stations, centers and lic hearing on this legislation and effect and be in force immediately facilities, waste collection, market shall not be changed without addi- upon its passage and approval by the facilities, transfer and disposal facili- tional legislative authority, is Mayor; otherwise it shall take effect ties, correctional facilities, and approved in all respects. and be in force from and after the ear- health and other facilities, and the Section 3. That the Director of Pub- liest period allowed by law. provision of necessary fixtures, fur- lic Safety is authorized to make one Passed February 14, 2011. nishings, equipment, appurtenances, or more written standard purchase Effective February 18, 2011. utilities, and site improvements for contracts and written requirement the purpose, and to pay any capital- contracts under the Charter and the ized interest and all expenses Codified Ordinances of Cleveland, incurred in connection with the Ohio, 1976, during the grant term, of issuance of the securities, including materials, equipment, supplies, and Ord. No. 136-11. all financing costs within the mean- services needed to implement the pro- By Council Member Sweeney (by ing of Section 133.01(K) of the Ohio gram as described in the file, to be departmental request). Revised Code and such other costs of purchased by the Commissioner of An emergency ordinance authoriz- the foregoing permanent improve- Purchases and Supplies on a unit ing the issuance and sale of bonds in ments that may be financed with the basis for the Department of Public the maximum principal amount of proceeds of securities as permitted by Safety. Bids shall be taken in a man- $14,230,000 for the purpose of provid- Section 133.15(B) of the Ohio Revised ner that permits an award to be made ing funds to improve buildings and Code and as otherwise permitted by for all items as a single contract, or by structures housing and providing for law. separate contract for each or any com- the discharge of governmental func- Section 2. Authority and Terms. bination of the items as the Board of tions and services otherwise benefit- The Bonds shall be issued pursuant Control determines. ing the public safety, health and wel- to the provisions of Article XVIII of Section 4. That the costs of the fare and authorizing related matters. the Constitution of Ohio, Chapter 133 requirement contract shall be Whereas, this Council desires to of the Ohio Revised Code and other charged against the proper appropria- issue bonds in an aggregate principal applicable provisions of the Ohio tion accounts and the Director of amount not to exceed Fourteen Mil- Revised Code, the Charter of the City, Finance shall certify the amount of lion Two Hundred Thirty Thousand the General Bond Ordinance and this the initial purchase, which purchase, Dollars ($14,230,000) (the “Bonds”) to Ordinance for the purpose stated in together with all later purchases, finance the costs of certain perma- Section 1 hereof. The Bonds shall be shall be made on order of the Commis- nent improvements described in Sec- designated “Public Facilities sioner of Purchases and Supplies tion 1 of this ordinance (this “Ordi- Improvement Bonds” and may con- under a requisition against the con- nance”); and tain such further designation as pro- tract or contracts certified by the Whereas, the Director of Finance, vided in the certificate of award pro- Director of Finance. as fiscal officer of this City, has pre- viding for the final terms of the Bonds Section 5. That under Section 108(b) viously certified to this Council that and the sale of the Bonds signed by of the Charter, the purchases autho- the estimated life or usefulness of the the Director of Finance in accordance rized by this ordinance may be made improvements to be financed with the with this Ordinance (the “Certificate through cooperative arrangements proceeds of the Bonds is at least five of Award”). The Bonds shall be issued with other governmental agencies. years and that the maximum maturi- in one lot as fully registered Bonds in The Director of Public Safety may ty of the Bonds is 18 years, as evi- denominations of $5,000 or any inte- sign all documents that are necessary denced by the Certificate contained in gral multiple thereof. The Bonds to make the purchases, and may enter File No. 136-11-A; and shall be numbered as determined by into one or more contracts with the Whereas, this Council passed Ordi- the Director of Finance. vendors selected through that cooper- nance No. 1749-80 on October 8, 1980, The Bonds shall be issued in the ative process. and thereafter amended that ordi- principal amount specified in the Cer- Section 6. That The Director of Pub- nance by Ordinance No. 1112-83, tificate of Award, which shall not lic Safety is authorized to enter into passed May 6, 1983, and Ordinance No. exceed the amount stated in Section 1 one or more agreements with govern- 944-96, passed June 10, 1996 (Ordi- hereof. The Bonds shall be dated the mental entities to implement the pro- nance No. 1749-80, as so amended and date and shall bear interest from their gram as described in the file. as the same may further be amended date until the principal amount is Section 7. That the Director of Pub- from time to time in accordance with paid at the rate or rates per year spec- lic Safety is authorized to employ by its provisions, is referred to as the ified in the Certificate of Award, pro- contract or contracts one or more con- “General Bond Ordinance”), provid- vided that the weighted average of sultants or one or more firms of con- ing the general terms and provisions such rates (taking into account the sultants for the purpose of supple- for the issuance of unvoted general principal amount and maturity of menting the regularly employed staff obligations of the City, with the spe- each Bond to which a rate applies) of the several departments of the City cific terms of each series of Bonds to shall not exceed seven percent (7%) of Cleveland in order to provide pro- be contained in ordinances authoriz- per year. Interest on the Bonds shall fessional services necessary to imple- ing the issuance of Bonds in accor- be payable when due, or until the ment the program as described in the dance with the provisions thereof principal amount is paid, semiannual- file. (the “Series Bond Ordinances”); and ly as specified in the Certificate of 247 30 The City Record February 23, 2011

Award as the dates on which interest ting forth the extent of the credit to (c) Purchase in Lieu of Redemp- on the Bonds shall be payable (the be applied with respect to the then- tion. If and to the extent provided in “Interest Payment Dates”), beginning current Mandatory Sinking Fund the Certificate of Award, the City may on the date specified in the Certificate Redemption Requirement. If the cer- elect to purchase Bonds called for of Award as the first Interest Pay- tificate is not timely furnished to the optional redemption in lieu of redeem- ment Date. Escrow Agent, the Mandatory Sink- ing those Bonds. That election shall The Bonds shall mature in the ing Fund Redemption Requirement be exercised by written direction years and principal amounts as shall (and corresponding mandatory from the Director of Finance to the be permitted by law and determined redemption obligation) shall not be Registrar and the Escrow Agent. by the Director of Finance and speci- reduced. A credit against the then- That written direction shall state fied in the Certificate of Award, based current Mandatory Sinking Fund whether all or less than all of the on the written advice of a Financial Redemption Requirement (and corre- Bonds called for optional redemption Advisor to be in the best interests of sponding mandatory redemption are to be purchased by the City in lieu the City, provided that (i) each prin- obligation) also shall be received by of redemption, shall identify the cipal payment shall occur on an Inter- the City for any Term Bonds that Bonds to be purchased by their matu- est Payment Date, (ii) the first prin- prior thereto have been redeemed rity date and shall specify the princi- cipal payment on the Bonds shall be (other than through the operation of pal amount of each maturity to be pur- no earlier than November 15, 2011 and the Mandatory Sinking Fund chased in lieu of redemption. If less no later than December 31, 2013, (iii) Redemption Requirements) or pur- than all of the Bonds called for option- the final maturity date of the Bonds chased for cancellation and cancelled al redemption are to be purchased in shall be no later than 18 years from by the Registrar, to the extent not lieu of redemption, the amount of that date which is 12 months prior to applied theretofore as a credit each maturity to be purchased shall the first date on which provision for against any mandatory redemption be in amounts of $5,000 or integral payment of principal is made, and obligation. multiples of $5,000. Any Bonds called (iv) the principal amount thereof Each Term Bond so delivered, or for optional redemption that are not shall be payable in annual install- previously redeemed, or purchased to be purchased shall be redeemed in ments such that the total principal and cancelled, shall be credited by the accordance with their redemption pro- and interest payments on the Bonds Escrow Agent at 100% of the princi- visions. The purchase price of the in any fiscal year in which principal pal amount thereof against the then- Bonds to be purchased in lieu of is payable is not more than three current Mandatory Sinking Fund redemption shall be equal to the prin- times the amount of those payments Redemption Requirement (and corre- cipal of, any accrued but unpaid inter- in any other fiscal year. sponding mandatory redemption est on, and any premium that would The Bonds stated to mature in any obligation). Any excess of that have been payable on the Bonds on year may be issued as term bonds (the amount over the then-current Manda- the redemption date if the Bonds had “Term Bonds”), payable pursuant to tory Sinking Fund Redemption been optionally redeemed instead of Mandatory Sinking Fund Redemption Requirement shall be credited being purchased. No notice of the pur- Requirements as defined and further against subsequent Mandatory Sink- chase in lieu of redemption is described below. The Director of ing Fund Redemption Requirements required to be given to the owners of Finance shall determine in the Cer- (and corresponding mandatory the Bonds in addition to the notice of tificate of Award whether any of the redemption obligations) in the order redemption required by this Ordi- Bonds shall be issued as Term Bonds, directed by the Director of Finance. nance. The Escrow Agent or Regis- any dates (the “Mandatory Redemp- (b) Optional Redemption. The trar, as paying agent, shall not pur- tion Dates”) on which the principal Bonds may be subject to redemption chase Bonds if sufficient moneys amount of the Term Bonds shall be prior to maturity by and at the option have not been deposited with the payable pursuant to mandatory sink- of the City, in whole or in part on any Escrow Agent or Registrar, as paying ing fund installments rather than at date, in integral multiples of $5,000, agent, by the City for the purpose. On stated maturity and the amount of on the optional redemption dates and or prior to the scheduled date for principal to be paid on each Mandato- at the redemption prices (expressed optional redemption, the City may ry Redemption Date (the “Mandatory as a percentage of the principal rescind its direction to purchase the Sinking Fund Redemption Require- amount redeemed) specified in the Bonds in lieu of redemption by writ- ments”). Certificate of Award, plus, in each ten notice from the Director of The Bonds shall be subject to case, accrued interest to the redemp- Finance to the Registrar and the redemption or purchase prior to stat- tion date. The first optional redemp- Escrow Agent. In the event that the ed maturity as follows: tion date shall not be later than ten direction to purchase is rescinded, the (a) Mandatory Sinking Fund years from the first Interest Payment Bonds shall be redeemed on the Redemption. If any of the Bonds are Date, and the highest redemption redemption date set forth in the notice issued as Term Bonds, the Term price shall not be greater than 102% of redemption delivered to the owners Bonds shall be subject to mandatory of the principal amount redeemed of the Bonds and in accordance with sinking fund redemption and be plus accrued interest to the redemp- the provisions of this Ordinance. redeemed pursuant to Mandatory tion date. Based on the written advice (d) Partial Redemption or Pur- Sinking Fund Redemption Require- of a financial advisor, the Director of chase. If fewer than all of the out- ments, at a redemption price of 100% Finance may determine in the Certifi- standing Bonds are called for redemp- of the principal amount redeemed, cate of Award that it is in the best tion at one time (whether for redemp- plus interest accrued to the redemp- interests of the City for some or all of tion or purchase in lieu of redemp- tion date, on the Mandatory Redemp- the Bonds not to be callable prior to tion), they shall be called in the order tion Dates. their stated maturity. of maturities directed by the Director The aggregate of the moneys to be If optional redemption at a price of Finance. If fewer than all Bonds of deposited with the Escrow Agent, cur- exceeding 100% of the principal a single maturity are to be redeemed rently The Huntington National amount to be redeemed is to take or purchased in lieu of redemption, Bank, for payment of principal of and place as of any applicable Mandatory the selection of Bonds to be redeemed interest on any Term Bonds shall Redemption Date, the Bonds, or por- or purchased, or portions thereof in include amounts sufficient to redeem tions thereof, to be redeemed option- amounts of $5,000 or any integral mul- on the Mandatory Redemption Dates ally shall be selected by lot prior to tiple thereof, shall be made by the the principal amount of Term Bonds the selection by lot of the Bonds to be Registrar by lot in a manner deter- payable on those dates pursuant to redeemed on the same date by opera- mined by the Registrar. In the case of the Mandatory Sinking Fund tion of the Mandatory Sinking Fund a partial redemption or purchase of Redemption Requirements (less the Redemption Requirements of para- Bonds by lot when Bonds of denomi- amount of any credit as provided graph (a). The Bonds shall be nations greater than $5,000 are then below). redeemed pursuant to this paragraph outstanding, each $5,000 unit of prin- The City shall have the option to only upon written notice from the cipal thereof shall be treated as deliver to the Registrar (as defined in Director of Finance to the Registrar. though it were a separate Bond of the Section 3 hereof) for cancellation That notice shall specify the redemp- denomination of $5,000. If it is deter- Term Bonds in any aggregate princi- tion date and the principal amount of mined that one or more, but not all of pal amount and to receive a credit each maturity of Bonds to be the $5,000 units of principal amount against the then-current Mandatory redeemed, and shall be given at least represented by a Bond are to be called Sinking Fund Redemption Require- 45 days prior to the redemption date for redemption, then upon notice of ment (and corresponding mandatory or such shorter period as shall be redemption of a $5,000 unit or units, redemption obligation) of the City for acceptable to the Registrar. There the registered owner of that Bond any Term Bonds. That option shall be shall be deposited with the Registrar shall surrender the Bond to the Regis- exercised by the City on or before the on or prior to the redemption date trar (i) for payment of the redemption forty-fifth day preceding the applica- funds sufficient to redeem at the or purchase price of the $5,000 unit or ble Mandatory Redemption Date, by redemption price all of the units called for redemption (includ- furnishing the Escrow Agent a cer- redeemable Bonds for which notice of ing, without limitation, the interest tificate, signed by the Registrar, set- redemption has been given. accrued to the date fixed for redemp- 248 February 23, 2011 The City Record 31 tion and any premium), and (ii) for istrar or Escrow Agent as paying Ordinance and not substantially issuance, without charge to the regis- agent. Principal shall be payable adverse to the City. That approval tered owner thereof, of a new Bond or when due upon presentation and sur- shall be conclusively evidenced by Bonds of any authorized denomina- render of the Bonds at the principal the signing of the Registrar Agree- tion or denominations in an aggre- corporate trust office of the Regis- ment by the Director of Finance. The gate principal amount equal to the trar. Interest on a Bond shall be paid Director of Finance shall provide for unmatured portion of the Bond not on each Interest Payment Date by the payment of the services rendered redeemed or purchased and bearing check or draft mailed to the person in and for reimbursement of expenses interest at the same rate and matur- whose name the Bond was registered, incurred pursuant to the Registrar ing on the same date as the Bond sur- and to that person’s address appear- Agreement from the proceeds of the rendered. ing, on the Bond Register (as defined Bonds to the extent available and (e) Notice of Redemption. The in Section 3 hereof) at the close of then from other money lawfully avail- notice of the call for redemption of business on the date provided in the able and appropriated or to be appro- Bonds shall identify (i) by designa- Registrar Agreement authorized and priated for that purpose. tion, letters, numbers or other distin- defined in Section 3 hereof (the So long as any of the Bonds remain guishing marks, the Bonds or por- “Record Date”). Notwithstanding any outstanding, the City will cause the tions thereof to be redeemed, (ii) the contrary provision in the General Registrar to maintain and keep at its redemption price to be paid, (iii) the Bond Ordinance, so long as the Bonds principal corporate trust office all date fixed for redemption, and (iv) are held by a Depository in a book books and records necessary for the the place or places where the amounts entry system (as described in Sec- registration, exchange and transfer due upon redemption are payable. tion 3 hereof), debt charges on the of Bonds as provided in this Section The notice shall be given by the Reg- Bonds will be payable in lawful (the “Bond Register”). The person in istrar on behalf of the City by mailing money of the United States by wire whose name a Bond is registered on a copy of the redemption notice by transfer to the Depository made by the Bond Register shall be regarded first-class mail, postage prepaid, at the Escrow Agent on each Interest as the absolute owner of that Bond for least 30 days prior to the date fixed Payment Date. all purposes of this Ordinance. Pay- for redemption (or such period speci- This Series Bond Ordinance is ment of or on account of the debt fied in the Certificate of Award), to enacted pursuant to the General Bond charges on any Bond shall be made the registered owner of each Bond Ordinance. The General Bond Ordi- only to or upon the order of that per- subject to redemption in whole or in nance, except for the third paragraph son; neither the City nor the Registrar part at the registered owner’s address of Section 13(a) (pertaining general- shall be affected by any notice to the shown on the Bond Register main- ly to an adjustment of the interest contrary, but the registration may be tained by the Registrar at the close of rate in an event of default) and the changed as provided in this Section. business on the fifteenth day preced- third paragraph of Section 4 (pertain- All such payments shall be valid and ing that mailing and to any provider ing generally to the periods during effectual to satisfy and discharge the of a Credit Support Instrument (as which the City is not required to make City’s liability upon the Bond, includ- defined in Section 15 hereof) for the any transfers or exchanges of bonds ing interest, to the extent of the Bonds or designated portions thereof. issued under the General Bond Ordi- amount or amounts so paid. Failure to receive notice by mail or nance), will apply to the Bonds. Any Bond may be exchanged for any defect in that notice regarding Except for those provisions, the Gen- Bonds of any authorized denomina- any Bond, however, shall not affect eral Bond Ordinance is included as a tion upon presentation and surrender the validity of the proceedings for the part of this Ordinance as fully as if at the principal corporate trust office redemption of any Bond. Any notice restated in this Ordinance. Words and of the Registrar, together with a of redemption of any Bonds may spec- terms not otherwise defined in this request for exchange signed by the ify that the redemption is contingent Ordinance shall have the same mean- registered owner or by a person legal- on the deposit of moneys with the ing as set forth in the General Bond ly empowered to do so in a form satis- Escrow Agent or Registrar, as paying Ordinance. factory to the Registrar. A Bond may agent, on or prior to the redemption Section 3. Execution, be transferred only on the Bond Reg- date in an amount sufficient to pay Authentication, Approval and ister upon presentation and surrender the redemption price of the Bonds to Recording of the Bonds; Exchange of the Bond at the principal corporate be redeemed. and Transfer of the Bonds; Paying trust office of the Registrar together (f) Payment of Redeemed Bonds. Agents. The Bonds shall express upon with an assignment signed by the reg- Notice having been mailed in the man- their faces the purpose for which they istered owner or by a person legally ner provided in the preceding para- are issued and that they are issued empowered to do so in a form satis- graph, and moneys having been pursuant to this Ordinance. Pursuant factory to the Registrar. Upon deposited by the City with the Escrow to Section 4 of the General Bond Ordi- exchange or transfer the Registrar Agent or Registrar, as paying agent, nance, each Bond shall be authenti- shall complete, authenticate and in an amount sufficient to pay the cated by the manual signature of an deliver a new Bond or Bonds of any redemption price, the Bonds and por- authorized officer of the Trustee (as authorized denomination or denomi- tions thereof called for redemption defined therein). The Bonds shall be nations requested by the owner equal shall become due and payable on the signed by the City’s Mayor and by the in the aggregate to the unmatured redemption date, and, upon presenta- City’s Director of Finance, and, con- principal amount of the Bond surren- tion and surrender at the place or sistent with Section 133.27 of the Ohio dered and bearing interest at the places specified in that notice, shall Revised Code and notwithstanding same rate and maturing on the same be paid. If money for the redemption Section 177.02 of the Codified Ordi- date. of all of the Bonds and portions there- nances of the City, either or both of If manual signatures on behalf of of to be redeemed, including interest those signatures may be a facsimile. the City are required, the Registrar accrued to the redemption date, is The Bonds shall bear the seal of the shall undertake the exchange or held by the Registrar on the redemp- City, which seal may be a facsimile transfer of Bonds only after the new tion date, and, if notice of redemption seal. Pursuant to Section 83 of the Bonds are signed by the authorized has been deposited in the mail, then City’s Charter, the Director of Law officers of the City. In all cases of from and after the redemption date shall prepare the Bonds and shall Bonds exchanged or transferred, the those Bonds and portions thereof endorse thereon his approval of the City shall sign and the Registrar called for redemption shall cease to form and correctness thereof by his shall authenticate and deliver Bonds bear interest and no longer shall be manual or facsimile signature. in accordance with the provisions of considered to be outstanding. If that U.S. Bank National Association is this Ordinance. The exchange or money shall not be so available on the appointed to act as the authenticating transfer shall be without charge to redemption date, or that notice shall agent, bond registrar, transfer agent the owner, except that the City and not have been deposited in the mail, and paying agent for the Bonds (the Registrar may make a charge suffi- those Bonds and portions thereof “Registrar”). The Registrar shall also cient to reimburse them for any tax or shall continue to bear interest, until act as paying agent for the Bonds so other governmental charge required they are paid, at the same rate as they long as the Bonds are held in a book to be paid with respect to the would have borne had they not been entry system. The Director of Finance exchange or transfer. The City or the called for redemption. All money held is authorized to sign and deliver, in Registrar may require that those by the Registrar for the redemption of the name and on behalf of the City, an charges, if any, be paid before the pro- particular Bonds shall be held in trust agreement between the City and the cedure is begun for the exchange or for the account of the registered own- Registrar (the “Registrar Agree- transfer. All Bonds issued and ers and shall be paid to them, respec- ment”), approved as to form and cor- authenticated upon any exchange or tively, upon presentation and surren- rectness by the Director of Law, pro- transfer shall be valid obligations of der of those Bonds. viding for services relating to the reg- the City, evidencing the same debt, The debt charges on the Bonds istration, transfer, exchange and pay- and entitled to the same security and shall be payable in lawful money of ment of the Bonds on terms approved benefit under this Ordinance, as the the United States of America without by the Director of Finance on behalf Bonds surrendered upon that deduction for the services of the Reg- of the City and consistent with this exchange or transfer. 249 32 The City Record February 23, 2011

Notwithstanding any other provi- The Director of Finance is also Purchase Agreement by the Director sions of this Ordinance, if it is deter- hereby authorized and directed to the of Finance. It is determined that the mined by the Director of Finance to extent necessary or required to enter terms of the Bonds, as provided in this be advantageous to the City, the into any agreements determined nec- Ordinance and as may be provided in Bonds may be issued in book entry essary in connection with the book or pursuant to the Certificate of form in accordance with the provi- entry system for the Bonds, after Award, are in the best interest of the sions of this Section. As used in this determining that the signing thereof City and in compliance with all legal Section and this Ordinance: will not endanger the funds or securi- requirements. “Book entry form” or “book entry ties of the City and after the approval Pursuant to Section 133.30(B) of the system” means a form or system of the form of any such agreement by Ohio Revised Code, the Director of under which (i) the ownership of ben- the Director of Law. Finance may combine the Bonds with eficial interests in Bonds and the prin- Section 4. Sale of Bonds. other bonds into a single consolidated cipal of and interest on the Bonds may The Bonds shall first be offered for issue of bonds for purposes of their be transferred only through a book purchase to the Trustees of the Sink- sale as a single issue to be designated entry, and (ii) physical Bond certifi- ing Fund and, if not purchased by “Various Purpose General Obligation cates in fully registered form are them, shall be offered to the Treasury Bonds, Series 2011” or such other des- issued by the City only to a Deposito- Investment Account for purchase and, ignation as may be set forth in the ry or its nominee as registered owner, if not purchased for that Account, Certificate of Award. Such bonds with the Bonds “immobilized” in the shall be sold to one or more firms that shall contain a summary statement of custody of the Depository. The book have proposed to underwrite the purposes encompassing the purpose entry maintained by others than the Bonds and have been selected by the for which the Bonds are issued and City is the record that identifies the Director of Finance based on an eval- shall state that they are issued pur- owners of beneficial interests in those uation of the qualifications of those suant to this Ordinance. Bonds and that principal and interest. firms (collectively, the “Original Pur- Section 5. Provision for Levying “Depository” means any securities chaser”). and Collecting Tax. depository that is a clearing agency The Bonds shall be awarded to the For the purpose of providing the under federal law operating and Original Purchaser in the Certificate necessary funds to pay the interest on maintaining, with its Participants or of Award which shall specify the the Bonds promptly when and as the otherwise, a book entry system to final terms of the Bonds in accor- same falls due, and also to provide for record ownership of beneficial inter- dance with law, the provisions of this the discharge of the Bonds at maturi- ests in bonds or the principal and Ordinance, the written advice of a ty, there shall be and is levied on all interest, and to effect transfers of financial advisor retained under the taxable property in the City, in bonds, in book entry form, and authority of Section 16 hereof and the addition to all other taxes, a direct includes and means initially The Original Purchaser’s offer to pur- tax annually during the period the Depository Trust Company (a limited chase the Bonds, including: the prin- Bonds are outstanding, in an amount purpose trust company), New York, cipal amount of the Bonds, the pur- sufficient to provide for the payment New York. chase price (which shall be not less of that interest, when and as the same “Participant” means any partici- than 97% of the principal amount of shall fall due, and also to discharge pant contracting with a Depository the Bonds plus any accrued interest to the principal of the Bonds at maturi- under a book entry system and their date of delivery), interest rate or ty, which tax shall not be less than includes security brokers and dealers, rates, the amounts and years in which the interest and sinking fund tax banks and trust companies, and clear- principal installments are payable required by Section 11 of Article XII ing corporations. (at stated maturity or pursuant to of the Constitution of Ohio. The Bonds may be issued to a Mandatory Sinking Fund Redemption The tax shall be and is ordered com- Depository for use in a book entry Requirements), the Interest Payment puted, certified, levied and extended system and, if and as long as a book Dates and the date of the Bonds and upon the tax duplicate and collected entry system is utilized: (i) the Bonds any other matters required in this by the same officers, in the same man- may be issued in the form of a single, Ordinance to be set forth in that Cer- ner and at the same time that taxes fully registered Bond representing tificate. As appropriate under the for general purposes for each of those each maturity and registered in the Charter, the Mayor, Director of years are certified, extended and col- name of the Depository or its nomi- Finance, Director of Law, Clerk of lected. The tax shall be placed before nee, as registered owner, and immobi- Council and other appropriate offi- and in preference to all other items lized in the custody of the Depository; cers of the City are, and each of them and for the full amount thereof. The (ii) the beneficial owners in book is, authorized to take such actions as funds derived from those tax levies entry form shall have no right to are necessary, appropriate and in the shall be placed in the Unvoted Tax receive Bonds in the form of physical best interest of the City to establish Supported Obligations Account of the securities or certificates; (iii) owner- the terms and requirements for deliv- Sinking Fund as required by the Gen- ship of beneficial interests in book ery of the Bonds and to make such eral Bond Ordinance, and those funds, entry form shall be shown by book arrangements as are necessary with together with the interest collected on entry on the system maintained and the Original Purchaser in order to them, shall be irrevocably pledged for operated by the Depository and its establish the date, location, proce- the payment of principal of and inter- Participants, and transfers of the dures, and conditions for the delivery est on the Bonds when and as the ownership of beneficial interests of the Bonds to the Original Purchas- same fall due; provided, however, shall be made only by book entry by er, to give all appropriate notices and that, subject to the provisions of Sec- the Depository and its Participants; certificates, to cause a true transcript tion 8 of the General Bond Ordinance, and (iv) the Bonds as such shall not of proceedings with reference to the in each year to the extent that rev- be transferable or exchangeable, issuance of the Bonds to be delivered enues are available from other except for transfer to another Deposi- to the Original Purchaser, to sign any sources for the payment of the Bonds tory or to another nominee of a Depos- transcript certificates, financial and are appropriated for such pur- itory, without further action by the statements and other documents and pose, the amount of such tax shall be City. instruments and to take such actions reduced by the amount of such rev- If any Depository determines not to as are necessary or appropriate to enues so available and appropriated. continue to act as a Depository for the consummate the transactions contem- This Council hereby covenants, on Bonds for use in a book entry system, plated by this Ordinance and to take behalf of the City and its officials, the Director of Finance may attempt all steps necessary to effect the due pursuant to the authorization under to establish a securities execution, authentication and deliv- Sections 133.25(B)(1) and 5705.51 of depository/book entry relationship ery of the Bonds. The Director of the Ohio Revised Code, and in accor- with another qualified Depository. If Finance is further authorized to sign dance with the provisions of and to the Director of Finance does not or is and deliver on behalf of the City a the extent required or permitted by unable to do so, the Registrar, after bond purchase agreement between the General Bond Ordinance, that the making provision for notification of the City and the Original Purchaser City will appropriate annually from the beneficial owners by the then (the “Bond Purchase Agreement”), the proceeds of the City’s municipal Depository and any other arrange- approved as to form and correctness income taxes an amount as is neces- ments deemed necessary, shall permit by the Director of Law, setting forth sary to meet the annual debt charges withdrawal of the Bonds from the the terms and conditions on which the for the Bonds. Depository, and the Trustee and Reg- City agrees to sell the Bonds and the Section 6. Application of Proceeds. istrar shall authenticate and deliver Original Purchaser agrees to buy the The proceeds from the sale of the bond certificates in registered form to Bonds, which shall be consistent with Bonds, except for accrued interest the assigns of the Depository or its this Ordinance, not substantially thereon and any premium, shall be nominee, all at the cost and expense adverse to the City, and approved by expended and applied for the objects (including any costs of printing), if the Director of Finance and Director and purposes for which the Bonds are the event is not the result of City of Law on behalf of the City, all of issued. The proceeds of the Bonds to action or inaction, of those persons which shall be conclusively evi- be applied to pay costs of any Credit requesting such issuance. denced by the signing of the Bond Support Instruments obtained pur- 250 February 23, 2011 The City Record 33 suant to Section 15 hereof shall be for the payment, at their maturities or date of issuance, interest on the Notes paid to the provider or providers of redemption dates, of all debt charges shall be payable at maturity. those Credit Support Instruments. on the Bonds to their date of maturity U.S. Bank National Association is The proceeds of the Bonds to be used or redemption, as the case may be, or appointed to act as the authenticating to pay costs of issuing the Bonds shall if default in such payment shall have agent, registrar, transfer agent and be deposited with the Registrar in a occurred on such date then to the date paying agent for the Notes (the “Note separate account under the Registrar of the tender of such payment; provid- Registrar”). The Escrow Agent also Agreement pending their application ed, that if any Bonds are to be shall act as paying agent for the to the payment of such costs. Pur- redeemed prior to the maturity there- Notes if the Notes are held in a book suant to Chapter 133 of the Ohio of, notice of such redemption shall entry system. The Director of Finance Revised Code and this Ordinance, and have been duly given or irrevocable shall sign and deliver, in the name notwithstanding Chapter 179 of the provision satisfactory to the Trustee and on behalf of the City, an agree- Codified Ordinances, any accrued shall have been duly made for the giv- ment among the City, the Note Regis- interest and any premium received ing of such notice. Any moneys held trar and the Escrow Agent (the “Note from the sale of the Bonds shall be by the Escrow Agent in accordance Registrar Agreement”) providing for deposited in the Unvoted Tax Sup- with the provisions of this Section services relating to the registration, ported Obligations Account of the shall be invested by the Escrow transfer, exchange and payment of Sinking Fund to be applied to the pay- Agent in direct obligations of the Notes on terms that are approved by ment of the principal of and interest United States of America maturing, or the Director of Finance on behalf of on the Bonds. redeemable at the option of the hold- the City. That approval shall be con- Section 7. General Obligation. er, at times and in amounts sufficient clusively evidenced by the signing of The Bonds are secured by a pledge to meet payment of debt charges on the Note Registrar Agreement by the and lien on a parity with the pledges the Bonds, as directed by the Director Director of Finance. The Director of and liens authorized by the General of Finance. Any income or interest Finance shall provide for the pay- Bond Ordinance and, in addition to earned by, or increment to, the invest- ment of the services rendered and for the taxes and revenues specifically ments held under this Section shall, to reimbursement of expenses incurred pledged pursuant to this Ordinance the extent determined from time to pursuant to the Note Registrar Agree- and the General Bond Ordinance and time by the Escrow Agent to be in ment from the proceeds of the Notes to the other covenants, terms and agree- excess of the amount required to be the extent available and then from ments provided hereunder and in the held by it for the purposes of this Sec- other money lawfully available and General Bond Ordinance to secure tion, be transferred at the time of appropriated or to be appropriated for payment of the principal of and inter- such determination as provided in that purpose. est on the Bonds, the City hereby Section 17(a) of the General Bond So long as any of the Notes remain determines, declares, warrants and Ordinance for unclaimed funds held outstanding, the City will cause the covenants that the Bonds are general by a Paying Agent. In the event of Note Registrar to maintain and keep obligations of the City and that the nonpresentment of any Bond as at its principal corporate trust office full faith and credit of the City are described in Section 17(a) of the Gen- all books and records necessary for hereby pledged for the payment of the eral Bond Ordinance, the moneys held the registration, exchange and trans- principal of and interest on the Bonds pursuant to this Section shall be held fer of Notes as provided in this Section in accordance with the laws and Con- and paid as provided in said Sec- (the “Note Register”). The person in stitution of the State of Ohio, this tion 17(a) for unclaimed funds held whose name a Note is registered on Ordinance and the General Bond Ordi- by a Paying Agent. the Note Register shall be regarded as nance. Section 9. Bond Anticipation Notes. the absolute owner of that Note for all Section 8. Defeasance. For the purpose of raising money in purposes of this Ordinance. Payment (a) Release of Ordinance. If the anticipation of the issuance of the of or on account of the debt charges City shall pay or cause to be paid and Bonds for the purpose set forth in Sec- on any Note shall be made only to or discharged all the outstanding Bonds, tion 1 hereof, notes of the City may be upon the order of that person; neither or there shall otherwise be paid to the issued in an aggregate principal the City nor the Note Registrar shall holders of the outstanding Bonds all amount not to exceed Fourteen Mil- be affected by any notice to the con- debt charges due or to become due lion Two Hundred Thirty Thousand trary, but the registration may be thereon, and provision shall also be Dollars ($14,230,000) (the “Notes”) changed as provided in this Section. made for paying all other sums upon the direction of the Director of All such payments shall be valid and payable hereunder, then and in that Finance to be set forth in a certificate effectual to satisfy and discharge the event this Ordinance (except for Sec- providing for the final terms of the City’s liability upon the Note, includ- tion 8(b) hereof) shall cease to be of Notes and the sale of the Notes and ing interest, to the extent of the further effect, and the covenants, signed by the Director of Finance amount or amounts so paid. agreements and other obligations of (the “Note Certificate of Award”). Any Note may be exchanged for the City under this Ordinance shall be (a) Terms of the Notes. The Notes Notes of any authorized denomination discharged and satisfied, and there- shall bear interest at such rate, not upon presentation and surrender at upon the Trustee shall at the request exceeding seven percent (7%) per the principal corporate trust office of of the City execute and deliver to the year, as may be fixed by the Director the Note Registrar, together with a City such instruments in writing as of Finance of the City in the Note Cer- request for exchange signed by the shall discharge the lien hereof and tificate of Award; shall be dated their registered owner or by a person legal- enter on the record such discharge of date of issuance; shall mature on the ly empowered to do so in a form satis- the lien and such other instruments as date set forth in the Note Certificate factory to the Note Registrar. A Note may be reasonably required by the of Award, which shall be no later than may be transferred only on the Note City. five years from such date of issuance; Register upon presentation and sur- (b) Payment and Discharge of shall be subject to redemption by the render of the Note at the principal cor- Bonds. Outstanding Bonds shall be City at any time prior to maturity porate trust office of the Note Regis- deemed to have been paid and dis- without penalty, provided that, if the trar together with an assignment charged within the meaning of this Director of Finance, based on the signed by the registered owner or by Ordinance, including without limita- advice of a financial advisor, deter- a person legally empowered to do so tion, Section 8(a) hereof, if: mines that it is in the best interest of in a form satisfactory to the Note Reg- (i) the Escrow Agent or Paying the City in order to enhance the mar- istrar. Upon exchange or transfer the Agent shall hold in special accounts ketability of the Notes, the Director of Note Registrar shall complete, or subaccounts, in trust for and irrev- Finance may cause the Notes to not be authenticate and deliver a new Note ocably committed solely thereto, suf- redeemable for a period which ends or Notes of any authorized denomina- ficient moneys; or no later than the date which is two tion or denominations requested by (ii) the Escrow Agent shall hold in years following the date of issuance the owner equal in the aggregate to special accounts or subaccounts, in of the Notes; shall be designated “Pub- the unmatured principal amount of trust for and irrevocably committed lic Facilities Improvement Bond the Note surrendered and bearing solely thereto, direct obligations of Anticipation Notes”; shall be issued in interest at the same rate and matur- the United States certified by an inde- such numbers and denominations as ing on the same date. pendent public accounting firm of may be requested by the Note Pur- If manual signatures on behalf of national reputation to be of such chaser (hereinafter defined); and the City are required, the Note Regis- maturities and interest payment shall be issued in fully registered trar shall undertake the exchange or dates and to bear such interest, with- form (which may be in a book entry transfer of Notes only after the new out further investment or reinvest- only system) in denominations of Notes are signed by the authorized ment of either the principal amount $5,000 or integral multiples thereof. officers of the City. In all cases of thereof or the interest earnings there- Interest shall be payable semiannual- Notes exchanged or transferred, the from (likewise to be held in trust and ly on the dates set forth in the Note City shall sign and the Note Registrar committed, except as hereinafter pro- Certificate of Award; provided that if shall authenticate and deliver Notes vided), as will be sufficient, together the Notes mature on or before the end in accordance with the provisions of with moneys referred to in (i) above, of the twelfth month following their this Ordinance. The exchange or 251 34 The City Record February 23, 2011 transfer shall be without charge to Section 10. Provision for Levying thereby to implement that agreement, the owner, except that the City and and Collecting Tax. including provisions for enforcement, Note Registrar may make a charge During the year or years while the amendment and termination, the sufficient to reimburse them for any Notes are outstanding there shall be Director of Finance is authorized and tax or other governmental charge levied on all the taxable property in directed to prepare, or cause to be pre- required to be paid with respect to the the City, in addition to all other taxes pared, and to sign and deliver, in the exchange or transfer. The City or the but within tax limitations, a direct name and on behalf of the City, a con- Note Registrar may require that those tax annually not less than that which tinuing disclosure agreement or cer- charges, if any, be paid before the pro- would have been levied if bonds had tificate, which shall constitute the cedure is begun for the exchange or been issued therefor without the prior continuing disclosure agreement transfer. All Notes issued and authen- issue of the Notes. That tax shall be made by the City for the benefit of the ticated upon any exchange or trans- and is ordered computed, certified, holders and beneficial owners of the fer shall be valid obligations of the levied and extended upon the tax Notes or the Bonds, as the case may City, evidencing the same debt, and duplicate and collected by the same be, in accordance with the SEC Rule. entitled to the same security and ben- officers, in the same manner and at The performance of that agreement efit under this Ordinance, as the Notes the same time that taxes for general shall be subject to the availability of surrendered upon that exchange or purposes for each year are certified, funds and their annual appropriation transfer. extended and collected. That tax to meet costs the City would be Pursuant to Section 133.30(B) of the shall be placed before and in prefer- required to incur to perform it. The Director of Finance is further autho- Ohio Revised Code, the Director of ence to all other items and for the full amount thereof. The funds derived rized and directed to establish proce- Finance may combine the Notes with from the tax levies required by this dures in order to ensure compliance other bond anticipation notes of the Ordinance shall be placed in the by the City with its continuing disclo- City for purposes of their sale as a sin- Unvoted Tax Supported Obligations sure agreement, including the timely gle issue to be designated “Various Account, and those funds, together provision of information and notices. Purpose General Obligation Bond with the interest collected on them, Section 12. Miscellaneous. Anticipation Notes.” The Notes shall shall be irrevocably pledged for the (a)Any provisions of the Codified contain a summary statement of pur- payment of the principal and interest Ordinances of the City that are incon- poses encompassing the purpose for of the Notes or the Bonds in anticipa- sistent with the provisions of this which the Notes are issued and shall tion of which they are issued, when Ordinance and the General Bond Ordi- state that they are issued pursuant to and as the same falls due; provided, nance shall not apply to the Bonds or this Ordinance. however, that in each year to the the Notes authorized herein. (b) Execution and Payment of the extent that revenues are available (b) All covenants, terms and provi- Notes. The Notes shall express upon from other sources for the payment of sions of the General Bond Ordinance their faces the purpose for which they the Notes and Bonds and are appropri- are fully applicable to the Bonds and are issued and that they are issued ated for such purpose, the amount of the Notes authorized herein, and noth- pursuant to this Ordinance. Each Note such direct tax upon all of the taxable ing in this Ordinance shall be deemed shall be authenticated by the manual property in the City may be reduced to alter or restrict such full applica- signature of an authorized officer of by the amount of such revenues so tion of the General Bond Ordinance, the Trustee (as defined therein). The available and appropriated. except for the exclusion from applica- Notes shall be signed by the City’s Section 11. Official Statement; Con- tion to the Bonds and the Notes autho- Mayor and by the City’s Director of tinuing Disclosure. rized herein of the provisions of the Finance, and, consistent with Section If, in the judgment of the Director third paragraph of Section 13(a) and 133.27 of the Ohio Revised Code and of Finance, a disclosure document the third paragraph of Section 4 of the notwithstanding Section 177.02 of the (each, an “Official Statement”) is General Bond Ordinance, pursuant to Codified Ordinances of the City, appropriate or necessary in connec- Section 2 hereof. either or both of those signatures may tion with the sale of the Notes or the Section 13. Captions. be a facsimile. The Notes shall bear Bonds, the Director of Finance is The captions or headings in this the seal of the City, which seal may be authorized to prepare or cause to be Ordinance are for convenience only a facsimile seal. Pursuant to Sec- prepared on behalf of the City an Offi- and in no way define, limit or describe tion 83 of the City’s Charter, the Direc- cial Statement with respect to the the scope or intent of any provisions tor of Law shall prepare the Notes and Notes or the Bonds, as the case may or sections of this Ordinance. Section 14. Federal Tax Covenants. shall endorse thereon his approval of be, and any necessary supplements The City covenants that it will use, the form and correctness thereof by and to authorize the use and distribu- and will restrict the use and invest- his manual or facsimile signature. tion of each Official Statement and any supplements. The Director of ment of, the proceeds of the Notes and (c) Sale of the Notes. The Notes the Bonds in such manner and to such shall first be offered for purchase to Finance is authorized to sign on behalf of the City and in her official extent as may be necessary so that the Trustees of the Sinking Fund and, (a) the Notes and the Bonds will not if not purchased by them, shall be capacity each Official Statement and any supplements approved by her. (i) constitute private activity bonds, offered to the Treasury Investment arbitrage bonds or hedge bonds under The Director of Finance is authorized Account for purchase and, if not pur- Sections 141, 148 or 149 of the Internal to sign and deliver on behalf of the chased for that Account, shall be sold Revenue Code of 1986, as amended City and in her official capacity such to one or more firms that have pro- (the “Code”) or (ii) be treated other certificates in connection with the posed to underwrite the Notes and than as bonds to which Section 103(a) accuracy of each Official Statement have been selected by the Director of of the Code applies, and (b) the inter- Finance based on an evaluation of the and any supplements as may, in the est thereon will not be treated as an qualifications of those firms (the judgment of the Director of Finance, item of tax preference under Sec- be necessary or appropriate. The “Note Purchaser”) in the principal tion 57 of the Code. Director of Finance is also authorized amount set forth in a certificate of The City further covenants that (a) to determine and certify on behalf of award to be executed by the Director it will take or cause to be taken such the City that such disclosure docu- of Finance (the “Note Certificate of actions that may be required of it for ment is “deemed final” by the City Award”) at not less than par and the interest on the Notes and the within the meaning of Securities and Bonds to be and to remain excluded accrued interest and at a rate not Exchange Commission Rule 15c2-12 exceeding that set forth in Section 10 from gross income for federal income (the “SEC Rule”). The Director of tax purposes, (b) it will not take or hereof. The proceeds of such sale Finance is authorized to contract for shall be paid into the proper fund and authorize to be taken any actions that services for the production and distri- would adversely affect that exclu- used for the purpose for which the bution of preliminary and final Offi- Notes are being issued under the pro- sion, and (c) it, or persons acting for cial Statements, including by printed it, will, among other acts of compli- visions of this Ordinance. and electronic means. ance, (i) apply the proceeds of the (d)Security for the Notes. The Notes For the benefit of the holders and Notes and the Bonds to the govern- shall be the full general obligations beneficial owners from time to time of mental purpose of the borrowing, (ii) of the City, and the full faith, credit the Notes or the Bonds, the City restrict the yield on investment prop- and revenue of the City are hereby agrees, in accordance with, and as the erty acquired with those proceeds, pledged for the prompt payment of only obligated person with respect to (iii) make timely and adequate pay- the same. The par value to be received the Notes and the Bonds under the ments to the federal government, (iv) from the sale of the Notes and any SEC Rule, to provide or cause to be maintain books and records and make excess funds resulting from the provided such financial information calculations and reports, and (v) issuance of the Notes shall, to the and operating data and notices, in refrain from certain uses of those pro- extent necessary, be used for the such manner as may be required for ceeds, and, as applicable, of property retirement of the Notes at maturity, purposes of the SEC Rule. In order to financed with such proceeds, all in together with the interest thereon, describe and specify certain terms of such manner and to the extent neces- and are hereby pledged for such pur- the City’s continuing disclosure sary to assure such exclusion of that pose. agreement for that purpose, and interest under the Code. 252 February 23, 2011 The City Record 35

Each covenant made in this Section ment” means an insurance policy, visions to any other person or circum- with respect to the Notes and the surety, letter of credit, or other instru- stance, other than those as to which it Bonds is also made with respect to all ment used to enhance or provide for is held invalid, shall not be affected issues any portion of the debt service the security of Bonds. The cost of thereby, and it is hereby declared to on which is paid from proceeds of the obtaining each rating and the cost of be the legislative intent that the other Notes or the Bonds (and, if different, obtaining each Credit Support Instru- provisions of this Ordinance would the original issue and any refunding ment, except to the extent paid by the have been passed independently of issues in a series of refundings), to Original Purchasers in accordance such section, or parts of a section, so the extent such compliance is neces- with the Bond Purchase Agreement, held to be invalid. sary to assure exclusion of interest on shall be paid from the proceeds of Section 21. Legislative Intent. the Notes and the Bonds from gross Bonds or funds appropriated for that All terms, conditions, pledges, income for federal income tax purpos- purpose. covenants or agreements on the part es, and the officers identified above Section 16. Financial Advisor. of the City provided for in this Ordi- are authorized to take actions with The Director of Finance may obtain nance are made by the voluntary act respect to those issues as they are the services of one or more financial of the City under its lawful authority, authorized in this Section to take with advisors, from time to time, to assist including its authority under its Char- respect to the Notes and the Bonds. the Director of Finance in making ter and Article XVIII of the Constitu- The Director of Finance, as the fis- any of the determinations required by tion of Ohio. cal officer, or any other officer of the this Ordinance to be determined by Nothing in this Ordinance is intend- City having responsibility for the Director of Finance. The Director ed to, and no provision hereof shall be issuance of the Notes and the Bonds is of Finance may rely on the written applied in any manner as would, hereby authorized (a) to make or advice of any financial advisor so impair the obligation of contract of effect any election, selection, desig- retained. Any financial advisor the City with respect to any outstand- nation, choice, consent, approval, or employed under the authority of this ing bonds, notes, certificates of waiver on behalf of the City with Ordinance shall be disinterested in indebtedness, other obligations, trust respect to the Notes and the Bonds as the transaction and be independent of indentures, trust agreements, or other the City is permitted or required to the Original Purchasers and any agreements or contracts made or make or give under the federal other party interested in the transac- entered into by the City and for which income tax laws, including, without tion. consideration was duly received by limitation thereto, any of the elec- Section 17. Open Meeting Determi- the City prior to the passage of this tions provided for in nation. Ordinance or the General Bond Ordi- Section 148(f)(4)(C) of the Code or It is found and determined that all nance. available under Section 148 of the formal actions of this Council and of Section 22. Emergency Measure. Code, for the purpose of assuring, any of its committees concerning and This Ordinance is declared to be an enhancing or protecting favorable relating to the passage of this Ordi- emergency measure for the immedi- tax treatment or status of the Notes nance were taken, and that all delib- ate preservation of the public peace, and the Bonds or interest thereon or erations of this Council and any of its property, health and safety of the City assisting compliance with require- committees that resulted in these for- by providing funds to pay the costs of ments for that purpose, reducing the mal actions were held, in meetings certain permanent improvements burden or expense of such compli- open to the public in compliance with which are urgently needed for the ance, reducing the rebate amount or all legal requirements, including, benefit of the City and for the usual payments or penalties, or making without limitation, Section 121.22 of daily operation of a municipal depart- payments of special amounts in lieu the Ohio Revised Code. ment, and, provided this Ordinance of making computations to deter- Section 18. Findings and Recitals of receives the affirmative vote of two- mine, or paying, excess earnings as Validity. thirds of all members elected to Coun- rebate, or obviating those amounts or It is hereby determined, represent- cil, it shall take effect and be in force payments, as determined by that offi- ed and recited that all acts, conditions immediately upon its passage and cer, which action shall be in writing and things necessary to be done approval by the Mayor; otherwise it and signed by the officer, (b) to take precedent to and in the issuing of the shall take effect and be in force from any and all other actions, make or Bonds and the Notes in order to make and after the earliest date allowed by obtain calculations, make payments, them legal, valid and binding obliga- law. and make or give reports, covenants tions of the City have happened, been Passed February 14, 2011. and certifications of and on behalf of done and been performed in regular Effective February 18, 2011. the City, as may be appropriate to and due form as required by law; and assure the exclusion of interest from that no limitation of indebtedness or gross income and the intended tax taxation, either statutory or constitu- status of the Notes and the Bonds, and tional, will have been exceeded in the (c) to give one or more appropriate issuance of the Bonds or the Notes. It Ord. No. 185-11. certificates of the City, for inclusion is further found and determined, and By Council Members Cleveland and in the transcript of proceedings for is hereby represented and recited, Sweeney (by departmental request). the Notes and the Bonds, setting forth that the provisions of Sections 28, 29, An emergency ordinance to amend the reasonable expectations of the 32, 33 (including the provisions of Sec- Sections 1 and 2 of Ordinance No. 770- City regarding the amount and use of tion 33 with respect to readings on 09, passed June 8, 2009, relating to all the proceeds of the Notes and the three separate days or dispensing applying for and accepting a grant Bonds, the facts, circumstances and with such readings by a two-thirds from Living Cities for the Reimagin- estimates on which they are based, vote of all members of the Council), ing and Re-using Vacant Land in and other facts and circumstances rel- 36, 37, 48 and all other applicable pro- Cleveland Program and authorizing evant to the tax treatment of the visions of the City’s Charter and the implementing contracts; to supple- interest on and the tax status of the rules of this Council have been fully ment the ordinance by adding new Notes and the Bonds. complied with and this Ordinance was Section 4, and renumbering existing Section 15. Credit Enhancement and passed in conformity therewith. Sections 4 and 5 to new Sections 5 and Ratings. Section 19. Delivery to County. 6. If, in the judgment of the Director The Director of Finance is directed Whereas, this ordinance constitutes of Finance, based on the written to forward a certified copy of this an emergency measure providing for advice of a Financial Advisor, the fil- Ordinance and of the Certificate of the usual daily operation of a munici- ing of an application for a rating on Award for the Bonds and any Note pal department; now, therefore, the Bonds or designated portion Certificate of Award to the appropri- Be it ordained by the Council of the thereof by one or more nationally rec- ate official of the County of Cuya- City of Cleveland: ognized rating agencies is in the best hoga, Ohio and to secure a receipt Section 1. That Sections 1 and 2 of interest of the City, the Director of therefor. Ordinance No. 770-09, passed June 8, Finance is authorized to prepare and Section 20. Severability. 2009, are amended to read as follows: submit those applications and to pro- Each section and each part of each Section 1. That the Director of City vide to each such agency such infor- section of this Ordinance is hereby Planning is authorized to apply for mation as may be required for the pur- declared to be an independent section and accept a grant in the approximate pose. The Director of Finance is or part of a section and, notwithstand- amount of $300,000, and any other authorized to contract for one or more ing any other evidence of legislative funds that become available during Credit Support Instruments for the intent, it is hereby declared to be the the grant term from Living Cities to Bonds or designated portions thereof controlling legislative intent that if conduct the Reimagining and Re- if the Director determines, based on any such section or part of a section using Vacant Land in Cleveland Pro- the written advice of a Financial or any provision thereof, or the appli- gram; that the Director is authorized Advisor, that the Credit Support cation thereof to any person or cir- to file all papers and execute all docu- Instruments will result in debt ser- cumstance, is held to be invalid, the ments necessary to receive the funds vice savings to the City. As used in remaining sections or parts of sec- under the grant; and that the funds this Section, “Credit Support Instru- tions and the application of such pro- are appropriated for the purposes 253 36 The City Record February 23, 2011 described in the award letter and in U.S. Department of Transportation; years, with one five-year option to the e-mail from Dave Lafleur of Liv- and renew, exercisable by the Director of ing Cities, dated November 29, 2010, Whereas, the share of the City’s Public Safety. and letter from Chris Warren dated cost of the Improvement is now esti- Whereas, the USS Cleveland (LPD- November 15, 2010, for the grant con- mated to be $683,100.00 but may be 7) was placed in commission on April tained in the file described below. adjusted when the percentages of 21, 1967, at Norfolk, Virginia; and Section 2. That the award letter for actual costs are determined; and Whereas, after commissioning, the the grant and the e-mail from Dave Whereas, the Ohio Director of USS Cleveland changed its homeport Lafleur of Living Cities, dated Transportation has approved the leg- to San Diego, California, became a November 29, 2010, and letter from islation proposing cooperating and member of the Pacific Fleet’s Chris Warren dated November 15, has caused to be made plans and spec- Amphibious force, and performed a 2010, File No. 770-09-A and 770-09-B, ifications and an estimate of costs wide variety of missions in both the made a part of this ordinance as if and expense for the Improvement and Eastern and Western Pacific; and fully rewritten, as presented to the has transmitted copies of the same to Whereas, the USS Cleveland has Finance Committee of this Council at this legislative authority; and had a proud and honorable 35-year the public hearing on this legislation, Whereas, the City desires the Ohio history beginning in 1967, where she are approved in all respects and shall Director of Transportation to proceed first saw action during the TET not be changed without additional with the Improvement; and Offensive and later assisted in the legislative authority. Whereas, this ordinance constitutes mine-clearing efforts of Haiphong Section 2. That existing Sections 1 an emergency measure providing for Harbor and Operation End Sweep fol- and 2 of Ordinance No. 770-09, passed the usual daily operation of a munici- lowing the Vietnam War cease fire; June 8, 2009, are repealed. pal department; now, therefore, and Section 3. That Ordinance No. 770- Be it ordained by the Council of the Whereas, hallmarking her diversi- 09, passed June 8, 2009, is supplement- City of Cleveland: ty and professionalism, from Novem- ed by adding new Section 4 to read as Section 1. That this Council ber 1988 through 2000, the USS Cleve- follows: requests the Ohio Director of Trans- land was assigned duties as the Third Section 4. That the Director of City portation to proceed with the Fleet flagship, assisted with the Planning is authorized to enter into Improvement. Exxon Valdez disaster, deployed to an amendment to the contract with Section 2. That the Director of Capi- Operation Desert Shield and Opera- Stephanie Howse, entered into under tal Projects is empowered on behalf tion Desert Storm, supported law Ordinance No. 770-09, to include man- of the City to enter into contracts with enforcement operations in Central aging and preparing all reports for the Ohio Department of Transporta- America, became the first LPD to the Cleveland Opportunity Corridor tion’s (“ODOT’s”) pre-qualified con- embark an SH-60 Seahawk helicopter, Brownfield Area Wide Planning Pilot sultants for the preliminary engineer- played a key role in the largest mar- Program, and expiring May 31, 2011. ing phase of the Project and to enter itime cocaine seizure to date involv- Section 4. That existing Sections 4 into contracts with the Director of ing the “Sea Chariot”, participated in and 5 of Ordinance No. 770-09, passed Transportation necessary to complete United Nations relief efforts in Rwan- June 8, 2009, are renumbered to new the Improvement. Upon the request of da, participated in the relocation of “Section 5” and “Section 6”. ODOT, the Director of Capital Pro- the U.S. Liaison office from Section 5. That this ordinance is jects is also empowered to assign all Mogadishu, Somalia, assisted in the declared to be an emergency measure rights, title, and interests of the City North Persian Gulf with Operation and, provided it receives the affirma- to ODOT arising from any agreement Vigilant Warrior, and participated in with its consultant in order to allow tive vote of two-thirds of all the mem- the recovery and salvage efforts of ODOT to direct additional or correc- bers elected to Council, it shall take Alaska Airlines Flight 261; and tive work, recover damages due to effect and be in force immediately Whereas, in her 35 years of service, errors or omissions, and to exercise upon its passage and approval by the the USS Cleveland has received two all other contractual rights and reme- Mayor; otherwise it shall take effect dies afforded by law or equity. Combat Action Ribbons, the Joint and be in force from and after the ear- Section 3. That, under Ordinance Meritorious Unit Award, the Navy liest period allowed by law. No. 319-09, passed March 16, 2009, this Unit Commendation, three Meritori- Passed February 14, 2011. Council authorized payment to the ous Unit Commendations, eight Navy Effective February 14, 2011. State of the City’s share of the Excellence Ribbons, three Armed Improvement, payable from subordi- Forces Expeditionary Medals, twen- nate lien income tax bonds of the City ty-three Vietnam Service Medals, the of Cleveland authorized by Ordinance Southwest Asia Service Medal, the Ord. No. 204-11. No. 459-10, and from Fund Nos. 20 SF Humanitarian Service Medal, the By Council Members Zone, 380, 20 SF 383, 20 SF 394, 20 SF 500, 20 Coast Guard Unit Commendation with Polensek, Miller, Cleveland and SF 506, 20 SF 510, 20 SF 520, 20 SF 528, Operational Distinguishing Device, Sweeney (by departmental request). 20 SF 534, Request No. RQS 4004, RL and three Vietnam Gallantry Cross An emergency ordinance giving 2011-25. Unit Citations; and final consent of the City of Cleveland Section 4. That the Clerk of Council Whereas, the USS Cleveland will to the State of Ohio for the rehabilita- is authorized and directed to transmit continue on active duty until decom- tion and replacement of concrete to the State three (3) certified copies missioned on or about September 30, retaining walls at Norfolk and South- of this ordinance immediately on its 2011; and ern Railroad Bridge over Madison taking effect, and it shall become the Whereas, part of the ship’s invento- Avenue and CSX Railroad Bridge basis for proceeding with the ry is the bronze bell which once may over Nottingham Road; and authoriz- Improvement. have been onboard an earlier USS ing the Director of Capital Projects to Section 5. That this ordinance is Cleveland warship, the USS Cleveland enter into contracts with the State of declared to be an emergency measure (CL-55, 1942 to 1960), and quite possi- Ohio. and, provided it receives the affirma- bly the first USS Cleveland (Cruiser Whereas, under Ordinance No. 319- tive vote of two-thirds of all the mem- 19, later PG-33 and CL-21, 1903 to 09, passed March 16, 2009, this Council bers elected to Council, it shall take 1030); and authorized the City of Cleveland to effect and be in force immediately Whereas, the City of Cleveland, cooperate with the Director of Trans- upon its passage and approval by the Ohio, would like to have the bell des- portation for the rehabilitation and Mayor; otherwise it shall take effect ignated to our City so that we may replacement of concrete retaining and be in force from and after the ear- display it, or other memorabilia from walls at Norfolk and Southern Rail- liest period allowed by law. the USS Cleveland, in a prominent and road Bridge over Madison Avenue and Passed February 14, 2011. secure location to be viewed by our CSX Railroad Bridge over Notting- Effective February 14, 2011. citizens and visitors to honor and cel- ham Road, including drainage system ebrate the proud history of the USS installation, curb and sidewalk Cleveland; and replacement, and minor roadway Whereas, the somber decommis- work (the “Improvement”); and Ord. No. 206-11. sioning of the USS Cleveland may Whereas, the City shall cooperate By Council Members Conwell and mark the end of a line of United States with the Ohio Director of Transporta- Sweeney (by departmental request). ships named Cleveland, and it would tion in the above described project by An emergency ordinance authoriz- be fitting and appropriate that the assuming and bearing one hundred ing the Director of Public Safety to bell, or other memorabilia, be entrust- percent (100%) of the entire cost of enter into an agreement with the ed to the citizens of the City of Cleve- the Improvement, less the amount of United States Navy, or its designee, to land, Ohio, when, and if, a new USS Federal-aid funds set aside by the receive and display the bell, or other Cleveland is commissioned; and Director of Transportation and memorabilia, of the United States Whereas, this ordinance constitutes NOACA for the financing of this naval warship, the USS Cleveland, fol- an emergency measure providing for Improvement from funds allocated by lowing decommissioning on or about the usual daily operation of a munici- the Federal Highway Administration, September 30, 2011, for a period of five pal department; now, therefore, 254 February 23, 2011 The City Record 37

Be it ordained by the Council of the sional services to assist with legisla- Detroit, east on Detroit to West 76th, City of Cleveland: tive and various Council matters for north on West 76th to Father Caruso Section 1. That the Director of Pub- Cleveland City Council. This agree- Drive, east on Father Caruso to tun- lic Safety is authorized to enter into ment shall be entered into as of Feb- nel to Edgewater park and finish, pro- an agreement with the United States ruary 22, 2011 and shall terminate vided that the applicant sponsor shall Navy, or its designee, to receive and May 6, 2011. The agreement shall be meet all the requirements of Section display the bell, or other memorabilia, certified for $6,000.00 from fund num- 411.05 of the Codified Ordinances of of the United States naval warship, ber 01, subfund 001, account 6320. Cleveland, Ohio, 1976. Streets may be the USS Cleveland (LPD-7), following Section 2. That this ordinance is closed as determined by the Chief of decommissioning on or about Septem- hereby declared to be an emergency Police and safety forces as may be ber 30, 2011, for a period of five years, measure and, provided it receives the necessary in order to protect the par- with one five-year option to renew, affirmative vote of two-thirds of all ticipants in the event. Said permit exercisable by the Director of Public the members elected to Council, it shall further provide that the City of Safety. If the Director of Public Safe- shall take effect and be in force imme- Cleveland shall be fully indemnified ty exercises the option to renew, then diately upon its passage and approval from any and all liability resulting he or she shall notify this Council of by the Mayor; otherwise it shall take from the issuance of the same, to the that action. effect and be in force from and after Section 2. That this ordinance is the earliest period allowed by law. extent and in form satisfactory to the Director of Law. declared to be an emergency measure Passed February 14, 2011. Section 2. That this ordinance is and, provided it receives the affirma- Effective February 18, 2011. tive vote of two-thirds of all the mem- hereby declared to be an emergency bers elected to Council, it shall take measure and, provided it receives the effect and be in force immediately affirmative vote of two-thirds of all the members elected to Council, it upon its passage and approval by the Ord. No. 229-11. Mayor; otherwise it shall take effect shall take effect and be in force imme- By Council Members Westbrook diately upon its passage and approval and be in force from and after the ear- and Zone. by the Mayor; otherwise, it shall take liest period allowed by law. An emergency ordinance approving effect and be in force from and after Passed February 14, 2011. the issuance of a permit for the Her- Effective February 14, 2011. mes Cleveland 10 Miler, on April 23, the earliest period allowed by law. 2011, sponsored by Hermes Sports & Passed February 14, 2011. Events Inc. Effective February 18, 2011. Whereas, this ordinance constitutes Ord. No. 208-11. an emergency measure providing for By Council Member Sweeney. the usual daily operation of a munici- COUNCIL COMMITTEE An emergency ordinance authoriz- pal department; now, therefore, ing the Clerk of Council to enter into Be it ordained by the Council of the MEETINGS an agreement with Sean Balewski for City of Cleveland: professional services to assist with Section 1. That pursuant to Section legislative and various Council mat- 411.06 of the Codified Ordinances of Thursday, February 17, 2011 ters for Cleveland City Council. Cleveland, Ohio 1976, this Council con- 9:00 a.m. Whereas, this ordinance constitutes sents to and approves the holding of an emergency measure providing for the Hermes Cleveland 10 Miler, spon- Community and Economic Devel- the usual daily operation of a munici- sored by Hermes Sports & Events, Inc. opment Committee: COMMUNITY pal department; now, therefore, on April 23, 2011, Start: Edgewater DEVELOPMENT BLOCK GRANT Be it ordained by the Council of the Park, exit park west up bike path to BUDGET HEARINGS. Present: Bran- City of Cleveland: West Blvd., south on West Blvd. to catelli, Chair; Dow, Vice Chair; Cim- Section 1. That the Clerk of Council Lake, Lake west to West 117th then perman, J. Johnson, Miller, Pruitt, is authorized to enter into an agree- into the City of Lakewood, returning Westbrook, Zone. Authorized ment with Sean Balewski for profes- from Lakewood east on Lake to Absence: Cummins.

Index

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

Agreements

Balewski, Sean — professional services (O 208-11) ...... 255

Board of Building Standards and Building Appeals

Archwood Street, 3607, (Ward 14) — Christian Flores, owner - appeal postponed to 3/2/2011 on 2/16/11 (Doc. A-261-10)...... 223 Chesterfield Avenue, 12414, (Ward 9) — Derrick Carr, owner - appeal withdrawn on 2/16/11 (Doc. A-245-10) ...... 223 Chesterfield Avenue, 12424, (Ward 9) — R.E.I. Enterprises, owner - appeal adopted on 2/16/11 (Doc. A-242-10)...... 225 Chestnut Hills Drive, 2261, (Ward 16) — Raymond P. Marciano, owner - appeal resolved on 2/16/11 (Doc. A-262-10) ...... 223 East 108th Street, 657, (Ward 9) — Kimyai J. Washington, owner - appeal adopted on 2/16/11 (Doc. A-246-10) ...... 225 East 109th Street, 681, (Ward 9) — Vonette Wesson, owner - appeal resolved on 2/16/11 (Doc. A-277-10) ...... 224 East 115th Street, 1405, (Ward 9) — Christine Harper, owner - extension of time granted on 2/26/11 (Doc. A-283-09)...... 225 East 118th Street, 723, (Ward 9) — Pope Construction, owner - appeal adopted on 2/16/11 (Doc. A-319-10) ...... 225 East 121st Street, 3302, (Ward 4) — Branden Powell, owner - appeal resolved on 2/16/11 (Doc. A-252-10) ...... 223 255 38 The City Record February 23, 2011

East 123rd Street, 3065, (Ward 4) — Ohio Redevelopment Group, LLC, owner - appeal adopted on 2/16/11 (Doc. A-240-10)...... 225 East 126th Street, 3340, (Ward 4) — Carmeka Robinson-Ashford, owner - appeal resolved on 2/16/11 (Doc. A-271-10) ...... 224 East 145th Street, 1139, (Ward 10) — Barbara Rosser, owner - appeal resolved on 2/16/11 (Doc. A-256-10) ...... 223 East 187th Street, 1391, (Ward 11) — Annette Campbell, owner - appeal resolved on 2/16/11 (Doc. A-278-10) ...... 224 East 21st Street, 3039, (Ward 14) — Reginald Jolly, owner - appeal resolved on 2/16/11 (Doc. A-264-10) ...... 223 East 63rd Street, 2437, (Ward 5) — Doris Pollard Organ, owner - appeal adopted on 2/16/11 (Doc. A-241-10) ...... 225 East 83rd Street, 2228, (Ward 6) — Carmeka Robinson-Ashford, owner - appeal resolved on 2/16/11 (Doc. A-268-10) ...... 224 East 87th Street, 2281, (Ward 6) — Brian Robinson, owner - appeal resolved on 2/16/11 (Doc. A-267-10) ...... 224 East 88th Street, 2327, (Ward 6) — Ohio Redevelopment Group, LLC, owner - appeal adopted on 2/16/11 (Doc. A-239-10)...... 225 East 89th Street, 2292, (Ward 6) — Jennifer Franklin, owner - appeal postponed to 3/2/2011 on 2/16/11 (Doc. A-275-10)...... 224 Elton Avenue, 7114, (Ward 15) — John Brewer, owner - appeal resolved on 2/16/11 (Doc. A-472-10) ...... 224 Eve Avenue, 7807, (Ward 15) — Joyce Boyd, owner - appeal adopted on 2/16/11 (Doc. A-331-10) ...... 225 Fairport Avenue, 11403, (Ward 9) — Cleveland RPM Management, LLC, owner — appeal postponed to 3/2/2011 on 2/16/11 (Doc. A-279-10) ...... 224 Gooding Avenue, 10732, (Ward 8) — Christopher C. Jones, owner - appeal withdrawn on 2/16/11 (Doc. A-266-10) ...... 224 Guthrie Avenue, 7103, (Ward 15) — Creditus Lending, L.P., owner - appeal adopted on 2/16/11 (Doc. A-237-10) ...... 225 Guthrie Avenue, 7103, (Ward 15) — Mark Tisdale, owner - appeal adopted on 2/16/11 (Doc. A-13-11) ...... 225 Harvard Avenue, 7720, (Ward 12) — State of Ohio, Trustee for Harvard Refuse, owner — appeal adopted on 2/16/11 (Doc. A-5-11) ...... 225 Lorain Avenue, 9840, (Ward 16) — Wilson A. Leece II, owner - appeal resolved on 2/16/11 (Doc. A-255-10) ...... 223 Ridge Road, 3837, (Ward 13) — Wael Salem, owner - appeal adopted on 2/16/11 (Doc. A-429-10)...... 225 Soika Avenue, 11812, (Ward 4) — Joyce Boyd, owner - appeal adopted on 2/16/11 (Doc. A-325-10) ...... 225 St. Clair Avenue, 17222, (Ward 11) — Taryll T. Luster c/o Academy Construction Co., owner/contractor - appeal resolved on 2/16/11 (Doc. A-15-11)...... 225 Terminal Avenue, 13629, (Ward 18) — Leonard M. Reinartz, owner - appeal withdrawn on 2/16/11 (Doc. A-263-10)...... 223 Virginia Avenue, 3318, (Ward 14) — Quest Property Management & Consulting, LLC, owner - appeal adopted on 2/16/11 (Doc. A-257-10)...... 225 West 105th Street, 2099, (Ward 16) — Benson & Lisa Dunlap, owner - appeal resolved on 2/16/11 (Doc. A-265-10)...... 224 West 111th Street, 3179, (Ward 17) — Christian Flores, owner - appeal withdrawn on 2/16/11 (Doc. A-260-10) ...... 223 West 34th Street, 3873, (Ward 15) — Quest Property Management & Consulting, LLC, owner — appeal adopted on 2/16/11 (Doc. A-258-10)...... 225 West 65th Street, 2070, (Ward 15) — Clover Construction c/o Neil Clough, owner - appeal postponed to 3/2/2011 on 2/16/11 (Doc. A-276-10) ...... 224

Board of Control - Community Development Department

Wayside Rd., 1709 (Ward 10) — PPN 117-06-015 — HUD/Fannie Mae property — Barbara J. Shuler and Manasha Alvarado (BOC Res. 56-11) ...... 222

Board of Control - Land Reutilization Program

Wayside Rd., 1709 (Ward 10) — PPN 117-06-015 — HUD/Fannie Mae property — Barbara J. Shuler and Manasha Alvarado (BOC Res. 56-11) ...... 222

Board of Control — Public Improvement Contracts

Distribution mains — Area 2010-B, cleaning and cement mortar lining of — approve subcontractors — contract per BOC Res. 148-10 — Division of Water, Dept. of Public Utilities (BOC Res. 54-11)...... 221 Radiant heating replacement at Lorain Road Streets Facility — per Ord. 1724-09 to Apex Construction and Management Co., Inc. — Division of Streets, Dept. of Public Works (BOC Res. 55-11) ...... 221

Board of Control — Public Utilities Department

Distribution mains — Area 2010-B, cleaning and cement mortar lining of — approve subcontractors — contract per BOC Res. 148-10 — Division of Water (BOC Res. 54-11) ...... 221 256 February 23, 2011 The City Record 39

Board of Control — Public Works Department

Radiant heating replacement at Lorain Road Streets Facility — per Ord. 1724-09 to Apex Construction and Management Co., Inc. — Division of Streets (BOC Res. 55-11)...... 221

Board of Control — Streets Division

Radiant heating replacement at Lorain Road Facility — per Ord. 1724-09 to Apex Construction and Management Co., Inc. — Dept. of Public Works (BOC Res. 55-11) ...... 221

Board of Control — Water Division

Distribution mains — Area 2010-B, cleaning and cement mortar lining of — approve subcontractors — contract per BOC Res. 148-10 — Dept. of Public Utilities (BOC Res. 54-11) ...... 221

Board of Zoning Appeals — Report

Clifton Boulevard, 10435, (Ward 16) — Ronald Marthaller, owner — appeal granted and adopted on 2/22/11 (Cal. 11-1) ...... 223 College Avenue, 820, (Ward 3) — Tom Leneghan, owner — appeal heard on 2/22/11 (Cal. 10-227) ...... 222 East 108th Street, 3662, (Ward 2) — Betty Russell, owner — appeal postponed to 3/14/11 on 2/22/11 (Cal. 11-10) ...... 222 East 40th Street, 2516, (Ward 5) — Mt. Herman Baptist Church, owner — appeal granted and adopted on 2/22/11 (Cal. 10-269) ...... 223 East 9th Street, 1301, (Ward 3) — Dave Clark, owner representative and Dan Miller, tenant — appeal withdrawn on 2/22/11 (Cal. 10-262) ...... 222 East 9th Street, 1301, (Ward 3) — Erieview Land Company, LLC, owner and Suede Nights, LLC, tenant — appeal withdrawn on 2/22/11 (Cal. 11-9)...... 222 Lakewood Heights Boulevard, 13933, (Ward 19) — Campbell Properties Incorporated, owner — appeal granted and adopted on 2/22/11 (Cal. 10-266) ...... 223 Monroe Avenue, 3301, (Ward 3) — Brandon Partners, owner, and Scrap Processors of Ohio LLC, tenant — appeal granted and adopted on 2/22/11 (Cal. 10-265) ...... 222 Randall Avenue, 1935, (Ward 3) — Jeremy P. Ols — appeal heard on 2/22/11 (Cal. 11-5) ...... 222 Skaggs, Douglas Lee — appeal heard on 2/22/11 (Cal. 11-7) ...... 222

Board of Zoning Appeals — Schedule

Clark Avenue, 1611, (Ward 14) — Daniel Seguin, owner — appeal to be heard on 3/7/11 (Cal. 11-17)...... 222 East 84th Street, 1549, (Ward 7) — Susan Whatley, owner — appeal to be heard on 3/7/11 (Cal. 11-14)...... 222 Fulton Road, 4243, (Ward 13) — Memphis Fulton Association, owner and Lori Groff, lessee — appeal to be heard on 3/7/11 (Cal. 11-15) ...... 222 West 44th Street, 3190, (Ward 14) — John C. Gilliam, owner — appeal to be heard on 3/7/11 (Cal. 11-22)...... 222

Bonds

Bridges and Roadway Improvement Bonds — Fifteen Million One Hundred Fifty-Five Thousand Dollars — Finance Department (O 130-11) ...... 240 Cemeteries Improvement Bonds — Seven Hundred Fifty Thousand Dollars — Finance Department (O 128-11) ...... 227 Parks and Recreation Facilities Improvement Bonds — Two Million Ninety-Five Thousand Dollars — Finance Department (O 129-11) ...... 234 Public Facilities Improvement Bonds — Fourteen Million Two Hundred Thirty Thousand Dollars — Finance Department (O 136-11) ...... 247

Capital Projects

Final consent — State of Ohio — rehabilitation & replacement of concrete retaining walls (O 204-11) ...... 254 Lakeside Avenue N.E. — intention to vacate a portion — City Planning Commission (Ward 03) (R 205-11) ...... 226

City Council

Balewski, Sean — agreement — professional services (O 208-11)...... 255

City of Cleveland Bids

Federal Services Station Building Improvements, WBS No. H260-3 — Department of Port Control — Division of Cleveland Hopkins International Airport — per Ord. 273-09 — bid due March 30, 2011 (advertised 2/16/2011 and 2/23/2011) ...... 225 Greenspace at Zone Recreation Center — Department of Public Works — Division of Architecture and Site Improvement — per Ord. 607-10 — bid due March 16, 2011 (advertised 2/23/2011 and 3/2/2011)...... 226 257 40 The City Record February 23, 2011

Lee Road Area Sewer System rehabilitation — Department of Public Utilities — Division of Water — per Ord. 397-09 — bid due March 11, 2011 (advertised 2/23/2011 and 3/2/2011) ...... 225

City Planning Commission

Amend Sect(s) 1 & 2 of Ord. No. 770-09 — Living Cities — Grants — Reimagining and Re-using Vacant Land in Cleveland Program (O 185-11)...... 253 Lakeside Avenue N.E. — intention to vacate a portion — Capital Projects (Ward 03) (R 205-11) ...... 226

Clerk of Council

Balewski, Sean — agreement — professional services (O 208-11)...... 255

Contracts

Balewski, Sean — agreement — professional services (O 208-11)...... 255 Capital Projects — final consent — State of Ohio — rehabilitation & replacement of concrete retaining walls (O 204-11)...... 254

Finance Department

Bridges and Roadway Improvement Bonds — Fifteen Million One Hundred Fifty-Five Thousand Dollars — Finance Department (O 130-11) ...... 240 Cemeteries Improvement Bonds — Seven Hundred Fifty Thousand Dollars — Finance Department (O 128-11) ...... 227 Parks and Recreation Facilities Improvement Bonds — Two Million Ninety-Five Thousand Dollars — Finance Department (O 129-11) ...... 234 Public Facilities Improvement Bonds — Fourteen Million Two Hundred Thirty Thousand Dollars — Finance Department (O 136-11) ...... 247

Grants

Amend Sect(s) 1 & 2 of Ord. No. 770-09 — Living Cities — Reimagining and Re-using Vacant Land in Cleveland Program (O 185-11)...... 253 Urban Area Security Initiative Program; 2010 — State of Ohio Emergency Management Agency (O 134-11) ...... 246

Liquor Permits

St. Clair Ave., 18414-16 — withdraw objection to renewal — repeal Res. 1068-10 (Ward 11) (R 217-11) ...... 227

Permits

Hermes Cleveland 10 Miler — April 23 — Hermes Sports & Events Inc. (Ward 15 and 16) (O 229-11) ...... 255

Professional Services

Balewski, Sean — agreement (O 208-11) ...... 255

Resolutions of Support

Amend Sect. 2743.60 ( ORC) — Ohio Victims Compensation Fund (R 209-11) ...... 226 Urging Governor Kasich & Ohio General Assembly to pass a budget that protects funding health, education, human services (R 211-11) ...... 227

Resolutions- Miscellaneous

Amend Sect. 2743.60 ( ORC) — Ohio Victims Compensation Fund (R 209-11) ...... 226 Urging Governor Kasich & Ohio General Assembly to pass a budget that protects funding health, education, human services (R 211-11) ...... 227

Safety Department

Agreement — US Navy to display bell of USS Cleveland (O 206-11) ...... 254 Urban Area Security Initiative Program; 2010 — Grant — State of Ohio Emergency Management Agency (O 134-11)...... 246

State of Ohio

Capital Projects — final consent — rehabilitation & replacement of concrete retaining walls (O 204-11)...... 254 258 February 23, 2011 The City Record 41

Urban Area Security Initiative Program; 2010 — Grant — State of Ohio Emergency Management Agency (O 134-11)...... 246

Street Vacation

Lakeside Avenue N.E. — intention to vacate a portion — City Planning Commission — Capital Projects (Ward 03) (R 205-11) ...... 226

Walk- A- Thons

Hermes Cleveland 10 Miler — permit — April 23 — Hermes Sports & Events Inc. (Ward 15 and 16) (O 229-11) ...... 255

Ward 03

Amend Sect. 2743.60 ( ORC) — Ohio Victims Compensation Fund (R 209-11) ...... 226 Lakeside Avenue N.E. — intention to vacate a portion — City Planning Commission — Capital Projects (R 205-11) ...... 226 Urging Governor Kasich & Ohio General Assembly to pass a budget that protects funding health, education, human services (R 211-11) ...... 227

Ward 07

Amend Sect. 2743.60 ( ORC) — Ohio Victims Compensation Fund (R 209-11) ...... 226

Ward 08

Amend Sect. 2743.60 ( ORC) — Ohio Victims Compensation Fund (R 209-11) ...... 226

Ward 11

St. Clair Ave., 18414-16 — withdraw objection to renewal — repeal Res. 1068-10 — liquor permit (R 217-11) ...... 227

Ward 15

Hermes Cleveland 10 Miler — permit — April 23 — Hermes Sports & Events Inc. (Ward 15 and 16) (O 229-11) ...... 255

Ward 16

Hermes Cleveland 10 Miler — permit — April 23 — Hermes Sports & Events Inc. (Ward 15 and 16) (O 229-11) ...... 255

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