^I ^ in the SUPREME ^^'URT of 01110 I

/-^i ^ IN THE SUPREME ^^'URT OF 01110 i

NORTHEAST OHIO REGIONAL SEWER . CASE NO. 201 3-1 770

Aplseal zaom Court of Appeals for the Petitioner, Eighth Appellate Dasta act CASE NO. CA-12rr098728 vso : (Consolidated ^rith Case Nos. CAa l 2a098729 & CA-1 2-098739) BA'1':El T0WNS1-11Pa OHIO, et a1. Cuyahoga County Court of R^^^ondent. C€^^iman l'leas, CASE NO. CV- 1 0m71 4945

BRIEF OF AM10 CURIAE BROOK PARK, BROOKLYN.^ BROt^KL-t-N HEIGHTS, CLTYA^^GA HEIGHTS, HIGHLAND HILLS, MAYFIELD VILLAGE, MIDDLEBURG HE.1^HTS, MORELAND HILLS, NEWBURGH HEIGHTS, OLMSTED TOWNSHIP, ORANGE, PARMA, PARMA HEIGHTS, SEVEN IIILL^^ ^^IAKER HEIGHTS, SOUTH EUCLID, VALLEY VIEW AND WARRENSVILLE HEIGHTS IN SUlkPORT OF APPELLANT NO1IT^^EAST 0111OR1wSGIONA1~a SEWER DISTRICT

Yvette McGee ^^o,,,m (13030642) Neal M. Jamison (0005911) Counsel of Record CITY OF BROOKPARK Chad. Read1er (0068394) 6161 Engle Road JONES DAY Brook Park, Ohio 44142 325 John H. McConrie1l Boulevard, Suite 60€) 'l"e1: (216) 433-1. 3 0£1 11.0. Box 165017 Fax: (1-16) 433-1630 Columbus, Ohio 432-16v5017 Email: [email protected] Tel: (614) 469m3939 Fax: (614) 461-4198 Attomey for City of Email: ymcgeelaro-wn^^onesclay.corn caread1^rCojorf,^sday.c€^m

Attomey for Village of Cuyahoga Heights, Village of Moreland Hills, and Orange Village

3 %o5/.^'iî^î / i / /' Scott Claussen (0074465) Jerome Dowling (O4^^69375Y ------__.- CITY OF BROOKL'I'N VILLAGE OF BROOKx^YIN-1.11E^GHTS 7619 Memphis Av^n-ue 20800 Center Iîd^^ Road, Suite 222 Brooklyn, Ohio 44144 Rocky River, O'n1o 44116 Tel: (216) 635-4216 Te1: (440) 331-1010 Fax: (216)351-2133 Fax: (440} 331-881-2 11rnaaI: sc1aussen@bxoolCl^ôh1o.gow Email: [email protected]

Atôm^y for Cgty o1°Brooklyn Attorney for Village ral`Brooklyn Heights Thomas:P. O^Do.nnell (0002462) Joseph W. Diemert, Jr. (0011 _573) VILLAGE OF HIGHLAND HILLS JOSEPH W. DIEMERT, JRe 3700 Northfield Road, Suite 11 & ASSOCIATES, COa, L.P.A. H1gh1îd 1=1:illsF Ohio 44122 1360 S.O.M. Center Road Tel: (216) 283-3000 Cleveland, Ohio 44124 Fax: (216) 283-2516 Tel: (440) 442-6800 Email: ^^ônnellC&todlaw. com Fax: (440) 442-0825 Email: recelstiorti.st@dlemertlaw,cram Afforney for Village of Highland Hills Attorra^y for Mayfield Village

Peter H. lIull (0003731) Luke McConville (0067222) CITY OF MIDDLEBURG HEIGHTS WALD1=^^^ER COYNE CO6^ LPA 15700 Bagley Road 1991 Crocker Road, Suite 550 Middleburg l-aeights, Ohio 44130 West1ake, Ohio 44145 Tel: (440) 234m8811 Tel ; (440) 835-0600 Fax: (440) 234-8993 Fax: (440) $35°1511. Email: peterl;ull(@,gmaix.^om Fma.l; [email protected]

Attom^y for City of MlcldlebLi.rg Heights Attomey for Village of Newburgh :llelghts

Dale F. Pelsozy (0020653) 7"imotl-iy G. Dobeek (0034699) CUYAH(3G,f"`& COUN'F"av PARMA CITY HALL PROSECUTOR'S OFFICE 6611 Ridge Road 1200 Ontario Street, Justice Center 8th :k'loor Famia, Ohio 44129 Cleveland, Ohio 44113 Tel: (440) 885-8132 Tel: (216) 443-7757 Fax: (440) 885-8008 :Ij ax: (216) 443-7601 Email: law^cl^rs^^^,rmam^sl^.^^^ Email: dpolsozy@pr^^^cutor.e,uval^^gaccstmty.us Attorney for City of Parma Atiomey for Olmsted 'I'ownship

Michael Fsskomy (0024792) Richa.rd A. Pignatiello (0041137) CITY OF PA:RÂ HEIGHTS CI'I'Y OF SEVEN HILLS 6281 Pearl Road 3479 Jasmine Drive Fanna Heights, Ohio 44130 êven:Elzl.ls, Ohio 44131 TeI; (440) 884-9600 Tel: (216) 525-6237 Fax: (440) 884m1802 Fax: (216) 525-6256 Email: law@F^naheightsoheôv l,"Mazl: 1.a.w@^^ênhillsohloeorg

Attorrfey for City o1'Farma Heights Attorney for City of Seven Hills William M. Ondrey Ciruber (0005950) Mlchael. P. Lograsso (0058557) CITY OF SHA.1^'R HEIGHTS CITY OF SOUTH EUCLID 3400 Lee Road 1349 South Gr^e-n Road Shaker llelghts, Ohio 44120 South Euclid, Ohio 44121 Tel: (216) 491-1445 Tel: (216) 381-0400 Fax: (215) 49141 ^^ ^ Fax: (216) 381y0364 Email: [email protected] Ernaal: [email protected]

Attomey for Clty of Shaker 1=1e1ghts Attorney for City of South 1;uclld

David Lambros (0008654) Teresa Metcalf Beasley (0061.314) VILLAGE OF VALLEY VIEW CALFEE, HALTER & GRISWOLD LLP O;ie Berea Commons, Suite 216 The Calfee Building, 1405 East Sixth Street Berea, Ohio 44017 Cleveland, Ohio 44128 Tel: (440) 816w1525 1'el (216) 587M6500 Fax: (440) 816-0604 Fax: (216) 5 87-6594 Emai.l: [email protected] Eraiaal^ t,.n1^easley@c^.1fee.com

Attomey for Village of Valley View Attorr#ey for City o1'Warrensville llelghts

Mark I. Wallach (0010949) John B. Nalbandlan (0073033) THACKER 1VYARTZNSEK LPA VlÀFT ST.ê"^°'^^^..C^1 ^7S & HOLLISTER LLP 2330 One Cleveland Center 425 Walnut Street, Suite 1800 1375 E. Ninth Street Cincinnati, Ohio 45202 Cleveland, Ohio 44114 '1'el: (513) 381-28:18 Tel: (216) 456T3848 Fax: (513) 381M0205 Fax: (216) 456-3850 raalbandl ax^ ^ tafftlaw. carn Email: m%Arallach@tmlpa.ôm Stephen M. O'Bryan (009512) ^'rregory J. O'Brien (006344 1) James F. Lang (0059668) Michael J. Zbiegien, Jr. (0078352) Matthew J. Kucharson (0082388) TAF"I' S'IÈ"1"rIFXÎUS & IIOLLISTER LLP Molly A. Drake (0083556) 200 Public Square, Suite 3500 CALFEE, HALTER & GRISWOLD LLP Cleveland, Ohio 44114 1 405 l,"afit Sixth Street '1'el; (216) 241y2838 Cleveland, Ohio 44114 Fax: (2.16) 241rr3707 Tel: (216) 622a 8200 sobryan;x?,taftlaw.com Fax: (216) 241-0816 golsrlen^tafttaw. ôrn Email:)1ang@calfeeocom [email protected] [email protected] mdrê@call~ee.com Attomeys ôr City of Beachwood, City of Bedford Heights, City of Cleveiaiid li:eaglits, Village of Glenwlilow, City o1' lndependeraces City of Lyn&urstq Village of Oakwood, City of Olmsted Falls, and. City of Strongsvllle, Village ol'Glenwill^w and Villaê of Oakwood Marlene Sundheimer (0007150) Sh^lidon Bems (0000 140) :ÔRTI-IEAS'F 01110 REGIONAL Benjamin J. Ockner (0034404) SEWER DISTRICT Jordan Bems (4047404) 3900 Euclid Avenue Gary F. êmer (0070591) Cleveland, Ohio 44115 Timothy J, Duff (0046764) 1 1 'el; (216) 881-6600 BERNS, OCI^^^^ & Fax: 881^4407 GREENBERGER, LLC Et-nail; sundb^^êrr,[email protected] 373'j Park East Drive, Suite 200 Beachwood, Ohio 44122 Attomeys for NEORSD Tel: (216) 831-8838 Fax: (216) 464^44$9 Email: sbems@bemso^êr,com bockner@,bernsockner.com. jberns(@bernso-ckner.com ^^êr@4^^rnsr^ckneroôm tdu ff@,bern so ekner,com

Attomeys for N'€^rtheast Ohio Apartment Association, et a,:t o

David J,1V1atty (0012335) Shana A. Samson (047287 1) Justin Whelan (0088085) MATTY, HENRIKSON & GREVE LLC , 55 Public Square, Suite 1775 Cleveland, Ohio 44113 Tel: (216) 621-6570 Fax: (216) 621-1127 Email: [email protected] [email protected] jwk^^la^@nnmglaw.^om

Attomeys for City of Brecksville TABLE OF CONTENI`S

Page

INTRODUCTION .....,.n....e.n..e.e.,...,,.n,,,,,,,,,,,,,,1 STATEMENT OF INTEREST,r,...... ,,n.,..,re.,..e.erer,e.e ...... e.,.,....,.,...a,.aasenu,usua,.nun.nernrnr,e,e.erer„s^ STA'7^^MENTOF CASE AND FAC'I'S....e.a.a..a.e.a..a.e.u..,..,u..,..e.,.er.r,.,..e.e.,..e.5 1. Stat€,itary R^quirerner^^^ for Establishing a District ...e...... e.e...... ,...e ...... 5 lI, "Che Distxlct's Petition and Plan for Operations....e.,....e.,.,..,.,.a..e.a...a.a.e ...... 7 ARGLJMEI'VT....,,....,...... ,...,.,.:..e.,.,....e.,.,.,..e.,.,..e.,.,.a..,.e...e.e....e,.....e ...... e..,..,.,.,.,..e ltl Proposition of Law: When a Petition and Plan of Operations grant a R.C. 6 1119 district the authority to operate storm water haiidling 1'ac-ilitless -that District is authorized to create and implement a regional stormwater management program, including imposing appropriate charges to operate that program. .,....e ...... e.a.,....a....e.e,...... ,.,.....,.n.....,.,.1Q 1. The Petition and Plan Give the District Auffioxl^i xo::"^anage Sts^^water and ImpIemezrt a Fee to Fund Such Operations ...... ,r...... ,.,.,..e.,.,11 A. Chapter 6119 Districts Have Authority to Implement New 13'rograin^ that Fall Within the Scope of Their Petition and Plan Without First Seeking Court Appra^val.n ...... e.e, I 1 B. '11xe Program and Its Attendant Fee Are Withiii the Scope oI'the District's CourtaAp^roved. Ilexltlon and Plan from 1979 .,.,..e.e.,.,....e ...... e.,.,.,..,.,..,.,....,.,.,..e.,...... ,...... ,...,.,.n..,.15 C. The Program Does Not Infringe 11^pon the Protections for Local Control Established in the Plan and Petition,...... ,r,.rerer,r,,,,l^ Il. Invalgdatiiig the Program Would Have Catastrophic Consequences for the Ability of Member Communities to Manage Regional Stormwater Prob1ems .,.,..e,,,,,,,,,,,,,,,,,e.,.,,.,.,.a.e,a.ae.e..,e.e,,,n..r,r,.r,r,u,.,.,er,,.rere.,,,..,..,.,.,,.a.a2l CONCLUSION e.e.....,e...,.,....e ...... e...,.,....,.n....e.,.,..,.,.,,.,.,....,.,..,.,....,.,...... ,r...... ,...r,r,.,....e.,.'?7 ADDENDUM: Impact on Amlci Commuiizties APPENDIX 1979 Petition and. Plan

-1- T.^ BL^'. OF AUTHORITIES

Page CASES

In re Appeal of Jefferson Tivp. Bd. of Trustees, 78 Ohio App.3d 493, 605 N.E.2d 435 (10 Dist. 1992) ...... 14; 21

Kucinich v. Cleveland Regional Sewer Dist., 64 Ohio App.2d 6, 410 N.E,2c1795 (8th Dist. 1979)...... ,.,< ......

Northeast Ohio Regional Sewer Dist. v. Bath Twp., 2013-Ohio-4186, 999N.E.2d 181 (8th I31st.).,<...... 1,7,17

Seven Hills v. CleveIand, 1 Ohio App.3d 84, 439 N.E,2d 895 (8th Dist. 1980) ...... ^

State v. Noling, 2013-01-iio-1764, 136 Ohio St.3d 163, 992 N.E.2d 1095 (2013) ...... 16, 17

Village of Cyloaaster v. I'ritnble Township Waste Water Treatment District, 112 Ohio App.3d 392, 396, 678 N.E.2d 992 (4th Dist. 1996) ...... 13

STATUTES

R. C. Chapter 6119 ...... passim

nlim I1^^^^DUC^IO^'

Amici Curiae cormnunitles in Northeast Ohio continue to suffer the devastating effects of

storm-wateryrelated problems, which have increased signlficantly over the past several ^^^ades,

These stonnwater problems include flooded and impassable roads and bridges, basement

ilooding; streamlsanks erodiiig the foundation of homes and roadways, and threats to water

quaLity. Many stormwater problems are regional, emanating froan increased development and

storgnwater volwne, streambank erosion, clogged drainage, and polluted runoff beyond an

individual cognmunity9s boundarles, Therefore, the conimuraltles of Noit1ieast Ohio depend on

ttie Northeast Ohio Regional Sewer District (the "District") to provide regional, cost9^ffectlve

solutlorase Indeed, addressing such intercomnianity problems is exactly why the District's fiftyn

slx cities, villages, and townships (the "Tdr^^niber Communities") joined together to form the T Dlstrict. ^;nsurprisingly, then, the Regional Storm.water Management Program (the "Program") is precisely the type of regional solution authorized by the plain text of the District's governing documents-its Petition for Establishment (the "Petition") and Plan for the Operation of the

District (the "Plan"), which were approved by the Common Pleas Court in accordance with the procedures required by the ^`reneral Assembly.' See R.C. 61l9.02-04.

The Eighth Appellate District's decision, by contrast, erroneously blocks the ability of

îmlclpalitles across Northeast Ohio to address these intensifying stOa^^water problems îl a regioraal, level in accordance with tlê. pur.poses of the District's Petition andPlan. It held that the

District lacks authority with respect to stormwater and hence cannot implemew, the Program.

Northeast Ohio Regional Sewer Dist, v. Bath Twp., 2013-Oblo-4186, 999 N.E,2d 181 , ¶ ^^ ^8th ______^ For the Court's converq^^iiceY ^.^e l3etxtiorz and Plan as approved by the Cuyahoga County Court of Common Pleas in 1979 is attached as Appendix A. References to this Appendix are referenced with "A" and the relevant page number. Dist.) ("NEORSD'Y). Its decisloii is flawed in two respects. First, it held fnat no district created

pursuant to Chapter 6119 has authority to implement a stormwater management program, Id. at.

58. Second, it held that-even assuming Chapter 6119 ^e-rniitted such a progra^ra------this District

could not adopt the Program because its governing documents do not provide that authority. Id.

at^ 60m64. As t^ th-, first error, Amici agree with Appellant's first proposition of law, and

hereby adopt the arguments of Appellant and the Coalitloii of Ohio Regional Distrlcts ("CORD")

demonstrating that districts created under Chapter 6 11. 9 have statutory authority to operate

regional stormwater management prograins.2

Amici write separately with respect to the appeals co3a,rt's second error in order to emphasize the Eighth Appellate District's misinterpretation of tne District's Petition and Plan,

As Member Commimities, Amici are uniquely qualified to 1nfonn the. Court as to the interpretation of the Petition and Flan as widerstood by the consenting communities that formed the Dastract, In this regaxd, Amici support the Appellant's second proposition of law.3 The plain language of the Petition and Plan authorize the District to implement the Program and a^endant fee. Specifically, the text clearly establishes that "[flh^ purpose of the District shall be the est:ablgslLment of a total wastewater control system3^-zxwastewater" incli-ides "any sto-rm watery'-arid, accordii-igIy9 the District is charged with constructing "sxor^-i water handling facilities," and with developing a "detailed integrated capital improvement plan for regional

2 Proposltlor^ of ^aw No. I states in ftill^ "A dlstrict formed pursuant to R.C. Chapter 6119 is authorized to r.nanage stormwater which is not combined with sewage, and to impose a clzarge for that purpose. Such a charge ls ^iie sEtfor the use or service of a water resoirce prctiect or any benefit conferred therelv+y,3`5 ' Proposition of Law No. 2 states in full: "When a.Petixl^n and Plan of Operations grant a R.C. Chapter 6119 district the authority to operate storna water handling facilities, that District is authorized to create and implemewt a regional stormwater management programo including imposing appropriate charges to operate that program."

-2- management of wastewater collection and storm d raarfage.'4 Al, ^ 4, A2, 5(c)(1); A8, 5(m)(3);

R.C. 6119.01,

This textual analysis is critical. No community was forced to be a mernber of the Dis-Eri.ct9

each joined voluntarily to address regionally the goals and p-arposos as sot fomli in these

documents, and they delegated the responsibility for e^'eettiating such purposes to a Board of

Trustees accountable to elected officials, See R.C, 6119.02; Seven Hills v, C-^^^^^^nd, l Ohio

.App.3d 84o 90, 439 NX.2d 895 (8th Dista 1980) (construing Chapter 6119 as requiring voluntary

inclusion). 'I'he text of the Plan and Petition that the Member Communities submitted to the

Comrraoo. Pleas Court in foranirag th.eir. District is the best indication of that voluntary

oommitgnento

Additionally, Amici emphasize the catastrophic impact that invalidating the Program will

have on their communities. The Eighth Appellate District's decision thwarts the ability of the

District's fifty-six Mernber Communities to manage the destruction caused by stormwater runo^'f that is too grave and too widespread to be addressed by inadequate municipal budgets a^dMthin tl-ic limited boundaries of any single oommwiity. "I"ho trial testiinoiiy of Shaker Heights Mayor

Earl Leiken, as well as oxaanpies from several Member Communities, exemplifies these probSems. Quite simply, because stormwater is a rogionai problem, defined by ocoiogy and topography, iowea-oievation communities bear the brunt of poor upsiToam stormwater management and are burdened witka. problems t-hat transcend their i7ol.zndarROs and budgets. The

District was formed over forty years ago to provide regional soiutioiis that are costMeffective and efficiently solve stornwater probierais rather than inovirag these problems to the next d.owo.stroam community. 'Fiaus, tb-is Court should reverse the Eighth Appellate District's decision and allow

-3- the District to implement the Prograin in accordance witli the mandate set forth in the Petition and Plan.

STATEMENT OF INTEREST

Amici Curiae are eighteeii of the District's ^^burban. Member C€sxr^.unIties thet czarrenti-y feel the devastating effects of regional stormwater problems. A-micI, as individual cities, villages, and tow-nships, do not have the resources or capabilities to resolve all oI'these problems, in part because of the great economic resources r^quared, and in part because such problems are often caiised by development and other activities in neighboring communities that exteiid beyond their boundaries. Instead, these communities rely on the District, and particularly the Program, to address regional stormwater problems. The District, in their view, is best able to rnan^^^ stormwater issues from a systematic, regional perspective, and in turn it helps the communities within the District share costs of solutions to regional problems. In order to demonstrate the importaii^^ of the Program, Amici have attached an addendurn detailing specific regional stormwater problems that they are currently having di^'^"^cu[^P resolving on their own and that would be addressed by the District's Prograni.

Notably, only ten of the fifty-six commi-mita^s are contesting the validity of the IDrogram,

By submitting this brief, Amici emphasize that Appellees do not represent the prevailing view among Member CommuiiitIes. Rather, tI-ie Amici Commurdties recognize that the District is authorized by the Petition and Plan to engage in regional qtormwater managemer^xt, and to charge a fee to I"-und such operations. 'I'he:L7iskract, grsver^ed by a Board of Trustees ^ccountczbl^ to (and substantially consisting of) elected officials, i^ charged with addressing intercommunity stormwater issues, and the Board unanimously vote^.i to adopt the Program. Individual e;upstream54 co =uni^^^^ carmot opt out of such shared responsibility. Accordingly, Amici

-4- res^ectf-ully request that the Court allow the decision of the Trial Court to stand, and reverse the

Elgb.th Appellate :Dlstrict's decislon,

STATEMENT Of CASE AND FACTS

Amici Curiae adopt the ^tatemeni raf t1^^ case and facts from the District's brief and

therefore do not repeat the full details of the facts and procedural b.astory, Arngci, however,

separately emphasize the relevant statutory background and detail the particular documents that

are relevant to their argument as to the interpretation of the DlsiTlctss Petition and'Plan.

1. ^tatu^^ry R^qui^ements for Establishing a District

Chapter 6119 sets forth the procedure for e^^^wiitl^s to form a "regional water and

^e,wer district." R.C. 611 9.01. First, the "legislative authority" of eacb, community that will be

part of a district ^^s't- give its consent to be paa of a dastrlct, R.C. 611 9,02. Those communities

must then file a petition in the court of common pleas. The petition must include the foundational elements that constitute the purpose al-id ^tiu^ture of the district, Specifically, the stat-ate requires that the petition state: (1) the "necessity for the proposed district," (2) a "general description of [its] purpose," (3) a "general description of the territory to be included," (4) the details of the "manner of selectlorfl9 the number, the term, and the compensation of the members of the governing body rs^^.` the slgstrlcIt,5" and (5) the "the pla.nfor financing the cost of the operations oftl^e district -a.ratll it is in receipt o1'revenue from its operations or proceeds from the sale of bonds," R.C. 611 9,02(A)(3)-(7). So, at the outset, all Member Communities-including the Respondents-voluntarily agrued to the Districl"s elecisdon-making structure.

Upon filing such a petition, the court o1'coma^on pleas must +^^^e.-Inine whether the proposed district "probably is necessary and that it probably will. be conducive to the public

1^ealtli, safety, convenience, or welfare" of the communities. R.C. 6119.04(13), Ifl^ so determines, the dlstrlct is fannecl solely for the purpose of appointing trustees and preparing a

-5- plan for the operation of the cllstrict, Id. The plan of operations is an outline for implementing

d^^ pwposes detailed in the petition. The statute does not require that such plan include every

project, program. , fee, initiative, grant, or other action that the district may undertake. It must be

a general plan of operation. See id. After submitting this plan, the court of common pleas must

hold a hearing regarding the creatzor. of'the district ^id entertain objections to its creation. Iflt

"appears that the proposed district is necessary, that it and the p1anfor the operation of the

district are conducive to public health" and otherwise meet the requirements ol`the statute, then

the court "shall declare the district finally and completely organized and to be, or to be

empowered to continue as, a political subdivis^onag' 6119o04(D).

Once established, a district is a separate political sti.lsdivis^^n with the power to "sue and

be sued; to incur debts, liabilities and obligations; to exercise the right of eminent dornair£ and of

taxation a-nd assessment as provided in [Chapter 6119]; to issue boracls; and to perform all acts

authorized in [Cliapter 61191 and to ^^^ctite and caffy out the plan for the operation of the

district." Id. See also 61 ]. 9aQ^ (enumerating powers of districts, including power to sue, acquire property, adopt regulations, enter contracts, "[c]harge, alter, and collect rentals ^id other charges," etc., "without obtaining the consent of any other political subdivision"). Once approved, the district may also "^end, modify, chaiige, or alter the planfor its operation as the

1^oard of trustees froni time to time may deem necessary.'P 611 9,^4(D). Ther^fore., the board of t-ustees may pass regulations, raise revenue, and otlxerN-6se implement programs that fall within the scope of its approved petition and p1anfor operations. See ad,

Anticipating tl-iat districts may need to adapt over the years, Chapter 6119 also sets forth specific provisions as to when a district must "petition for modification" or otherwise seek permission of the court of cornmon pleas before chang1ngYts structure. For instance,

-6- R.C. 61.1 9.0S 1 states that a district must petition the cotir^ of common pleas for modification if it

wants to: (1) "[i]ncrease or add to its purposes" that vvere previously approved by the court;

(2) "[a]bandon or surrender any purpose" that was previously approved by the court; or

(3) "5[a]rnerad an^ provision of the petition fled pursuant to [^...C.] 6119.02 [which delineates the

elements required for any petltlon as enumerated albove]." The statute does not require court

approval for any other changes.4

II. The District's Petition and Plan for Operations

In accordance witli the praced-ar^^ set for^h above, the ^^yah^ga ^otmty Court of

Common Pleas (the "Common P1eas Court") originally approved xheDis trict' s Petition and. Plan

in 1972, creating the District at issue liere that e-neompasses communities in Northeast Ohio.

Ar^`ORSD at T 5. The original Petition and Plan were modified and reapproved by the ^onimor3

Pleas Court in 1975 and again in 1979; the 1979 Pet1^on and Plan thus govem the limits of the

District's authorlty, Id, at 17o Here, the Petltic^ii and Plan are combined into one d€^ctun^nt that was attached to the Common Pleas Cotrt's order as Exhibit A. See Al-Al 1. This document sets forth the elements n^^^^sary for a petition, as specified in R.C. 6119.02, aaid contains a, separate section detailing the "Plan for Operatlorg, of the District." A2, A8 '¶ 5o'

The Petition and Plan contain several sections that are relevant to the authority of the

District to implement the Program. At the outset, the I'etatiora states that the District's purpose is

"the ^^tablashr^ent of a total wastewater control system for the collection, xr^atni^^t and disposal

^Court approval is required for including additional xemtory in a district only if the board of trustees fails to grant approval for adding the terrltory. See R.C. 611 9.05. 5 T1

-7- of wastewater ^ithgn and vitk^out the Dlstrict.Y' Al, Ji 4. In this context, the term "wastewater"

is the s;^e as the terrri used in Chapter 6119, which is defined as including "storm water."

R.C. 6119.011 (k). 'I'^ effectuate this broad purpose, the Plan states that the District shall develop

a plan for managing intercommunity stormwater drainage. It states:

"The District shall develop a detailed integrated capital improvement plan for regional management of was^eweLer collection and storni drainage designed to identify a capital improvement program for the solution of all Intercorrmunity drainage problems (both storrn and sanitary) in the DIstrlct."

A8, ¶ 5(m)(3). It also states that theDistract will "plan, finance, construct, operate and

c€,ntrol . , . stonn water hailclliiig facilities." A2, T. 5(c)(1). As for financing, the Plan anticipated

that some projects would be eligible for grants from the Ohio Water Development Authority or

Federal G®verrar^ente A4, ¶ 5(c)(2). District projects that do not receive such funding a;.e

financed "in such a manner as may be deemed appropriate by the:F^oard of Trusteeso" A4,

¶ 5(e)(3); see also Al 1, ¶ 8 (anticipating "receipt orr^^enue from [the District's] operations").

The Petition and Plan demonstrate that the District's authority is over regional or intercommunity concerns, and is not meant to us-urp local authority. Indeed, local communities, such as AinIci here, may have local was^^water (storr^ and sanitary) programs and faciIltaes. I'he

District4 sPetItIon as-id Plan demonstrate that such local systems remain under t-he control of the localities unless the local community agrees to a.rve ownership or control to the District. A7,

¶ 5(m). As the Plan states, the District has authorifiy to "pIariS IInar#ce, . . . and regulate local sewerage collection fac-ilitles and systems writhin the District, including both stann and sanitary sewer systems," but it cannot construct, ^N-,,ns or operate those local systems withotgt consent from the locality. Id. It provides:

"The District shall not ass^.e o-wnership of anv local sewerage collection facilities and systems nor shall the 6isxrict a.ssum- e responslbilit^y or incur any IIabillvy for the plarmizigp financing,

-8- construction, operation, maintenance, or repair of any local sewerage collectic^ii facilities and systems unless the assumption of sLicl°s ownership, responsibility, or liability is specifically provided for in a written agreement between the District and the respectave local corr^^unity,ys

Id. Accordingly, while local commw-iities retain coiitrol over their respective systems, the

Distnet addresses inter^onimi-inity and regiogial wastewater (storm and sanitary) programs and

facilities. :5ee id.

The District's decisions with respect to the creation and implementatl^^ of projects

within the scope of the P-Vtl¢l^n and Pian are entrusted to the lôard of Trustees, which serves as the Distrlct's ``govemlng boclyaQ' A9, I T The Board of Ì'ristees consists of seven members who each serve a fivenêa^ ^^rw.. Id. Importantly, the trastees are appointed by elected officials who are accountable to voters for the decisions of their appointed members. &e id. Currently, four of the seven Board Members are themselves elected officials or former elected officials.

Two of the members are appointed by the Mayor of Cleveland; they are ^amell Brown,

Chief Operating Officer for the City of Cleveland, and Sharon A. Dtunasy Director of Finance for the City of Cleveland. 'I'wo members are appointed by tl-ic Suburban ^ouncil of Goverrments, which is a body comprised of all municipalities lnclud.ed within a sLabdistrict of the District's tearltorya they are Jack M. Bacc1,Mayor of the Villa^^ of Cuvahr^ga Heights, and Robert A.

Stefanik, Mayor of the City of North Royalton. One member is appointed by the Cuyahoga

Couiit^ Board of Cousity Commissioners 6 to represent all municipalities with the Three Rivers

Watershed District; he is Timothy 1^eGreeter, Mayor of the City of Par^ia. Another member is appointed b^r the subdistrict having tl^^. greatest sewage flow, which is Cleveland; that member is

6 Becauseo starting January 1, 2011, Cuyahoga County switched from a ga^^^^^ent administered by a Board of County Crsmrnissloners to one administered by a County Executive and Council, the County Executive now appoa-nts this member,

-9- now Walter O'Malley, the President of IBEW Local 38. The seventh member is appoiiited by

the stabdistrict having the greatest populatgon, Which is represented bv the Suburban C^thici1 of

Governments; that inember is now Ronald D. Sulik, the fonner Mayor of Newburg Heigti#s. See

A9aA 10, 7; htt-o:/lwvvw.neoasd.org;`board.php (last visited April 21, 2014).

In January of 2010, after having studied the impact of stormwater in the region for

severall yea.rs} the Board ofTrusL^^s approved the Program unanimously. Tl^^ ^oarc^ approved

adding the Program to its Code of Regulations as Title V in order to manage str^nnwater problems itz the region that are so pervasive and critical that their neglect would have v6despread intercommunity effects, and to protect the viability of Northeast Ohio's maia^. water resources, including Lake Erie. It is that Program, described in more detail by the District, whic}i is the subject of the instant challenge.

ARGUMIENT

^^^posit-ion of L,aw: When a Petition and Flan of Operations grant a R.C. 6119 district the authority to operate storm water handling facilities, that :Dastraet is authorized to create and implement a regional stormwater management program, including imposing appropriate charges to operate that program.

']"he Dgstrict has the authority, under its Petition and Plan, to implement the Program. As explained hereaii, not every new initiative and fee implemented by the District requires approval from the Common Pleas C;rsurt5 only programs that change the purposes of'the District or that amend its Petiti€^^^ need court approval. See R.C. 6119,051. Here, the ^^^grain neither changes the purposes of the District nor amends its Petition. Rather, as evinced by the s^^ûinent}s plain text, managing storrnwater z.a-id implementing a -fee to fund stich operations falls within the scope of the Petition and:^ân that were approved by the Common Pleas Court in 1979. Moreover, recognizing the Distriet's authority to implerênt the Program does not conflict witi-i the Petitzon. and ^lan's protections for local wastewater manageinent facilities. Indeed, Withou* the District's

-10- leadership in managing regional stormwater issues, the Amici C^mmun. at^^s will suffer

devastating environmental and ^'^nancial. consequences. Accordingly, the Eighth Appellate

District's decision should be reversed.

I. The Petition and Plan Give the District Authority to Manage Stormwater and Implement a Fee to Fund Such Op^^ationso

A. Chapter 6-119 Districts Have Authority to Implement New Programs that Fall Within the Scope ofTh^ir Petition and Plan Without First Seeking Court Approvaio

Chapter 6119 establishes a framework whereby districts must seek court approval for new programs that alter the foundational elements set forth in their petitions. However, a district may impler^e-nt regulations that fall within the bounds of the existing petition and plan without court oversight. T':^^^ framework is explicit in the text of Chapter 6119.

Section 6119.05 1, entitled "Petition for modification of district," enumerates three instances where "xE^,]t any time ^ler [its] creation" the district must "file a petiti^s^. in the court of

^on^ion pleas" requesting permission to change its foundational structure and purposes> First, the district must seek court approval if it Nvmits to "[i]ne_rease or add to its purposes [previously] approved by the cotat so long only as its purposes are those described in section 6119.01."

R.C. 6119.^51(A). Section 6119.01, in tums enumerates the possible pm-p^^^^ that a district may have. Itmay^^^st: "(A) To supply water to users witlli^ and without the distriet'P or "°(^) To provide for the collection, treatment, and disposal of waste water %Arithin and without the distric.t.7g

R.C. 6119.01..' Accordingly, if a district was approved to serve only one purpose, but wants to add the second, it would need to petition the court of common pleas for modification. Second, and conversely, a district needs to seek court approval ^l-ien it wants to "G[a1bandcan or surrender

7 "Waste water" includes stormwater, as explained. in Part L B5 infi°a.

-11- any purpose [previously] approved by the ^^urt." R.C. 6119,05 1 (B)o If, for exan-iple, a district wanted to stop its water-supply:^^^ct^^^s and focus only on wastewater management, it would need ^o-art approval. See id,

Third, and lastly, a district must seek approval from the court of common pleas to

G,^^lmend any provision of the petition filed ptirsuant to 61IM1" AAs descri'^^(i above, the petition must contain the fundamental organizationa.€ elements of a district, including the district's name, necessity, purpose, governing structure, and manner of selection of its board members. See R.C. 6119,02141 )-(?), To change any of tl-iose building blocks of the organization, the district must first get approval from the court of common pleas. 13ut it need not seek court approval for implementing ^^ew prograr.is or rnaking otlier changes that are wzt:^^in the scope of the petition already approved.^

By ensuring that a district does i,at deviate from its essential organizational structure, yet

^^ôwigig it to implement new progra^^s without court supervision, Chapter 6119 establishes a careful balance, If there are structural changes to the district, including alteration of those core clenierits se-t fort^ in the ^^^^^ôn (ix., the composatiort, of the board of trustees), it aîa^^^ ^^^^^^ that ther^ ,,vould need to be approval from the court of common pleas. The General Assembly contempleLed a system requiring the court of common pleas to approve the basic elements of a district, including its method of decisionRmakiilg, and requiring all member comniumities to consent to that structure. Were that structure to change, approval would therefore be appropriate to protect tl^^judacia.ry's oversight of those elements, as required by statute.

8 EJere, the District did not seek to amend its Plan. The statute, however, provides that once a district is approved, it may "amend, modify, charige, or alter the plan for its operation as the board of trustees from time to time may determine necessary." R.C. 6119.04.

-12- Following this priaiciple, the Fourtli District Court of Appeals held that Chapter 6119

districts must seek approval from the common pleas court before. changing the method by which a board of trustees is selected. In Village of Glovster v. 7"rimble Township Waste Water

Treatment District, the district's petition stated that board members from each included community were to be appointed by the mayor and approved by the city council of that

^^^ininunity. 112 Ohio App.3d 3921, 396, 678 N.E.2d 992 (4th 1=list. 1996). After a deall^ck between the mayor and city council, the board passed a resolution stating that any vacancies not filled within sixty days ^ouldbe filled by the board, and subsequently appointed a new board m^mber. Id. at 394. The court concluded that such action was improper because the board had changed the selection process wgthout amending the district's petition aiid receiving the requisite court approval. Id. at 396. It explained that the petition is "very clear that the power to appoint the board lies with the mayor and the city council, not with the board itself:" Id. That x4appognt.rnent procedure was obviously meant to be a check on the district's power by the participating political subdivisions." Id< Thus, the court held that the board could not unilaterally change the petition's appointiraerat clause. See also Kucinich v. Cleveland Regional

Sewer Dist., 64 Ohio App.2d 6, 16, 410 N.E,2d. 795 (8th Dist. 1979) (holding that city council could not change the way the board was appointed with.owt petitioning for a change and seeking approval in ^ourt).9

9 In Kucinich, the Eighth Appellate District ênti€^êd. that the "established procedure for amending either the petition or plan is by filing a petitiora with the court reqtiestiaig an amendment or modification of either the petition or plan.75 Kucinich, 64 Oliio App.2d at 16. But its reference to neeciiti,^ court approval to amend the plan is dicta, as that case dealt only with ciânging the process for choosir^g.-,nembers of the board of trustees, an amendment of ^.^.c petition. Court approval is not needed to modif^r the plan. R.C, 6119.04^^^ (distric,t may "amend, modify, change or alter the plan for its operation as the board of trustees from time to

al^n By contrast, a district and its board of trustees are empowered to pass regulations and implement their Petition and Plan vit.ôut first gaining permission from the coa= of common pleas. See R.C. 6119,06y07, As the Tenth District Court of.r^^êals has recognized: "A distinction must'ê drawn between the organizational plan of the district, which must be approved by a court of common pleas, and specific plans necessary to implement the broader creating plan." In re Appeal qfêfferson Twp. .^d of Trustees, 78 Ohio App.3d 493, 498, 605

N.E.2d 435 (1Oth Dist. 1992) (requiring no cotni approval when the "organizational plarf, has not been arnena^ed , . . and no specific implementing plan is presently in place that -%krill be. compromised" by proposed change). Chapter 6119 does not include any provisions r^quirl,-,Ig catwt approval of new prograrns and fees that solely implement the Petition and Plan. And there are good reasons that the Legxslature gave districts authority to implement their purposes without cou.rtoversaght. A Chapter 6119 district-rather than a^ourt-has particular scientific, technical, and enviraaa^^^^tal expertise about how to manage wastewater (storm and sanitary). By allowing the district flexibility in creating new programs to achieve its goals, the legislature recognized the expertise of a separate political subdivision.

Even when some member coir^munaties (and perhaps the court) disagree with a particular program approved by the board of trustees, it would be improper under the structure of

Chapter 61 19 to invalidate the program if that program falls within the bowids of the district's petition and plan. Chapter 6119 (loes not require a district's member communities to agree on all major initiatives; the district is a separate political stabdivisgon with its own ^:^uthority, '^.`he

, -i time may deem necessary.'S (Einphasls added.)). At anyrate, t1-ie Board has ^iet an^^nded the Plan here by adopting the Program; it ix^ste^.^. is implementing tfze 1'l^,

-14- communities have ex ante consented to, and the court has approved, both the purposes and the decision-m^.iaig structure for dzstrzct. Indeed, to form the Distrzct, all Member Conimunit,^^s voluntarily agreed to the decisionsmaking stnflcture. See R.C. 6119.02. They were not forced to join the District or consent to the Board's authority. Accordingly, once a district is formed, the communities and court have already agreed that implementation of the delineated purpc^^^s will be carried o-Lit in the discretion of a governing body with an agreedmto composition. A court should not, then, second guess the board's decisions-^^en substantial ones-just when some communities may not a9ree.

As reflected in the text of Cbapter 6119, the Generax Assembly has ziot provided oversight for each decision a district makes to implem ent its petition and plan, including decaszoais to impose fees. Nor has it required community consensus even for a district's niaaor decisions. It would contradict the balance of authority that the General Assembly established between a district and the cr^u-rt of common pl.eas for this Court to impose such rules at this j uncture. Accordiiigly, as l^^^g as a distract is acting within the scope of its petition and plan,

Chapter 6119 does not require it to seek approval from the court of common pleas when implementing new progrmns and attendant fees.

B. The Program and Its Attendant Fee Are Within the Scope of the District's CourtRApprov^d Petition andl Plan from 1979.

The Program falls Nvithin the scope of the District's cou.rtmappr^^ed Petition and Plan, and hence was properly implemented without prior court approval. A basic textual analysis reveals that the Program does not constitute an amendment or alteration to the 1Dexitior. or Plan, but is instead properly characterized as a set of regulations designed to effectuate the Distrr.cxYs originating purposes. Specifically, exarr^iniiig the Petition and Plan's stated purpose, references

-15- to st^^wa4er, and guideliiies for financing demozistrates that a regional stormwater management

program and its attendant fee is ^,"^atho^^^ed by the District's Petition and Plan.

As aii initiai matter, addressing sto^.water is within the overarching purpose delineated

in the Petition. Paragraph four states: "The purpose of the District shall be the establishment of

a total w^.stewater control system for the collection, treatment an^. disposal of wastewater within an^ ^Nri.thrsut the District." A 1, ^ 4. In this context, the term "wastewater" includes both sewage and storznwater because the lletition borrowed the term. "wastewater" from Chapter 6119, where it is defined as both "any storm water" and "any water containing sewage.}' R.C. 6119.011, It is obvious that the Petition ^^^owed the #errn "wastewater" from Chapter 6119. Paragraph four of the Petition parrots the language in Chapter 6119.01 exactly. See R,Ca 6119.01 (a district may be formed "[t]^ provide for the collection treatment, and disposal ol'wast^ water within and without the district''). Given that the Petition uses the exact same language as Chapter 6119, the two should be read to have the sanic rraeaaiing. See State v. Noling, 2013 Ohio 1764, 136 Ohio St.3d

163, 179, 992 N.E.2d 1095, 1109 (2013) (interpreting the same language in multiple ^nactmegits as having "the same meaning"). Indeed, had the communities wanted to 1"onn a District for a more llinit^^ purpose, they could have limited its ^copee But they did not. Accordingly, managing stonnwater is within the paarpose set forth in the District's Petition and 1^^an.

The fact that the District was 1'onned to manage stormwater is further evinced by the multiple references to str^^water t^^^^out the Plan; such references would make no sense if the Difit^.ct were limited to managing sewage only. Paragraph five sets forth initial x`[p_ Ilannings4 goals for the District. A8, 5(m)(3). It states:

"The District shall develop a detailed integrated capital improvement plan for regional management ssl' wastewater collection and storm drainage designed to identify a. capital

-16- improvement program for the solution of all i^^^^^oirsnunity drainage problems (both storm and sanitary) in the I:3istrict."

Id. By the plain language of this section, ^.^.e District is chargedwith designing a "prograrrs for the solution of all intercommunity drainage probl^i-ns" including "storm drainageo" id. There is no requirement that the storrn c.ii-ainage progr^z be limited to -orotecting t-h^ sewage system; rat.herq "both storm and sanitary" drainage are part of the District's charge to provide

"intercommunity" ixast^water salutions. Id, The Frc^^^arn seeks to manage int^^^onimunity waterways, cc^p-trol cros:a^^ and flooding, and address the damage done by stormwater drainage prob1ems. As such, it fits within the plain l^..rigua^^ of the 131an.

The provision for developing an "'integra^ed capital improvement plan" to address "s^onn drainage" would make little sense if the .^^stn^^ had no authority to manage stormwater. Yet the

Eighth Appellate District failed to interpret ^l-iis section according to its plain ^eaning. It reasoned that the District could only address "'st^rm drainage.s^ within the confines of its authority to 45Gp1an local sewerage collection facilities and sys^ems."g ^N,'EOR^'.,^ at 60m64

(citation omitted). But, as demonstrated by the language quoted above, the:I^^strict' s authority to develop "regional rraana^^^^^^ of wastewater collection and storm drainage" is ^^^^ so limited.

The T^iai Court, by contrast, noted the importance of this section in holding that the District has authority under its Petition and Plan for addressing stormwater. See Case No. CVm 10a714945,

Apr. 21, 2011 JE & Order, at 4. 'I'^^^ Court should not disregard the plain language of the

13'etztion and Plaii, which demonstrate the District's authority to manage stormwater.

Moreover, this reference to stormwater is not ar, isolated re.ference, so its ^^^^îfia;ance cannot be misconstrued as suggestiiig that the District c^^^y has authority over stormwater when it would serve its authority to control ^^wage, l`^^ ^âinp1e7 in describing the construction responsibilities of tt^^ ^^^^^îct, the Plan includes facilities relevant to managing ^ômiwater.

-17- Paragraph five states: `SThe District will plan, finance, construct, operate and ^ont.rol wastewater

treatment and disposal facilities, . , , retaining basins, storm water handling facilities, and all

other water polltiti€^^^ control facilities of the Dlstrlct." A2, ^ 5(c). Again, the Petition and Plan

refer broadly to all "wastewater" facilities (which includes storniwater), not just sewage facilities,

and it gives the Dzstrict authority to construct "storm water handling facilities," See cilso A2,

i' 4(e) (giving the District `dregulatoa^, authority over all wastewater collection facilities and systems within the District"). These provisions demonstrate that managing stormwater has always been part of the District's authority.

Additionally, the plain language of the Petiti^^i and Plan reflect the District's authority to impose a fee to ^naiice its stormwater operations. 'Rather thari establishing specific fees and sources of financing that the Board could utilize, the I'etltlora and P5a^^ explicitly delegated to the

Board the responsibility for determining the most appropriate financing mechanisms, For instance, tlie Plan "contemplate[s]" that some of the District's projects will be "eligible for financing under the program of the Ohio Water Development Autnorlty, the State of Ohio or the

Federal Govemnieiit,;7 and provides that the Dls#rict should use s^uch funding sources to the

"fullest extent [po:ssible].}g A4, ^ 5(^)(2). But the Plan anticipates tllat n.ot all programs will be so funded. It provides that"[^]ny project" not financed by these grants will be "financed in such a manner as may be deemed appropriate by the Board of Trustees.'g A4, I 5(e){3), This discretion is not restricted to getting grartsP there is no such limit in the text. Indeed, the 1'etitl^n anticipates that such financing may come from "receipt of revenue from its operations" or from

"the sale of bond.s." Al 1!18o

Accordingly, the Petition and Plan recognize that the District may need to implement fees to fund its operations-and it leaves that decision to the discretion of the Board of Trustees, who

-18- are appointed by elected officials pursuant to a 'Lormula agreed to by all corrmunitlefi. When the

^oard of 'F'ru^^^^s voted unanimously to impose a fee to finance the Program, it was acting vvathlra the discretion set fartli lnthe Petition and Plan. The Petition and Plano therefore, authorize the District to in-iplement the Program and its attendant fees.

C. The Program Does Not Infringe Upon the Protections for Local Control Established in the Plan and Pet1tion.

Nor does the Prograrr: coiifli^t wit^'i any provisions of the l3ewition and Plan. Before the

Eighth Appellate District, Appellees a,r^^^ed that the Program "directly conflicts" %rith the provisions of t1^^ Petltiort, and Plan that prohibit the District from "assuming ownership, control and/or responsibility for locally-controlled systems without the local community's consent.g,

Common Opening Br, of Defendants-Appellants, Case No, CA-12-09872^ (filed Nov. 19, 2012) at 32. This ar^^^ent fails, however, when one analyzes the relevaritt text of the Petition and 1'laii.

Indeed, ilelther the Tric-il Court nor the Eighth ikppellate District held that the Program would cause any "local-controlled systems facllitles'y to be improperly appropriated by the Dlstrict,

'I'he Petition and Plan provide for local autonomy over l^cally-s^^^ed sewage collection facllities, The Plan stwteso

"The [Sewer] Dist-rlc t shall not afistun^ ownership of any local sewerage collection facilities and systems nor shall the [Sewer] District assume responsibility or incur any liability -for the planning, ^`inancir^,g, construction, rrperatlors, maintenance, or repair of any local sewerage collection facisiti^s and systems unless the assumption of such ownership, responsibility or liability is specifically provided for in a ^.^^rit:ten agreement between the ^^ewer.l Dlstrict and the respective local cc^mmunity "

A-11, T 5(m.). ^^ee also A8, T 5(m)(2)-(5). Tl-ius, localities have control over their own sewage collection facilities. Such local control is important to Amici C orramunities, who have invested greatly in their local systems; biit they understand that the Program cannot infringe on that autonomy without their consent.

-19- The Prov-ram does not conflict with these provisions because it neither requires nor allows the District to control aiiy "local sewerage collection facilities and systems" 'withc+ut the c-onununity's consent. A7TA8, T-1 5(m).

Assuaging any ^oncems on this point, the Program clearly states: "nothing in [the

Program] shall be construed to infringe upogl or supplant a Member Cor^unity's . o o power.5,

Pl"s Tr. Ex. 2, § 5.0107. The Progrw. is targeted at regional and intercommunity stormwater issues. To that end, the Program defines the scope of its "Regional Storr.iwater System" as "the entire system of watercourses, stormwater conveyance structures, and Stoa^^^^ter Control

Measures in the District's service area that are umn^d and/or operated by ikie District or ever which the District has right of use for the management of stor z^water," which generally receive drainage "from three liundred (300) acres of land or more." ((Emphasis added.) P1's Tr. Exo 2,

§ 5.0218. This definition does not allow the Dlstrict to take control of any str^ain, culvert, or other structure that it does not otherwise have a right to control. As the plain. l.angizage shows, it includes areas "that are owned and1or operated by the District" or areas for Which it already has a

"right of usea'y Heiice, the District must requesd" consent to ^el, a "right of use" from local govemments, private residents, and busipess if it wishes to manage stormwater on their property.

It is not authorized to, nor purports to, usurp local power.1° As a result, the Program does not conflict with the terms of the l3etition and Plan.

Accordingiy, there is no basis for e^iielutiing that the Prog.r^i and associated .fees fall outside the bounds of the Petition and Plan. The Program represents a "specific pzan[] necessary to implement the broader implementing plan," not a change to the "orgamizati^nal plan of the

10 'l"1Ae District also stipula^^dthat it would not undertake any construction projects on the Regional Stormwater System without the consent of the Member Cor^^munity where such project wou^id be 1ocated. Apr. 2011 JE & 0, at 3; 1~ eb. 2012 Op., at 12.

-20- district." =Te^'f'ers•^^^ Twl3,, 78 Ohio App.3d at 498, 605 ME.2d. 435. Thus, no ^^^^ court approval is necessary under Chapter 6119, Id. This Court should recognize the District's authority-Per the plain text of -th^ Petition and Plan voluntarily agreed to by all Member Communities-and reverse the Eighth Appellate District's contrary holding.

1, 1. yn^^^^^^^in^ the Program Would ^lave Catastrophic Consequences for the .Abilaty of Member Communities to Manage Regional Stormwater Problems.

The Eighth Appellate District's decision to ^^^validate the Program not only disregards the text of the Petitzop- and^lan3 it also results x-n devastating consequences for Member

Communittes, Fzrst, regiogial stormwater problems require regiorial solutions that are beyond the su^ê (îd ûdget) a^-Lr any singse locality. While individ.uM communities already expend great s-Lams to deal with local. stormwater issues, they depend on the District to add-ress intercaûnunity problems. Yet wzt}iout the District'^ leadership, tl-iere is iio existing authority that can provide those intercommunity solutions. Second, given the interconnected origins of stormwater problems that span broad areas, it is difficult to apportion financial res^^^îbi:(it.y. Without the

District's Prc^^rain, lo-vv^^^^êvation communities that ^^^^^^îice the brunt of stormwater issues catised upstream are ^mfairly saddled with. the financial respolisibility of resolving problems caused or unaddressed by other communities. The Eighth Appellate District's decision thwarts sharing financial responsibility ông all implicated localities and holds lower elevation communities subject to the whims of higher elevation coinmunities, Starnrxat^r problems have significantly increased in recent decades, so without the Program, the devastation caused by storrnwat:er problems will continue to be exacerbated, catising significant harm to lakes and rivers in Northeast Ohio.

't"^^ Eighth District's decision eliminates the main tool of the comnyaniti^^ of Northeast

Ohio to address ma.jor stormwater issues that affect more than oiie corrm-iunity. ^^onnwater

-21- issues are most often regional issues, determined by the natural landscape and ecosystem rather

Lh^ governmentTdrawn municipal borders. As a natural result of topography, stormwater issues are often not confined to a single muiiicipa1ity or tovvrnship. Overflowing lakes and streams from one city cause flooding in another. A faulty dam or a lack of containment at one part of a river

:mpacts all communities ôwnstream. Stor^.water runoff from a parking lot or roof top in one city may cause problems, including erosion (and resulting structural dan-ia9e), clogged drainage systems, and polluted runoff, that are felt in a neighboring area. For instance, sediment carried by runoff frorrt, various corrmLmiti^s washes iiito sectaoiis of the Cuyalioga River, adding to the cost of dredging required to keep the channel open for commercial shipping. Similarly, excessive stormwater voxum^s flowing into flie streamside corridors an^.^ flc^^^^lairas of the celebrated "Emerald Necklace" result in floods, debris blockages, and costly maintenance and repairs in the Cleveland Metroparks. Quite simply, stormwater frorr^ communities at hagher elevations flows downstream and impacts e.oirirzûnit^^s at lower elevations. Accordingly, neglect of stormwater management in one higheraelevated city may result in destruction to bridges, roads, xznd other essential inf'rastructure in cities at lower ^êvataoiis, and downstrearn communities ofteii do not have the resources to address these problems. In addition, the best solution to many of these problems is often tipstream. and o-atîde the bo€a.r^^daries of the most im-Pacfied comniYnities.

As the experts at trial demonstrated, because of topography and the lake and stream systems t^;.o^^ôlit Northeast Ohio, the communities within the District are -faîn^ ^lo^îngF erosion, sediment ^.ûzld-up, aaid other problems today. And the problems are only getting,%vorse.

Increasingly intense storm s dua^p deluges on. rooftops and pavement, aaid because the area lacks an effective stormwater management system, rivers, creeks, streams, and ditches overflow and

-22- I-1^od nearby homes and cause propeaty damage, The resu1t is that stormwater 1^'iltrates old

sanitary and combined sewers before backing up into ressdents' basements or overflowing to

area streams; debris and flooding blocks or undermines roads; natural ecosystems are destroyed;

and commercial shipping is threatened. Commercial businesses and thousands of Ohio families

lose money and time dealing with these problems of increasing severity. These are regional problems that require regional approaches to resolve.

The trial testimony of ^hak.er fleagl.°Ets's Mayor Earl Leiken exeniplifies the problems facing Amici that the Program would address, Mayor Leiken began by explaining that Shaker

Heights has "considerable" problems caused by stormwater, lnchiding deteriorating culverts, ert^di-ng streambanks, and flooding of roads an(1. lndlvE^ual resiclences. (11 /8%2011 Hearing

'1'rarzscrlpx 1 211-1 2, (Cuyaho^^. C.P. 'No, ^;^'-1 0-7' 1 494^'),) lr^. particular, Mayor lv,eil^e^. focused on the l^^^ that fO partially within Shaker Heights's punTaew, explaining that:

"[Shaker Heights has; lakes that actually act as retention basins, to sort of keep the water and store the water before it goes farther downstream." (Tr. 1211.) However, given increasing storrnwater problenis, the "lakes have been posing major problems" because "the lakes a.re . . . filling in with silt, which makes them shallower, so they [are] becom[ing] less ei'lective in performing that rol e." (Tr. 1 211 -1 2.) Also, the dams that support the lakes are not in compliance with applicable federal environmental standards. (Tr. 1212.) Problems Arith tne lakes lead to flooding, for example, lnTUTniverslty Circle. (Tr. 1216.)

'1`hese problems, explained Mayor Leiken, are regional problems. `lle lakes are geographically shared between Sh^.er Heights and Cleveland Hez;hLs and are owned by the City of Cleveland. 1213 o) And the major trlbuteiless including Doan Brook, start in the City of

Beachwood, run through Shaker Heights, and then continue into other communities. (Tr. 1214)

-23- He explained: `SE`l`'1ie problenis ut^^^ from carrying silt and other materials fTom wherever the brook ^tarts. CerWnly from parts of êachNv€ôd, on into the lakes. And then the water is carried down into other communities beyond S1iaker.y' (Tr. 1215). Indeed., the Mayor has, on a raiiiy day, actuall;r watclaerl the stormwater flowing down the streets from:1êa^^^ôd into

Shaker Heig:^t& (Id.)

liraportantly,Mayor Leiken explained that these problems "for one community are overwhelming." (Tr. 1217). Solutions would cost "millions of dollars," aiid "as a practical. matter, it's really impossible f-or [Shaker Heiglits] to do it" given its financial circum^tances. (Tr.

1217y1 8.) Accordingly, ^ayor 'Lelken recagir^^ed that the Dls^ct"s Programn would be a

"tremendous benefit to . . . Shaker Heights, but also a great benefit to the other communities that are impacted by the system" of lakes, rivers, and streams throti.ghout Northeast Ohio. As M:ayor

Leiken stated, he is not alone in seeing the serious need for the D€str^ct}s Progray.n. (Tr. 1218-19.)

Another example of the catastrophic consequences that will result from invalidation of the Prograni is from Cuyahoga 1-11eights. 'irhe Program would protect the Southerly Wastewater

'I'râtinent Center (d4ôutherl;r WWTC") during extrenie wetRwâtber events. The Southerly

WWTC discharges treated wastewater to the Cuyahoga River. Southerly WWTC serves over

530,000 people in thirty-eight Member Communities. During dry-wêatlrer conditions, the treated flows average approximately 1 00-1 20 million gallons per day. During rainfall events, however, flows arriving at ôutlierly WW"1`C increase dramatically. For ^xam. ple, on February 21$, 2011, sl,^^^^cant rainfall coupled with snow melt caused the flows arriving at the Southerly WWTC to increase to approximately 1.2 billion gallons per day, causing widespread flooding and over $1.8 milliorn in property âm. age. "I'he high flows were caused by stormwater entering sanituy and combined sewers across the Soutlierly WWTC service area due to area-wide storinwater flooding.

-24- When the Cuyahoga River levels axe high, the ability of the Southerly WWTC to discharge treated flows is also comproml^ed. Iligh river levels restrict the amount of flow that can be discharged safely. A U.S. Geologic Survey gage on the Cuyahoga River incllcaLes that this potential for ^^.oodldag during high river levels has significaxtly risen in the past decade. The

Southerly WWTCs operation is crucial to protecting the water quality in the Cuyahoga River, and hence all of Lake Erie, Yet without the Frogram, the Southerly WWTC will continue to be threatened by stor^water flooding, r^^tfltlng in catastrophic water quality problems. "1liese costly problems will only worsen.

'I'hese examples from Shaker fleaghts and Cuyahoga I-leights are but two of many examples of the severe consequences that will befa:ll :[°a^ember Communities without the 1Drogram.

Further examples fTom Amici Communities are included in the Addendum.

Crucially, the District's Member Communities do not have indepegident authority to resolve these intercommunity problems effectively. Without the District having this authority,

Mernber Coraununiti^^ can only attempt to rrtitlgate stormwater problems with repeated stop-gap fixes; they cannot systematically address the or}giitating sources of those problems that lie in municipalities bey^îd their jurisdiction. As a matter of law, cities, villages aiid townships- including Amlcl Curiae here-----tô not have the sole authority to effectively resolve strznnwater problems in neighboring communities that are caused by development and other activities outside of their municipal ^ûndaries. Member communities may only act w%thin. the bounds of theirjurisdictlon, l'or downstream ^^mmunlties, they cannot control the actions (or inacti€îi) of upstream ^nunl^^palitxes that may have direct and devastating effects on th-var coinmunitles,

'Fhe fifty-slx Member Communities have not been able to effectively collaborate to resolve these regional stormwater problems tbrough coordinated action in the absence of the

o255a District's authority. lndlvadua1 Member Communities are not equipped to lmplemertt the type of holistic sol^.tlons necessary to cost-effectgvely solve regional paoblem.s. Some municipalities- for example, the"upstream'a commuxities-havelAttl^ incentive to address stormwater issues if the ef-cects are only &.1^ beyond their own city l`znes. If the Eiglgth District's decision stzuids,

Member Communities are left lArith the impossible task of mitigating stormwater problems that originate ix other municipalities or that are simply too big for any olie community to liandl^ on. its own.

^tirthennore, given fne lrzterconn^ctedness of stormwater issues between communities throughout Northeast Olilo, it is difficult to apportion f^nm-ic1al responsibility and it is unfair to saddle certain communities witli the full responsibility of addressing stormwater con^ems, For instance, even ti-iough a particular dam may he within one mimicipallty, the effects of its disrepair may be felt by many other communities. The financial bu.rden. is logically and equitably a shared responsibility, and only through a regional approach ma'V' it be ^,^r^ated as such.

The Program requires significant costs that no city individually, or even a few combined, have the resources to finance. Among others, it includes a $3.5 million dam rehabilitation at

Horseshoe ai-id Green Lakes in the cities of Cleveland Heights and Shaker Heights, a $2.5 million dredging of G Tên Lake in the îry of Shaker Heights, and a. $2.3 million êw retention basin along the Chevy Branch of Big Creek in the City of Parma. Such large costs necessitate shared effort, and given the widespread impact of storm,%kYater issues across the region, an equitable distribution of costs is appropriate, Elimination of the District's aîthor1ty to implement t&-!e:prograrn threatens this regiori-wicl.e cost shariixg,

W-hen the District was formed, its Petition and Plan afforded the Board of Trustees the power to implement holistic, watershed-bs.secl solutions. 'I'hat autliority is manifest in the text of

-26- the Petition and Flan. In light o^^ortlaeast Ohio's moun^-^ng sxorrnwa^^^ problems, the Board a,aiian1mously exercised its discretion to implement the Program. The Cotwt should recognize that authority and allow these commiingtaes to manage stormwater collectively.

CONCLUSION

For the reasoiis stated above, Amgci Curiae r^spec^.^ult^r rea^uesl that the Court reverse the decision o1`1: ie Eighth 4ppellate District.

Res1aect1`-u1l^ submitted,

x... '"^ ^^1^^ McGee ^!r€â^^ (0030642) Neal M. Jam1son 005 911) ^â^^^^^^ ^,^ Recs^^^ CITY OF BROOK PARK Cl^.^d ^^^dler (4068394) 6161 Engle Road JONESDAY Brook Park, Ohio 44142 325 John H. McConnell Boulevard, Suite 600 1'el (216) 433-1300 P.O. Box 165017 Fax: (216) 433-1630 Columbus, Ohio 43216-^5017 Ema.al. [email protected] Te1: (614) 469-3919 F^.,^^ (614) 46144198 Attorney for City of Brook Park Email : ymcgeebrown^;.^ onesd ay. ôm ^êadlerCaion^^day. com

Attorr^ey for V11la^e of Cuyahoga Heights, V1l1age of Moreland Hills, and Orange Village

^a^ w-y __-_ _ lj'a -^ ...... K ...... e ^ S^.o^,^ C1a^.ssen (^B€)"^446:^) ro^^.e D a^^^%lin^; (^bi^260i ^ cI'ry OF BRO€IKLYN LLAGE OF BROOKLYN HEIGHTS 7619 Memphis Avenue 20800 Center Ridge Road, Su1^e 222 Brooklyn, Ohio 44144 Rocky River, Ohio 44116 Tel: (216) 635-4216 Tel: (440) 331r1010 Fax: (216) 3 51w2133 Fax: (440) 331-8812 Email: selaus^^[email protected] ^rnaii: [email protected]

At^omey for City of Brooklyn Attorney for Village o tBrooklyn' He1^'^ts

-27- oi * .. ..."ti-T- V) ...... ^-0...... _...^...... ___...... ^^...^_ - 6 I`kzomas P. O'Dorinel! (0002462) J€^^ h W. Diernert; Jr, (0011573) VILLAGE OF H1G^.^LAN1^ ^ILLS JOSEPH W. D.^^^^EWI', JRo 3700 Northfield Road, Suite 11 & ASSOCIATES, CC3a, L.P.A. Highland Hills, Ohio 44122 1360 &O.M. Center Road Tel: (216) 283^3000 Cleveland, Ohio 44124 Fax: (216) 283-2516 'fe1; (440) 442-6800 Email: [email protected] Fax: (440) 442y082^ Emailo receptiotiist@dieme-rtlaw.^^m Attorney for Village of Highland Hills ,kttomey for Mayfield Village

^ r M4 :iik44Lik4LLc?a ... _ .a. ...; ._...:.^^ ___ ^^ . .^ _ ... Peter H. ^^.11 :s'^31 ) Luke McConvi^ê (0067222) CITY OF MIDDLEBURG :^::ÎG ^S WALDHEGER CO'T^ ^^^, LPA 1 5 700 Bagley Road 1991 Crocker Road, Suite 550 Middleburg Heights, Ohio 4413 0 Westlake, Ohio 44145 Tel: (440) 234-8811 1'ei (440) 835^0600 Fax: (440) 234-8993 Fax: (440) 835-1511 Email: [email protected]. Email: 1uke}êalthlaw.cwm

rr^ey for City of Middleburg Heights Attomey for Village of ^^rb^g^. Hei,^h.ts

. . ^ ...... ^ ^...... ^...... ^ . . . . ^^

im othy G, D eck (0034699) tme F. Pels(00 0^s53) T CLTYAHO^^. ^;^I.; ^ARIMA CITY HALL PROSECUTOR'S OFFICE 6611 Ridge Road 1200 Ontario Street, Justice Center 8#h Floor Pan-nas Ohio 44129 Cleveland, Ohio 44113 Tel: (440) 8851n8132 Tel: (216) 443m7757 Fax: (440) 885y8008 Fax: (216) 443m7601 Email: [email protected]^v l,"Mail: dpe1sozy@lsr^^^cutor.euyali^gacounty.us Attorney for City of Parma Attem1`^^ for CAlmste ^ ownsnip __ _ ...... 4b...... ^ 1. ichael Pr^korn^T ^^^^4"^9 Richard A. Pignatiello (0041 3 7) CITY OF PARMA HEIGHTS CITY OF SEVEN HILLS 6281 Pear1 Ro^:d 3479 Jasmine Drive Parma Heights, Ohio 44130 Seven Hills, Ohio 44131 Tel: (440) 884-9600 'rei; (216) 525-6237 Faxo (440) 884-1802 Fax: (216) 525-6256 Email: 1aw^parmaheAghtsoh.gov Ernail< [email protected]

Atto^°^ey for City of Parm. a Heights Atto:^^^ for City of Seven Hills

-28- a° 8

.. .., ...... William M. Ondrey Gruber (00t^5 i^) Jicâe1 F^. ^ ^^rass€^ (0058557 ^ CITY OF SHAKER HEIGHTS yto CITY OF ^ÛTII 1^^^^^^^^) ^ ^^ 3400 1,ee :Road 1349 South Green Road Shaker Heights, Ohio 441.20 ôufi^ Euclid, Ohio 44121 Tel: (216) 491-1 ^^ -5 Tel: (216) 3 b 16^^^^ Fax: (216) 491-1447 Fax: (216) 381-0364 înailo william.gruber@sha€eaonl^n-..com E,Ma.il: mlograss€^^^ûclid.^^^m

Att^^^^ ^^r Ci y of Shaker Heights Att€sm^y for City of South E.Uclid. .^ ^.^ -----____...______-._-^(:.k ^ ------04k) MILW I3avi ^. ^^.^^^^ ^^^^^^^^^ VILLAGE OF VALLEY VIEW One Berea Commons, Suite 216 1,^^ 4) Berea, Ohio 44017 CA:^ ÊF-,, MAT^^ ^ ^^^ÔU LLP `Tlw Calfee BuildWg Tcl; (440) ^ ^ ^^ ^ 525 1405 East Sa^^ ^^êWt Fax: (440) 816-0604 C^^^î,imd,Ohio 44128 Etmail: daiambros@yahooacom Txzlr (^ ^ 6) 587-6500 Fax- (216) 587v6594 E-mail: Attorney for Village of Valley Vaew Atts^^êy for Cify

-29- CERTIFICATE OF SERVICE

I hereby certifv that on this 12 day of May, 2014, a ^^^^ copy of fne foregoing amicus bri^^ wa^ served by regular, €J,S, Maix., postage prepaid, upon the following:

Mark I. Wallach John B. Nalbandian Thacker M:artan^ek LPA Taft Stettinius & F1:rs3last^r LLP 2330 One Cleveland Center 425 W^linut Street, Suite 1800 1375 E. Ninth Street Cincinnati, Ohio 45202 Cleveland, OH 44114

James F. Lang Stephen M. O'Bryan Matthew J. Ki,^^har^ori Gregory J. O'Brien Molly A. Dxa^ce Michael J. Zbiegien, Jr. Cal&e, ^ialter & Griswold LLP Taft Stettinius & Hollister LLP 1405 East Sixth Street 200 Public ^quue, Suite 3500 Cleveland, OH 44114 Cleveland, Ohio 44114

Marlea^^ Sundheimer David J. Matty Northeast OhioRegional Sewer District Shana A. Samson 3900 Euclid Avenue Ju^^^^ NVhe1an Cleveland, OH 44115 Mai-ty, I-^enrikso.^ & Greve 55 Public Square, Suite 1775 Cleveland, OH 44113

Sheldon Berns ênjarn.inJ. Ockner Jordan ôm^ Gary:F. Wemer Timothv J. Duff Bems5 6ek,,.êr & Greenberger, LLC 3733 Park East Drive, Suite 200 Beachwood, 0:1=1 44122

the ^^^^^^s for Amici Curae ADDENDUM -Amic.i Curiae municipalities have regional stomiwater problems that they are currently having difficulty resolving on their own, including flooding, erosion, ailcl water quality problems.

These issues would be addressed b;^ tl^e District's Program. The following is ,^ust a sampling from each of the Amici Curiae Communities.

Brook Park. The City of BR€^^k Park contains 13.3 miles of regional waterways that were to be inspected, maintained, and operated by the Dgst.riet, including Abram Creek, tlae East and Main Branches of the Rocky River, and Big Creek, a Cuyahoga River tr%butary, 'I'he C;it}T has flooding, erosion, and water quality probl^^^s across these wa.tenvayrs that they ihi1l have difficulty addressing Nviwhout the xArograrn. The District planned to address these problems through master planning:

0 Storrnwater Master Plan Pilot Study for the Abram Creek Water^^ed---- This $1,041,639 master plan was nearly completed for the Abram Creek watershed. This sttady would have detailed additional coiistnictior^ and operation and maintenance projects along Abra^n Creek Arithin the City of Brook Park to crsst9 effectlvely r^^iage storrnwater throughout the Abram Creek watershed.

^ The City of Brook Park is located within botlx the Rocky R-gver and Cuyahoga River Watersheds and would have bene^`itte.d from both Storrnwater Master Plans. The Stormwater Master Plan for the northem portion of the Cuyahoga River wato-rsbed was to begin in 2015 at an estimated cost of $4,000,000. The Rocky River Stormwater Master Plait was also to begirr. in 2014 at an estimated cost of $2,600,000. 'I'1^^^^ Master Plans would have detailed construction and. operatzon, and maintenance projects to costaet-fect€vely manage stormwater throughout tlie City of Brook Park.

In addition the District was investigating the installation of a debris rack along Big Creek to trap debris before entering a culverted section of the creek that runs under Smith Itssad. This culvert requires regular maintenance for proper flinctional.i4y. The installation of a debris rack would allow for easier, faster, and less expensive debris removal.

B,ro€aklynp 'I'I^e City of Brooklyn contains 7.0 miles of regional waterways that were to be iiispected, mwintained, and operate^. by the District -Yvithin the Big Creek watershed, a

ADDENDUM I tributary to the C^yaho^a River. Specifically, in the City of Brr^okly^. there are a series of severe debris blockages, streambank erosion, and infrastructure in poor or failing ^^nditzon.s that the

Program. would have addressed, includinge

• Four ^^catio-ns^ along Byg Creek wliere ^l-ie stream channel is ^0% to 100% blocked with woody material or other debris.

• Nine areas on Big Creek with severe strean-ib^iik- erosion that either jeopardizes the stability of buildings and iri-frastructu.re, or will endanger these stru.cttares in the near future.

• Ei^^^t areas along Big Cree^. where road crossings, outfalls, or structural streambank protection is zp severe disrepair and in danger of failure,

Brooklyn Heig,^its. The Village of Brooklyn Heights contains 4.0 miles of regional waterways that were to be inspected, maintained, and operated by the District ^^^^^ the

Cuyahoga River an.d. West Creek waters'neds. The Village has floodi-ng, erosion, and water quality problems lArithin these stremns that it wzll have difficulty addressing 'Arithout the Frogram.

District projects planned to address these problems ir^^lude.

• West Creek Erosion along Resource Drive-Project to stabilize eroding streamba-nks within a Village industrial park, Aith an estimated construction cost of $2,000,000.

• West Creek Concrete Streambank ^ta^^^^zation-Prqject to stabilize eroding streambanks along Interstate 480 vAthin the Village, ^^li estimated construction cost of $2,000,000.

Cuyahoga Lfeightsb The Vii^^^^ of Cuyahoga Heights contains 7.7 miles of regional waterways that were to be inspected, mainta..i^ed, and operated by the District within the

Cuyahoga River, Burke Brook and Mill Creek watersheds. 'Fhe Prog-ram. would have implemented two key projects benefitting Cuyahoga I-lezghts:

• In Apri12013, the District completed a $242,320 emergency streambank repair project to -orotect Warner Road and utilities in the pubxac rightm^f-way and to preveiit the migration of streambank erosion ^ownstream. to the Village of Cuyahoga Heights. Although this project was not located in the Village, the

ADDE=DUM 2 restoration of Mill. Creek at this locatioti alleviated an interômmu.ra.ity drainage issue and prevented costly problems for the Village going ônvard. Il^êvea, :Eurth^r restoration of Mill Creek has been discontinued.

• Improvements to the Southerly WW"FC, as described in Part. :11, supra.

Highland Hills. The Village of Highland Hills contains 1.8 miles of regional waterways in the Mill Creek watershed that were to be nispectedY maintained, and operated by the District.

I'he Village has floodiiigs erosion, and water quality problems within the Mill Creek watershed that they will have difficulty addressing without the Program. From January to September 2013, the District completed 19 stream inspections at specific points along Mill Creek in the Village to assess conveyance and erosion prohlem.s. Specifically, fifty cubic yards ol`lar,^^ woody debris were removed from Mill Creek upstream ofNorth^`ieid Road to prevent flooding of prx.vate, properties adjacent to Mill Creek. Without the District's program, this preventive maintenance will halt

Ma ^.' ^^Id Village. Mayfield Village contains 7.4 miles o^°regio^aal waterways that were to be inspected, maintained, and operated by the District, inelLiding Euclid Creek and the Chagrin

River tributaries of Beechers Brook and Foster's Run. For example there are three locations along Beechers Brook where the streain channel is 50% to 100% blocked with woody material or other debris that could result in property flooding or streambank erosion. District projects planned to address stormwater problems ir, the Village incltideo

• Beechers Brook Streambank Erosion Frc^^ect-l'h.^^ ^rojJect would lia^e protected homes aiid property from erodip-g streambank, at an estimated cost of $2,000,000.

• Beechers Brook: Worton Park Drive and North Woodiane Drive-This project would have protected homes and -property from the eroding streamhaa& The District ulanned -preventA^e maintenance inspections every six months to evaluate the rate of erasiono The District ^^^^l no longer monitor this erosion.

ADT)ENDUM3) jUlddleburg Heightse The City of Midd^e'ollrg Heights contains 9,6 miles of regional waterways that were to be inspected, maintained, aiid operated by the District, including fh^

Rocky River tributaries of Abram Creek and Baldwin. Creek. Before the progr^i was halted, a total of sixty cubic yards of lar^e woody debris were removed th^^^ghotit the City at a cost of

$4,965.00. Without the District's program, this preventive maintenance will not ^^cur. Further

District projects planned to address the City's stormwater problems include:

• Abram Creek Streambank Erosion project near Ken Mack ^^tal s----'Mis project would have protected a commercial -oarking lot that is collapsing into Abram Creek frorn eroding streambank and minimized fa:^e downstream problems, at an estimated cost of $300,000.

• Stormwater Master Plan Pi3ot Study for the Abram Creek Watershed-This $1,041,639 master plan was .^eaxl^ completed for the lkhram Creek watershed. This study would have detailed additkoisal construction and operation and maintenance projects along Abram Creek within the City of Middleburg Heights to cs^staeffec°tgv^^y manage stormwater "toughout the ik^ram Creek watershed.

.V€^êl^ndHillss 'The Village of Moreland Hal'is contains 7.1 miles of regional waterways that were to be inspected, mai^taiêd, and operated by the District including Willey Creek, a tributary of the Chagrin River. From January to September 2013, the District perfaiined 69 stream inspections at specific points along regiîla^ wa^^.-Ways in the Village. Without the

District° s program, this preventive inspection and maintenance will not c^^cur. ^n addition, the

Stormwater Master Plan for the Chagrin River watershed was to b^^^^ in 2016. This $2,500,000 master plan would have detailed ^onstnxct^^^ and operation and maintenance projects to costm effi.;s:^^^^^^y manage storm.wa ter thioughout the Chagrin River watershed.

'Vewburgh Heights. I'he Village of^^^wburgh Heights ^onta^^^s 0,8 miles of r^^iorial wat^nvays that were to be inspected, maintained, and operated by the Distrxet within the Burke

Brook watershed. From January to September 2013, the District inspected Burke Brook for

ADDENDUM 4 conveyance problems. Without the District's lax^^âin, this preventive maintenance will not occur. Iôwb-argb Heights will also benefit fro-tn the master planning for ê Cuyahoga River watershed.

Olmsted Township. Olmsted Township contains 6.3 miles of regional waterways that were to be inspected, maintained, and operated by the DistnictA including the Rocky River tributaries of Plum Creek and Minnie Creek (ancl-Liding Schady Ditch). TheTmkaisb.ip has flooding, erosion, and water quality problems and will have difficulty addressing them without the Progxa.a^.. 'I'hese problems aree so bad that flooding often prevents residents from accessing their ltouses, and c'nilrl^^r, from going to school, The Rocky R1ver watershed problems include:

• Severe, reoccurring flooding along Schady Road resulting in road and property flooding. This would have been addressed through the Rocky River Stormwater Master 1lolan 'a $2,600,000 plan) in which longa^^rm solutions would have been detem-iined through advanced comlatt^^r modeling.

• Severe, reoccurring flooding along Bagley Road.1n front of the Olmsted Falls Middle School which results in road closures, resident loss of 1^g-r^^s and egress to homes, and dlsi upting school activities. 'I'his problem would have also been addressed through the Rocky:River Sta^°^water Master Plan that has been abandoned.

Oa°ange. Orange Village contains 1.4 miles of regional waterways that were. to be inspected, maintained, and. operated by the District, including Tinkers Creek, a tributary to the

Cuyahoga Fiver. In fbe brief time that the I'^^gra^ was in a^^^rafilon, District Stream Inspection and.1n^entos^ crews identified six locations along Tinkers Creek where the s;^eatn cb.^.nel is 50% to 100% blocked with woody material or other debris that could result in property flood.lng or streamb^ erosion. These l^catq^^sMll not be evaluated or inspected ffirther to develop a solution.

Peirmao The City of Parma coiitains 19.9 miles of regional waterways that were to be inspected, maintained, and operated by the District within the Balz^w. in Creek, a Rocky River

^^^^^ DUN-a. 5 tributary, and Big Creck and West Creek watersheds, both tributaries to the Cuyahoga R;.ver. ln. the brief time that the District's Program was in operation, District Streain anspection and

Inventory crews identified nuinerous instances of severe debris blockages, streainbank erosion, and infrastructure in poor or failing condition zn. the City, including eight locations along Big

C',reek and six locations on West Creek where the strea"n cha^,.el is 50% to 100% blocked with debris that could result in property flooding, District projects p:lanned include:

^ Flooding and Property Damage along Chevrolet Braiich of Big Creek-The District c.om, pleted the $117s932 Chevrolet. Stormwater Basln Study. `1'h::s study detailed specific altematives to address the chronic residential flooding along Chevrolet Boulevard. The design an.d construction costs of these solutions are estimated at $2,300,000. "Chzs will no longer take place and these chronic problems will not be addressed.

• 13aldwzn Creek Streambank Stabilization-Erosion of Baldwin Creek threatetis infrastructure and utilities along East Linden l,ane, The estim ated construction cost to fix these problems is $600,000.

,^arma Heights. The City of lDarma Heights contains 6.8 miles of regional waterways that were to bw inspected, maintained, and operated by the Difitrlct within the Big Creek watershed. The City 1ias flooding, erosion, and water quality problems across this watershed that they will have difficulty addressing without the Program. In addition from January to September

2013, the Dist.ri.ct removed sixty cubic yards of large woody debris and eighty cubic yards of sediment from streanis throughout the City at a cost of $6,344,00. The St.ormwater Master Plan lbr the northern portion of the Ciiyahoga River watershed was to begin in'_)015, This$4,000,000 master,olan would have detailed construction and operation and maintenance projects to cost- effectively manage stormwater throughout the Big Creek watershed.

,Veven Hills. The City of Seven Hills contains 1.7 miles of reg:on^ waterways that were to be inspected, maintained, and operated by the District within the West, Creek and Hemlock

Creek watersheds, tribtitaries to the Cuyahoga River, "1`he City has flooding, erosion, and water

ADDENDUM 6 qiaa.laty problems across these watersheds that they will have difficulty addresslr^gMtho^t the

PAogram. Specifically, the District had taken over maintenance of the Forrest Overlook Basin, a large regional basin in need of on- go1ng maintenance and repair. From ;1wiuary to September

2013, the District reniaved ^^enty¢si^ cubic yards of large woody debris from the Forest

Overlook basin located on Hemlock Creek at a cost of $1 s63 8.00. Without the District's

Program, the District will no 1ciiger provide operation and maintenance of this regional stormwater basin,

Sl^^^er.11ea^htr, 'Me City of Shaker Heights contains 6.8 miles of regional waterways that, were to 'De inspected, maintained, and operated by the District, including ^oan. Brook and tribtitarles to the Cuyahoga River. The City has flooding, erosion, and water quality problems across these streams that they will have difficulty addressing withou.L the Program. District projects planned to address these problems inelai.de;

• °I'h^ Program would have addressed multiple areas of streambank erosion and slope failure along ^^oan Brook are t1^^^^en1n.g property and infrastructure and require attention in order prevent ftarther degradation and increase the cost of any solutlor..

• Shaker Lakes Dam Rehabilitation Pro^ject on Green Lake and Horseshoe Lake- Repair of dams to bring into compliance witb, the Ohio ^^^^^en^ of Natural Resources (tFODNR') regulatioras. The estimated cost is. $3,500,000. Specifically, Horseshoe Lake Dani is classified as a Class 1 Darn, "High Hazard Dam", by ODNR and requires an tipgrade to the dani spillway capacity to pass the required design flood. Additionally, Green. Lake Dam is classii' Iled as a Class 2 Dam, "Moderate I=lazard Dwra.," by ODNR and requires a repair to the dam in order for it 't-o safel^ assthe^ required deslgr° ^`iood without erosion failure concern during overtopping.

• Green Lake Dredging Project-Project to remove sediment ^r. Green Lake. IncreasRng the Lake deptli -,Adll reduce algae and duckweed blooms, which when dead, reduce the axygen. levels in the I,a'Ke.

South Euclid. The City of South Euclid contains 9.1 iriiles of regionai waterways that were to be ^tispected, maintained and operated by the Dist^.ct within the Euclid Creek and Nine

ADDENDUM 7 Mile Creek watersheds, both direct tributaries to Lake Erie. Before the Program halted, &^,e

District removed sixtymthr^^ cubic yards of large woody debris from si-ream^ in South Euclid to improve conveyance along the regional system and to reduce flooding and erosion.. Without the

Program, this operation and maiiitenance work will no longer be available.

Valley ^êw Ì'he Village of Va^êy View contains 17.0 miles of regi^^^lwa.terways that were to be inspected, mai^^tairaed, a^.^d operated by the District Arithin the Cuyahoga River,

Sagamore Creek and Tinkers Creek watersheds, The Village has flooding, erosion, and water q-tiality problems across these streams, that they will have difficulty addressing va^thout the

Program. "Fhe District had a $650y000 riverbank stabilization project plarm^d for the ^^yal-ia^ga

Riverbank along the Ohio and Eri^ Canal Towpath Trail. Without the Program, the District cannot complete that project. Mor^over, in the brief time that the ^^striet's Program was in operatiogi District Strearn Inspection and:I:raver^tory crews identified numerous instances of severe debris blockages, streambank erosion, and infrastructure in poor or failing condition in the

Village. These locations will not be evaluated or inspected further to develop solutions and the

±7oodirag and erosion risks ti-iey pose will not be addressed:

• Five locations along Tinkers Creek and three locations along a tributary to the Cuyahoga F..iver south of Scb-regber Road, where the stream channel is 50% to 100^''^ blocked wit^ woody material or other debris that could result in property flooding.

T^,vo areas on T^n-kers Creek with severe streambank erosion that either ;e€^pardizes the stability of buildings and infrastructure, or ^AdL1 endanger these structures Br, the near future.

Two instances along the Ohio & Erie Canal where road crossings, outfalls, or structural bank -orotectzoai is in severe disrepair and in danger of failu.reo

War,re.^^^^^^e Heights. The City of Warrensville Heights ^ositagns 3.7 miles of regional waterways that were to be inspected, and operated by the District within the Mill

Creek and Tinkers Creek waterslieds, From January to September 2013, the District removed

^)D:E;^DUM 8 ^^^ty seven cubic yards of large woody debris ^^om streams throughout the City at a cost of

$28,066.25, Without the District's Program, this preventive maintenance will not ^^curo and there are several other area.^ that pose flooding and erosion risks, i^^^uding-

• Three locations along Tir^.^drs Creek where the ^^^an^ chamnel is 50% to 100% blocked withwoor^^ material or other debris that could result in property flooding.

• Two areas ox^ Bear Creek with severe smambank erosion flia^ ^itl-ier ^^onarda.^^^ the stab^lit',yr of buildings and infrastructure, or will endanger these structures in the near future.

• Two ^^^^^^^s a1o-ng Tinkers Creek where failing/collapsing gaoio*z baskets east of Renaissance Parkway jeopardize property aiid infrastructure.

^^^^^DUM 9 APPEND i ^

M.i..65.t..A "T^^ IMT99"T 10M MION3sF svvm D'1,3m=

2ry 1101 u ^^ ^^imApal O^^^^ ef th^ Di'lArwab -isxu t^^ ^^^^^ssd

gr^z^m^ ^Avowo; L'laz wml, u^hllo 4,4^14y ^^ swl sz^hp-or- ;r,."atircfs

frs^ tim tsa

IMMSIT% FU7t ^HE MOPt3^ED MOM-= - Ths3 ij^u3raamz 5.n tha

of a

of dla&mr^^ lAtas the eyo3^^^, bu wwood rvkummIzg

casz-30d, ^^ pax^^ t^3S r^aco%^^^y Nr the of

^^.Stes:c^^d^ r,^^KS^x^^ saHaêsâ ^s^s^ ts,ad the ^Rff"t of pmrti>:al^y AÎx^^^^^^^ niaar

and o0at ot Ctzyahoga C^nuat3's ft{oy has

rw tM P03.mz^^^ ^^^t:^^ tsr i sYm '^'9.e and the ,mtwz tr L^^t"y

is.aa %w I&Ve^lel U^^ publ1:,^a heawth ms^ ^^^oty^

-'a3uC:° 93I:stri;at uzsder Mk3'a

P"a zsions

ew-att^^^ânt of said M^?nfc4; wi1:, ô wads,361s3 à U^.n publww h*41th,

3afo?yx t^^ w8lEw^tx

g€ e aoms of d:^^ Distrit^w aiiell tzs the ok' B.

wntrol, ^^,^Rtw, Coz ::hs3 ^^^^tw^t and 41zpysatl

of ^ ^^^^ and w4.t3^:mA the Di4t43.o4.

(a) ldrairs4 Mrs t`^eve";:.arsd ^Xaei#

('^) Mtb tiar*m wkrrspol3,tza raHesr

(rz) ;91tz^ iozs^rol: ^^minia2ration wA P'nrmxsi's^^ ^-j a ^cmrd of Tm:^Mnow,

An 1 ii

f;zpable o8

xsad syn^ame x3,tktiz th* Dtstr;^,t,

"or f3r,arst:.^n 09, th,;^R D14triat

be upiez^ated uy 0S0 Bemxd of s^Ilsball4 wM

^hal^ appvint a gp-noral masagwr ai^^ ^ill adm3.ni ter k^^e DIstriet aEZsd mupirsy

^^e meratian

4uror^nA:^^ with chaDter 6119 of ^ ^^ Oh9,o

and smbjent U; Wad br t3.o a.*rrsa Br.^

(^) :Me wewaga tx^eatmert ard di.oposa,3 €au^liuies of

shalE k^e "* thet tUrstftcw lln with thz Ordex

O8' the cuya€ oe'a ;:v^^ty Comm MeAs Q-,.wrt in Caae No, 06,594

(Cem;^olidatora)^ and tb% Boa.z°d of Tr+xivees Mall uow,,enr:R t'rsA rsr^^h'.^sn rsT,

?^^e D^^^^riot ^z;.on their ^ppr,4.^ ^^^^t an-d ^s xer^bs.rrA, !And the

elQ*U, tif a' a Pre:a?.dent and of 3eld zlotix^d.r

Hs^^^tmotiun o:° FwA^^tigm I m, The F93.z^rint ailn ;slam} f'inanoe3 0enstrczrty opernta and

cmy^rW tznea„mm; ara^ ^^pimal iao-ilztiltz, m„*r

seu^^^, a.1_3. Sinwer r^gu:.s#, ^^^^^s,,,i Ind daXiN^^^ ^eLrs, 2^Sta:nw,asg jasins.;

otnrm waWr »^^^^^^g faMMUm;,; and zll ratits^ wattz^ poi^utioEi ^wmtrvl

fa,aWt.€^.s of th-e Dlzwni:utR All md expansiz?rs caZ' sewage

yreaNment, ;."^oilitics^, nrs;. Irsr.lud:?.ng pla3 mrd F..steroag^to"; Aftn,r

MAy 1r 1932ti ^.a.111 be the *f the t^;,^^ri^t wvzs the

;^^ ^^rae `u'? aa.l uzarz va t"rils 'Dia:rinK>^

^^ In wdar te avoid R.^y ftley .^^ th6 of prwaesita^r p:^^^êd tacMlitio:s ^Jpm vhes:e a,agmsval by t." :^tat.ef tho- shalw. omploy the =;x° of Clev-oland to 40tzs^êd P:anning rsC A:î^:,tx fA^ ^^^^s for the f^rst faat.z^ êarw of the nixiuriÂ°s exw3âmm or ssach

of time deeaaad pra4t:^^^t3l^ by tY^v ^kaz°d of` ^ruztae:L^ zst t.tZ^ Di3strwct

In Wer that the A^tA?a^ asueae 9.^o qla^ni^^ ^PO."W30* 1.n ara erdxrly

►

I -2w

A-2 91&3i^im, Ae3.04i im^^^^^ the aRe"rl rn6u."s.ut*r pr-^Br" precaxst.^y p.:s.nned bv mx^^^land zvA ucs^ch 5z^VM e hal be^dom a Di2a^riet p^^^rm w{th br all Distz is^t uzerzy

61!9 md

r,f 14=' sav^^^0 e-ol rscîon eg:3tms Vill v.hn rêpNr^^^bixi^j c^r aZe s^^^îidual maciw palwva,^s ;2r pol5.ryifsal esatdiviz9.tssxg; prcywdeds hawover^^ that vFze? DS,stziat my f^ ^^^s Uaar,oxsg of tma.€ ^;ewtst? ^m^titutlzaq a pext r^f mrkz ars^^^^^^^^z cy^tma tha^c^gh A r:^^^^f rand wh.4.otx ws

'WW:^f,rirt aervec^ by Imn tmmk soaAra-^

03 Operru:..n :sr npmil!Was

%.118 Bi^strlrat x3o, xantee°ed 3,xsvrs raPere-;is,.s with th^ Cit, of C5evelaad t^ ^^ma¢t, 'rN^ frsmajror af t"».tmozt fa^;awtieso The my s:sAY^n" vo employ tbo tiiyy Car wqt3h sez^'ris^^^

^ ^y >50 Watna3',9.y sxgnstable, prosidedf arnsaeNer, tzs^t W Civy 3ball jtrWda fcv colles¢h,r,a5 billwng^ and c3;.3tzi^suticsr of newagn *trcxrges Upon entuall;^ egr€v'3^10 ^e^-Wt.

00 FI#'aOZ0104

1y an ^ ^terco res.^^irmoatf ^^^ ^^avxslwad ri xbdiztric, ^

^ ^*Histrict gov will ÂY fvr przsently ;slantisod hAa^^^^mor^ ôwer° ei3sSUMS A?22k.Ô i$.8'VY9 '"ulft'3'Ulaf3d ue4£',* aat$ Wi4 asAbur^'.nfE MubtS?A'Gr§.+•3t

<'Say.bdiz^tfta b^^y 2.'s îll p„ ^'r presently plasnned :.nterceptor rewer f^milit° on tyxaH ^6me sstmrbars uaamq T'ho pmmnt;E.y sl-izanod ?^"ez ^^c^^^r se vea 21mil9 t tes vsa aer^^ ^^ em ,,...: .;3*z°s :az°e tkZe ftryhsasaz nid othea v^^âw^^^ ^ndling ERr^^wiGie& irs Clovtsland"o xostmvl^ dic^tvi'et esxw^ t^le pe°^ênt?y pz-amed sv'ier Z`&cill#:? e :^ serse Outurb" Umm asâa tFz* #autYxws st xrx2ercep^*e f WY4#a^gp' âll^y Ut*roepkor, Brrâdcz,y

latvrveptr,r, #^ei3gY^ts. llnter^^^^^^r Uac!Wlrfg bras^en uo oxerae

NAeaM ton.gz^a tnd #^gbaand s^^ig^taa^ az^^ ^Vrsavirswx?^ ^^ tho ,axxq.4ng

ONaG =eS and sxx:^inutoz° Qn the WSl'I'm RU" :.^Ultop3 llM*meptvira

AA 2k It ", *ou^^mP^t*d th^'t ^htp major l¢3tgi3^cepaol. zowpa

Watzc^ter tr^^twmt SWItlas szsd th^ 01MV sas^^^r polle^tlca Qdra^^^l

rs^^iUU" " w3lg9blae faae Z`iz=*ing under the p.rcvwm of the uhjo

T`ataz De^ 310MOnt A€z;h'^crity' yhtR xtnte of C#'Y€>l.o Oz° thc rtdoraj Goaarneae tv

"K?sn Msyria4S shell a^dea:cor to qwili^e ^srid prtqr;s.w tts the

rozz^bley partiavlar:3.y 4&n be ?.hea^e'rsy

y^ OWMe prRjts^^^' Arr prf:Joct3

r3.sa^04e^a9 t#?ma3ssh ':h'o Chit z^'10.sr ^a^^s2,^^^sura^ k^:.thn,rfty, , Statss c^r m9o Oz°

J. f^6^emsarss t o°rfsaer es msy he dora3s ^^

appropr{r" 'ay the

(f) sta4v

°x'h,;^ rakso fcz

^^ the ^cae d *k' z t^tssen ao'csn,rdan" ae^ th tars

^ Regwr n$l ;^a°aer

lnc^remsata Crsr ^:s^a roll,wirtg

ylaxarlr4

fariliw3ns ^c^ ^^^ ^ctRSa? sase;^ ex.pun4ee oae ^:ot 9.n:;l"ided 1.r€ au{.4?r:anwian I rz^sk,

(b) t;pnratiQn s^^ M&in^*^'=as ozcper^^o 9',cv the RW^Iaml sevtx distatiiet facfW''iezT

r0 cayusen?; ss£' vsssa^ ^^^^t.1 rgmt's 4.=zrrrd by tha F^i-t<¢^jet7 in-a.^^^ing .sobt sm.a^^Qe e;hargO4 saas bonla a.aad p1mzinks to xka^ ^^^t VaAer

^d3 A ro2:asxy Niod ^Ac^ft^^ ^^ bp,? tcs asul^t in t.q^2

seweaea

2n wzeveland {:lsbeli3trigt

'k'^t Cveyt3.arad Ssabdi;;tri*t z^^^^ ^lU Inc-lude izsaramersve fo3~ debt sezvine ss^^^ ^0^3 oaa Uerelarad3 n autstanding ftMa whicka are pa°^^^^tly bei^g pa.4d from eoseer rsumqaat ^ywentas to the Ofiaio Vato~ êvel.*îoerw Au^^6V^.^y lae€ar;ozs t^gz ulearelArd for sûS.ch P^lay^ ^^^n insta1led at tho

Ay!', ii

^^hrsre, arais^^es^^das^ wx^4t"'swt plmtn; drft AemiO4 a3sargv^gi foa^ ^^* gort%swazst

In-t*meytor =d *th^r ventr^^^v hmz^^^ ^aoilitins

wanvorly digtrlqt4

ziabuzbaa ^^ubsgieFrlot

da^ bv nt noz^^ oot oki^^goa

^szuv^zas^N, ^ouvheasy sBrrs^dway), cuY3boga #'a`.:#.rs; ^^d qo1.gh^s pxpz^m,^

x11te^ ae^t"3mi, :nak.:sdx^s^ tno br• a,ka of t^;a ftigk k:sa zx^rcma :c^ ^^svos Ric%smrad

szsd Righland a^sri :tWrmmc3zats to kb* pmpin,^ ^^tixr^ axl

z^sczs^^rsaa^z^^^ ^^a t^^s stiloFZn M1 w (Mll^oO

i,2) ka i.,mremen^ 'r'or ntse aquitablo

r^^m^ur^^^r^zay 4r dasiges ors^t2s pafable Ciwn of Unz^^^^d in

zes^sr+^^ e sz' ^ u?^^ ?!sae ^r the ',`uygLhogn u^tr^t^ `r=*n ?Sex^ Cou€•tr, uama

4 s lpv,^rim soumz F^^^ov

{g) It that Wk^t^ gqaitabl2^

ry the, Co•,Ae^t r^sa Co'Qravy Comoz^ pls:r:o Cour;..j rassa fiFo<

roal".l be paid tr^ 0.1aml=d b:g t"m i!msnce zs^r nwt^-rs

af #acxz:dae Por m loeg aa notv^ s^^^ ^^^^tmdsng in 13." or

0-'Xi^.t5..ng aevmr^O ;^erviq^ ^^^^^ ^^^^t^llahad Iq qz°?iaham:e ^P4' ttao.^

Clevn^and vivy '4ill be maizt?amzlYd ^^ tM Board of Truotrea scitF^ the

A^dul to t,:^e 40^r^sm , ^uWi^ riot gv> Zk rn;,a wil^ bgp

;m lz^^rmorat Yor ioNems; am the autztmdingK

2 ?he, ftgrd of TrieHss^^ =^r ?'rom tiZa t* tim a4e^

^Sp^^ift^ ^^^emrs" to ?sftt;ga^ w^ ^^tk^ Oubcizs;r;,ct r

x^^^n fox :

mita of opa^rsti^^s 3zd mairgunampR4

MZanoing of raew *QmAzuoaion of ape^,iftre im;ev

coitrol, fae! .12t ie I rr..t Otr*roai.^Rt

^^^ harviny

(^) At m4a^ tim a$ thz ^^^d logs^e,^ '^ondz F0 rokwrer aa^,. ov

a naab"Aan?;ial poe°titm or the rsrst^'-4, t" ^^nrd Mall ratas

;mcordxng to Z^^ ^^th^5,d it my dam fafr a^^ ^quiY;gwlo but Swall lftr:lod4

A95 ^ vkz^^^ra the lrxrazow*zz^z ftl-Inoawed 3zs . b (^) 1y 2

Lmlujo a wedit, ;n

irn the clwfeland

zgt* 1,`oz• the yqrqsaeas sa^ ^^^ayizg to ^bo x9abua^b6 =7 mm%,^-nta pzsl 3 J^y I

azAsar :vszb}azagrapb (Y) ^(zsl' .itzsve ^^ ^ vs^?turza on salev+m^nWig bnvi^^ted I napital, oz^editzsd at a rate ^^ua),

tYzt zonr3-^ unh o3 s dv.t W ^^e zo.,qRid swor

Ur4 of th^s 4z3044,

The a'i .aat3.crs of the ortirzs r,r^^%t ot Moa U^^^ thn Nc+u°tha43t

YrkF^r^^^sw^se^ ^a L'lavP;.s3;zA "z3 'ulae eea^ire casaiRt r1f' amortizing the

s^z z ss^zs 5,z^z^^^5 ^saL z2 ^r^zn 3xitae^cop ;ov^3 to the :rx^^^^3 i^ P"dllz attd ..^zs the

^o tasod ox4lumiv*17 ra^ A-jt.hcr

f 3ze^ê3^d az ^ 3b^rbazs usztsva;serzv vrffaulA I^ ^^^^^*p that a^wÊs^â

v^^src2 ^^' ^rz^ê^zst^3 1^0v*r %) Ma te1.ng d^.3chai^êd ixaHa tgêe

tep Other p4r?:yz ^1:^ "Wtta^t^^^ ^a^.zso wi?x be wado to

1"2rd"lBQ'>^• 3>^G^ 83se,

Wsthlaj hp-o3tioxn wvntainosll skaall be domed to the

^cMrd of Tz,aM^ês Ya°am ^^^^^rian sesao.zàg^ ê"iaw rs^^^s iza

^lamed iMsssYZ^.1" rate pa°og:^"..

City zst

C7.^^^pl^?zsd azasl o6z^^&ln wbnrlba,^ wzzzicipg3.i U-00 9a3is~h utli bo asaigred .r^ the

Dlstrlc^ .4.i:3..l zzezs^âitate a.d^,â^^^^â ^h-I raten trs tho2ê

(b) The clet-wrlazs;I ane=e •:^l't

wid 0,liga;;Mons tl;* cazat."a"'t e€atn' u'31y 2,^, 1965 Y;^ud^^rz the

;X.3y .^.t` Moseland ^m^ CM7 or Ma^2^si^dr

by the Un:riesr *S` Uae owis^^^^ ip of sap exAsth.sg

^z ^^^^^3a^cse ^^ arez^t^,-n^ s^lanto{ ar oW2^r, ftolliwle3 oltzo?, t#z". thao o4' M^l^p

City or M"Vas"I" whjrh Is Prczvides4 fo% !.n the %dgz.sar;t; fttrg z^^^ejn .-4hej,j

in avn"o"amo wi^b C^Mp^.zsr^ 611^ ae the Ohio ^ovistf codz,

'v'wzaerzahip of MA:WIZ, 'Me DI;M6ri*t cp3.'ll v^vsa z.k.I

transferred to it and a#.l fla"i;?iUas :.t prMhaoea In th-o fs:turnn

(k) £ndiv^^ual wb3^^46€a 1?111 z'¢+tarn ^^Wn%>rshj.p of' all loMal

^S,':; ?s ^ aftew it r^=eng*4 09' w^^ ^^^teX-0

:0.3 Los;^,i Sewo°^^^ Col.16rtl^^ ^^niiltla2 and S;^st^ms

T^e Dlstr^ct 3hall have a;^^hoa ity p3grm^anr' 9,

u+f vho QF5i9 :?£fisi^d C046 ^o p.a3tj fAs3ann2f czf#e9zwf ^r va^1.n?;?^3^35 ry^n3^.N^,s

nad nsgs.Ilate" lcsral ^^'Verag taMiwitiss and

Ozztriet. iaclszdir4 starm 8.id aan^tari asswex zy3yawx Tbe Dtatriet^

shall riot- as:zu" Osrrze"hip rsr any Iccal '%euer^egs w.^^^^tiran .'^acilitiaa and

u7yt--zn ran- t.he MMtr°M^t. uwutsn rieaporw,^i,'.:s.ty or nray

:'or- the ;slaesn3.rg, k"ixtan.-ing, ^ar^^^ars< ^^z rpee°^tion,

re#sulr af ^ny If"'Cal Orwarsge col^^^tirrn. ^'noilltAc^4 and eyotemo un.tean tbo

or 2u^.'h oww"Y,irs, 114b.3,lli£.y Is 4}^êifzâl;.y I proa?s.dtW for In a arr?,tf,en agrtexynt botatên t^^ Di^^riat an:`s IN r6ap^^^^ô

lc^al cmmmity,

'^^ Di^^ria« zhal% havo Aogulatoay w^^^^rity

ocaM ^gwaraz* racs,Wlitirsa nd ly^tems in bYe 3Yj4trj'3t,

twEla'% and 3°^^^^tlonz may ti.nclu4et4 Rir,h--U? i.lm,.ta^ioz , a c:.les and

p7snnires> {apes^^tis,n,

aro.s¢ma a8d d3^^haraeF6 3ztoT Anr

3 rzta3 ssoh f'aaila ^^^a and Systees ^^l ru.^^^ and

egF^^^tlent Rali^ b* implemw^^^d md 1-ntrraed by ^be 014tv:4^ in, a^^^cz^^z^^e

with Chapt^r 6119 ^r tho Ohic FEOuI";d Oczde„ 'uhmev^r Me $^oars o^` Tmyyeeo

sh9slF propuae trs zsdrsr: or aa4nd any a^^-'h ruke rn° regulaxirano it shall £^ ^t

I ATm noAif^ all nommiY..t* sait.h.3.n thrs ajnt'ry.c^ Qf ttae

gb upra^md

the

onue.Fme

and a^on

^sd ^ c^:^a ^e^^^^r^^ d^^^^z^#^^ ^r, ^,^^s^x;^s ^ ^^^^,x^^ ^^^^^^^r^^n^ ^^•fs^^zza £`^^

^te ^ara^^^^c^^^n

"t^^ ^^^^ri^4t shall, h4ae aarhori^y to c*nstznorat I^cgj

erage r^^llec^Ava ^^^ilitilm^ a3ss# sy:^^^4 pSZrouarF to Chapt^sr 6,119 *f thn^

Ohio anvi^^d Cozea ^^ ^^ ^^ ^^t, m^ QofsrAriaot lasmI 20smr%ge r biZ"tIozz

jrz.^^lid?+^^ and ayH'^'zms When rwqwPawocz to 40 ae ans.^

^"Pon mutua7."..y agr:ava'ols vemm.

too

oewe:zaga crslloc^tirsn XA01.11tiszt ^amd ay^^mo m pe°rssr4:dld rr,r sa wbar;er 06:,^9

^^ tha 0110 Reyiarsd Cr,da and in tbiz t3rderx T'r•,n wnthcd ur ^^^anCLng

^as^N^^sz^x.r projec;^ sholl sg ajrm to bxtweees We .^iKKA na^ the

looa.l z--MSUmcjujn-s At the tima the P:°ojes;t z3 uradort^k^-n rx^ th^s

Diztwint9

6. s„FRMAL €5^r'Rimm or sIF- ^ ge Imul; m

m6a

A-8 (^) Th6 Mstz3ati wi^^ ^fti^^^lly ^^*'-sa^^ all Mlitiual za bs;iv^eioraa In x'tsl*, gr"3*83tly oaa^"'esa br 'Mewel"Va

^^ewaaw^^^ ^roatma~^ raa.3;a.ities, md th*eass ^wa€atw^ ^lowec4 to be 2&wvad,

? w^k tbe Fs be s;sr-ae^ by ttm .n,3 Ya^ocx ft.ll" ihn Ysmmvh nr th& rssfght.^ Rzpress to serve Riahmnc ^*Ightn e:.kd

X^^^^ndd geights. A m^^ detailod 4w*a^Iptioea ^^ ^u;^h wes ^,^s atixchped beroto aYsd mc^^ a rart ixasrzrn° zard >srerk6d :x.kaibid "W" (,:.)9

:.ia? `'`r^.{3 u^.3^Y°^Q?: '+1•'5..^'i.^.. '5.23^..^"w33.b.^.,.°,3 ^0„ C^^T7'G'+3C^ "^f..^ $,"r6'a^

^^olttlxag rf' tha Cit;y of ulevelvnd 1),

3.zad ^,^Se ^3thnr *Or"UsUi:g or thv areas out,side of the City ak" in

Nuâboga „rsar^,,ys Dlnlo, $Suba:a?:r9.:^ R6^ ;?,,°tM1 [3u'sez^ ^^^dl3t€îots r^^ ê? cweata d at: the amvd Y o c#'Macx sxtlvn<.

T. BOA`'D OF '"RUusTEFZ

°3't.,za g,rerlLng btazfy of the Di.3triQw ^;^ball he mllad th", Braa?d rr Fa uw^O04.

W The ftard of Tru^tms's a9xall cc^^^izit *f aez*n peraarza

z sa^^s z egu:.u vam abell bea E rr a }exir.^ ^^ rllwo Ys;ars *acia. I T: nN 9;' vha memoero ShAll bo &Ppoir.zt»d .q the mayrr nR the oity a.r %?^^oiaz^ ^ino sFaall ei;. su umis be t9'm Aov6wri2:y

C'm mm;aergg o.C Lhe aeard of ^^^^^aez zsllac^bla to su^diatrMc!t ^C34 1R

N^ MMbSaâ ^R[âll be &PPOlxkted by a ^;saixmjx of savnrrae:oato Ooat;^ri;ad v.^ all w.cicipalltimt imlildt^;-j ^4ithin Iabdi^tr!C4 sô. 2x wr^,:irah kouaac#.l "al^ ^^ all. ;.IAes b% '>~bo Appai^tiaai; ^ja^zazs^? N^ roz, merabers Nr E?;^ 53ram^ or Taêtwt^m^k jlutsd:s.aCrin^ ttiny ¢, T"

Co'Ffaaiail of C-Obe bs^ d:3tabA.:.:ahe+a ;ua au^^zt to ^^;>aY°, r 367; of ';xva ftla Razitted '.°u6e rao lawe:^ tnaa Ame 26, ^.^iP-

Qn4 mmbtar a3^all t^e 2qP03aved by thts ^yahogta Z^*zwty uaazrd of Cv:zisvy wh3,^^h aawber aball be ropreotnwstizg? nt a^ll

xltbra Fhe T'Yime fti^ma^;, `^aW-mhed Vl,^trlct.,

Or^^ ^xk^mr zhall be ^Isz.'x^^ted z^^ a ma^or apsointed

^,saa tcso b^sia of se^"gaa rlrwo H'ht i^^lal apSoiatwoaaS°,x ^âall be mAa '$zy, thg; Apfê^lsning Aaath*r#..^^ of 3001s£riot %n I 8nd thereafbee° aw i:. appoizltm-^sit Bhall bs seadzs s5Y ^ha #Epprs.i.nt:iuaa ?authority of the a;abfj,.,%tzî10t

-1a, A.-9 haw^^ t^^e greewet s0"Ce 9wcw 4.1 dot?w ;^^^d at Ut4

ofta^^ eholl z3o^; be a Wunbt^ rlal an5sloyze;,

04e WW^rsr 4*419nated M 4 a&MbARr

UP4'^sri tbta bz^aiw of pzvs.a^^tlony ^2:e

madza by t?;^ Ap^ointing 3a ^:kr^2w^ rsb ^^hiine?v vt ft1

'2ppoin#;m»t'r "ba..:.l be ^do. bT the AppW"ntitag 4U03r,rlty at :l"e ^aat^^^^v^ ^r P ^ haa4.^^ the Awasatelt P^PsaIzUQn &a ^eterrainzrd I"r,a ti^g? h^^^^ er t'he i.njN^^

St'l?t-eo Censs.as 14ext Preoed?,z^ ^ha end wt e10: rlua-yr2z? tme^mv Tl%ig zaarberx S^axl rot :^^ a ^M'irIP61

(b) MiMws membae :sppoir,.cei by the Maytt^ of th. Ci4ar A E leselard 3hAll be a resideaat ns a::o SYav^ "?, nhio ^aye a^en a

^^^^^'ar of f;*aza7°fn Ohinr Fr.a^ a pi"s;.,d 0E^ at 1eâst th2êe ywrsz a eaxxt P"-r_ed,s csg Each aaem2sen app*i.esyM4 by tna Suburbac E;wanvi. .? hq a r•e':îQ^nt of ;he Sta;e ur 01:io and have ^^^n a qùalified et;i.e^-,t:sr of hi^ county of "aderê fcsv a ryericsd of' at !Aast thn-P ^^xt PtnrsVdSrg hl-3 appwlnK;ment. ihe MmLet aa^ th* klmrd of : ûr^v^ ômmLauicnes•a of Guyahaga crssznt;9, flhiof ^hz:11 have^ ^^ên s .^^5 do2 t aid q:.eal^^ êd alee?.or of tha S:.:ve w.I 0E.i+:! foz "rkxd of at Mat U'rea :^tag"n resct hi

(cs) The "Ab"^ fi^^^ ap^miratrss^ hy the #4ayow ofi' clevexand Mail t:av^ ^^me mpiwung ot Â:mnah 1, 197';9 anr: Kwch 1M 1975P the Members tir,ât arp*isited by tha .ûm^rbaas CeWt2oil 6A sQvezmorat;, ottall hP.ve wma enpis°in^ Kw" 1, 1974 ans,° t^^ch ê W?Sx tha ^mbeN F:€z^^t ;arpoin?;ed ^S' ^be :3r^srd rr ^z^sse^v^ rr>rs^s ^^ûsn^^^ ^sâl^, kove a ters^ expirin^r ^'ce^°.^s. 15 19<7^ k^h.e neohe r . s.rsw appointed on the bas3.l at 20ezaege ?"losx shall have a wpra ox_pirMeg Obreb 1y 197?s t'trs 2mab.^r t,°..rzt ^^poln4ed an the baals A

popula^tWq $hall ha5ze 3a wrsm oaxpire,^g March I, 197L

(d1 T'!io auesa^;^ . ur &ac't2 . 4^301' mm?^^^ shall b^ ^p^*Il3tzrs ttr a tert of fivo yqaps, eazêp^ toza^ anp persosF appo.1.ated to Va.&l a 'rznznny oIxall ^^ apprsirv^^ ^^ serre onlp fsse^ the unoaepired tomry A member of the ^3wsr-d sat Tm^ênt ws eligible tcr ^^^ ^^ôo^^d

M.M."r b%trr^ ari^^ri^^ ^^or^ 4:1.^ duties xi3^all tsske^ ^n ost as px^^^^^d by ^^tirsa 7 of Art;,^-Ia XV Ohio cansuitrzton4

ik- laxa- f^: ^se Boa^^ ^^^^l :^jedt ozae or jt5 zi,j, ea,ect arother ay Vice s^rez3 dentf and amber, ao t, tpcrtm u'd Y1he fosxr mmb^^% C^f 0,13es Bva.rd ^fsxll ^Rvy a^.,yioEa by sOUR zote :sx fww msaber& 2Zsass.1: the xambssr3;hbp shal' imptis tho rights of a

tor t;ha F qzidex#^ of thr^ ^^^vd ^f) Tho azzzswal

roa expazslesT ^Ie4:i'dees; rf ^he '§St 'E'he awwal o,mPerassztion qrs the uice

"oa:d 6?s.3l ks,a ta,000 pla3 ~^^Sr^^^54 Z'mr;.re:,ary or, t?Ze F,,Oar?'s '•.h) Tho m.aua r'Ir

3ha3.i ;at, $a,600 pI^3 ?mqwmes. rnr, swg xs s 2sFS a shz ^ l b^u tR,000 („) Tt:-e azsruul

py.u^ ^^^^n-neoo

:.nwil 9 t lo f money aa are ad-eae:aed i;a ^t by ssle rsf tporsk:4 nball Ocsrks:.3t; *?' 3un#; ^^s o nzd the pursua-nt tc an #pmomv"r^ ^^twee:s the Dfi;ttz^ict

;.n. zsr*esraaesce Wivh the City g^oyidling 2or the OC lu.^h zrem,-%

P^^^^ed Code Snati*es 6119,0403>.

m3,1-

A.-1 1 I °'^^^^ZT A W11

The tea r itcs yr to bza mkus:eed ix's the ma^^the"W ai^itrt R:R0Qn&1 SO-4er

Z^^^riot ltFaU nssl,UM-5 411 the torr.^tan Icoated w^^his^ the bnnrddAa^^^^

^^^^^ad Oes tka-2 atta~hed mp, whiuh v^^^^ory 19 Miat porticsn ok' CsApah'ga

Ccsmt;r pra4ently szmetdv or^ minay t^apab3:e oir tme,^ ^nrye^ by grsu4ty5 ^.y

'50V^r3 :.a&dirsg to k'h^ P-h^se ^^e%-ater Areatmerst Plaen^e ^^,^ the ? l-ty rk t

C-tqrs^-ep Va3.1w°,^ 1.1 Wer0- e5mYQ r se"'rs:•. ::ca po"I : ;ica,x.

to bo isoluded ?.zs uhols or an part 3.n the onr•tbeaa4 Ois.zs

Mgiwoa3. z^.^ser D1.atr9..t are Y.hi.,, r,l^rubrur

r3s^^^ ss^^^ir^, ity of tall3

^^^^i^5'^4^^4.SC?.p hi+.h..7.^'t^'^ .'.P^ ^'^.p5•^^

LC^.••.^i.u'ri^"^^^+F^r, ene,^.+^^ 'L7L. t^.+L.'r.^

Broad+rj.ew f:îghts, C5,ty o?° (^^^ .2X4^êp^ ^ât p^^tiora jocata4 3outh of the Ohio TQrnpikss)

City Qf' Cc^nl, r'^aat' g^^^tion esorth of FMvp- z'oira^^ goad Berma rreennp IM .z:nY,erst,ate coute. 1 of

^rras^ks^z^;.^ ^^sr^ê^^^r^î ^^n^ ^S^s^^s^•^r^ Mî^.^^ ^^s^^ :r^

^^^o^':zyn H*aghta, Vill^^^ of fall3

C.aty oi' (all ^^^npo that ,snrtir^n t^ the ^^^rone -orobeant parG of vhi City wrsi•vh Q onrre4 ay liveA K c; omotes' to the Euclid masmator 'ir e:..tmuss: Pxank rsAd txoopt thaw partUra .•as the wveteri part or tog r,,107 tKh^ob in sawyY ^^ ^,,,^were imna^:sw ^ ed to t#ti €a}?esrpoz3 "av^e^,,a^>~•r TredwMen^

E"t

EuR'lid, City of ^onl?^ thra^ y°s:^t#,n tn t@ae ?drentern par4; rst the City nerve ^ by stnw'em oma4ctz^4 t^3 tha cle+r*Iaaz^ ^^^^^^^ ^^^^^^^w Treatvr3n4 ^lantr 3

QarfteM Reighvo= city af i411)

u'a^^ M111s, ;sf ^r.nly toat porvim cm M:.a eant B5.z^^ of ^ i3M1^a ^eriyea^ Rcs^d ncua?3. ^,k" ^^YM0.4 R*ad)

A-12 (IR

9°^.^1and #aights, Cl^y

LaAwrrsd; City raf Bt.rts ::^ev^glazsd

Wratkala' v^.llwgz o?'

Lyn&w2'3t0 City of (all)

??^t>16 Haishtsq City of

t^Yf1o?d, r#6^^^^ c^^ '^?^? 6

^foyftftiid

?4*wb"F;b

mort:3

CM7 or (yn:.y ^ha3^ P*Vi:'W*,z in the mwtiza3^tvrr paey M thm City at&'b^d by 3esBos:^ aanremm to thr; Cleaelazsd ^mat#awl;r wwY^s^.ter^ Tri^^toont Plant)

N^fr^d, '^ilkago of (al.:, oncept wYfat nr^tion of the ;3il;3^gn ;E,aoaF.a^-d nostYs of Forbeo Acad)

City csf (all emim,st that pr,rtlr^l, in th^ ^^^rem^ !Ics^^^^3t of the City ,^tosi Es Oarv?4 by ^;awora ro¢anep-y^^ ^^ b^7e ncrrth ftyalfiran va5y.eway^^ ^racY.oant Plant)

Form ^618hts, C.i. ty of a all1

R3,c@msnd HeIghti3 Vity of ^tli eueryt that ^^rlttog in the az^^tw^ ^^^^ ot the ^ity so"ad by aatae.°a s^^^os^ted to tk^^^ R'w"lid ;^^^^^^wwr Taeaf,^^nt Plant)

Rivowa{3gs Tawesshi^ ^allr^

$avvn Milo, City ^^ f&ll$

.*c:aker Re? gb:"A, City of t all$ tour„?^ 1UNIAy city of Qla igoops that Prrrtior ;^ the nwa•th centr^^ P.1 of the C"^ aemod 6y wwwr^ ^^nnected tsa the toolid th^^ewafttr ix eatusnt kla'f^ ^

^^sl,^O&'smty BfFlg?3ta, ^lty W, f,8al-1)

V411yJf Ift$:9t'9 vUJ.age oG ^&1.1)

Waltes^ ^^IIIa village ct ^^,.l)

s3^^^enoa?il.102 Tcwwlip (a.sl)

^a^.^vmzv'ilJ.2 R*14htay City cr (111)

.f-b° da p

k#^^^^fi*lds V11183g^ ^^ (aw (P^^ ^^ ^^lant A4,10MI1 shwmv ^^^^rio^^ 'molu^loa Ncv 22^75 nrkwêd ;iAmh 7, 1975 rs^^ tbe uII&Ô k4f rrisînaeszm .0o. x^^^ ^^ pa^^4ed e ab^^^ 1;^y 1975)

W"domi"" (all.) ^^^ ^^^^^ând Ragôo^^ savor Di.^^^^^^ ^tulu^^^^ ^^^ ^^^-M adoptoz^ ft3p 59 1977R md My of ?^^^ôala C'.-dimmoo 9,*a 16R197S , ^^êl^ &^^^ 14, 1977^

^^^rs; noa,lo i'tswnship (all) (par faeVOW Regiaz^^ Sewva D1.wp,29.ot R,^*lc^tion Ro. 359 g6, adwt*d Mvvembn^v 4X 1976, aead ft^:=aes 9121a 'nO^^^^P Ra^^^lqt-lrzs ffsz, 34-76„ V"ee^g 10crsab+^r 4, 1970

ikr^r,^^a^^^• (als) fpiv cletire aod, Regional &-wer %st.w3c't vo*,slu^lon Mo9 2,155-745 alsaPP;I^Pd AUT..,nt^ 5, lIZ76s zw^ My' *f :?rw gml3x.lo ;r^lam^z ?srs„ '1976-176, ^a"^4od .iu^y 6, 1976i

-- R_ A°14