T h e C i t y Re c o rd O fficial Publication of the City of Cleve l a n d

December the Twenty-Seventh, Two Thousand

Mayor Containing PAGE Michael R. White City Council 3 The Calendar 3 President of Council Board of Control 3 Michael D. Polensek Civil Service 7 Board of Zoning Appeals 7 Clerk of Council Board of Building Standards Ruby F. Moss and Building Appeals 7 Public Notices 7 Ward Name Public Hearings 8 1 Joseph T. Jones City of Cleveland Bids 8 2 Robert J. White Adopted Resolutions 3 Zachary Reed and Ordinances 8 4 Kenneth L. Johnson Committee Meetings 53 5 Frank G. Jackson Index 54 6 Patricia J. Britt 7 Fannie M. Lewis 8 William W. Patmon 9 Craig E. Willis 10 Roosevelt Coats 11 Michael D. Polensek PRESORTED STANDARD 12 Edward W. Rybka U. S. POSTAGE PAID CLEVELAND, OHIO 13 Joe Cimperman 14 Nelson Cintron, Jr. Permit No. 1372 15 Merle R. Gordon 16 Michael C. O’Malley 17 Timothy J. Melena 18 Jay Westbrook 19 Dona Brady 20 Martin J. Sweeney 21 Michael A. Dolan

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Printed on Recycled Paper.. . . . Council Cares DIRECTORY OF CITY OFFICIALS

CITY COUNCIL–LEGISLATIVE Parking Facilities – Dennis Donahue, Commissioner, Public Auditorium, President of Council–Michael D. Polensek E. 6th and Lakeside Ave. Wa r d Na m e Re s i d e n c e Park Maintenance and Properties – Richard L. Silva, Commissioner, Public 1 Joseph T. Jones ...... 4691 East 177th Street 44 1 2 8 Auditorium – E. 6th & Lakeside. 2 Robert J. White ...... 3760 East 126th Street 44 1 0 5 Recreation – Michael Cox, Commissioner, Room 8 3 Zachary Reed...... 3232 East 119th Street 44 1 2 0 Research, Planning & Development – Mark Fallon, Commissioner, 1501 4 Kenneth L. Johnson ...... 2948 Hampton Road 44 1 2 0 N. Marginal Road, Burke Lakefront Airport 5 Frank G. Jackson ...... 2327 East 38th Street 44 1 1 5 6 Patricia J. Britt ...... 12402 Britton Drive 44 1 2 0 DEPT. OF COMMUNITY DEVELOPMENT – Linda M. Hudecek, Director, 7 Fannie M. Lewis...... 7416 Star Avenue 44 1 0 3 3rd Floor, City Hall. 8 William W. Patmon ...... 867 East Boulevard 44 1 0 8 DIVISIONS – Administrative Services – Terrence Ross, Commissioner. 9 Craig E. Willis ...... 11906 Beulah Avenue 44 1 0 6 Neighborhood Services – Louise V. Jackson, Commissioner. 10 Roosevelt Coats...... 1775 Cliffview Road 44 1 1 2 Neighborhood Development – Donald T. Moss, Commissioner. 11 Michael D. Polensek ...... 17855 Brian Avenue 44 1 1 9 Building & Housing – Robert Vilkas, Commissioner, 5th Floor, City Hall. 12 Edward W. Rybka ...... 6832 Indiana Avenue 44 1 0 5 DEPT. OF PERSONNEL AND HUMAN RESOURCES – Jeffrey K. Patterson, Di r e c t o r , 13 Joe Cimperman...... 3053 West 12th Street 44 1 1 3 14 Nelson Cintron, Jr...... 3004 Vega Avenue 44 1 1 3 Room 121 15 Merle R. Gordon...... 1700 Denison Avenue 44 1 0 9 DEPT. OF ECONOMIC DEVELOPMENT – Christopher P. Warren, Director, 16 Michael C. O’Malley...... 6710 Brookside Drive 44 1 4 4 Room 210 17 Timothy J. Melena ...... 6110 West Clinton Avenue 44 1 0 2 DEPT. OF AGING – Dolores Alexander, Director, Room 122 18 Jay Westbrook ...... 10513 Clifton Boulevard 44 1 0 2 19 Dona Brady...... 3466 Bosworth Road 44 1 1 1 COMMUNITY RELATIONS BOARD – Room 11, Dennis D. Dove, Director; Mayor 20 Martin J. Sweeney ...... 3632 West 133rd Street 44 1 1 1 Michael R. White, Chairman Ex–Officio; Mary Adele Springman, 21 Michael A. Dolan ...... 16519 West Park Road 44 1 1 1 Vice–Chairman; Councilman Dona Brady, Councilman Joe Cimperman, Clerk of Council – Ruby F. Moss, 216 City Hall, 664–2840. City Council Representatives; Rev. Bruce Goode, Paula Castleberry, First Assistant Clerk – Sandra Franklin. Charles E. McBee, Mary Adele Springman, Esq., Terez E. Woods, Emmett MAYOR – Michael R. White Saunders, John Banno, Mary Jane Buckshot, Kathryn M. Hall, Raymond Judith Zimomra, Chief of Staff Negron, Evangeline Hardaway, Edna Fuentes-Casiano, Janet Jankura, Ba r r y Withers, Executive Assistant for Administration Gia Hoa Ryan. Susan E. Axelrod, Senior Executive Assistant for Health and Human Services CIVIL SERVICE COMMISSION – Room 119, Anne Bloomberg, President; Kenneth Silliman, Executive Assistant for Development ______, Vice President; Gregory J. Wilson, Secretary; Nicholas P. Jackson, Executive Assistant for Services Timothy J. Cosgrove, Member, Rev. Earl Preston, Member. Nina Turner, Executive Assistant for Legislative Affairs Lucille Ambroz, Director, Office of Equal Opportunity SINKING FUND COMMISSION – Michael R. White, President; Betsy Hruby, As s t . DEPT. OF LAW – Cornell P. Carter, Director, Pinky Carr, Chief Counsel, Sec’y.; ______, Director; Council President Michael D. Polensek. Room 106 BOARD OF ZONING APPEALS – Room 516, Carol Johnson, Chairman; Members; Lauren Moore, Chief City Prosecutor; Criminal Branch – Justice Center Chris Carmody, Margreat Hopkins, Ozell Dobbins, Tony Petkovsek, 8th Floor, Court Towers, 1200 Ontario Street Eugene Cranford, Jr., Secretary. Karen E. Martines, Law Librarian, Room 100 BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. DEPT. OF FINANCE – Ronald E. Brooks, Director, Room 104; Denk, Chairman; J. Bowes, James Williams, Alternate Members – D. Cox, Frank Badalamenti, Manager, Internal Audit P. Frank, E. P. O’Brien, Richard Pace, Arthur Saunders, J.S. Su l l i v a n . DIVISIONS – Accounts – Marilyn Henderson, Commissioner, Room 19 City Treasury – Algeron Walker, Treasurer, Room 115 BOARD OF REVISION OF ASSESSMENTS – Law Director Cornell P. Carter, Assessments and Licenses – Robert C. Brown, Commissioner, President; Finance Director Ronald E. Brooks, Secretary; Council President Room 122 Michael D. Polensek. Purchases and Supplies – Myrna Branche, Commissioner, Room 128 BOARD OF SIDEWALK APPEALS – Service Director Mark Ricchiuto; Law Printing and Reproduction – Diante Fritzgerald, Acting Commissioner, Director Cornell P. Carter; Councilman Nelson Cintron, Jr. 1735 Lakeside Avenue Taxation – Nassim Lynch, Tax Administrator, 1701 Lakeside Avenue BOARD OF REVIEW – (Municipal Income Tax) – Law Director Cornell P. Financial Reporting and Control – Robert Dolan, Controller, Room 18 Carter; Utilities Director Michael Konicek; Council President Michael D. Information Systems Services – Daniel Jarvis, Commissioner, Po l e n s e k . 1404 E. 9th St. CITY PLANNING COMMISSION – Room 501 – Hunter Morrison, Director; DEPT. OF PUBLIC UTILITIES – Michael Konicek, Director, 1201 Lakeside Anthony J. Coyne, Acting Chairman; David Bowen, Lillian W. Burke, Av e n u e Lawrence A. Lumpkin, Gloria Jean Pinkney, Rev. Edward D. Small, DIVISIONS – 1201 Lakeside Avenue Councilman Joseph Cimperman. Water – Julius Ciaccia, Jr., Commissioner CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Water Pollution Control – Darnell Brown, Commissioner Chairman; Clint Martin, Mark Rivera. Utilities Fiscal Control – Morry Blech, Commissioner Cleveland Public Power – James F. Majer, Commissioner MORAL CLAIMS COMMISSION – Law Director Cornell P. Carter; Chairman; Street Lighting Bureau – Frank Schilling, Acting Chief. Finance Director Ronald E. Brooks; Council President Michael D. Polensek; Councilman Bill Patmon; Councilman Martin J. Sweeney. DEPT. OF PORT CONTROL – Reuben Sheperd, Director, Cleveland Hopkins International Airport, 5300 Riverside Drive; BOARD OF EXAMINERS OF ELECTRICIANS – Samuel Montfort, Chairman; Cleveland Hopkins International Airport – Mark D. Vanloh, Commissioner Donald Baulknilght, Anton J. Eichmuller, J. Gilbert Steele, Raymond Burke Lakefront Airport – ______, Commissioner Ossovicki, Chief Electrical Inspector; Laszlo V. Kemes, Secretary to the DEPT. OF PUBLIC SERVICE – Mark Ricchiuto, Director, Room 113 Bo a r d . DIVISIONS – Waste Collection and Disposal – Randell T. Scott, Acting BOARD OF EXAMINERS OF PLUMBERS – Joseph Gyorky, Chairman; Earl Commissioner, 5600 Carnegie Avenue. S. Bumgarner, Alfred Fowler, Jozef Valencik, Lawrence Skule, Chief Streets – Randell T. Scott, Commissioner, Room 25 Plumbing Inspector; Laszlo V. Kemes, Secretary to the Board. Engineering and Construction – Randall E. DeVaul, Commissioner, Room 518 CLEVELAND LANDMARKS COMMISSION – Room 519 – Richard Schanfarber, Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Chairman; Paul Volpe, Vice Chairman; Paul Burik, James Gibans, Sandra Ha r v a r d Ya r d s Morgan, Hunter Morrison, Theodore Sande, Galen Schuerlein, Randall Architecture – Paul Burik, Acting Commissioner, Room 517 Shorr, Councilman Joseph Cimperman, Councilman Timothy J. Melena, Robert Keiser, Executive Secretary. DEPT. OF PUBLIC HEALTH – Michele C. Whitlow, Director, Mural Building 1925 St. Clair Avenue CLEVELAND MUNICIPAL COURT JUSTICE CENTER–1200 ONTARIO DIVISIONS – Health – Cheri Hahn, Commissioner, Mural Building, CENTRAL SCHEDULING DEPARTMENT 1925 St. Clair Avenue JUDGE COURTROOM ASSIGNMENTS Environment – Donald Culp, Commissioner, Mural Building, Ju d g e Co u r t r o o m 1 9 2 5 St. Clair Avenue Presiding and Administrative Judge Larry A. Jones 13 C Correction – Thomas Hardin, Commissioner, Cleveland House of Judge Ronald B. Adrine 15 A Corrections, 4041 Northfield Road Judge Colleen C. Cooney 14 A DEPT. OF PUBLIC SAFETY – Henry Guzmán, Director, Room 230. Judge C. Ellen Connally 15 C DIVISIONS \ Police \ Martin L. Flask, Chief, Police Hdqtrs. Bldg., Judge Sean C. Gallagher 12 B 1300 Ontario Street Judge Mabel M. Jasper 14 D Fire – Kevin G. Gerrity, Chief, 1645 Superior Avenue Judge Mary E. Kilbane 14 C Traffic Engineering & Parking – Lt. Richard Petrencsik, C o m m i s s i o n e r , Judge Kathleen Ann Keough 13 D 4150 East 49th Street, Building #1 Judge Ralph J. Perk, Jr. 14 B Dog Pound – John Baird, Chief Dog Warden, 2690 W. 7th Street Emergency Medical Service – Edward Eckart, C o m m i s s i o n e r , Judge Raymond L. Pianka (Housing Court Judge) 13 B 1708 South Pointe Drive Judge Angela R. Stokes 13 A Judge Robert J. Triozzi 12 C DEPT. OF PARKS, RECREATION & PROPERTIES – Alfred T. Miller, Jr., Judge Joseph J. Zone 12 A Director, Cleveland Convention Center, Clubroom A, 1220 E. 6th St. DIVISIONS – Convention Center & Stadium – James Glending, Earle B. Turner – Clerk of Courts, Linda M. DeLillo–Court Administrator, Commissioner, Public Auditorium, E. 6th and Lakeside Ave. Robert C. Townsend, II–Bailiff; Kenneth Thomas–Chief Probation Officer, Property Management – Tom Nagle, Commissioner, East 49th & Harvard Michelle L. Paris–Chief Magistrate The City Re c o rd

OFFICIAL PUBLICATION OF THE CITY OF CLEVELAND

Vol. 87 W E D N E S DAY, DECEMBER 27, 2000 No. 4542 CITY COUNCIL MONDAY, DECEMBER 25, 2000

The City Record WEDNESDAY—Alternating bids received on December 13, 2000 Published weekly under authority for First Aid Supplies, for the Divi- 10:00 A.M.—Aviation & Trans- sion of Various City Governments, of the Charter of the portation Committee: Dolan, Chair- Department of Finance, pursuant to City of Cleveland man; O’Malley, Vice Chairman; the authority of Ordinance No. 315- Subscription (by mail) $75.00 a year Jones, Patmon, ______, Rybka, 2000, passed by the Council of the January 1 to December 31 S w e e n e y . City of Cleveland on April 17, 2000, Interim subscriptions prorated 10:00 A.M.—Public Safety Commit- be and the same are hereby reject- $6.25 per month te e : Polensek, Chairman; Patmon, e d . Vice Chairman; Britt, Cimperman, Yeas: Acting Director Carr, Direc- Address all communications to Coats, Gordon, Jackson, Melena, tors Brooks, Konicek, Sheperd, Ric- RUBY F. MOSS Sw e e n e y . chiuto, Whitlow, Guzman, Miller, Hudecek, Patterson and Alexander. Clerk of Council WEDNESDAY—Alternating Nays: None. 216 City Hall Absent: Mayor White, Director 1:30 P.M.—Public Utilities Com- W a r r e n . m i t t e e : O’Malley, Chairman; Pat- PERMANENT SCHEDULE mon, Vice Chairman; Britt, Coats, Resolution No. 836-00. STANDING COMMITTEES Dolan, Melena, Polensek, Westbrook, By Director Konicek. OF THE COUNCIL Wi l l i s . Whereas, pursuant to Section 1:30 P.M.—City Planning Commit- 129.24 of the Codified Ordinances of 1998-2001 tee: Cimperman, Chairman; Rybka, Cleveland, Ohio, 1976, and Board of Vice Chairman; Dolan, Jackson, Control Resolution No. 470-99, adopt- MONDAY O’Malley, ______, White. ed July 21, 1999, the City of Cleve- land (“City”) entered into a contract 9:30 A.M.—Public Parks, Property The following Committee is sub- with Calgon Corporation (“Contrac- & Recreation Committee: Rybka, ject to the Call of the Chairman: tor”) for the purchase of corrosion Mayor’s Appointment Committee: Chairman; Dolan, Vice Chairman; control chemicals (items 1 and 2) O’Malley, Chairman; Britt, Cimper- Brady, Britt, Johnson, Sweeney, for the Division of Water, Depart- man, Patmon, Sweeney. White. ment of Public Utilities, Contract No. 55170; and MONDAY—Alternating Whereas, by its letter dated OFFICIAL PROCEEDINGS December 5, 2000, Calgon Corpora- CITY COUNCIL tion has notified the City that it has 11:00 A.M.—Public Service Commit- ______ceased doing business as Calgon tee: Cintron, Chairman; Sweeney, Corporation and has begun doing Vice Chairman; Britt, Coats, John- NO MEETING business as Nalco Chemical Compa- son, Melena, O’Malley, Westbrook, ny; now, therefore, Willis. THE CALENDAR Be it resolved by the Board of 11:00 A.M.—Employment, Affirma- Control of the City of Cleveland tive Action & Training Committee: Cleveland that pursuant to Calgon White, Chairman; Lewis, Vice Chair- The following measures will be on Corporation’s letter, this Board man; Cintron, Coats, Gordon, John- their final passage at the next meet- hereby acknowledges the change of son, Jones. ing: name effective July 1, 2000, and NONE consents to and the assignment of MONDAY Contract No. 55170 from Calgon Cor- poration to Nalco Chemical Compa- 2:00 P.M.—Finance Committee: Pat- BOARD OF CONTROL n y . mon, Chairman; Rybka, Vice Chair- Be it further resolved that the man; Cintron, Dolan, Johnson, December 20, 2000 Director of Public Utilities is here- Lewis, Melena, O’Malley, Polensek, by authorized to execute any docu- ______, Sweeney. The regular meeting of the Board ments necessary to effect and rec- of Control convened in the Mayor’s ognize the name change under and TUESDAY office on Wednesday, December 20, assignment of said Contract No. 2000, at 11:00 a.m. with Acting Direc- 55170 respectively acknowledged 9:30 A.M.—Community and Eco- tor Carr presiding. and authorized herein. nomic Development Committee: Present: Acting Director Carr, Yeas: Acting Director Carr, Direc- Melena, Chairman; Lewis, Vice Directors Brooks, Konicek, Sheperd, tors Brooks, Konicek, Sheperd, Ric- chiuto, Whitlow, Guzman, Miller, Chairman; Brady, Cimperman, Cin- Ricchiuto, Whitlow, Guzman, Miller, Hudecek, Patterson and Alexander. tron, Jackson, Jones, ______, Hudecek, Patterson, Warren and Alexander. Nays: None. Willis. Absent: Mayor White. Absent: Mayor White, Director Others: Myrna Branche, Commis- W a r r e n . TUESDAY—Alternating sioner, Purchases and Supplies. Lucille Ambroz, Director, Office of Resolution No. 837-00. 1:00 P.M.—Public Health Commit- Equal Opportunity. By Director Konicek. tee: Gordon, Chairman; ______, On motion, the following resolu- Be it resolved by the Board of Vice Chairman; Brady, Cimperman, tions were adopted. Control of the City of Cleveland Jackson, Westbrook, Willis. that the bid of Woodhill Supply for 1:30 P.M.—Legislation Committee: Resolution No. 835-00. an estimated quantity of bypass fit- Lewis, Chairman; Jones, Vice Chair- By Director Brooks. tings, piping, and valves (item nos. man; Brady, Coats, Gordon, Johnson, Resolved by the Board of Control 7, 8, 9, 10, 11, 12, 14, 15, 26, 27, 29, Westbrook. of the City of Cleveland, that all 30, 33, 42, 45, 46, 47, 49, 50, 58, 59, 60, 3177 4 The City Record December 27, 2000

61, 62, 63, and 68) for the Division under subsequent requisitions sepa- port from 9:30 a.m. to 8:30 p.m. on of Water, Department of Public rately certified against said con- April 25, 2001, and to use and occu- Utilities, for a period of two (2) tract. py the rooms for such period of time years beginning with the date of Yeas: Acting Director Carr, Direc- before the Event as necessary for execution of a contract, received on tors Brooks, Konicek, Sheperd, Ric- preparation. The International the 18th day of October 2000, pur- chiuto, Whitlow, Guzman, Miller, Women’s Air and Space Museum, suant to the authority of Section Hudecek, Patterson and Alexander. Inc. shall pay the City a $1,150.00 129.25 of the Codified Ordinances of Nays: None. fee, shall reimburse the City for the Cleveland Ohio, 1976, which on the Absent: Mayor White, Director cost of two (2) City employees to basis of the estimated quantity Warren. perform custodial and building would amount to Twenty-Two maintenance work related to the Thousand Nine Hundred Sixty-One Resolution No. 839-00. conduct of the Event, shall arrange Dollars and 75/100 ($22,961.75) By Director Konicek. for the conduct of the Event and (3%/10 Days), is hereby affirmed Be it resolved by the Board of such other activities as may be and approved as the lowest and Control of the City of Cleveland that approved, appropriate and incidental best bid, and the Director of Public the bid of Underground Pipe & to the Event, and shall be responsi- Utilities is hereby requested to Valve for an estimated quantity of ble for providing traffic control, enter into requirement contract for adjustable valve boxes (item no. 4) security and clean up. such commodities, which shall pro- for the Division of Water, Depart- Be it further resolved that the vide for the immediate purchase as ment of Public Utilities, for a period Agreement authorized hereby shall the initial amount of such contract of two (2) years beginning with the be prepared by the Director of Law of the following: date of execution of a contract, and shall contain such other provi- received on the 25th day of October, sions as the Director deems neces- Requisition No. 33534 2000, pursuant to the authority of sary to benefit and protect the pub- which shall be certified against Section 129.25 of the Codified Ordi- lic interest. such contract in the sum of One nances of Cleveland Ohio, 1976, Yeas: Acting Director Carr, Direc- Thousand One Hundred Forty-Eight which on the basis of the estimated tors Brooks, Konicek, Sheperd, Ric- and 09/100 Dollars ($1,148.09). quantity would amount to Fifty- chiuto, Whitlow, Guzman, Miller, Said requirement contract shall Four Thousand Six Hundred Dollars Hudecek, Patterson, Warren and further provide that the Contractor ($54,600.00) (Net), is hereby Alexander. will furnish the remainder of the affirmed and approved as the low- Nays: None. requirement for such commodities, est and best bid, and the Director of Absent: Mayor White. whether more or less than said Public Utilities is hereby requested estimated quantity, as may be to enter into requirement contract Resolution No. 841-00. ordered under subsequent requisi- for such commodities, which shall By Director Sheperd. tions separately certified against provide for the immediate purchase Whereas, Premier Expositions, said contract. as the initial amount of such con- Inc. wishes to utilize the banquet Yeas: Acting Director Carr, Direc- tract of the following: room at Burke Lakefront Airport tors Brooks, Konicek, Sheperd, Ric- (the “Airport”) for a fundraising chiuto, Whitlow, Guzman, Miller, Requisition No. 33515 reception (the “Event”) on December Hudecek, Patterson and Alexander. which shall be certified against 31, 2000; and Nays: None. such contract in the sum of Two Whereas, the City is willing to Absent: Mayor White, Director Thousand Seven Hundred Thirty grant Premier Expositions, Inc. the Warren. and 00/100 Dollars ($2,730.00). privilege, permit and license to con- Said requirement contract shall duct the Event at the Airport; now, Resolution No. 838-00. further provide that the Contractor therefore, By Director Konicek. will furnish the remainder of the Be it resolved by the Board of Be it resolved by the Board of requirement for such commodities, Control of the City of Cleveland that Control of the City of Cleveland that whether more or less than said esti- pursuant to Section 183.04 of the the bid of J. F. Good Company for mated quantity, as may be ordered Codified Ordinances of Cleveland, an estimated quantity of bypass fit- under subsequent requisitions sepa- tings, piping, and valves (item nos. Ohio 1976, the Director of the 1, 2, 3, 4, 5, 6, 13, 16, 17, 18, 19, 20, rately certified against said con- Department of Port Control is here- 21, 22, 23, 24, 25, 28, 31, 32, 34, 35, 36, tract. by authorized to enter into an agree- 37, 38, 39, 40, 41, 43, 44, 48, 51, 52, 53, Yeas: Acting Director Carr, Direc- ment (the “Agreement”) granting 54, 55, 56, 57, 64, 65, 66, and 67) for tors Brooks, Konicek, Sheperd, Ric- Premier Expositions, Inc. the privi- the Division of Water, Department chiuto, Whitlow, Guzman, Miller, lege, permit and license to conduct of Public Utilities, for a period of Hudecek, Patterson and Alexander. the Event at the Burke Lakefront two (2) years beginning with the Nays: None. Airport from 6:00 p.m. to 2:00 a.m. on date of execution of a contract, Absent: Mayor White, Director December 31, 2000, and to use and received on the 18th day of October Warren. occupy the room for such period of 2000, pursuant to the authority of time before the Event as necessary Section 129.25 of the Codified Ordi- Resolution No. 840-00. for preparation. Premier Exposi- nances of Cleveland Ohio, 1976, By Director Sheperd. tions, Inc. shall pay the City a which on the basis of the estimated Whereas, the International Wo- $650.00 fee, shall reimburse the City quantity would amount to Eight men’s Air and Space Museum, Inc. for the cost of two (2) City employ- Thousand Four Hundred Sixty Eight wishes to utilize the west concourse, ees to perform custodial and build- and 47/100 Dollars ($8,468.47) lobby and banquet room at Burke ing maintenance work related to the (2%/10 Days), is hereby affirmed Lakefront Airport (the “Airport”) conduct of the Event, shall arrange and approved as the lowest and best for an Air and Space Career Fair for the conduct of the Event and bid, and the Director of Public Util- (the “Event”) on April 25, 2001; and such other activities as may be ities is hereby requested to enter Whereas, the City is willing to approved, appropriate and incidental into requirement contract for such grant the International Women’s Air to the Event, and shall be responsi- commodities, which shall provide for and Space Museum, Inc. the privi- ble for providing traffic control, the immediate purchase as the ini- lege, permit and license to conduct security and clean up. tial amount of such contract of the the Event at the Airport; now, there- Be it further resolved that the following: fore, Agreement authorized hereby shall Be it resolved by the Board of be prepared by the Director of Law Requisition No. 33535 Control of the City of Cleveland that and shall contain such other provi- which shall be certified against pursuant to Section 183.04 of the sions as the Director deems neces- such contract in the sum of Four Codified Ordinances of Cleveland, sary to benefit and protect the pub- Hundred Twenty-Three and 42/100 Ohio 1976, the Director of the lic interest. Dollars ($423.42). Department of Port Control is here- Yeas: Acting Director Carr, Direc- Said requirement contract shall by authorized to enter into an agree- tors Brooks, Konicek, Sheperd, Ric- further provide that the Contractor ment (the “Agreement”) granting chiuto, Whitlow, Guzman, Miller, will furnish the remainder of the the International Women’s Air and Hudecek, Patterson, Warren and requirement for such commodities, Space Museum, Inc. the privilege, Alexander. whether more or less than said esti- permit and license to conduct the Nays: None. mated quantity, as may be ordered Event at the Burke Lakefront Air- Absent: Mayor White. 3178 December 27, 2000 The City Record 5

Resolution No. 842-00. total ticket sales, whichever is Hundred Ninety Seven and 40/100 By Director Sheperd. greater, but in no case more than ($22,897.40), (Net - 30 Days) is here- Whereas, Life Publishing wishes $12,000.00, for use of the parking by affirmed and approved as the to utilize the banquet room at Burke f a c i l i t y . lowest and best bid; and the Direc- Lakefront Airport (the “Airport”) Be it further resolved that the tor of Public Service is hereby for an awards ceremony (the Agreement authorized hereby shall requested to enter into a contract “Event”) on February 22, 2001; and be prepared by the Director of Law for such items. Whereas, the City is willing to and shall contain such other provi- Yeas: Acting Director Carr, Direc- grant Life Publishing the privilege, sions as the Director deems neces- tors Brooks, Konicek, Sheperd, Ric- permit and license to conduct the sary to benefit and protect the pub- chiuto, Whitlow, Guzman, Miller, Event at the Airport; now, therefore, lic interest. Hudecek, Patterson, Warren and Be it resolved by the Board of Yeas: Acting Director Carr, Direc- Alexander. Control of the City of Cleveland tors Brooks, Konicek, Sheperd, Ric- Nays: None. that pursuant to Section 183.04 of chiuto, Whitlow, Guzman, Miller, Absent: Mayor White. the Codified Ordinances of Cleve- Hudecek, Patterson, Warren and land, Ohio 1976, the Director of the Alexander. Resolution No. 846-00. Department of Port Control is here- Nays: None. By Director Guzman. by authorized to enter into an Absent: Mayor White. Resolved by the Board of Control agreement (the “Agreement”) grant- of the City of Cleveland that the bid ing Life Publishing the privilege, Resolution No. 844-00. of Atwell’s Police and Fire Equip- permit and license to conduct the By Director Ricchiuto. ment Co., for an estimated quantity Event at the Burke Lakefront Air- Be it resolved, by the Board of of Ballistic Vests, for the Division port from 6:00 p.m. to 9:00 p.m. on Control of the City of Cleveland that of Police, Department of Public February 22, 2001, and to use and the bid of R & R Mack Sales, Inc. Safety, for the period of one (1) occupy the room for such period of for an estimated quantity of E. Z. year beginning with the date of exe- time before the Event as necessary Pack packer parts and labor if nec- cution of a contract, received on for preparation. Life Publishing essary (all items), for the Division November 2, 2000, pursuant to the shall pay the City a $350.00 fee, of Motor Vehicle Maintenance, authority of Section 135.06 of the shall reimburse the City for the cost Department of Public Service, for Codified Ordinance of Cleveland, of two (2) City employees to per- the period of one (1) year beginning Ohio, 1976, which on the basis of the form custodial and building main- with the date of execution of a con- estimated quantity would amount to tenance work related to the conduct tract, received on September 29, Two Hundred Seven Thousand, Six of the Event, shall arrange for the 2000, pursuant to the authority of Hundred and 00/100 Dollars conduct of the Event and such other Ordinance No. 269-2000, passed by ($207,600) (Net 30 Days), is hereby activities as may be approved, the Council of the City of Cleveland affirmed and approved as the low- appropriate and incidental to the on May 8, 2000, which on the basis est and best bid, and the Director of Event, and shall be responsible for of the estimated quantity would Public Safety is hereby requested to providing traffic control, security amount to Forty Thousand and enter into a requirement contract for and clean up. no/100 Dollars ($40,000.00) (0% Net such goods and/or services, which Be it further resolved that the 30 Days), is hereby affirmed and shall provide for the immediate pur- Agreement authorized hereby shall approved as the lowest and best bid, chase as the initial amount of such be prepared by the Director of Law and the Director of Public Service is contract of the following: and shall contain such other provi- hereby requested to enter into a sions as the Director deems neces- requirement contract for such goods Requisition No. 32256 sary to benefit and protect the pub- and/or services, which shall provide as specified, lic interest. for the immediate purchase as the which shall be certified against Yeas: Acting Director Carr, Direc- initial amount of such contract of such contract in the sum of Fifty tors Brooks, Konicek, Sheperd, Ric- the following: One Thousand and 00/100 Dollars chiuto, Whitlow, Guzman, Miller, ($51,000.00). Hudecek, Patterson, Warren and Requisition No. 29346 Said requirement contract shall Alexander. which shall be certified against further provide that the Contractor Nays: None. such contract in the sum of Three shall furnish the remainder of the Absent: Mayor White. Thousand and no/100 Dollars City’s requirements for such goods ($3,000.00). and/or services, whether more or Resolution No. 843-00. Said requirement contract shall less than said estimated quantity, as By Director Sheperd. further provide that the Contractor may be ordered under subsequent Whereas, Our Lady of the Way- shall furnish the remainder of the requisitions separately certified side, Inc. wishes to utilize the park- City’s requirements for such goods against said contract. ing facility at Burke Lakefront Air- and/or services, whether more or Yeas: Acting Director Carr, Direc- port (the “Airport”) for the Great less than said estimated quantity, as tors Brooks, Konicek, Sheperd, Ric- American Rib Cook-Off (the may be ordered under subsequent chiuto, Whitlow, Guzman, Miller, “Event”) between May 21 and May requisitions separately certified Hudecek, Patterson, Warren and 29, 2001; and against said contract. Alexander. Whereas, the City is willing to Yeas: Acting Director Carr, Direc- Nays: None. grant Our Lady of the Wayside, Inc. tors Brooks, Konicek, Sheperd, Ric- Absent: Mayor White. the privilege, permit and license to chiuto, Whitlow, Guzman, Miller, conduct the Event at the Airport; Hudecek, Patterson, Warren and Resolution No. 847-00. now, therefore, Alexander. By Director Guzman. Be it resolved by the Board of Nays: None. Resolved by the Board of Control Control of the City of Cleveland Absent: Mayor White. of the City of Cleveland, that all that pursuant to Section 183.04 of bids received on October 13, 2000, for the Codified Ordinances of Cleve- Resolution No. 845-00. an estimated quantity of fire land, Ohio 1976, the Director of the By Director Ricchiuto. pumpers for the Division of Fire, Department of Port Control is Be it resolved by the Board of Department of Public Safety, pur- hereby authorized to enter into a Control of the City of Cleveland that suant to the authority of Ordinance concession agreement (the “Agree- the bid of D.L.T. Solutions, Inc., for No. 904-2000, passed by the Council ment”) granting Our Lady of the the purchase of Auto Cad Software, of the City of Cleveland on August Wayside, Inc. the privilege, permit installation, support, and training 7, 2000, be and the same are hereby and license to conduct the Event for the Division of Engineering and rejected. at the Burke Lakefront Airport be- Construction, Department of Public Yeas: Acting Director Carr, Direc- tween May 21 and May 29, 2001. Service, received on December 6, tors Brooks, Konicek, Sheperd, Ric- Our Lady of the Wayside, Inc. 2000, pursuant to the authority of chiuto, Whitlow, Guzman, Miller, shall pay the City a guaranteed Ordinance No. 1833-96, passed Decem- Hudecek, Patterson, Warren and minimum concession fee in the ber 2, 1996, which on the basis of Alexander. amount of $3,000.00 or twelve and the order quantities would amount Nays: None. four-tenths percent (12.4%) of to Twenty Two Thousand Eight Absent: Mayor White. 3179 6 The City Record December 27, 2000

Resolution No. 848-00. said Land Reutilization Program; Be it further resolved that the con- By Director Guzman. and sideration for said parcels shall be Resolved by the Board of Control Whereas, Ordinance No. 849-2000 $100.00 each, which amount is here- of the City of Cleveland, that all passed November 27, 2000, autho- by determined to be not less than bids received on November 3, 2000, rized the sale of said parcel for a the fair market value of said parcels for an estimated quantity of consideration established by the for uses in accordance with the cab/chassis with heavy duty rescue Board of Control at not less than the Land Reutilization Program. squad for the Division of Fire, Fair Market Value; and Yeas: Acting Director Carr, Direc- Department of Public Safety, pur- Whereas, Diocese of Cleveland tors Brooks, Konicek, Sheperd, Ric- suant to the authority of Ordinance Bishop Anthony Pilla (St. Adalbert chiuto, Whitlow, Guzman, Miller, No. 904-2000, passed by the Council Church) has proposed to the City to Hudecek, Patterson, Warren and of the City of Cleveland on August purchase and develop said parcel; Alexander. 7, 2000, be and the same are hereby now, therefore, Nays: None. rejected. Be it resolved by the Board of Absent: Mayor White. Yeas: Acting Director Carr, Direc- Control of the City of Cleveland that tors Brooks, Konicek, Sheperd, Ric- pursuant to the authorization of Resolution No. 852-00. chiuto, Whitlow, Guzman, Miller, Ordinance No. 849-2000 passed By Director Warren. Hudecek, Patterson, Warren and November 27, 2000, by the Cleveland Be it resolved by the Board of Alexander. City Council, the Mayor is hereby Control of the City of Cleveland Nays: None. authorized to execute an official that Resolution No. 478-00, adopted Absent: Mayor White. deed for and on behalf of the City by this Board of Control on July of Cleveland with Diocese of Cleve- 12, 2000, pursuant to authority of Resolution No. 849-00. land Bishop Anthony Pilla (St. Adal- Ordinance No. 944-2000, passed on By Director Hudecek. bert Church) for the sale and devel- June 19, 2000, as amended by Ordi- Whereas, pursuant to Ordinance opment of Permanent Parcel No. 119- nance No. 1687-2000, passed Decem- No. 2076-76 passed October 25, 1976, 30-021, as described in said Ordi- ber 4, 2000, directing the Commis- the City is conducting a Land Reuti- nance in accordance with the Land sioner of Purchases and Supplies lization Program in accordance with Reutilization Program in such man- to sell certain City-owned property the provision of Chapter 5722 of the ner as best carries out the intent of no longer needed for public use, Ohio Revised Code; and said program. described therein and also known Whereas, City has acquired Per- Be it further resolved that the con- as being a portion of Block “A-5” manent Parcel No. 128-03-014 under sideration for said parcel shall be (PPN 142-23-005) of the Lee- said Land Reutilization Program; $100.00, which amount is hereby Seville/Cleveland Industrial Park, and determined to be not less than the to Scovil-Hanna Realty, LLC, d.b.a. Whereas, Ordinance No. 850-2000 fair market value of said parcel for Arrowhead Industries Corp., and is passed November 27, 2000, autho- uses in accordance with the Land hereby amended by deleting rized the sale of said parcel for a Reutilization Program. “Erieview Metal Treating Compa- consideration established by the Yeas: Acting Director Carr, Direc- ny” and replacing it with “Trio Board of Control at not less than the tors Brooks, Konicek, Sheperd, Ric- Diversified Company” wherever it Fair Market Value; and chiuto, Whitlow, Guzman, Miller, a p p e a r s . Whereas, The Pentecostal Faith Hudecek, Patterson, Warren and Be it resolved that all other pro- Holiness Church of God has pro- Alexander. visions of said Resolution No. 478-00 posed to the City to purchase and Nays: None. not expressly amended shall remain develop said parcel; now, there- Absent: Mayor White. unchanged and in full force and f o r e , effect. Be it resolved by the Board of Resolution No. 851-00. Yeas: Acting Director Carr, Direc- Control of the City of Cleveland By Director Hudecek. tors Brooks, Konicek, Sheperd, Ric- that pursuant to the authorization Whereas, pursuant to Ordinance chiuto, Whitlow, Guzman, Miller, of Ordinance No. 850-2000 passed No. 2076-76 passed October 25, 1976, Hudecek, Patterson, Warren and November 27, 2000, by the Cleveland the City is conducting a Land Reuti- Alexander. City Council, the Mayor is hereby lization Program in accordance with Nays: None. authorized to execute an official the provision of Chapter 5722 of the Absent: Mayor White. deed for and on behalf of the City Ohio Revised Code; and of Cleveland with The Pentecostal Whereas, City has acquired Per- Resolution No. 853-00. Faith Holiness Church of God for manent Parcel Nos. 142-27-061, 142-27- By Director Miller and Director the sale and development of Per- 062, 142-27-063, 142-27-064, and 142-26- Brooks. manent Parcel No. 128-03-014, as 083 under said Land Reutilization Be it resolved by the Board of described in said Ordinance in Program; and Control of the City of Cleveland accordance with the Land Reuti- Whereas, Ordinance No. 1641-2000 that Board of Control Resolution lization Program in such manner as passed November 27, 2000, autho- No. 803-00, adopted by the Board of best carries out the intent of said rized the sale of said parcels for a Control on November 29, 2000, p r o g r a m . consideration established by the authorizing the Director of Parks, Be it further resolved that the con- Board of Control at not less than the Recreation and Properties to enter sideration for said parcel shall be Fair Market Value; and into a concession agreement with $100.00, which amount is hereby Whereas, Amistad Development AMPCO System Parking for the determined to be not less than the Corporation or designee has pro- operation of the Gateway Garages, fair market value of said parcel for posed to the City to purchase and is hereby amended by inserting uses in accordance with the Land develop said parcels; now, there- “and Director of Finance” after Reutilization Program. f o r e , “Properties” and before “is”, by Yeas: Acting Director Carr, Direc- Be it resolved by the Board of deleting “is” and substituting there- tors Brooks, Konicek, Sheperd, Ric- Control of the City of Cleveland that for “are”, by deleting “concession” chiuto, Whitlow, Guzman, Miller, pursuant to the authorization of and substituting therefor “manage- Hudecek, Patterson, Warren and Ordinance No. 1641-2000 passed ment” and by deleting “Section Alexander. November 27, 2000, by the Cleveland 183.04 of the Codified Ordinances of Nays: None. City Council, the Mayor is hereby the Cleveland, Ohio, 1976,” and sub- Absent: Mayor White. authorized to execute an official stituting therefor “Ordinances Nos. deed for and on behalf of the City 328-92 and 1023-96, passed February Resolution No. 850-00. of Cleveland with Amistad Develop- 24, 1992 and June 18, 1996, respec- By Director Hudecek. ment Corporation or designee for t i v e l y , ” . Whereas, pursuant to Ordinance the sale and development of Perma- Be it further resolved that all No. 2076-76 passed October 25, 1976, nent Parcel Nos. 142-27-061, 142-27- other provisions of said Resolution the City is conducting a Land Reuti- 062, 142-27-063, 142-27-064, and 142-26- No. 803-00 not expressly amended lization Program in accordance with 083, as described in said Ordinance hereby shall remain unchanged and the provision of Chapter 5722 of the in accordance with the Land Reuti- in full force and effect. Ohio Revised Code; and lization Program in such manner as Yeas: Acting Director Carr, Direc- Whereas, City has acquired Per- best carries out the intent of said tors Brooks, Konicek, Sheperd, Ric- manent Parcel No. 119-30-021 under program. chiuto, Whitlow, Guzman, Miller, 3180 December 27, 2000 The City Record 7

Hudecek, Patterson, Warren and SCHEDULE OF THE BOARD Calendar No. 00-351: 6947 St. Clair Alexander. OF ZONING APPEALS Avenue (Ward 13) Nays: None. Dana Nicholas, owner, and Farid Absent: Mayor White. Mohamed, tenant, and Century Sign, MONDAY, JANUARY 8, 2001 agent, appeal to install a 20'-6" high Resolution No. 854-00. sign pole to the southeast corner of By Director Patterson and Direc- 9:30 A.M. an approximate 182' x 189' irregu- tor Warren. lar shaped corner parcel located in Be it resolved by the Board of Calendar No. 00-338: 17608 Euclid a Local Retail District at the north- Control of the City of Cleveland that Avenue (Ward 10) west corner of East 70th Street and the bid of Envirocom Construction, PVA Circle of Homes, owner c/o St. Clair Avenue at 6947 St. Clair Inc., base bid only, for the One Stop Tom Lewins, appeals to change the Avenue; said installation being con- Career Center Interior Renovations use of an existing irregular shaped trary to the Sign Regulations where for the Department of Personnel and office building into bingo recre- a 20'-6" high free standing sign is Human Resources and the Depart- ation use situated on an approxi- proposed and a free standing sign ment of Economic Development, mate 369' x 719' acreage parcel in a Local Retail District cannot received on February 16, 2000, pur- located in a Multi-Family District exceed 12' in height as stated in suant to the authority of Ordinance on the south side of Euclid Avenue Section 350.14(b) of the Codified No. 1495-97 passed August 13, 1997, at 17608 Euclid Avenue; said Ordinances. which on the basis of the order change of use being contrary to the quantities would amount to One Residential District Requirements Calendar No. 00-352: 10645 Leuer Hundred Forty Eight Thousand of Section 337.08 where bingo recre- Avenue (Ward 8) Seven Hundred and No/100 Dollars ation is not permitted in a Multi- Liberty Self Storage, owner, and ($148,700.00), is hereby affirmed and Family District but first permitted Cicogna Electric Company c/o approved as the lowest and best bid; in a General Retail District as stat- George Dragon, appeal to install a and the Director of Personnel and ed in the Business District Require- 40' high sign pole with an 8' high Human Resources and the Director ments of Section 343.11(b)(2)(L) x 12' wide sign cabinet on an of Economic Development are here- and contrary to the Specific Uses acreage parcel located in a Semi- by requested to enter into a contract Regulations of Section 347.12(a), Industry District on the south side for such items. where a bingo hall is required to of Leuer Avenue at 10645 Leuer Be it further resolved, that the Avenue; said installation being con- employment of the following sub- be 500' away from a church and a residence district, and the proposed trary to the Sign Regulations of contractor to Envirocom Construc- Section 350.15(b) where a free tion, Inc. is hereby approved: use is located in a residence district and within 500' of a church and standing sign in a Semi-Industry District cannot exceed 25' in height MAC Mechanical — FBE 22% contrary to the expansion of non- conforming use limitations of Sec- and 40' is proposed and a free standing sign in a Semi-Industry Yeas: Acting Director Carr, Direc- tion 359.01 of the Codified Ordi- n a n c e s . District is to be located 5' in from tors Brooks, Konicek, Sheperd, Ric- the side and rear property line as chiuto, Whitlow, Guzman, Miller, stated in Section 350.15(c) of the Hudecek, Patterson, Warren and Calendar No. 00-349: 11720 Brighton Codified Ordinances. Alexander. Avenue (Ward 19) Nays: None. Donald Lewis, owner, appeals to Calendar No. 00-353: 4207 Ardmore Absent: Mayor White. install approximately 52 linear feet of 6' high wooden privacy fencing Avenue (Ward 16) to the east and west of a 40' x 105' Maurice Burch, owner, appeals to enclose a 24' x 7.8' existing front JEFFREY B. MARKS, parcel located in a Two-Family Dis- porch of a one-story two family Secretary trict on the north side of Brighton dwelling house situated on an ap- Avenue at 11720 Brighton Avenue; proximate 38' x 139' parcel locat- said installation being contrary to ed in a Two-Family District on the CIVIL SERVICE NOTICES the Residential District Regula- south side of Ardmore Avenue at ______tions where a fence at an interior 4207 Ardmore Avenue; said enclo- side yard may be no higher than sure being contrary to the Yards General Information the least distance between such and Courts Requirements of Sec- fence and residential building on tion 357.04 where the permitted Application blanks and informa- an adjacent lot and a 6' high fence front yard setback is 25' and 22' tion, regarding minimum entrance is proposed and the distance is proposed and where a 7.8' pro- qualifications, scope of examination, between the neighboring house and and suggested reference materials jection is proposed and 4' is per- proposed fence is 3'-2" and the mitted as stated in Section may be obtained at the office of the maximum height of fencing per- Civil Service Commission, Room 119, 357.13(b)(4) of the Codified Ordi- mitted is 3'2" as stated in Section n a n c e s . City Hall, East 6th Street, and Lake- 337.23(a)(6) of the Codified Ordi- side Avenue. n a n c e s . Application blanks must be prop- EUGENE CRANFORD, JR., erly filled out on the official form Secretary Calendar No. 00-350: 607-609 East prescribed by the Civil Service Com- 125th Street (Ward 10) mission and filed at the office of the Maurice Foster, owner, appeals to commission not later than the final REPORT OF THE BOARD change the use of an existing one- closing date slated in the examina- OF ZONING APPEALS story beauty salon building into a tion announcement. barber shop situated on a 40' x 126' EXAMINATION RESULTS: Each applicant whether passing or failing parcel located in a Two-Family Dis- TUESDAY, DECEMBER 26, 2000 will be notified of the results of the trict on the east side of East 125th NO MEETING examination as soon as the com- Street at 607-609 East 125th Street; mission has graded the papers. said change of use being contrary Thereafter, eligible lists will be to the Residential District Regula- REPORT OF THE BOARD established which will consist of the tions of Section 337.03 where a bar- OF BUILDING STANDARDS ber shop is not permitted in a Two- names of those candidates who have AND BUILDING APPEALS been successful in all parts of the Family District but first permitted examination. in a Local Retail Business District as stated in the Business District PHYSICAL EXAMINATION: All NO MEETING candidates for original entrance posi- Requirements of Section 343.01 and tions who are successful in other contrary to the Off-Street Parking parts of the examinations must sub- and Loading Requirements where mit to a physical examination. zero parking spaces are provided PUBLIC NOTICE and 3 are required as stated in Sec- ANNE BLOOMBERG, tion 349.04(g) of the Codified Ordi- President nances. NONE 3181 8 The City Record December 27, 2000

NOTICE OF PUBLIC HEARING THURSDAY, JANUARY 18, 2001 Whereas, this resolution consti- tutes an emergency measure in that Paper Products, for the Division of the same provides for the usual NONE Cleveland Public Power, Depart- daily operation of a municipal ment of Public Utilities, as department; now, therefore, authorized by Ordinance No. 827- Be it resolved by the Council of CITY OF CLEVELAND BIDS 2000, passed by the Council of the City of Cleveland: the City of Cleveland, June 12, Section 1. That it hereby declares 2 0 0 0 . its intention to vacate the following For All Departments A PRE-BID MEETING WILL BE described real property: HELD ON THURSDAY, JANUARY Situated in the City of Cleveland, Sealed bids will be received at the 11, 2001, 10:00 A.M. AT CLEVE- County of Cuyahoga and State of office of the Commissioner of Pur- LAND PUBLIC POWER, 13 0 0 Ohio, and known as being all that chases and Supplies, Room 128, City LAKESIDE AVENUE, CLEVE- portion of: Hall, in accordance with the append- LAND, OHIO 44114. ATTENDANCE EAST 33RD STREET (66.00 feet ed schedule, and will be opened and IS MANDATORY. wide), extending Northerly from the read in Room 128, City Hall, imme- Northerly line of St. Clair Avenue diately thereafter. N.E. (99.00 feet wide) to the Souther- Each bid must be made in accor- December 20, 2000 and December 27, 2000 ly line of Hamilton Avenue N.E. dance with the specifications and (66.00 feet wide). must be submitted on the blanks FRIDAY, JANUARY 19, 2001 Section 2. That this resolution is supplied for the purpose, all of hereby declared to be an emergency which may be obtained at the office Runway Brooms and Replacement measure and, provided it receives of the said Commissioner of Pur- Heads, for the Division of Motor the affirmative vote of two-thirds of chases and Supplies, but no bid will Vehicle Maintenance, Department all the members elected to Council, be considered unless delivered to of Public Service, as authorized by it shall take effect and be in force the office of the said commissioner Ordinance No. 1685-2000. immediately upon its adoption and previous to 12:00 noon (Eastern approval by the Mayor; otherwise it Standard Time) on the date speci- shall take effect and be in force December 20, 2000 and December 27, 2000 fied in the schedule. from and after the earliest period 187.10 Negotiated contracts; allowed by law. FRIDAY, JANUARY 26, 2001 Notice required in Advertisement Adopted December 18, 2000. for Bids. Effective December 27, 2000. One (1) Cab and Chassis with Where invitations for bids are Heavy-Rescue Body, for the Divi- advertised, the following notice sion of Motor Vehicle Mainte- shall be included in the advertise- nance, Department of Public Ser- ment: “Pursuant to the MBE/FBE Res. No. 2122-2000. vice, as authorized by Ordinance Code, each prime bidder, each By Councilman Patmon (by de- No. 904-2000, passed by the Coun- minority business enterprise partmental request). cil of the City of Cleveland, (“MBE”) and each female business An emergency resolution request- August 7, 2000. enterprise (“FBE”) must be certi- ing the County Auditor to make tax fied before doing business with the advances during the year 2001 pur- City. Therefore, any prime contrac- December 20, 2000 and December 27, 2000 suant to Section 321.34, Ohio Revised tor wishing to receive credit for Code. using an MBE or FBE should THURSDAY, FEBRUARY 8, 2001 Whereas, this resolution consti- ensure that applications for certifi- tutes an emergency measure provid- cation as to MBE or FBE status Mobile Autotransformer Substation ing for the usual daily operation of compliance with the Code, affirma- Unit and Mobil Zigzag Ground- a municipal department; now, there- tive action in employment and, if ing Transformer Unit, for the fore, applicable, joint venture status, are Division of Cleveland Public Be it resolved by the Council of submitted to the Office of Equal Power, Department of Public the City of Cleveland: Opportunity (“OEO”) prior to the Utilities, as authorized by Ordi- Section 1. That the County Audi- date of bid opening or submission nance No. 1391-2000, passed by tor be and he hereby is requested of proposals or as specified by the the Council of the City of Cleve- to draw, and the County Treasurer Director. Failure to comply with the land, October 9, 2000. to pay on such draft to the Trea- business enterprise code or with A PRE-BID MEETING WILL BE sury of the City of Cleveland such representations made on these HELD ON WEDNESDAY, JANU- money as may be in the County forms may result in cancellation of ARY 17, 2001, 10:00 A.M. AT Treasury from time to time during the year 2001 to the account of the the contract or other civil or crimi- CLEVELAND PUBLIC POWER, City of Cleveland and lawfully nal penalties.” 1300 LAKESIDE AVENUE, CLEVE- applicable to the purpose of the LAND, OHIO 44114. ATTENDANCE current fiscal year in which such FRIDAY, JANUARY 12, 2001 IS MANDATORY. request is made, such payments to be made from time to time as the Commercial Gases, for various Director of Finance or the Mayor divisions of City Government, December 20, 2000 and December 27, 2000 of the City of Cleveland may Department of Finance, as r e q u e s t . authorized by Ordinance No. Section 2. That the Clerk of Coun- 1862-2000, passed by the Council cil be and she hereby is directed to of the City of Cleveland, Novem- ADOPTED RESOLUTIONS transmit a certified copy of this res- ber 20, 2000. AND ORDINANCES olution to the Auditor of Cuyahoga County. December 20, 2000 and December 27, 2000 Section 3. That this resolution is hereby declared to be an emergency WEDNESDAY, JANUARY 17, 2001 measure and, provided it receives Res. No. 1436-99. the affirmative vote of two-thirds of Powdered Activated Carbon, for the By Councilman Cimperman (by all the members elected to Council, Division of Water, Department of departmental request). it shall take effect and be in force Public Utilities, as authorized by An emergency resolution declar- immediately upon its adoption and Section 129.24 of the Codified Ordi- ing the intention to vacate all that approval by the Mayor; otherwise it nances of the City of Cleveland, portion of East 33rd Street. shall take effect and be in force 1976. Whereas, this Council; is satisfied from and after the earliest period that there is good cause to vacate allowed by law. all that portion of East 33rd Street, Adopted December 18, 2000. December 20, 2000 and December 27, 2000 as hereinafter described, and Effective December 20, 2000. 3182 December 27, 2000 The City Record 9

Res. No. 2123-2000. By Councilman Patmon (by departmental request). An emergency resolution accepting the amounts and rates as determined by the Budget Commission and autho- rizing the necessary tax levies certifying them to the County Auditor. Whereas, this Council, in accordance with the provisions of law, has previously adopted a Tax Budget, for the fiscal year commencing January 1, 2001; and Whereas, the Budget Commission of Cuyahoga County, Ohio, has certified its action thereon to this Council together with an estimate by the County Auditor of the rate of each tax necessary to be levied by this Council and what part thereof is without and what part within the 10-Mill limitation; and Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it resolved by the Council of the City of Cleveland: Section 1. That the amounts and rates as determined by the Budget Commission in its certification be and the same are hereby accepted. Section 2. That there be and is hereby levied on the tax duplicate of the City of Cleveland the rate of each tax necessary to be levied within and without the 10-Mill limitation, as follows:

SCHEDULE A

SUMMARY OF AMOUNTS REQUIRED FROM GENERAL PROPERTY TAX APPROVED BY BUDGET COMMISSION AND COUNTY AUDITOR’S ESTIMATED TAX RATES

Amount to Amount County Auditor’s be Derived Approved Estimate of Tax Rate From Levies By Budget To Be Levied Outside Commission Inside Outside 10-Mill Inside 10-Mill 10-Mill 10-Mill Limitation Limitation Limit Limit

Column II Column IV Column V Column VI

GENERAL FUND 7.75 BOND RETIREMENT FUND 4.35 POLICE PENSION FUND 0.30 FIRE PENSION FUND 0.05 0.25 ______TOTAL 4.40 8.30 ______

Section 3. That the Clerk of Council be and she hereby is directed to certify a copy of this resolution to the County Auditor of said County. Section 4. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its adoption and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Adopted December 18, 2000. Effective December 20, 2000.

Res. No. 2327-2000. of the laws, regulations or local tion of the public peace, prosperity, By Councilman Cimperman. ordinances of this state or any other safety and welfare pursuant to Sec- An emergency resolution object- state; and tion 4303.26 of the Ohio Revised ing to the transfer of ownership and Whereas, the place for which the Code. Council’s objection to said location of a D5 and D6 Liquor Per- permit is sought has not conformed permit must be received by the mit to 6611 St. Clair Avenue. to the building, safety or health Director of Liquor Control within 30 Whereas, Council has been noti- requirements of the governing body days of notification; now, therefore, fied by the Director of Liquor Con- of this County or City; and Be it ordained by the Council of trol of an application for the trans- Whereas, the place for which the the City of Cleveland: fer of ownership and location of a permit is sought is so arranged or Section 1. That Council does here- D5 and D6 Liquor Permit from Per- constructed that law enforcement by record its objection to the trans- mit No. 8644681, Eric Stringfield, officers or agents of the Department fer of ownership and location of a DBA Erocs Underground, 1127 Eu- of Liquor Control are prevented rea- D5 and D6 Liquor Permit from Per- clid Avenue, Basement Only, Cleve- sonable access to the establishment; mit No. 8644681, Eric Stringfield, land, Ohio 44114 to Permit No. and DBA Erocs Underground, 1127 2434398, Carla D. Edeh, DBA Club Whereas, the place for which the Euclid Avenue, Basement Only, Nijer, 6611 St. Clair Avenue, Cleve- permit is sought is so located with Cleveland, Ohio 44114 to Permit No. land, Ohio 44103; and respect to the neighborhood that it 2434398, Carla D. Edeh, DBA Club Whereas, the granting of this substantially interferes with public Nijer, 6611 St. Clair Avenue, Cleve- application for a liquor permit to decency, sobriety, peace or good land, Ohio 44103 and requests the this high crime area, which is order; and Director of Liquor Control to set a already saturated with other liquor Whereas, this objection is based hearing for said application in outlets, is contrary to the best inter- on other legal grounds as set forth accordance with provisions of Sec- ests of the entire community; and in Revised Code Section 4303.292; tion 4303.26 of the Revised Code of Whereas, the applicant does not and Ohio. qualify to be a permit holder and/or Whereas, this resolution consti- Section 2. That the Clerk of Coun- has demonstrated that he has oper- tutes an emergency measure pro- cil be and she is hereby directed to ated his liquor business in disregard viding for the immediate preserva- transmit two certified copies of this 3183 10 The City Record December 27, 2000 resolution, together with two copies accordance with provisions of Sec- approval by the Mayor; otherwise it of a letter of objection and two tion 4303.26 of the Revised Code of shall take effect and be in force copies of a letter requesting that the Ohio. from and after the earliest period hearing be held in Cleveland, Cuya- Section 2. That the Clerk of Coun- allowed by law. hoga County. cil be and she is hereby directed to Passed December 18, 2000. Section 3. That this resolution is transmit two certified copies of this Effective December 27, 2000. hereby declared to be an emergency resolution, together with two copies measure and, provided it receives of a letter of objection and two the affirmative vote of two-thirds of copies of a letter requesting that the all the members elected to Council, hearing be held in Cleveland, Cuya- Ord. No. 1118-2000. it shall take effect and be in force hoga County. By Councilmen Brady and West- immediately upon its adoption and Section 3. That this resolution is brook. approval by the Mayor; otherwise, it hereby declared to be an emergency An ordinance establishing the shall take effect and be in force measure and, provided it receives Clifton Road / West Boulevard His- from and after the earliest period the affirmative vote of two-thirds of toric Landmark District Extension allowed by law. all the members elected to Council, (Map Change No. 2014, Sheet Nos. 1 Adopted December 18, 2000. it shall take effect and be in force & 2) Effective December 27, 2000. immediately upon its adoption and Whereas, the Cleveland Landmarks approval by the Mayor; otherwise, it Commission has determined that the shall take effect and be in force Clifton Road / West Boulevard His- from and after the earliest period toric Landmark District represents Res. No. 2328-2000. allowed by law. an important aspect of Cleveland’s By Councilman Cimperman. Adopted December 18, 2000. cultural, economic, social and historic An emergency resolution object- Effective December 27, 2000. heritage and in consideration of that ing to the stock transfer of a D2, history, its architecture and other fea- D2X, D3, D3A and D6 Liquor Permit tures of the area, the Cleveland Land- to 2000 Lakeside Avenue, 1st Fl., marks Commission finds the proposed Bsmt. & Patio. Ord. No. 596-2000. Clifton Road / West Boulevard His- Whereas, Council has been noti- By Councilmen Rybka and Pat- toric Landmark District meets the cri- fied by the Director of Liquor Con- mon (by departmental request). teria for Landmark designation; and trol of an application for the stock An emergency ordinance authoriz- Whereas, the owners of the prop- transfer of a D2, D2X, D3, D3A and ing the Directors of Parks, Recre- erties within the boundaries of the D6 Liquor Permit to Permit No. ation and Properties and Finance to proposed Clifton Road / West Boule- 2288380, Dow Lak Inc., 2000 Lake- enter into contract with the Cleve- vard Historic Landmark District side Avenue, 1st Fl. Bsmt. & Pation, land Board of Education to conduct have been properly notified in accor- Cleveland, Ohio 44114; and recreational, cultural and extracur- dance with Section 161.04 of the Cod- Whereas, the granting of this ricular programs for the benefit of ified Ordinances of the City of application for a liquor permit to school children during the 2000-2001 Cleveland, Ohio 1976, therefore; this high crime area, which is school year. Be it ordained by the Council of already saturated with other liquor Whereas, pursuant to Ordinance the City of Cleveland: outlets, is contrary to the best inter- No. 1025-A-95, passed June 28, 1995, Section 1. That the following area ests of the entire community; and tax revenues from levying the park- outlined in red on the map hereto Whereas, the applicant does not ing facility tax and increases in the attached be and the same is hereby qualify to be a permit holder and/or motor vehicle lessor tax and the designated the Clifton Road / West has demonstrated that he has oper- admissions tax can be used to fund Boulevard Landmark District exten- ated his liquor business in disregard recreational, cultural and extracur- sion; of the laws, regulations or local ricular programs within the Cleve- Beginning at the intersection of ordinances of this state or any other land School system; and the center line of Madison Avenue, state; and Whereas, the Joint Board estab- N.W. and the center line of West 98 Whereas, the place for which the lished by Ordinance No. 1025-A-95 Street; thence southerly along said permit is sought has not conformed has recommended that a portion of center line of West 98 Street to its to the building, safety or health the tax proceeds be used to fund a intersection with the easterly exten- requirements of the governing body number of recreational, cultural and sion of the northerly line of Perma- of this County or City; and extracurricular programs for City nent Parcel No. 5-23-120 (said Whereas, the place for which the school children during the 2000-2001 northerly line of said Permanent permit is sought is so arranged or school year, including dance, drama, Parcel No. 5-23-120 being located constructed that law enforcement instrumental, vocal, cheerleading, approximately one hundred ten officers or agents of the Department aquatic, sports and academic enrich- (110) feet south of the southerly line of Liquor Control are prevented rea- ment programs; and of Madison Avenue, N.W.); thence sonable access to the establishment; Whereas, this ordinance consti- westerly along said easterly exten- and tutes an emergency measure provid- sion and along said northerly line of Whereas, the place for which the ing for the usual daily operation of said Permanent Parcel No. 5-23-120 permit is sought is so located with a municipal department; now, there- and continuing westerly along the respect to the neighborhood that it fore, northerly line of Permanent Parcel substantially interferes with public Be it ordained by the Council of No. 5-23-117 and along its westerly decency, sobriety, peace or good the City of Cleveland: extension to the center line of West order; and Section 1. That the Directors of 99 Street; thence northerly along Whereas, this objection is based Parks, Recreation and Properties said center line of West 99 Street to on other legal grounds as set forth and Finance are hereby authorized its intersection with the easterly in Revised Code Section 4303.292; to enter into contract with the Board extension of the northerly line of and of Education of the Cleveland City Permanent Parcel No. 5-23-138; Whereas, this resolution consti- School District to conduct various thence westerly along said easterly tutes an emergency measure provid- recreational, cultural and extracur- extension and along said northerly ing for the immediate preservation ricular programs for the benefit of line of said Permanent Parcel No. 5- of the public peace, prosperity, safe- City school children, in accordance 23-138 to its intersection with the ty and welfare pursuant to Section with the program description con- easterly line of Permanent Parcel 4303.26 of the Ohio Revised Code. tained in File No. 596-2000-B, for an No. 5-23-75; thence northerly along Council’s objection to said permit amount not to exceed $2,000,000, said easterly line of said Permanent must be received by the Director of payable from the fund or funds to Parcel No. 5-23-75 to its intersection Liquor Control within 30 days of which are credited the proceeds of with the northerly line thereof; notification; now, therefore, the taxes levied pursuant to Ordi- thence westerly along said norther- Be it ordained by the Council of nance No. 1025-A-95, passed June 28, ly line of said Permanent Parcel No. the City of Cleveland: 1995, under such terms and condi- 5-23-75 and along its westerly exten- Section 1. That Council does here- tions as are acceptable to the Direc- sion to the center line of West 100 by record its objection to the stock tor of Law. Street; thence continuing westerly transfer of a D2, D2X, D3, D3A and Section 2. That this ordinance is along the easterly extension of a D6 Liquor Permit to Permit No. hereby declared to be an emergency line located sixty (60) feet south of 2288380, Dow Lak Inc., 2000 Lake- measure and, provided it receives the southerly line of Madison side Avenue, 1st Fl. Bsmt. & Pation, the affirmative vote of two-thirds of Avenue, N.W. and along said line Cleveland, Ohio 44114 and requests all the members elected to Council, which is parallel to and sixty (60) the Director of Liquor Control to set it shall take effect and be in force feet south of said southerly line of a hearing for said application in immediately upon its passage and Madison Avenue, N.W. to its inter- 3184 December 27, 2000 The City Record 11 section with a line located one hun- the westerly line of Permanent Par- easterly line of Curran Avenue, dred thirty six and fifteen hun- cel No. 17-11-45; thence southerly S.W.; thence southwesterly along dredths (136.15) feet west of the along said westerly line of said Per- said line which is parallel to and westerly line of West 100 Street; manent Parcel No. 17-11-45 and along sixty (60) feet southeast of said thence southerly along said line its southerly extension to the center southeasterly line of Curran Avenue, which is parallel to and one thirty line of Fidelity Avenue, S.W.; thence S.W. to its intersection with the six and fifteen hundredths (136.15) westerly along said center line of northeasterly line of Permanent Par- feet west of said westerly line of Fidelity Avenue, S.W. to its inter- cel No. 17-15-52; thence southeasterly West 100 Street to its intersection a section with the northerly extension along said northeasterly line of said line located one hundred forty and of the westerly line of Permanent Permanent Parcel No. 17-15-52 to its two hundredths (140.02) feet south Parcel No. 17-13-5; thence southerly intersection with the northwesterly of said southerly line of Madison along said northerly extension and line of Permanent Parcel No. 17-15- Avenue, N.W.; thence westerly along along said westerly line of said Per- 51; thence northeasterly along said said line which is parallel to and manent Parcel No. 17-13-5 to its northwesterly line of said Perma- one hundred forty and two hun- intersection with a line located one nent Parcel No. 17-15-51 to its inter- dredths (140.02) feet south of said hundred seventy five (175) feet section with the northeasterly line southerly line of Madison Avenue, southeast of the southeasterly line thereof; thence southeasterly along N.W. and along its westerly exten- of West Boulevard; thence south- said northeasterly line of said Per- sion to the center line of West 101 westerly along said line which is manent Parcel No. 17-15-51 and along Street; thence southerly along said parallel to and one hundred seventy its southeasterly extension to its center line of West 101 Street to its five (175) feet southeast of said intersection with a line located one intersection with the easterly exten- southeasterly line of West Boule- hundred fifty (150) feet south of the sion of the northerly line of Perma- vard and along its southwesterly southerly line of Curran Avenue, nent Parcel No. 5-23-13; thence west- prolongation to the center line of S.W.; thence easterly along said line erly along said easterly extension Adelaide Avenue, S.W.; thence west- which is parallel to and one hundred and along said northerly line of erly along said center line of Ade- fifty (150) feet south of said said Permanent Parcel No. 5-23-13 to laide Avenue, S.W. to its intersec- southerly line of Curran Avenue, its intersection with a line located tion with the northerly extension of S.W. to its intersection with the one hundred fifty (150) feet east of the center line of an unnamed alley; easterly line of Permanent Parcel the easterly line of West Boulevard; thence southerly along said norther- No. 17-15-49; thence southerly along thence southerly along said line ly extension and along said center said easterly line of Permanent Par- which is parallel to and one hundred line of said unnamed alley and cel No. 17-15-49 and continuing fifty (150) feet east of said easter- along its southerly extension to the southerly along the easterly lines of ly line of West Boulevard and along center line of Loretta Avenue, S.W.; Permanent Parcel Nos. 17-15-48, 17- its southerly prolongation crossing thence easterly along said center 15-47 and along its southerly exten- Western Avenue, N.W. and continu- line of Loretta Avenue, S.W. to its sion to the center line of Walford ing to its intersection with the cen- intersection with the northwesterly Avenue, S.W.; thence easterly along ter line of an unnamed alley locat- extension of a line located one hun- said center line of Walford Avenue, ed approximately one hundred five dred seventy five (175) feet north- S.W. to its intersection with the cen- (105) feet northwest of the north- east of the northeasterly line of ter line of the C.C.C. and St. L. Rail- westerly line of Lorain Avenue; West Boulevard; thence southeaster- road tracks; thence southwesterly thence southwesterly along said cen- ly along said northwesterly exten- along said C.C.C. and St. L. Railroad ter line of said unnamed alley and sion and along said line which is tracks to its intersection with the along its southwesterly extension to parallel to and one hundred seventy southeasterly extension of the south- the center line of West Boulevard; five (175) feet northeast of said westerly line of Permanent Parcel thence southeasterly along said cen- northeasterly line of West Boule- No. 17-17-38; thence northwesterly ter line of West Boulevard to the vard to its intersection with a line along said southeasterly extension center line of Lorain Avenue and located sixty (60) feet northwest of of said southwesterly line of said continuing southeasterly along said the northwesterly line of Unity Permanent Parcel No. 17-17-38 and center line of West Boulevard to its Avenue, S.W.; thence southwesterly along said southwesterly line of intersection with the westerly exten- along said line which is parallel to said Permanent Parcel No. 17-17-38 sion of the northerly line of Perma- and sixty (60) feet northwest of said and along its northwesterly exten- nent Parcel No. 17-9-35; thence east- northwesterly line of Unity Avenue, sion to the center line of Jasper erly along said westerly extension S.W. to its intersection with a line Avenue, S.W.; thence easterly and and along said northerly line of said located one hundred forty five (145) northeasterly along said center line Permanent Parcel No. 17-9-35 to its feet northeast of said northeasterly of Jasper Avenue, S.W. to the cen- intersection with the easterly line line of West Boulevard; thence ter line of West Boulevard; thence thereof; thence southerly along the southeasterly along said line which northerly along said center line of easterly line of Permanent Parcel is parallel to and one hundred forty West Boulevard to its intersection No. 17-9-35 and continuing southerly five (145) feet northeast of said with the southeasterly extension of along the easterly lines of Perma- northeasterly line of West Boule- the southwesterly line of Permanent nent Parcel Nos. 17-9-34, 17-9-33, 17-9- vard and along its southeasterly Parcel No. 17-17-46; thence north- 32, 17-9-31, 17-9-30, 17-9-29, 17-9-28, 17- extension to the center line of Unity westerly along said southeasterly 9-27, 17-9-26 and 17-9-25, 17-11-31, 17- Avenue, S.W.; thence northeasterly extension and along said south- 11-32, 17-11-33, 17-11-34, 17-11-35, 17-11- along said center line of Unity westerly line of said Permanent Par- 36, 17-11-37 and 17-11-38 to its inter- Avenue, S.W. to its intersection with cel No. 17-17-46 to its intersection section with the southerly line the northwesterly extension of a with a line located one hundred thereof; thence westerly along said line located one hundred seventy forty (140) feet east of the easterly southerly line of said Permanent five (175) feet northeast of said line of West 102 Street; thence Parcel No. 17-11-38 to its intersection northeasterly line of West Boule- northerly along said line which is with the westerly line of Permanent vard; thence southeasterly along parallel to and one hundred forty Parcel No. 17-11-64; thence southerly said northwesterly extension and (140) feet east of said easterly line along said westerly line of said Per- along said line which is parallel to of West 102 Street and along its manent Parcel No. 17-11-64 and along and one hundred seventy five (175) northerly extension to the center its southerly extension to the center feet northeast of said northeasterly line of Thrush Avenue, S.W.; thence line of Almira Avenue, S.W.; thence line of West Boulevard and along westerly along said center line of westerly along said center line of its southeasterly extension to the Thrush Avenue, S.W. to its intersec- Almira Avenue, S.W. to its intersec- center line of Curran Avenue, S.W.; tion with the southerly extension of tion with the northerly extension of thence southwesterly along said cen- a line located eight hundred thirty the westerly line of Permanent Par- ter line of Curran Avenue, S.W. to five (835) feet east of the easterly cel No. 17-11-63; thence southerly its intersection with the northwest- line of West 105 Street; thence along said northerly extension and erly extension of a line located one northerly along said southerly along said westerly line of said Per- hundred sixty (160) feet northeast extension and along said line which manent Parcel No. 17-11-63 to its of said northeasterly line of West is parallel to and eight hundred thir- intersection with a line located one Boulevard; thence southeasterly ty five (835) feet east of said east- hundred thirty (130) feet north of along said northwesterly extension erly line of East 105 Street and the northerly line of Fidelity and along said line which is paral- along its northerly extension to the Avenue, S.W.; thence westerly along lel to and one hundred sixty (160) center line of Dale Avenue, S.W; said line which is parallel to and feet northeast of said northeasterly thence easterly along said center one hundred thirty (130) feet north line of West Boulevard to its inter- line of Dale Avenue, S.W. to its of said northerly line of Fidelity section with a line located sixty intersection with the southerly Avenue, S.W. to its intersection with (60) feet southeast of the south- extension of the easterly line of Per- 3185 12 The City Record December 27, 2000 manent Parcel No. 17-22-82; thence northwesterly extension to the cen- of said southerly line of Almira northerly along said southerly ter line of West 105 Street; thence Avenue, S.W. to its intersection with extension and along said easterly southerly along said center line of a line located six hundred (600) feet line of said Permanent Parcel No. West 105 Street to the center line of east of said easterly line of West 17-22-82 to its intersection with the St. Mark Avenue, S.W.; thence west- 105 Street; thence northerly along northeasterly line thereof; thence erly along said center line of St. said line which is parallel to and six northwesterly along said northeast- Mark Avenue, S.W. to its intersec- hundred (600) feet east of said east- erly line of said Permanent Parcel tion with the southerly extension of erly line of West 105 Street to its No. 17-22-82 and continuing north- a line located one hundred twenty intersection with a line located sixty westerly along the northeasterly three and eighty four hundredths five (65) feet south of said souther- lines of Permanent Parcel Nos. 17- (123.84) feet west of the westerly ly line of Almira Avenue, S.W.; 22-83 and 17-22-68 and along its line of West 105 Street; thence thence easterly along said line northwesterly extension to the cen- northerly along said southerly which is parallel to and sixty five ter line of Linnet Avenue, S.W.; extension and along said line which (65) feet south of said southerly line thence northeasterly along said cen- is parallel to and one hundred twen- of Almira Avenue, S.W. to its inter- ter line of Linnet Avenue, S.W. to ty three and eighty four hundredths section with a line located six hun- its intersection with the southeast- (123.84) feet west of said westerly dred forty five (645) feet east of erly extension of the southwesterly line of West 105 Street and along its said easterly line of West 105 Street; line of Permanent Parcel No. 17-14- northerly extension to the center thence northerly along said line 113; thence northwesterly along said line of Governor Avenue, S.W.; which is parallel to and six hundred southeasterly extension and along thence northerly along said center forty five (645) feet east of said said southwesterly line of said Per- line of Governor Avenue, S.W. to its easterly line of West 105 Street and manent Parcel No. 17-14-113 to its intersection with the southerly along its northerly extension to the intersection with a line located extension of the easterly line of Per- center line of Almira Avenue, S.W.; three hundred (300) feet southeast manent Parcel No. 18-14-107; thence thence easterly along said center of the southeasterly line of Fortune northerly along said southerly line of Almira Avenue, S.W. to its Avenue, S.W.; thence southwesterly extension and along said easterly intersection with the southerly along said line which is parallel to line of said Permanent Parcel No. extension of the easterly line of Per- and three hundred (300) feet south- 18-14-107 to its intersection with a manent Parcel No. 17-10-17; thence east of said southeasterly line of line located one hundred twenty six northerly along said southerly Fortune Avenue, S.W. to its inter- (126) feet north of the northerly line extension and along said easterly section with a line located one hun- of Governor Avenue, S.W.; thence line of said Permanent Parcel No. dred seventy five (175) feet south- westerly along said line which is 17-10-17 to its intersection with the west of the southwesterly line of parallel to and one hundred twenty southerly line of Permanent Parcel West Boulevard; thence northwest- six (126) feet north of said norther- No. 17-10-15; thence easterly along erly along said line which is paral- ly line of Governor Avenue, S.W. to said southerly line of said Perma- lel to and one hundred seventy five its intersection with the easterly nent Parcel No. 17-10-15 to its inter- (175) feet southwest of said south- line of Permanent Parcel No. 18-14- section with the easterly line there- westerly line of West Boulevard to 13; thence northerly along said east- of; thence northerly along said east- its intersection with a line located erly line of said Permanent Parcel erly line of said Permanent Parcel sixty (60) feet southeast of said No. 18-14-13 and along its northerly No. 17-10-15 to its intersection with southeasterly line of Fortune extension to the center line of Flo- a line located sixty five (65) feet Avenue, S.W.; thence northeasterly rian Avenue, S.W.; thence easterly south of the southerly line of along said line which is parallel to along said center line of Florian Bernard Avenue, S.W.; thence east- and sixty (60) feet southeast of said Avenue, S.W. to the center line of erly along said line which is paral- southeasterly line of Fortune Parkhurst Drive, S.W.; thence south- lel to and sixty five (65) feet south Avenue, S.W. to its intersection with easterly along said center line of of said southerly line of Bernard a line located one hundred thirty Parkhurst Drive, S.W. to its inter- Avenue, S.W. to its intersection with (130) feet southwest of said south- section with the southwesterly a line located eight hundred thirty westerly line of West Boulevard; extension of the northwesterly line and fifty four hundredths (830.54) thence northwesterly along said line of Permanent Parcel No. 18-11-10; feet east of said easterly line of which is parallel to and one hundred thence northeasterly along said West 105 Street; thence northerly thirty (130) feet southwest of said southwesterly extension and along along said line which is parallel to southwesterly line of West Boule- said northwesterly line of said Per- and eight hundred thirty and fifty vard and along its northwesterly manent Parcel No. 18-11-10 to its four hundredths (830.54) feet east of extension to the center line of For- intersection with the northerly line said easterly line of West 105 Street tune Avenue, S.W.; thence south- thereof; thence easterly along said and along its northerly extension to westerly and westerly along said northerly line of said Permanent the center line of Bernard Avenue, center line of Fortune Avenue, S.W. Parcel No. 18-11-10 and along its S.W.; thence easterly along said cen- to its intersection with the souther- easterly extension to the center line ter line of Bernard Avenue, S.W. to ly extension of the westerly line of of West 105 Street; thence northerly its intersection with the southerly Permanent Parcel No. 18-14-107; along said center line of West 105 extension of a line located eight thence northerly along said souther- Street to its intersection with the hundred forty five (845) feet east of ly extension and along said wester- southwesterly extension of a line said easterly line of West 105 Street; ly line of said Permanent Parcel No. located one hundred seventy five thence northerly along said souther- 18-14-107 to its intersection with the (175) feet northwest of the north- ly extension and along said line northwesterly line thereof; thence westerly line of West Boulevard; which is parallel to and eight hun- northeasterly along said northwest- thence northeasterly along said dred forty five (845) feet east of erly line of said Permanent Parcel southwesterly extension and along said easterly line of West 105 Street No. 18-14-107 to its intersection with said line which is parallel to and to its intersection with a line locat- a line located approximately one one hundred seventy five (175) feet ed sixty five (65) feet north of the hundred thirty five (135) feet south- northwest of said northwesterly line northerly line of Bernard Avenue, west of said southwesterly line of of West Boulevard and along its S.W.; thence westerly along said West Boulevard; thence northwest- northeasterly extension to the cen- line which is parallel to and sixty erly along said line which is paral- ter line of Fidelity Avenue, S.W.; five (65) feet north of said norther- lel to and approximately one hun- thence easterly along said center ly line of Bernard Avenue, S.W. to dred thirty five (135) feet southwest line of Fidelity Avenue, S.W. to its its intersection with a line located of said southwesterly line of West intersection with the southerly eight hundred (800) feet east of said Boulevard to its intersection with extension of a line located four hun- easterly line of West 105 Street; the southeasterly line of Permanent dred eighty (480) feet east of the thence northerly along said line Parcel No. 17-14-104; thence south- easterly line of West 105 Street; which is parallel to and eight hun- westerly along said southeasterly thence northerly along said souther- dred (800) feet east of said easterly line of said Permanent Parcel No. ly extension and along said line line of West 105 Street and along its 17-14-104 to its intersection with a which is parallel to and four hun- northerly extension to the center line located one hundred seventy dred eighty (480) feet east of said line of Joan Avenue, S.W.; thence five (175) feet southwest of said easterly line of West 105 Street to continuing northerly along the southwesterly line of West Boule- its intersection with a line located southerly extension of a line locat- vard; thence northwesterly along one hundred thirty (130) feet south ed one hundred sixty six and twen- said line which is parallel to and of the southerly line of Almira ty hundredths (166.20) feet west of one hundred seventy five (175) feet Avenue, S.W.; thence easterly along the westerly line of West Boulevard southwest of said southwesterly line said line which is parallel to and and along said line which is paral- of West Boulevard and along its one hundred thirty (130) feet south lel to and one hundred sixty six and 3186 December 27, 2000 The City Record 13 twenty hundredths (166.20) feet mission by the appropriate person years of service, such weapon, hel- west of said westerly line of West designated for such purpose by the met and/or badge shall be turned Boulevard and along its northerly City Planning Commission, further, over to the Commissioner of Pur- extension to the center line of a copy of map attached hereto shall chases and Supplies. Military ser- Ignatius Avenue, S.W.; thence west- be available for public inspection in vice time purchased by an officer, erly along said center line of the office of the Cleveland Land- fire fighter or EMT/Paramedic fol- Ignatius Avenue, S.W. to its inter- marks Commission. lowing twenty (20) years of service section with the southerly extension Section 3. That this ordinance shall be applied to the service time of the westerly line of Permanent shall take effect and be in force necessary for this provision. This Parcel No. 17-9-57; thence northerly from and after the earliest period provision shall apply to any officer, along said southerly extension and allowed by law. fire fighter or EMT/Paramedic along said westerly line of said Per- Passed December 18, 2000. under disability retirement. The manent Parcel No. 17-9-57 to its Effective January 27, 2001. Commissioner of Purchases and intersection with the southwesterly Supplies shall, when so directed by line of Permanent Parcel No. 17-9-1; the Board of Control, offer to sell thence northwesterly along said such service weapon, helmet and/or southwesterly line of said Perma- Ord. No. 1304-2000. badge to such police officer, fire nent Parcel No. 17-9-1 and along its By Councilmen Brady, Polensek, fighter or EMT/Paramedic for its northwesterly extension to the cen- Patmon and Dolan. fair market value. In lieu of pay- ter line of Lorain Avenue; thence An emergency ordinance to amend ing cash for the weapon, helmet, southwesterly along said center line Section 181.19 of the Codified Ordi- and/or badge, such police officer, of Lorain Avenue to the center line nances of Cleveland, Ohio, 1976, as firefighter, or EMT/Paramedic may of West 103 Street; thence northerly enacted by Ordinance No. 848-83, elect to forego all or any portion of along said center line of West 103 passed June 13, 1983, relating to any uniform or uniform mainte- Street to its intersection with the excess personal property. nance allowance to which he is enti- southwesterly extension of the cen- Whereas, this ordinance consti- tled at the time of the purchase; ter line of Regina Court; thence tutes an emergency measure provid- provided, however, that the sum of northeasterly along said southwest- ing for the usual daily operation of any cash payment and the erly extension and along said cen- a municipal department; now, there- allowances devoted to the purchase ter line of Regina Court to its inter- fore, shall equal the fair market value of section with a line located one hun- Be it ordained by the Council of the item or items. dred (100) feet east of the easterly the City of Cleveland: Section 2. That existing Section line of West 103 Street; thence Section 1. That Section 181.19 of 181.19 of the Codified Ordinances of northerly along said line which is the Codified Ordinances of Cleve- Cleveland, Ohio, 1976, as by enact- parallel to and one hundred (100) land, Ohio, 1976, as by enacting Ordi- ing Ordinance No. 848-83, passed feet east of said easterly line of nance No. 848-83, passed June 13, June 13, 1983 is hereby repealed. West 103 Street to the center line of 1983 is hereby amended to read as Section 3. That this ordinance is Western Avenue, N.W. and continu- follows: hereby declared to be an emergency ing northerly along the southerly measure and, provided it receives extension of and along said line to Section 189.19 Excess Personal the affirmative vote of two-thirds of its intersection with a line located Property; Use by Other Departments; all the members elected to Council, one hundred (100) feet south of the Sale it shall take effect and be in force southerly line of Madison Avenue, (a) Except as provided in Section immediately upon its passage and N.W.; thence easterly along said line 181.15., all personal property of the approval by the Mayor; otherwise it which is parallel to and one hundred City not needed by the department shall take effect and be in force (100) feet south of said southerly or office in whose charge such prop- from and after the earliest period line of Madison Avenue, N.W.; erty is, shall be turned over to the allowed by law. thence easterly along said line Commissioner of Purchases and Sup- Passed December 18, 2000. which is parallel to and one hundred plies. If any such property is suit- Effective December 27, 2000. (100) feet south of said southerly able to be used by any other depart- line of Madison Avenue, N.W. to its ment or office of the City, the Com- intersection with the westerly line missioner shall, when so directed, of Permanent Parcel No. 5-18-206; sell such property at its current Ord. No. 1592-2000. thence northerly along said wester- value to such other department or By Councilmen Polensek, Lewis ly line of said Permanent Parcel No. office, or shall place it in the City and Patmon (by departmental re- 5-18-206 and along its northerly storerooms or warehouses until such quest). extension to the center line of Madi- time as it may be needed by some An emergency ordinance to amend son Avenue, N.W.; thence easterly department or office of the City. If Sections 403.99 and 433.01 of the Cod- along said center line of Madison such property is not needed or is not ified Ordinances of Cleveland, Ohio, Avenue, N.W. to the center line of suitable for the use of any depart- 1976, as amended by various ordi- West 102 Street; thence northerly ment or office of the City, when so nances, to revise the misdemeanor along said center line of West 102 directed by the Board of Control it classifications and penalties for Street to its intersection with the shall be sold by the Commissioner traffic code offenses, and to amend westerly extension of a line located and the proceeds of such sale shall the offense of driving or physical one hundred twenty (120) feet north be turned in to the fund of the City control while under the influence of of the northerly line of Madison from which such property was paid alcohol or drugs. Avenue, N.W.; thence easterly along for. Such sale shall be posted and Whereas, this ordinance consti- said westerly extension and along advertised in every case in like tutes an emergency measure provid- said line which is parallel to and manner as are purchases in amounts ing for the usual daily operation of one hundred twenty (120) feet north equal to the anticipated receipts a municipal department; now, there- of said northerly line of Madison from such sales. However, in the fore, Avenue, N.W. to its intersection with event the Board so directs, the Com- Be it ordained by the Council of a line located seventy (70) feet east missioner may sell such property at the City of Cleveland: of the easterly line of West 102 public auction, to be held at a place Section 1. That the following Sec- Street; thence southerly along said to be designated by the Commis- tions of the Codified Ordinances of line which is parallel to and seven- sioner, and named in the advertise- Cleveland, Ohio, 1976: ty (70) feet east of said easterly line ment of sale to be posted and adver- Section 403.99, as amended by of West 102 Street and along its tised for two consecutive weeks Ordinance No. 268-A-99, passed southerly extension to the center prior to the date of such sale. December 15, 1999, and line of Madison Avenue, N.W.; (b) When the Director of Public Section 433.01, as amended by thence easterly along said center Safety makes a determination in Ordinance No. 91-96, passed March line of Madison Avenue, N.W. to the accordance with Section 101 of the 18, 1996, place of beginning. Charter with respect to the service are hereby amended to read, respec- Section 2. That the designation of weapon of a police officer with tively, as follows: the area set forth in Section 1 here- more than twenty-three (23) years of as the Clifton Road / West Boule- of service in the Division of Police 403.99 Traffic Code Misdemeanor vard Historic Landmark District or with respect to the helmet of a Classifications and Penalties Extension shall be noted on the fire fighter with more than twenty- (a) Misdemeanor Classifications Building Zone Maps of the City of three (23) years of service in the (1) General classification. Whoev- Cleveland on file in the office of the Division of Fire, or with respect to er violates any provision of this Clerk of Council and on file in the the badge of an EMT/Paramedic Traffic Code or any regulation law- office of the City Planning Com- with more than twenty-three (23) fully adopted pursuant thereto, for 3187 14 The City Record December 27, 2000 which violation no penalty is other- Alcohol and Drug Addiction Ser- 2903.07, or 2903.08 or a municipal wise provided, is guilty of a minor vices, in addition to the required ordinance that is substantially sim- misdemeanor on a first offense; on attendance at a drivers’ intervention ilar to RC 2903.07 in a case in which a second offense within one year program, that the operators of the the jury or judge found that the after the first offense, such person drivers’ intervention program deter- offender was under the influence of is guilty of a misdemeanor of the mine that the offender should attend alcohol, a drug of abuse, or alcohol fourth degree; on each subsequent and to report periodically to the and a drug of abuse, or a statute of offense within one year after the court on his progress in the pro- the United States or of any other first offense such person is guilty of grams. The court also may impose state or a municipal ordinance of a a misdemeanor of the third degree. any other conditions of probation on municipal corporation located in any When any person is found guilty of the offender that it considers neces- other state that is substantially sim- a first offense for violation of Sec- sary. ilar to division (A) or (B) of RC tion 433.03, upon a finding that he B. Except as otherwise provided 4511.19, except as provided in this operated a motor vehicle in excess in division D. of this section and division, the court shall sentence the of the posted speed limit by ten except as provided in this division, offender to a term of imprisonment miles an hour or more, such person if, within six years of the offense, of thirty consecutive days and may is guilty of a misdemeanor of the the offender has been convicted of sentence the offender pursuant to fourth degree. (RC 4511.99(D), or pleaded guilty to one violation of division (b) of Section 403.99 to a 4513.99(C)). When any person is division (a) or (b) of Section 433.01, longer term of imprisonment. In found guilty of a violation of divi- division (A) or (B) of RC 4511.19, a addition, the court shall impose sion (b)(8) of Section 433.07, in addi- municipal ordinance relating to upon the offender a fine of not less tion to all other penalties provided operating a vehicle while under the than five hundred fifty dollars by law, such person shall be fined influence of alcohol, a drug of ($550.00) and not more than two two times the usual amount imposed abuse, or alcohol and a drug of thousand five hundred dollars for the violation. abuse, a municipal ordinance relat- ($2,500). (2) Driving under the influence. ing to operating a vehicle with a In addition to any other sentence Whoever violates division (a)(1), prohibited concentration of alcohol that it imposes upon the offender, (a)(2), (a)(3) or (a)(4) of Section in the blood, breath, or urine, RC the court shall require the offender 433.01, in addition to the license sus- 2903.04 in a case in which the to attend a drivers’ intervention pro- pension or revocation provided in offender was subject to the sanc- gram that is certified pursuant to RC 4507.16 and any disqualification tions described in Division (D) of RC 3793.10. If the officials of the imposed under RC 4506.16 shall be that section, or RC 2903.06, 2903.07, drivers’ intervention program deter- punished as provided in division A., or 2903.08 or a municipal ordinance mine that the offender is alcohol B., or C. of this section. Whoever that is substantially similar to RC dependent, they shall notify the violates division (a)(5), (a)(6), or 2903.07 in a case in which the jury court, and the court shall order the (a)(7) of Section 433.01 of the or judge found that the offender offender to obtain treatment Revised Code, in addition to the was under the influence of alcohol, through an alcohol and drug addic- license suspension or revocation pro- a drug of abuse, or alcohol and a tion program authorized by RC vided in Section 4507.16 of the drug of abuse, or a statute of the 3793.02. The cost of the treatment Revised Code and any disqualifica- United States or of any other state shall be paid by the offender. tion imposed under section 4506.16 of or a municipal ordinance of a munic- D. Except as otherwise provided the Revised Code, shall be punished ipal corporation located in any other in division E. or F. of this section, as provided in division D., E., or F. state that is substantially similar to the offender is guilty of a misde- of this section. division (A) or (B) of RC 4511.19, meanor of the first degree, and the (A) Except as otherwise provided the offender is guilty of a misde- court shall sentence the offender to in division B. or C. of this section, meanor of the first degree and, one of the following: the offender is guilty of a misde- except as provided in this division, 1. A term of imprisonment of at meanor of the first degree, and the the court shall sentence the offend- least three consecutive days and a court shall sentence the offender to er to a term of imprisonment of ten requirement that the offender a term of imprisonment of three con- consecutive days and may sentence attend, for three consecutive days, a secutive days and may sentence the the offender pursuant to division drivers’ intervention program that is offender pursuant to division (b) of (b) of Section 403.99 to a longer certified pursuant to Section 3793.10 Section 403.99 to a longer term of term of imprisonment. In addition, of the Revised Code; imprisonment. In addition, the court the court shall impose upon the 2. If the Court determines that the shall impose upon the offender a offender a fine of not less than offender is not conducive to treat- fine of not less than two hundred three hundred fifty dollars ($350.00) ment in the program, if the offend- fifty dollars ($250.00) nor more than nor more than one thousand five er refuses to attend the program, or one thousand dollars ($1,000). hundred dollars ($1,500). if the place of imprisonment can The court may suspend the exe- In addition to any other sentence provide a drivers’ intervention pro- cution of the mandatory three con- that it imposes upon the offender, gram, a term of imprisonment of at secutive days of imprisonment that the court may require the offender least six consecutive days. it is required to impose by this divi- to attend a drivers’ intervention pro- In addition, the court shall impose sion, if the court, in lieu of the sus- gram that is certified pursuant to upon the offender a fine of not less pended term of imprisonment, places RC 3793.10. If the officials of the dri- than two hundred fifty dollars the offender on probation and vers’ intervention program deter- ($250.00) and not more than one requires the offender to attend, for mine that the offender is alcohol thousand dollars. three consecutive days, a drivers’ dependent, they shall notify the The court may require the offend- intervention program that is certi- court, and the court shall order the er, as a condition of probation, to fied pursuant to RC 3793.10. The offender to obtain treatment attend and satisfactorily complete court also may suspend the execu- through an alcohol and drug addic- any treatment or education pro- tion of any part of the mandatory tion program authorized by RC grams that comply with the mini- three consecutive days of imprison- 3793.02. The cost of the treatment mum standards adopted pursuant to ment that it is required to impose shall be paid by the offender. Chapter 3793. Of the Revised Code by this division, if the court places C. Except as otherwise provided by the Director of Alcohol and Drug the offender on probation for part of in division D. of this section and Addiction Services, in addition to the three consecutive days; requires except as provided in this division, the required attendance at a drivers’ the offender to attend, for that part if, within six years of the offense, intervention program, that the oper- of the three consecutive days, a dri- the offender has been convicted of ators of the drivers’ intervention vers’ intervention program that is or pleaded guilty to two violations program determine that the offend- certified pursuant to RC 3793.10; and of division (a) or (b) of Section er should attend and report periodi- sentences the offender to a term of 433.01, RC 4511.19, a municipal ordi- cally to the court on the offender’s imprisonment equal to the remain- nance relating to operating a vehi- progress in the programs. The court der of the three consecutive days cle while under the influence of also may impose any other condi- that the offender does not spend alcohol, a drug of abuse, or alcohol tions of probation on the offender attending the drivers’ intervention and a drug of abuse, a municipal that it considers necessary. program. The court may require the ordinance relating to operating a E. Except as otherwise provided offender, as a condition of proba- vehicle with a prohibited concentra- in this division, if, within six years tion, to attend and satisfactorily tion of alcohol in the blood, breath, of the offense, the offender has been complete any treatment or education or urine, RC 2903.04 in a case in convicted of or pleaded guilty to one programs that comply with the min- which the offender was subject to violation of division (a) or (b) of imum standards adopted pursuant to the sanctions described in Division Section 433.01, division (A) or (B) of RC Chapter 3793, by the Director of (D) of that section, or RC 2903.06, Section 4511.19 of the Revised Code, 3188 December 27, 2000 The City Record 15 a municipal ordinance relating to offender a fine of not less than five (a)(2)A. of this section or place an operating a vehicle while under the hundred fifty dollars ($550.00) and offender who is sentenced pursuant influence of alcohol, a drug of not more than two thousand five to division (a)(2)A. or D. of this sec- abuse, or alcohol and a drug of hundred dollars ($2,500). tion in any treatment program in abuse, a municipal ordinance relat- In addition to any other sentence lieu of imprisonment until after the ing to operating a vehicle with a that it imposes upon the offender, offender has served the three con- prohibited concentration of alcohol the court shall require the offender secutive days of imprisonment in the blood, breath, or urine, RC to attend an alcohol and drug addic- required to be imposed pursuant to 2903.04 in a case in which the tion program authorized by section division (a)(2)A. or D. of this sec- offender was subject to the sanc- 3793.02 of the Revised Code. The tion. tions described in Division (D) of offender shall pay the cost of the J. No court shall sentence an that section, or RC 2903.06, 2903.07, treatment. If the court determines offender to an alcohol treatment pro- or 2903.08 or a municipal ordinance that the offender is unable to pay gram pursuant to division (a)(2)A. that is substantially similar to RC the cost of attendance at the treat- to F. of this section unless the treat- 2903.07 in a case in which the jury ment program, the court may order ment program complies with the or judge found that the offender that payment of the cost of the minimum standards adopted pur- was under the influence of alcohol, offender’s attendance at the treat- suant to RC Chapter 3793. by the a drug of abuse, or alcohol and a ment program be made from that Director of Alcohol and Drug Addic- drug of abuse, or a statute of the court’s indigent drivers alcohol tion Services. (RC 4511.99(A)). United States or of any other state treatment fund. K. As used in this section, “three or a municipal ordinance of a munic- G. A portion of each fine imposed consecutive days” means seventy- ipal corporation located in any other pursuant to divisions (a)(2)A., B., two consecutive hours. (RC 4511.991) state that is substantially similar to C., D., or E. of this section, shall be (3) Physical control. Whoever vio- division (A) or (B) of RC 4511.19, deposited into the indigent drivers lates division (b) of Section 433.01 except as provided in this division, alcohol treatment fund of the court, is guilty of a misdemeanor of the the court shall sentence the offend- created pursuant to division (N) of first degree. er to a term of imprisonment of RC 4511.191, the amount of which (4) Street racing. Whoever vio- twenty consecutive days and may shall be the same as that specified lates Section 433.07 is guilty of a sentence the offender pursuant to by Section 4511.99 of the Revised misdemeanor of the first degree. division (b) of Section 403.99 to a Code to be deposited in said fund for (5) Licensing drivers. Whoever longer term of imprisonment. In the substantively similar state violates any provision of Sections addition, the court shall impose offense. 435.01 to 435.07, inclusive, is guilty upon the offender a fine of not less H. Except as otherwise provided of a misdemeanor of the first than three hundred fifty dollars in this division, upon a showing that degree. ($350.00) and not more than one imprisonment would seriously affect (6) Accidents. Whoever violates thousand five hundred dollars the ability of an offender sentenced any provision of Sections 435.15 to ($1,500). pursuant to divisions (a)(2)A. to F. 435.17, inclusive, is guilty of a mis- In addition to any other sentence of this section to continue his demeanor of the first degree. that it imposes upon the offender, employment, the court may autho- (7) Willfully fleeing a police offi - the court may require the offender rize that the offender be granted cer. Whoever violates division (b) of to attend a drivers’ intervention pro- work release from imprisonment Section 403.02 is guilty of a misde- gram that is certified pursuant to after the offender has served the meanor of the first degree. section 3793.10 of the Revised Code. three, six, ten, twenty, thirty, or (8) Stopping for school buses. If the officials of the drivers’ inter- sixty consecutive days of imprison- Whoever violates division (a) of vention program determine that the ment that the court is required by Section 431.38 may be fined not more offender is alcohol dependent, they divisions (a)(2)A. to F. of this sec- than five hundred dollars ($500.00). shall notify the court, and the court tion to impose. No court shall autho- (9) Placing dangerous material on shall order the offender to obtain rize work release from imprison- streets. Whoever violates division treatment through an alcohol and ment during the three, six, ten, (e) of Section 411.01 is guilty of a drug addiction program authorized twenty, thirty, or sixty consecutive misdemeanor of the first degree. by section 3793.02 of the Revised days of imprisonment that the court (b) Penalties. Whoever is convict- Code. The offender shall pay the is required by divisions (a)(2)A. to ed of or pleads guilty to a violation cost of the treatment. F. of this section to impose. The of this Traffic Code shall be impris- F. Except as otherwise provided duration of the work release shall oned for a definite term or fined, or in this division, if, within six years not exceed the time necessary each both, which term of imprisonment of the offense, the offender has been day for the offender to commute to and fine shall be fixed by the court convicted of or pleaded guilty to and from the place of employment as provided in this section. two violations of division (a) or (b) and the place of imprisonment and of Section 433.01, division (A) or (B) the time actually spent under Misde- Maximum- Maximum of Section 4511.19 of the Revised employment. meanor Imprison- Fine Code, a municipal ordinance relat- I. Notwithstanding any section of Classifi- ment Term ing to operating a vehicle while the Revised Code or this Traffic cation under the influence of alcohol, a Code that authorizes suspension of drug of abuse, or alcohol and a drug the imposition or execution of a sen- 1st degree 6 months $1,000.00 of abuse, a municipal ordinance tence or the placement of an offend- 2nd degree 90 days 750.00 relating to operating a vehicle with er in any treatment program in lieu 3rd degree 60 days 500.00 a prohibited concentration of alcohol of imprisonment, no court shall sus- 4th degree 30 days 250.00 in the blood, breath, or urine, RC pend the ten, twenty, thirty, or sixty Minor None 100.00 2903.04 in a case in which the consecutive days of imprisonment (RC 2929.21) offender was subject to the sanc- required to be imposed by divisions tions described in Division (D) of (a)(2)B. to F. of this section or (c) License Suspension. that section, or RC 2903.06, 2903.07, place an offender who is sentenced (1) The trial judge of the Cleve- or 2903.08 or a municipal ordinance pursuant to division (a)(2)B. to F. land Municipal Court, in addition to that is substantially similar to RC of this section in any treatment pro- or independent of all other penalties 2903.07 in a case in which the jury gram in lieu of imprisonment until provided by law or ordinance, shall or judge found that the offender after the offender has served the suspend for not less than thirty days was under the influence of alcohol, ten, twenty, thirty, or sixty consec- nor more than three years or revoke a drug of abuse, or alcohol and a utive days of imprisonment required the driver’s or commercial driver’s drug of abuse, or a statute of the to be imposed pursuant to division license or permit or nonresident United States or of any other state (a)(2)B. to F. of this section. operating privileges of any person or a municipal ordinance of a munic- Notwithstanding any section of who is convicted of or pleads guilty ipal corporation located in any other the Revised Code or this Traffic to any of the following: state that is substantially similar to Code that authorizes the suspension A. Division (a) of Section 431.38; division (A) or (B) of RC 4511.19, of the imposition or execution of a B. Sections 435.01 to 435.07, inclu- except as provided in this division, sentence or the placement of an sive; the court shall sentence the offend- offender in any treatment program The trial judge, in addition to sus- er to a term of imprisonment of in lieu of imprisonment, no court, pensions or revocations of licenses, sixty consecutive days and may sen- except as specifically authorized by permits, or privileges pursuant to tence the offender pursuant to divi- division (a)(2)A. or D. of this sec- this division and in addition to or sion (b) of Section 403.99 to a longer tion, shall suspend the three con- independent of all other penalties term of imprisonment. In addition, secutive days of imprisonment provided by law or by ordinance, the court shall impose upon the required to be imposed by division shall impose a suspended jail sen- 3189 16 The City Record December 27, 2000 tence of not to exceed six months, per two hundred ten liters of the purpose of determining the alcohol, if that imprisonment was not person’s breath. drug, or alcohol and drug content of imposed for the offense for which (7) The person has a concentra- the blood, if in his opinion the phys- the person was convicted. tion of two hundred thirty-eight ical welfare of the person would be (2) The trial judge of the Cleve- thousandths of one gram by weight endangered by the withdrawing of land Municipal Court, in addition to of alcohol per 100 millileters of the blood. or independent of all other penalties person’s urine. RC 4511.19(A) Such bodily substance shall be provided by law or ordinance, shall This division shall not apply analyzed in accordance with meth- suspend or revoke the driver’s or whenever the conduct prohibited by ods approved by the Ohio Director commercial driver’s license or per- this division constitutes a felony of Health by an individual possess- mit or nonresident operating privi- under Section 4511.99 of the Revised ing a valid permit issued by the leges of any person who is convict- Code. Director of health pursuant to RC ed of or pleads guilty to a violation (b) Physical Control. No person 3701.143. of division (b) of Section 433.01. The shall be in actual physical control If there was at the time the bod- length of the suspension or revoca- of any vehicle within the City, if ily substance was withdrawn a con- tion imposed by the trial judge upon any of the following apply: centration of less than ten-hun- a person who is convicted or pleads (1) The person is under the influ- dredths of one percent (0.10%) by guilty to a violation of division (b) ence of alcohol, a drug of abuse, or weight of alcohol in the defendant’s of Section 433.01 shall be the same alcohol and a drug of abuse; blood, less than ten-hundredths as that imposed pursuant to division (2) The person has a concentra- (0.10) of one gram by weight of (B) of RC 4507.16 upon a person who tion of ten-hundredths of one per- alcohol per 210 liters of his breath is convicted of or pleads guilty to a cent (0.10%) or more by weight of or less than fourteen-hundredths violation of RC 4511.19, or a munic- alcohol in his blood; (0.14) of one gram by weight of ipal ordinance relating to operating (3) The person has a concentra- alcohol per 100 milliliters of his a vehicle while under the influence tion of ten-hundredths (0.10) of one urine, such fact may be considered of alcohol, a drug of abuse, or alco- gram or more by weight of alcohol with other competent evidence in hol and a drug of abuse, or a munic- per 210 liters of his breath; determining the guilt or innocence ipal ordinance relating to operating (4) The person has a concentra- of the defendant. This paragraph a vehicle with a prohibited concen- tion of fourteen-hundredths (0.14) does not limit or affect a criminal tration of alcohol in the blood, of one gram or more by weight of prosecution for a violation of divi- breath, or urine. alcohol per 100 milliliters of his sion (c) of this section relating to (3) The trial judge of the Cleve- u r i n e . operating a vehicle with a prohibit- land Municipal Court may, in addi- (c) Operation — Juveniles. No per- ed concentration of alcohol in the tion to or independent of all other son under twenty-one (21) years of blood, breath or urine. penalties provided by law, suspend age shall operate any vehicle with- Upon the request of the person the license of any person for not in the City, if any of the following who was tested, the results of the more than fifteen days who is con- apply: chemical test shall be made avail- victed of or pleads guilty to a vio- (1) The person has a concentra- able to him, his attorney or agent, lation of operating a motor vehicle tion of at least two-hundredths of immediately upon the completion of faster than five miles per hour in one percent (0.02%) but less than the chemical test analysis. excess of the prima-facie speed lim- ten-hundredths of one percent The person tested may have a its specified in Section 433.03 relat- (0.10%) by weight of alcohol in his physician, a registered nurse or a ing to passing a school building or blood. qualified technician or chemist of grounds or operating a motor vehi- (2) The person has a concentra- this own choosing administer a cle in a residential district. tion of at least two-hundredths chemical test or tests in addition to For any subsequent conviction of (0.02) of one gram but less than ten- any administered at the request of any such provision, the trial judge hundredths (0.10) of one gram by a police officer, and shall be so shall, in addition to or independent weight of alcohol per 210 liters of advised. The failure or inability to of all other penalties provided by his breath; obtain an additional chemical test law, suspend the license of any per- (3) The person has a concentra- by a person shall not preclude the son for not more than thirty days tion of at least twenty-eight one- admission of evidence relating to who is convicted of or pleads guilty thousandths (0.028) of one gram but the chemical test or tests taken at to any offense specified in this divi- less than fourteen-hundredths (0.14) the request of a police officer. sion. The first five days may not be of one gram by weight of alcohol Any physician, registered nurse o suspended by the Court. per one hundred milliliters of his qualified technician or chemist who urine. withdrawn blood from a person pur- Section 433.01 Driving or Physical (d) In any proceeding arising out suant to this section, and any hos- Control While Under the Influence: of one incident, a person may be pital, first-aid station or clinic at Evidence charged with a violation of division which blood is withdrawn from a (a) Operation. No person shall (a)(1) and a violation of division person pursuant to this section, is operate any vehicle within the City, (b)(1), (2), or (3) of this section, immune from criminal liability, and if any of the following apply: but he may not be convicted of more from civil liability that is based (1) The person is under the influ- than one violation of these divi- upon a claim of assault and battery ence of alcohol, a drug of abuse, or s i o n s . or based upon any other claim that alcohol and a drug of abuse; (e) Evidence; Tests; Immunity. is not in the nature of a claim of (2) The person has a concentra- In any criminal prosecution for a malpractice, for any act performed tion of ten-hundredths of one per- violation of this section, the court in withdrawing blood from a person. cent (0.10%) or more but less than may admit evidence on the concen- (RC 4511.19(B) to (D)). seventeen-hundreths of one per cent tration of alcohol, drugs of abuse, Section 2. That the following by weight of alcohol in the person’s or alcohol and drugs of abuse in the existing Sections of the Codified blood; defendant’s blood, breath, urine or Ordinances of Cleveland, Ohio, 1976: (3) The person has a concentra- other bodily substance at the time Section 403.99, as amended by tion of ten-hundredths (0.10) of one of the alleged violation as shown by Ordinance No. 268-A-99, passed gram or more but less than seven- chemical analysis of the defendant’s December 15, 1999, and teen-hundreths of one gram by blood, urine, breath other bodily Section 433.01, as amended by weight of alcohol per 210 liters of substance withdrawn within two Ordinance No. 91-96, passed March the person’s breath; hours of the time of the alleged vio- 18, 1996, (4) The person has a concentra- l a t i o n . are hereby repealed. tion of fourteen-hundredths (0.14) When a person submits to a blood Section 3. That this ordinance is of one gram or more but less than test at the request of a police offi- hereby declared to be an emergency two hundred thirty-eight thou- cer under RC 4511.191, only a physi- measure and, provided it receives sandths of one gram by weight of cian, a registered nurse or a quali- the affirmative vote of two-thirds of alcohol per 100 millileters of the fied technician or chemist shall all the members elected to Council, person’s urine. withdraw blood for the purpose of it shall take effect and be in force (5) The person has a concentra- determining its alcohol, drug, or immediately upon its passage and tion of seventeen-hundredths of one alcohol and drug content. This lim- approval by the Mayor, otherwise is per cent or more by weight of alco- itation does not apply to the taking shall take effect and be in force hol in the person’s blood. of breath or urine specimens. A from the after the earliest period (6) The person has a concentra- physician, a registered nurse or a allowed by law. tion of seventeen-hundredths of one qualified technician or chemist may Passed December 18, 2000. gram or more by weight of alcohol refuse to withdraw blood for the Effective December 27, 2000. 3190 December 27, 2000 The City Record 17

Ord. No. 1593-2000. (c) “Violations Clerk” means the (a) When any vehicle is left unat- By Councilmen Polensek, Lewis and Clerk of the Cleveland Municipal tended upon any street, alley or Patmon (by departmental request). Court. bridge and constitutes an unreason- An emergency ordinance to amend (d) “Parking Violations Bureau” able hazard or obstruction to the Sections 405.02, 459.01 and 459.11 of means the bureau established by the normal movement of traffic or the Codified Ordinances of Cleveland, Council of the City of Cleveland pur- unreasonably interferes with street Ohio, 1976, as amended by various suant to Section 4521.04 of the Revised cleaning or snow removal opera- ordinances, relating to the definition Code and Section 459.03 hereof. tions, or when any vehicle is left on of parking infraction and the penal- (e) “Law Enforcement Officer” any street or public property for ty for improper use of re s e r v e d has the same meaning as in Section more than seventy-two hours. handicapped parking spaces. 601.01(d) of the Codified Ordinances (b)(1) Upon complaint of any per- Whereas, this ordinance consti- of Cleveland, Ohio, 1976 and shall son adversely affected, when any tutes an emergency measure provid- also mean City employees whose motor vehicle, other than an aban- ing for the usual daily operation of duties include the issuance of park- doned junk motor vehicle as defined a municipal department; now, there- ing infraction tickets while engaged in RC 4513.63, has been left on pri- fore, in such duty. vate residential or agricultural prop- Be it ordained by the Council of (f) “Notification of Infraction” erty as defined in RC 4513.60 for the City of Cleveland: means the notice mailed to the owner more than four hours without the Section 1. That Section 459.01 of or operator of a vehicle involved in permission of the person having the the Codified Ordinances of Cleveland, a parking infraction pursuant to Sec- right to the possession of the prop- Ohio, 1976, as amended by Ordinance tion 4521.07 of the Revised Code and erty. (RC 4513.60(A)(1)) No. 1452-91, passed October 21, 1991, Section 459.06 hereof. (2) When any motor vehicle, other and Section 459.11 thereof, as amend- (g) “Rush Hour Parking Infrac- than an abandoned junk motor vehi- ed by Ordinance 1010-91, passed June tion” means a violation of division cle as defined in RC 4513.63, has 17, 1991 are hereby amended to read, (n) of Section 451.03 of the Codified been left on a public street or other respectively, as follows: Ordinances of Cleveland, Ohio, 1976, property open to the public for the occurring on the streets and road- purposes of vehicular travel, or upon Section 459.01 Definitions ways during the times specified in or within the right-of-way of any The following words and phrases, Rule Nos. 3, 3-A, 3-B, 4, and 4-A road or highway, for forty-eight when used in this Chapter of the adopted by the Director of Public hours or longer without notification Traffic Code, shall have the mean- Safety, as the same may be amend- to the Chief of Police of the reasons ings respectively ascribed to them ed from time to time. for leaving the motor vehicle in by this section. (h) “Court” or “Municipal Court” such place. (RC 4513.61) (a) “Parking Infraction” means a means the Cleveland Municipal (3) When any motor vehicle is an violation of the following sections Court, unless specifically identified abandoned junk motor vehicle as of the Codified Ordinances of Cleve- as another court, in which case it defined in RC 4513.63 and removal land, Ohio, 1976: means the specifically identified is authorized by that Section. (RC court. 4513.63) 203.08 Parking Waste Collection (4) When any junk motor vehicle Vehicles; Section 459.11 Parking Infraction as defined in RC 4513.65 has not 343.20 Service Station Parking Fines been either covered by being housed Restrictions; (a) The fine for committing a in a garage or other suitable struc- 451.03 Statutory Prohibited Stand- parking infraction, unless another ture, or removed from the property, ing or Parking Places; fine is established by divisions (b) within ten days of the date of 451.04 Manner of Parallel Park- or (c) of this section, is hereby receipt of a notice meeting the ing; established to be twenty dollars requirements of division (b) of Sec- 451.041 Physically Handicapped ($20.00), except that the fine for a tion 451.27 by the person having the Parking, division (h) only rush hour parking infraction shall right to possession of the property 451.05 Manner of Angle Parking; be thirty dollars ($30.00). on which the junk motor vehicle is 451.08 Narrow Roadways and Al- (b) The fine for violating each of left. leys; the following sections of the Codi- (c) When any vehicle has been 451.09 Hydrant Side of Street; fied Ordinances of Cleveland, Ohio, stolen or operated without the con- 451.10 Hazardous Traffic Obstruc- 1976, whether or not committed dur- sent of the owner. ti o n s ; ing rush hour, is hereby established (d) When any vehicle is parked 451.11 Hospital Grounds; to be fifty dollars ($50.00): on any street or other public prop- 451.12 City Property; 451.03 Statutory Prohibited Stand- erty and displays illegal plates or 451.13 Distance from Theaters; ing or Parking Places, division (e) fails to display the current lawfully 451.15 Fire Lanes on Public and only; required license plates. Private Property; 451.22 Between Sidewalk and Set- (e) When any vehicle has been 451.16 Street Cleaning; back Line; used in or connected with the com- 451.17 Snow Emergency; 451.23 Tree Lawn and Private mission of procuring, soliciting, 451.18 Bus Stops and Taxi Cab Driveway, division (a) only; prostitution, soliciting drug sales in Stands; 451.25 Abandoned Vehicles; and violation of Section 607.20, or any 451.19 Motor Carriers; 451.17 Snow Emergency. felony. 451.20 Truck Zones; (c) The fine for violating each of (f) When any vehicle has been 451.21 Trucks and Commercial the following sections of the Codi- damaged or wrecked so as to be Vehicles; fied Ordinances of Cleveland, Ohio, inoperable or violates equipment 451.22 Between Sidewalk and Set- 1976, whether or not committed dur- provisions of this Traffic Code, back Line; ing rush hour, is hereby established whereby its continued operation 451.23 Tree Lawn and Private to be one hundred dollars ($100.00): would constitute a condition haz- Driveway; 451.21 Trucks and Commercial ardous to life, limb or property. 451.24 Private Driveway or Pri- Vehicles, division (b) only; (g) When any vehicle is left unat- vate Property; 451.041 Physically Handicapped tended due to the removal of an ill, 451.25 Abandoned Vehicles; Parking, division (h) only. injured or arrested operator. 451.28 Reserved Street Parking Section 2. That Section 459.01 of (h) When any vehicle has been for U.S. Marshal; the Codified Ordinances of Cleve- operated by any person who failed 45 1 . 3 3 Valet Parking/Passenger land, Ohio, 1976, as amended by to stop in case of accident or colli- Drop off-Pick up Zones Established; Ordinance No. 1452-91, passed Octo- sion. Violations, divisions (e) and (f) only; ber 21, 1991, and existing Section (i) When any vehicle has been 453.01 Parking Regulations in 459.11 thereof, as amended by Ordi- operated by any person who is dri- Parking Meter Zones; nance 1010-91, passed June 17, 1991 ving without a lawful license or 453.02 Parking Violations; are hereby repealed. while his license has been suspend- 455.05 Parking Regulations; Section 3. That Section 405.02 of ed or revoked. 455.061 Reserved Parking Spaces the Codified Ordinances of Cleve- (j) When any vehicle is found at Willard Park Garage; land, Ohio, 1976, as amended by standing or parked in violation of 455.07 Violations, divisions (a), Ordinance No. 91-96, passed March the provisions of Section 451.04, (b), (c) and (d) only; 18, 1996, is hereby amended to read 451.05, 451.06, 451.11, 451.13, 453.01, 461.15 Prohibitions, division (a) as follows: 453.02, 455.05, 455.06 or 455.07 of these only; and Codified Ordinances and such vehi- 571.37 Parking Areas; Section 405.02 Impounding of Vehi- cle has four or more parking infrac- of said Codified Ordinances. cles tion judgments or previously issued (b) “Vehicles” has the same mean- Police officers are authorized to outstanding criminal citations or ing as in Section 4511.01 of the provide for the removal of a vehicle notices of violation of any of the pro- Revised Code. under the following circumstances: visions of the Traffic Code. 3191 18 The City Record December 27, 2000

(k) When any vehicle constitutes ty (130) feet south of the southerly (120) feet north of said northerly an unreasonable hazard to persons line of Throckley Avenue, S.E.; line of Harvard Avenue, S.E.; thence or property at the scene of a fire, thence westerly along said line easterly along said line which is accident, disaster, riot or emergency which is parallel to and approxi- parallel to and approximately one of any kind. mately one hundred thirty (130) feet hundred twenty (120) feet north of (l) When any vehicle is found south of said southerly line of said northerly line of Harvard standing or parked in violation of Throckley Avenue, S.E. to its inter- Avenue, S.E.; thence easterly along the provisions of Sections 451.03, section with a line located approxi- said line which is parallel to and 451.041, 451.08 through 451.10, 451.12, mately one hundred twenty five approximately one hundred twenty 451.15 through 451.25, division (e) or (125) feet east of said easterly line (120) feet north of said northerly division (f) of Section 451.33, or divi- of Lee Road, S.E.; thence southerly line of Harvard Avenue, S.E. and sion (a) of Section 461.15. along said line and along its along its easterly prolongation to its (m) When any vehicle is ordered southerly prolongation to its inter- intersection with a line located one immobilized pursuant to RC Chap- section with the southerly line of hundred twenty (120) feet east of ters 4503., 4507. or 4511. Sublot No. 456 in the Shaker Lee the easterly line of East 176 Street; (n) When any vehicle that is sub- Subdivision as recorded in Volume thence southerly along said line ject to an order of immobilization 98, Page 8 of the Cuyahoga County which is parallel to and one hundred and impoundment pursuant to RC Map Records; thence easterly along twenty (120) feet east of said east- 4503.233 is found being operated on said southerly line of said Sublot No. erly line of East 176 Street and any street or highway. 456 to its intersection with the east- along its southerly extension to said Section 4. That Section 405.02 of erly line of Sublot No. 457 in said center line of Harvard Avenue, S.E.; the Codified Ordinances of Cleve- Shaker Lee Subdivision; thence thence westerly along said center- land, Ohio, 1976, as amended by southerly along said easterly of said line of Harvard Avenue, S.E. to its Ordinance No. 91-96, passed March Sublot No. 457 and along its souther- intersection with the northerly 18, 1996, is hereby repealed. ly extension to the center line of extension of the center line of East Section 5. That this ordinance is Glendale Avenue, S.E.; thence con- 176 Street; thence southerly along hereby declared to be an emergency tinuing southerly along the norther- said northerly extension and along measure and, provided it receives ly extension of the easterly line of said center line of East 176 Street the affirmative vote of two-thirds of Sublot No. 548 in said Shaker Lee to its intersection with the easterly all the members elected to Council, Subdivision and along said easterly extension of a line located one hun- it shall take effect and be in force line of said Sublot No. 548 to its dred fifty (150) feet south of the immediately upon its passage and intersection with the southerly line southerly line of Harvard Avenue, approval by the Mayor, otherwise is thereof; thence westerly along said S.E.; thence westerly along said shall take effect and be in force southerly line of said Sublot No. 548 easterly extension and along said from the after the earliest period to its intersection with a line locat- line which is parallel to and one allowed by law. ed approximately one hundred twen- hundred fifty (150) feet south of Passed December 18, 2000. ty five (125) feet east of said east- said southerly line of Harvard Effective December 27, 2000. erly line of Lee Road, S.E.; thence Avenue, S.E. to its intersection with southerly along said line which is the easterly line of Sublot No. 33 in parallel to and approximately one the Kolar Hanus Subdivision as hundred twenty five (125) feet east recorded in Volume 104, Page 40 of of said easterly line of Lee Road, the Cuyahoga County Map Records; Ord. No. 1643-2000. S.E.; and along its southerly exten- thence southerly along said easterly By Councilman Jones. sion to the center line of Biltmore line of said Sublot No. 33 to its An ordinance establishing the Lee- Avenue, S.E.; thence southerly along intersection with the southerly line Harvard Business Revitalization said center line of Biltmore Avenue, thereof; thence westerly along said District (BRD). (Map Change No. S.E. to its intersection with the southerly line of said Sublot No. 33 2017, Sheet No. 10). northeasterly extension of the south- and along its westerly extension to Whereas, the Board of Trustees of easterly line of Sublot No. 640 in the center line of East 175 Street; Miles Ahead Development Corpora- said Shaker Lee Subdivision; thence thence northerly along said center tion and Amistad Development Cor- southwesterly along said northeast- line of East 175 Street to its inter- poration have submitted a written erly extension and along said south- section with the easterly extension request dated June 2, 2000 to the Plan- easterly line of said Sublot No. 640 of the northerly line of Sublot No. 4 ning Commission to establish a Busi- to its intersection with the souther- in said Kolar Hanus Subdivision; ness Revitalization District in accor- ly line thereof; thence westerly thence westerly along said easterly dance with the procedures outlined in along said southerly line of said extension and along said northerly Chapter 303 of the Codified Ordi- Sublot No. 640 to its intersection line of said Sublot No. 4 to its inter- nances of the City of Cleveland; and with the easterly line of Sublot No. section with the westerly line there- Whereas, such request is accompa- 660 in said Shaker Lee Subdivision; of; thence southerly along said west- nied by a map identifying the bound- thence southerly along said easterly erly line of said Sublot No. 4 and aries of the proposed district; and line of said Sublot No. 660 and along continuing southerly along the west- Whereas, the City Planning Com- its southerly extension to the center erly lines of Sublots Nos. 5, 6, 7, 8, mission has determined that the pro- line of Stockbridge Avenue, S.E.; 9, 10, 11, 12, 13, 14, 15, 16 and 17 in posed District meets the criteria for thence westerly along said center said Kolar Hanus Subdivision to its designation set forth in Section line of Stockbridge Avenue, S.E. to intersection with the northeasterly 303.04 of Chapter 303 of the Codified its intersection with the northerly line of Sublot No. 57 in the Adler Ordinances of the City of Cleveland, extension of a line located approxi- Subdivision as recorded in Volume Ohio 1976; therefore, mately one hundred twenty five 149, Page 10 of the Cuyahoga Coun- Be it ordained by the Council of (125) feet east of said easterly line ty Map Records; thence northwest- the City of Cleveland: of Lee Road, S.E.; thence southerly erly along said northeasterly line of Section 1. That the following, area, along said northerly extension and said Sublot No. 57 and continuing further defined and outlined on the along said line which is parallel to northwesterly along the northeast- map hereto attached, be and the same and approximately one hundred erly line of Sublot No. 69 in said is hereby designated the Lee-Harvard twenty five (125) feet east of east- Adler Subdivision and along its Business Revitalization District. erly line of Lee Road, S.E. and along northwesterly extension to the cen- Beginning at the intersection of its southerly prolongation to its ter line of East 173 Street; thence the westerly line of Sublot No. 1 in intersection with a line located continuing along the southeasterly the Registered Land Co. Subdivision approximately one hundred ten extension of the northeasterly line No. 1 as recorded in Volume 76, Page (110) feet north of the northerly line of Sublot No. 70 in said Adler Sub- 24 of the Cuyahoga County Map of Harvard Avenue, S.E.; thence division and along the northeaster- Records and the City of Cleveland easterly along said line which is ly lines of Sublots Nos. 77, 78, 84, 85, Boundary line; thence easterly along parallel to and approximately one 86, and 95 in said Adler Subdivision said City of Cleveland Boundary hundred ten (110) feet north of said and its westerly extension to the line to its intersection with a line northerly line of Harvard Avenue, center line of East 169 Street; thence located approximately one hundred S.E. to its intersection with a line continuing northwesterly along the thirty (130) feet east of the easter- located approximately one hundred southeasterly extension of the north- ly line of Lee Road, S.E.; thence twenty (120) feet west of the west- easterly line of Sublot No. 96 in said southerly along said line which is erly line of East 176 Street; thence Adler Subdivision and continuing parallel to and approximately one northerly along said line which is northwesterly along the northeast- hundred thirty (130) feet east of parallel to and approximately one erly lines of Sublots Nos. 96, 105, 106, said easterly line of Lee Road, S.E. hundred twenty (120) west of said 107 and 108 in said Adler Subdivi- and along its southerly prolongation westerly line of East 176 Street to sion to its intersection with the to its intersection with a line locat- its intersection with a line located westerly line thereof; thence ed approximately one hundred thir- approximately one hundred twenty southerly along said westerly line of 3192 December 27, 2000 The City Record 19

Sublot No. 108 and continuing East 167 Street to its intersection northerly along said easterly line of southerly along the westerly lines of with the westerly extension of a said Permanent Parcel No. 142-15-3 Sublots Nos. 109 and 110 in said line located approximately one hun- and along its northerly extension to Adler Subdivision and along its dred ninety five (195) feet south of the center line of Miles Road, S.E.; southerly extension to the center the southerly line of Deforest thence southeasterly along said cen- line of Judson Drive, S.E.; thence Avenue, S.E. at a point located four ter line of Miles Road, S.E. to the northwesterly along said center line hundred fifty five (455) feet east of center line of East 163 Street; thence of Judson Drive, S.E. to its inter- said easterly line of Lee Road, S.E.; northerly along said center line of section with the northerly extension thence southerly along said line East 163 Street to its intersection of the westerly line of Sublot No. 1 which is parallel to and four hun- with the northwesterly extension of in said Adler Subdivision; thence dred fifty five (455) feet east of said the center line of an unnamed southerly along said northerly easterly line of Lee Road, S.E. to its twelve (12) foot alley; thence south- extension and along said westerly intersection with the northerly line easterly along said northwesterly line of said Sublot No. 1 to its inter- of Permanent Parcel No. 143-5-8; and along said center line of said section with the northerly line of thence easterly along said northerly twelve (12) foot unnamed alley to Sublot No. 3 in the Cortland Heights line of said Permanent Parcel No. its intersection with the westerly (Jos. Laronge Co.) Subdivision as 143-5-8 to its intersection with the extension of the northerly line of recorded in Volume 106, Page 8 of southeasterly line thereof; thence Sublot No. 157 in the Sorrento Park the Cuyahoga County Map Records; southwesterly along said southeast- Subdivision as recorded in Volume thence westerly along said norther- erly line of said Permanent Parcel 15, Page 13 of the Cuyahoga Coun- ly line of said Sublot No. 3 and con- No. 143-5-8 and continuing south- ty Map Records; thence easterly tinuing westerly along the norther- westerly along the southeasterly along said westerly extension and ly line of Sublot No. 2 in said Cort- lines of Permanent Parcels Nos. 143- along said northerly line of said land Heights (Jos. Laronge Co.) 5-9, 143-5-10, 143-5-11 and 143-5-13 to Sublot No. 157 and along its easter- Subdivision to its intersection with its intersection with the westerly ly extension to the center line of the westerly line thereof; thence line of Sublot No. 257 in the Lee East 164 Street; thence southerly southerly along said westerly line of Miles Subdivision as recorded in Vol- along said center line of East 164 said Sublot No. 2 and along its ume 102, Page 22 of the Cuyahoga Street to its intersection with the southerly extension to the center County Map records; thence souther- northwesterly extension of said cen- line of Lotus Drive, S.E.; thence ly along said westerly line of said ter line of said twelve (12) foot westerly along said center line of Sublot No. 257 to its intersection unnamed alley; thence southeasterly Lotus Drive, S.E. to its intersection with the southwesterly line thereof; along said northwesterly extension with the northerly extension of the thence southeasterly along said and along said center line of said westerly line of Sublot No. 109 in southwesterly line of said Sublot No. twelve (12) foot unnamed alley to said Cortland Heights (Jos. Laronge 257 and along its southeasterly its intersection with a twelve (12) Co.) Subdivision; thence southerly extension to the center line of East foot unnamed alley; thence norther- along said northerly extension and 167 Street; thence southwesterly ly along said twelve (12) foot un- along said westerly line of said along said center line of East 167 named alley to its intersection with Sublot No. 109 to its intersection Street to its intersection with the the easterly extension of the with a line located one hundred northwesterly extension of the cen- southerly line of Sublot No. 152 in eighteen (118) feet north of the ter line of a twenty (20) foot said Sorrento Park Subdivision; northerly line of Holly Hill Drive, unnamed alley; thence southeasterly thence westerly along said easterly S.E.; thence easterly along said line along said northwesterly extension extension and along said southerly which is parallel and one hundred and along said center line of said line of said Sublot No. 152 and along eighteen (118) feet north of said unnamed alley crossing Wyatt its westerly extension to the center northerly line of Holly Hill Drive, Road, S.E. to its intersection with line of East 164 Street; thence S.E. to its intersection with a line the northeasterly extension of the northerly along said center line of located one hundred thirty (130) southeasterly line of Sublot No. 292 East 164 Street to its intersection feet east of the easterly line of Lee in said Lee Miles Subdivision; with the westerly extension of the Road, S.E.; thence southerly along thence southwesterly along said northerly line of Sublot No. 148 in said line which is parallel to and northeasterly extension and along said Sorrento Park Subdivision; one hundred thirty (130) feet east of said southeasterly line of said thence easterly along said westerly said easterly line of Lee Road, S.E. Sublot No. 292 and along its south- extension and along said northerly and along its southerly extension to westerly extension to the center line line of said Sublot No. 148 and along the center line of Holly Hill Drive, of Miles Avenue, S.E.; thence south- its easterly extension to said center S.E.; thence westerly along said cen- easterly along said center line of line of said twelve (12) foot ter line of Holly Hill Drive, S.E. to Miles Avenue, S.E. to its intersection unnamed alley; thence northerly its intersection with the northerly with the northeasterly extension of along said center line of said twelve extension of a line located six hun- the southeasterly line of Sublot No. (12) foot unnamed alley and along dred nine (609) feet west of the 38 in the SeaBoyne Non Recorded its northerly prolongation to its westerly line of East 169 Street; Allotment; thence southwesterly intersection with the easterly exten- thence southerly along said norther- along said northeasterly extension sion of the northerly line of Sublot ly extension and along said line and along said southeasterly line of No. 122 in said Sorrento Park Sub- which is parallel to and six hundred said Sublot No. 38 to its intersection division; thence westerly along said nine (609) feet west of said wester- with the southwesterly line thereof; easterly extension and along said ly line of East 169 Street to its thence northwesterly along said northerly line of said Sublot No. 122 intersection with the northerly line southwesterly line of said Sublot No. and along its westerly extension to of Permanent Parcel No. 143-17-36; 38 and continuing northwesterly said center line of East 164 Street; thence easterly along said northerly along the southwesterly lines of thence northerly along said center line of said Permanent Parcel No. Sublots Nos. 37, 36, 35, 34, 33, 32, 31, line of East 164 Street to its inter- 143-17-36 to its intersection with the 30, 29, 28, 27, 26, 25, 24, 23, 22, 21, 20, section with the westerly extension easterly line thereof; thence souther- 19, 18, 17, 16, 15, 14, 13, 12, 11, 10, 9, of the southerly line of Sublot No. ly along said easterly line of said and 1 in said Seabourne Non Record- 120 in said Sorrento Park Subdivi- Permanent Parcel No. 143-17-36 to its ed Allotment and along its north- sion; thence easterly along said intersection with a line located one westerly extension to the center line westerly extension and along said hundred (100) feet north of the of Lee Road, S.E.; thence southerly southerly line of said Sublot No. 120 northerly line of Deforest Avenue, along said center line of Lee Road, and along its easterly extension to S.E.; thence westerly along said line S.E. to its intersection with the the center line of a twelve (12) foot which is parallel to and one hundred southeasterly extension of the south- unnamed alley; thence northerly (100) feet north of said northerly westerly line of Permanent Parcel along said center line of said twelve line of Deforest Avenue, S.E. to its No. 142-15-7; thence northwesterly (12) foot unnamed alley to its inter- intersection with a line located two along said southeasterly extension section with the southerly line of hundred forty (240) feet east of said and along said southwesterly line of Sublot No. 599 in the Miles-Harvard easterly line of Lee Road, S.E.; said Permanent Parcel No. 142-15-7 Subdivision No. 5 as recorded in Vol- thence southerly along said line to its intersection with the westerly ume 88, Page 26 of the Cuyahoga which is parallel to and two hun- line thereof; thence northerly along County Map Records; thence easter- dred forty (240) feet east of said said westerly line of said Permanent ly along said southerly line of said easterly line of Lee Road, S.E. and Parcel No. 142-15-7 to its intersection Sublot No. 599 to its intersection along its southerly extension to the with the southwesterly line of Per- with the easterly line thereof; center line of Deforest Avenue, S.E.; manent Parcel No. 142-15-3; thence thence northerly along said easterly thence easterly along said center southeasterly along said southwest- line of said Sublot No. 599 and along line of Deforest Avenue, S.E. to the erly line of said Permanent Parcel its northerly extension to the center center line of East 167 Street; thence No. 142-15-3 to its intersection with line of South Lotus Drive, S.E.; southerly along said center line of the easterly line thereof; thence thence easterly along said center 3193 20 The City Record December 27, 2000 line of South Lotus Drive, S.E. to its and along its northerly extension to with the southerly extension of the intersection with the southerly the center line of Harvard Avenue, easterly line of Sublot No. 72 in said extension of the easterly line of S.E.; thence westerly along said cen- Lee-Harvard Subdivision; thence Sublot No. 606 in said Miles-Harvard ter line of Harvard Avenue, S.E. to northerly along said southerly ex- Park Subdivision No. 5; thence its intersection with the southerly tension and along said easterly line northerly along said southerly extension of the westerly line of of said Sublot No. 72 and continuing extension and along said easterly Sublot No. 1029 in the Shaker-Lee northerly along the easterly line of line of said Sublot No. 606 to its Subdivison No. 3 as recorded in Vol- Sublot No. 65 in said Lee-Harvard intersection with the northerly line ume 113, Page 10 of the Cuyahoga Subdivision and along its northerly thereof; thence westerly along said County Map Records; thence extension to the center line of Glen- northerly line of said Sublot No. 606 northerly along said southerly dale Avenue, S.E.; thence westerly to its intersection with the easterly extension and along said westerly along said center line of Glendale line of Sublot No. 696 in said Miles- line of said Sublot No. 1029 to its Avenue, S.E. to its intersection with Harvard Subdivision No. 5; thence intersection with the northerly line the southerly extension of the east- northerly along said easterly line of thereof; thence easterly along said erly line of Sublot No. 4 in said Lee- said Sublot No. 696 and along its northerly line of said Sublot No. 1029 Harvard Subdivision; thence norther- northerly extension to the center and continuing easterly along the ly along said southerly extension line of Lotus Drive, S.E.; thence northerly line of Sublot No. 1028 in and along said easterly line of said easterly along said center line of said Shaker-Lee Subdivision No. 3 to Sublot No. 4 to its intersection with Lotus Drive, S.E. to its intersection its intersection with the westerly the northerly line thereof; thence with the southerly extension of the line of Sublot No. 1021 in said Shak- westerly along said northerly line of easterly line of Sublot No. 700 in er Lee Subdivision No. 3; thence said Sublot No. 4 to its intersection said Miles-Harvard Park Subdivision northerly along said westerly line of to with the southerly line of Sublot No. 5; thence northerly along said said Sublot No. 1021 and along its No. 175 in the Villa Park Subdivision southerly extension and along said northerly extension to the center No. 1 as recorded in Volume 92, Page easterly line of said Sublot No. 700 line of Eldamere Avenue, S.E.; 6 of the Cuyahoga County Map to its intersection with the norther- thence southwesterly along said cen- Records; thence westerly along said ly line thereof; thence westerly ter line of Eldamere Avenue, S.E. to southerly line of said Sublot No. 175 along said northerly line of said its intersection with the southeast- to its intersection with the westerly Sublot No. 700 and continuing west- erly extension of the northeasterly line thereof; thence northerly along erly along the northerly line of line of Sublot No. 965 in said Shak- said westerly line of said Sublot No. Sublot No. 701 in said Miles-Harvard er-Lee Subdivision No. 3; thence 175 and along its northerly exten- Park Subdivision No. 5 to its inter- northwesterly along said southeast- sion to the center line of Talford section with the westerly line of erly extension and along said north- Avenue, S.E.; thence easterly along Sublot No. 270 in the Lee-Harvard easterly line of said Sublot No. 965 said center line of Talford Avenue, Square Re Subdivision (Helper-Hart to its intersection with the north- S.E. to its intersection with the Realty Co.) as recorded in Volume westerly line thereof; thence south- southerly extension of the easterly 94, Page 8 of the Cuyahoga County westerly along said northwesterly line of Sublot No. 107 in said Villa Map Records; thence northerly along line of said Sublot No. 965 to its Park Subdivision No. 1; thence said westerly line of said Sublot No. intersection with the northeasterly northerly along said southerly 270 and along its northerly exten- line of Sublot No. 957 in said Shak- extension and along said easterly sion to the center line of Judson er-Lee Subdivision No. 3; thence line of Sublot No. 107 and continu- Drive, S.E.; thence easterly along northwesterly along said northeast- ing northerly along the easterly line said center line of Judson Drive, erly line of said Sublot No. 957 and of Sublot No. 106 in said Villa Park S.E.. to its intersection with the along its northwesterly extension to Subdivision No. 1 and along its southerly extension of a line locat- the center line of Stockbridge northerly extension to the center ed one hundred thirty five (135) feet Avenue, S.E.; thence southwesterly line of Walden Avenue, S.E.; thence west of the westerly line of Lee along said center line of Stock- westerly along said center line of Road, S.E.; thence northerly along bridge Avenue, S.E. to its intersec- Walden Avenue, S.E. to its intersec- said southerly extension and along tion with the southeasterly exten- tion with the southerly extension of said line which is parallel to and sion of the southwesterly line of the easterly line of Sublot No. 10 in one hundred thirty five (135) feet Sublot No. 907 in said Shaker-Lee said Villa Park Subdivision No. 1; west of said westerly line of Lee Subdivision No. 3; thence northwest- thence northerly along said souther- Road, S.E. and along its northerly erly along said southeasterly exten- ly extension and along said easter- extension to the center line of West- sion and along said southwesterly ly line of said Sublot No. 10 and con- view Avenue, S.E.; thence westerly line of said Sublot No. 907 to its tinuing northerly along the easterly along said center line of Westview intersection with the northwesterly line of Sublot No. 179 in the Lee Avenue, S.E. to its intersection with line thereof; thence northeasterly Road Subdivision as recorded in Vol- the southerly extension of a line along said northwesterly line of ume 96, Page 6 of the Cuyahoga located one hundred seventy five said Sublot No. 907 and along its County Map Records and along its (175) feet west of said westerly line northeasterly extension to the cen- northerly extension to the center of Lee Road, S.E.; thence northerly ter line of Delrey Avenue, S.E.; line of Throckley Avenue, S.E.; along said southerly extension and thence southeasterly along said cen- thence easterly along said center along said line which is parallel to ter line of Delrey Avenue, S.E. to its line of Throckley Avenue, S.E. to its and one hundred seventy five (175) intersection with the southwesterly intersection with the southerly feet west of said westerly line of extension of the southeasterly line extension of the easterly line of Lee Road, S.E. and along its of Sublot No. 856 in said Shaker-Lee Sublot No. 101 in said Lee Road Sub- northerly extension to the center Subdivision No. 3; thence northeast- division; thence northerly along said line of Cloverside Avenue, S.E.; erly along said southwesterly exten- southerly extension and along said thence westerly along said center sion and along said southeasterly easterly line of said Sublot No. 101 line of Cloverside Avenue, S.E. to its line of said Sublot No. 856 to its and continuing northerly along the intersection with the southerly intersection with the easterly line easterly line of Sublot No. 92 in the extension of a line located two hun- thereof; thence northerly along said Registered Land Co. Subdivision No. dred (200) feet west of said wester- easterly line of said Sublot No. 856 1 as recorded in Volume 76, Page 24 ly line of Lee Road, S.E.; thence and continuing northerly along the of the Cuyahoga County Map northerly along said southerly easterly line of Sublot No. 857 in Records and long its northerly extension and along said line which said Shaker-Lee Subdivision No. 3 to extension to the center line of In- is parallel to and two hundred (200) its intersection with the northerly vermere Avenue, S.E.; thence west- feet west of said westerly line of line thereof; thence westerly along erly along said center line of Inver- Lee Road, S.E. to its intersection said northerly line of said Sublot No. mere Avenue, S.E. to its intersection with a line located one hundred 857 and continuing westerly along with the southerly extension of the fifty (150) feet south of the souther- the northerly line of Sublot No. 858 easterly line of Sublot No. 4 in said ly line of Harvard Avenue, S.E.; in Shaker-Lee Subdivision No. 3 to Registered Land Co. Subdivision No. thence westerly along said line its intersection with the westerly 1; thence northerly along said which is parallel to and one hundred line of Sublot No. 131 in the Lee-Har- southerly extension and along said fifty (150) feet south of said vard Subdivision as recorded in Vol- easterly line of said Sublot No. 4 to southerly line of Harvard Avenue, ume 88, Page 34 of the Cuyahoga the place of beginning. S.E. to its intersection with a line County Map Records; thence norther- Section 2. That the designation of located two hundred forty (240) feet ly along said westerly line of said the area set forth in Section 1 here- west of said westerly line of Lee Sublot No. 131 and along its norther- of as the Lee-Harvard Business Road, S.E.; thence northerly along ly extension to the center line of Revitalization District (BRD) and said line which is parallel to and Biltmore Avenue, S.E.; thence east- shall be noted on the Building Zone two hundred forty (240) feet west of erly along said center line of Bilt- Maps of the City of Cleveland and said westerly line of Lee Road, S.E. more Avenue, S.E. to its intersection on file in the office of the City Plan- 3194 December 27, 2000 The City Record 21 ning Commission by the appropriate by the recorded plat in Volume 5 of sultants for the purpose of supple- person designated for such purpose Maps, Page 5 of Cuyahoga County menting the regularly employed by the City Planning Commission. Records and being 33 feet front on staff of the several departments of Section 3. That this ordinance the Southwesterly side of Lester the City of Cleveland in order to pro- shall take effect and be in force Street, S.E., and extending back 111 vide professional services necessary from and after the earliest period feet 0-3/4" deep on the Southeaster- to design the public improvement of allowed by law. ly side, 111 feet 0-3/4" deep on the rehabilitating the Convention Center Passed December 18, 2000. Northwesterly side which is also the to comply with the Americans with Effective January 27, 2001. Southeasterly line of Finn Avenue, Disabilities Act requirements, for S.E., be the same more or less, but the Division of Convention Center subject to all legal highways. and Stadium, Department of Parks, Section 3. That all documents nec- Recreation and Properties. Ord. No. 1761-A-2000 (As a substi- essary to complete the conveyance The selection of said consultants tute for Ord. No. 1761-2000). authorized by this ordinance shall for such services shall be made by By Councilmen Cimperman, Mele- be executed within six (6) months the Board of Control upon the nom- na and Patmon (by departmental of the effective date of this ordi- ination of the Director of Parks, request). nance. If all of the documents are Recreation and Properties from a An emergency ordinance authoriz- not executed within six (6) months list of qualified consultants avail- ing the sale of real property as part of the effective date of this ordi- able for such employment as may be of the Land Reutilization Program nance, or such additional time as determined after a full and complete and located at 4618, 4700 Lester may be granted by the Director of canvass by the Director of Parks, Avenue to Slavic Village De v e l o p - Community Development, this ordi- Recreation and Properties for the ment Corporation or designee. nance shall be repealed and shall be purpose of compiling such a list. Whereas, the City of Cleveland of no further force or effect. The compensation to be paid for has elected to adopt and implement Section 4. That the consideration such services shall not exceed the procedures under Chapter 5722 for the subject parcel shall be estab- $50,000.00 and shall be fixed by the of the Ohio Revised Code to facili- lished by the Board of Control and Board of Control. The contract here- tate reutilization of nonproductive shall be not less than Fair Market in authorized shall be prepared by lands situated within the City of Value taking into account such the Director of Law, approved by Cleveland; and terms and conditions, restrictions the Director of Parks, Recreation Whereas, real property acquired and covenants as are deemed nec- and Properties, and certified by the under the City’s Land Reutilization essary or appropriate. Director of Finance. Program is acquired, held, adminis- Section 5. That the conveyance Section 2. That, provided the City tered and disposed of by the City of authorized hereby shall be made by of Cleveland sells the general oblig- Cleveland through its Department of official deed prepared by the Direc- ation bonds of the City of Cleveland Community Development under the tor of Law and executed by the authorized by Ordinance No. 897- terms of Chapter 5722 of the Ohio Mayor on behalf of the City of 2000, passed June 19, 2000, the Direc- Revised Code and Section 183.021 of Cleveland. The deed shall contain tor of Parks, Recreation and Prop- Codified Ordinances of the City of such provisions as may be necessary erties is hereby authorized to make Cleveland, 1976; and to protect and benefit the public a written contract, in an amount not Whereas, this ordinance constitutes interest including such restrictive to exceed $20,000.00, in accordance an emergency measure providing for covenants and reversionary inter- with the Charter and the Codified the usual daily operation of a munic- ests as may be specified by the Ordinances of Cleveland, Ohio, 1976, ipal department; now, therefore, Board of Control, the Director of for each or all of the following Be it ordained by the Council of Community Development or the items: labor and materials necessary the City of Cleveland: Director of Law. to install a moveable wall, to be pur- Section 1. That pursuant to Sec- Section 6. That this ordinance is chased by the Commissioner of Pur- tion 183.021 of the Codified Ordi- hereby declared to be an emergency chases and Supplies for a gross nances of Cleveland, Ohio, 1976, the measure and, provided it receives price for the Division of Convention Commissioner of Purchases and Sup- the affirmative vote of two-thirds of Center and Stadium, Department of plies is hereby authorized to sell all the members elected to Council, Parks, Recreation and Properties. Permanent Parcel No(s). 123-20-095 it shall take effect and be in force Section 3. That the cost of said and 123-21-031, as more fully immediately upon its passage and professional services and purchases described in Section 2 below, to Slav- approval by the Mayor; otherwise it hereby authorized shall be paid ic Village Development Corporation shall take effect and be in force from the fund or funds to which are or designee. from and after the earliest period credited the proceeds of the sale of Section 2. That the real property allowed by law. general obligation bonds of the City to be sold pursuant to Section 1 of Passed December 18, 2000. of Cleveland issued for this purpose this Ordinance is more fully Effective December 27, 2000. and authorized by Ordinance No. described as follows: 897-2000, passed June 19, 2000, Request No. 5075. P. P. No. 123-20-095 Section 4. That the agreement for Situated in the City of Cleveland, Ord. No. 1762-2000. professional design services autho- County of Cuyahoga and State of By Councilmen Cimperman, Ryb- rized herein shall provide for review Ohio, and known as being the ka and Patmon (by departmental by the City Planning Commission. Northwesterly 39 feet 8 inches of request). Section 5. That this ordinance is Sublot No. 15 and the Southeasterly An emergency ordinance authoriz- hereby declared to be an emergency 5 feet of Sublot No. 16 in Jabesh ing the Director of Parks, Recre- measure and, provided it receives Gallup’s Subdivision of part of Orig- ation and Properties to employ one the affirmative vote of two-thirds of inal One Hundred Acre Lot No. 282, or more professional consultants to all the members elected to Council, as shown by the recorded plat in Vol- design the improvement of re- it shall take effect and be in force ume 4 of Maps, Page 52 of Cuyahoga habilitating the Convention Center immediately upon its passage and County Records, and together form- to comply with the Americans with approval by the Mayor; otherwise it ing a parcel of land 44 feet 8 inches Disabilities Act requirements and shall take effect and be in force front on the Southwesterly side of authorizing the purchase by con- from and after the earliest period Lester Avenue, S.E., 120 feet deep on tract of labor and materials neces- allowed by law. the Southeasterly line, which is also sary to install a moveable wall. Passed December 18, 2000. the Northwesterly line of Finn Whereas, this ordinance consti- Effective December 27, 2000. Avenue, S.E., 120 feet on the North- tutes an emergency measure provid- westerly line and 44 feet 8 inches ing for the usual daily operation of wide in the rear, as appears by said a municipal department; now, there- plat, be the same more or less, but fore, Ord. No. 1763-2000. subject to all legal highways. Be it ordained by the Council of By Councilman Brady. Also subject to all zoning ordi- the City of Cleveland: An ordinance to change the Use, nances, if any Section 1. That, provided the City Area and Height Districts on both of Cleveland sells the general oblig- sides of Lorain Avenue, N.W. be- P. P. No. 123-21-031 ation bonds of the City of Cleveland tween W. 119 Street and W. 115 Situated in the City of Cleveland, authorized by Ordinance No. 897- Street and both sides of West 117 County of Cuyahoga and State of 2000, passed June 19, 2000, the Direc- Street between Triskett Road, N.W. Ohio, and known as being Sublot No. tor of Parks, Recreation and Prop- and Governor Avenue, S.W. (Map 11 in Cannon and Fowler’s Subdivi- erties is hereby authorized to Change No. 2020, Sheet Nos. 2 & 12) sion of part of Original One Hundred employ by contract one or more con- Be it ordained by the Council of Acre Lots Nos. 324 and 282, as shown sultants or one or more firms of con- the City of Cleveland: 3195 22 The City Record December 27, 2000

Section 1. That the Use, Area, and in the Lorain Heights No. 2 (Conger- ham Heights Re-Subdivision and Height Districts of lands bounded Helper Realty Co.) as recorded in along its southerly extension to the and described as follows, Volume 57, Sheet No 22 of the Cuya- center line of Florian Avenue, S.W.; Beginning at the intersection of hoga County Map Records; thence thence westerly along said center the center line of Governor Avenue, easterly along said southerly line of line of Florian Avenue, S.W. to its S.W. and the center line of West 117 said Sublot No. 638 and along its intersection with the northerly ex- Street; thence northerly along said easterly extension to the center line tension of the westerly line of Sub- center line of West 117 Street to its of West 116 Street; thence northerly lot No. 128 in said Dunham Heights intersection with the easterly exten- along said center line of West 116 Re-Subdivision; thence southerly sion of the northerly line of Sublot Street to its intersection with the along said northerly extension and No. 3 in the Crawford Land Compa- westerly extension of the southerly along said westerly line of said ny No. 1 Subdivision as recorded in line of Sublot No. 631 in said Lorain Sublot No. 128 and continuing south- Volume 60, Page 8 of the Cuyahoga Heights No. 2 (Couger-Helper Real- erly along the westerly line of County Map Records; thence wester- ty Co.) Subdivision; thence easterly Sublot No. 135 in said Dunham ly along said easterly extension and along said westerly extension and Heights Re-Subdivision and along along said northerly line of said along said southerly line of said its southerly extension to the center Sublot No. 3 to its intersection with Sublot No. 631 to its intersection line of Governor Avenue, S.W.; the westerly line thereof; thence with the easterly line thereof; thence westerly along said center southerly along said westerly line of thence northerly along said easterly line of Governor Avenue, S.W. to the said Sublot No. 3 to its intersection line of said Sublot No. 631 to its place of beginning, with the northerly line of Subot No. intersection with the southerly line and as outlined in red on the map 4 in said Crawford Land Company of Sublot No. 498 in said Lorain hereto attached be and the same are No. 1 Subdivision; thence westerly Heights No. 2 (Conger-Helper Real- hereby changed to a Local Retail along said northerly line of said ty Co.) Subdivision; thence easterly Use District, a ‘C’ Area District and Sublot No. 4 and continuing west- along said southerly line of said a ‘1’ Height District. erly along the northerly line of Sublot No. 498 and along its easter- Section 2. That said changed des- Sublot No. 93 in said Crawford Land ly extension to the center line of ignation of lands described in Sec- Company No. 1 Subdivision and West 115 Street; thence southerly tion 1 shall be identified as Map along its westerly extension to the along said center line of West 115 Change No. 2020, Sheet Nos. 2 & 12 center line of West 118 Street; Street to the center line of Lorain and shall be made upon the Build- thence southerly along said center Avenue; thence southwesterly along ing Zone Maps of the City of Cleve- line of West 118 Street to its inter- said center line of Lorain Avenue to land on file in the office of the section with the easterly extension the center line of Bosworth Road, Clerk of Council and on file in the of the northerly line of Sublot No. S.W.; thence southeasterly along office of the City Planning Com- 101 in said Crawford Land Company said center line of Bosworth Road, mission by the appropriate person No. 1 Subdivision; thence westerly S.W. to its intersection with the designated for such purpose by the along said easterly extension and easterly extension of a line located City Planning Commission. along said northerly line of said approximately two hundred thirty Section 3. That the Use, Area and Sublot No. 101 and continuing west- (230) feet north of the northerly line Height Districts of lands bounded erly along the northerly line of of Fidelity Avenue, S.W.; thence and described as follows, Sublot No. 188 in said Crawford westerly along said easterly exten- Beginning at the intersection of Land Company No. 1 Subdivision sion and along said line which is the center line of West 117 Street and along its westerly extension to parallel to and approximately two and the center line of Governor the center line of West 119th Street; hundred thirty (230) feet north of Avenue, S.W.; thence westerly along thence northerly along said center said northerly line of Fidelity said center line of Governor Avenue, line of West 119th Street to the cen- Avenue, S.W. to its intersection with S.W. to its intersection with the ter line of Lorain Avenue; thence the easterly line of Sublot No. 9 in southerly extension of a line locat- northeasterly along said center line the Lorain Street & Denison Avenue ed one hundred five (105) feet west of Lorain Avenue to the center line Land Co. Subdivision as recorded in of the westerly line of West 117 of West 119 Street; thence north- Volume 31, Page 3 of the Cuyahoga Street; thence northerly along said westerly along said center line of County Map Records; thence southerly extension and along said West 119 Street to its intersection southerly along said easterly line of line which is parallel to and one with the southwesterly extension of said Sublot No. 9 to its intersection hundred five (105) feet west of said a line located one hundred forty with a line located one hundred thir- westerly line of West 117 Street to (140) feet northwest of the north- ty (130) feet north of said norther- its intersection with the northerly westerly line of Lorain Avenue; ly line of Fidelity Avenue, S.W.; line of Sublot No. 4 in said Crawford thence northeasterly along said thence westerly along said line Land Company No. 1 Subdivision; southwesterly extension and along which is parallel to and one hundred thence easterly along said northerly said line which is parallel to and thirty (130) feet north of said line of said Sublot No. 4 to its inter- one hundred forty (140) feet north- northerly line of Fidelity Avenue, section with said westerly line of west of said northwesterly line of S.W. to its intersection with the said Sublot No. 3 in said Crawford Lorain Avenue and along its north- westerly line of Subot No. 12 in the Land Company Subdivision; thence easterly extension to said center Dunham Heights Re-Subdivision as northerly along said westerly line of line of West 118 Street; thence recorded in Volume 47, Page 26 of said Sublot No. 3 to its intersection northerly along said center line of the Cuyahoga County Map Records; with the northerly line thereof; West 118 Street to the center line of thence southerly along said wester- thence easterly along said northerly Geraldine Avenue, N.W.; thence east- ly line of said Sublot No. 12 and line of said Sublot No. 3 and along erly along said center line of Geral- along its southerly extension to the its easterly extension to the center dine Avenue, N.W. to its intersection center line of Fidelity Avenue, S.W.; line of West 117 Street; thence with the southerly extension of a thence westerly along said center southerly along said center line of line located approximately one hun- line of Fidelity Avenue, S.W. to its West 117 Street to the place of dred fifty four (154) feet west of the intersection with the northerly beginning, westerly line of West 117 Street; extension of the westerly line of and as outlined in green on the map thence northerly along said Sublot No. 30 in said Dunham hereto attached be and the same are southerly extension and along said Heights Re-Subdivision; thence hereby changed to a Two Family line which is parallel to and approx- southerly along said northerly Use District, a ‘B’ Area District and imately one hundred fifty four (154) extension and along said westerly a ‘1’ Height District. feet west of said westerly line of line of said Sublot No 30 and con- Section 4. That said changed des- West 117 Street and along its tinuing southerly along the wester- ignation of lands described in Sec- northerly extension to the center ly line of Sublot No. 38 in said Dun- tion 3 shall be identified as Map line of Triskett Road, N.W.; thence ham Heights Re-Subdivision and Change No. 2020, Sheet Nos. 2 & 12 easterly along said center line of along its southerly extension to the and shall be made upon the Build- Triskett Road, N.W. to its intersec- center line of Headley Avenue, ing Zone Maps of the City of Cleve- tion with the northerly extension of S.W.; thence westerly along said land on file in the office of the a line located approximately one center line of Headley Avenue, S.W. Clerk of Council and on file in the hundred forty (140) feet west of the to its intersection with the norther- office of the City Planning Com- westerly line of West 116 Street; ly extension of the westerly line of mission by the appropriate person thence southerly along said norther- Sublot No. 75 in said Dunham designated for such purpose. ly extension and along said line Heights Re-Subdivision; thence Section 5. That this ordinance which is parallel to and approxi- southerly along said northerly shall take effect and be in force mately one hundred forty (140) feet extension and along said westely from and after the earliest period west of said westerly line of West line of said Sublot No. 75 and con- allowed by law. 116 Street to its intersection with tinuing southerly along the wester- Passed December 18, 2000. the southerly line of Sublot No. 638 ly line of Sublot No. 83 in said Dun- Effective January 27, 2001. 3196 December 27, 2000 The City Record 23

Ord. No. 1801-2000. By Councilman Jackson (by request). An emergency ordinance authorizing the Director of Public Service to issue a permit to Dunham Tavern Museum to encroach into the right-of-way of Chester Avenue with the two remaining of the four requested double sided banners to be attached to utility poles on Euclid and Chester Avenues (by separate permission) to celebrate and identify the Museum’s 175 years in existence. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Service hereby is authorized to issue a permit, revocable at the will of Council, and assignable by the Permittee with the written consent of the Director of Public Service to Dunham Tavern Museum, 6709 Euclid Avenue, Cleveland, Ohio 44103, its successors and assigns, for the construction, use and maintenance of two (2) remaining double sided banners of the four (4) banners requested to be to be attached to Cleveland Electric Illuminating Company utility poles on Chester Avenue (by separate permission) to celebrate the Museum’s 175 years in existence and identifying their location, and which banners will encroach into the pub- lic right-of-way of Chester Avenue at the location more fully described as follows:

LOCATION: POLE NUMBER: POLE OWNER:

Chester Avenue (behind 6709 Euclid Ave.) CEI, 49-40-4 C.E.I.

Chester Avenue (behind 6709 Euclid Ave.) CEI, 49-50-3 C.E.I.

Section 2. That said banners will be placed within the public right-of-way as aforesaid in Section 1, and will be constructed in accordance with plans and specifications approved by the Commissioner of Engineering and Construc- tion. That all other required permits, including a building Permit, shall be obtained before said banners are installed. Section 3. That nothing in this ordinance grants or shall be considered to grant to Permittee any right, privi- lege or permission to use or to attach or affix any object to poles described in Section 1 of this ordinance. Section 4. That this permit herein authorized shall be prepared by the Director of Law and shall be issued only when in the opinion of the Director of Law, the City of Cleveland has been properly indemnified against any and all loss which may result from said permit. Section 5. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law. Passed December 18, 2000. Effective December 27, 2000.

Ord. No. 1802-2000. be fined not more than one hundred Section 3. That this ordinance is By Mayor White and Councilman dollars ($100.00). The existence of a hereby declared to be an emergency Polensek. single post, pole or other structure measure and provided it receives An emergency ordinance to amend in the streets or sidewalks contrary the affirmative vote of two-thirds of Section 503.99 of the Codified Ordi- to the provisions of Section 503.03 all the members elected to Council, nances of Cleveland, Ohio, 1976, as constitutes a separate offense. it shall take effect and be in force amended by Ordinance No. 519-91, Each day that such post, pole or immediately upon its passage and passed March 11, 1991, relating to other structure is allowed to exist approval by the Mayor; otherwise, it penalty regarding street and side- in the streets or sidewalks contrary shall take effect and be in force walk areas. to the provisions of Section 503.03 from and after the earliest period Whereas, this ordinance constitutes constitutes a separate offense. allowed by law. an emergency measure providing for (c) Whoever violates any provi- Passed December 18, 2000. the usual daily operation of a munic- sion of Sections 503.05 to 503.07 shall Effective December 27, 2000. ipal department; now, therefore be fined not less than one hundred Be it ordained by the Council of dollars ($100.00) not more than five the City of Cleveland: hundred dollars ($500.00), and Section 1. That Section 503.99 of the imprisoned for not more than sixty Ord. No. 1810-2000. Codified Ordinances of Cleveland, (60) days, or both. A separate By Councilmen Jones, Melena, Ohio, 1976, as amended by Ordinance offense shall be deemed committed Cimperman and Patmon (by depart- No. 519-91, passed March 11, 1991, is each day during or on which an mental request). hereby amended to read as follows: offense occurs or continues. An emergency ordinance autho- (d) Whoever violates Section rizing the Director of Economic 503.09 shall be fined not more than Section 503.99 Penalty Development to enter into an Enter- twenty-five dollars ($25.00). (a) Whoever makes any opening prise Zone Agreement with Trio (e) Every day a gas company Diversified Company to provide for or removes the pavement in any neglects or fails to comply with the a ten year abatement for certain street, alley, avenue or public notice provided for in Section 503.11, tangible personal property and real grounds of the City without having it shall be fined ten dollars ($10.00). estate taxes as an incentive to first obtained a permit from the (f) Whoever violates Section improve its facility with the reno- Director of Public Service and 503.12 shall be fined not less than vation and construction of real prop- deposited with him the estimated one hundred dollars ($100.00) nor erty and the acquisition of personal cost of repairing the work, as pro- more than five hundred dollars property located at 4465 Johnston vided in this chapter, shall be guilty ($500.00) for the first offense. A sub- Parkway, located in the Cleveland of a misdemeanor of the first sequent offense by the same party Area Enterprise Zone. degree. Each opening made without in the same area of responsibility Whereas, pursuant to Ordinance such permit shall constitute a sepa- shall be fined not less than two hun- No. 948-95, passed June 19, 1995, this rate offense; provided that any per- dred dollars ($200.00) nor more than Council designated an area which is son who, because of an emergency, one thousand dollars ($1,000.00). in the City of Cleveland and makes such an opening or removes Any further offense by the same described in File No. 948-95-A, as the such pavement outside of the hours party in the same area of responsi- Cleveland Area Enterprise Zone during which the Division of Streets bility shall result in imprisonment (the “Zone”) pursuant to Chapter is open for business shall have until for not less than three nor more 5709 of the Ohio Revised Code; and the close of business on the next than ten days. Whereas, in August, 1995, the business day to obtain a permit and Section 2. That Section 503.99 of Director of Development of the State deposit the estimated cost of repair- the Codified Ordinances of Cleve- of Ohio determined that the Zone ing the work. land, Ohio, 1976, as amended by contains the characteristics set (b) Every person, firm or corpo- Ordinance No. 519-91, passed March forth in Section 5709.61(A) of the ration violating Section 503.03 shall 11, 1991, is hereby repealed. Revised Code and certified said 3197 24 The City Record December 27, 2000 area as an “Urban Jobs and Enter- shall take effect and be in force amount determined by the Director. prise Zone” pursuant to Chapter 5709 immediately upon its passage and Each bond submitted to secure the of the Revised Code; and approval by the Mayor; otherwise, it contract or contracts authorized by Whereas, Trio Diversified Compa- shall take effect and be in force this ordinance shall be executed by ny (the “Enterprise”) has proposed from and after the earliest period a surety authorized to do business to improve its facility with the ren- allowed by law. in the State of Ohio and shall be ovation and construction of real Passed December 18, 2000. acceptable to the Director of Law. property and the acquisition of per- Effective December 27, 2000. Section 3. That the cost of such sonal property located at 4465 John- contract or contracts authorized ston Parkway, located in the Cleve- hereby shall be charged against the land Area Enterprise Zone; and proper appropriation account and Whereas, the Enterprise has cer- Ord. No. 1868-2000. the Director of Finance shall certi- tified to the City that, but for abate- By Councilmen Cintron and Pat- fy thereon the amount of the initial ment of personal property and real mon (by departmental request). purchase thereunder, which pur- estate taxes the Enterprise would be An emergency ordinance authoriz- chase, together with all subsequent at a competitive disadvantage by ing the purchase by requirement purchases, shall be made on order of operating at this location; and contract or contracts of solid waste the Commissioner of Purchases and Whereas, this ordinance consti- disposal services, for the Division of Supplies pursuant to a requisition tutes an emergency measure in that Waste Collection and Disposal, against such contract duly certified the same provides for the immediate Department of Public Service. by the Director of Finance. (RL preservation of the public peace, Whereas, this ordinance consti- 21179) safety, property, and welfare and tutes an emergency measure provid- Section 4. That this ordinance is for the further reason that its enact- ing for the usual daily operation of hereby declared to be an emergency ment is a necessary prerequisite to a municipal department; now, there- measure and, provided it receives providing immediate assistance to fore, the affirmative vote of two-thirds of create and preserve job opportuni- Be it ordained by the Council of all the members elected to Council, ties and advance and promote com- the City of Cleveland: it shall take effect and be in force mercial and economic development Section 1. That the Director of immediately upon its passage and in the City of Cleveland, such assis- Public Service is hereby authorized approval by the Mayor; otherwise it tance being immediately necessary to make a written requirement con- shall take effect and be in force or such jobs will be lost; now, there- tract or contracts in accordance from and after the earliest period fore, with the Charter and the Codified allowed by law. Be it ordained by the Council of Ordinances of Cleveland, Ohio, 1976, the City of Cleveland: for the requirements of the neces- BID GUARANTY AND Section 1. That this Council here- sary solid waste disposal services, CONTRACT BOND by approves the application of the including but not limited to bulk Enterprise for enterprise zone incen- waste disposal, processing of recy- KNOW ALL MEN BY THESE tives on the basis that the Enter- clables and tire disposal, and the PRESENTS, that we the ______prise is qualified by financial provision, as the Board of Control ______responsibility and business experi- shall determine, of the necessary ______ence to create and preserve employ- landfill, transfer station and/or ______ment opportunities in the Cleveland material recovery facility require- (Name and Address) Area Enterprise Zone and to ments, in the approximate amount improve the economic climate of the for each year of the term as pur- as Principal and ______City of Cleveland. chased during the preceding year, to (Name of Surety) Section 2. That the Director of be purchased by the Commissioner Economic Development is autho- of Purchases and Supplies upon a as Surety are hereby held and firm- rized to enter into an Enterprise unit basis for the Division of Waste ly bound unto the City of Cleveland, Zone Agreement with the Enterprise Collection and Disposal, Department hereinafter called the Obligee, in the to provide for a ten (10) year abate- of Public Service. The contract or penal sum hereinafter stated, per- ment for certain tangible personal contracts hereby authorized shall taining to the bid submitted by the property and real estate taxes as an have an initial term of two years. Principal to the Obligee on incentive to improve its facility with The City shall have two one-year ______(date) to the renovation and construction of options, exercisable by the Director undertake the project known ______real property and the acquisition of of Public Service, to renew and ______personal property located at 4465 extend the term. Bids shall be taken ______. Johnston Parkway, located in the in such manner as to permit an Cleveland Area Enterprise Zone; award to be made for all items of The penal sum referred to herein said abatement shall be subject to services as a single contract, or by shall be ______annual review of the Tax Incentive separate contracts for each or any ______Review Council. combination of said items as the ______Section 3. That the terms of said Board of Control shall determine. ______. For tax abatement shall be in accor- Bids shall also be taken so as to the payment of the penal sum well dance with the terms as set forth in permit an award to be made for pro- and truly to be made, we hereby the Executive Summary contained vision of such services citywide or jointly and severally bind ourselves, in File No. 1810-2000-A. The terms of by separate contracts for the dis- our heirs, executors, administrators, said file notwithstanding, the terms tricts determined by the Director of successors, and assigns. of the tax abatement shall not be Public Service. Alternate bids for a THE CONDITION OF THE amended, nor shall the tax abate- period less than the initial term may ABOVE OBLIGATION IS SUCH, that ment be assignable or transferrable be taken if deemed desirable by the whereas the above named Principal to any entity, without the prior leg- Commissioner of Purchases and Sup- has submitted a bid on the above islative authorization by Cleveland plies until provision is made for the referred project; City Council. requirements for the entire period. NOW, THEREFORE, if the Oblig- Section 4. That the Director of Section 2. That notwithstanding ee accepts the bid of the Principal Economic Development is hereby any provision of the Codified Ordi- and the Principal fails to enter into authorized to charge and accept fees nances of Cleveland, Ohio, 1976, to a proper contract in accordance with in an amount not to exceed the max- the contrary, the Director of Public the bid, plans, details, specifications, imum allowable under Chapter 5709 Service may require that each bid be and bills of material; and in the of the Revised Code and such funds accompanied by a single bond secur- event the Principal pays to the are hereby appropriated for the pur- ing both the execution of a contract Obligee the difference not to exceed poses set forth in Chapter 5709 of and the performance of the initial ten percent of the penalty hereof the Revised Code. Such fees shall be one-year term of each contract. If a between the amount specified in the deposited to and expended from single bond securing both execution bid and such larger amount for Fund No. 17 SF 305, Loan Fees Fund. and performance is required by the which the Obligee may in good faith Section 5. That the Director of Director, it shall be substantially in contract with the next lowest and Law shall prepare and approve said accordance with the form attached best bidder to perform the work cov- agreement and that said agreement hereto as Exhibit “A”. Each bond, ered by the bid; or in the event the shall contain such terms and provi- whether to secure the execution of Obligee does not award the contract sions as he deems necessary to pro- a contract, its performance, or both, to the next lowest and best bidder tect the City’s interest. shall be in an amount determined by and resubmits the project for bid- Section 6. That this ordinance is the Director of Public Service. The ding, the Principal will pay the hereby declared to be an emergency Director may also require that the Obligee the difference not to exceed measure and provided it receives the performance of each contract be ten percent of the penalty hereof affirmative vote of two-thirds of all secured in any option year by a per- between the amount specified in the the members elected to Council, it formance bond or bonds, each in an bid, or the costs in connection with 3198 December 27, 2000 The City Record 25 the resubmission, of printing new Ord. No. 1869-2000. Whereas, pursuant to the Ohio Re- contract documents, required adver- By Councilmen Cintron and Pat- vised Code, certain individuals and tising, and printing and mailing mon (by departmental request). entities, such as the chief of police, notices to prospective bidders, An emergency ordinance authoriz- adjacent neighbors, school adminis- whichever is less, then this obliga- ing the Director of Public Service to trators, and day care centers within tion shall be void, otherwise to employ one or more professional a “specified geographical notifica- remain in full force and effect. If consultants necessary to design the tion area” are notified of the ad- the Obligee accepts the bid of the rehabilitation of Martin Luther dress of the sexual offender; and Principal and the Principal within King, Jr. Drive/East 116th Street. Whereas, in the interest of safe- ten days after the awarding of the Whereas, this ordinance consti- guarding the residents of the City contract and submitting to the Prin- tutes an emergency measure provid- of Cleveland for the reasons articu- cipal a contract for execution, enters ing for the usual daily operation of lated by the general assembly in into a proper contract in accordance a municipal department; now, there- R.C. Section 2950.02, this Council of with the bid, plans, details, specifi- fore the City of Cleveland desires to cations, and bills of material, which Be it ordained by the Council of receive notification from the Chief said contract is made a part of this the City of Cleveland: of Police for the City of Cleveland bond the same as though set forth Section 1. That the Director of of the presence of a sexual offender herein; and Public Service is hereby authorized in our neighborhoods; and IF THE SAID Principal shall well to employ by contract one or more Whereas, this ordinance constitutes and faithfully perform each and consultants or one or more firms of an emergency measure providing for every condition of such contract; consultants for the purpose of sup- the usual daily operation of a munic- and indemnify the Obligee against plementing the regularly employed ipal department; now, therefore, all damage suffered by failure to staff of the several departments of Be it ordained by the Council of perform such contract according to the City of Cleveland in order to the City of Cleveland: the provisions thereof and in accor- design the rehabilitation of Martin Section 1. That the Codified Ordi- dance with the plans, details, speci- Luther King, Jr. Drive/East 116th nances of Cleveland, Ohio, 1976, are fications, and bills of material there- Street between the Stokes/Fairhill hereby supplemented by enacting for; and shall pay all lawful claims intersection and Buckeye Road. new Section 135.043 thereof, to read of subcontractors, materialmen, and The selection of said consultants as follows: laborers for labor performed and for such services shall be made by materials furnished in the carrying the Board of Control upon the nom- Section 135.043 Notification of Sex- forward, performing, or completing ination of the Director of Public Ser- ual Offenders said contract; we agreeing and vice from a list of qualified consul- Upon receiving notice of the resi- assenting that this undertaking tants available for such employment dency of a sexual offender in the shall be for the benefit of any mate- as may be determined after a full City of Cleveland pursuant to the rialman or laborer having a just and complete canvass by the Direc- Ohio Revised Code, the Chief of claim as well as for the Obligee tor of Public Service for the purpose Police, unless prohibited by state or herein; then this obligation shall be of compiling such a list. The com- federal law, shall provide written void; otherwise the same shall pensation to be paid for such ser- notification of the residency of a remain in full force and effect; it vices shall be fixed by the Board of sexual offender, as defined by the being expressly understood and Control. The contract herein autho- Ohio Revised Code, to the District agreed that the liability of the Sure- rized shall be prepared by the Direc- Commander and member of Council ty for any and all claims hereunder tor of Law, approved by the Direc- in whose ward the sexual offender shall in no event exceed the penal tor of Public Service, and certified is located. The notice shall include amount of this obligation as herein by the Director of Finance. the following information: (1) the stated. Section 2. That the cost of said offender’s name; (2) the address or THE SAID Surety hereby stipu- services herein authorized shall be addresses at which the offender lates and agrees that no modifica- resides; (3) the sexually oriented paid from Fund Nos. 20 SF 322 and tions, omissions, or additions, in or offense of which the offender was 20 SF 412, Request No. 26565. to the terms of said contract or in convicted or to which the offender Section 3. That this ordinance is or to the plans and specifications pleaded guilty; and (4) a statement hereby declared to be an emergency therefor shall in any wise affect the that the offender has been adjudi- measure and provided it receives the obligations of said Surety on this cated as being a sexual predator bond, and it does hereby waive affirmative vote of two-thirds of all and that, as of the date of the notice of any such modifications, the members elected to Council, it notice, the court has not entered a omissions or additions to the terms shall take effect and be in force determination that the offender no of the contract or to the work or to immediately upon its passage and longer is a sexual predator, or a the specifications. approval by the Mayor; otherwise, it statement that the sentencing or SIGNED AND SEALED this ___ shall take effect and be in force reviewing judge has determined day of ______, 20__. from and after the earliest period that the offender is a habitual sex- allowed by law. ual offender. Passed December 18, 2000. PRINCIPAL: SURETY: Section 2. That this ordinance is Effective December 27, 2000. hereby declared to be an emergency ______measure and, provided it receives the affirmative vote of two-thirds of BY: ______BY: ______all the members elected to Council, Ord. No. 1873-2000. Attorney-in-Fact it shall take effect and be in force By Councilmen Lewis, Westbrook, immediately upon its passage and Cintron, Jones, Rybka, Dolan, Pat- TITLE: approval by the Mayor; otherwise it mon, Polensek, O’Malley, Brady, shall take effect and be in force Melena, Jackson and Robinson. SURETY COMPANY ADDRESS: from and after the earliest period An emergency ordinance to sup- allowed by law. plement the Codified Ordinances of ______Passed December 18, 2000. Cleveland, Ohio, 1976, by enacting Effective December 27, 2000. Street new Section 135.043 relating to noti- fication of sexual predators. ______Whereas, Chapter 2950 of the Ohio City State ZIP Revised Code requires the registra- Ord. No. 1879-2000. tion of sexual offenders, as defined By Councilmen Cimperman, Mele- SURETY AGENT’S ADDRESS: by state law, with the sheriff or na and Patmon (by departmental chief of police in area in which the request). ______sexual offender resides; and An emergency ordinance authoriz- Agency Name Whereas, pursuant to Revised ing the Director of Economic Devel- ______Code Section 2950.02, the general opment to enter into a contract with Street assembly determined that it is in Diner 55, Inc. to provide economic the interest of public safety that the development assistance to partially ______public is provided adequate notice finance the acquisition and con- City State ZIP and information about sexual preda- struction of real property and the tors that reside in their community acquisition of personal property, “Exhibit A” since sexual predators pose a high including machinery, equipment, risk of engaging in further offenses furniture and fixtures, located at Passed December 18, 2000. even after being released from 1328 East 55th Street, Cleveland, Effective December 27, 2000. imprisonment; and Ohio. 3199 26 The City Record December 27, 2000

Whereas, this ordinance consti- Whereas, this ordinance consti- Section 1. That the Use District of tutes an emergency measure provid- tutes an emergency measure provid- lands bounded and described as fol- ing for the usual daily operation of ing for the usual daily operation of lows: a municipal department; now, there- a municipal department; now, there- Beginning in the centerline of fore fore Bridge Avenue, N.W. at its intersec- Be it ordained by the Council of tion with the centerline of West 54th the City of Cleveland: Be it ordained by the Council of Street; Section 1. That the Director of the City of Cleveland: Economic Development is hereby Section 1. That the Director of Thence North 88 degrees, 33 min- authorized to enter into a contract Economic Development is hereby utes, 55 seconds West along the with Diner 55, Inc. to provide eco- authorized to enter into a contract centerline of Bridge Avenue, N.W., nomic development assistance to par- with Conveyer & Caster Corporation about 165.70 feet to its intersection tially finance the acquisition and to provide economic development with the Southerly extension of the construction of real property and the assistance to partially finance lease- Easterly line of a parcel of land acquisition of personal property, hold improvements and the acquisi- conveyed to Donna J. Graham by including machinery, equipment, fur- deed dated May 17, 1999 and niture and fixtures, located at 1328 tion of machinery, equipment, furni- ture and fixtures, located at 3407- recorded in Auditors File No. East 55th Street, Cleveland, Ohio. 199905170821 of Cuyahoga County Section 2. That the term of said 3501 Detroit Avenue, Cleveland, Ohio. R e c o r d s ; loan shall be in accordance with the Thence North 1 degrees, 02 min- terms as set forth in the Executive Section 2. That the term of said Summary contained in File No. 1879- loan shall be in accordance with the utes, 04 seconds East along said Southerly extension and Easterly 2000-A. terms as set forth in the Executive line, 116.49 feet to a point there- Section 3. That the costs of said Summary contained in File No. 1880- i n ; contract shall not exceed One Hun- 2000-A. dred Thousand Dollars ($100,000), Thence South 88 degrees, 33 min- Section 3. That the costs of said and shall be paid from Fund No. 17 utes, 55 seconds East and parallel to SF 008, Request No. 26627. contract shall not exceed Fifty the line of Bridge Avenue, N.W., Section 4. That the Director of Three Thousand Two Hundred Dol- 164.42 feet to a point in the center- Economic Development is hereby lars ($53,200.00), and shall be paid line of West 54th Street; authorized to accept the collateral from Fund No. 17 SF 008, Request Thence Due South along said cen- as set forth in the Executive Sum- No. 26632. terline of West 54th Street, about mary contained in the file refer- Section 4. That the Director of 116.52 feet to the place of begin- enced in Section 2 of this ordinance Economic Development is hereby in order to secure repayment of said n i n g . authorized to accept the collateral and as outlined in red on the map loan. Any security instrument shall as set forth in the Executive Sum- be prepared and approved by the hereto attached, be and is hereby Director of Law. mary contained in the file refer- changed to an RA2 Use District. Section 5. That the Director of enced above in order to secure Section 2. That said changed des- Economic Development is hereby repayment of said loan. Any secu- ignation of lands described in Sec- authorized to accept monies in rity instrument shall be prepared tion 1 shall be identified as Map repayment of the loan and to deposit and approved by the Director of Change No. 2021, Sheet No. 1 and said monies in Fund No. 17 SF 006. L a w . shall be made upon the Building Section 6. That the Director of Section 5. That the Director of Zone Maps of the City of Cleveland Economic Development is hereby Economic Development is hereby on file in the office of the Clerk of authorized to charge and accept fees authorized to accept monies in Council and on file in the office of in an amount not to exceed the max- imum allowable fees under federal repayment of the loan and to deposit the City Planning Commission by regulations and expend such fees to said monies in Fund No. 17 SF 006. the appropriate person designated cover costs incurred in the prepara- Section 6. That the Director of for such purpose by the City Plan- tion of the loan application, closing Economic Development is hereby ning Commission. and servicing of the loan. Such fees authorized to charge and accept fees Section 3. That this ordinance shall be deposited to and expended in an amount not to exceed the max- shall take effect and be in force from Fund No. 17 SF 305, Loan Fees imum allowable fees under federal from and after the earliest period Fund. regulations and expend such fees to allowed by law. Section 7. That the Director of cover costs incurred in the prepara- Passed December 18, 2000. Law is hereby authorized to prepare Effective January 27, 2001. said contract and such other docu- tion of the loan application, closing ments as may be appropriate to com- and servicing of the loan. Such fees plete the transaction. shall be deposited to and expended Section 8. That the agreement or from Fund No. 17 SF 305, Loan Fees agreements shall provide for review Fund. Ord. No. 1959-2000. by the City Planning Commission of Section 7. That the Director of By Councilmen O’Malley and Pat- any plans for the development of Law is hereby authorized to prepare mon (by departmental request). the property. said contract and such other docu- An emergency ordinance authoriz- Section 9. That this ordinance is ments as may be appropriate to com- ing the purchase by requirement hereby declared to be an emergency plete the transaction. contract of labor and materials nec- measure and provided it receives the essary to repair and maintain pump Section 8. That this ordinance is affirmative vote of two-thirds of all stations, for the Division of Water hereby declared to be an emergency the members elected to Council, it Pollution Control, Department of measure and provided it receives the shall take effect and be in force Public Utilities. affirmative vote of two-thirds of all immediately upon its passage and Whereas, this ordinance consti- approval by the Mayor; otherwise, it the members elected to Council, it shall take effect and be in force tutes an emergency measure provid- shall take effect and be in force ing for the usual daily operation of from and after the earliest period immediately upon its passage and allowed by law. a municipal department; now, there- approval by the Mayor; otherwise, it fore, Passed December 18, 2000. shall take effect and be in force Effective December 27, 2000. Be it ordained by the Council of from and after the earliest period the City of Cleveland: allowed by law. Section 1. That the Director of Passed December 18, 2000. Public Utilities is hereby authorized Ord. No. 1880-2000. Effective December 27, 2000. to make a written requirement con- By Councilmen Cintron, Melena, tract in accordance with the Charter Cimperman and Patmon (by depart- and the Codified Ordinances of mental request). Cleveland, Ohio, 1976, for the re- An emergency ordinance authoriz- Ord. No. 1882-2000. quirements for the period of one ing the Director of Economic Devel- By Councilman Melena. year for the necessary items of opment to enter into a contract with An ordinance to change the Use labor and materials necessary to Conveyer & Caster Corporation to District of lands located on the provide economic development assis- repair and maintain pump stations tance to partially finance leasehold northwesterly corner of West 54 in the approximate amount as pur- improvements and the acquisition of Street and Bridge Avenue, N.W. chased during the preceding year, to machinery, equipment, furniture and (Map Change No. 2021, Sheet No. 1) be purchased by the Commissioner fixtures, located at 3407-3501 Detroit Be it ordained by the Council of of Purchases and Supplies upon a Avenue, Cleveland, Ohio. the City of Cleveland: unit basis for the Division of Water 3200 December 27, 2000 The City Record 27

Pollution Control, Department of Section 2. That the cost of said Section 3. That this ordinance is Public Utilities. Bids shall be taken contract shall be charged against hereby declared to be an emergency in such manner as to permit an the proper appropriation account measure and, provided it receives award to be made for all items as and the Director of Finance shall the affirmative vote of two-thirds of a single contract, or by separate certify thereon the amount of the all the members elected to Council, contract for each or any combina- initial purchase thereunder, which it shall take effect and be in force tion of said items as the Board of purchase, together with all subse- immediately upon its passage and Control shall determine. Alternate bids for a period less than a year quent purchases, shall be made on approval by the Mayor; otherwise it may be taken if deemed desirable order of the Commissioner of Pur- shall take effect and be in force by the Commissioner of Purchases chases and Supplies pursuant to a from and after the earliest period and Supplies until provision is made requisition against such contract allowed by law. for the requirements for the entire duly certified by the Director of Passed December 18, 2000. year. Finance. (RL 22605) Effective December 27, 2000.

Ord. No. 1966-2000. By Councilman Jackson (by request). An emergency ordinance authorizing the Director of Public Service to issue a permit to The City Mission to encroach into the right-of-way of Carnegie Avenue, East 55th Street and Cedar Avenue with an on-going banner program consisting of five (5) banners. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Service hereby is authorized to issue a permit, revocable at the will of Council, and assignable by the Permittee with the written consent of the Director of Public Service to The City Mission, 5310 Carnegie Avenue, Cleveland, Ohio 44103-4360, its successors and assigns, for the construction, use and maintenance of an on-going banner program consisting of five (5) banners, which will encroach into the public right-of-way of Carnegie Avenue, East 55th Street and Cedar Avenue at the locations described as follows:

BANNER LOCATION: POLE NUMBER: POLE OWNER:

5310 Carnegie Avenue (on Carnegie) 69014 C.P.P.

5310 Carnegie Avenue (on Carnegie) 69016 C.P.P.

5310 Carnegie Avenue (on Carnegie) NE2-11-35-1 C.P.P.

5310 Carnegie Avenue (on East 55th) NE2-117-361-A C.P.P.

5310 Carnegie Avenue (on Cedar) E2-87 C.P.P.

Section 2. That said banners will be placed within the public right-of-way as aforesaid in Section 1, and will be constructed in accordance with plans and specifications approved by the Commissioner of Engineering and Construction. That all other required permits, including a building Permit, shall be obtained before said banners are hung. Section 3. That nothing in the ordinance grants or shall be considered a grant to Permittee any right, privi- lege or permission to use or to attach or affix any object to poles described in Section 1 of this ordinance. Section 4. That this permit herein authorized shall be prepared by the Director of Law and shall be issued only when in the opinion of the Director of Law, the City of Cleveland has been properly indemnified against any and all loss which may result from said permit. Section 5. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law. Passed December 18, 2000. Effective December 27, 2000.

Ord. No. 1967-2000. Whereas, this ordinance constitutes leased to the Greater Cleveland By Councilmen Cintron and Pat- an emergency measure providing for Ecology Association at no rental mon (by departmental request). the usual daily operation of a munic- fee, and in exchange, they shall An emergency ordinance autho- ipal department; now, therefore, grind Christmas trees collected by rizing the Director of Public Service Be it ordained by the Council of the Division of Waste Collection to lease a tub grinder to the Greater the City of Cleveland: from City of Cleveland residents, at Cleveland Ecology Association to Section 1. That notwithstanding no cost to the City of Cleveland. implement a Christmas tree recy- and as an exception to the provi- Section 4. That the lease shall be cling program for City of Cleveland sions of Chapters 181 and 183 of the prepared by the Director of Law residents, for a period not to exceed Codified Ordinances of Cleveland, and shall contain such authorized three months. Ohio, 1976, the Director of Public terms and conditions as are Whereas, the City of Cleveland Service is authorized to lease to the required to protect the interests of owns a tub grinder which is suit- Greater Cleveland Ecology Associa- the City. able for lease and operation by tion, a tub grinder for the purpose Section 5. That the Director of another party for a public use; and of grinding Christmas trees collect- Public Service and the Director of Whereas, the Greater Cleveland ed from the residents of the City of Law, and other appropriate City Ecology Association has proposed to Cleveland by the Division of Waste officials, are authorized to execute lease said property from the City for Collection. such other documents and certifi- use in a Christmas tree recycling Section 2. That the term of the cates, and take such other actions program for City of Cleveland resi- lease authorized by this ordinance as may be necessary or appropriate dents in exchange for grinding shall commence December 27, 2000, to effect the lease authorized by Christmas trees delivered by the and end March 5, 2001. this ordinance. Division of Waste Collection at no Section 3. That the property Section 6. That this ordinance is cost to the City; and described in this ordinance shall be hereby declared to be an emergency 3201 28 The City Record December 27, 2000 measure and, provided it receives Section 3. That Section 4 of Ordi- quent purchases, shall be made on the affirmative vote of two-thirds of nance No. 1004-91, passed July 24, order of the Commissioner of Pur- all the members elected to Council, 1991, is hereby amended to read as chases and Supplies pursuant to a it shall take effect and be in force follows: requisition against such contract immediately upon its passage and Section 4. That, provided the City duly certified by the Director of approval by the Mayor; otherwise it of Cleveland sells the general oblig- Finance. (RL 17938) shall take effect and be in force ation bonds authorized by Ordi- Section 3. That this ordinance is from and after the earliest period nance No. 885-91, passed April 22, hereby declared to be an emergency allowed by law. 1991, the Director of Public Service measure and, provided it receives Passed December 18, 2000. is hereby authorized to cause pay- the affirmative vote of two-thirds of Effective December 27, 2000. ment to the State of Ohio of the all the members elected to Council, City’s share of the cost of the it shall take effect and be in force Improvement from Fund Nos. 20 SF immediately upon its passage and 146, 20 SF 353, 20 SF 883, and also approval by the Mayor; otherwise it Ord. No. 2018-2000. Fund No. 20 SF 190, which is the shall take effect and be in force By Councilmen Cintron, Cimper- fund to which will be credited the from and after the earliest period man, Melena and Patmon (by proceeds of the sale of general allowed by law. departmental request). obligation bonds of the City of Passed December 18, 2000. An emergency ordinance to amend Cleveland authorized by Ordinance Effective December 27, 2000. Sections 1 and 2 of Ordinance No. No. 885-91, passed April 22, 1991, 1004-91, passed July 24, 1991, as Request No. 14281 and 22509. amended by Ordinance No. 324-97, Section 4. That Section 4 of Ordi- passed June 2, 1997, and to amend nance No. 1004-91, passed July 24, Ord. No. 2020-2000. Section 4 of Ordinance No. 1004-91, 1991, is hereby repealed. By Councilmen Cintron and Pat- passed July 24, 1991, relating to con- Section 5. That this ordinance is mon (by departmental request). sent of the City of Cleveland for par- hereby declared to be an emergency An emergency ordinance autho- ticipation in the repair and resurfac- measure and, provided it receives rizing the purchase by requirement ing of Rocky River Drive, thereto, to the affirmative vote of two-thirds of contract of labor and materials nec- cause payment of Cleveland’s share. all the members elected to Council, essary to repair and maintain vari- Whereas, this ordinance consti- it shall take effect and be in force ous types of heavy duty construc- tutes an emergency measure pro- immediately upon its passage and tion equipment, for the Division of viding for the usual daily operation approval by the Mayor; otherwise it Motor Vehicle Maintenance, Depart- of a municipal department; now, shall take effect and be in force ment of Public Service. therefore, from and after the earliest period Whereas, this ordinance consti- Be it ordained by the Council of allowed by law. tutes an emergency measure pro- the City of Cleveland: Passed December 18, 2000. viding for the usual daily operation Section 1. That Sections 1 and 2 Effective December 27, 2000. of a municipal department; now, of Ordinance No. 1004-91, passed therefore, July 24, 1991, as amended by Ordi- Be it ordained by the Council of nance No. 324-97, passed June 2, the City of Cleveland: 1997, are hereby amended to read, Ord. No. 2019-2000. Section 1. That the Director of respectively, as follows: By Councilmen Cintron and Pat- Public Service is hereby authorized Section 1. That it is declared to mon (by departmental request). to make a written requirement con- be in the public interest that the An emergency ordinance autho- tract in accordance with the Char- consent of the City be and such con- rizing the purchase by requirement ter and the Codified Ordinances of sent is hereby given to the Director contract of labor and materials nec- Cleveland, Ohio, 1976, for the re- of Transportation of the State of essary to repair and maintain gen- quirements for the period of one Ohio to participate in the design erators, for the Division of Motor year for the necessary items of and construction of the following Vehicle Maintenance, Department of labor and materials necessary to improvement in accordance with Public Service. repair and maintain various types plans, specifications and estimates Whereas, this ordinance consti- of heavy duty construction equip- approved by said Director: the tutes an emergency measure pro- ment in the approximate amount as design, repair and resurfacing of viding for the usual daily operation purchased during the preceding Rocky River Drive from Brookpark of a municipal department; now, year, to be purchased by the Com- Road to the northern corporation therefore, missioner of Purchases and Supplies line at Hogs Back Lane, including, Be it ordained by the Council of upon a unit basis for the Division but not limited to, replacing the dec- the City of Cleveland: of Motor Vehicle Maintenance, orative retaining wall at the west- Section 1. That the Director of Department of Public Service. Bids erly boundary of Rocky River Drive Public Service is hereby authorized shall be taken in such manner as to from Edgecliffe Road north to Mc- to make a written requirement con- permit an award to be made for all Kinley Avenue (the “Improve- tract in accordance with the Char- items as a single contract, or by sep- ment”). ter and the Codified Ordinances of arate contract for each or any com- Section 2. That, provided the City Cleveland, Ohio, 1976, for the re- bination of said items as the Board of Cleveland sells the general oblig- quirements for the period of one of Control shall determine. Alter- ation bonds authorized by Ordinance year for the necessary items of nate bids for a period less than a No. 885-91, passed April 22, 1991, the labor and materials necessary to year may be taken if deemed desir- City shall cooperate with the State of repair and maintain generators in able by the Commissioner of Pur- Ohio in the design and construction the approximate amount as pur- chases and Supplies until provision of the Improvement by assuming and chased during the preceding year, to is made for the requirements for the contributing the entire cost and be purchased by the Commissioner entire year. expense of the Improvement less the of Purchases and Supplies upon a Section 2. That the cost of said amount of Federal-aid funds set unit basis for the Division of Motor contract shall not exceed $30,000 aside by the Director of Transporta- Vehicle Maintenance, Department of and shall be charged against the tion for the financing of the Improve- Public Service. Bids shall be taken proper appropriation account and ment from funds allocated by the in such manner as to permit an the Director of Finance shall certi- Federal Highway Administration, award to be made for all items as fy thereon the amount of the initial United States Department of Trans- a single contract, or by separate purchase thereunder, which pur- portation and less the amount of contract for each or any combina- chase, together with all subsequent State Highway Funds determined to tion of said items as the Board of purchases, shall be made on order be eligible and set aside for the Control shall determine. Alternate of the Commissioner of Purchases Improvement. In addition, the City bids for a period less than a year and Supplies pursuant to a requisi- agrees to assume and contribute may be taken if deemed desirable tion against such contract duly cer- 100% of the cost of any items includ- by the Commissioner of Purchases tified by the Director of Finance. ed in the construction contract, at the and Supplies until provision is made (RL 17937) requirement of the City, which are for the requirements for the entire Section 3. That this ordinance is determined by the Director not to be year. hereby declared to be an emergency reliable or made necessary by the Section 2. That the cost of said measure and, provided it receives Im p r o v e m e n t . contract shall be charged against the affirmative vote of two-thirds of Section 2. That Sections 1 and 2 the proper appropriation account all the members elected to Council, of Ordinance No. 1004-91, passed and the Director of Finance shall it shall take effect and be in force July 24, 1991, as amended by Ordi- certify thereon the amount of the immediately upon its passage and nance No. 324-97, passed June 2, initial purchase thereunder, which approval by the Mayor; otherwise it 1997, are hereby repealed. purchase, together with all subse- shall take effect and be in force 3202 December 27, 2000 The City Record 29 from and after the earliest period Whereas, this ordinance consti- Division of Motor Vehicle Mainte- allowed by law. tutes an emergency measure provid- nance, Department of Public Service. Passed December 18, 2000. ing for the usual daily operation of Bids shall be taken in such manner Effective December 27, 2000. a municipal department; now, there- as to permit an award to be made fore, for all items as a single contract, or Be it ordained by the Council of by separate contract for each or any the City of Cleveland: combination of said items as the Ord. No. 2021-2000. Section 1. That the Director of Board of Control shall determine. By Councilmen Cintron and Pat- Public Service is hereby authorized Alternate bids for a period less than mon (by departmental request). to make a written requirement con- a year may be taken if deemed An emergency ordinance authoriz- tract in accordance with the Char- desirable by the Commissioner of ing the purchase by requirement ter and the Codified Ordinances of Purchases and Supplies until provi- contract of Ford tractor, mower and Cleveland, Ohio, 1976, for the re- sion is made for the requirements construction equipment parts, in- quirements for the period of one for the entire year. cluding labor if necessary, for the year for the necessary items of Section 2. That the cost of said Division of Motor Vehicle Mainte- Cushman-Ransomes equipment parts, contract shall not exceed $1,100,000 nance, Department of Public Service. including labor if necessary in the and shall be charged against the Whereas, this ordinance consti- approximate amount as purchased proper appropriation account and tutes an emergency measure provid- during the preceding year, to be the Director of Finance shall certi- ing for the usual daily operation of purchased by the Commissioner of fy thereon the amount of the initial a municipal department; now, there- Purchases and Supplies upon a unit purchase thereunder, which pur- fore, basis for the Division of Motor Vehi- chase, together with all subsequent Be it ordained by the Council of cle Maintenance, Department of purchases, shall be made on order of the City of Cleveland: Public Service. Bids shall be taken the Commissioner of Purchases and Section 1. That the Director of in such manner as to permit an Supplies pursuant to a requisition Public Service is hereby authorized award to be made for all items as against such contract duly certified to make a written requirement con- a single contract, or by separate by the Director of Finance. (RL tract in accordance with the Charter contract for each or any combina- 17939) and the Codified Ordinances of tion of said items as the Board of Section 3. That this ordinance is Cleveland, Ohio, 1976, for the re- Control shall determine. Alternate hereby declared to be an emergency quirements for the period of one bids for a period less than a year measure and, provided it receives year for the necessary items of Ford may be taken if deemed desirable the affirmative vote of two-thirds of tractor, mower and construction by the Commissioner of Purchases all the members elected to Council, equipment parts, including labor if and Supplies until provision is made it shall take effect and be in force necessary in the approximate for the requirements for the entire immediately upon its passage and amount as purchased during the pre- y e a r . approval by the Mayor; otherwise it ceding year, to be purchased by the Section 2. That the cost of said shall take effect and be in force Commissioner of Purchases and Sup- contract shall not exceed $60,000 and from and after the earliest period plies upon a unit basis for the Divi- shall be charged against the proper allowed by law. sion of Motor Vehicle Maintenance, appropriation account and the Direc- Passed December 18, 2000. Department of Public Service. Bids tor of Finance shall certify thereon Effective December 27, 2000. shall be taken in such manner as to the amount of the initial purchase permit an award to be made for all thereunder, which purchase, togeth- items as a single contract, or by sep- er with all subsequent purchases, arate contract for each or any com- shall be made on order of the Com- Ord. No. 2024-2000. bination of said items as the Board missioner of Purchases and Supplies By Councilmen Cintron and Pat- of Control shall determine. Alternate pursuant to a requisition against mon (by departmental request). bids for a period less than a year such contract duly certified by the An emergency ordinance to amend may be taken if deemed desirable Director of Finance. (RL 17936) Section 1 of Ordinance No. 1301-97, by the Commissioner of Purchases Section 3. That this ordinance is passed August 13, 1997, relating to and Supplies until provision is made hereby declared to be an emergency the cause payment of the City of for the requirements for the entire measure and, provided it receives Cleveland’s share to the County of year. the affirmative vote of two-thirds of Cuyahoga and the State of Ohio for Section 2. That the cost of said all the members elected to Council, the cost of rehabilitating and recon- contract shall not exceed $225,000 it shall take effect and be in force structing West 53rd Street Bridge; and shall be charged against the immediately upon its passage and Denison Avenue Bridge, Harvard proper appropriation account and approval by the Mayor; otherwise it Avenue Bridge, West 65th Street the Director of Finance shall certi- shall take effect and be in force Bridge and the West 74th Street fy thereon the amount of the initial from and after the earliest period Bridge. purchase thereunder, which pur- allowed by law. Whereas, this ordinance consti- chase, together with all subsequent Passed December 18, 2000. tutes an emergency measure provid- purchases, shall be made on order of Effective December 27, 2000. ing for the usual daily operation of the Commissioner of Purchases and a municipal department; now, there- Supplies pursuant to a requisition fore, against such contract duly certified Be it ordained by the Council of by the Director of Finance. (RL Ord. No. 2023-2000. the City of Cleveland: 17935) By Councilmen Cintron and Pat- Section 1. That Section 1 of Ordi- Section 3. That this ordinance is mon (by departmental request). nance No. 1301-97, passed August 13, hereby declared to be an emergency An emergency ordinance authoriz- 1997, is hereby amended to read as measure and, provided it receives ing the purchase by requirement follows: the affirmative vote of two-thirds of contract of diesel fuel, for the Divi- Section 1. That this Council here- all the members elected to Council, sion of Motor Vehicle Maintenance, by authorizes payment to the State it shall take effect and be in force Department of Public Service. of Ohio and the County of Cuyahoga immediately upon its passage and Whereas, this ordinance consti- of the City’s share of the cost of approval by the Mayor; otherwise it tutes an emergency measure provid- rehabilitating and reconstructing shall take effect and be in force ing for the usual daily operation of West 53rd Street Bridge over N/S from and after the earliest period a municipal department; now, there- and RTA, Denison Avenue Bridge allowed by law. fore, over Conrail and N/S, Harvard Ave- Passed December 18, 2000. Be it ordained by the Council of nue Bridge over Wheeling & Lake Effective December 27, 2000. the City of Cleveland: Erie, West 65th Street Bridge over Section 1. That the Director of N/S and RTA, and the West 74th Public Service is hereby authorized Street Bridge from Fund Nos. 20 SF to make a written requirement con- 190, 20 SF 302, 20 SF 312, 20 SF 322, Ord. No. 2022-2000. tract in accordance with the Charter 20 SF 334, 20 SF 353, 20 SF 373, 52 By Councilmen Cintron and Pat- and the Codified Ordinances of SF 001, 58 SF 223 and from the fund mon (by departmental request). Cleveland, Ohio, 1976, for the re- and subfunds to which are credited An emergency ordinance authoriz- quirements for the period of one the proceeds of the sale of the gen- ing the purchase by requirement year for the necessary items of eral obligation bonds authorized by contract of Cushman-Ransomes diesel fuel in the approximate Ordinance No. 920-97, passed June 9, equipment parts, including labor if amount as purchased during the 1997, Request No. 21947. necessary, for the Division of Motor preceding year, to be purchased by Section 2. That Section 1 of Ordi- Vehicle Maintenance, Department of the Commissioner of Purchases and nance No. 1301-97, passed August 13, Public Service. Supplies upon a unit basis for the 1997, is hereby repealed. 3203 30 The City Record December 27, 2000

Section 3. That this ordinance is Section 241.04 Quality and Label- and examination as determined by hereby declared to be an emergency ing Standards the Commissioner of Environment. measure and, provided it receives (a) The definitions and standards (k) The Commissioner of Assess- the affirmative vote of two-thirds of of identity, the standard of quality, ments and Licenses may also collect all the members elected to Council, the standard of fill of container and fees for plan reviews of food shops it shall take effect and be in force the labeling requirements for any of an amount equal to thirty percent immediately upon its passage and food sold or manufactured in the (30%) of the food shop license fee approval by the Mayor; otherwise it City shall be those established for for said shops, except for plans per- shall take effect and be in force interstate commerce by the United taining to mobile or temporary food from and after the earliest period States Food and Drug Administra- service operations or vending loca- allowed by law. tion and Ohio Department of Agri- tions. Passed December 18, 2000. culture. (l) The Commissioner shall sub- Effective December 27, 2000. (b) Unless otherwise specified in mit all applications for a food shop this chapter, the definitions and license to the City of Cleveland standards of identity and the label- Director of Public Health for ap- ing requirements for meat, meat by- proval or disapproval of such appli- Ord. No. 2025-2000. products and meat food products cation. By Councilmen Gordon, Polensek, sold or manufactured in the City (m) The Commissioner is autho- Rybka, Lewis and Patmon (by shall be those of the Ohio Depart- rized to collect license fees for retail ment of Agriculture. food establishments and food ser- departmental request). vice operations and deposit such An emergency ordinance to amend Section 241.05 Food Shop Licenses fees into a fund created pursuant to various sections of Chapter 241 of and Fees; Food Vehicle Permit Sections 3717.25 and Section 3717.45 the Codified Ordinances of Cleve- (a) No food shop shall be operat- of the Revised Code. land, Ohio, as amended and enacted ed without the person, firm, associ- (n) The Commissioner is autho- by various ordinances; to repeal Sec- ation or corporation conducting such rized to collect license fees for food tion 241.231 as amended by Ordi- business first applying for and handlers and all food handlers’ nance No. 1587-90, passed December obtaining an annual license issued license fees and deposits shall be 17, 1990; to repeal Sections 243.01 by the Commissioner of Assessments retained by the licensor. through and including 243.17 of said and Licenses. No business vehicle (o) For purposes of this Section, codified ordinances, as amended and used regularly for the transporta- noncommercial organizations are enacted by various ordinances and tion, delivery, vending or peddling defined as organizations such as to enact new Section 243.01; to sup- of food except a commercial carrier churches, or non-profit organizations plement said codified ordinances by transporting food incidental to other operated exclusively for charitable enacting new Sections 241.041 and deliveries, shall transport, deliver, purposes as defined in division 241.051 thereof; and to repeal Sec- vend or peddle food in the City with- (B)(12) of Section 5739.02 of the tions 245.01 through and including out the owner obtaining an annual Revised Code, provided that dis- 245.19 and to enact new Sections food vehicle permit for such vehicle. played foods are not displayed for 245.01 to 245.12, all relating to licens- (b) For food handling establish- more than seven (7) consecutive ing and sanitation of food shops. ments, the annual fee shall be twen- days or more than fifty-two (52) sep- Whereas, this ordinance consti- ty-five dollars ($25.00) for less than arate days per year. tutes an emergency measure provid- 2,500 square feet of floor space. For (p) A penalty of twenty five per- ing for the usual daily operation of floor space in excess of 2,500 square cent (25%) of any license fee a municipal department; now, there- feet, the fee shall be thirty-five dol- required by this section must be fore, lars ($35.00). paid prior to the issuance of the Be it ordained by the Council of (c) For a food vehicle permit the license if the required license fee is the City of Cleveland: annual fee shall be ten dollars not paid on or before the date it is Section 1. That the following sec- ($10.00). due. tions of the Codified Ordinances of (d) Food handling licenses and Cleveland, Ohio, 1976: food vehicle permits shall expire not Section 241.09 Food Shop Premises Sections 241.03 and 241.04, as later than the last day of February to be Free of Insects and Rodents enacted by Ordinance No. 511-76, of the next ensuing year after All buildings and portions of issuance, and they shall not be buildings in which food is prepared, passed June 14, 1976, transferable except in accordance stored or served shall be of rat-proof Section 241.05, as amended by with Section 3717.46 of the Revised construction and insect and rodent Ordinance No. 2015-95, passed Decem- Code. free. When flies are prevalent, all ber 18, 1995, and (e) The holder of a food service openings to the outer air shall be Sections 241.09, 241.20, 241.21, operation license as defined by state effectively screened and doors shall 241.22, 241.26 and 241.27, as enacted law shall not be required to obtain be self-closing unless other effective by Ordinance No. 511-76, passed June a retail food establishment license means are provided to prevent their 14, 1976, except when the activities of a entrance. are hereby amended, to read, respec- retail food establishment and a food tively, as follows: service operation are carried on Section 241.20 Transportation within the same facility by the same No food shall be transported Section 241.03 Definitions person or entity, then the determi- unless it is so covered that it is pro- As used in this chapter: nation of what license applies shall tected from dust, dirt, insects and (a) “Food,” “drug,” “device,” “cos- be made according to the primary other contaminating substances. metic,” “label,” “labeling,” “adulter- business of the person or entity as Every vehicle transporting food ated,” and “misbranded,” shall have determined by the licensor, the City shall be kept in a clean, sanitary the meaning established in Chapter of Cleveland Director of Public condition. 3715 of the Revised Code. “Food ser- Health as described in Section vice operation” and “retail food 3717.44 of the Revised Code. Section 241.21 Display establishment” shall have the mean- (f) The holder of a food service No food shall be displayed in, ing established in Section 3717.01 of operation license or retail food upon or over any street, alley, side- the Revised Code. establishment license shall not be walk, or other public place in the (b) “Food handling establishment” required to obtain a food handling City, except in districts designated means a business establishment or license. by the City as market districts. Pro- vehicle, where food is either pre- (g) For a mobile food service duce or other foodstuffs displayed pared, manufactured, compounded, operations, the annual fee shall be outside on the food shop’s property Two Hundred Sixty-Three Dollars shall be displayed so as to be pro- stored, mixed, packed, demonstrated, ($263.00). tected from contamination. given away, peddled, vended, dis- (h) For a vending food service pensed, delivered from, offered for operation, the annual fee shall be Section 241.22 Licensing Outdoor sale or sold with the exceptions of Twenty-Nine Dollars ($29.00). Restaurants: Procedure and Fee “food service operations” and “retail (i) For a temporary food service (a) To provide for issuance of food establishments” as defined by operation or a Temporary Food annual licenses by the Commission- State law. Establishment, the fee shall be er of Assessments and Licenses and (c) “Wholesale” shall have the Twenty Dollars ($20.00). to direct the Director of Public meaning established in Section (j) The Commissioner of Assess- Health to develop rules for such 3715.021 of the Revised Code. ments and Licenses may also collect operations not inconsistent with (d) “Food shop” applies to “food- fees for collection and bacteriologi- state statutes and regulations, appli- handling establishment,” “retail food cal examination of samples taken cation shall be accepted by the Com- establishment” and “food service from a food shop in an amount missioner of Assessments and operation.” equal to the cost of such collection Licenses from restaurants, the 3204 December 27, 2000 The City Record 31 approval of which will allow them mulgated by The Ohio Director of CHAPTER 243 to serve food and beverages out- Agriculture and Ohio Public Health doors. Council pursuant to Section 3717.05 OHIO UNIFORM FOOD (b) Each license application shall of the Revised Code. SAFETY CODE have included with it a sketch of the premises showing what outdoor Section 241.051 Categories and Section 243.01 Ohio Uniform Food areas are proposed to be used for Fees Safety Code the serving of food and beverages. (a) Each application to the Com- The Ohio Uniform Food Safety (c) Before any food shop may missioner of Licenses and Assess- Code as promulgated by the Ohio expand its operation to an outdoor ments for a food service operation Director of Agriculture and Ohio area, it must submit a new applica- license required pursuant to Section Public Health Council pursuant to tion and new sketch of the premis- 3717.43 of the Revised Code, or for Section 3717.05 of the Revised Code, es to the Commissioner of Assess- a retail food establishment license is hereby adopted and incorporated ments and Licenses and obtain required pursuant to Section 3717.21 by the City of Cleveland as fully as approval as required herein. of the Revised Code shall be accom- if set forth herein. (d) This section shall in no way panied by a combined license and Section 6. That Sections 245.01, supercede any applicable portions of inspection fee as follows: through and including 245.19 of the City or state health regulations. (1) Food Service Operations and (e) On the approval of the appli- Codified Ordinances, as enacted by Retail Food Establishments less Ordinance No. 1461-64, passed June cation by the Commissioner of Envi- than 10,000 square feet of floor 29, 1964, are hereby repealed. ronmental Health, the Commissioner space: of Assessments and Licenses shall Section 7. That the Codified Ordi- nances of Cleveland, Ohio, 1976, are issue the food shop license. Denial Risk Level Fee of a food shop license may be hereby supplemented by enacting appealed to the Board of Zoning Level I $ 140.00 new Sections 245.01 to 245.12 to read, Appeals. Level II 177.00 respectively, as follows: (f) After issuance of the food Level III 398.00 shop license, each applicant must Level IV 450.00 CHAPTER 245 submit an application for a permit Level V 495.00 pursuant to Chapter 513 of these FROZEN DESSERTS codified ordinances. (2) Food Service Operations and Retail Food Establishments in ex- Section 245.01 Definitions Section 241.26 Health of Food Shop cess of 10,000 square feet of floor (a) “Frozen desserts” means ice Personnel space: cream, frozen custard, milk sherbet, (a) No person shall be permitted ice or ice sherbet, imitation ice to work in a food shop unless he or Risk Level Fee cream, frozen dairy dessert, ice milk she is free from disease in a com- and similar frozen or partially municable form or a carrier state. Level I $ 219.00 frozen dairy food products. When reasonable cause exists to (b) “Mix” means the unfrozen suspect the possibility of transmis- Level II 260.00 Level III 889.00 combination of the ingredients of a sion of disease from any person han- frozen dessert. dling food, the Commissioner of Level IV 942.00 Level V 964.00 Environmental Health may exclude Section 245.02 License or Permit immediately such person from food Required handling until such time as he or (3) Non-Commercial Food Service Operations and Non-Commercial Re- No person, firm or corporation she is satisfied that such person is shall manufacture, package, sell or free from the possibility of trans- tail Food Establishments less than distribute within the City any mitting disease. 10,000 square feet of floor space: frozen desserts or mixes, without (b) No person shall be permitted to work in a food shop if they are Risk Level Fee first obtaining a license pursuant to known or suspected of having a dis- Section 241.05 of these codified ordi- ease in a communicable form or a Level I $ 70.00 nances. carrier state in any capacity in Level II 88.00 which food is handled. Level III 199.00 Section 245.03 Standards and Level IV 225.00 Labeling Section 241.27 Drug Stores Level V 247.00 All frozen desserts and mixes All drug stores shall be main- shall conform in standards to the tained in a clean, sanitary manner (4) Non-Commercial Food Service definitions of such products as set and in accordance with the rules Operations and Non-Commercial Re- forth in the Ohio Revised Code, or established for retail food establish- tail Food Establishments in excess in the regulations of the Ohio ments in Chapter 3717 of the Ohio of 10,000 square feet of floor space: Department of Agriculture. All Revised Code. frozen desserts and mixes shall be Section 2. That the existing sec- Risk Level Fee properly labeled as required by law, tions of the Codified Ordinances of and such label shall include the Cleveland, Ohio, 1976: Level I $ 109.00 name and address of the manufac- Sections 241.03 and 241.04, as Level II 130.00 turer, packager or distributor. In the enacted by Ordinance No. 511-76, Level III 444.00 event the name and address is that passed June 14, 1976, Level IV 471.00 of the distributor, or the manufac- Section 241.05, as amended by Level V 482.00 turer has more than one plant, the Ordinance No. 2015-95, passed Decem- processing plant must be identified ber 18, 1995, and (b) The risk level categories on the label in a manner acceptable Sections 241.09, 241.20, 241.21, described herein shall have the to the Commissioner of Environ- 241.22, as enacted by Ordinance No. meaning established in any rules mental Health. Labeling and identi- promulgated pursuant to Chapter 511-76, passed June 14, 1976 ty requirements need not apply to Section 241.231, as amended by 3717 of the Ohio Revised Code. Section 4. That the following sec- retail manufacturers who do not Ordinance No. 1598-90, passed Decem- harden and store frozen desserts for ber 17, 1990, tions of the Codified Ordinances of sale or distribution. Labels shall not Sections 241.26 and 241.27, as Cleveland, Ohio, 1976: be misleading. enacted by Ordinance No. 511-76, Sections 243.01 and 243.02, as passed June 14, 1976, enacted by Ordinance No. 1460-64, are hereby repealed. passed June 29, 1964, Section 245.04 Protection from Con- Section 3. That the Codified Ordi- Section 243.03, as amended by ordi- tamination nances are hereby supplemented by nance No. 2301-80, passed March 2, All places where frozen desserts enacting new Sections 241.041 and 1981, and and mixes are manufactured or 241.051, to read, respectively, as fol- Sections 243.04, 243.05, 243.06, handled shall be thoroughly clean. lows: 243.07, 243.08, 243.09, 243.10, 243.11, Operations shall be located and con- 243.12, 243.13, 243.14, 243.15, 243.16, ducted to prevent any contamina- Section 241.041 Safe food Sanita- 243.17, tion of food, equipment or contain- tion Standards are hereby repealed. ers. Spilled, overflowed or leaked The definitions and standards for Section 5. That the Codified Ordi- product shall be discarded. All safe sanitation in retail food estab- nances of Cleveland, Ohio, 1976, are milk, milk products or mix drained lishments and food service opera- hereby supplemented by enacting from equipment at the end of a run tions shall be any established as the new Section 243.01 thereof to read as shall be handled in a sanitary man- Ohio Uniform Food Safety Code, pro- follows: n e r . 3205 32 The City Record December 27, 2000

Section 245.05 Sanitary Facilities (2) Wear clean, washable gar- ing machines at the Carl B. Stokes All places where frozen desserts ments or uniforms; Building located at 1201 Lakeside and mixes are manufactured or han- (3) Maintain himself in a clean Avenue and for the operation of dled shall be in conformance with and personable condition. vending machines at the Cleveland City ordinances regarding toilet (d) All frozen desserts shall be Public Power Building located at facilities and hand washing facili- transported in sanitary containers, 1300 Lakeside Avenue, for a period ties, and the water supply shall be which must be washed after each not to exceed three (3) years. easily accessible, adequate and of a day’s use. Such containers shall be Section 2. That the Concession safe, sanitary quality. used for no other purpose than the Agreements authorized herein shall transportation of frozen desserts be prepared by the Director of Law, Section 245.06 Design, Construc- and shall be stored only at the place and shall contain such additional tion and Sanitizing of Equipment of business of the licensee. Such con- provisions as he deems necessary to (a) All equipment, piping and con- tainers shall conspicuously display protect and benefit the public inter- tainers used for the processing, con- the name of the licensee. est. ducting and storing of frozen (e) All vehicles used to peddle Section 3. That this ordinance is desserts and mixes shall be of san- frozen desserts shall be stored or hereby declared to be an emergency itary design and construction and parked in clean surroundings when measure and, provided it receives shall be handled in a sanitary man- not in use. the affirmative vote of two-thirds of ner. all the members elected to Council, (b) Equipment and multi-use con- Section 245.11 Noise from Peddlers it shall take effect and be in force tainers shall be thoroughly cleaned No peddler of frozen dessert shall immediately upon its passage and and sanitized after each use, and cry his wares in a loud voice or use approval by the Mayor; otherwise it adequate facilities shall be provided any noise-producing device other shall take effect and be in force for cleaning and sanitizing equip- than a soft chime, the limit of audi- from and after the earliest period ment and containers. Empty con- tainers shall be thoroughly cleaned bility of which shall be one hundred allowed by law. before being returned to the manu- (100) feet from the source of such Passed December 18, 2000. facturer of frozen desserts and sounds, and otherwise shall be in Effective December 27, 2000. mixes. Single use containers shall conformity with the provisions of not be reused. Dippers and other Section 605.12 of the codified ordi- utensils used intermittently for dis- nances. pensing frozen desserts shall be Ord. No. 2028-2000. kept in running water with ade- Section 245.12 Prohibited Places By Councilmen Cintron, Melena, quate velocity and volume to No peddler of frozen desserts shall Cimperman and Patmon (by depart- cleanse them. manufacture his wares on any City mental request). street, sell his wares in areas des- An emergency ordinance authoriz- Section 245.07 Vehicle Regulations ignated by the Commissioner of ing the Director of Economic Devel- All vehicles used in transporting, Traffic Engineering and Parking as opment to enter into an Enterprise delivering or peddling frozen a congested area or peddle frozen Zone Agreement with The Revere desserts or mixes shall be clean, desserts in or on City property with- Group to provide for a five year well constructed and properly insu- out the written consent of the Direc- abatement for certain tangible per- lated. Such vehicles shall be tor of Parks, Recreation and Prop- sonal property taxes as an incentive licensed and properly identified. erties. to acquire personal property located Section 8. That this ordinance is at 2000 Sycamore, Cleveland, Ohio Section 245.08 Transferring and hereby declared to be an emergency 44113. Dispensing measure and, provided it receives Whereas, pursuant to Ordinance No ice cream or mix shall be pack- the affirmative vote of two-thirds of No. 948-95, passed June 19, 1995, this aged, dispensed or transferred all the members elected to Council, Council designated an area which is except in a clean, sanitary manner. it shall take effect and be in force in the City of Cleveland and immediately upon its passage and described in File No. 948-95-A, as the Section 245.09 Personnel Health approval by the Mayor; otherwise it Cleveland Area Enterprise Zone and Cleanliness shall take effect and be in force (the “Zone”) pursuant to Chapter All persons engaged in the pro- from and after the earliest period 5709 of the Ohio Revised Code; and cessing of frozen desserts or mixes allowed by law. Whereas, in August, 1995, the shall be clean in person and habits Passed December 18, 2000. Director of Development of the State and shall wear clean, washable Effective December 27, 2000. of Ohio determined that the Zone clothing and caps. They shall not contains the characteristics set forth use tobacco in any form while work- in Section 5709.61(A) of the Revised ing. All such persons shall be free Code and certified said area as an of contagious or infectious disease Ord. No. 2027-2000. “Urban Jobs and Enterprise Zone” in active or carrier state, and shall By Councilmen Rybka and Pat- pursuant to Chapter 5709 of the submit to an annual physical exam- mon (by departmental request). Revised Code; and ination, the record of which shall be An emergency ordinance authoriz- Whereas, The Revere Group (the kept on file and exhibited upon ing the Director of Public Utilities “Enterprise”) has proposed to ac- demand of the Commissioner of to enter into one or more Concession quire personal property located at Environmental Health or his agent. Agreements with the Ohio Rehabili- 2000 Sycamore, Cleveland, Ohio tation Services Commission, Bureau 44113; and Section 245.10 Peddling of Frozen of Services for the Visually Whereas, the Enterprise has cer- Desserts Impaired for the operation of a tified to the City that, but for abate- No person, firm or corporation shall peddle frozen desserts within snack bar and vending machines at ment of personal property taxes the the City unless the following the Carl B. Stokes Building and the Enterprise would be at a competi- requirements are complied with: Cleveland Public Power Building. tive disadvantage by operating at (a) All such products shall be Whereas, this ordinance consti- this location; and completely wrapped or packaged in tutes an emergency measure provid- Whereas, this ordinance consti- a licensed place of business and all ing for the usual daily operation of tutes an emergency measure in that such wrappings or packages shall a municipal department; now, there- the same provides for the immediate be labeled with: fore, preservation of the public peace, (1) Name of the product; Be it ordained by the Council of safety, property, and welfare and (2) Name and address of the man- the City of Cleveland: for the further reason that its enact- ufacturer; Section 1. That notwithstanding ment is a necessary prerequisite to (3) Net contents by weight or vol- any provision of the Codified Ordi- providing immediate assistance to ume. nances of Cleveland, Ohio, 1976, to create and preserve job opportuni- (b) All such products shall be the contrary, the Director of Public ties and advance and promote com- properly refrigerated to inhibit bac- Utilities is hereby authorized to mercial and economic development terial growth. enter into one or more Concession in the City of Cleveland, such assis- (c) All persons employed as ped- Agreements with the Ohio Rehabili- tance being immediately necessary dlers shall be at least sixteen years tation Services Commission, Bureau or such jobs will be lost; now, there- of age and: of Services for the Visually fore, (1) Be in the regular employment Impaired, for the operation of a Be it ordained by the Council of of the licensee; snack bar and installation of vend- the City of Cleveland: 3206 December 27, 2000 The City Record 33

Section 1. That this Council here- 1998, is hereby amended to read as Section 1. That Section 5 of Ordi- by approves the application of the follows: nance No. 241-98, passed June 15, Enterprise for enterprise zone incen- Section 5. That the balance of the 1998, is hereby amended to read as tives on the basis that the Enter- service payments collected pursuant follows: prise is qualified by financial to Section 3 hereof shall be distrib- Section 5. That the cost of the responsibility and business experi- uted by the Cuyahoga County Trea- improvement hereby authorized ence to create and preserve employ- surer to the Treasurer of the City of shall be paid from Fund No. 10 SF ment opportunities in the Cleveland Cleveland and deposited in Fund No. 501 in an amount not to exceed Area Enterprise Zone and to 10 SF 501 and Fund No. 17 SF 008 $2,000,000, Fund No. 17 SF 008 in an improve the economic climate of the to recover expenditures from the amount not to exceed $220,000 and City of Cleveland. Neighborhood Development Invest- from the fund or funds to which Section 2. That the Director of ment Fund (“NDIF”) and the UDAG are credited the proceeds of the Economic Development is autho- Repayments Fund (“UDAGRF”) in grant and gift money accepted pur- rized to enter into an Enterprise an amount equal to NDIF and suant, respectively, to Sections 3 Zone Agreement with the Enterprise and 4 of this ordinance, Request to provide for a five (5) year abate- UDAGRF funds, plus interest, autho- rized pursuant to Section 6 hereof, No. 23340. ment for certain tangible personal Section 2. That the existing Section property taxes as an incentive to and appropriated by Ordinance No. 241-98, passed June 15, 1998, as 5 of Ordinance No. 241-98, passed acquire personal property located at June 15, 1998, is hereby repealed. 2000 Sycamore, Cleveland, Ohio amended to those public improve- ments and such other purposes more Section 3. That this ordinance is 44113; said abatement shall be sub- hereby declared to be an emergency ject to annual review of the Tax fully described in such appropriat- ing legislation. Said appropriation measure and, provided it receives Incentive Review Council. the affirmative vote of two-thirds of of NDIF funds shall not exceed Section 3. That the terms of said all the members elected to Council, $2,000,000.00; appropriation from tax abatement shall be in accor- it shall take effect and be in force UDAGRF funds shall not exceed dance with the terms as set forth in immediately upon its passage and $220,000. the Executive Summary contained approval by the Mayor; otherwise it in File No. 2028-2000-A. The terms of Section 2. That existing Section 5 shall take effect and be in force said file notwithstanding, the terms of Ordinance No. 159-98, passed June from and after the earliest period of the tax abatement shall not be 15, 1998, is hereby repealed. allowed by law. amended, nor shall the tax abate- Section 3. That Ordinance No. 159- Passed December 18, 2000. ment be assignable or transferrable 98, passed June 15, 1998, is hereby Effective December 27, 2000. to any entity, without the prior leg- supplemented by adding new Sec- islative authorization by Cleveland tion 6 to read as follows: City Council. Section 6. That the Director of Section 4. That the Director of Economic Development is hereby Ord. No. 2032-2000. Economic Development is hereby authorized to enter into a contract By Councilman Dolan. authorized to charge and accept fees with Third Federal to provide finan- An emergency ordinance authoriz- in an amount not to exceed the max- cial assistance to partially finance imum allowable under Chapter 5709 ing the Director of Community a neighborhood land-bank program Development to enter into a grant of the Revised Code and such funds operated by Third Federal within are hereby appropriated for the pur- agreement with the owner of the the Area, as more fully described in poses set forth in Chapter 5709 of rental unit at 14200 Rainbow File No. ______; the costs of said the Revised Code. Such fees shall be Avenue using Community Develop- contract shall not exceed the deposited to and expended from ment Block Grant funds to provide Fund No. 17 SF 305, Loan Fees Fund. amount of UDAGRF funds appropri- an emergency one-time three month Section 5. That the Director of ated pursuant to Ordinance No. 241- housing rental subsidy to a Law shall prepare and approve said 98, as amended, less the amount low/moderate income family meet- agreement and that said agreement expended for those public improve- ing the requirements for Communi- shall contain such terms and provi- ments authorized pursuant to Ordi- ty Development Block Grant Public sions as he deems necessary to pro- nance No. 241-98. Services Subsistence Payment. tect the City’s interest. Section 4. That existing Sections 6 Whereas, this ordinance consti- Section 6. That this ordinance is and 7 of Ordinance No. 159-98, passed tutes an emergency measure provid- hereby declared to be an emergency June 15, 1998, are hereby renum- ing for the usual daily operation of measure and, provided it receives bered, respectively, to new “Section a municipal department; now, there- the affirmative vote of two-thirds of 7” and “Section 8”. fore all the members elected to Council, Section 5. That this ordinance is Be it ordained by the Council of it shall take effect and be in force hereby declared to be an emergency the City of Cleveland: immediately upon its passage and measure and, provided it receives Section 1. That the Director of approval by the Mayor; otherwise it the affirmative vote of two-thirds of Community Development is hereby shall take effect and be in force all the members elected to Council, authorized to enter into a grant from and after the earliest period it shall take effect and be in force agreement with the owner of the allowed by law. immediately upon its passage and rental unit at 14200 Rainbow Passed December 18, 2000. approval by the Mayor; otherwise it Avenue, in the City of Cleveland, Effective December 27, 2000. shall take effect and be in force Ward 21, using Community Devel- from and after the earliest period opment Block Grant funds to pro- vide an emergency one-time three allowed by law. month housing rental subsidy to a Passed December 18, 2000. low/moderate income family meet- Ord. No. 2029-2000. Effective December 27, 2000. By Councilmen Melena and Pat- ing the requirements of Community mon (by departmental request). Development Block Grant Public An emergency ordinance to amend Services Subsistence Payment. Section 5 of Ordinance No. 159-98, Section 2. That the amount of the Ord. No. 2030-2000. passed June 15, 1998, relating to a grant agreement authorized herein By Councilmen Melena and Pat- Tax Increment Financing Agree- shall not exceed $2070.00 and shall mon (by departmental request). ment with Third Federal Savings be paid for from Fund No. 14 sub and Loan Association; to supplement An emergency ordinance to amend class 026, RL 20698. said ordinance by adding new Sec- Section 5 of Ordinance No. 241-98, Section 3. That this ordinance is tion 6; and to renumber existing Sec- passed June 15, 1998, relating to the hereby declared to be an emergency tions 6 and 7 to new Sections 7 and rehabilitating Broadway Avenue measure and provided it receives the 8. and Aetna Avenue, including but not affirmative vote of two-thirds of all Whereas, this ordinance consti- limited to streetscape and roadway the members elected to Council, it tutes an emergency measure provid- improvements. shall take effect and be in force ing for the usual daily operation of Whereas, this ordinance consti- immediately upon its passage and a municipal department; now, there- tutes an emergency measure provid- approval by the Mayor; otherwise, it fore, ing for the usual daily operation of shall take effect and be in force Be it ordained by the Council of a municipal department; now, there- from and after the earliest period the City of Cleveland: fore, allowed by law. Section 1. That Section 5 of Ordi- Be it ordained by the Council of Passed December 18, 2000. nance No. 159-98, passed June 15, the City of Cleveland: Effective December 27, 2000. 3207 34 The City Record December 27, 2000

Ord. No. 2094-2000. By Councilman Patmon (by departmental request). An emergency ordinance to make additional appropriations of Eight Million Six Hundred Forty One Thousand Dollars ($8,641,000) of the General Fund, Three Million Three Hundred Thirty Four Thousand Six Hundred Sev- enty Five Dollars ($3,334,675) of the Special Revenue Fund, Two Million One Hundred Forty Six Thousand Three Hundred Fifty One Dollars ($2,146,351) of the Internal Service Funds, Four Hundred Eighty-Five Thousand Dol- lars ($485,000) of the Enterprise Fund and Three Hundred Thousand ($300,000) of the Debt Service Fund. Whereas, there remains an unappropriated balance in the various funds, the sum of Fourteen Million Nine Hun- dred Seven Thousand Twenty Six Dollars ($14,907,026) which is available for additional appropriation; and Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That there is hereby appropriated the additional revenue as set forth in the Amended Official Cer- tificate of Estimated Resources received from the Budget Commission of Cuyahoga County for the year 2000, dated October 26, 2000, previously unappropriated as follows:

GENERAL FUND $8,641,000 SPECIAL REVENUE FUNDS $3,334,675 INTERNAL SERVICE FUNDS $2,146,351 ENTERPRISE FUNDS $ 485,000 DEBT SERVICE FUND $ 300,000

GENERAL FUND

DEPARTMENT OF PUBLIC SAFETY

Division of Police $ 1,271,000 I Personnel and Related Expenses $ 731,000 — II Other Expenses 540,000 —

Division of Fire $ 1,920,000 I Personnel and Related Expenses $ 1,575,000 — II Other Expenses 345,000 —

TOTAL DEPARTMENT OF PUBLIC SAFETY $ 3,191,000 $ 3,191,000

DEPARTMENT OF PUBLIC SERVICE

Division of Waste Collection and Disposal $ 1,000,000 I Personnel and Related Expenses — — II Other Expenses 1,000,000 —

TOTAL DEPARTMENT OF PUBLIC SERVICE $ 1,000,000 $ 1,000,000

DEPARTMENT OF PUBLIC HEALTH

Division of Correction $ 350,000 II Other Expenses $ 350,000

TOTAL DEPARTMENT OF PUBLIC HEALTH $ 350,000 $ 350,000

DEPARTMENT OF LAW

Law $ 4,100,000 I Personnel and Related Expenses — — II Other Expenses $ 4,100,000

TOTAL LEGAL ADMINISTRATION $ 4,100,000 $ 4,100,000

TOTAL GENERAL FUND $ 8,641,000 $ 8,641,000

SPECIAL REVENUE FUND

Restricted Income Tax $ 734,675 I Capital $ 734,675

Schools Recreation & Cultural Activities $ 2,000,000 II Other Expenses $ 2,000,000

Street Construction, Maintenance and Repair $ 600,000 I Personnel and Related Expenses $ — — II Other Expenses 600,000

TOTAL SPECIAL REVENUE FUND $ 3,334,675 $ 3,334,675

INTERNAL SERVICE FUND

Motor Vehicle Maintenance I Personnel and Related Expenses $ — $ 946,351 II Other Expenses 946,351 —

Telecommunications I Personnel and Related Expenses $ — $ 1,200,000 II Other Expenses 1,200,000 —

TOTAL INTERNAL SERVICE FUNDS $ 2,146,351 $ 2,146,351 3208 December 27, 2000 The City Record 35

ENTERPRISE FUNDS

DEPARTMENT OF PUBLIC UTILITIES

Utilities Administration $ 215,000 I Personnel and Related Expenses $ — — II Other Expenses 215,000 —

TOTAL DEPARTMENT OF PUBLIC UTILITIES $ 215,000 $ 215,000

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Division of Cemeteries $ 80,000 II Other Expenses 80,000 —

Division of West Side Market $ 190,000 II Other Expenses 190,000 —

TOTAL PARKS, RECREATION, & PROPERTIES $ 270,000 $ 270,000

TOTAL ENTERPRISE FUNDS $ 485,000 $ 485,000

DEBT SERVICE FUND

Sinking Fund Commission $ 300,000 III Debt Service $ 300,000

TOTAL DEBT SERVICE FUND $ 300,000 $ 300,000

TOTAL GENERAL AND OTHER FUNDS $ 14,907,026 $ 14,907,026

Section 2. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed December 18, 2000. Effective December 19, 2000.

Ord. No. 2095-2000. By Councilman Patmon (by departmental request). An emergency ordinance to provide the transfer of the sum of Five Million Nine Hundred Fifty-Six Thousand Dollars ($5,956,000) within various divisions of the General Fund, Five Million Three Hundred Thousand Dollars ($5,300,000) within the Special Revenue Fund, Sixty-six Thousand ($66,000) within the Internal Service Fund, One Million ($1,000,000) within the Enterprise Fund. Whereas, in accordance with Section 41 of the Charter, the Mayor has recommended in writing the within transfer; and Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the sum of Twelve Million Three Hundred Twenty-Two Thousand ($12,322,000) be same and hereby transferred as follows:

GENERAL FUND

MUNICIPAL COURT FROM TO Judicial Division I Personnel and Related Expenses $ 10,000 $ — II Other Expenses — 10,000

Clerks Division I Personnel and Related Expenses $ 250,000 $ — II Other Expenses — 250,000

Housing Division I Personnel and Related Expenses $ 35,000 $ — II Other Expenses — 35,000

TOTAL MUNICIPAL COURT $ 295,000 $ 295,000

DEPARTMENT OF PUBLIC SAFETY

Public Safety Administration I Personnel and Related Expenses $ 345,000 $ — II Other Expenses — 72,000

Division of Emergency Medical Services II Other Expenses $ — $ 200,000

Division of Traffic Engineering I Personnel and Related Expenses $ 150,000 $ — II Other Expenses — 150,000

TOTAL DEPARTMENT OF PUBLIC SAFETY $ 495,000 $ 422,000 3209 36 The City Record December 27, 2000

COMMUNITY RELATIONS BOARD

Division of Community Relation Board I Personnel and Related Expenses $ 42,000 $ — II Other Expenses — 42,000

TOTAL COMMUNITY RELATIONS BOARD $ 42,000 $ 42,000

DEPARTMENT OF PUBLIC SERVICE

Division of Waste Collection and Disposal I Personnel and Related Expenses $ 250,000 $ — II Other Expenses — 250,000

Division of Engineering and Construction I Personnel and Related Expenses $ 200,000 $ — II Other Expenses — —

TOTAL DEPARTMENT OF PUBLIC SERVICE $ 450,000 $ 250,000

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Division of Property Management I Personnel and Related Expenses $ 300,000 $ — II Other Expenses — 300,000

Division of Park Maintenance and Properties I Personnel and Related Expenses $ 500,000 $ — II Other Expenses — 500,000

TOTAL PARKS, RECREATION, AND PROPERTIES $ 800,000 $ 800,000

URBAN PLANNING AND DEVELOPMENT DEPARTMENT OF COMMUNITY DEVELOPMENT

Division of Building and Housing I Personnel and Related Expenses $ 1,592,000 $ — II Other Expenses — 1,592,000

TOTAL COMMUNITY DEVELOPMENT $ 1,592,000 $ 1,592,000

DEPARTMENT OF ECONOMIC DEVELOPMENT

Economic Development I Personnel and Related Expenses $ 150,000 $ —

TOTAL URBAN PLANNING AND DEVELOPMENT $ 1,742,000 $ 1,592,000

DEPARTMENT OF PUBLIC HEALTH

Health Administration II Other Expenses $ — $ 50,000

Division of Correction I Personnel and Related Expenses $ 125,000 $ —

Division of Health I Personnel and Related Expenses $ 280,000 $ —

Division of Environment I Personnel and Related Expenses $ 115,000 $ — II Other Expenses — 115,000

TOTAL DEPARTMENT OF PUBLIC HEALTH $ 520,000 $ 165,000

FINANCIAL AND LEGAL ADMINISTRATION

Division of Accounts I Personnel and Related Expenses $ — $ 60,000 II Other Expenses — 205,000

Bureau of Internal Audit I Personnel and Related Expenses $ — $ 130,000 II Other Expenses 62,000 —

TOTAL DEPARTMENT OF FINANCE $ 62,000 $ 395,000

Office of Budget and Mgmt.—Budget Admin. I Personnel and Related Expenses $ — $ — II Other Expenses — —

Law I Personnel and Related Expenses $ 1,500,000 $ — II Other Expenses — 1,500,000

TOTAL FINANCE AND LEGAL ADMINISTRATION $ 1,562,000 $ 1,895,000 3210 December 27, 2000 The City Record 37

PERSONNEL ADMINISTRATION

Office of Personnel II Other Expenses $ — $ 119,000

TOTAL PERSONNEL ADMINISTRATION $ — $ 119,000

City Planning Commission I Personnel and Related Expenses $ — $ 10,000 II Other Expenses — 35,000

Office of Equal Opportunity I Personnel and Related Expenses $ 50,000 $ — II Other Expenses — 3,000

Board of Building Standards II Other Expenses $ — $ 12,000

Board of Zoning Appeals II Other Expenses $ — $ 16,000

NONDEPARTMENTAL

Transfers to Other Funds II Other Expenses $ — $ 300,000

TOTAL NONDEPARTMENTAL $ — $ 300,000

TOTAL SUPPORT FUNCTIONS $ 1,612,000 $ 2,390,000

TOTAL GENERAL FUND $ 5,956,000 $ 5,956,000

SPECIAL REVENUE FUND

Restricted Income Tax I Capital $ — $ 4,500,000 II Debt Service 4,500,000

Street Construction, Maintenance and Repair I Personnel and Related Expenses $ 800,000 $ — II Other Expenses — 800,000

TOTAL SPECIAL REVENUE FUND $ 5,300,000 $ 5,300,000

INTERNAL SERVICE FUND

Division of Printing and Reproduction I Personnel and Related Expenses $ 66,000 $ — II Other Expenses — 66,000

TOTAL INTERNAL SERVICE FUNDS $ 66,000 $ 66,000

ENTERPRISE FUNDS

DEPARTMENT OF PORT CONTROL

Port Control Administration I Personnel and Related Expenses $ 1,000,000 $ — II Other Expenses — 1,000,000

TOTAL DEPARTMENT OF PORT CONTROL $ 1,000,000 $ 1,000,000

TOTAL ENTERPRISE FUNDS $ 1,000,000 $ 1,000,000

TOTAL GENERAL AND OTHER FUNDS $ 12,322,000 $ 12,322,000

Section 2. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed December 18, 2000. Effective December 19, 2000. 3211 38 The City Record December 27, 2000

Ord. No. 2103-2000. the affirmative vote of two-thirds of Ord. No. 2119-2000. By Councilmen O’Malley and Pat- all the members elected to Council, By Councilmen Rybka, Melena, mon (by departmental request). it shall take effect and be in force Cimperman and Patmon (by depart- An emergency ordinance authoriz- immediately upon its passage and mental request). ing the purchase by contract of approval by the Mayor; otherwise it An emergency ordinance authoriz- labor and materials necessary to shall take effect and be in force ing the Director of Economic Devel- repair or replace Unit #3 First High from and after the earliest period opment to enter into a contract with Service motor at Crown Water allowed by law. C & K Meats, Inc. to provide eco- Plant, for the Division of Water, Passed December 18, 2000. nomic development assistance to Department of Public Utilities. Effective December 27, 2000. partially finance the acquisition of Whereas, this ordinance consti- real and personal property including tutes an emergency measure provid- construction and renovation of real ing for the usual daily operation of property improvements located at a municipal department; now, there- Ord. No. 2118-2000. 7700 Harvard Avenue, Cleveland, fore, By Councilmen Johnson, Melena Ohio, 44105. Be it ordained by the Council of and Patmon (by departmental Whereas, this ordinance consti- the City of Cleveland: request). tutes an emergency measure provid- Section 1. That the Director of An emergency ordinance autho- ing for the usual daily operation of Public Utilities is hereby authorized rizing the Director of Economic a municipal department; now, there- to make a written contract in accor- Development to enter into a First fore, dance with the Charter and the Cod- Amendment to Contract No. 56087 Be it ordained by the Council of ified Ordinances of Cleveland, Ohio, with Shaker Square of Ohio LLC to the City of Cleveland: 1976, for each or all of the follow- provide a grant to finance construc- Section 1. That the Director of ing items: labor and materials nec- tion costs relating to the Shaker Economic Development is hereby essary to repair or replace Unit #3 Square planned retail center. authorized to enter into a contract First High Service motor at Crown Whereas, Ordinance No. 2176-99, with C & K Meats, Inc. to provide Water Plant, to be purchased by the passed by the Council of the City of economic development assistance to Commissioner of Purchases and Sup- Cleveland on January 10, 2000, partially finance the acquisition of plies for a gross price for the Divi- authorized the Director of Econom- real and personal property including sion of Water, Department of Public ic Development to enter into various construction and renovation of real Utilities. agreements relating to the provision property improvements located at Section 2. That the cost of said of economic development financial 7700 Harvard Avenue, Cleveland, contract hereby authorized shall be assistance for the rehabilitation and Ohio, 44105. paid from Fund No. 52 SF 001, development of the Shaker Square Section 2. That the term of said Request No. 33366. Commercial District (“Project”) and loan shall be in accordance with the Section 3. That this ordinance is authorized the Director of Econom- terms as set forth in the Executive hereby declared to be an emergency ic Development to enter into one or Summary contained in File No. 2119- measure and, provided it receives more contracts for financial assis- 2000-A. the affirmative vote of two-thirds of tance for the Project; and Section 3. That the costs of said all the members elected to Council, Whereas, pursuant to the authori- contract shall not exceed One Hun- it shall take effect and be in force ty of Ordinance No. 2176-99, the dred Forty-Four Thousand Dollars immediately upon its passage and Director of Economic Development ($144,000.00), and shall be paid from approval by the Mayor; otherwise it entered into City Contract No. 56087 Fund No. 17 SF 008, Request No. shall take effect and be in force with Shaker Square of Ohio LLC to 26638. from and after the earliest period provide financial assistance for the Section 4. That the Director of allowed by law. Project, which includes the Shaker Economic Development is hereby Passed December 18, 2000. Square planned retail center; and authorized to accept the collateral Effective December 27, 2000. Whereas, it is necessary to enter as set forth in the Executive Sum- into a First Amendment to Contract mary contained in the file refer- No. 56087 with Shaker Square of enced above in order to secure Ohio LLC to provide additional ser- repayment of said loan. Any secu- Ord. No. 2107-2000. vices under that contract; and rity instrument shall be prepared By Councilmen O’Malley and Pat- Whereas, this ordinance consti- and approved by the Director of mon (by departmental request). tutes an emergency measure provid- L a w . An emergency ordinance authoriz- ing for the usual daily operation of Section 5. That the Director of ing the purchase by contract of a municipal department; now, there- Economic Development is hereby labor and materials necessary to fore authorized to accept monies in upgrade ideal motor Unit 29E at the Be it ordained by the Council of repayment of the loan and to deposit Morgan Water Plant, for the Divi- the City of Cleveland: said monies in Fund No. 17 SF 006. sion of Water, Department of Public Section 1. That the Director of Section 6. That the Director of Utilities. Economic Development is hereby Economic Development is hereby Whereas, this ordinance consti- authorized to enter into a First authorized to charge and accept fees tutes an emergency measure provid- Amendment to Contract No. 56087 in an amount not to exceed the max- ing for the usual daily operation of with Shaker Square of Ohio LLC to imum allowable fees under federal a municipal department; now, there- provide a grant in the amount of regulations and expend such fees to fore, $300,000 to finance construction cover costs incurred in the prepara- Be it ordained by the Council of costs relating to the Shaker Square tion of the loan application, closing the City of Cleveland: planned retail center. Said grant and servicing of the loan. Such Ordi- Section 1. That the Director of shall be paid from Fund Nos. 10 SF nance No. fees shall be deposited to Public Utilities is hereby authorized 166 and 17 SF 008, Request No. 26640. and expended from Fund No. 17 SF to make a written contract in accor- Section 2. That this First Amend- 305, Loan Fees Fund. dance with the Charter and the Cod- ment shall be prepared and Section 7. That the Director of ified Ordinances of Cleveland, Ohio, approved by the Director of Law Law is hereby authorized to prepare 1976, for each or all of the follow- and shall contain such provisions as said contract and such other docu- ing items: labor and materials nec- he deems necessary to protect the ments as may be appropriate to com- essary to upgrade ideal motor Unit public interest. plete the transaction. 29E at the Morgan Water Plant, to Section 3. That this ordinance is Section 8. That this ordinance is be purchased by the Commissioner hereby declared to be an emergency hereby declared to be an emergency of Purchases and Supplies for a measure and provided it receives the measure and, provided it receives gross price for the Division of affirmative vote of two-thirds of all the affirmative vote of two-thirds of Water, Department of Public Utili- the members elected to Council, it all the members elected to Council, ties. shall take effect and be in force it shall take effect and be in force Section 2. That the cost of said immediately upon its passage and immediately upon its passage and contract hereby authorized shall be approval by the Mayor; otherwise, it approval by the Mayor; otherwise it paid from Fund No. 52 SF 001, shall take effect and be in force shall take effect and be in force Request No. 33365. from and after the earliest period from and after the earliest period Section 3. That this ordinance is allowed by law. allowed by law. hereby declared to be an emergency Passed December 18, 2000. Passed December 18, 2000. measure and, provided it receives Effective December 27, 2000. Effective December 27, 2000. 3212 December 27, 2000 The City Record 39

Ord. No. 2120-2000. Ord. No. 2154-2000. ing for the usual daily operation of By Councilmen Rybka, Melena, By Councilmen Gordon and Pat- a municipal department; now, there- Cimperman and Patmon (by depart- mon (by departmental request). fore, mental request). An emergency ordinance authoriz- Be it ordained by the Council of An emergency ordinance autho- ing the Director of Public Health to the City of Cleveland: rizing the Director of Economic consent to assignment of Contract Section 1. Notwithstanding and as Development to enter into a con- Nos. 56573 and 56577 from the AIDS an exception to Section 133.24 of the tract with The Feckanin Group LLC Housing Council of Greater Cleve- Codified Ordinances of Cleveland, to provide economic development land, Inc. to the AIDS Taskforce of Ohio, 1976, the Director of Parks, assistance to partially finance the Greater Cleveland. Recreation and Properties is autho- acquisition of real property located Whereas, this ordinance consti- rized to enter into an agreement at 5618 Hamlet Avenue, Cleveland, tutes an emergency measure provid- with Deaconess Hospital, LLC to ing for the usual daily operation of Ohio, 44127. maintain, improve and adopt the fol- a municipal department; now, there- lowing real estate for general recre- Whereas, this ordinance consti- fore, ation purposes belonging to the City tutes an emergency measure provid- Be it ordained by the Council of of Cleveland: ing for the usual daily operation of the City of Cleveland: a municipal department; now, there- Section 1. That the Director of P. P. No. 014-15-010 fore, Public Health is hereby authorized Situated in the City of Cleveland, Be it ordained by the Council of to consent to the request of the County of Cuyahoga and State of the City of Cleveland: AIDS Housing Council of Greater Ohio, and known as Sublot No. 71 in Section 1. That the Director of Cleveland, Inc. (“AHC”) and the the Charles & John Henritze’s allot- Economic Development is hereby AIDS Taskforce of Greater Cleve- ment of part of Original Brooklyn authorized to enter into a contract land (“ATGC”) to assign the deliv- Township Lots Nos. 58 and 63, as with The Feckanin Group LLC to ery obligations of AHC under Con- shown by the recorded plat in Vol- provide economic development assis- tract Nos. 56573 and 56577 to ATGC ume 19 of Maps, Page 14 of Cuya- tance to partially finance the acqui- for the provision of AIDS-related hoga County Records, and being 40 sition of real property, located at services. feet front on the Northerly side of 5618 Hamlet Avenue, Cleveland, Section 2. That the Director of Henritze Avenue and extending Ohio 44127. Public Health is hereby authorized back of equal width 122 feet, as Section 2. That the term of said to execute all documents and do all appears by said plat, be the same loan shall be in accordance with the things necessary and appropriate to more or less, but subject to all legal terms as set forth in the Executive effect such consent to the assign- highways. Summary contained in File No. 2120- ments. A copy of each assignment 2000-A. shall be filed in the office of the P. P. No. 014-15-011 Section 3. That the costs of said Commissioner of Accounts. Situated in the City of Cleveland, contract shall not exceed Thirty Section 3. That these assignments County of Cuyahoga and State of Thousand Dollars ($30,000.00), and shall be prepared and approved by Ohio, and known as Sublot No. 72 in shall be paid from Fund No. 17 SF the Director of Law and shall con- the Charles & John Henritze’s allot- tain such provisions as he deems 008, Request No. 26633. ment of part of Original Brooklyn necessary to protect and benefit the Section 4. That the Director of Township Lots Nos. 58 and 63, as public interest. Economic Development is hereby shown by the recorded plat in Vol- Section 4. That this ordinance is ume 19 of Maps, Page 14 of Cuya- authorized to accept the collateral hereby declared to be an emergency hoga County Records, and being 40 as set forth in the Executive Sum- measure and, provided it receives feet front on the Northerly side of mary contained in the file refer- the affirmative vote of two-thirds of Henritze Avenue and extending enced above in order to secure all the members elected to Council, back of equal width 122 feet, as repayment of said loan. Any secu- it shall take effect and be in force appears by said plat, be the same rity instrument shall be prepared immediately upon its passage and more or less, but subject to all legal and approved by the Director of approval by the Mayor; otherwise it highways. L a w . shall take effect and be in force Such property adoption as autho- Section 5. That the Director of from and after the earliest period rized herein shall not be construed Economic Development is hereby allowed by law. as the conveyance of any right, title authorized to accept monies in Passed December 18, 2000. or interest in public property but repayment of the loan and to Effective December 27, 2000. merely as the grant of a privilege, deposit said monies in Fund No. 17 revocable at will. SF 006. Section 2. That notwithstanding Section 6. That the Director of and as an exception to the provi- Economic Development is hereby Ord. No. 2155-2000. sions of Chapters 181 and 183 of the authorized to charge and accept fees By Councilman O’Malley. Codified Ordinances of Cleveland, in an amount not to exceed the max- An emergency ordinance authoriz- Ohio, 1976, the Director of Public imum allowable fees under federal ing the Director of Parks, Recre- Utilities is authorized to lease to the regulations and expend such fees to ation and Properties to enter into an Cleveland Area Soap Box Derby cover costs incurred in the prepara- agreement with Deaconess Hospital, Association, certain property which tion of the loan application, closing LLC to maintain, improve and adopt is determined to be not needed for and servicing of the loan. Such fees certain real estate belonging to the public use for the term of the lease shall be deposited to and expended City; and authorizing the Director of and which is suitable for operation from Fund No. 17 SF 305, Loan Fees Public Utilities to lease certain City- by the Lessee for the recreational Fund. owned property to the Cleveland purpose of constructing and main- Section 7. That the Director of Area Soap Box Derby Association, taining a soap box derby track. Such Law is hereby authorized to prepare for a term not to exceed twenty property is described in File No. 2155-2000-A. said contract and such other docu- years, with two five-year options to renew both for general recreation Section 3. That the term of the ments as may be appropriate to com- purposes. lease authorized by this ordinance plete the transaction. Whereas, the City of Cleveland shall not exceed twenty years, with Section 8. That this ordinance is owns certain property which is suit- two (2) options exercisable by the hereby declared to be an emergency able for Deaconess Hospital, LLC to Director of Public Utilities, to renew measure and, provided it receives maintain, improve and adopt such for additional five-year terms, and the affirmative vote of two-thirds of property for general recreation pur- cancellable upon thirty days, writ- all the members elected to Council, poses; and ten notice by said Director. it shall take effect and be in force Whereas, the City of Cleveland Section 4. That the property shall immediately upon its passage and owns certain property which is suit- be leased at a rental of $1.00 per approval by the Mayor; otherwise it able for lease and operation by the year. shall take effect and be in force Cleveland Area Soap Box Derby Section 5. That the lease may from and after the earliest period Association for general recreation authorize the Lessee to make allowed by law. purposes; and improvements to the leased premis- Passed December 18, 2000. Whereas, this ordinance consti- es subject to the approval of appro- Effective December 27, 2000. tutes an emergency measure provid- priate City agencies and officials. 3213 40 The City Record December 27, 2000

Section 6. That the lease shall be Codified Ordinances of Cleveland, Section 8. The cost of said con- prepared by the Director of Law and Ohio, 1976, for the requirements for tract shall be charged against the shall contain such authorized terms the period of three months (June, proper appropriation account and and conditions as are required to July and August, 2001) for the the Director of Finance shall certi- protect the interests of the City. breakfast, lunch and snack pro- fy thereon the amount of the initial Section 7. That the Director of gram to be served at nineteen City purchase thereunder, which pur- Public Utilities and the Director of recreation centers and various non- chase, together with all subsequent Law, and other appropriate City offi- profit agencies and such other purchases, shall be made on order of cials, are authorized to execute such agencies or recreation facilities as the Commissioner of Purchases and other documents and certificates, determined by the Director, to be Supplies pursuant to a requisition and take such other actions as may purchased by the Commissioner of against such contract duly certified be necessary or appropriate to effect Purchases and Supplies upon a unit by the Director of Finance. (RL the lease authorized by this ordi- basis for the Division of Recre- 32601) nance. ation, Department of Parks, Recre- Section 9. That, notwithstanding Section 8. That this ordinance is ation and Properties. Bids shall be the provisions of Section 181.24 of hereby declared to be an emergency taken in such manner as to permit the Codified Ordinances of Cleve- measure and, provided it receives an award to be made for all items land, Ohio, 1976, to the contrary, bid- the affirmative vote of two-thirds of as a single contract, or by separate ders for the contracts authorized by all the members elected to Council, contract for each or any combina- this ordinance shall be required to it shall take effect and be in force tion of said items as the Board of submit a bid bond in the amount of immediately upon its passage and Control shall determine. five percent of the amount of the approval by the Mayor; otherwise it Section 4. The cost of said con- bid, as required by United States shall take effect and be in force tract shall be charged against the Treasury Circular 570. from and after the earliest period proper appropriation account, and Section 10. That this ordinance is allowed by law. the Director of Finance shall certi- hereby declared to be an emergency Passed December 18, 2000. fy thereon the amount of the initial measure and, provided it receives Effective December 27, 2000. purchase thereunder, which pur- the affirmative vote of two-thirds of chase, together with all subsequent all the members elected to Council, purchases, shall be made on order of it shall take effect and be in force the Commissioner of Purchases and immediately upon its passage and Ord. No. 2156-2000. Supplies pursuant to a requisition approval by the Mayor; otherwise it By Councilmen Rybka and Pat- against such contract duly certified shall take effect and be in force mon (by departmental request). by the Director of Finance. (RL from and after the earliest period An emergency ordinance authoriz- 32601) allowed by law. ing the Director of Parks, Recre- Section 5. That provided the agen- Passed December 18, 2000. ation and Properties to apply for cies meet the eligibility require- Effective December 27, 2000. and accept a grant from the Ohio ments of the Ohio Department of Department of Education for the Education, the Director of Parks, 2001 Summer Food Program; autho- Recreation and Properties is hereby rizing the purchase by requirement authorized to make written con- Ord. No. 2157-2000. contract of breakfasts, lunches and tracts with the following agencies By Councilmen Cimperman, Mele- snacks for said Program and for and such additional agencies as na and Patmon (by departmental food, food products, beverages, determined by said Director for request). condiments and paper products implementation of the 2001 Summer An emergency ordinance authoriz- needed for a food service operation Food Program: ing the Director of Economic Devel- to be served at Camp George L. opment to enter into Enterprise Forbes as part of said Program, and Broken Pieces Fellowship Church Zone Agreements with Pubco Cor- for the Division of Recreation, Emile deSauze poration, Kelley Avenue Partnership Department of Parks, Recreation El Centro Hispano deJouenes and Smith Corona Corporation to and Properties; and authorizing said New Bethlehem Baptist Church provide for ten year abatements for Director to contract with various St. Paul AME certain tangible personal property non-profit organizations for the 2nd Calvary Baptist Church and real estate taxes as an incen- implementation of said Program. tive to acquire machinery and equip- Whereas, this ordinance consti- Section 6. That the cost of said ment, to transfer and acquire inven- tutes an emergency measure provid- contract hereby authorized shall be tory, and to make improvements to ing for the usual daily operation of paid from the funds or funds to real property at 3830 Kelley Avenue a municipal department; now, there- which are credited the proceeds of located in the Cleveland Area Enter- fore, the grant accepted pursuant to Sec- prise Zone. Be it ordained by the Council of tion 1 of this ordinance, Request No. Whereas, pursuant to Ordinance the City of Cleveland: 32601. No. 948-95, passed June 19, 1995, this Section 1. That the Director of Section 7. That the Director of Council designated an area which is Parks, Recreation and Properties is Parks, Recreation and Properties is in the City of Cleveland and hereby authorized to apply for and hereby authorized to make a writ- described in File No. 948-95-A, as the accept a grant in the approximate ten requirement contract in accor- Cleveland Area Enterprise Zone amount of $250,000.00, from the Ohio dance with the Charter and the (the “Zone”) pursuant to Chapter Department of Education, to conduct Codified Ordinances of Cleveland, 5709 of the Ohio Revised Code; and the 2001 Summer Food Program for Ohio, 1976, for the requirements for Whereas, in August, 1995, the the purposes set forth in the pro- the period of one year for the nec- Director of Development of the State gram description and according essary items of various natural of Ohio determined that the Zone thereto; that the Director of Parks, foods, food products, beverages, contains the characteristics set forth Recreation and Properties is hereby condiments and paper products as in Section 5709.61(A) of the Revised authorized to file all papers and set forth in detail on file in the Code and certified said area as an execute all documents necessary to Office of the Division of Purchases “Urban Jobs and Enterprise Zone” receive the funds under said grant, and Supplies and attached to pursuant to Chapter 5709 of the and that said funds be and they Request No. 32601, to be served as Revised Code; and hereby are appropriated for the pur- part of the meal program at Camp Whereas, Pubco Corporation, Kel- poses set forth in the program George L. Forbes, to be purchased ley Avenue Partnership and Smith description for said grant. by the Commissioner of Purchases Corona Corporation (the “Enter- Section 2. That the program and Supplies upon a unit basis for prises”) have proposed to acquire description for said grant, File No. the Division of Recreation, Depart- machinery and equipment, to trans- 2156-2000-A, made a part hereof as if ment of Parks, Recreation and fer and acquire inventory, and to fully rewritten herein is hereby Properties. Bids shall be taken in make improvements to real proper- approved in all respects. such manner as to permit an award ty at 3830 Kelley Avenue; and Section 3. That the Director of to be made for all items as a sin- Whereas, the Enterprises have Parks, Recreation and Properties is gle contract, or by separate con- certified to the City that, but for hereby authorized to make a writ- tract for each or any combination abatement of personal property and ten requirement contract in accor- of said items as the Board of Con- real estate taxes the Enterprises dance with the Charter and the trol shall determine. would be at competitive disadvan- 3214 December 27, 2000 The City Record 41 tages by operating at this location; Ord. No. 2158-2000. immediately upon its passage and and By Councilmen Patmon and Mele- approval by the Mayor; otherwise it Whereas, this ordinance consti- na (by departmental request). shall take effect and be in force tutes an emergency measure in that An emergency ordinance authoriz- from and after the earliest period the same provides for the immediate ing the Director of Economic Devel- allowed by law. preservation of the public peace, opment to enter into an Empower- Passed December 18, 2000. safety, property, and welfare and ment Zone Section 108 loan and an Effective December 27, 2000. for the further reason that its enact- Economic Development Initiative ment is a necessary prerequisite to Grant Agreement with Famicos providing immediate assistance to Foundation to provide economic create and preserve job opportuni- development assistance to partially Ord. No. 2159-2000. ties and advance and promote com- finance the renovation of real prop- By Councilmen Patmon and Mele- mercial and economic development erty located at 1325 Ansel Road, na (by departmental request). in the City of Cleveland, such assis- Cleveland, Ohio 44106. An emergency ordinance authoriz- tance being immediately necessary Whereas, this ordinance consti- ing the Director of Economic Devel- or such jobs will be lost; now, there- tutes an emergency measure provid- opment to enter into an Empower- fore, ing for the usual daily operation of ment Zone Section 108 loan and an Be it ordained by the Council of a municipal department; now, there- Economic Development Initiative the City of Cleveland: fore, Grant Agreement with Strowder’s Funeral Chapel, Inc. to provide eco- Section 1. That this Council here- Be it ordained by the Council of nomic development assistance to by approves the applications of the the City of Cleveland: partially finance the acquisition and Enterprises for enterprise zone Section 1. That the Director of Economic Development is hereby renovation of real property located incentives on the basis that the authorized to enter into an Empow- at 796-818 East 105th Street, Cleve- Enterprises are qualified by finan- erment Zone Section 108 loan with land, Ohio 44108. cial responsibility and business Famicos Foundation to provide eco- Whereas, this ordinance consti- experience to create and preserve nomic development assistance to tutes an emergency measure provid- employment opportunities in the partially finance the renovation of ing for the usual daily operation of Cleveland Area Enterprise Zone and real property located at 1325 Ansel a municipal department; now, there- to improve the economic climate of Road, Cleveland, Ohio (the “Im- fore, the City of Cleveland. provement”). Be it ordained by the Council of Section 2. That the Director of Section 2. That the Director of the City of Cleveland: Economic Development is autho- Economic Development is hereby Section 1. That the Director of rized to enter into Enterprise Zone authorized to enter into an Eco- Economic Development is hereby Agreements with the Enterprises to nomic Development Initiative Grant authorized to enter into an Empow- provide for ten (10) year abate- Agreement with Famicos Founda- erment Zone Section 108 loan with ments for certain tangible personal tion to provide Economic Develop- Strowder’s Funeral Chapel, Inc. to property and real estate taxes as ment Initiative Grant funds to par- provide economic development as- an incentive to acquire machinery tially finance the above-described sistance to partially finance the and equipment, to transfer and Improvement. acquisition and renovation of real acquire inventory, and to make Section 3. That the terms of said property located at 796-818 East improvements to real property at loan and grant shall be in accor- 105th Street, Cleveland, Ohio (the 3830 Kelley Avenue; said abate- dance with the terms as set forth in “Improvement”). ments shall be subject to annual the Executive Summary contained Section 2. That the Director of review of the Tax Incentive Review in File No. 2158-2000-A. Economic Development is hereby C o u n c i l . Section 4. That the costs of said authorized to enter into an Eco- nomic Development Initiative Grant Section 3. That the terms of said contract shall not exceed a loan tax abatements shall be in accor- amount of $200,000 and a grant Agreement with Strowder’s Funeral Chapel, Inc. to provide Economic dance with the terms as set forth in amount of $50,000. The loan shall be Development Initiative Grant funds the Executive Summary contained paid from Fund Nos. 18 SF 001 and to partially finance the above- in File No. 2157-2000-A. The terms of 18 SF 003 and the grant shall be described Improvement. paid from Fund No. 18 SF 003, said file notwithstanding, the terms Section 3. That the terms of said of the tax abatements shall not be Request No. 13138. loan and grant shall be in accor- amended, nor shall the tax abate- Section 5. That the Director of dance with the terms as set forth in ments be assignable or transferrable Economic Development is hereby the Executive Summary contained to any entity, without the prior leg- authorized and directed to accept in File No. 2159-2000-A. islative authorization by Cleveland collateral as set forth in the Exec- Section 4. That the costs of said City Council. utive Summary contained in the file contract shall not exceed a loan Section 4. That the Director of referenced in this ordinance in order amount of $600,000 and a grant Economic Development is hereby to secure repayment of said loan. amount of $150,000. The loan shall authorized to charge and accept Any security instrument shall be be paid from Fund Nos. 18 SF 001 fees in an amount not to exceed the prepared and approved by the Direc- and 18 SF 003 and the grant shall maximum allowable under Chapter tor of Law. be paid from Fund No. 18 SF 003, 5709 of the Revised Code and such Section 6. That the Director of Request No. 13140. funds are hereby appropriated for Economic Development is hereby Section 5. That the Director of the purposes set forth in Chapter authorized to accept monies in Economic Development is hereby 5709 of the Revised Code. Such fees repayment of the loan and to deposit authorized and directed to accept shall be deposited to and expended said monies in Fund No. 18 SF 002. collateral as set forth in the Exec- from Fund No. 17 SF 305, Loan Fees Section 7. That the Director of utive Summary contained in the file F u n d . Economic Development is hereby referenced in this ordinance in order Section 5. That the Director of authorized to charge and accept fees to secure repayment of said loan. in an amount not to exceed the max- Law shall prepare and approve said Any security instrument shall be imum allowable fees under federal agreements and that said agree- prepared and approved by the Direc- regulations and expend such fees to ments shall contain such terms and tor of Law. cover costs incurred in the prepara- provisions as he deems necessary to Section 6. That the Director of tion of the loan application, closing protect the City’s interest. Economic Development is hereby and servicing of the loan. Such fees authorized to accept monies in Section 6. That this ordinance is shall be deposited and expended repayment of the loan and to deposit hereby declared to be an emergency from Fund No. 18 SF 004. said monies in Fund No. 18 SF 002. measure and, provided it receives Section 8. That the Director of Section 7. That the Director of the affirmative vote of two-thirds of Law is hereby authorized to prepare Economic Development is hereby all the members elected to Council, said contract and such other docu- authorized to charge and accept fees it shall take effect and be in force ments as may be appropriate to com- in an amount not to exceed the max- immediately upon its passage and plete the transaction. imum allowable fees under federal approval by the Mayor; otherwise it Section 9. That this ordinance is regulations and expend such fees to shall take effect and be in force hereby declared to be an emergency cover costs incurred in the prepara- from and after the earliest period measure and, provided it receives tion of the loan application, closing allowed by law. the affirmative vote of two-thirds of and servicing of the loan. Such fees Passed December 11, 2000. all the members elected to Council, shall be deposited and expended Effective December 27, 2000. it shall take effect and be in force from Fund No. 18 SF 004. 3215 42 The City Record December 27, 2000

Section 8. That the Director of Whereas, this ordinance consti- quent purchases, shall be made on Law is hereby authorized to prepare tutes an emergency measure provid- order of the Commissioner of Pur- said contract and such other docu- ing for the usual daily operation of chases and Supplies pursuant to a ments as may be appropriate to com- a municipal department; now, there- requisition against such contract plete the transaction. fore, duly certified by the Director of Section 9. That this ordinance is Be it ordained by the Council of Finance. (RL 6145) hereby declared to be an emergency the City of Cleveland: Section 3. That this ordinance is measure and, provided it receives Section 1. That the Codified Ordi- hereby declared to be an emergency the affirmative vote of two-thirds of nances of Cleveland, Ohio, 1976, are measure and, provided it receives all the members elected to Council, hereby supplemented by enacting the affirmative vote of two-thirds of it shall take effect and be in force new Section 141.28 thereof to read as all the members elected to Council, immediately upon its passage and follows: it shall take effect and be in force approval by the Mayor; otherwise it immediately upon its passage and shall take effect and be in force Section 141.28 Correctional Officer approval by the Mayor; otherwise it from and after the earliest period Training shall take effect and be in force allowed by law. The Director of Public Health is from and after the earliest period Passed December 18, 2000. hereby authorized to enter into allowed by law. Effective December 27, 2000. agreements with educational insti- Passed December 18, 2000. tutions to provide training for cor- Effective December 27, 2000. rections officers employed by the Division of Corrections that meets Ord. No. 2199-2000. the requirements of the Ohio Peace By Councilman Patmon (by de- Officer Training Academy for such Ord. No. 2211-2000. partmental request). officers. By Councilmen Polensek and Pat- An emergency ordinance authoriz- Section 2. That this ordinance is mon (by departmental request). ing the purchase by contract of a hereby declared to be an emergency An emergency ordinance authoriz- MICR laser check printing system, measure and, provided it receives ing the purchase by contract of ser- including but not limited to ancil- the affirmative vote of two-thirds of vice and maintenance of the MGE lary devices, training and mainte- all the members elected to Council, UPS system and equipment at the nance for a period of one year, for it shall take effect and be in force Third District Police Station, for the the Department of Finance, on immediately upon its passage and Division of Police, Department of behalf of the Cleveland Municipal approval by the Mayor; otherwise it Public Safety. Court. shall take effect and be in force Whereas, this ordinance consti- Whereas, this ordinance consti- from and after the earliest period tutes an emergency measure provid- tutes an emergency measure provid- allowed by law. ing for the usual daily operation of ing for the usual daily operation of Passed December 18, 2000. a municipal department; now, there- a municipal department; now, there- Effective December 27, 2000. fore, fore, Be it ordained by the Council of Be it ordained by the Council of the City of Cleveland: the City of Cleveland: Section 1. That the Director of Section 1. That the Director of Ord. No. 2209-2000. Public Safety is hereby authorized Finance, on behalf of the Cleveland By Councilmen Polensek and Pat- to make a written contract in accor- Municipal Court, is hereby autho- mon (by departmental request). dance with the Charter and the Cod- rized to make a written contract in An emergency ordinance authoriz- ified Ordinances of Cleveland, Ohio, accordance with the Charter and the ing the purchase by requirement 1976, for each or all of the follow- Codified Ordinances of Cleveland, contract of DARE supplies, for the ing items: service and maintenance Ohio, 1976, for each or all of the fol- Division of Police, Department of of the MGE UPS system and equip- lowing items: a MICR laser check Public Safety. ment at the Third District Police printing system, including but not Whereas, this ordinance consti- Station, to be purchased by the limited to ancillary devices, training tutes an emergency measure provid- Commissioner of Purchases and Sup- and maintenance for a period of one ing for the usual daily operation of plies upon a unit basis for the Divi- year, to be purchased by the Com- a municipal department; now, there- sion of Police, Department of Public missioner of Purchases and Supplies fore, Safety. for a gross price for the Department Be it ordained by the Council of Section 2. That the cost of said of Finance, on behalf of the Cleve- the City of Cleveland: contract hereby authorized shall be land Municipal Court. Section 1. That the Director of paid from Fund No. 01-600108-611800, Section 2. That the cost of said Public Safety is hereby authorized Request No. 15275. contract hereby authorized shall be to make a written requirement con- Section 3. That this ordinance is paid from Fund No. 01-011601-641400, tract in accordance with the Char- hereby declared to be an emergency Request No. 7954. ter and the Codified Ordinances of measure and, provided it receives Section 3. That this ordinance is Cleveland, Ohio, 1976, for the re- the affirmative vote of two-thirds of hereby declared to be an emergency quirements for the period of one all the members elected to Council, measure and, provided it receives year for the necessary items of it shall take effect and be in force the affirmative vote of two-thirds of DARE supplies in the approximate immediately upon its passage and all the members elected to Council, amount as purchased during the approval by the Mayor; otherwise it it shall take effect and be in force preceding year, to be purchased by shall take effect and be in force immediately upon its passage and the Commissioner of Purchases and from and after the earliest period approval by the Mayor; otherwise it Supplies upon a unit basis for the allowed by law. shall take effect and be in force Division of Police, Department of Passed December 18, 2000. from and after the earliest period Public Safety. Bids shall be taken Effective December 27, 2000. allowed by law. in such manner as to permit an Passed December 18, 2000. award to be made for all items as Effective December 27, 2000. a single contract, or by separate contract for each or any combina- Ord. No. 2213-2000. tion of said items as the Board of By Councilmen Cimperman, Mele- Control shall determine. Alternate na and Patmon (by departmental Ord. No. 2206-2000. bids for a period less than a year request). By Councilmen Gordon, Lewis and may be taken if deemed desirable An emergency ordinance authoriz- Patmon (by departmental request). by the Commissioner of Purchases ing the Director of Economic Devel- An emergency ordinance to sup- and Supplies until provision is made opment to enter into a contract with plement the Codified Ordinances of for the requirements for the entire B & S Realty Associates to provide Cleveland, Ohio, 1976, by enacting y e a r . economic development assistance to new Section 141.28 thereof, relating Section 2. That the cost of said partially finance the acquisition and to authorizing the Director of Pub- contract shall be charged against improvement of real property and lic Health to enter into contract the proper appropriation account the acquisition of personal property with educational institutions for and the Director of Finance shall located at 6017 Superior Avenue, training of corrections officers certify thereon the amount of the Cleveland, Ohio 44103. employed by the Division of Correc- initial purchase thereunder, which Whereas, this ordinance consti- tions. purchase, together with all subse- tutes an emergency measure provid- 3216 December 27, 2000 The City Record 43 ing for the usual daily operation of a municipal department; now, there- a municipal department; now, there- a municipal department; now, there- fore, fore, fore, Be it ordained by the Council of Be it ordained by the Council of Be it ordained by the Council of the City of Cleveland: the City of Cleveland: the City of Cleveland: Section 1. That the Director of Section 1. That the Director of Section 1. That the Director of Economic Development is hereby Economic Development is hereby Economic Development is hereby authorized to enter into a contract authorized to enter into a contract authorized to enter into a contract with Mark A. Rivera Production, with Twisted Pine LLC to provide with B & S Realty Associates to pro- Inc. to provide economic develop- economic development assistance to vide economic development as- ment assistance to partially finance partially finance the acquisition, sistance to partially finance the the acquisition and renovation of construction and making of site acquisition and improvement of real the F.L. Thompson Building located improvements at Parcels 1 and 2 property and the acquisition of per- at 3101 West 25th Street, Cleveland, located in the Walworth Run Indus- sonal property located at 6017 Supe- Ohio. trial Park, Cleveland, Ohio. rior Avenue, Cleveland, Ohio 44103. Section 2. That the term of said Section 2. That the term of said Section 2. That the term of said loan shall be in accordance with the loan shall be in accordance with the loan shall be in accordance with the terms as set forth in the Executive terms as set forth in the Executive terms as set forth in the Executive Summary contained in File No. 2214- Summary contained in File No. 2215- Summary contained in File No. 2213- 2000-A. 2000-A. 2000-A. Section 3. That the costs of said Section 3. That the costs of said Section 3. That the costs of said contract shall not exceed One Hun- contract shall not exceed Three contract shall not exceed Two Hun- dred Twelve Thousand Five Hun- Hundred Thousand Dollars dred Eighty Thousand Dollars dred Dollars ($112,500.00), and shall ($300,000), and shall be paid from ($280,000.00), and shall be paid from be paid from Fund No. 17 SF 008, Fund No. 17 SF 008, Request No. Fund No. 17 SF 008, Request No. Request No. 26642. 26641. 26636. Section 4. That the Director of Section 4. That the Director of Section 4. That the Director of Economic Development is hereby Economic Development is hereby Economic Development is hereby authorized to accept the collateral authorized to accept the collateral authorized to accept the collateral as set forth in the Executive Sum- as set forth in the Executive Sum- as set forth in the Executive Sum- mary contained in the file refer- mary contained in the file refer- mary contained in the file refer- enced above in order to secure enced above in order to secure enced above in order to secure repayment of said loan. Any securi- repayment of said loan. Any secu- repayment of said loan. Any securi- ty instrument shall be prepared and rity instrument shall be prepared ty instrument shall be prepared and approved by the Director of Law. and approved by the Director of approved by the Director of Law. Section 5. That the Director of L a w . Section 5. That the Director of Economic Development is hereby Section 5. That the Director of Economic Development is hereby authorized to accept monies in Economic Development is hereby authorized to accept monies in repayment of the loan and to deposit authorized to accept monies in repayment of the loan and to deposit said monies in Fund No. 17 SF 006. repayment of the loan and to deposit said monies in Fund No. 17 SF 006. Section 6. That the Director of said monies in Fund No. 17 SF 006. Section 6. That the Director of Economic Development is hereby Section 6. That the Director of Economic Development is hereby authorized to charge and accept fees Economic Development is hereby authorized to charge and accept fees in an amount not to exceed the max- in an amount not to exceed the max- imum allowable fees under federal authorized to charge and accept fees imum allowable fees under federal regulations and expend such fees to in an amount not to exceed the max- regulations and expend such fees to cover costs incurred in the prepara- imum allowable fees under federal cover costs incurred in the prepara- tion of the loan application, closing regulations and expend such fees to tion of the loan application, closing and servicing of the loan. Such fees cover costs incurred in the prepara- and servicing of the loan. Such fees shall be deposited to and expended tion of the loan application, closing shall be deposited to and expended from Fund No. 17 SF 305, Loan Fees and servicing of the loan. Such fees from Fund No. 17 SF 305, Loan Fees Fund. shall be deposited to and expended Fund. Section 7. That the Director of from Fund No. 17 SF 305, Loan Fees Section 7. That the Director of Law is hereby authorized to prepare Fund. Law is hereby authorized to prepare said contract and such other docu- Section 7. That the Director of said contract and such other docu- ments as may be appropriate to com- Law is hereby authorized to prepare ments as may be appropriate to com- plete the transaction. said contract and such other docu- plete the transaction. Section 8. That this ordinance is ments as may be appropriate to com- Section 8. That this ordinance is hereby declared to be an emergency plete the transaction. hereby declared to be an emergency measure and, provided it receives Section 8. That the design of the measure and, provided it receives the affirmative vote of two-thirds of project authorized herein shall be the affirmative vote of two-thirds of all the members elected to Council, reviewed by the Design Review all the members elected to Council, it shall take effect and be in force Committee and the City Planning it shall take effect and be in force immediately upon its passage and Commission. immediately upon its passage and approval by the Mayor; otherwise it Section 9. That a condition of the approval by the Mayor; otherwise it shall take effect and be in force agreement authorized herein shall shall take effect and be in force from and after the earliest period be that Twisted Pine LLC shall from and after the earliest period allowed by law. make certain improvements to Per- allowed by law. Passed December 18, 2000. manent Parcel Nos. 006-20-068 and Passed December 18, 2000. Effective December 27, 2000. 006-20-140, which improvement work Effective December 27, 2000. shall begin no later than April 2001 and shall be completed no later than May 2001. The certain improvements Ord. No. 2215-2000. shall include, but shall not be lim- Ord. No. 2214-2000. By Councilmen Melena, Cimper- ited to, the following: By Councilmen Cintron, Melena man and Patmon (by departmental a) install storm sewer in accor- and Patmon (by departmental re- request). dance with originally approved quest). An emergency ordinance authoriz- plans; An emergency ordinance authoriz- ing the Director of Economic Devel- b) regrade existing aggregate ing the Director of Economic Devel- opment to enter into a contract with parking area to shape of 17 car opment to enter into a contract with Twisted Pine LLC to provide eco- parking lot. Install an aggregate Mark A. Rivera Production, Inc. to nomic development assistance to leveling course and apply a finish provide economic development assis- partially finance the acquisition, of ODOT Item 409 bituminous seal tance to partially finance the acqui- construction and making of site and cover aggregate with concrete sition and renovation of the F.L. improvements at Parcels 1 and 2 cures; Thompson Building located at 3101 located in the Walworth Run Indus- c) remove and replace existing West 25th Street, Cleveland, Ohio. trial Park, Cleveland, Ohio. concrete apron sidewalk entry to the Whereas, this ordinance consti- Whereas, this ordinance consti- new parking lot; tutes an emergency measure provid- tutes an emergency measure provid- d) install a six foot tall board ing for the usual daily operation of ing for the usual daily operation of fence along the southern property 3217 44 The City Record December 27, 2000 line with plantings beyond the fence preservation of the public peace, shall include, but shall not be lim- line and a five foot fence along W. safety, property, and welfare and ited to, the following: 45th Pl. in front of guardrail; for the further reason that its enact- a) install storm sewer in accordance e) install a five foot tall decora- ment is a necessary prerequisite to with originally approved plans; tive metal fence and gate along W. providing immediate assistance to b) regrade existing aggregate 45th St. property line with plantings; create and preserve job opportuni- parking area to shape of 17 car and ties and advance and promote com- parking lot. Install an aggregate f) remaining areas to be graded mercial and economic development leveling course and apply a finish and planted with grass. in the City of Cleveland, such assis- of ODOT Item 409 bituminous seal Section 10. That this ordinance is tance being immediately necessary and cover aggregate with concrete hereby declared to be an emergency or such jobs will be lost; now, there- cures; measure and, provided it receives fore, c) remove and replace existing the affirmative vote of two-thirds of Be it ordained by the Council of concrete apron sidewalk entry to the all the members elected to Council, the City of Cleveland: new parking lot; it shall take effect and be in force Section 1. That this Council here- d) install a six foot tall board immediately upon its passage and by approves the applications of the fence along the southern property approval by the Mayor; otherwise it Enterprises for enterprise zone line with plantings beyond the fence shall take effect and be in force incentives on the basis that the line and a five foot fence along W. from and after the earliest period Enterprises are qualified by finan- 45th Pl. in front of guardrail; allowed by law. cial responsibility and business e) install a five foot tall decora- Passed December 18, 2000. experience to create and preserve tive metal fence and gate along W. Effective December 27, 2000. employment opportunities in the 45th St. property line with plantings; Cleveland Area Enterprise Zone and and to improve the economic climate of f) remaining areas to be graded the City of Cleveland. and planted with grass. Section 7. That this ordinance is Ord. No. 2216-2000. Section 2. That the Director of hereby declared to be an emergency By Councilmen Melena and Pat- Economic Development is autho- rized to enter into an Enterprise measure and, provided it receives mon (by departmental request). the affirmative vote of two-thirds of An emergency ordinance authoriz- Zone Agreement with Twisted Pine LLC to provide for a sixty percent all the members elected to Council, ing the Director of Economic Devel- it shall take effect and be in force opment to enter into Enterprise (60%) ten (10) year abatement for real estate taxes as an incentive to immediately upon its passage and Zone Agreements with Twisted Pine approval by the Mayor; otherwise it LLC and Great Lakes Merchant Ser- acquire and improve real property at Parcel 1 and 2 on Walworth shall take effect and be in force vices to provide for ten year abate- from and after the earliest period ments for certain tangible personal Avenue in Walworth Industrial Park. Also, that the Director of Eco- allowed by law. property and real estate taxes as an Passed December 18, 2000. incentive to acquire machinery and nomic Development is authorized to enter into an Enterprise Zone Agree- Effective December 27, 2000. equipment and to lease real proper- ment with Great Lakes Merchant ty at 4507 Lorain Avenue and Services to provide for a sixty per- improve real property on Walworth cent (60%) ten (10) year abatement Avenue and to acquire personal for certain tangible personal prop- Ord. No. 2263-A-2000 (As a substi- property to be located on 4507 erty taxes as an incentive to acquire tute for Ord. No. 2263-2000). Lorain Avenue and Walworth personal property to be located at By Councilman Patmon. Avenue located in the Cleveland 4507 Lorain Avenue and at Parcel 1 An emergency ordinance requiring Area Enterprise Zone. and 2 on Walworth Avenue in Wal- the Manager of the Division of Whereas, pursuant to Ordinance worth Industrial Park; said abate- Internal Audit to provide to the No. 948-95, passed June 19, 1995, this ments shall be subject to annual Council President and the Council Council designated an area which is review of the Tax Incentive Review Finance Committee Chairman all in the City of Cleveland and Council. reports, information and data ob- described in File No. 948-95-A, as the Section 3. That the terms of said tained in the course of his or her Cleveland Area Enterprise Zone tax abatements shall be in accor- duties as Manager of the Division of (the “Zone”) pursuant to Chapter dance with the terms as set forth in Internal Audit. 5709 of the Ohio Revised Code; and the Executive Summary contained Whereas, this ordinance consti- Whereas, in August, 1995, the in File No. 2216-2000-A. The terms of tutes an emergency measure provid- Director of Development of the State said file notwithstanding, the terms ing for the usual daily operation of of Ohio determined that the Zone of the tax abatements shall not be a municipal department; now, there- contains the characteristics set forth amended, nor shall the tax abate- fore in Section 5709.61(A) of the Revised ments be assignable or transferrable Be it ordained by the Council of Code and certified said area as an to any entity, without the prior leg- the City of Cleveland: “Urban Jobs and Enterprise Zone” islative authorization by Cleveland Section 1. That, notwithstanding pursuant to Chapter 5709 of the City Council. and as an exception to the Codified Revised Code; and Section 4. That the Director of Ordinances of the City of Cleveland, Whereas, Twisted Pine LLC and Economic Development is hereby 1976, the Manager of the Division of Great Lakes Merchant Services (the authorized to charge and accept Internal Audit is hereby required to “Enterprises”) have proposed certain fees in an amount not to exceed the provide to the Council President and economic development activities maximum allowable under Chapter the Council Finance Committee Chair- within the Zone; and 5709 of the Revised Code and such man all reports, information and data Whereas, Twisted Pine LLC has funds are hereby appropriated for obtained in the course of his or her proposed to acquire and improve the purposes set forth in Chapter duties as Manager of the Division of real property at Parcel 1 and 2 on 5709 of the Revised Code. Such fees Internal Audit. Said reports, informa- Walworth Avenue in Walworth shall be deposited to and expended tion and data shall be provided to the Industrial Park; and from Fund No. 17 SF 305, Loan Fees Council contemporaneously with the Whereas, Great Lakes Merchant F u n d . information given to the administra- Services has proposed to acquire Section 5. That the Director of tion of the City. personal property to be located at Law shall prepare and approve said Section 2. That this ordinance is 4507 Lorain Avenue and at Parcel 1 agreements and that said agree- hereby declared to be an emergency and 2 on Walworth Avenue in Wal- ments shall contain such terms and measure and, provided it receives worth Industrial Park; and provisions as he deems necessary to the affirmative vote of two-thirds of Whereas, the Enterprises have protect the City’s interest. all the members elected to Council, certified to the City that, but for Section 6. That a condition of the it shall take effect and be in force abatement of personal property and agreement authorized herein shall immediately upon its passage and real estate taxes the Enterprises be that Twisted Pine LLC shall approval by the Mayor; otherwise it would be at competitive disadvan- make certain improvements to Per- shall take effect and be in force tages by operating at this location; manent Parcel Nos. 006-20-068 and from and after the earliest period and 006-20-140, which improvement work allowed by law. Whereas, this ordinance consti- shall begin no later than April 2001 Passed December 18, 2000. tutes an emergency measure in that and shall be completed no later than Effective December 27, 2000, with- the same provides for the immediate May 2001. The certain improvements out the signature of the Mayor. 3218 December 27, 2000 The City Record 45

Ord. No. 2264-2000. By Councilman Patmon (by departmental request). An emergency ordinance to make temporary appropriation for the current payrolls and other ordinary expens- es of the City of Cleveland for the period from January 1, 2001 until the effective date of the annual appropria- tion ordinance for the fiscal year ending December 31, 2001. Whereas, it is desired to postpone the passage of the annual appropriation ordinance until the amended certificate is received, based on the actual balances as the same may be determined by the Director of Finance and the County Budget Commission; and Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. To provide for the current payrolls, sinking fund and other ordinary expenses of the City of Cleveland for the period from January 1, 2001, until the effective date of the Annual Appropriation Ordinance for the fiscal year ending December 31, 2001, there be and there is hereby appropriated for the period from January 1, 2001, to the effective date of the Annual appropriation Four hundred nine million seven hundred seventeen thousand five dollars ($409,717,005) out of taxes due the City of Cleveland and any other revenues accrued or occurring during said period of time and said funds are respectively appropriated as follows:

GENERAL FUND

LEGISLATIVE BRANCH

Council and Clerk of Council $1,382,890 I. Personnel and Related Expenses $918,830 II. Other Expenses 464,060

TOTAL LEGISLATIVE BRANCH $1,382,890 $1,382,890

MUNICIPAL COURT

Judicial Division $5,435,819 I Personnel and Related Expenses $4,311,434 II. Other Expenses 1,124,384

Clerks Division $3,670,502 I. Personnel and Related Expenses $2,390,874 II. Other Expenses 1,279,628

Housing Division $577,221 I. Personnel and Related Expenses $543,986 II. Other Expenses 33,236

TOTAL MUNICIPAL COURT $9,683,542 $9,683,542

EXECUTIVE BRANCH

Office of the Mayor $522,780 I. Personnel and Related Expenses $423,007 II. Other Expenses 99,773

TOTAL EXECUTIVE BRANCH $522,780 $522,780

DEPARTMENT OF PUBLIC SAFETY

Public Safety Administration $3,776,440 I. Personnel and Related Expenses $3,434,807 II. Other Expenses 341,633

Division of Police $60,859,155 I. Personnel and Related Expenses $55,834,370 II. Other Expenses 5,024,785

Division of Fire $28,428,213 I. Personnel and Related Expenses $26,823,804 II. Other Expenses 1,604,410

Division of Emergency Medical Services $6,115,659 I. Personnel and Related Expenses $5,575,586 II. Other Expenses 540,073

Division of Traffic Engineering $1,669,044 I. Personnel and Related Expenses $993,032 II. Other Expenses 676,012

Division of Dog Pound $329,212 I. Personnel and Related Expenses $219,602 II. Other Expenses 109,610

TOTAL DEPARTMENT OF PUBLIC SAFETY $101,177,724 101,177,724 3219 46 The City Record December 27, 2000

COMMUNITY RELATIONS BOARD

Community Relations Board $336,850 I. Personnel and Related Expenses $307,480 II. Other Expenses 29,370

TOTAL COMMUNITY RELATIONS BOARD $336,850 $336,850

DEPARTMENT OF PUBLIC SERVICE

Public Service Administration $130,956 I. Personnel and Related Expenses $122,239 II. Other Expenses 8,717

Division of Architecture $194,915 I. Personnel and Related Expenses $174,686 II. Other Expenses 20,229

Division of Waste Collection and Disposal $11,641,282 I. Personnel and Related Expenses $7,022,929 II. Other Expenses 4,618,353

Division of Engineering and Construction $1,885,912 I. Personnel and Related Expenses $1,678,529 II. Other Expenses 207,383

TOTAL DEPARTMENT OF PUBLIC SERVICE $13,853,065 $13,853,065

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Parks, Recreation, and Prop. Admin. $223,176 I. Personnel and Related Expenses $201,283 II. Other Expenses 21,894

Division of Research, Planning, and Dev. $220,236 I. Personnel and Related Expenses $178,800 II. Other Expenses 41,436

Division of Recreation $3,409,220 I. Personnel and Related Expenses $2,308,908 II. Other Expenses 1,100,312

Division of Parking Facilities-On Street $390,320 I. Personnel and Related Expenses $286,908 II. Other Expenses 103,412

Division of Property Management $4,220,857 I. Personnel and Related Expenses $3,052,094 II. Other Expenses 1,168,763

Division of Park Maintenance and Properties $3,714,353 I. Personnel and Related Expenses $2,741,779 II. Other Expenses 972,574

TOTAL PARKS, RECREATION,AND PROPERTIES $12,178,163 $12,178,163

BOXING AND WRESTLING COMMISSION

Boxing and Wrestling Commission $2,805 I. Personnel and Related Expenses $2,805 II. Other Expenses —

TOTAL BOXING AND WRESTLING COMMISSION $2,805 $2,805

URBAN PLANNING AND DEVELOPMENT DEPARTMENT OF COMMUNITY DEVELOPMENT

Director’s Office $37,433 I. Personnel and Related Expenses $37,433

Division of Administrative Services $472,000 I. Personnel and Related Expenses $472,000 3220 December 27, 2000 The City Record 47

Division of Building and Housing $3,285,457 I. Personnel and Related Expenses $2,984,250 II. Other Expenses 301,207

Division of Neighborhood Services $297,750 I. Personnel and Related Expenses $297,750

Division of Neighborhood Development $529,154 I. Personnel and Related Expenses $432,250 II. Other Expenses 96,904

TOTAL COMMUNITY DEVELOPMENT $4,621,794 $4,621,794

REGULATORY BOARDS AND COMMISSIONS

Landmarks Commission $40,181 I. Personnel and Related Expenses $34,342 II. Other Expenses 5,839

Bd. of Bldg. Standards and Appeals $46,309 I. Personnel and Related Expenses $42,166 II. Other Expenses 4,143

Board of Zoning Appeals $94,120 I. Personnel and Related Expenses $87,444 II. Other Expenses 6,676

Bd. of Examiners of Plumbers and Elect. $41,645 I. Personnel and Related Expenses $39,996 II. Other Expenses 1,650

Fair Campaign Finance Commission $5,911 II. Other Expenses $5,911

TOTAL REGULATORY BOARDS $228,166 $228,166

DEPARTMENT OF ECONOMIC DEVELOPMENT

Economic Development $476,584 I. Personnel and Related Expenses $444,223 II. Other Expenses 32,361

Office of Equal Opportunity $336,494 I. Personnel and Related Expenses $260,341 II. Other Expenses 76,153

City Planning Commission $543,666 I. Personnel and Related Expenses $522,355 II. Other Expenses 21,311

Port Control-Harbor Development $22,234 I. Personnel and Related Expenses $22,234 II. Other Expenses —

TOTAL URBAN PLANNING AND DEVELOPMENT $1,378,978 $1,378,978

DEPARTMENT OF PUBLIC HEALTH

DEPARTMENT OF PUBLIC HEALTH Health Administration $279,329 I. Personnel and Related Expenses $215,750 II. Other Expenses 63,579

Division of Correction $2,682,940 I. Personnel and Related Expenses $1,995,636 II. Other Expenses 687,304

Division of Health $1,204,610 I. Personnel and Related Expenses $882,646 II. Other Expenses 321,964

Division of Environment $799,936 I. Personnel and Related Expenses $693,999 II. Other Expenses 105,938

TOTAL DEPARTMENT OF PUBLIC HEALTH $4,966,816 $4,966,816 3221 48 The City Record December 27, 2000

DEPARTMENT OF AGING

DEPARTMENT OF AGING $100,539 I. Personnel and Related Expenses $81,798 II. Other Expenses 18,740

TOTAL DEPARTMENT OF AGING $100,539 $100,539

SUPPORT FUNCTIONS FINANCIAL AND LEGAL ADMINISTRATION

DEPARTMENT OF FINANCE

Finance Administration $144,558 I. Personnel and Related Expenses $124,935 II. Other Expenses 19,624

Division of Accounts $617,387 I. Personnel and Related Expenses $ 262,382 II. Other Expenses 355,005

Division of Assessments and Licenses $369,032 I. Personnel and Related Expenses $289,496 II. Other Expenses 79,536

Division of Treasury $137,766 I. Personnel and Related Expenses $113,709 II. Other Expenses 24,057

Division of Purchases and Supplies $228,754 I. Personnel and Related Expenses $185,252 II. Other Expenses 43,502

Bureau of Internal Audit $290,316 I. Personnel and Related Expenses $95,425 II. Other Expenses 194,891

Division of Financial Reporting and Control $362,185 I. Personnel and Related Expenses $314,212 II. Other Expenses 47,973

TOTAL DEPARTMENT OF FINANCE $2,149,998 $2,149,998

Office of Budget and Mgmt.-Budget Admin. $165,537 I. Personnel and Related Expenses $137,560 II. Other Expenses 27,977

Law $2,742,597 I. Personnel and Related Expenses $1,669,059 II. Other Expenses 1,073,539

TOTAL FINANCE AND LEGAL ADMINISTRATION $5,058,132 $5,058,132

PERSONNEL ADMINISTRATION

Office of Personnel $982,793 I. Personnel and Related Expenses $426,826 II. Other Expenses 555,968

Civil Service Commission $770,023 I. Personnel and Related Expenses $270,106 II. Other Expenses 499,917

TOTAL PERSONNEL ADMINISTRATION $1,752,817 $1,752,817

NONDEPARTMENTAL

TRANSFERS TO OTHER FUNDS $13,364,160 II. Other Expenses $13,364,160

OTHER ADMINISTRATIVE $9,823,830 II. Other Expenses $9,823,830

TOTAL NONDEPARTMENTAL $23,187,990 $23,187,990

TOTAL SUPPORT FUNCTIONS $29,998,939 $29,998,939

TOTAL GENERAL FUND $180,433,051 $180,433,051 3222 December 27, 2000 The City Record 49

SPECIAL REVENUE FUND

Restricted Income Tax $29,039,144 I. Capital $17,039,144 II. Debt Service 12,000,000

Schools Recreation & Cultural Activities $2,000,000 II. Other Expenses $2,000,000

Street Construction, Maintenance $13,595,435 I. Personnel and Related Expenses $5,919,323 II. Other Expenses 7,676,112

TOTAL SPECIAL REVENUE FUND $44,634,579 $44,634,579

INTERNAL SERVICE FUND

Information Systems Services-Telecommunications $2,209,006 I. Personnel and Related Expenses $123,668 II. Other Expenses 2,085,338

Information Systems Services $1,317,541 I. Personnel and Related Expenses $540,032 II. Other Expenses 777,509

Division of Motor Vehicle Maintenance $7,518,977 I. Personnel and Related Expenses $1,913,977 II. Other Expenses 5,605,000

Division of Printing and Reproduction $548,078 I. Personnel and Related Expenses $214,313 II. Other Expenses 333,764

City Storeroom and Central Warehouse $464,818 I. Personnel and Related Expenses $36,935 II. Other Expenses 427,883

TOTAL INTERNAL SERVICE FUNDS $12,058,419 $12,058,419

ENTERPRISE FUNDS

DEPARTMENT OF PUBLIC UTILITIES

Utilities Administration $471,104 I. Personnel and Related Expenses $303,480 II. Other Expenses 167,624

Division of Fiscal Control $576,127 I. Personnel and Related Expenses $532,238 II. Other Expenses 43,888

Division of Radio $1,035,107 I. Personnel and Related Expenses $34,960 II. Other Expenses 1,000,147

Division of Water $77,744,570 I. Personnel and Related Expenses $24,095,365 II. Other Expenses 53,649,204

Division of Water Pollution Control $8,109,460 I. Personnel and Related Expenses $2,908,773 II. Other Expenses 5,200,687

Division of Cleveland Public Power $37,969,831 I. Personnel and Related Expenses $8,839,801 II. Other Expenses 29,130,029

TOTAL DEPARTMENT OF PUBLIC UTILITIES $124,871,091 $124,871,091 3223 50 The City Record December 27, 2000

DEPARTMENT OF PORT CONTROL

Airports - Operations $27,395,932 I. Personnel and Related Expenses $7,121,293 II. Other Expenses 20,274,639 Airports - Development $7,059 II. Other Expenses $7,059

TOTAL DEPARTMENT OF PORT CONTROL $27,402,991 $27,402,991

DEPARTMENT OF PARKS, RECREATION AND PROPERTIES

Division of Cemeteries $703,730 I. Personnel and Related Expenses $483,836 II. Other Expenses 219,895

Golf Course Fund $726,529 I. Personnel and Related Expenses $243,605 II. Other Expenses 482,924

Division Parking Facilities-Off Street $4,759,651 I. Personnel and Related Expenses $260,933 II. Other Expenses 4,498,718

Convention Center & Stadium-Convention Ctr $2,356,273 I. Personnel and Related Expenses $894,852 II. Other Expenses 1,461,421

Convention Center & Stadium-Market $418,285 I. Personnel and Related Expenses $128,932 II. Other Expenses 289,353

Property Management - East Side Market $83,851 I. Personnel and Related Expenses $26,826 II. Other Expenses 57,025

TOTAL PARKS, RECREATION, & PROPERTIES $9,048,319 $9,048,319

TOTAL ENTERPRISE FUNDS $161,322,401 $161,322,401

AGENCY FUND

Central Collection Agency $1,906,566 I. Personnel and Related Expenses $1,196,794 II. Other Expenses 709,771

TOTAL AGENCY FUND $1,906,566 $1,906,566

DEBT SERVICE FUND

Sinking Fund Commission $8,911,989 I. Personnel and Related Expenses $48,923 II. Other Expenses 61,619 III. Debt Service 8,801,446

Stadium Fund $450,000 I. Debt Service $450,000

TOTAL DEBT SERVICE FUND $9,361,989 $9,361,989

TOTAL OTHER FUNDS $219,921,965 $219,921,965

TOTAL GENERAL FUND $180,433,051 $180,433,051

TOTAL GENERAL AND OTHER FUNDS $409,717,005 $409,717,005

Section 2. That all expenditures and payments made under and pursuant to the ordinance appropriating such sum or sums of money shall be charged against the annual appropriation ordinance for the fiscal year ending December 31, 2001, when such appropriation ordinance shall become effective, and to the various departments and divisions and payment of whose officers and employees and operating expenses such sum or sums of money here- under shall then have paid out or expended. Provided, however, that no payment shall be made under the author- ity of this ordinance after the effective date of said Annual Appropriation Ordinance for the fiscal year ending December 31, 2001. Section 3. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed December 18, 2000. Effective December 20, 2000. 3224 December 27, 2000 The City Record 51

Ord. No. 2269-2000. Be it ordained by the Council of Ord. No. 2316-2000. By Councilmen Gordon and Pat- the City of Cleveland: By Councilman Cintron. mon (by departmental request). Section 1. That the Director of An emergency ordinance authoriz- An emergency ordinance to amend Community Development is autho- ing the Director of Community Section 3 of Ordinance No. 1711-99, rized to enter into grant agreement Development to enter into an agree- passed November 22, 1999, relating to with the Salvation Army Greater ment with Spanish American Com- the Director of Public Health apply- Cleveland Area Services for a secu- mittee for holiday food basket and ing and accepting a grant from the rity system for the 2100 Lakeside gift program in order to carry out Ohio Department of Health for the Avenue men’s shelter and surround- the public purpose of provision of 2000 AIDS Prevention Program and ing area, in order to carry out the food for needy families, toys for to enter into contract with various public purpose of the provision of underprivileged children and the agencies to implement the program. social services, through the use of provision of social services, through Whereas, this ordinance constitutes Ward 13 Neighborhood Equity Funds. the use of Ward 14 Neighborhood an emergency measure providing for Section 2. That the cost of said Equity Funds. the usual daily operation of a munic- contract shall be in an amount not Whereas, this ordinance consti- ipal department; now, therefore, to exceed $5,000 and shall be paid tutes an emergency measure provid- Be it ordained by the Council of from Fund No. 10 SF 166. ing for the usual daily operation of the City of Cleveland: Section 3. That the Director of a municipal department; now, there- Section 1. That Section 3 of Ordi- Law shall prepare and approve said fore, nance No. 1711-99, passed November contract and that the contract shall Be it ordained by the Council of 22, 1999, is hereby amended to read contain such terms and provisions the City of Cleveland: as follows: as he deems necessary to protect the Section 1. That the Director of Section 3. That the Director of City’s interest. Community Development is autho- Public Health is hereby authorized Section 4. That this ordinance is rized to enter into an agreement to enter into one or more contracts hereby declared to be an emergency with Spanish American Committee for the implementation of the pro- measure and, provided it receives gram as described in the application the affirmative vote of two-thirds of for holiday food basket and gift pro- contained in the file, payable from all the members elected to Council, gram in order to carry out the pub- the fund or funds to which are cred- it shall take effect and be in force lic purpose of provision of food for ited the grant proceeds accepted immediately upon its passage and needy families, toys for underprivi- pursuant to Section 1 of this ordi- approval by the Mayor; otherwise it leged children and the provision of nance with the following agencies, shall take effect and be in force social services, through the use of in the following amounts: from and after the earliest period Ward 14 Neighborhood Equity allowed by law. Funds. Agency Amount Passed December 18, 2000. Section 2. That the cost of said Effective December 27, 2000. contract shall be in an amount not Cleveland Treatment to exceed $10,000 and shall be paid Center $204,000.00 from Fund No. 10 SF 166. Section 3. That the Director of HUMADOP 78,175.00 Ord. No. 2315-2000. Law shall prepare and approve said By Councilman Cimperman. contract and that the contract shall Free Clinic of Greater An emergency ordinance authoriz- contain such terms and provisions Cleveland 94,500.00 ing the Director of Community as he deems necessary to protect the Development to enter into an agree- City’s interest. BlackOut Unlimited 20,000.00 ment with Cuyahoga Metropolitan Section 4. That this ordinance is Housing Authority for various hereby declared to be an emergency AIDS Taskforce of enrichment programs for the resi- measure and, provided it receives Greater Cleveland 331,000.00 dents and children of Lakeview Ter- the affirmative vote of two-thirds of race Estates, Riverview Towers and all the members elected to Council, Neighborhood Counseling Bohn Tower, in order to carry out it shall take effect and be in force Service, Inc. the public purpose of the provision immediately upon its passage and 20,000.00 of social services through the use of approval by the Mayor; otherwise it Ward 13 Neighborhood Equity shall take effect and be in force NEON 33,325.00 Funds. from and after the earliest period Whereas, this ordinance consti- allowed by law. Xchange Point 20,000.00 tutes an emergency measure provid- Passed December 18, 2000. ing for the usual daily operation of Effective December 27, 2000. Section 2. That existing Section 3 a municipal department; now, there- of Ordinance No. 1711-99, passed fore, November 22, 1999, is hereby re- Be it ordained by the Council of pealed. the City of Cleveland: Ord. No. 2317-2000. Section 3. That this ordinance is Section 1. That the Director of By Councilman Cintron. hereby declared to be an emergency Community Development is autho- An emergency ordinance to repeal measure and, provided it receives rized to enter into an agreement Ordinance No. 1126-2000, passed June the affirmative vote of two-thirds of with Cuyahoga Metropolitan Hous- 19, 2000 relating to establishing an all the members elected to Council, ing Authority for various enrich- equalized rent structure for all inte- it shall take effect and be in force ment programs for the residents and rior tenants of the West Side Mar- immediately upon its passage and children of Lakeview Terrace approval by the Mayor; otherwise, it ket. Estates, Riverview Towers and Whereas, this ordinance consti- shall take effect and be in force Bohn Tower, in order to carry out tutes an emergency measure provid- from and after the earliest period the public purpose of the provision ing for the usual daily operation of allowed by law. of social services. a municipal department; now, there- Passed December 18, 2000. Section 2. That the cost of said Effective December 27, 2000. contract shall be in an amount not fore, to exceed $20,000 and shall be paid Be it ordained by the Council of from Fund No. 10 SF 166. the City of Cleveland: Section 3. That the Director of Section 1. That Ordinance No. 1126- Ord. No. 2314-2000. Law shall prepare and approve said 2000, passed June 19, 2000 relating By Councilman Cimperman. contract and that the contract shall to establishing an equalized rent An emergency ordinance authoriz- contain such terms and provisions structure for all interior tenants of ing the Director of Community as he deems necessary to protect the the West Side Market, is hereby Development to enter into a grant City’s interest. repealed. agreement with the Salvation Army Section 4. That this ordinance is Section 2. That this ordinance is Greater Cleveland Area Services for hereby declared to be an emergency hereby declared to be an emergency a security system for the 2100 Lake- measure and, provided it receives measure and, provided it receives side Avenue men’s shelter and sur- the affirmative vote of two-thirds of the affirmative vote of two-thirds of rounding area, in order to carry out all the members elected to Council, all the members elected to Council, the public purpose of the provision it shall take effect and be in force it shall take effect and be in force of social services, through the use immediately upon its passage and immediately upon its passage and of Ward 13 Neighborhood Equity approval by the Mayor; otherwise it approval by the Mayor; otherwise it Funds. shall take effect and be in force shall take effect and be in force Whereas, this ordinance constitutes from and after the earliest period from and after the earliest period an emergency measure providing for allowed by law. allowed by law. the usual daily operation of a munic- Passed December 18, 2000. Passed December 18, 2000. ipal department; now, therefore, Effective December 27, 2000. Effective December 27, 2000. 3225 52 The City Record December 27, 2000

Ord. No. 2318-2000. Be it ordained by the Council of Ord. No. 2321-2000. By Councilman Dolan. the City of Cleveland: By Councilman Melena. An emergency ordinance directing Section 1. That the Director of An emergency ordinance authoriz- the Director of the Department of Community Development is autho- ing the Director of Community Devel- Port Control to prepare and publish rized to enter into an agreement opment to enter into an agreement a protocol for the sound insulation with Detroit Shoreway Community with the Women’s Center of Greater program. Development Organization for the Cleveland for the purchase and ren- Whereas, this ordinance consti- cost of two water main line connec- ovation of their office building, in tutes an emergency measure provid- tions for two units on West 54th order to carry out the public purpose ing for the usual daily operation of Street being built in connection with of supporting the provision of social a municipal department; now, there- GreenBuilt Ltd. in order to carry out services through the use of Ward 17 Neighborhood Equity Funds. fore, the public purpose of constructing Whereas, this ordinance constitutes Be it ordained by the Council of affordable housing through the use of Ward 17 Neighborhood Equity an emergency measure providing for the City of Cleveland: the usual daily operation of a munic- Section 1. That, notwithstanding Funds. Section 2. That the cost of said ipal department; now, therefore, and as an exception to any provi- Be it ordained by the Council of sion of the Codified Ordinances of contract shall be in an amount not to exceed $15,000 and shall be paid the City of Cleveland: Cleveland, Ohio, 1976, to the con- Section 1. That the Director of trary, the Director of Port Control from Fund No. 10 SF 166. Section 3. That the Director of Community Development is autho- shall prepare and publish a protocol rized to enter into an agreement Law shall prepare and approve said setting forth the eligibility criteria with the Women’s Center of Greater contract and that the contract shall and application procedures for the Cleveland for the purchase and ren- contain such terms and provisions sound insulation program in accor- ovation of their office building, in as he deems necessary to protect the dance with the Noise Compatibility order to carry out the public purpose City’s interest. Study completed on behalf of the of supporting the provision of social Section 4. That this ordinance is Port Control and approved in services, through the use of Ward 17 hereby declared to be an emergency Neighborhood Equity Funds. August, 2000 by the Federal Avia- measure and, provided it receives tion Administration, with the appli- Section 2. That the cost of said the affirmative vote of two-thirds of contract shall be in an amount not cation deadline for the sound insu- all the members elected to Council, lation program to be no sooner than to exceed $7,500 and shall be paid it shall take effect and be in force from Fund No. 10 SF 166. June 25, 2001. In addition, the pro- immediately upon its passage and tocol shall establish a procedure for Section 3. That the Director of approval by the Mayor; otherwise it Law shall prepare and approve said inclusion of new home owners shall take effect and be in force acquiring homes within the program contract and that the contract shall from and after the earliest period contain such terms and provisions eligibility area after the expiration allowed by law. as he deems necessary to protect the of the deadline date. Immediately Passed December 18, 2000. City’s interest. upon its completion, such protocol Effective December 27, 2000. Section 4. That this ordinance is shall be distributed to all members hereby declared to be an emergency of Council and to the residents of measure and, provided it receives the City of Cleveland and surround- the affirmative vote of two-thirds of ing suburbs identified as living Ord. No. 2320-2000. all the members elected to Council, within the program eligibility area. By Councilman Melena. it shall take effect and be in force A list of eligible residents, listed An emergency ordinance autho- immediately upon its passage and alphabetically and in the time rizing the Director of Community approval by the Mayor; otherwise it sequence that they are to receive Development to enter into an agree- shall take effect and be in force insulation to their homes, shall be ment with Esparanza, Inc. for from and after the earliest period published by the Department of Port office relocation and operation allowed by law. Control at least quarterly each year expenses, in order to carry out the Passed December 18, 2000. and a copy of such list shall be pro- public purpose of the provision of Effective December 27, 2000. vided to the Councilmembers of social services through the use of Wards 20 and Ward 21 and to the Ward 17 Neighborhood Equity branches of the Cleveland Public F u n d s . Library located in or around the Whereas, this ordinance consti- Ord. No. 2322-2000. noise impacted areas. tutes an emergency measure provid- By Councilman Polensek. Section 2. That this ordinance is ing for the usual daily operation of An emergency ordinance authoriz- hereby declared to be an emergency a municipal department; now, there- ing the Director of Community measure and, provided it receives fore, Development to enter into an agree- ment with Villa Angela St. Joseph the affirmative vote of two-thirds of Be it ordained by the Council of High School for the Eleventh Annu- all the members elected to Council, the City of Cleveland: Section 1. That the Director of al Christmas on Campus holiday it shall take effect and be in force meal and gift program, in order to immediately upon its passage and Community Development is autho- rized to enter into an agreement carry out the public purpose of pro- approval by the Mayor; otherwise it viding food to needy families and shall take effect and be in force with Esparanza, Inc. for office relo- cation and operation expenses, in toys for underprivileged children from and after the earliest period through the use of Ward 11 Neigh- allowed by law. order to carry out the public purpose of the provision of social services, borhood Equity Funds. Passed December 18, 2000. Whereas, this ordinance consti- Effective December 27, 2000. through the use of Ward 17 Neigh- borhood Equity Funds. tutes an emergency measure provid- ing for the usual daily operation of Section 2. That the cost of said a municipal department; now, there- contract shall be in an amount not fore, to exceed $80,000 and shall be paid Ord. No. 2319-2000. Be it ordained by the Council of from Fund No. 10 SF 166. the City of Cleveland: By Councilman Melena. Section 3. That the Director of An emergency ordinance autho- Section 1. That the Director of Law shall prepare and approve said Community Development is autho- rizing the Director of Community contract and that the contract shall Development to enter into an rized to enter into a grant agree- contain such terms and provisions ment with Villa Angela St. Joseph agreement with Detroit Shoreway as he deems necessary to protect the Community Development Organi- High School for the Eleventh Annu- City’s interest. al Christmas on Campus holiday zation for the cost of two water Section 4. That this ordinance is main line connections for two meal and gift program, in order to hereby declared to be an emergency carry out the public purpose of pro- units on West 54th Street being measure and, provided it receives viding food to needy families and built in connection with Green- the affirmative vote of two-thirds of toys for underprivileged children Built Ltd. in order to carry out the all the members elected to Council, through the use of Ward 11 Neigh- public purpose of constructing it shall take effect and be in force borhood Equity Funds. affordable housing through the immediately upon its passage and Section 2. That the cost of said con- use of Ward 17 Neighborhood approval by the Mayor; otherwise it tract shall be for services rendered Equity Funds. shall take effect and be in force by the grantee on or after December Whereas, this ordinance consti- from and after the earliest period 1, 2000 and shall be in an amount not tutes an emergency measure provid- allowed by law. to exceed $5,000 and shall be paid ing for the usual daily operation of Passed December 18, 2000. from Fund No. 10 SF 166. a municipal department; now, there- Awaiting the approval or disap- Section 3. That the Director of fore, proval of the Mayor. Law shall prepare and approve said 3226 December 27, 2000 The City Record 53 contract and that the contract shall Be it ordained by the Council of Ord. No. 2326-2000. contain such terms and provisions the City of Cleveland: By Councilmen Rybka and Cin- as he deems necessary to protect the Section 1. That it is hereby deter- tron. City’s interest. mined that the within commodities An emergency ordinance authoriz- Section 4. That this ordinance is are non-competitive and cannot be ing and directing the Director of hereby declared to be an emergency secured from any source other than Parks, Recreation and Properties to measure and, provided it receives New World Systems. Therefore, the assess and collect rent for the use the affirmative vote of two-thirds of Director of Public Safety is hereby of space at the West Side Market all the members elected to Council, authorized to make a written con- through March 31, 2001. it shall take effect and be in force tract with said New World Systems, Whereas, Section 133.16 of the immediately upon its passage and for maintenance and support on Codified Ordinances of Cleveland, approval by the Mayor; otherwise it CAD, for a period of one year, with Ohio, 1976, as amended by Ordinance shall take effect and be in force three (3) options exercisable by the No. 1027-2000, passed by the Council from and after the earliest period Director of Public Safety, to renew on June 5, 2000, directs the Director allowed by law. for additional one-year terms, and of Parks, Recreation and Properties Passed December 18, 2000. cancellable upon thirty days written to establish a schedule of prices for Effective December 27, 2000. notice by said Director, to be pur- all various parts and sections of the chased by the Commissioner of Pur- West Side Market as consideration chases and Supplies upon a unit basis for the Division of Police, for rental of spaces or for the grant of the right to use the same and to Ord. No. 2323-2000. Department of Public Safety. By Councilman Polensek. Section 2. That the cost of said present such schedule, in the form An emergency ordinance authoriz- contract hereby authorized shall be of legislation, to Council for review, ing the Director of Community paid from Fund Nos. 01-600200- approval and modification, if neces- Development to enter into an agree- 661500, 600200-632000, and 10 SF 025, sary; and ment with Northeast Shores Devel- Request No. 18325. Whereas, the capital improvement opment Corporation to prepare a Section 3. That this ordinance is program currently underway at the streetscape improvement plan for hereby declared to be an emergency West Side Market is causing dis- Waterloo Road, in order to carry out measure and, provided it receives ruption to many of the vendors at the public purpose of planning the affirmative vote of two-thirds of the market, both inside and outside, improvements to the public right-of- all the members elected to Council, and has resulted in a decreased way through the use of Ward 11 it shall take effect and be in force numbers of customers to the market; Neighborhood Equity Funds. immediately upon its passage and and Whereas, this ordinance consti- approval by the Mayor; otherwise it Whereas, this Council, in review- tutes an emergency measure provid- shall take effect and be in force ing the rent schedule for the West ing for the usual daily operation of from and after the earliest period Side Market for 2001 presented by a municipal department; now, there- allowed by law. the Department of Parks, Recreation fore, Passed December 18, 2000. and Properties, acknowledges the Be it ordained by the Council of Effective December 27, 2000. difficulties that the construction has the City of Cleveland: presented and desires to take such Section 1. That the Director of disruption to business into consider- Community Development is autho- ation by establishing a rent sched- rized to enter into an agreement Ord. No. 2325-2000. ule for the first quarter of 2001 that with Northeast Shores Development By Councilman Rybka. differs from that proposed by the Corporation to prepare a streetscape An emergency ordinance authoriz- Department; and improvement plan for Waterloo ing and directing the Director of Whereas, this Council will under- Road, in order to carry out the pub- Public Service to enter into a lease take a review of the rent setting for- lic purpose of planning improve- agreement with Slavic Village mula at the West Side Market to ments to the public right-of-way Development Corporation to main- determine if and how the rent set- through the use of Ward 11 Neigh- tain and improve certain real estate ting formula should be altered for borhood Equity Funds. belonging to the City of Cleveland the balance of 2001 and subsequent Section 2. That the cost of said for purposes of a public park. years; and contract shall be in an amount not Whereas, this ordinance constitutes Whereas, this ordinance consti- to exceed $35,000 and shall be paid an emergency measure providing for tutes an emergency measure provid- from Fund No. 10 SF 166. the usual daily operation of a munic- Section 3. That the Director of ipal department; now, therefore, ing for the usual daily operation of Law shall prepare and approve said Be it ordained by the Council of a municipal department; now, there- contract and that the contract shall the City of Cleveland: fore, contain such terms and provisions Section 1. That notwithstanding Be it ordained by the Council of as he deems necessary to protect the any provisions of the Codified Ordi- the City of Cleveland: City’s interest. nances of Cleveland, Ohio, 1976, to Section 1. That notwithstanding Section 4. That this ordinance is the contrary the Director of Public any provision of the Codified Ordi- hereby declared to be an emergency Service shall enter into a lease nances of Cleveland, Ohio, 1976 to the measure and, provided it receives agreement with Slavic Village contrary, the Director of Parks, the affirmative vote of two-thirds of Development Corporation (“Lessee”) Recreation and Properties shall all the members elected to Council, for the maintenance and improve- assess and collect rent for the use of it shall take effect and be in force ment of a parcel of land of approx- space, both for inside and outside immediately upon its passage and imately 131 feet by 153 feet located stands, at the West Side Market for approval by the Mayor; otherwise it at the corner of Kenyon and East the period of January 1, 2001 through shall take effect and be in force 65th Streets in Ward 12 of the City March 31, 2001 at a rate equal to fifty from and after the earliest period of Cleveland for the placement of a percent (50%) of the regular rent for allowed by law. public park, with the plans for such such space established by the Direc- Passed December 18, 2000. park contained in File No. 2325- tor for the year 2000. Effective December 27, 2000. 2000-A for a period of thirty (30) Section 2. That this ordinance is years at a rent of One Dollar ($1.00) hereby declared to be an emergency per year. In the event that the City measure and, provided it receives determines, by ordinance of Council, the affirmative vote of two-thirds of Ord. No. 2324-2000. that the parcel is needed for a pub- all the members elected to Council, By Councilmen Polensek and Pat- lic purpose, Lessee’s lease of the it shall take effect and be in force mon (by departmental request). property may be terminated prior to immediately upon its passage and An emergency ordinance authoriz- the expiration of thirty (30) years. approval by the Mayor; otherwise it ing the Director of Public Safety to Section 2. That this ordinance is shall take effect and be in force enter into contract without competi- hereby declared to be an emergency from and after the earliest period tive bidding with New World Sys- measure and, provided it receives allowed by law. tems for the purchase of mainte- the affirmative vote of two-thirds of Passed December 18, 2000. nance and support services on CAD, all the members elected to Council, Effective December 27, 2000. for the Division of Police, Depart- it shall take effect and be in force ment of Public Safety, for a period immediately upon its passage and of one year, with three one-year approval by the Mayor; otherwise it options to renew. shall take effect and be in force Whereas, this ordinance consti- from and after the earliest period COUNCIL COMMITTEE tutes an emergency measure provid- allowed by law. MEETINGS ing for the usual daily operation of Passed December 18, 2000. a municipal department; now, there- Effective December 27, 2000, with- fore, out the signature of the Mayor. NO MEETINGS 3227 54 The City Record December 27, 2000 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

AIDS

2000 AIDS Prevention Program — grant — Ohio Department of Health (O 2269-2000) ...... 3225 AIDS Taskforce of Greater Cleveland — consent to assignment of Contracts Nos. 56573 and 56577 — Health Department (O 2154-2000) ...... 3213

Appropriations

Additional appropriations — General Fund — Special Revenue Fund — Internal Service Funds — Enterprise Fund — Debt Service Fund (O 2094-2000) ...... 3208 Payrolls and other ordinary expenses — Temporary appropriation (O 2264-2000) ...... 3219

Banners

Dunham Tavern Museum — double sided banners — Museum’s 175 years in existence (O 1801-2000)...... 3197 The City Mission — five (5) banners — on-going banner program (O 1966-2000) ...... 3201

Board of Control - Burke Lakefront Airport Division

International Women’s Air and Space Museum, Inc. - concession agreement for Air and Space Career Fair at Burke Lakefront Airport - Apr. 25, 2001 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 840-00) ...... 3178 Life Publishing - concession agreement for awards ceremony at Burke Lakefront Airport - Feb. 22, 2001 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 842-00) ...... 3179 Our Lady of the Wayside, Inc. - concession agreement for Great American Rib Cook-Off at Burke Lakefront Airport - May 21-29, 2001 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 843-00) ...... 3179 Premier Expositions, Inc. - concession agreement for fundraising reception at Burke Lakefront Airport - Dec. 31, 2000 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 841-00) ...... 3178

Board of Control - Community Development Department

Amistad Development Corporation - various parcels (Ward 1) pursuant to Ord. 1641-2000 (BOC Res. 851-00) ...... 3180 East 83rd Street, 2363 (Ward 6) - PPN 119-30-021 - to Diocese of Cleveland, Bishop Anthony Pilla (St. Adalbert Church) pursuant to Ord. 849-2000 (BOC Res. 850-00) ...... 3180 Woodland Avenue, 11210 (Ward 6) - PPN 128-03-014 - to The Pentecostal Faith Holiness Church of God pursuant to Ord. 850-2000 (BOC Res. 849-00) ...... 3180

Board of Control - Concession Agreement

Gateway garages - amend BOC Res. 803-00 - Dept. of Parks, Recreation and Properties (BOC Res. 853-00) ...... 3180 International Women’s Air and Space Museum, Inc. - concession agreement for Air and Space Career Fair at Burke Lakefront Airport - Apr. 25, 2001 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 840-00) ...... 3178 Life Publishing - concession agreement for awards ceremony at Burke Lakefront Airport - Feb. 22, 2001 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 842-00) ...... 3179 Our Lady of the Wayside, Inc. - concession agreement for Great American Rib Cook-Off at Burke Lakefront Airport - May 21-29, 2001 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 843-00) ...... 3179 Premier Expositions, Inc. - concession agreement for fundraising reception at Burke Lakefront Airport - Dec. 31, 2000 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 841-00) ...... 3178

Board of Control - Economic Development Department

One Stop Career Center interior renovations - contract pursuant to Ord. 1495-97 to Envirocom Construction, Inc. - Depts. of Economic Development and Personnel and Human Resources (BOC Res. 854-00) ...... 3181 3228 December 27, 2000 The City Record 55

Board of Control - Engineering and Construction Division

Auto Cad Software installation, support and training - contract pursuant to Ord. 1833-96 to D.L.T. Solutions, Inc. - Division of Engineering and Construction, Dept. of Public Service (BOC Res. 845-00)...... 3179

Board of Control - Finance Department

First aid supplies - pursuant to Ord. 315-2000 - all bids rejected - Dept. of Finance (BOC Res. 835-00) ...... 3177 Sell PPN 142-23-005 (Block A-5 of the Lee-Seville / Cleveland Outerbelt Industrial Park) - amend BOC Res. 478-00 (BOC Res. 852-00)...... 3180

Board of Control - Fire Division

Cab / chassis with heavy duty rescue squad - pursuant to Ord. 904-2000 - all bids rejected - Division of Fire, Dept. of Public Safety (BOC Res. 848-00) ...... 3180 Fire pumpers - pursuant to Ord. 904-2000 - all bids rejected - Division of Fire, Dept. of Public Safety (BOC Res. 847-00) ...... 3179

Board of Control - Gateway Garages

Gateway garages - amend BOC Res. 803-00 - Dept. of Parks, Recreation and Properties (BOC Res. 853-00) ...... 3180

Board of Control - Land Reutilization Program

Amistad Development Corporation - various parcels (Ward 1) pursuant to Ord. 1641-2000 (BOC Res. 851-00) ...... 3180 East 83rd Street, 2363 (Ward 6) - PPN 119-30-021 - to Diocese of Cleveland, Bishop Anthony Pilla (St. Adalbert Church) pursuant to Ord. 849-2000 (BOC Res. 850-00) ...... 3180 Woodland Avenue, 11210 (Ward 6) - PPN 128-03-014 - to The Pentecostal Faith Holiness Church of God pursuant to Ord. 850-2000 (BOC Res. 849-00) ...... 3180

Board of Control - Land Reutilization Program (Ward 1)

Amistad Development Corporation - various parcels (Ward 1) pursuant to Ord. 1641-2000 (BOC Res. 851-00) ...... 3180

Board of Control - Land Reutilization Program (Ward 6)

East 83rd Street, 2363 (Ward 6) - PPN 119-30-021 - to Diocese of Cleveland, Bishop Anthony Pilla (St. Adalbert Church) pursuant to Ord. 849-2000 (BOC Res. 850-00) ...... 3180 Woodland Avenue, 11210 (Ward 6) - PPN 128-03-014 - to The Pentecostal Faith Holiness Church of God pursuant to Ord. 850-2000 (BOC Res. 849-00) ...... 3180

Board of Control - Land Sales

Sell PPN 142-23-005 (Block A-5 of the Lee-Seville / Cleveland Outerbelt Industrial Park) - amend BOC Res. 478-00 (BOC Res. 852-00)...... 3180

Board of Control - Lee-Seville / Cleveland Outerbelt Industrial Park

Sell PPN 142-23-005 (Block A-5 of the Lee-Seville / Cleveland Outerbelt Industrial Park) - amend BOC Res. 478-00 (BOC Res. 852-00)...... 3180

Board of Control - Motor Vehicle Maintenance Division

E.Z. Pack packer parts and labor - contract pursuant to Ord. 269-2000 to R & R Mack Sales, Inc. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 844-00) ...... 3179

Board of Control - Parks, Recreation and Properties Department

Gateway garages - amend BOC Res. 803-00 - Dept. of Parks, Recreation and Properties (BOC Res. 853-00) ...... 3180

Board of Control - Personnel and Human Resources Department

One Stop Career Center interior renovations - contract pursuant to Ord. 1495-97 to Envirocom Construction, Inc. - Depts. of Economic Development and Personnel and Human Resources (BOC Res. 854-00) ...... 3181 3229 56 The City Record December 27, 2000

Board of Control - Police Division

Ballistic vests - contract pursuant to C.O. Sec. 135.06 to Atwell’s Police and Fire Equipment Co. - Division of Police, Dept. of Public Safety (BOC Res. 846-00) ...... 3179

Board of Control - Port Control Department

International Women’s Air and Space Museum, Inc. - concession agreement for Air and Space Career Fair at Burke Lakefront Airport - Apr. 25, 2001 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 840-00) ...... 3178 Life Publishing - concession agreement for awards ceremony at Burke Lakefront Airport - Feb. 22, 2001 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 842-00) ...... 3179 Our Lady of the Wayside, Inc. - concession agreement for Great American Rib Cook-Off at Burke Lakefront Airport - May 21-29, 2001 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 843-00) ...... 3179 Premier Expositions, Inc. - concession agreement for fundraising reception at Burke Lakefront Airport - Dec. 31, 2000 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 841-00) ...... 3178

Board of Control - Public Safety Department

Ballistic vests - contract pursuant to C.O. Sec. 135.06 to Atwell’s Police and Fire Equipment Co. - Division of Police, Dept. of Public Safety (BOC Res. 846-00) ...... 3179 Cab / chassis with heavy duty rescue squad - pursuant to Ord. 904-2000 - all bids rejected - Division of Fire, Dept. of Public Safety (BOC Res. 848-00) ...... 3180 Fire pumpers - pursuant to Ord. 904-2000 - all bids rejected - Division of Fire, Dept. of Public Safety (BOC Res. 847-00) ...... 3179

Board of Control - Public Service Department

Auto Cad Software installation, support and training - contract pursuant to Ord. 1833-96 to D.L.T. Solutions, Inc. - Division of Engineering and Construction, Dept. of Public Service (BOC Res. 845-00)...... 3179 E.Z. Pack packer parts and labor - contract pursuant to Ord. 269-2000 to R & R Mack Sales, Inc. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 844-00)...... 3179

Board of Control - Public Utilities Department

Adjustable valve boxes - contract pursuant to C.O. Sec. 129.25 to Underground Pipe & Valve - Division of Water, Dept. of Public Utilities (BOC Res. 839-00)...... 3178 Bypass fittings, piping and valves - contract pursuant to C.O. Sec. 129.25 to Woodhill Supply - Division of Water, Dept. of Public Utilities (BOC Res. 837-00)...... 3177 Bypass fittings, piping and valves - contract pursuant to C.O. Sec. 129.25 to J.F. Good Company - Division of Water, Dept. of Public Utilities (BOC Res. 838-00) ...... 3178 Corrosion control chemicals - amend Contract #55170 pursuant to BOC Res. 470-99 - Division of Water, Dept. of Public Utilities (BOC Res. 836-00) ...... 3177

Board of Control - Purchases and Supplies Division

Sell PPN 142-23-005 (Block A-5 of the Lee-Seville / Cleveland Outerbelt Industrial Park) - amend BOC Res. 478-00 (BOC Res. 852-00)...... 3180

Board of Control - Requirement Contracts

Adjustable valve boxes - contract pursuant to C.O. Sec. 129.25 to Underground Pipe & Valve - Division of Water, Dept. of Public Utilities (BOC Res. 839-00)...... 3178 Ballistic vests - contract pursuant to C.O. Sec. 135.06 to Atwell’s Police and Fire Equipment Co. - Division of Police, Dept. of Public Safety (BOC Res. 846-00) ...... 3179 Bypass fittings, piping and valves - contract pursuant to C.O. Sec. 129.25 to Woodhill Supply - Division of Water, Dept. of Public Utilities (BOC Res. 837-00)...... 3177 Bypass fittings, piping and valves - contract pursuant to C.O. Sec. 129.25 to J.F. Good Company - Division of Water, Dept. of Public Utilities (BOC Res. 838-00) ...... 3178 Corrosion control chemicals - amend Contract #55170 pursuant to BOC Res. 470-99 - Division of Water, Dept. of Public Utilities (BOC Res. 836-00) ...... 3177 E.Z. Pack packer parts and labor - contract pursuant to Ord. 269-2000 to R & R Mack Sales, Inc. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 844-00)...... 3179

Board of Control - Standard Purchase Contracts

Auto Cad Software installation, support and training - contract pursuant to Ord. 1833-96 to D.L.T. Solutions, Inc. - Division of Engineering and Construction, Dept. of Public Service (BOC Res. 845-00)...... 3179 One Stop Career Center interior renovations - contract pursuant to Ord. 1495-97 to Envirocom Construction, Inc. - Depts. of Economic Development and Personnel and Human Resources (BOC Res. 854-00) ...... 3181 3230 December 27, 2000 The City Record 57

Board of Control - Water Division

Adjustable valve boxes - contract pursuant to C.O. Sec. 129.25 to Underground Pipe & Valve - Division of Water, Dept. of Public Utilities (BOC Res. 839-00) ...... 3178 Bypass fittings, piping and valves - contract pursuant to C.O. Sec. 129.25 to Woodhill Supply - Division of Water, Dept. of Public Utilities (BOC Res. 837-00)...... 3177 Bypass fittings, piping and valves - contract pursuant to C.O. Sec. 129.25 to J.F. Good Company - Division of Water, Dept. of Public Utilities (BOC Res. 838-00) ...... 3178 Corrosion control chemicals - amend Contract #55170 pursuant to BOC Res. 470-99 - Division of Water, Dept. of Public Utilities (BOC Res. 836-00) ...... 3177

Board of Education

Recreational, cultural and extracurricular programs — 2000-2001 school year — Cleveland Board of Education (O 596-2000) ...... 3184

Board of Zoning Appeals - Schedule

Ardmore Avenue, 4207, (Ward 16) – Maurice Burch, owner - appeal to be heard on 1/8/01 (Cal. 00-353)...... 3181 Brighton Avenue, 11720, (Ward 19) – Donald Lewis, owner - appeal to be heard on 1/8/01 (Cal. 00-349) ...... 3181 East 125th Street, 607-609, (Ward 10) – Maurice Foster, owner - appeal to be heard on 1/8/01 (Cal. 00-350) ...... 3181 Euclid Avenue, 17608, (Ward 10) – PVA Circle of Homes, owner, c/o Tom Lewins - appeal to be heard on 1/8/01 (Cal. 00-338) ...... 3181 Leuer Avenue, 10645, (Ward 8) – Liberty Self Storage, owner, and Cicogna Electric Company, c/o George Dragon - appeal to be heard on 1/8/01 (Cal. 00-352) ...... 3181 St. Clair Avenue, 6947, (Ward 13) – Dana Nicholas, owner and Farid Mohamed, tenant and Century Sign, agent - appeal to be heard on 1/8/01 (Cal. 00-351)...... 3181

Bridges

W. 53rd St. Bridge; Denison Ave. Bridge, Harvard Ave. Bridge, W. 65th St. Bridge and the W. 74th St. Bridge — payment — rehabilitating and reconstructing — amend Sec. 1 of Ord. No. 1301-97 (O 2024-2000) ...... 3203

Budget Commission

Tax levies certifying — accept amount and rates — Budget Commission — County Auditor (R 2123-2000) ...... 3183

Business Revitalization District (BRD)

Lee-Harvard Business Revitalization District (BRD) — Establishing — (Ward 1) (O 1643-2000)...... 3192

Camp George L. Forbes

2001 Summer Food Program — apply for and accept grant — Ohio Department of Education — Camp George L. Forbes (O 2156-2000) ...... 3214

City of Cleveland Bids

Cab / chassis with heavy-rescue body - Department of Public Service - Division of Motor Vehicle Maintenance - per Ord. 904-2000 - bid due January 26, 2001 (advertised 12/20/2000 and 12/27/2000) ...... 3182 Commercial gases - Department of Finance - per Ord. 1862-2000 - bid due January 12, 2001(advertised 12/20/2000 and 12/27/2000) ...... 3182 Mobile autotransformer substation unit and mobile zigzag grounding equipment - Department of Public Utilities - Division of Cleveland Public Power - per Ord. 1391-2000 - bid due February 8, 2001(advertised 12/20/2000 and 12/27/2000) ...... 3182 Paper products - Department of Public Utilities - Division of Cleveland Public Power per Ord. 827-2000 - bid due January 18, 2001 (advertised 12/20/2000 and 12/27/2000) ...... 3182 Powdered activated carbon - Department of Public Utilities - Division of Water - per C.O. Sec. 129.24 - bid due January 17, 2001 (advertised 12/20/2000 and 12/27/2000) ...... 3182 Runway brooms and replacement heads - Department of Public Service - Division of Motor Vehicle Maintenance - per Ord. 1685-2000 - bid due January 19, 2001 (advertised 12/20/2000 and 12/27/2000) ...... 3182 3231 58 The City Record December 27, 2000

City Council

Internal Audit Division — Manager — provide Council President and Council Committee Chairman all reports, information and data obtained in course of his or her duties (O 2263-A-2000) ...... 3218

City Planning Commission

Clifton Road/West Boulevard Historic Landmark District Extension — Establishing (O 1118-2000)...... 3184 Lee-Harvard Business Revitalization District (BRD) — Establishing — (Ward 1) (O 1643-2000)...... 3192 Lorain Avenue, N. W. between W. 119 Street and W. 115 Street — West 117 Street between Triskett Road, N. W. and Governor Avenue, S. W. — change the Use, Area and Height Districts (O 1763-2000) ...... 3195 West 54 Street and Bridge Avenue, N.W. — change the Use District (O 1882-2000) ...... 3200

Cleveland Municipal Court

MICR laser check printing system — purchase (O 2199-2000) ...... 3216

Cleveland Public Schools

Recreational, cultural and extracurricular programs — 2000-2001 school year — Cleveland Board of Education (O 596-2000) ...... 3184

Codified Ordinances

Food shops — licensing and sanitation — amend Chapter 241 — repeal Sections 243.01 — new Sections 245.01 to 245.12 (O 2025-2000)...... 3204 Handicapped parking spaces — definition of parking infraction and the penalty for improper use — amend Section 459.01 and Section 459.11 (O 1593-2000) ...... 3191 Misdemeanor classifications and Penalties for traffic code offenses — amend Sections 403.99 and 433.01 (O 1592-2000) ...... 3187 Personal Property — amend Section 181.19 of Codified Ordinances (O 1304-2000) ...... 3187 Sexual predators — new Section 135.043 (O 1873-2000) ...... 3199 Street and sidewalk areas — penalty — amend Section 503.99 (O 1802-2000) ...... 3197 Training of corrections officers — new Section 141.28 (O 2206-2000) ...... 3216

Community Development

Lester Avenue, 4618, 4700 — Land Reutilization Program — Slavic Village Development Corporation (O 1761-A-2000) ...... 3195 Subsistence Payment — housing rental subsidy — CDBG — Agreement — George Fischel (Ward 13) (O 2032-2000) ...... 3207

Community Development Block Grant Program

Subsistence Payment — housing rental subsidy — CDBG — Agreement — George Fischel (Ward 13) (O 2032-2000) ...... 3207

Concession Agreements

Snack bar and vending machine — Visually Impaired — Concession Agreements — Carl B. Stokes Building — Cleveland Public Power Building (O 2027-2000)...... 3206

Contracts

MICR laser check printing system — purchase (O 2199-2000) ...... 3216 New World Systems — maintenance and support services on CAD — Police Division (O 2324-2000)...... 3227 Recreational, cultural and extracurricular programs — 2000-2001 school year — Cleveland Board of Education (O 596-2000) ...... 3184

Convention Center

Convention Center — rehabilitating — comply with Americans with Disabilities Act requirements — moveable wall (O 1762-2000) ...... 3195

Correction Division

Training of corrections officers — new Section 141.28 (O 2206-2000) ...... 3216 3232 December 27, 2000 The City Record 59

County Auditor

Tax advances during the year 2001 — Requesting the County Auditor (R 2122-2000) ...... 3182 Tax levies certifying — accept amount and rates — Budget Commission — County Auditor (R 2123-2000) ...... 3183

County Budget Commission

Tax levies certifying — accept amount and rates — Budget Commission — County Auditor (R 2123-2000) ...... 3183

Economic Development Department

Broadway Avenue and Aetna Avenue — rehabilitating — amend Section 5 of Ordinance No. 241-98 (O 2030-2000)...... 3207 Detroit Avenue, 3407-3501 — leasehold improvements — Conveyer & Caster Corporation — Economic Development (O 1880-2000) ...... 3200 East 55th Street, 1328 — acquisition and construction — Diner 55, Inc. — Economic Development (O 1879-2000) ...... 3199 F.L. Thompson Building — 3101 W. 25th St. — acquisition and renovation — Mark A. Rivera Production, Inc. (O 2214-2000) ...... 3217 Famicos Foundation — renovate property at 1325 Ansel Road — Economic Development Initiative A Grant Agreement — Economic Development (O 2158-2000) ...... 3215 First Amendment to Contract No. 56087 — Shaker Square of Ohio LLC — Shaker Square planned retail center (O 2118-2000) ...... 3212 Hamlet Avenue, 5618 — Feckanin Group LLC — acquisition (O 2120-2000)...... 3213 Harvard Avenue, 7700 — construction and renovation — C & K Meats, Inc. (O 2119-2000)...... 3212 Johnston Parkway, 4465 — acquisition — Enterprise Zone Agreement — Trio Diversified Company — Economic Development (O 1810-2000) ...... 3197 Lorain Ave., 4507 — Enterprise Zone Agreement — Twisted Pine LLC — Great Lakes Merchant Services (O 2216-2000) ...... 3218 Pubco Corporation, Kelley Avenue Partnership, Smith Corona Corporation — Enterprise Zone Agreements — Economic Development (O 2157-2000) ...... 3214 Strowder’s Funeral Chapel, Inc. — acquisition and renovation of real property at 796 - 818 East 105th Street (O 2159-2000) ...... 3215 Superior Avenue, 6017 — acquisition and improvement — B & S Realty Associates (O 2213-2000)...... 3216 Sycamore, 2000 — Enterprise Zone Agreement — The Revere Group — Economic Development (O 2028-2000)...... 3206 Tax Increment Financing Agreement — Third Federal Savings and Loan Association — amend Section 5 of Ordinance No. 159-98 (O 2029-2000) ...... 3207 Walworth Run Industrial Park — Parcels 1 and 2 — acquisition, construction and site improvements — Twisted Pine LLC (O 2215-2000) ...... 3217

Empowerment Zone

Famicos Foundation — renovate property at 1325 Ansel Road — Economic Development Initiative A Grant Agreement — Economic Development (O 2158-2000) ...... 3215 Strowder’s Funeral Chapel, Inc. — acquisition and renovation of real property at 796 - 818 East 105th Street (O 2159-2000) ...... 3215

Enterprise Zone Agreement

Johnston Parkway, 4465 — acquisition — Enterprise Zone Agreement — Trio Diversified Company — Economic Development (O 1810-2000) ...... 3197 Pubco Corporation, Kelley Avenue Partnership, Smith Corona Corporation — Enterprise Zone Agreements — Economic Development (O 2157-2000) ...... 3214

Famicos Foundation

Famicos Foundation — renovate property at 1325 Ansel Road — Economic Development Initiative A Grant Agreement — Economic Development (O 2158-2000) ...... 3215

Finance Department

Additional appropriations — General Fund — Special Revenue Fund — Internal Service Funds — Enterprise Fund — Debt Service Fund (O 2094-2000) ...... 3208 Internal Audit Division — Manager — provide Council President and Council Committee Chairman all reports, information and data obtained in course of his or her duties (O 2263-A-2000) ...... 3218 Payrolls and other ordinary expenses — Temporary appropriation (O 2264-2000) ...... 3219 Transfer funds ($6,306,000) — various divisions of the General Fund (O 2095-2000) ...... 3209 3233 60 The City Record December 27, 2000

Funds

Additional appropriations — General Fund — Special Revenue Fund — Internal Service Funds — Enterprise Fund — Debt Service Fund (O 2094-2000) ...... 3208 Transfer funds ($6,306,000) — various divisions of the General Fund (O 2095-2000) ...... 3209

Grants

2000 AIDS Prevention Program — grant — Ohio Department of Health (O 2269-2000) ...... 3225

Handicapped

Handicapped parking spaces — definition of parking infraction and the penalty for improper use — amend Section 459.01 and Section 459.11 (O 1593-2000) ...... 3191

Health Department

2000 AIDS Prevention Program — grant — Ohio Department of Health (O 2269-2000) ...... 3225 AIDS Taskforce of Greater Cleveland — consent to assignment of Contracts Nos. 56573 and 56577 — Health Department (O 2154-2000) ...... 3213 Food shops — licensing and sanitation — amend Chapter 241 — repeal Sections 243.01 — new Sections 245.01 to 245.12 (O 2025-2000)...... 3204

Historic Landmark District

Clifton Road/West Boulevard Historic Landmark District Extension — Establishing (O 1118-2000)...... 3184

Hospitals

Deaconess Hospital, LLC — maintain, improve and adopt certain real estate belonging to the City — Cleveland Area Soap Box Derby Association — lease certain City-owned property (O 2155-2000) ...... 3213

Land Reutilization Program

Lester Avenue, 4618, 4700 — Land Reutilization Program — Slavic Village Development Corporation (O 1761-A-2000) ...... 3195

Leases

Deaconess Hospital, LLC — maintain, improve and adopt certain real estate belonging to the City — Cleveland Area Soap Box Derby Association — lease certain City-owned property (O 2155-2000) ...... 3213

Liquor Permits

Lakeside Avenue, 2000 — 1st Fl., Bsmt. & Patio — Objecting to the stock transfer (R 2328-2000) ...... 3184 St. Clair Avenue, 6611 — Objecting to the transfer of ownership and location (R 2327-2000) ...... 3183

Motor Vehicle Maintenance Division (MVM)

Cushman Ransomes equipment parts — purchase (O 2022-2000) ...... 3203 Diesel fuel — purchase — Division of Motor Vehicle Maintenance (O 2023-2000) ...... 3203 Ford tractor, mower and construction equipment parts — purchase — Division of Motor Vehicle Maintenance (O 2021-2000) ...... 3203 Generators — repair and maintain — Division of Motor Vehicle Maintenance (O 2019-2000)...... 3202 Heavy duty construction equipment — repair and maintain — Division of Motor Vehicle Maintenance (O 2020-2000) ...... 3202

Neighborhood Equity Funds

2100 Lakeside Avenue men’s shelter — security system — Ward 13 NEF (O 2314-2000)...... 3225 Eleventh Annual Christmas on Campus holiday meal and gift program — Villa Angela St. Joseph High School — Ward 11 NEF (O 2322-2000) ...... 3226 Food, toys, social services — Spanish American Committee — Ward 14 NEF (O 2316-2000) ...... 3225 Lakeview Terrace Estates, Riverview Towers and Bohn Tower — residents and children programs — Ward 13 NEF (O 2315-2000) ...... 3225 Office relocation and operation expenses — Esparanza, Inc. — Ward 17 NEF (O 2320-2000)...... 3226 Purchase and renovation of building — Women’s Center of Greater Cleveland — Ward 17 NEF (O 2321-2000)...... 3226 Waterloo Road — streetscape improvement plan — Ward 11 NEF (O 2323-2000) ...... 3227 West 54th Street — two water main line connections — Ward 17 NEF (O 2319-2000)...... 3226 3234 December 27, 2000 The City Record 61

Ohio Department of Education

2001 Summer Food Program — apply for and accept grant — Ohio Department of Education — Camp George L. Forbes (O 2156-2000) ...... 3214

Parks Maintenance Division

Deaconess Hospital, LLC — maintain, improve and adopt certain real estate belonging to the City — Cleveland Area Soap Box Derby Association — lease certain City-owned property (O 2155-2000) ...... 3213

Parks, Recreation and Properties Department

2001 Summer Food Program — apply for and accept grant — Ohio Department of Education — Camp George L. Forbes (O 2156-2000) ...... 3214 Convention Center — rehabilitating — comply with Americans with Disabilities Act requirements — moveable wall (O 1762-2000) ...... 3195 Deaconess Hospital, LLC — maintain, improve and adopt certain real estate belonging to the City — Cleveland Area Soap Box Derby Association — lease certain City-owned property (O 2155-2000) ...... 3213 Recreational, cultural and extracurricular programs — 2000-2001 school year — Cleveland Board of Education (O 596-2000) ...... 3184 Rent — West Side Market (O 2326-2000) ...... 3227 Snack bar and vending machine — Visually Impaired — Concession Agreements — Carl B. Stokes Building — Cleveland Public Power Building (O 2027-2000)...... 3206

Permits

The City Mission — five (5) banners — on-going banner program (O 1966-2000)...... 3201

Police Department

New World Systems — maintenance and support services on CAD — Police Division (O 2324-2000)...... 3227

Police Division

DARE supplies — Division of Police (O 2209-2000) ...... 3216 MGE UPS system — maintenance — Division of Police (O 2211-2000)...... 3216

Port Control Department

Protocol for sound insulation program — prepare and publish (O 2318-2000) ...... 3226

Real Estate

Deaconess Hospital, LLC — maintain, improve and adopt certain real estate belonging to the City — Cleveland Area Soap Box Derby Association — lease certain City-owned property (O 2155-2000) ...... 3213

Resolutions - Miscellaneous

Tax advances during the year 2001 — Requesting the County Auditor (R 2122-2000) ...... 3182

Safety Department

Food shops — licensing and sanitation — amend Chapter 241 — repeal Sections 243.01 — new Sections 245.01 to 245.12 (O 2025-2000)...... 3204 Handicapped parking spaces — definition of parking infraction and the penalty for improper use — amend Section 459.01 and Section 459.11 (O 1593-2000)...... 3191 Misdemeanor classifications and Penalties for traffic code offenses — amend Sections 403.99 and 433.01 (O 1592-2000) ...... 3187 New World Systems — maintenance and support services on CAD — Police Division (O 2324-2000)...... 3227 Personal Property — amend Section 181.19 of Codified Ordinances (O 1304-2000)...... 3187 Sexual predators — new Section 135.043 (O 1873-2000) ...... 3199 3235 62 The City Record December 27, 2000

Service Department

Cushman Ransomes equipment parts — purchase (O 2022-2000) ...... 3203 Diesel fuel — purchase — Division of Motor Vehicle Maintenance (O 2023-2000)...... 3203 Dunham Tavern Museum — double sided banners — Museum’s 175 years in existence (O 1801-2000)...... 3197 Ford tractor, mower and construction equipment parts — purchase — Division of Motor Vehicle Maintenance (O 2021-2000) ...... 3203 Generators — repair and maintain — Division of Motor Vehicle Maintenance (O 2019-2000)...... 3202 Heavy duty construction equipment — repair and maintain — Division of Motor Vehicle Maintenance (O 2020-2000) ...... 3202 Maintain and improve — real estate belonging to the City — Slavic Village Development Corporation (O 2325-2000) ...... 3227 Martin Luther King, Jr. Drive/East 116th Street — rehabilitation — Public Service (O 1869-2000)...... 3199 Rocky River Drive — repair and resurfacing — payment of Cleveland’s share — amend Sections 1 and 2 of Ordinance No. 1004-91 (O 2018-2000) ...... 3202 Solid waste disposal services — purchase — Division of Waste Collection and Disposal (O 1868-2000)...... 3198 Street and sidewalk areas — penalty — amend Section 503.99 (O 1802-2000) ...... 3197 The City Mission — five (5) banners — on-going banner program (O 1966-2000)...... 3201 Tub grinder — lease — Christmas tree recycling program — Greater Cleveland Ecology Association — Public Service (O 1967-2000) ...... 3201 W. 53rd St. Bridge; Denison Ave. Bridge, Harvard Ave. Bridge, W. 65th St. Bridge and the W. 74th St. Bridge — payment — rehabilitating and reconstructing — amend Sec. 1 of Ord. No. 1301-97 (O 2024-2000) ...... 3203

Slavic Village Association

Maintain and improve — real estate belonging to the City — Slavic Village Development Corporation (O 2325-2000) ...... 3227

Street Vacation

East 33rd Street — intention to vacate portion of (R 1436-99)...... 3182

Summer Food Program

2001 Summer Food Program — apply for and accept grant — Ohio Department of Education — Camp George L. Forbes (O 2156-2000) ...... 3214

Tax Levies

Tax levies certifying — accept amount and rates — Budget Commission — County Auditor (R 2123-2000) ...... 3183

Traffic Code

Misdemeanor classifications and Penalties for traffic code offenses — amend Sections 403.99 and 433.01 (O 1592-2000) ...... 3187

Trees

Tub grinder — lease — Christmas tree recycling program — Greater Cleveland Ecology Association — Public Service (O 1967-2000) ...... 3201

Utilities Department

Deaconess Hospital, LLC — maintain, improve and adopt certain real estate belonging to the City — Cleveland Area Soap Box Derby Association — lease certain City-owned property (O 2155-2000) ...... 3213 Pump stations — repair and maintain — Division of Water Pollution Control (O 1959-2000)...... 3200 Unit #3 First High Service motor at Crown Water Plant — repair or replace — Division of Water (O 2103-2000) ...... 3212 Unit 29E at the Morgan Water Plant — upgrade ideal motor — Division of Water (O 2107-2000)...... 3212 3236 December 27, 2000 The City Record 63

Ward 01

Lee-Harvard Business Revitalization District (BRD) — Establishing — (Ward 1) (O 1643-2000)...... 3192 Johnston Parkway, 4465 — acquisition — Enterprise Zone Agreement — Trio Diversified Company — Economic Development (O 1810-2000) ...... 3197

Ward 02

Martin Luther King, Jr. Drive/East 116th Street — rehabilitation — Public Service (O 1869-2000)...... 3199

Ward 05

Dunham Tavern Museum — double sided banners — Museum’s 175 years in existence (O 1801-2000)...... 3197 The City Mission — five (5) banners — on-going banner program (O 1966-2000)...... 3201

Ward 08

Famicos Foundation — renovate property at 1325 Ansel Road — Economic Development Initiative A Grant Agreement — Economic Development (O 2158-2000)...... 3215 Strowder’s Funeral Chapel, Inc. — acquisition and renovation of real property at 796 - 818 East 105th Street (O 2159-2000) ...... 3215

Ward 11

Eleventh Annual Christmas on Campus holiday meal and gift program — Villa Angela St. Joseph High School — Ward 11 NEF (O 2322-2000) ...... 3226 Waterloo Road — streetscape improvement plan — Ward 11 NEF (O 2323-2000)...... 3227

Ward 12

Hamlet Avenue, 5618 — Feckanin Group LLC — acquisition (O 2120-2000)...... 3213 Harvard Avenue, 7700 — construction and renovation — C & K Meats, Inc. (O 2119-2000)...... 3212 Maintain and improve — real estate belonging to the City — Slavic Village Development Corporation (O 2325-2000) ...... 3227

Ward 13

2100 Lakeside Avenue men’s shelter — security system — Ward 13 NEF (O 2314-2000)...... 3225 East 33rd Street — intention to vacate portion of (R 1436-99)...... 3182 Lakeside Avenue, 2000 — 1st Fl., Bsmt. & Patio — Objecting to the stock transfer (R 2328-2000) ...... 3184 Lakeview Terrace Estates, Riverview Towers and Bohn Tower — residents and children programs — Ward 13 NEF (O 2315-2000) ...... 3225 Lester Avenue, 4618, 4700 — Land Reutilization Program — Slavic Village Development Corporation (O 1761-A-2000) ...... 3195 St. Clair Avenue, 6611 — Objecting to the transfer of ownership and location (R 2327-2000) ...... 3183 Superior Avenue, 6017 — acquisition and improvement — B & S Realty Associates (O 2213-2000)...... 3216

Ward 14

Equalized rent structure for all interior tenants — West Side Market — repeal Ord. No. 1126-2000 (O 2317-2000) ...... 3225 F.L. Thompson Building — 3101 W. 25th St. — acquisition and renovation — Mark A. Rivera Production, Inc. (O 2214-2000) ...... 3217 Food, toys, social services — Spanish American Committee — Ward 14 NEF (O 2316-2000)...... 3225 Lorain Ave., 4507 — Enterprise Zone Agreement — Twisted Pine LLC — Great Lakes Merchant Services (O 2216-2000) ...... 3218 Sycamore, 2000 — Enterprise Zone Agreement — The Revere Group — Economic Development (O 2028-2000) ...... 3206 3237 64 The City Record December 27, 2000

Ward 17

Office relocation and operation expenses — Esparanza, Inc. — Ward 17 NEF (O 2320-2000)...... 3226 Purchase and renovation of building — Women’s Center of Greater Cleveland — Ward 17 NEF (O 2321-2000) ...... 3226 West 54 Street and Bridge Avenue, N.W. — change the Use District (O 1882-2000)...... 3200 West 54th Street — two water main line connections — Ward 17 NEF (O 2319-2000)...... 3226

Ward 18

Clifton Road/West Boulevard Historic Landmark District Extension — Establishing (O 1118-2000)...... 3184

Ward 19

Clifton Road/West Boulevard Historic Landmark District Extension — Establishing (O 1118-2000)...... 3184 Lorain Avenue, N. W. between W. 119 Street and W. 115 Street — West 117 Street between Triskett Road, N. W. and Governor Avenue, S. W. — change the Use, Area and Height Districts (O 1763-2000) ...... 3195

Waste Collection and Disposal Division

Solid waste disposal services — purchase — Division of Waste Collection and Disposal (O 1868-2000)...... 3198

Water Division

Unit #3 First High Service motor at Crown Water Plant — repair or replace — Division of Water (O 2103-2000) ...... 3212 Unit 29E at the Morgan Water Plant — upgrade ideal motor — Division of Water (O 2107-2000)...... 3212

Water Pollution Control Division

Pump stations — repair and maintain — Division of Water Pollution Control (O 1959-2000)...... 3200

West Side Market

Equalized rent structure for all interior tenants — West Side Market — repeal Ord. No. 1126-2000 (O 2317-2000) ...... 3225 Rent — West Side Market (O 2326-2000) ...... 3227

Zoning

Lorain Avenue, N. W. between W. 119 Street and W. 115 Street — West 117 Street between Triskett Road, N. W. and Governor Avenue, S. W. — change the Use, Area and Height Districts (O 1763-2000) ...... 3195 West 54 Street and Bridge Avenue, N.W. — change the Use District (O 1882-2000)...... 3200

3238