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

April the Eleventh, Two Thousand and Twelve

The City Record is available online at Frank G. Jackson www.clevelandcitycouncil.org Mayor Martin J. Sweeney President of Council Containing PAGE Patricia J. Britt City Council 3 City Clerk, Clerk of Council The Calendar 17 Board of Control 17 Ward Name Civil Service 19 1 Terrell H. Pruitt Board of Zoning Appeals 19 2 Zachary Reed Board of Building Standards 3 Joe Cimperman and Building Appeals 20 4 Kenneth L. Johnson Public Notice 20 5 Phyllis E. Cleveland Public Hearings 20 6 Mamie J. Mitchell City of Cleveland Bids 20 7 TJ Dow Adopted Resolutions 8 Jeffrey D. Johnson and Ordinances 21 9 Kevin Conwell Committee Meetings 59 Index 59 10 Eugene R. Miller 11 Michael D. Polensek 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Jay Westbrook 17 Dona Brady 18 Martin J. Sweeney 19 Martin J. Keane

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

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 99 WEDNESDAY, APRIL 11, 2012 No. 5131 CITY COUNCIL MONDAY, APRIL 9, 2012

The City Record WEDNESDAY — Alternating COMMUNICATIONS Published weekly by the City Clerk, Clerk of Council under authority 1:30 P.M. — Public Utilities Com- File No. 515-12. of the Charter of the mittee: Kelley, Chair; Brady, Vice From Director of Aging — accep- City of Cleveland Chair; Conwell, Cummins, Dow, Mil- tance of $5,200 donation from New The City Record is available ler, Polensek, Pruitt, Westbrook. York Community Bancorp, Inc for online at the Department’s Economic Security 1:30 P.M. — City Planning Com- Project. Received. www.clevelandcitycouncil.org mittee: Cleveland, Chair; Westbrook, Address all communications to Vice Chair; Brady, Conwell, Dow, File No. 516-12. PATRICIA J. BRITT Keane, Zone. From Cuyahoga County Board of City Clerk, Clerk of Council The following Committees are Elections. Certificate of Result of Issue 1, Proposed Charter Amend- 216 City Hall subject to the Call of the Chair: ment on March 6, 2012 City of Cleve- Rules Committee: Sweeney, Chair; land election. Received. PERMANENT SCHEDULE Cleveland, Keane, Polensek, Pruitt. STANDING COMMITTEES File No. 517-12. Personnel and Operations Commit- OF THE COUNCIL From Kingsbury Tower, Ltd.. — tee: Westbrook, Chair; Conwell, K. Kingsbury Tower and Townhomes 2010-2013 Johnson, Kelley, Mitchell, Sweeney, Hough Neighborhood (Ward 7) — Zone. notification letter as general partner MONDAY — Alternating Mayor’s Appointment Committee: of residential rental development project and utilizing multifamily 9:30 A.M. — Public Parks, Proper- Dow, Chair; Cleveland, Kelley, Mil - ler, Sweeney. funding programs of the Ohio Hous- ties, and Recreation Committee: K. ing Finance Agency (OHIA). Johnson, Chair; Conwell, Vice Chair; Received. Brancatelli, Cimperman, Dow, Polen- sek, Reed. OFFICIAL PROCEEDINGS CITY COUNCIL FROM OHIO DIVISION OF 9:30 A.M. — Health and Human LIQUOR CONTROL Services Committee: Cimperman, ______Chair; J. Johnson, Vice Chair; Con- File No. 518-12 well, Keane, Kelley, Reed, Zone. Cleveland, Ohio Monday, April 9, 2012 Re: #0827561 — D1, D2 Transfer 11:00 A.M. — Public Service Com- of Ownership Application, Bon mittee: Miller, Chair; Cummins, Vice The meeting of the Council was called to order, the President, Mar- Vivant Larchmere, LLC, dba Vine & Chair; Cleveland, Dow, K. Johnson, Bean Café, 1st floor, basement and Keane, Polensek, Pruitt, Sweeney. tin J. Sweeney, in the Chair. Council Members present: Brady, porch, 12706 Larchmere Boulevard. 11:00 A.M. — Legislation Commit- Brancatelli, Cimperman, Cleveland, (Ward 6). Received. tee: Mitchell, Chair; K. Johnson, Conwell, Cummins, Dow, J. Johnson, Vice Chair; Brancatelli, Cimperman, K. Johnson, Keane, Kelley, Miller, File No. 519-12 Cleveland, Reed, Sweeney. Mitchell, Polensek, Pruitt, Reed, Re: #8569695 — D1, D2, D3, D3A, Sweeney, Westbrook and Zone. D6 Transfer of Ownership Applica- MONDAY Also present were Mayor Frank G. tion, Sterles Group, LLC, dba Frank Jackson, Ken Silliman, Chief of Sterle Slovenian Country, 1st floor, 2:00 P.M. — Finance Committee: Staff, Darnell Brown, Chief Operat- 1401-03 East 55th Street. (Ward 7). Swee ney, Chair; Kelley, Vice Chair; ing Officer, Valarie J. McCall, Received. Brady, Brancatelli, Cleveland, Keane, Chief of Government Affairs, Chris Miller, Mitchell, Polensek, Pruitt, Warren, Chief of Regional Develop- CONDOLENCE RESOLUTIONS Westbrook. ment, Monyka S. Price, Chief of Edu- cation, Maureen R. Harper, Chief of The rules were suspended and the TUESDAY Communications, Andrea V. Taylor, following Resolutions were adopted Press Secretary, Jenita McGowan, by a rising vote: 9:30 A.M. — Community and Eco- Chief of Sustainability, and Interim nomic Development Committee: Bran - Law Director Langhenry, Directors Res. No. 520-12—Danny Cameron. catelli, Chair; Dow, Vice Chair; Cim- Dumas, Withers, Smith, Wasik, But- Res. No. 521-12—Leatrice Lucille ler, Flask, Cox, Rybka, Southering- perman, Cummins, J. Johnson, Miller, Branch Madison. ton, Nichols, Griffin, Brown, and Pruitt, Westbrook, Zone. Res. No. 522-12—Mrs. Anita Teresa Stevenson, Legislative 1:30 P.M. — Employment, Affir- Kennedy. Affairs. mative Action and Training Com- Res. No. 523-12—Vera D. Bell. mittee: Pruitt, Chair; Miller, Vice Pursuant to Ordinance No. 2926-76 Res. No. 524-12—Louis Brooks, Jr. Chair; Cummins, J. Johnson, K. prayer was offered by Elder Marvin Johnson, Mitchell, Westbrook. Wyett of Community of Faith CONGRATULATIONS RESOLUTIONS Assembly, 5949 Engle Avenue, locat- WEDNESDAY — Alternating ed in Ward 12. Pledge of Allegiance. The rules were suspended and the following Resolutions were adopted 10:00 A.M. — Aviation and Trans- MOTION without objection: portation Committee: Keane, Chair; Pruitt, Vice Chair; Cummins, J. John- On the motion of Council Member Res. No. 525-12—Inner City Tennis son, K. Johnson, Kelley, Mitchell. Polensek, the reading of the min- Clinic. 10:00 A.M. — Public Safety Com- utes of the last meeting was dis- Res. No. 526-12—Dorothy L. Jor- mittee: Conwell, Chair; Polensek, pensed with and the journal dan. Vice Chair; Brady, Cleveland, Cum- approved. Seconded by Council Mem- Res. No. 527-12—Superintendent mins, Dow, Miller, Mitchell, Zone. ber Dow. E.T. Parker, Jr. 475 4 The City Record April 11, 2012

RECOGNITION RESOLUTIONS Situated in the City of Cleveland, Section 2. That Permittee may County of Cuyahoga and State of Ohio assign the permit only with the prior The rules were suspended and the Beginning in the north right of way written consent of the Director of following Resolutions were adopted line of Rockwell Avenue (66 feet Capital Projects. That the encroach- without objection: wide), at the most southerly corner of ing structures permitted by this ordi- land conveyed to Rockwell Land Man- nance shall conform to plans and Res. No. 528-12—SAW, Inc. agement Company by A.F.N. specifications approved by the Man- Res. No. 529-12—Cleveland Asian 200612280153 of Cuyahoga County ager of Engineering and Construc- Festival. Records (PPN 101-05-017); tion. That Permittee shall obtain all Thence southerly parallel with the FIRST READING EMERGENCY other required permits, including but centerline of East 6th Street (99 feet ORDINANCES REFERRED not limited to Building Permits, wide) to a point being a distant 2.92 before installing the Ord. No. 492-12. south and parallel with the north encroachment(s). By Council Members Cimperman, right of way of Rockwell Avenue Section 3. That the Director of Law Miller, Cleveland and Sweeney (by (66.00 feet wide); shall prepare the permit authorized departmental request). Thence westerly along a line being by this ordinance and shall incorpo- An emergency ordinance authoriz- a distant 2.92 south and parallel with rate such additional provisions as the ing the Director of Capital Projects to said north right of way of Rockwell director determines necessary to pro- issue a permit to Rockwell Property, Avenue to its intersection with a line tect and benefit the public interest. LLC, to encroach into the public right- being 2.92 west and parallel with the The permit shall be issued only when, of-way of Rockwell Avenue and East east right of way of East 6th Street in the opinion of the Director of Law, 6th Street by installing, using, and (99.00 feet wide). Permittee has properly indemnified maintaining 12 concrete light hous- Thence northerly along a said line the City against any loss that may ings. being a distant 2.92 west and parallel result from the encroachment(s) per- Whereas, this ordinance consti- with said east right of way of East 6th mitted. tutes an emergency measure provid- Street to its intersection with wester- Section 4. That the permit shall ing for the usual daily operation of ly prolongation of the south right of reserve to the City reasonable right of a municipal department; now, there- way of Theresa Court (16.5 feet entry to the encroachment fore, wide). location(s). Be it ordained by the Council of Thence easterly along said wester- the City of Cleveland: ly prolongation of the south right of Section 5. That this ordinance is Section 1. That the Director of way of Theresa Court to its intersec- declared to be an emergency measure Capital Projects is authorized to and, provided it receives the affirma- issue a permit, revocable at the will tion with said east right of way of East 6th Street. tive vote of two-thirds of all the mem- of Council, to Rockwell Property, bers elected to Council, it shall take LLC, 1403 East 6th Street Cleveland, Thence southerly along said east right of way of East 6th Street to its effect and be in force immediately Ohio 44114 (“Permittee”), to upon its passage and approval by the encroach into the public right-of- intersection with said north right of Mayor; otherwise it shall take effect way of Rockwell Avenue and East way of Rockwell Avenue. 6th Street at the following described Thence easterly along said north and be in force from and after the ear- location for the purpose of right of way of Rockwell Avenue to liest period allowed by law. installing, using, and maintaining the place of beginning. Referred to Directors of Capital 12 concrete light housings : Legal Description approved by Projects, City Planning Commission, Concrete light housings encroach- Greg Esber, Section Chief, Plats, Sur- Finance, Law; Committeess on Public ment description veys and House Numbering Section. Service, City Planning, Finance.

Ord. No. 493-12. By Council Members Cimperman, Miller, Cleveland and Sweeney (by departmental request). An emergency ordinance authorizing the Director of Capital Projects to issue a permit to USA Parking Sys- tems Prospect LLC to encroach into the public right-of-way above certain downtown streets with 20 wayfinding signs to be attached to Cleveland Public Power utility poles (by separate permission). Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Coun- cil, to USA Parking Systems Prospect LLC, 1 Center Court Cleveland Ohio 44115 (“Permittee”), to encroach into the public right-of-way above certain streets in the downtown area by installing, using, and maintaining 20 wayfinding signs to be attached to Cleveland Public Power utility poles (by separate permission) at the following locations:

SIGN SIGN ARROW MOUNTING NO. TYPE LOCATION TEXT DIRECTION EXISTING ADDRESS STRUCTURE ONT-1 2.2 ONTARIO STREET CASINO AT HURON ROAD SELF L Light pole 2241 Ontario St. LOOKING SOUTH PARK

ONT-3A 4.1 ONTARIO STREET CASINO AR Parking SOUTH OF HIGH VALET Garage Sign 2169 Ontario St. AVENUE CASINO R with new LOOKING NORTH SELF overlay PARK

ONT-3B 4.2 ONTARIO STREET CASINO Parking SOUTH OF HIGH SELF L Garage Sign 2169 Ontario St. AVENUE PARK with new LOOKING SOUTH overlay

ONT-5 1.1 ONTARIO STREET CASINO L SOUTH OF VALET Power Pole 2120 Ontario St. PROSPECT CASINO with no light AVENUE SELF S LOOKING SOUTH PARK

476 April 11, 2012 The City Record 5

ONT-6 1.1 ONTARIO STREET CASINO S NORTH OF VALET PROSPECT CASINO Light pole 2052 Ontario St. AVENUE SELF S LOOKING SOUTH PARK

ONT-7 3 ONTARIO STREET CASINO AT HURON ROAD PARKING S Light pole 2245 Ontario St. LOOKING NORTH RIGHT LANE

PROS-2 2.1 PROSPECT AVENUE AT CASINO S Light pole 611 West W 6TH STREET PARKING Prospect Ave. LOOKING EAST

PROS-3 2.1 PROSPECT AVENUE AT CASINO W 2ND STREET PARKING S Light pole 227 West LOOKING EAST Prospect Ave.

PROS-5 1 .1 PROSPECT CASINO AVENUE AT VALET L Light pole ONTARIO STREET CASINO 35 East LOOKING WEST SELF L Prospect Ave. PARK

PROS-6 1.1 PROSPECT CASINO AVENUE AT VALET L E 4TH STREET CASINO Light pole 425 East LOOKING WEST SELF L Prospect Ave. PARK

PROS-7 2.1 PROSPECT AVENUE AT CASINO ONTARIO STREET PARKING R Light pole 33 West LOOKING EAST Prospect Ave.

E4-1 1.3 E 4TH STREET CASINO AT HIGH AVENUE VALET S LOOKING SOUTH CASINO Light pole 2126 E 4th S t. SELF R PARK

E4-2 1.2 E 4TH STREET CASINO ACROSS HURON VALET R Skywalk ROAD LOOKING CASINO R Pedestrian 400 E Huron Rd. SOUTH SELF Bridge Pier PARK

E4-3 2.2 ONTARIO STREET CASINO SOUTH OF HIGH SELF L Power Pole 2185 E 4th St. AVENUE LOOKING PARK with no light SOUTH

HUR-2 2.1 HURON ROAD WEST OF CASINO Fence Post 699 W Huron Rd. W 6TH STREET PARKING S with new LOOKING EAST extension

HUR-4 3 HURON ROAD CASINO WEST OF PARKING S Fence Post 249 W Huron Rd . W 6TH STREET LEFT with new LOOKING EAST LANE extension

HUR-7A 1.2 HURON ROAD CASINO AT NE CORNER VALET R ONTARIO STREET CASINO LOOKING EAST SELF R Signal Pole 83 E Huron Rd. PARK

477 6 The City Record April 11, 2012

HUR-7B 2.2 HURON ROAD CASINO AT NE CORNER VALET L ONTARIO STREET CASINO Signal Pole 83 E Huron Rd. LOOKING WEST SELF L PARK

HUR-8 3 HURON ROAD CASINO BEFORE PARKING ONTARIO STREET LEFT L Light pole 70 W Huron Rd. LOOKING EAST LANE

HUR-9 2.2 HURON ROAD Signal Pole WEST OF E 4TH CASINO with no mast STREET LOOKING SELF L arm or 400 E Huron Rd. EAST PARK signals

Approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section.

Section 2. That Permittee may assign the permit only with the written consent of the Director of Capital Pro- jects. That nothing in this ordinance grants or shall be considered to grant to Permittee any right, privilege, or permission to use, or to attach or affix any object to, poles; Permittee shall obtain such permission from the respective pole owner. Section 3. That the encroaching objects permitted by this ordinance shall conform to plans and specifications first approved by the Manager of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachments. Section 4. That the Director of Law shall prepare the permit authorized by this ordinance and shall incorpo- rate such additional provisions as the director determines necessary to protect and benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, a prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted. Section 5. That the Permit shall reserve reasonable right of entry to the encroachment locations to the City. Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Public Ser- vice, City Planning, Finance.

Ord. No. 494-12. eral interest and that it should be with, plans approved by the Illumi- By Council Members Miller, Cleve- made; and nating Company (CEI) and the City land and Sweeney (by departmental Whereas, this ordinance consti- of Cleveland. request). tutes an emergency measure provid- Section 3. That provided all An emergency ordinance to vacate ing for the usual daily operation of required approvals have been a portion of Allison Avenue N.W. a municipal department; now, there- obtained, the Manager of Engineer- Whereas, under Resolution No. fore, ing and Construction is directed to 1098-11, adopted October 3, 2011, this Be it ordained by the Council of record the vacation plat in the office Council declared its intention to the City of Cleveland: of the Recorder of Cuyahoga County. vacate a portion of Allison Avenue Section 1. That this Council Section 4. That the Clerk of Council N.W.; and declares that the following is directed to transmit a copy of this Whereas, notice of the adoption of described real property is vacated: ordinance to the Auditor of Cuyahoga the above vacation was served on Being all that portion of Allison County. the abutting property owners affect- Avenue N.W. (40.00 feet wide), Section 5. That this ordinance is ed by the resolution which stated a extending from the westerly right of declared to be an emergency measure time and place when objections way line of West 137th Street (50.00 and, provided it receives the affirma- would be heard before the Board of feet wide), westerly to its terminus Revision of Assessments; and Legal Description approved by tive vote of two-thirds of all the mem- Whereas, on March 1, 2012 the Greg Esber, Section Chief, Plats, Sur- bers elected to Council, it shall take Board of Revision of Assessments veys and House Numbering Section. effect and be in force immediately approved the above vacation under Section 2. That there is reserved to upon its passage and approval by the the provisions of Section 176 of the the City of Cleveland an easement of Mayor; otherwise it shall take effect Charter of the City of Cleveland; full width as described above for the and be in force from and after the ear- and Illuminating Company (CEI). liest period allowed by law. Whereas, this Council is satisfied That no structures shall be erected Referred to Directors of Capital that there is good cause for vacat- on the premises described in this ease- Projects, City Planning Commission, ing a portion of the above and that ment except those constructed under Finance, Law; Committees on Public it will not be detrimental to the gen- the approval of, and in compliance Service, City Planning, Finance.

Ord. No. 495-12. By Council Member Sweeney (by departmental request). An emergency ordinance authorizing the Director of Finance to pay as Moral Claims the sums opposite the names of the claimants. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Finance is authorized to pay as Moral Claims the sums opposite the names of the following claimants and charged against the fund: 478 April 11, 2012 The City Record 7

Claimant: Claim No. Amount Division Fund

Department of Building and Housing – Board-up Division

Steven Saric 12367 $1,000.00 Building & Housing 01-800501-672000

Earle B. Turner – Clerk of Courts

Manack, Marc A. 12379 $ 156.00 Clerk of Courts 01-011601-672000

Public Safety Department

Cole, Crystal L. 12383 $ 250.00 EMS 01-600402-672000 Maynard, Blair P. 12376 $ 500.00 Police 01-600202-672000

Mayor’s Office of Capital Projects

Wherry, Bentley D., Jr. 12351 $ 250.00 Eng. & Constr. 01-010303-672000 Mills, Delynia 12371 115.53 Eng. & Constr. 01-010303-672000

Department of Public Works

Service Cleaners, Inc. 12372 $ 500.00 Street Operations 11-4017016-62700 Agosto, Ivelisse 12380 170.00 Street Operations 11-4017016-62700 Faidiga, Thomas J. 12382 115.53 Street Operations 11-4017016-62700 Underwood, Larry B. 12325 $ 500.00 Vacant Lots 01-701205-672000 Willis, Smith 12370 107.75 Vacant Lots 01-701205-672000 Terrace Construction 12373 365.00 Vacant Lots 01-701205-672000 Conner, Cynthia 12357 $1,000.00 Urban Forestry 01-701204-672000 Vivolo, James 12365 $15.00 Waste Collection 01-400303-672000 Dailey, Oscar 12366 15.00 Waste Collection 01-400303-672000 Morris, Ronald 12375 45.00 Waste Collection 01-400303-672000 Higgins, Patrick 12377 15.00 Waste Collection 01-400303-672000

Department of Public Utilities

Water:

Messing,Dale a nd Anita 5395 $2,000.00 Water 52 SF 001

Water Pollution Control:

McArthur, James 5394 $1,018.72 Water Pollution Control 54 SF 001 White, Melvin 5470 1,605.87 Water Pollution Control 54 SF 001

Section 2. That the authority of the Director of Finance to pay the amounts in this ordinance is conditioned on a City-approved written acceptance by the claimant of the City’s offer to pay this claim within six months from the effective date of this ordinance. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred t o Directors of Finance, Law; Committee on Finance.

Ord. No. 496-12. exercising the first option to renew and, provided it receives the affirma- By Council Members Keane and on this contract; and tive vote of two-thirds of all the mem- Sweeney (by departmental request). Whereas, this ordinance consti- bers elected to Council, it shall take An emergency ordinance authoriz- tutes an emergency measure provid- effect and be in force immediately ing the Director of Port Control to ing for the usual daily operation of upon its passage and approval by the exercise the first option to renew Con- a municipal department; now, there- Mayor; otherwise it shall take effect tract No. PS2010-106 with Precision fore, and be in force from and after the ear- Analytical, Inc. to perform environ- Be it ordained by the Council of liest period allowed by law. the City of Cleveland: mental analytical laboratory services Referred to Directors of Port Con- Section 1. That the Director of in support of environmental pro- trol, Finance, Law; Committees on Port Control is authorized to exer- grams for the Department of Port Aviation and Transportation, cise the first option to renew Con- Finance. Control. tract No. PS2010-106 for an addition- Whereas, under the authority of al year with Precision Analytical, Ordinance No. 183-09, passed April Inc., to perform environmental ana- Ord. No. 497-12. 13, 2009, the Director of Port Control lytical laboratory services in sup- By Council Members K. Johnson entered into Contract No. PS2010-106 port of environmental programs for and Sweeney (by departmental with Precision Analytical, Inc. to the Department of Port Control. request). perform environmental analytical This ordinance constitutes the addi- An emergency ordinance authoriz- laboratory services in support of tional legislative authority required ing the Director of Public Works to environmental programs for the by Ordinance No. 183-09 to exercise apply for and accept a grant from Department of Port Control; and this option. Cuyahoga Arts and Culture for the Whereas, Ordinance No. 183-09 Section 2. That this ordinance is 2012 Mural My Neighborhood Pro- requires further legislation before declared to be an emergency measure gram. 479 8 The City Record April 11, 2012

Whereas, this ordinance consti- Whereas, other public or private with the chief of police of the tutes an emergency measure provid- entities may also desire to make municipal corporation in which the ing for the usual daily operation of gifts to the City of Cleveland of hospital is located to set forth cer- a municipal department; now, there- cash, surveillance cameras, appur- tain standards and criteria govern- fore, tenant components, and services in ing interaction and cooperation Be it ordained by the Council of 2012 and 2013, including installation; between the hospital and municipal the City of Cleveland: and police departments; and Section 1. That the Director of Whereas, the estimated value for Whereas, this ordinance consti- Public Works is authorized to apply each camera and appurtenant com- tutes an emergency measure provid- for and accept a grant in the ponents and services, not including ing for the usual daily operation of amount of $19,600, from Cuyahoga installation, totals approximately a municipal department; now, there- Arts and Culture to conduct the 2012 $10,010; and fore, Mural My Neighborhood Program; Whereas, this ordinance consti- Be it ordained by the Council of that the Director is authorized to tutes an emergency measure provid- the City of Cleveland: file all papers and execute all doc- ing for the usual daily operation of Section 1. That the Chief of Police, uments necessary to receive the a municipal department; now, therewith concurrence of the Director of funds under the grant; and that the fore, Public Safety, is authorized to enter funds are appropriated for the pur- Be it ordained by the Council of into an agreement with The Metro- poses described in the 2012 grant the City of Cleveland: Health System to set forth the stan- agreement for the grant contained Section 1. That the Director of dards and criteria to govern the in the file described below. Public Safety is authorized to accept interaction and cooperation between Section 2. That the 2012 grant agree- one or more gifts of cash and sur- persons appointed as police officers ment for the grant, presented to the veillance cameras, appurtenant com- for the hospital under division (D) Finance Committee of this Council at ponents, and services, or any com- a public hearing on this legislation of Section 4973.17 of the Revised bination thereof, including installa- Code and law enforcement officers and set forth in File No. 497-12-A, is tion, from Cleveland Downtown made a part of this ordinance as if of the Division of Police. The stan- Alliance, Tremont West Develop- dards and criteria may include, but fully rewritten, is approved in all ment, the Ohio Department of Trans- respects, and shall not be changed are not limited to, provisions gov- portation, and other public or pri- erning the reporting of offenses dis- without additional legislative author- vate entities, to be placed in various ity. covered by hospital police officers to locations of the downtown region Section 3. That, unless expressly the Division of Police, provisions within the existing Cleveland prohibited by the grant agreement, governing investigatory responsibil- Shared Security Surveillance Net- under Section 108(b) of the Charter, ities relative to offenses committed work in 2012 and 2013. The estimat- purchases made under the grant on hospital property, and provisions ed value for each camera and appur- agreement may be made through governing the processing and con- tenant components and services, not cooperative arrangements with other finement of persons arrested for including installation, totals approx- governmental agencies. The Director offenses committed on hospital prop- imately $10,010. The Director is of Public Works may sign all docu- erty. The agreement authorized by authorized to file any papers neces- ments and do all things that are nec- this ordinance shall contain such sary to receive any cash donation essary to make the purchases, and additional provisions as may be may enter into one or more contracts under this ordinance in 2012 and 2013, and the cash donations are needed to protect the interests of with the vendors selected through the City, in the opinion of the that cooperative process. The con- appropriated for the purposes described in this ordinance. Directors of Law and Public Safe- tracts will be paid from the fund or ty. [RC 4973.17(D)] funds to which are credited any grant Section 2. That this ordinance is declared to be an emergency measure Section 2. That this ordinance is funds accepted under this ordinance. declared to be an emergency measure Section 4. That this ordinance is and, provided it receives the affirmative vote of two-thirds of all the mem- and, provided it receives the affirma- declared to be an emergency measure tive vote of two-thirds of all the mem- and, provided it receives the affirma- bers elected to Council, it shall take bers elected to Council, it shall take tive vote of two-thirds of all the mem- effect and be in force immediately effect and be in force immediately bers elected to Council, it shall take upon its passage and approval by the upon its passage and approval by the effect and be in force immediately Mayor; otherwise it shall take effect upon its passage and approval by the and be in force from and after the ear- Mayor; otherwise it shall take effect Mayor; otherwise it shall take effect liest period allowed by law. and be in force from and after the ear- and be in force from and after the ear- Referred to Directors of Public liest period allowed by law. liest period allowed by law. Safety, Finance, Law; Committees on Referred to Directors of Public Referred to Directors of Public Public Safety, Finance. Safety, Finance, Law; Committees on Works, Finance, Law; Committees on Public Safety, Finance. Public Parks, Properties, and Recre- Ord. No. 499-12. ation, Finance. By Council Members Conwell and Ord. No. 500-12. Sweeney (by departmental request). By Council Members K. Johnson, Ord. No. 498-12. An emergency ordinance authoriz- Miller, Cleveland and Sweeney (By By Council Members Conwell and ing the Chief of Police, with concur- Request). Sweeney (by departmental request). rence of the Director of Public Safety, An emergency ordinance to vacate An emergency ordinance authoriz- to enter into an agreement with The a portion of Evarts Avenue S.E. and a ing the Director of Public Safety to MetroHealth System to set forth stan- portion of East 90th Place. accept one or more gifts of cash, sur- dards and criteria governing interac- Whereas, under Resolution No. veillance cameras, appurtenant com- tion and cooperation between the offi- 1572-11, adopted December 5, 2011, ponents, and services or any combina- cers of the hospital and those of the this Council declared its intention to tion thereof, from the Cleveland Cleveland Division of Police. vacate a portion of Evarts Avenue Downtown Alliance, Tremont West Whereas, division (D) of Section S.E. and a portion of East 90th Development Corporation, the Ohio 4973.17 of the Revised Code autho- Place; and Department of Transportation, and rizes the secretary of state, upon Whereas, notice of the adoption of other various agencies and entities, to application of a hospital that is the above vacation was served on be placed in various locations of the operated by a public or nonprofit the abutting property owners affect- downtown region within the existing hospital agency that employs and ed by the resolution which stated a Cleveland Shared Security Surveil- maintains its own proprietary police time and place when objections lance Network in 2012 and 2013. department or security department, would be heard before the Board of Whereas, the Cleveland Down- to appoint and commission persons Revision of Assessments; and town Alliance, Tremont West Devel- designated by the hospital to act as Whereas, on March 1, 2012 the opment Corporation, and the Ohio police officers for the hospital; and Board of Revision of Assessments Department of Transportation have Whereas, the persons appointed as approved the above vacation under indicated a desire to make gifts to police officers for a hospital shall the provisions of Section 176 of the the City of Cleveland of surveillance not engage in any duties or activi- Charter of the City of Cleveland; cameras, appurtenant components, ties as police officers for the hospi- and and services, or any combination tal unless the requirements set forth Whereas, this Council is satisfied thereof, to be placed in various loca- in division (D) of Section 4973.17 of that there is good cause for vacat- tions of the downtown region with- the Revised Code are met; and ing a portion of the above and that in the existing Cleveland Shared Whereas, one of the requirements it will not be detrimental to the gen- Security Surveillance Network in of the statute is that the hospital eral interest and that it should be 2012 and 2013; and must enter into a written agreement made; and 480 April 11, 2012 The City Record 9

Whereas, this ordinance consti- a municipal department; now, there- borhood Safety and Security Pro- tutes an emergency measure provid- fore, gram for the public purpose of joint ing for the usual daily operation of Be it ordained by the Council of collaboration with the Fourth Dis- a municipal department; now, there- the City of Cleveland: trict Police Station on safety activi- fore, Section 1. That the Director of ties and the coordination of the use Be it ordained by the Council of Community Development is autho- of security cameras along the com- the City of Cleveland: rized to apply for and accept a mercial area in the Warner Road Section 1. That this Council grant in the approximate amount of neighborhood area that is in the city declares that the following $2,248,743, from the State of Ohio of Cleveland through the use of described real property is vacated: Department of Development to con- Ward 2 Neighborhood Capital duct the 2012 Home Weatherization Funds. EVARTS AVENUE VACATION Assistance Program; that the Direc- Section 2. That the cost of said con- Being all that portion of Evarts tor of Community Development is tract shall be in an amount not to Avenue (40 feet wide) extending east- authorized to file all papers and exceed $18,000 and shall be paid from erly from the easterly right of way execute all documents necessary to Fund No. 10 SF 177. line of East 89th Street (40 feet wide) receive the funds under the grant; Section 3. That the Director of Law to its terminus with that vacated por- and that the funds are appropriated shall prepare and approve said con- tion of Evarts Avenue (40 feet wide) for the purposes set forth in the tract and that the contract shall con- by City of Cleveland ordinance num- summary for the grant contained in tain such terms and provisions as he ber 1109-84 passed June 19, 1984 as the file described below. deems necessary to protect the City’s recorded in volume 232 page 86 of Section 2. That the summary for the interest. Cuyahoga County Map Records. grant, presented to the Finance Com- Section 4. That this ordinance is mittee of this Council at a public hear- hereby declared to be an emergency EAST 90th PLACE VACATION ing on this legislation and set forth in measure and, provided it receives the Being all that portion of East 90th File No. 491-12-A, is made a part of this affirmative vote of two-thirds of all Place (12 feet wide) and its North- ordinance as if fully rewritten, is the members elected to Council, it westerly turnout extending Northerly approved in all respects, and shall not shall take effect and be in force imme- from the Northerly line of Evarts be changed without additional leg- diately upon its passage and approval Avenue S.E. (40 feet wide) to the islative authority. by the Mayor; otherwise it shall take Southerly line of Caskey Court S.E. Section 3. That the Director of Com- effect and be in force from and after (12 feet wide). munity Development is authorized to the earliest period allowed by law. Legal Description approved by enter into one or more contracts with Motion to suspend rules, Charter, Greg Esber, Section Chief, Plats, Sur- individual landlords, tenants, con- and statutory provisions and place veys and House Numbering Section. tractors, and various non-profit orga- on final passage. Section 2. That there is reserved to nizations, including but not limited The rules were suspended. Yeas the City of Cleveland an easement of to, Cleveland Housing Network, Cud- 18. Nays 0. Read second time. Read full width as described above for the ell Improvement, Inc., Community third time in full. Passed. Yeas 18. Illuminating Company (CEI), AT&T Housing Solutions, Mt. Pleasant NOW Nays 0. and Cleveland Public Power. Development Corporation, Fairfax That no structures shall be erected Renaissance Development Corpora- Ord. No. 502-12. on the premises described in this ease- tion, and the Detroit Shoreway Com- By Council Member Brancatelli. ment except those constructed under munity Development Organization, to An emergency ordinance consent- ing and approving the issuance of a the approval of, and in compliance provide weatherization assistance to permit for the Morgana Run, on June with, plans approved by the Illumi- low-income City residents through 10, 2012, sponsored by Hermes Sports nating Company (CEI), AT&T, Cleve- this program. & Events, Inc. land Public Power and the City of Section 4. That the costs of these Whereas, this ordinance consti- Cleveland. contracts shall be paid from the fund tutes an emergency measure provid- Section 3. That provided all or funds which are credited the grant ing for the usual daily operation of required approvals have been proceeds accepted under this ordi- a municipal department; now, there- obtained, the Manager of Engineer- nance. fore, ing and Construction is directed to Section 5. That this ordinance is Be it ordained by the Council of record the vacation plat in the office declared to be an emergency measure the City of Cleveland: of the Recorder of Cuyahoga County. and, provided it receives the affirma- Section 1. That pursuant to Sec- Section 4. That the Clerk of Council tive vote of two-thirds of all the mem- tion 411.06 of the Codified Ordi- is directed to transmit a copy of this bers elected to Council, it shall take nances of Cleveland, Ohio 1976, this ordinance to the Auditor of Cuyahoga effect and be in force immediately Council consents to and approves County. upon its passage and approval by the the holding of the Morgana Run, Section 5. That this ordinance is Mayor; otherwise it shall take effect sponsored by Hermes Sports & declared to be an emergency measure and be in force from and after the ear- Events, Inc. on June 10, 2012, with and, provided it receives the affirma- liest period allowed by law. the Run beginning at East 75th & tive vote of two-thirds of all the mem- Motion to suspend rules, Charter, Aetna, East 75th to Fleet; Fleet to bers elected to Council, it shall take and statutory provisions and place East 49th; East 49th to Morgan Run effect and be in force immediately on final passage. Trail to East 75th; East 75th to upon its passage and approval by the The rules were suspended. Yeas Aetna and Finish, provided that the Mayor; otherwise it shall take effect 18. Nays 0. Read second time. Read applicant sponsor shall meet all the and be in force from and after the ear- third time in full. Passed. Yeas 18. requirements of Section 411.05 of the liest period allowed by law. Nays 0. Codified Ordinances of Cleveland, Referred to Directors of Capital Ohio, 1976. Streets may be closed as Projects, City Planning Commission, Ord. No. 501-12. determined by the Chief of Police Finance, Law; Committees on Public By Council Member Reed. and safety forces as may be neces- Service, City Planning, Finance. An emergency ordinance authoriz- sary in order to protect the partici- ing the Director of the Department of pants in the event. Said permit shall FIRST READING EMERGENCY Public Safety to enter into an agree- further provide that the City of ORDINANCES READ IN FULL ment with the Slavic Village Develop- Cleveland shall be fully indemnified AND PASSED ment Corporation for the Neighbor- from any and all liability resulting hood Safety and Security Program for from the issuance of the same, to Ord. No. 491-12. the Warner Road Neighborhood Area the extent and in form satisfactory By Council Members Brancatelli through the use of Ward 2 Neighbor- to the Director of Law. and Sweeney (by departmental hood Capital Funds. Section 2. That this ordinance is request). Whereas, this ordinance consti- hereby declared to be an emergency An emergency ordinance authoriz- tutes an emergency measure provid- measure and, provided it receives the ing the Director of Community Devel- ing for the usual daily operation of affirmative vote of two-thirds of all opment to apply for and accept a a municipal department; now, there- the members elected to Council, it grant from the State of Ohio Depart- fore, shall take effect and be in force imme- ment of Development for the 2012 Be it ordained by the Council of diately upon its passage and approval Home Weatherization Assistance the City of Cleveland: by the Mayor; otherwise, it shall take Program; and to enter into contracts Section 1. That the Director of the effect and be in force from and after necessary to implement the program. Department of Public Safety be the earliest period allowed by law. Whereas, this ordinance consti- authorized to enter into an agree- Motion to suspend rules, Charter, tutes an emergency measure provid- ment with the Slavic Village Devel- and statutory provisions and place ing for the usual daily operation of opment Corporation for the Neigh- on final passage. 481 10 The City Record April 11, 2012

The rules were suspended. Yeas Huron and West 2nd, Huron to Supe- Motion to suspend rules, Charter, 18. Nays 0. Read second time. Read rior, Superior across Veterans Memo- and statutory provisions and place third time in full. Passed. Yeas 18. rial Bridge to Detroit, Detroit to on final passage. Nays 0. West 28th, West 28th to Fulton, Ful- The rules were suspended. Yeas ton to West 32nd, West 32nd to 18. Nays 0. Read second time. Read Ord. No. 503-12. Lorain, cross Lorain (turn around) third time in full. Passed. Yeas 18. By Council Member Cimperman. return same route to finish, provid- Nays 0. An emergency ordinance consented that the applicant sponsor shall ing and approving the issuance of a meet all the requirements of Section Ord. No. 506-12. permit for the Annual Diversity Cen- 411.05 of the Codified Ordinances of By Council Member Cimperman. ter of Northeast Ohio Walk/Run, on Cleveland, Ohio, 1976. Streets may be An emergency ordinance consent- May 5, 2012. closed as determined by the Chief of ing and approving the issuance of a Whereas, this ordinance consti- Police and safety forces as may be permit for the Westside Catholic Cen- tutes an emergency measure provid- necessary in order to protect the ter Run, on June 2, 2012, sponsored by ing for the usual daily operation of participants in the event. Said per- Hermes Sports & Events. a municipal department; now, there- mit shall further provide that the Whereas, this ordinance consti- fore, City of Cleveland shall be fully tutes an emergency measure provid- Be it ordained by the Council of indemnified from any and all liabil- ing for the usual daily operation of the City of Cleveland: ity resulting from the issuance of a municipal department; now, there- Section 1. That pursuant to Sec- the same, to the extent and in form fore, tion 411.06 of the Codified Ordi- satisfactory to the Director of Law. Be it ordained by the Council of nances of Cleveland, Ohio 1976, this Section 2. That this ordinance is the City of Cleveland: Council consents to and approves hereby declared to be an emergency Section 1. That pursuant to Sec- the holding of the Annual Diversity measure and, provided it receives the tion 411.06 of the Codified Ordi- Center of Northeast Ohio Walk/Run, affirmative vote of two-thirds of all nances of Cleveland, Ohio 1976, this on May 5, 2012, start: Erieside and the members elected to Council, it Council consents to and approves Rock Hall, Erieside to East 9th, shall take effect and be in force imme- the holding of the Westside Catholic East 9th to North Marginal, North diately upon its passage and approval Center Run, on June 2, 2012, start: Marginal to Burke Airport Loop by the Mayor; otherwise, it shall take Westside Catholic Center, West 32nd Drive, Loop Drive to North Margin- effect and be in force from and after and Lorain, West 32nd to Fulton, al, North Marginal to East 9th, East the earliest period allowed by law. Fulton to Franklin Blvd.; Franklin 9th to Lakeside, Lakeside to West Motion to suspend rules, Charter, Blvd. to West 65th; turn around; 3rd, West 3rd to St. Clair, St. Clair and statutory provisions and place Franklin Blvd. to West 38th, West to West 9th, West 9th to West Lake- on final passage. 38th to Lorain and finish at the side, West Lakeside to West 3rd, Westside Catholic Center, provided The rules were suspended. Yeas West 3rd to Erieside to finish, pro- that the applicant sponsor shall 18. Nays 0. Read second time. Read vided that the applicant sponsor meet all the requirements of Section third time in full. Passed. Yeas 18. shall meet all the requirements of 411.05 of the Codified Ordinances of Nays 0. Section 411.05 of the Codified Ordi- Cleveland, Ohio, 1976. Streets may be nances of Cleveland, Ohio, 1976. closed as determined by the Chief of Ord. No. 505-12. Streets may be closed as determined Police and safety forces as may be By Council Member Cimperman. by the Chief of Police and safety necessary in order to protect the An emergency ordinance consent- forces as may be necessary in order participants in the event. Said per- ing and approving the issuance of a to protect the participants in the mit shall further provide that the permit for the Urban Community event. Said permit shall further pro- City of Cleveland shall be fully vide that the City of Cleveland shall Schools Run, sponsored by Hermes indemnified from any and all liabil- be fully indemnified from any and Sports & Events, on May 5, 2012. ity resulting from the issuance of all liability resulting from the Whereas, this ordinance consti- the same, to the extent and in form issuance of the same, to the extent tutes an emergency measure provid- satisfactory to the Director of Law. and in form satisfactory to the ing for the usual daily operation of Section 2. That this ordinance is Director of Law. a municipal department; now, there- hereby declared to be an emergency Section 2. That this ordinance is fore, measure and, provided it receives the hereby declared to be an emergency Be it ordained by the Council of affirmative vote of two-thirds of all measure and, provided it receives the the City of Cleveland: the members elected to Council, it affirmative vote of two-thirds of all Section 1. That pursuant to Sec- shall take effect and be in force imme- the members elected to Council, it tion 411.06 of the Codified Ordi- diately upon its passage and approval shall take effect and be in force imme- nances of Cleveland, Ohio 1976, this by the Mayor; otherwise, it shall take diately upon its passage and approval Council consents to and approves effect and be in force from and after by the Mayor; otherwise, it shall take the holding of the Urban Communi- the earliest period allowed by law. effect and be in force from and after ty Schools Run, on May 5, 2012, Motion to suspend rules, Charter, the earliest period allowed by law. start: West 48th and Lorain; West and statutory provisions and place Motion to suspend rules, Charter, 48th to Franklin; Franklin to West on final passage. and statutory provisions and place 29th; West 29th to Circle Dr.; Circle The rules were suspended. Yeas on final passage. Dr. to Fulton; Fulton to Bridge; 18. Nays 0. Read second time. Read The rules were suspended. Yeas Bridge to West 36th; West 36th to third time in full. Passed. Yeas 18. 18. Nays 0. Read second time. Read Fulton; return same route to finish, Nays 0. third time in full. Passed. Yeas 18. provided that the applicant sponsor Nays 0. shall meet all the requirements of Ord. No. 507-12. Section 411.05 of the Codified Ordi- By Council Members Westbrook Ord. No. 504-12. nances of Cleveland, Ohio, 1976. and Zone. By Council Member Cimperman. Streets may be closed as determined An emergency ordinance consent- An emergency ordinance consent- by the Chief of Police and safety ing and approving the issuance of a ing and approving the issuance of a forces as may be necessary in order permit for the Hermes Cleveland 10 permit for the Providence House to protect the participants in the Miler, on April 28, 2012, sponsored by Annual City to City Run, on April 29, event. Said permit shall further pro- Hermes Sports & Events Inc. 2012, sponsored by Hermes Sports & vide that the City of Cleveland shall Whereas, this ordinance consti- Events Inc. be fully indemnified from any and tutes an emergency measure provid- Whereas, this ordinance consti- all liability resulting from the ing for the usual daily operation of tutes an emergency measure provid- issuance of the same, to the extent a municipal department; now, there- ing for the usual daily operation of and in form satisfactory to the fore, a municipal department; now, there- Director of Law. Be it ordained by the Council of fore, Section 2. That this ordinance is the City of Cleveland: Be it ordained by the Council of hereby declared to be an emergency Section 1. That pursuant to Sec- the City of Cleveland: measure and, provided it receives the tion 411.06 of the Codified Ordi- Section 1. That pursuant to Sec- affirmative vote of two-thirds of all nances of Cleveland, Ohio 1976, this tion 411.06 of the Codified Ordi- the members elected to Council, it Council consents to and approves nances of Cleveland, Ohio 1976, this shall take effect and be in force imme- the holding of the Hermes Cleveland Council consents to and approves diately upon its passage and approval 10 Miler, sponsored by Hermes the holding of the Providence House by the Mayor; otherwise, it shall take Sports & Events, Inc. on April 28, Annual City to City Run on April 29, effect and be in force from and after 2012, Start: Edgewater Park, exit 2012 with the Run beginning at the earliest period allowed by law. park west up bike path to West 482 April 11, 2012 The City Record 11

Blvd., south on West Blvd. to Lake, cial advertising shall be printed or Be it resolved by the Council of Lake west to West 117th then into permitted on said banner and said the City of Cleveland: the City of Lakewood, returning banner shall be removed promptly Section 1. That Council does here- from Lakewood east on Lake to upon the expiration of said permit. by record its objection to a transfer Detroit, east on Detroit to West 76th, Section 2. That this ordinance is of Liquor License of a D1, D2, D3, north on West 76th to Father Caru- hereby declared to be an emergency D3A and D6 Liquor Permit from so Drive, east on Father Caruso to measure and, provided it receives the Rico, Inc., DBA City Grill & Patio, tunnel to Edgewater park and fin- affirmative vote of two-thirds of all 6416 Detroit Avenue, 1st floor and ish, provided that the applicant the members elected to Council, it basement, Cleveland, Ohio 44102, sponsor shall meet all the require- shall take effect and be in force imme- Permanent Number 7362695 to West ments of Section 411.05 of the Codi- diately upon its passage and approval 25th Street Bistro, LTD., 1859 West fied Ordinances of Cleveland, Ohio, by the Mayor; otherwise, it shall take 25th Street, Cleveland, Ohio 44113, 1976. Streets may be closed as deter- effect and be in force from and after Permanent Number 9526255, and mined by the Chief of Police and the earliest period allowed by law. requests the Director of Liquor Con- safety forces as may be necessary Motion to suspend rules, Charter, trol to set a hearing for said appli- in order to protect the participants and statutory provisions and place cation in accordance with provisions in the event. Said permit shall fur- on final passage. of Section 4303.26 of the Revised ther provide that the City of Cleve- The rules were suspended. Yeas Code of Ohio. land shall be fully indemnified from 18. Nays 0. Read second time. Read Section 2. That the Clerk of Council any and all liability resulting from third time in full. Passed. Yeas 18. be and she is hereby directed to trans- the issuance of the same, to the Nays 0. mit two certified copies of this resolu- extent and in form satisfactory to tion, together with two copies of a let- the Director of Law. Council Member Dow left the ter of objection and two copies of a Section 2. That this ordinance is meeting. letter requesting that the hearing be hereby declared to be an emergency held in Cleveland, Cuyahoga County. measure and, provided it receives the FIRST READING EMERGENCY Section 3. That this resolution is affirmative vote of two-thirds of all RESOLUTIONS READ IN FULL hereby declared to be an emergency the members elected to Council, it AND ADOPTED measure and, provided it receives the shall take effect and be in force imme- affirmative vote of two-thirds of all diately upon its passage and approval Res. No. 508-12. the members elected to Council, it by the Mayor; otherwise, it shall take By Council Member Cimperman. shall take effect and be in force imme- An emergency resolution objecting effect and be in force from and after diately upon its adoption and to the transfer of Liquor License of a the earliest period allowed by law. approval by the Mayor; otherwise, it D1, D2, D3, D3A and D6 Liquor Permit Motion to suspend rules, Charter, shall take effect and be in force from to 1859 West 25th Street. and statutory provisions and place and after the earliest period allowed Whereas, Council has been noti- on final passage. by law. fied by the Department of Liquor The rules were suspended. Yeas Motion to suspend rules, Charter, Control of an application for a trans- 18. Nays 0. Read second time. Read and statutory provisions and place fer of Liquor License of a D1, D2, on final adoption. third time in full. Passed. Yeas 18. D3, D3A and D6 Liquor Permit from Nays 0. The rules were suspended. Yeas Rico, Inc., DBA City Grill & Patio, 17. Nays 0. Read second time. Read 6416 Detroit Avenue, 1st floor and Ord. No. 514-12. third time in full. Adopted. Yeas basement, Cleveland, Ohio 44102, 17. Nays 0. By Council Member K. Johnson. Permanent Number 7362695 to West An emergency ordiance authoriz- 25th Street Bistro, LTD., 1859 West ing and directing the Director of Cap- Res. No. 509-12. 25th Street, Cleveland, Ohio 44113, By Council Member Cummins. ital Projects to issue a permit to Permanent Number 9526255; and An emergency resolution with- Peace in the Hood Discovery Center Whereas, the granting of this drawing objection to the renewal of a to stretch banners at 9922 Kinsman application for a liquor permit to D1, D2, D3, D3A and D6 Liquor Permit Road, on the east side and west side of this high crime area, which is at 3194 West 25th Street and repealing Kinsman; and 9918 Kinsman on the already saturated with other liquor Resolution No. 1134-11, objecting to east side and west side of Kinsman, outlets, is contrary to the best inter- said renewal. for the period from April 10, 2012 to ests of the entire community; and Whereas, this Council objected to May 9, 2012, inclusive, publicizing the Whereas, the applicant does not a D1, D2, D3, D3A and D6 Liquor 3rd Annual International Walk and qualify to be a permit holder and/or Permit to 3194 West 25th Street by Run for Peace, Justice and Empower- has demonstrated that he has oper- Resolution No. 1134-11 adopted by ment. ated his liquor business in disregard the Council on August 17, 2011; and Whereas, this ordinance consti- of the laws, regulations or local Whereas, this Council wishes to tutes an emergency measure provid- ordinances of this state or any other withdraw its objection to the above ing for the usual daily operation of state; and renewal and consents to said renew- a municipal department; now, there- Whereas, the place for which the al; and fore, permit is sought has not conformed Whereas, this resolution consti- Be it ordained by the Council of to the building, safety or health tutes an emergency measure provid- the City of Cleveland: requirements of the governing body ing for the usual daily operation of Section 1. That notwithstanding of this County or City; and a municipal department; now, there- the provision of Section 623.13 of the Whereas, the place for which the fore, Codified Ordinances, of Cleveland, permit is sought is so arranged or Be it resolved by the Council of Ohio, 1976, the Director of the constructed that law enforcement the City of Cleveland: Department of Capital Projects is officers or agents of the Department Section 1. That objection to a D1, hereby authorized and directed to of Liquor Control are prevented rea- D2, D3, D3A and D6 Liquor Permit issue a permit to the Peace in the sonable access to the establishment; to 2109 Tate, Inc., DBA Teri O’s Hood Discovery Center to stretch and Lounge, 3194 West 25th Street, 1st banners at 9922 Kinsman Road, on Whereas, the place for which the floor and basement, Cleveland, Ohio the east side and west side of Kins- permit is sought is so located with 44109, Permanent Number man; and 9918 Kinsman on the east respect to the neighborhood that it 91163200005 and 91163210 be and the side and west side of Kinsman, for substantially interferes with public same is hereby withdrawn and Res- the period from April 10, 2012 to May decency, sobriety, peace or good olution No. 1134-11, containing such 9, 2012, publicizing the 3rd Annual order; and objection, be and the same is here- International Walk and Run for Whereas, this objection is based by repealed and that this Council Peace, Justice and Empowerment, on other legal grounds as set forth consents to the immediate renewal inclusive. Said banner shall be in Revised Code Section 4303.292; thereof. approved by the Director of Public and Section 2. That this resolution is Service, in consultation with the Whereas, this resolution consti- hereby declared to be an emergency Director of Public Safety, as to type, tutes an emergency measure provid- measure and provided it receives the method of affixing and location so ing for the immediate preservation affirmative vote of two-thirds of all as not to interfere with any sign of the public peace, prosperity, safe- the members elected to Council, it erected and maintained under the ty and welfare pursuant to Section shall take effect and be in force imme- requirements of law or ordinance. 4303.26 of the Ohio Revised Code. diately upon its adoption and The permission of the owner of any Council’s objection to said permit approval by the Mayor; otherwise, it pole from which a banner will be must be received by the Director of shall take effect and be in force from hung must be obtained prior to Liquor Control within 30 days of and after the earliest period allowed issuance of the permit. No commer- notification; now, therefore, by law. 483 12 The City Record April 11, 2012

Motion to suspend rules, Charter, No. 1248-11, containing such objec- ments of the plan for the benefit of and statutory provisions and place tion, be and the same is hereby students, and urging the Ohio General on final adoption. repealed and that this Council con- Assembly to give the highest priority The rules were suspended. Yeas sents to the immediate renewal to pass legislation needed to imple- 17. Nays 0. Read second time. Read thereof. ment the plan. third time in full. Adopted. Yeas Section 2. That this resolution is Whereas, the Ohio General Assem- 17. Nays 0. hereby declared to be an emergency bly changed the governance struc- measure and provided it receives the ture in Cleveland from an elected to Res. No. 510-12. affirmative vote of two-thirds of all a mayoral appointed board in 1997 By Council Member Reed. the members elected to Council, it by passing House Bill 269, and this An emergency resolution with- shall take effect and be in force imme- decision was overwhelmingly drawing objection to the renewal of a diately upon its adoption and approved by Cleveland voters in C2, C2X and D6 Liquor Permit at 11609 approval by the Mayor; otherwise, it 2002; and Miles Avenue and repealing Resolu- shall take effect and be in force from Whereas, while the Cleveland Met- tion No. 1148-11, objecting to said and after the earliest period allowed ropolitan School District has made renewal. by law.Motion to suspend rules, Char- progress in student outcomes, the Whereas, this Council objected to ter, and statutory provisions and overall quality of education in a C2, C2X and D6 Liquor Permit to place on final adoption. Cleveland schools is unacceptable 11609 Miles Avenue by Resolution Motion to suspend rules, Charter, and the pace of improvement is No. 1148-11 adopted by the Council and statutory provisions and place inadequate — 55 percent of Cleve- on August 17, 2011; and on final adoption. land schools (district and charter) Whereas, this Council wishes to The rules were suspended. Yeas were in academic watch or academ- withdraw its objection to the above 17. Nays 0. Read second time. Read ic emergency in the 2010-11 school renewal and consents to said renew- third time in full. Adopted. Yeas year; and al; and 17. Nays 0. Whereas, for every 100 students Whereas, this resolution consti- entering ninth grade in Cleveland, tutes an emergency measure provid- Res. No. 512-12. 63 will graduate high school, 34 of ing for the usual daily operation of By Council Member Zone. those graduates will enroll in col- a municipal department; now, there- An emergency resolution with- lege, and just seven will graduate fore, drawing objection to the renewal of a with a bachelor’s degree; and Be it resolved by the Council of C1 and C2 Liquor Permit at 6501 Deni- Whereas, the Mayor of the City of the City of Cleveland: son Avenue and repealing Resolution Cleveland has declared his highest Section 1. That objection to a C2, No. 993-11, objecting to said renewal priority the transformation plan to C2X and D6 Liquor Permit to Whereas, this Council objected to reinvent public education in our city Habibi, Inc., DBA Frank’s Marathan, a C1 and C2 Liquor Permit to 6501 with a goal to ensure every child in 11609 Miles Avenue, Cleveland, Ohio Denison Avenue by Resolution No. Cleveland attends a high quality 44105, Permanent Number 3479133 be 993-11 adopted by the Council on school and every neighborhood has and the same is hereby withdrawn July 20, 2011; and a multitude of great schools from and Resolution No. 1148-11, contain- Whereas, this Council wishes to which families can choose; and ing such objection, be and the same withdraw its objection to the above Whereas, to do this, Cleveland is hereby repealed and that this renewal and consents to said renew- must transition from a traditional Council consents to the immediate al; and school district to a new system of renewal thereof. Whereas, this resolution consti- district and charter schools held to Section 2. That this resolution is tutes an emergency measure provid- the highest standards and work in hereby declared to be an emergency ing for the usual daily operation of partnership to create dramatic stu- measure and provided it receives the a municipal department; now, there- dent achievement gains; and affirmative vote of two-thirds of all fore, Whereas, the plan is driven by a the members elected to Council, it Be it resolved by the Council of fierce sense of urgency and sense of shall take effect and be in force imme- the City of Cleveland: hope, as Cleveland has already diately upon its adoption and Section 1. That objection to a C1 started this journey to transforma- approval by the Mayor; otherwise, it and C2 Liquor Permit to Amal Naj- tion with investments in new and shall take effect and be in force from jar, CEO, Hanini 7 Oil, Inc., DBA redesigned schools, partnerships and after the earliest period allowed West 65th Gas USA, 6501 Denison between the district and high-per- by law. Avenue, Cleveland, Ohio 44102, Per- forming charter schools, and invest- Motion to suspend rules, Charter, manent Number 3561080 be and the ments in schools; and and statutory provisions and place same is hereby withdrawn and Res- Whereas, the number of excellent on final adoption. olution No. 993-11, containing such and effective district and charter The rules were suspended. Yeas objection, be and the same is here- schools in Cleveland has grown 17. Nays 0. Read second time. Read by repealed and that this Council from 14 in 2006 to 37 in 2011, and third time in full. Adopted. Yeas consents to the immediate renewal the plan will grow this number of 17. Nays 0. thereof. excellent schools in exchange for Section 2. That this resolution is accountability for performance Res. No. 511-12. hereby declared to be an emergency while creating an environment that By Council Member Zone. measure and provided it receives the empowers and values principals and An emergency resolution with- affirmative vote of two-thirds of all teachers as professionals and makes drawing objection to the renewal of a the members elected to Council, it certain that our students are held to C1 Liquor Permit at 7310 Lorain shall take effect and be in force imme- the highest expectations; and Avenue and repealing Resolution No. diately upon its adoption and Whereas, Cleveland’s plan is 1248-11, objecting to said renewal. approval by the Mayor; otherwise, it based on emerging national models, Whereas, this Council objected to shall take effect and be in force from or portfolio strategy, that imple- a C1 Liquor Permit to 7310 Lorain and after the earliest period allowed ments seven tenets of autonomy and Avenue by Resolution No. 1248-11 by law. accountability, including Citywide adopted by the Council on Septem- Motion to suspend rules, Charter, choices and options for all families, ber 12, 2011; and and statutory provisions and place school autonomy, pupil-based fund- Whereas, this Council wishes to on final adoption. ing, diverse support providers, tal- withdraw its objection to the above The rules were suspended. Yeas ent-seeking strategy, extensive pub- renewal and consents to said renew- 17. Nays 0. Read second time. Read lic engagement, and performance- al; and third time in full. Adopted. Yeas based accountability for all schools; Whereas, this resolution consti- 17. Nays 0. and tutes an emergency measure provid- Whereas, Cleveland’s goal is that ing for the usual daily operation of Res. No. 513-12. at the end of six years, the number a municipal department; now, there- By Council Members Pruitt, Keane, of Cleveland students enrolled in fore, Westbrook, Cimperman, Miller, Con- high-performing district and charter Be it resolved by the Council of well, Mitchell, Kelley, Cleveland, schools will be tripled, and failing the City of Cleveland: Brancatelli, J. Johnson, K. Johnson schools eliminated; and Section 1. That objection to a C1 and Sweeney. Whereas, Mayor Jackson and the Liquor Permit to Dee See, Inc., DBA An emergency resolution support- Cleveland Metropolitan School Dis- West 73rd Shell, 7310 Lorain Avenue, ing Mayor Jackson’s Plan for Trans- trict have identified the following Cleveland, Ohio 44102, Permanent forming the Cleveland Schools, urg- areas where the General Assembly’s Number 2012463 be and the same is ing all stakeholders to continue work- action is necessary to give the Dis- hereby withdrawn and Resolution ing in good faith to resolve all ele- trict the flexibility needed to 484 April 11, 2012 The City Record 13 achieve academic excellence: dis- “Whereas, the Division of Cleve- by Committees on Public Utilities, trict autonomy and flexibility, mod- land Public Power will issue an City Planning Finance. ern employment practices without addendum to the September 2011 The rules were suspended. Yeas eroding the principals of collective Request for Information and quali- 17. Nays 0. Read second time. Read bargaining, District-Charter partner- fications (“RFIQ”) and extend the third time in full. Passed. Yeas 17. ships, charter sector quality, and response deadline to July 31, 2012; Nays 0. targeted financial support for the and plan; and Whereas, an acceptable response Ord. No. 2-12. Whereas, this Council encourages to the RFIQ, as modified, may con- By Council Members Mitchell, engagement of all interested par- tain any proposal for the various Miller, Cleveland and Sweeney (by ties, including the Mayor, Superin- methods to manage municipal solid departmental request). tendent, and Cleveland Teachers waste disposal (e.g. recycling, mate- An emergency ordinance authoriz- Union, and urges them to continue rial recovery, and energy genera- ing the Director of Capital Projects to to work together with open discus- tion) or any component thereof; issue a permit to The Cleveland Clin- sion and urgent intent solely in the ic Foundation to encroach into the interest of the children of the City and.” public right-of-way of East 96th Street of Cleveland; and 2. In existing Section 1, at the end by installing, using, and maintaining Whereas, this Council calls on the of the first paragraph, insert the fol- an areaway/sidewalk elevator and Majority and Minority Delegations lowing new sentence: “Evaluation of the House and Senate to join with of the responses by the Consultant electrical UPS room under the side- the sponsors and act on legislation, shall include a review of all devel- walk. House Bill 506 and Senate Bill 325, opment options for the City’s waste Approved by Directors of Capital needed to implement this plan; and stream after the conclusion of recy- Projects, City Planning Commission, Whereas, this resolution consti- cling activities, including but not Finance, Law; Passage recommended tutes an emergency measure for the limited to sale of pellets to an ener- by Committees on Public Service, City immediate preservation of public gy-providing company.”. Planning, Finance. peace, property, health or safety, 3. Insert new Section 1 to read as The rules were suspended. Yeas now, therefore, follows: 17. Nays 0. Read second time. Read Be it resolved by the Council of “Section 1. That the Director of third time in full. Passed. Yeas 17. the City of Cleveland: Public Utilities shall issue an adden- Nays 0. Section 1. That this Council sup- dum to the September 2011 RFIQ ports Mayor Jackson’s Plan for specifying that an acceptable Ord. No. 70-12. Transforming the Cleveland Schools, response may contain any proposal By Council Members J. Johnson, urges all stakeholders to continue for the various methods to manage Miller, Cleveland and Sweeney (by working in good faith to resolve all municipal solid waste disposal (e.g. departmental request). elements of the plan for the benefit recycling, material recovery, and An emergency ordinance authoriz- of students, and urges the Ohio Gen- energy generation) or any compo- ing the Director of Capital Projects to eral Assembly to give the highest nent thereof.”. issue a permit to Dealer Tire, LLC, to priority to pass legislation needed to 4. Renumber existing Sections 1, 2, encroach into the public right-of-way implement the plan. and 3 to new “Section 2”, “Section 3”, of Perkins Avenue by installing, Section 2. That the Clerk of Council using, and maintaining a Guard is directed to send copies of this reso- and “Section 4”. House addition. lution to the Chief of Government Amendments agreed to. Approved by Directors of Capital Affairs to distribute to members of The rules were suspended. Yeas the Ohio General Assembly. 16. Nays 1. Projects, City Planning Commission, Section 3. That this resolution is Those voting yea: Council Mem- Finance, Law; Passage recommended hereby declared to be an emergency bers Sweeney, Brady, Brancatelli, by Committees on Public Service, City measure and, provided it receives the Cimperman, Cleveland, Conwell, J. Planning, Finance. affirmative vote of two-thirds of all Johnson, K. Johnson, Keane, Kelley, The rules were suspended. Yeas the members elected to Council, it Miller, Mitchell, Polensek, Pruitt, 17. Nays 0. Read second time. Read shall take effect and be in force imme- Westbrook and Zone. third time in full. Passed. Yeas 17. diately upon its adoption and Those voting nay: Council Member Nays 0. approval by the Mayor; otherwise it Cummins. shall take effect and be in force from Absent: Council Member Reed. Ord. No. 71-12. and after the earliest period allowed Not answering roll call: Council By Council Members K. Johnson, by law. member Dow. Mitchell, Miller, Cleveland and Motion to suspend rules, Charter, Read second time. Read third time Sweeney (by departmental request). and statutory provisions and place An emergency ordinance authoriz- on final passage. in full. Passed. Yeas 15. Nays 2. ing the Director of Capital Projects to The rules were suspended. Yeas 17. Those voting yea: Council Mem- issue a permit to Miceli-Lograsso Nays 0. Read second time. Read third bers Sweeney, Brady, Brancatelli, time in full. Adopted. Yeas 15. Nays 2. Cimperman, Cleveland, Conwell, J. Development Company IV LLC, to Those voting yea: Council Members Johnson, K. Johnson, Keane, Kelley, encroach into the public right-of-way Sweeney, Brancatelli, Cimperman, Miller, Mitchell, Pruitt, Westbrook above East 90th Street by installing, Cleveland, Conwell, J. Johnson, K. and Zone. using, and maintaining a pedestrian Johnson, Keane, Kelley, Miller, Those voting nay: Council Mem- bridge and a small pipe trestle that Mitchell, Polensek, Pruitt, Westbrook bers Cummins and Polensek. will carry milk product from their and Zone. Absent: Council Member Reed. new Milk Unloading building to their Those voting nay: Council Members Not answering roll call: Council existing manufacturing facility. Brady and Cummins. member Dow. Approved by Directors of Capital Absent: Council Member Reed. In compliance with Section 33 of Projects, City Planning Commission, Not Answering Roll Call: Council the Charter a copy of the legislation Finance, Law; Passage recommended Member Dow. was furnished to each member of by Committees on Public Service, City Council before final passage. Planning, Finance. SECOND READING EMERGENCY The rules were suspended. Yeas ORDINANCES PASSED Ord. No. 1680-11. 17. Nays 0. Read second time. Read By Council Members Cimperman, third time in full. Passed. Yeas 17. Ord. No. 1574-11. Kelley, Cleveland and Sweeney (by Nays 0. By Council Members Kelley and departmental request). Sweeney (by departmental request). An emergency ordinance determin- Ord. No. 72-12. An emergency ordinance authorizing the method of making the public By Council Member J. Johnson. ing the Director of Public Utilities to employ one or more professional con- improvement of improving the civil, An emergency ordinance designat- sultants to evaluate development mechanical, and electrical systems, ing Fenn Tower (also known as the options for the Cleveland Recycling replacing the HVAC system, and National Town and Country Club) as and Energy Generation Center. repairing the roof at 1825 Lakeside a Cleveland Landmark. Approved by Directors of Public Avenue, and for all related work; and Approved by Directors of City Plan- Utilities, Finance, Law; Passage rec- authorizing the Director of Public ning Commission, Finance, Law; Pas- ommended by Committees on Public Utilities to enter into one or more pub- sage recommended by Committees on Utilities, Finance, when amended, as lic improvement contracts for the City Planning, Finance. follows: making of the improvement. The rules were suspended. Yeas 1. After the first whereas clause, Approved by Directors of Public 17. Nays 0. Read second time. Read insert the following two new whereas Utilities, City Planning Commission, third time in full. Passed. Yeas 17. clauses: Finance, Law; Passage recommended Nays 0. 485 14 The City Record April 11, 2012

Ord. No. 73-12. Ord. No. 114-12. Inc. under the supervision of Trevor By Council Members Keane and By Council Members Cimperman, A. Bixler, Professional Surveyor, No. Sweeney (by departmental request). Miller, Cleveland and Sweeney (by 7730 in June, 2011. An emergency ordinance authoriz- departmental request). Bearings are based on Ohio State ing the Director of Port Control to An emergency ordinance authoriz- Plane, North Zone NAD83 (1995) employ one or more consultants, com- ing the Director of Capital Projects to Grid North.”. puter software developers, system execute deeds of easement granting Amendment agreed to. integrators, and project managers to the Northeast Ohio Regional Sewer The rules were suspended. Yeas necessary to design, develop, and District certain easement rights in 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. implement a converged communica- property located near East 55th Street and the I-90 Cleveland Memorial Nays 0. tions system project for the Cleveland Shoreway in order to facilitate their In compliance with Section 33 of Airport System; and authorizing one East 55th Floatables Project and for the Charter a copy of the legislation or more requirement contracts for access to the project site; and declar- was furnished to each member of hardware, software, computer sup- ing that the easement rights granted Council before final passage. plies, and other necessary supplies, are not needed for public use. equipment, and services to implement Approved by Directors of Capital Ord. No. 117-12. the converged communications sys- Projects, City Planning Commission, By Council Member J. Johnson. tem project for a period of one year Finance, Law; Passage recommended An emergency ordinance designat- with one option to renew for an addi- by Committees on Public Service, City ing the Kate L. and George W. Howe tional one year period, exercisable by Planning, Finance, when amended, as House as a Cleveland Landmark. the Director of Port Control, for the follows: Approved by Directors of City Plan- Department of Port Control. 1. In Section 1, beginning in line 5, ning Commission, Finance, Law; Pas- Approved by Directors of Port Con- strike the existing legal description sage recommended by Committees on trol, Finance, Law; Passage recom- entitled “Upland Easement” and City Planning, Finance. The rules were suspended. Yeas mended by Committees on Aviation insert the following: 17. Nays 0. Read second time. Read and Transportation, Finance, when “Upland Easement City of Cleveland to third time in full. Passed. Yeas 17. amended, as follows: Nays 0. 1. In Section 6, line 2, strike “60 Northeast Ohio Regional Sewer SF 114” and insert “, 60 SF 104, 60 District 0.1251 Acres Ord. No. 138-12. SF 106, 60 SF 114, 60 SF 126, 60 SF By Council Members Keane and 128, 60 SF 141, 60 SF 160,”. Situated in the City of Cleveland, County of Cuyahoga and State of Sweeney (by departmental request). Amendment agreed to. An emergency ordinance authoriz- Ohio, and known as being part of The rules were suspended. Yeas ing the Director of Port Control to Original 10-acre Lot No. 166 and part 17. Nays 0. Read second time. Read exercise the first option to renew Con- of Original 100-acre Lot No. 346. Also tract No. NF 2010-12 with Flight Ser- third time in full. Passed. Yeas 17. being part of the land conveyed to vices & Systems, Inc. for the use and Nays 0. the City of Cleveland as recorded in occupancy of office space in the pas- In compliance with Section 33 of Volume 7653, Page 48, Volume 7653, the Charter a copy of the legislation senger terminal building at Cleve- Page 50, Certificate of Title No. land Hopkins International Air port was furnished to each member of 43902 and Certificate of Title No. Council before final passage. for skycap services. 65762 of the Cuyahoga County Approved by Directors of Port Records and part of East 55th Control, Finance, Law; Passage rec- Ord. No. 74-12. Street, being more definitely ommended by Committees on Avia- By Council Members Cimperman, described as follows. tion and Transportation, Finance. Miller, Cleveland and Sweeney (by Commencing at the intersection of The rules were suspended. Yeas departmental request). the southerly right of way of South 17. Nays 0. Read second time. Read An emergency ordinance authoriz- Marginal Road and the easterly third time in full. Passed. Yeas 17. ing the Director of Public Works to right of way of East 55th Street, Nays 0. execute a deed of easement granting said point also being the south- to the Greater Cleveland Regional westerly corner of land conveyed to Ord. No. 139-12. Transit Authority certain easement the City of Cleveland as recorded in By Council Members Keane and rights on portions of Market Square Volume 7653, Page 48 and Volume Sweeney (by departmental request). Park adjoining both West 25th Street 7653, Page 50 of the Cuyahoga Coun- An emergency ordinance authoriz- and Lorain Avenue and declaring the ty Records; ing the Director of Port Control to Thence, along the westerly line of easement rights not needed for public exercise the first option to renew said land conveyed to the City of use. Contract No. 69924 with the United Cleveland, North 00° 52' 14" West, Approved by Directors of Public Services Organization, Inc. for the 152.36 feet to the True Point of use and occupancy of space in the Works, City Planning Commission, Beginning for the easement herein passenger terminal building at Finance, Law; Passage recommended described; Cleveland Hopkins International by Committees on Public Service, City Thence, leaving the westerly line Airport for a military lounge com- Planning, Finance. of said land conveyed to the City of monly known as the Bob Hope USO The rules were suspended. Yeas Cleveland, South 48° 48' 14" West, Lounge. 17. Nays 0. Read second time. Read 92.19 feet; Approved by Directors of Port third time in full. Passed. Yeas 17. Thence South 50° 32' 39" West, Control, Finance, Law; Passage rec- Nays 0. 109.25 feet; ommended by Committees on Avia- Thence South 43° 16' 48" West, tion and Transportation, Finance. Ord. No. 77-12. 10.42 feet; The rules were suspended. Yeas By Council Members Brancatelli Thence North 46° 43' 12" West, 17. Nays 0. Read second time. Read and Sweeney (by departmental 10.00 feet to the Original 1876 shore- third time in full. Passed. Yeas 17. request). line of Lake Erie as shown on “Sur- Nays 0. An emergency ordinance authoriz- vey of N. & N.W. Lakes” prepared ing the Directors of Community by Major C.B. Comstock, Corps of Ord. No. 140-12. Development and Economic Develop- Engineers, dated 1876; By Council Members Miller and ment to enter into an amendment to Thence, along the Original 1876 Sweeney (by departmental request). Contract No. 57841 with Fries & shoreline of Lake Erie, the follow- An emergency ordinance authorizing three courses; Schuele, Ltd. to change the loan matu- ing the purchase by one or more North 43° 16' 48" East, 11.05 feet; rity date from June 1, 2012 to June 1, requirement contracts for the trans- Thence North 50° 32' 39" East, fer and disposal of tires, for the 2014. 109.73 feet; Division of Waste Collection and Approved by Directors of Commu- Thence North 48° 48' 14" East, Disposal, Department of Public nity Development, Economic Develop- 424.70 feet; Works. ment, Finance, Law; Passage recom- Thence, leaving the Original 1876 Approved by Directors of Public mended by Committees on Communi- shoreline of Lake Erie, South 41° Works, Finance, Law; Passage rec- ty and Economic Development, 11' 46" East, 10.00 feet; ommended by Committees on Public Finance. Thence South 48° 48' 14" West, Service, Finance. The rules were suspended. Yeas 332.66 feet to the point of beginning. The rules were suspended. Yeas 17. Nays 0. Read second time. Read Containing within said bounds 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. 0.1251 acres (5,450 square feet) of third time in full. Passed. Yeas 17. Nays 0. land as surveyed by KS Associates, Nays 0. 486 April 11, 2012 The City Record 15

Ord. No. 144-12. od of one year with two one-year Ord. No. 211-12. By Council Member J. Johnson. options to renew, options exercis- By Council Member Zone. An emergency ordinance desig- able by the Director of Public Util- An emergency ordinance designat- nating the Stager-Beckwith House ities. ing the Johnny Kilbane House as a (University Club) as a Cleveland Approved by Directors of Public Cleveland Landmark. Landmark. Utilities, Finance, Law; Passage rec- Approved by Directors of City Plan- Approved by Directors of City ommended by Committees on Public ning Commission, Finance, Law; Pas- Planning Commission, Finance, Utilities, City Planning, Finance. sage recommended by Committees on Law; Passage recommended by Com- The rules were suspended. Yeas City Planning, Finance. mittees on City Planning, Finance. 17. Nays 0. Read second time. Read The rules were suspended. Yeas The rules were suspended. Yeas third time in full. Passed. Yeas 17. 17. Nays 0. Read second time. Read 17. Nays 0. Read second time. Read Nays 0. third time in full. Passed. Yeas 17. third time in full. Passed. Yeas 17. Nays 0. Nays 0. Ord. No. 204-12. By Council Members K. Johnson Ord. No. 247-12. Ord. No. 170-12. and Sweeney (by departmental By Council Members Cimperman, By Council Members Cimperman, request). Brancatelli and Sweeney (by depart- Miller, Cleveland and Sweeney (by An emergency ordinance authoriz- departmental request). ing the Director of Public Works to mental request). An emergency ordinance authoriz- exercise the first option to renew An emergency ordinance authorizing the Director of Capital Projects Contract No. 69918 with AVI Food ing the Director of Economic Devel- to enter into one or more agree- Systems, Inc. to provide for the oper- opment to enter into a Tax Increment ments with The Board of Park Com- ation of soft drinks, candy, snacks, Financing Agreement with the owner missioners of the Cleveland Metro- and other vending machines of a certain site in the Cleveland busi- politan Park District to complete the throughout various city-owned and ness district of the city to provide for Towpath Trail Stage 1 Interim On- City-leased buildings; and to amend service payments for the purpose of Road Route; and authorizing pay- Contract No. 69918 to change certain developing such site; and to declare ment to the Park Board for the terms of the contract. certain improvements to such site to City’s cost of the improvement. Approved by Directors of Public be a public purpose under Section Approved by Directors of Capital Works, Finance, Law; Passage recom- 5709.41 of the Ohio Revised Code. Projects, City Planning Commission, mended by Committees on Public Approved by Directors of Economic Finance, Law; Passage recommend- Parks, Properties, and Recreation, Development, Finance, Law; Passage ed by Committees on Public Service, Finance. recommended by Committees on Com- City Planning, Finance, when The rules were suspended. Yeas munity and Economic Development, amended, as follows: 17. Nays 0. Read second time. Read Finance, when amended, as follows: 1. In the second whereas clause, third time in full. Passed. Yeas 17. 1. In the title, lines 4 and 5, strike line 1; in Section 1 lines 4 and 5, Nays 0. “the owner of a certain site in the strike “north” in all three places and Cleveland business district of the insert “south”. Ord. No. 206-12. city” and insert “800 Superior, LLC, Amendment agreed to. By Council Members Conwell and a Delaware limited liability compa- The rules were suspended. Yeas Sweeney (by departmental request). ny”. 17. Nays 0. Read second time. Read An emergency ordinance authoriz- 2. In Section 6, line 2, after “TIF third time in full. Passed. Yeas 17. ing the Director of Public Safety to agreement” insert “800 Superior, Nays 0. apply for and accept a grant from the LLC, a Delaware limited liability In compliance with Section 33 of Domestic Violence & Child Advocacy company”. the Charter a copy of the legislation Center for the FY 2011 OVW Educa- Amendments agreed to. was furnished to each member of tion Program. The rules were suspended. Yeas Council before final passage. Approved by Directors of Public Safety, Finance, Law; Passage recom- 17. Nays 0. Read second time. Read Ord. No. 171-12. mended by Committees on Public third time in full. Passed. Yeas 16. By Council Members Miller, Cleve- Safety, Finance. Nays 1. land and Sweeney (by departmen- The rules were suspended. Yeas Those voting yea: Council Mem- tal request). 17. Nays 0. Read second time. Read bers Sweeney, Brady, Brancatelli, An emergency ordinance giving third time in full. Passed. Yeas 17. Cimperman, Cleveland, Conwell, J. consent of the City of Cleveland to Nays 0. Johnson, K. Johnson, Keane, Kelley, the State of Ohio for the public Miller, Mitchell, Polensek, Pruitt, improvement of cleaning out the Ord. No. 207-12. Westbrook and Zone. storm sewers located between south- By Council Members Conwell and Those voting nay: Council Member bound SR 237 and I 480 westbound Sweeney (by departmental request). Cummins. ramp to southbound SR 237 approx- An emergency ordinance authoriz- Absent: Council Members Reed. imately 0.2 miles south of Brook- ing the Director of Public Safety to Not answering roll call: Council park Road in the City of Cleveland; apply for and accept a grant from the Member Dow. authorizing the Director of Capital Ohio Office of Criminal Justice Ser- In compliance with Section 33 of Projects to enter into any relative vices for the 2012 Ohio Drug Law the Charter a copy of the legislation agreements. Enforcement Fund Grant (FY 2011); was furnished to each member of Approved by Directors of Capital and authorizing the Director to enter Council before final passage. Projects, City Planning Commission, into one or more contracts with vari- Finance, Law; Passage recommend- ous agencies or entities to implement Ord. No. 248-12. ed by Committees on Public Service, the grant. By Council Members Kelley and City Planning, Finance. Approved by Directors of Public Sweeney (by departmental request). The rules were suspended. Yeas Safety, Finance, Law; Passage recom- An emergency ordinance authoriz- 17. Nays 0. Read second time. Read mended by Committees on Public ing the purchase by one or more third time in full. Passed. Yeas 17. Safety, Finance. requirement contracts of materials, Nays 0. The rules were suspended. Yeas equipment, supplies, parts, and ser- 17. Nays 0. Read second time. Read vices necessary to test, maintain and Ord. No. 203-12. third time in full. Passed. Yeas 17. repair water pumps, electric motors, By Council Members Kelley and Nays 0. controls, and appurtenances, includ- Sweeney (by departmental request). An emergency ordinance authoriz- Ord. No. 210-12. ing but not limited to inspection, sup- ing the Director of Public Utilities By Council Member Cleveland. plies, repairing, testing, labor, and to employ one or more professional An emergency ordinance designat- installation, if necessary, for the Divi- consultants to procure fire and ing the Murrell-Capers House as a sion of Water, Department of Public extended real and personal property Cleveland Landmark. Utilities, for a period up to two years. insurance, including oil testing and Approved by Directors of City Plan- Approved by Directors of Public other risk management services, for ning Commission, Finance, Law; Pas- Utilities, Finance, Law; Passage rec- the Division of Cleveland Public sage recommended by Committees on ommended by Committees on Public Power’s major facilities, including City Planning, Finance. Utilities, Finance. 1300 Lakeside Avenue and to assist The rules were suspended. Yeas The rules were suspended. Yeas with procurements in 2013 and later, 17. Nays 0. Read second time. Read 17. Nays 0. Read second time. Read for a period of two years with a one- third time in full. Passed. Yeas 17. third time in full. Passed. Yeas 17. year option to renew or for a peri- Nays 0. Nays 0. 487 16 The City Record April 11, 2012

Ord. No. 251-12. Ord. No. 267-12. 1. In the title, in lines 6 and 7, By Council Members Conwell and By Council Members Brancatelli strike “exercisable by the Director Sweeney (by departmental request). and Sweeney (by departmental of Finance.” and insert: “exercisable An emergency ordinance authoriz- request). through additional legislative ing the Director of Public Safety to An emergency ordinance authoriz- authority.”. apply for and accept grants from the ing the Director of Economic Devel- 2. In Section 1, line 4, strike “exer- U.S. Department of Justice, Bureau of opment to enter into a grant agree- cisable by the Director of Finance” Justice Assistance for the FY 2010 ment with The Cuyahoga County and insert “exercisable through and 2011 Bulletproof Vest Program; Community Improvement Corpora- additional legislative authority”. and authorizing the purchase by one tion to provide economic development Amendments agreed to. or more requirement contracts of bul- assistance to partially finance the The rules were suspended. Yeas letproof vests, for the Division of Grow Cuyahoga County Fund Pro- 17. Nays 0. Read second time. Read Police, Department of Public Safety. gram. third time in full. Passed. Yeas 17. Approved by Directors of Economic Approved by Directors of Public Nays 0. Development, Finance, Law; Passage Safety, Finance, Law; Passage recom- In compliance with Section 33 of recommended by Committees on Com- mended by Committees on Public the Charter a copy of the legislation munity and Economic Development, Safety, Finance. was furnished to each member of Finance. The rules were suspended. Yeas Council before final passage. The rules were suspended. Yeas 17. Nays 0. Read second time. Read 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. third time in full. Passed. Yeas 17. Ord. No. 448-12. Nays 0. Nays 0. By Council Member Sweeney (by departmental request). Ord. No. 254-12. Ord. No. 445-12. An emergency ordinance authoriz- By Council Member Sweeney (by By Council Member Sweeney (by ing the purchase by one or more departmental request). departmental request). requirement contracts of industrial An emergency ordinance authoriz- An emergency ordinance authoriz- paper products, for the various divi- ing the purchase by one or more ing the purchase by one or more sions of City government, for a period requirement contracts of labor and requirement contracts of building of two years, with one option to renew materials necessary to inspect, test, materials and used paving bricks, for for an additional year, exercisable by maintain, and repair elevators, for the various divisions of City govern- the Director of Finance. the various divisions of City gov- ment, for the period of one year, with Approved by Directors of Finance, ernment, for a period not to exceed one option to renew exercisable by Law; Passage recommended by Com- five years. the Director of Finance. mittee on Finance, when amended, as Approved by Directors of Finance, Approved by Directors of Finance, follows: Law; Passage recommended by Com- Law; Passage recommended by Com- 1. In the title, in line 7, strike mittee on Finance. mittee on Finance. “exercisable by the Director of The rules were suspended. Yeas The rules were suspended. Yeas Finance.” and insert: “exercisable 17. Nays 0. Read second time. Read 17. Nays 0. Read second time. Read through additional legislative third time in full. Passed. Yeas 17. third time in full. Passed. Yeas 17. authority.”. Nays 0. Nays 0. 2. In Section 1, line 4, strike “exercisable by the Director of Finance” Ord. No. 261-12. Ord. No. 446-12. and insert “exercisable through By Council Members Kelley and By Council Member Sweeney (by additional legislative authority”. Sweeney (by departmental request). departmental request). Amendments agreed to. An emergency ordinance authoriz- An emergency ordinance authoriz- The rules were suspended. Yeas ing the purchase by one or more ing the purchase by one or more 17. Nays 0. Read second time. Read requirement contracts of the pur- requirement contracts of janitorial third time in full. Passed. Yeas 17. chase of various types of machines supplies and equipment, for the vari- Nays 0. and equipment, and labor and materi- ous divisions of City government, for In compliance with Section 33 of als to repair and maintain various a period of two years, with one option the Charter a copy of the legislation types of machines and equipment, for to renew for an additional year, exer- was furnished to each member of the Division of Water, Department of cisable by the Director of Finance. Council before final passage. Public Utilities, for a period of up to Approved by Directors of Finance, two years, with a one-year option to Law; Passage recommended by Com- SECOND READING EMERGENCY renew, exercisable by additional leg- mittee on Finance, when amended, as RESOLUTIONS ADOPTED islative authority. follows: Approved by Directors of Public 1. In the title, strike line 7 in its Res. No. 1719-11. Utilities, Finance, Law; Passage rec- entirety and insert: “exercisable By Council Members Cleveland, ommended by Committees on Public through additional legislative Miller and Sweeney (by request). Utilities, Finance. authority.”. An emergency resolution declaring The rules were suspended. Yeas 2. In Section 1, line 4, strike “exer- the intent to vacate a portion of East 17. Nays 0. Read second time. Read cisable by the Director of Finance” 88th Street and Crane Avenue. third time in full. Passed. Yeas 17. and insert “exercisable through Approved by Directors of Capital Nays 0. additional legislative authority”. Projects, City Planning Commission, Amendments agreed to. Finance, Law; Adoption recommend- Ord. No. 265-12. The rules were suspended. Yeas ed by Committees on Public Service, By Council Members K. Johnson 17. Nays 0. Read second time. Read City Planning, Finance. and Sweeney (by departmental third time in full. Passed. Yeas 17. The rules were suspended. Yeas request). Nays 0. 17. Nays 0. Read second time. Read An emergency ordinance authoriz- In compliance with Section 33 of third time in full. Adopted. Yeas 17. the Charter a copy of the legislation ing the Director of Public Works to Nays 0. was furnished to each member of employ one or more professional con- Council before final passage. sultants to provide armed security Res. No. 7-12. services at various indoor and out- By Council Members Westbrook, Ord. No. 447-12. Miller, Cleveland and Sweeney (by door recreation facilities, including By Council Member Sweeney (by but not limited to, outdoor pools, departmental request). request). recreation centers, and various sur- An emergency ordinance authoriz- An emergency resolution declaring rounding play areas, for a period not ing the purchase by one or more the intent to vacate a portion of Hen- to exceed one year. requirement contracts of electronic ley Avenue S.W. Approved by Directors of Public protection services, for the various Approved by Directors of Capital Works, Finance, Law; Passage recom- divisions of City government, for a Projects, City Planning Commission, mended by Committees on Public period of three years with two one- Finance, Law; Adoption recommend- Parks, Properties, and Recreation, year options to renew, exercisable by ed by Committees on Public Service, Finance. the Director of Finance. City Planning, Finance. The rules were suspended. Yeas Approved by Directors of Finance, The rules were suspended. Yeas 17. Nays 0. Read second time. Read Law; Passage recommended by Com- 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. mittee on Finance, when amended, as third time in full. Adopted. Yeas 17. Nays 0. follows: Nays 0. 488 April 11, 2012 The City Record 17

Res. No. 80-12. BOARD OF CONTROL maintenance and technical support By Council Members Zone, Miller, services for the Computer-Aided Dis- Cleveland and Sweeney (By patch System and Mobile System, for the Divisions of Police, Fire, and Request). April 4, 2012 An emergency resolution declaring EMS, Department of Public Safety; the intent to vacate a portion of West The regular meeting of the Board and 68th Street. of Control convened in the Mayor’s Whereas, division (d) of Section Approved by Directors of Capital office on Wednesday, April 4, 2012 181.102 C.O. authorizes a director to Projects, City Planning Commission, at 10:42 a.m. with Interim Director enter into an agreement with the Finance, Law; Adoption recommend- Langhenry presiding. software vendor for professional ser- ed by Committees on Public Service, Present: Interim Director vices necessary to implement or City Planning, Finance. Langhenry, Directors Dumas, With- maintain the software, including but The rules were suspended. Yeas ers, Smith, Cox, Butler, Acting Direc- not limited to, maintenance, repair, 17. Nays 0. Read second time. Read tor Bounds, Directors Rush, Souther- upgrade, enhancements, and techni- third time in full. Adopted. Yeas 17. ington, Nichols, Fumich and Rybka. cal support; and Nays 0. Absent: Mayor Jackson. Whereas, under the authority of Others: R. Vilkas, Acting Director, Section 181.102 C.O., the City intends Res. No. 145-12. Mayor’s Office of Capital Projects. to enter into an agreement with By Council Members J. Johnson, Natoya Walker-Minor, Interim Intergraph Corporation to obtain the Dow, Miller, Cleveland and Sweeney Director, Office of Equal Opportuni- professional maintenance and tech- (By Request). ty. nical support services necessary to maintain the Computer-Aided Dis- An emergency resolution declar- Jim Hardy, Commissioner, Divi- patch System and Mobile System for ing the intent to vacate a portion of sion of Purchases & Supplies. one year starting January 1, 2012; “Shoreway Commerce Park Avenue” On motions, the following resolu- now, therefore, (formerly Detour Avenue). tions were adopted, except as may Be it resolved by the Board of Approved by Directors of Capital be otherwise noted: Control of the City of Cleveland that Projects, City Planning Commission, under division (e) of Section 181.102 Finance, Law; Adoption recommend- Resolution No. 130-12. By Director Flask. C.O., the compensation to be paid for ed by Committees on Public Service, maintenance and technical support City Planning, Finance. Whereas, under the authority of Ordinance No. 919-07, passed by the services to be performed under the The rules were suspended. Yeas agreement with Intergraph Corpora- 17. Nays 0. Read second time. Read Cleveland City Council on July 11, 2007, the City of Cleveland, through tion is fixed at an amount not to third time in full. Adopted. Yeas 17. exceed $311,774.40. Nays 0. the Director of Public Safety, entered into an agreement with Yeas: Interim Director Langhenry, ZOLL Data Systems, Inc., for a peri- Directors Dumas, Withers, Smith, LAID ON THE TABLE od of one year, for maintenance and Cox, Butler, Acting Director Bounds, technical support services for the Directors Rush, Southerington, Ord. No. 205-12. electronic patient care reporting and Nichols, Fumich and Rybka. By Council Members Conwell and billing system software, for the Nays: None. Sweeney (by departmental request). Division of Emergency Medical Ser- Absent: Mayor Jackson. An emergency ordinance authoriz- vice, Department of Public Safety; ing the Director of Public Safety to and Resolution No. 132-12. apply for and accept a grant from the Whereas, division (d) of Section By Director Cox. ASPCA for the ASPCA Partnership 181.102 C.O. authorizes a director to Whereas, under the authority of Grant Program. enter into an agreement with a soft- Ordinance 1454-10, passed by the Without objection, Ordinance No. ware vendor for professional ser- Council of the City of Cleveland on 205-12 was relieved of further consid- vices necessary to implement or February 7, 2011, the City through eration of all committees and laid on maintain the software, including but the Director of Public Works the table pursuant to the Rules of not limited to, maintenance, repair, entered into Contract No. PS2011-226 Council. upgrades, enhancements, and tech- with City Architecture, Inc. and The rules were suspended. Yeas 17. nical support; and approved various sub-consultants to Nays 0. Ordinance No. 205-12. Laid on Whereas, under the authority of obtain professional services supple- the Table. Section 181.102 C.O., the City intends menting the City’s regularly MOTION to enter into an agreement with employed staff necessary to restore ZOLL Data Systems, Inc., to obtain and reconstruct League Park; and By Council Member Polensek, sec- the professional maintenance and Whereas, City Architecture has onded by Council Member K. John- technical support services necessary informed the City, that Ralph Tyler son and unanimously carried that to maintain the electronic patient Companies (CSB/MBE) no longer the absence of Council Member care reporting and billing system has the ability to provide structural Zachary Reed, be and is hereby for one year starting January 1, engineering; and authorized. 2012; now, therefore, Whereas, City Architecture, Inc., Be it resolved by the Board of by its memo dated February 27, MOTION Control of the City of Cleveland that 2012, has requested to employ I. A. under division (e) of Section 181.102 Lewin Associates, Inc. (CSB) as a The Council Meeting adjourned at C.O., the compensation to be paid for sub-consultant under Contract No. 8:30 p.m. to meet on Monday, April maintenance and technical support PS2011 -226 to complete the structur- 16, 2012 at 7:00 p.m. in the Council services to be performed under the al engineering portion of the ser- Chambers. agreement with ZOLL Data Systems, vices to have been performed by Inc. is fixed at an amount not to Ralph Tyler Companies (CSB/MBE) exceed $50,208.00. under the contract; and Yeas: Interim Director Langhenry, Whereas, City Architecture, Inc. Directors Dumas, Withers, Smith, has requested and the Director of Cox, Butler, Acting Director Bounds, the Mayor’s Office of Equal Oppor- Directors Rush, Southerington, tunity has approved, under Section Nichols, Fumich and Rybka. 187.13 of the Codified Ordinances, Nays: None. the substitution of I. A. Lewin & Absent: Mayor Jackson. Associates, Inc. (CSB) for Ralph Tyler Companies (CSB/MBE) as a Resolution No. 131-12. sub consultant to City Architecture, By Director Flask. Inc. for structural engineering ser- Patricia J. Britt Whereas under the authority of vices; now, therefore, City Clerk, Clerk of Council Ordinance No. 1606-07, passed by the Be it resolved by the Board of Cleveland City Council on October Control of the City of Cleveland that THE CALENDAR 15, 2007, the City of Cleveland, the employment of I. A. Lewin & through the Director of Public Safe- Associates, Inc. (CSB) as a sub-con- ty, entered into an agreement with sultant by City Architecture, Inc. The following measures will be on Intergraph Corporation, City Con- under Contract No. PS2011-226 is their final passage at the next meet- tract No. 67549, for a period of one approved. ing: year with two options to renew for Yeas: Interim Director Langhenry, NONE an additional one-year period, for Directors Dumas, Withers, Smith, 489 18 The City Record April 11, 2012

Cox, Butler, Acting Director Bounds, Yeas: Interim Director Langhenry, Community Development and when Directors Rush, Southerington, Directors Dumas, Withers, Smith, certain specified conditions have Nichols, Fumich and Rybka. Cox, Butler, Acting Director Bounds, been met, to sell Land Reutilization Nays: None. Directors Rush, Southerington, Program parcels; and Absent: Mayor Jackson. Nichols, Fumich and Rybka. Whereas, Karen Agee has pro- Nays: None. posed to the City to purchase and Resolution No. 133-12. Absent: Mayor Jackson. develop the parcel for Yard Expan- By Director Rush. sion; and Whereas, Board of Control Reso- Resolution No. 135-12. Whereas, the following conditions lution No. 530-11, adopted November By Director Rush. exist: 2, 2011, authorized the sale and Whereas, under Ordinance No. 1. The member of Council from development of Permanent Parcel 2076-76 passed October 25, 1976, the Ward 4 has neither disapproved nor No. 125-26-053 to Broadway Christian City is conducting a Land Reuti- requested a hold on the proposed Church for green space, as part of lization Program (“Program”) sale in the 45 or more days passed the City Land Reutilization Program according to the provisions of Chap- since receiving notification of it; established under Ordinance No. ter 5722 of the Ohio Revised Code; 2. The proposed purchaser of the 2076-76 passed by the Cleveland City and parcel is neither tax delinquent nor Council on October 25, 1976; and Whereas, under the Program, the in violation of the Building and Whereas, Resolution No. 530-11 City has acquired Permanent Parcel Housing Code; now, therefore, incorrectly stated the address of the No. 005-24-002 located at 9728 Lorain Be it resolved by the Board of parcel to be sold as, “5284 Engle Avenue in Ward 6; and Control of the City of Cleveland that Road”; now, therefore, Whereas, Section 183.021 of the under Section 183.021 of Codified Be it resolved by the Board of Codified Ordinances of Cleveland, Ordinances of Cleveland, Ohio 1976, Control of the City of Cleveland that Ohio 1976 authorizes the Commis- the Commissioner of Purchases and Resolution No. 530-11, adopted by sioner of Purchases and Supplies, Supplies is authorized, when direct- this Board November 2, 2011, autho- when directed by the Director of ed by the Director of Community rizing the sale and development of Community Development and when Development, and the Mayor is Permanent Parcel No. 125-26-053 to certain specified conditions have requested to execute an Official Broadway Christian Church for been met, to sell Land Reutilization Deed for and on behalf of the City green space, is amended by substi- Program parcels; and of Cleveland, with Karen Agee for tuting “5924 Engel Ave.” for “5284 Whereas, Joseph Coreno has pro- the sale and development of Perma- Engle Road”, where appearing in posed to the City to purchase and nent Parcel No. 137-05-005 located at the resolution. develop the parcel for Parking; and 13318 Union Avenue, according to Be it further resolved that all Whereas, the following conditions the Land Reutilization Program in other provisions of Resolution No. exist: such manner as best carries out the 530-11 not expressly amended above 1. The member of Council from intent of the program. shall remain unchanged and in full Ward 16 has consented to the pro- Be it further resolved that the con- force and effect. posed sale; sideration for said parcel shall be Yeas: Interim Director Langhenry, 2. The proposed purchaser of the $450.00 which amount is determined Directors Dumas, Withers, Smith, parcel is neither tax delinquent nor to be not less than the Fair Market Cox, Butler, Acting Director Bounds, in violation of the Building and value of said parcel for uses accord- Directors Rush, Southerington, Housing Code; now, therefore, ing to the Program. Nichols, Fumich and Rybka. Be it resolved by the Board of Yeas: Interim Director Langhenry, Nays: None. Control of the City of Cleveland that Directors Dumas, Withers, Smith, Absent: Mayor Jackson. under Section 183.021 of Codified Cox, Butler, Acting Director Bounds, Ordinances of Cleveland, Ohio 1976, Directors Rush, Southerington, Resolution No. 134-12. the Commissioner of Purchases and Nichols, Fumich and Rybka. By Director Rush. Supplies is authorized, when direct- Nays: None. Whereas, under the authority of ed by the Director of Community Absent: Mayor Jackson. Ordinance No. 2076-76 passed October Development, and the Mayor is 25, 1976, the City is conducting a requested to execute an Official Resolution No. 137-12. Land Reutilization Program accord- Deed for and on behalf of the City By Director Nichols. ing to the provisions of Chapter 5722 of Cleveland, with Joseph Coreno Whereas, Board of Control Reso- of the Ohio Revised Code; and for the sale and development of Per- lution No. 44-11, adopted February 2, Whereas, City has acquired Per- manent Parcel No. 005-24-002 located 2011, authorized the Director of Eco- manent Parcel No. 003-35-050, located at 9728 Lorain Avenue, according to nomic Development to enter into at 3620 Lorain Ave. under the Land the Land Reutilization Program in contract with City Architecture to Reutilization Program; and such manner as best carries out the perform professional services neces- Whereas, Ordinance No. 1647-11 intent of the program. sary to implement the Cleveland passed March 26, 2012, authorized Be it further resolved that the con- Opportunity Corridor Brownfields the sale of the parcel for a consid- sideration for said parcel shall be Areawide Planning Pilot Program eration established by the Board of $420.00, which amount is determined and consented to the employment of Control at not less than the Fair to be not less than the Fair Market Ariel Ventures, LLC (CSB) and Market Value; and value of said parcel for uses accord- WANIX Architects (CSB) as sub-con- Whereas, John W. Sweeney or J. ing to the Program. sultants, among others; and S. & Associates, LLC has proposed Yeas: Interim Director Langhenry, Whereas, City Architecture has to the City to purchase and develop Directors Dumas, Withers, Smith, requested the City’s consent to the parcel for a parking lot; now, Cox, Butler, Acting Director Bounds, remove Ariel Ventures, LLC (CSB) therefore, Directors Rush, Southerington, and to increase the participation of Be it resolved by the Board of Nichols, Fumich and Rybka. WANIX Architects (CSB) by the dol- Control of the City of Cleveland that Nays: None. lar amount previously attributed to under the authority of Ordinance No. Absent: Mayor Jackson. Ariel Ventures, LLC; now, therefore, 1647-11 passed March 26, 2012, by the Be it resolved by the Board of Cleveland City Council, the Mayor is Resolution No. 136-12. Control of the City of Cleveland that authorized to execute an official By Director Rush. Resolution No. 44-11, adopted by this deed for and on behalf of the City Whereas, under Ordinance No. Board February 2, 2011, authorizing of Cleveland with John W. Sweeney 2076-76 passed October 25, 1976, the the Director of Economic Develop- or J. S. & Associates, LLC for the City is conducting a Land Reuti- ment to enter into contract with City sale and development of Permanent lization Program (“Program”) Architecture to perform professional Parcel No. 003-35-050, as described in according to the provisions of Chap- services necessary to implement the the Ordinance according to the Land ter 5722 of the Ohio Revised Code; Cleveland Opportunity Corridor Reutilization Program in such man- and Brownfields Areawide Planning ner as best carries out the intent of Whereas, under the Program, the Pilot Program, and approving Ariel the program. City has acquired Permanent Parcel Ventures, LLC (CSB) and WANIX Be it further resolved that the con- No. 137-05-005 located at 13318 Union Architects (CSB), as sub-consul- sideration for the parcel shall be Avenue in Ward 4; and tants, among others, is amended by $2,800.00, which amount is deter- Whereas, Section 183.021 of the deleting all reference to “Ariel Ven- mined to be not less than the fair Codified Ordinances of Cleveland, tures, LLC,” and increasing the sub- market value of the parcel for uses Ohio 1976 authorizes the Commis- consulting amount and percentage according to the Land Reutilization sioner of Purchases and Supplies, for WANIX Architects (CSB) as fol- Program. when directed by the Director of lows: 490 April 11, 2012 The City Record 19

WANIX ARCHITECTS (CSB) Relmec (CSB/FBE) $116,600.00 ence, as regulated I a One-Family $2,600 (1.5%) — $8,050 (4.7%) 2.004% District (Section 337.02(f)(3)(A)), the use of premises for public or pri- Be it further resolved that all Suburban Maintenance vate school and accessory uses other provisions of Resolution No. (CSB) $813,673.00 requires review and approval of the 44-11 not expressly amended above 13.987% Board of Zoning Appeals and must shall remain unchanged and in full be located at least 30 feet from any force and effect. Staging Concepts (other) $247,000.00 adjoining premises in a residence Yeas: Interim Director Langhenry, 4.246% district; and the proposed addition to Directors Dumas, Withers, Smith, an existing nonconforming building Cox, Butler, Acting Director Bounds, Daniel Son, Inc. (other) $380,000.00 and uses requires the Board of Zon- Directors Rush, Southerington, 6.533% ing Appeals approval in accordance Nichols, Fumich and Rybka. with Section 359.01(a) of the Cleve- Nays: None. Be it further resolved that all land Codified Ordinances. Absent: Mayor Jackson. other provisions of Resolution No. 77-12 not expressly amended above Calendar No. 12-57: 4178 West 59th Resolution No. 138-12. shall remain unchanged and in full Street (Ward 13) By Director Cox. force and effect. Sharon Clemons, owner, appeals to Whereas, Resolution No. 77-12, Yeas: Interim Director Langhenry, erect 124 lineal feet of 4 feet high adopted by this Board on February Directors Dumas, Withers, Smith, chain link fence in the front yard 22, 2012, under the authority of Ordi- Cox, Butler, Acting Director Bounds, area of a 40' x 140' parcel located nance No. 9-12, passed February 6, Directors Rush, Southerington, in an A1 One-Family District; con- 2012 by the Cleveland City Council, trary to the Fence Regulations in authorized the Director of Public Nichols, Fumich and Rybka. Works to enter into a contract with Nays: None. Section 358.04(c)(1) and the provi- Platform Cement, Inc., as the lowest Absent: Mayor Jackson. sion for ornamental fences only in responsible bidder for the public the front yard area in residential improvement of Cleveland Browns JEFFREY B. MARKS, districts, unless otherwise approved Stadium 2012 Capital Improvements, Secretary by the Board of Zoning Appeals. Base Bid Items A, B, and C and Calendar No. 12-60: 2619 Vestry Optional Items #1 and #10, in the CIVIL SERVICE NOTICES aggregate amount of $5,817,000.00 Avenue (Ward 3) and approved various subcontrac- ______Cleveland Bricks LLC, owner, tors; and appeals to erect a 20' x 24' one- General Information Whereas, Platform Cement, Inc. story frame garage on a 40' x Application blanks and informa- has requested the City’s consent to 100.12' lot in a B1 Two-Family Dis- tion, regarding minimum entrance substitute and add certain firms as trict; providing a gross floor area of qualifications, scope of examination, subcontractors and to modify the 2,928 square feet contrary to the lim- and suggested reference materials participation of certain approved itation of 2,002.4 square feet and a may be obtained at the office of the subcontractors for the project; and rear yard depth of 5 feet is provid- Civil Service Commission, Room 119, Whereas, the Director of the ed where 20 feet is required in City Hall, East 6th Street, and Lake- Office of Equal Opportunity has accordance with Section 357.08 of side Avenue. determined that Platform Cement, the Cleveland Codified Ordinances. Inc. has made a good-faith effort to Application blanks must be prop- maintain and fulfill its bid commit- Secretary ment to MBE/FBE/CSB subcontrac- erly filled out on the official form tor participation in the substitution, prescribed by the Civil Service Com- addition and modification of submission and filed at the office of the REPORT OF THE BOARD contractors for the project; now, commission not later than the final therefore, closing date slated in the examina- OF ZONING APPEALS Be it resolved by the Board of tion announcement. Control of the City of Cleveland that MONDAY, APRIL 9, 2012 the approval of the employment of EXAMINATION RESULTS: Each various subcontractors to Platform applicant whether passing or failing Cement, Inc. in Resolution No. 77-12, At the meeting of the Board of will be notified of the results of the Zoning Appeals on Monday, April 9, adopted February 22, 2012, is amend- examination as soon as the commis - ed by deleting “Grunwell Cashero 2012, the following appeals were sion has graded the papers. There- heard by the Board. (other)” and “Frank Novak & Sons after, eligible lists will be estab- (CSB/FBE)” as subcontractors and lished which will consist of the revising the participation amounts The following appeals were names of those candidates who have APPROVED: attributed to certain approved sub- been successful in all parts of the contractors to the following: examination. Calendar No. 12-41: 5377 Stanard Avenue SUBCONTRACTORS AMOUNT PHYSICAL EXAMINATION: All PERCENTAGE Goodrich-Gannett Neighborhood candidates for original entrance po- Center, owner, and SAW, Inc., sitions who are successful in other Boss Electrostatic (other) $937,322.00 Prospective lessee, appealed to con- parts of the examinations must sub- 16.113% struct a greenhouse on multiple mit to a physical examination. parcels in a B1 Two-Family District. Caver Brothers (CSB/MBE) ROBERT BENNETT, $707,790.00 Calendar No. 12-42: 19603 Nottingham President 12.167% Road Angela Cavotta appealed to install B&B Wrecking (CSB) $340,500.00 SCHEDULE OF THE BOARD 75 linear feet of 6-foot high decora- 5.854% tive fence in the actual front yard OF ZONING APPEALS of property n a Semi-Industry Dis- Be it further resolved that the trict. employment of the following additional subcontractors by Platform MONDAY, APRIL 23, 2012 Calendar No. 12-45: 2621 West 25th Cement, Inc. for the above-men- Street tioned public improvement is 9:30 A.M. L.J. Minor appealed to establish a approved: parking lot on acreage located Calendar No.12-51: 5320 Stanard between Barber Avenue and Potter SUBCONTRACTORS AMOUNT Avenue (Ward 8) Court in a C1 Multi-Family District. PERCENTAGE Cuyahoga County Board of Devel- opmental Disabilities (CCBDD), Calendar No. 12-46: 4705 West 157th KBJ, Inc. (CSB/MBE) $72,210.00 owner, and Solutions at Work Street 1.241% (S.A.W., Inc.) appeal for an addition Cuyahoga County Land Reutiliza- to an existing school located on an tion Corporation appealed to erect a Dependable Painting acreage parcel in a B1 Two-Family 20' x 20' one-story frame, gable (CSB/FBE) $522,500.00 District; subject to the limitations garage on a lot in an A1 One-Fam- 8.982% under Section 337.03 and by refer- ily District. 491 20 The City Record April 11, 2012

Calendar No. 12-47: 1450 West 48th NOTICE OF WEDNESDAY, APRIL 25, 2012 Street PUBLIC MEETING OF THE Scott Francis appealed to erect a File No. 41-12 — Large Capacity second story, frame bedroom addi- CITY OF CLEVELAND Trucks, for the Division of tion above a single family dwelling Streets, Department of Public in a B1 Two-Family District. RECORDS COMMISSION Works, as authorized by Ordi- nance No. 1504-10, passed by the The following appeals were Notice is hereby given in accor- DENIED: dance with Chapter 149 of the Ohio Council of the City of Cleveland, Revised Code and Chapter 167 of the December 6, 2010. Calendar No. 12-35: Violation Notice Codified Ordinances of the City of THERE WILL BE A NON-MANDA- 3730 West 36th Street Cleveland, that the Cleveland City TORY PRE-BID MEETING FRI- Nicholas Dionisopoulos appealed Records Commission will hold a pub- DAY, APRIL 13, 2012 AT 10:00 from a Notice of Violation issued by lic meeting on Tuesday, April 24, A.M. LOCATED AT THE CLEVE- the Cleveland Building and Housing 2012 at 10:00 A.M. in Room 106 of LAND CITY HALL, DIVISION OF Department. City Hall, 601 Lakeside Avenue, STREETS, ROOM 25, 601 LAKE- Cleveland, Ohio for the purpose of SIDE AVENUE, CLEVELAND, Calendar No. 12-21: 368 Eddy Road OHIO 44114. Michael Payton appealed to sell considering records retention and Christmas trees and install a sign disposal requests. on a trailer and on a fence to adver- April 4, 2012 and April 11, 2012 tise sales, and a snowplowing and landscaping business in a Multi- April 11, 2012 and April 18, 2012 WEDNESDAY, MAY 2, 2012 Family District.

The following appeals were NOTICE OF PUBLIC HEARING File No. 42-12 — Industrial Paper WITHDRAWN: Products, for the various Divi- sions of City Government, Depart- None. ment of Public Works as autho- NONE rized by Section 181.101 of the The following appeals were DIS- Codified Ordinances of Cleveland, MISSED: Ohio, 1976. CITY OF CLEVELAND BIDS THERE WILL BE A NON-MANDA- None. TORY PRE-BID MEETING WEDNESDAY, APRIL 25, 2012 The following appeals were POST- PONED: For All Departments AT 10:00 A.M. CLEVELAND CITY HALL, DIVISION OF PURCHAS- ES AND SUPPLIES, ROOM 128, None. Sealed bids will be received at the 601 LAKESIDE AVENUE, office of the Commissioner of Pur- The following appeals heard by CLEVELAND, OHIO 44114. chases and Supplies, Room 128, City the Board on April 2, 2012 were adopted and approved on April 9, Hall, in accordance with the append- 2012. ed schedule, and will be opened and April 11, 2012 and April 18, 2012 read in Room 128, City Hall, imme- The following appeals were diately thereafter. THURSDAY, MAY 3, 2012 APPROVED: Each bid must be made in accordance with the specifications and File No. 39-12 — 2012 Summer Food Calendar No. 12-48: 1901 Ford Drive must be submitted on the blanks Program (Breakfasts & Lunches), Case Western Reserve University, for the Division of Recreation, owner, and Glidden House Associ- supplied for the purpose, all of Department of Public Works and ates Limited Partnership, lessee, which may be obtained at the office as authorized by Ordinance pend- appealed to install a temporary tent of the said Commissioner of Pur- for 180 days in a D1 University chases and Supplies, but no bid will ing. THERE WILL BE A MANDATORY Retail District. be considered unless delivered to PRE-BID MEETING MONDAY, the office of the said commissioner Calendar No. 12-50: 5801 Detroit APRIL 23, 2012 AT 11:00 A.M. previous to 12:00 noon (Eastern Avenue THE CLEVELAND CITY HALL, Standard Time) on the date speci- Don Schuerger, owner, and 58 ROOM 8, 601 LAKESIDE Group LLC, tenant, appealed to fied in the schedule. AVENUE, CLEVELAND, OHIO establish use as a mixed use build- 187.10 Negotiated contracts; Notice 44114. ing for a bar with live entertain- required in Advertisement for Bids. THE CITY OF CLEVELAND WILL ment on the first floor and basement Where invitations for bids are NOT CONSIDER THE BID OF and three apartments on the second advertised, the following notice ANYONE WHO DOES NOT AT - floor in a C2 Local Retail Business shall be included in the advertise- District. TEND A MANDATORY PRE-BID ment: “Pursuant to the MBE/FBE CONFERENCE. The following appeal heard by the Code, each prime bidder, each minor- Board on March 19, 2012 was adopt- ity business enterprise (“MBE”) and File No. 40-12 — Food, Food Prod- ed and approved on April 9, 2012. each female business enterprise ucts, Beverages, Condiments and (“FBE”) must be certified before Paper Products at Camp Forbes, The following appeal was doing business with the City. There- for the Division of Recreation, APPROVED: fore, any prime contractor wishing Department of Public Works and to receive credit for using an MBE as authorized by Ordinance pend- Calendar No. 12-4: 3395 East 93rd or FBE should ensure that applica- ing passed. Street THERE WILL BE A MANDATORY Darrell Wilborn appealed to tions for certification as to MBE or expand and renovate a motor vehi- FBE status compliance with the PRE-BID MEETING MONDAY, cle repair garage in a C1 Local Code, affirmative action in employ- APRIL 23, 2012 AT 11:45 A.M. Retail Business District. ment and, if applicable, joint ven- THE CLEVELAND CITY HALL, ture status, are submitted to the Of- ROOM 8, 601 LAKESIDE Secretary fice of Equal Opportunity (“OEO”) AVENUE, CLEVELAND, OHIO prior to the date of bid opening or 44114. THE CITY OF CLEVELAND WILL submission of proposals or as speci - REPORT OF THE BOARD NOT CONSIDER THE BID OF fied by the Director. Failure to com- OF BUILDING STANDARDS ANYONE WHO DOES NOT AT - ply with the business enterprise TEND A MANDATORY PRE-BID AND BUILDING APPEALS code or with representations made CONFERENCE. on these forms may result in cancellation of the contract or other NO MEETING civil or criminal penalties.” April 11, 2012 and April 18, 2012 492 April 11, 2012 The City Record 21

ADOPTED RESOLUTIONS someone recovering from a stroke or resolution to the Most Reverend Bish- AND ORDINANCES compromised by cerebral palsy. op Richard Lennon. You’ve experienced autistic-like Section 3. That this resolution is symptoms if you’ve ever awakened hereby declared to be an emergency Res. No. 459-12. in the middle of the night to the measure and, provided it receives the By Council Members Brady, Cim- realization that your arm is “asleep” affirmative vote of two-thirds of all perman, Polensek and J. Johnson. and your brain cannot will your the members elected to Council, it An emergency resolution declaring deadened limb to budge. What if the shall take effect and be in force imme- the month of April “Autism Aware- same nighttime paralysis arbitrarily diately upon its adoption and ness Month” and supporting STEPS shifted to any of your body parts or approval by the Mayor; otherwise, it Center for Excellence in Autism and lodged in your voice box and pre- shall take effect and be in force from their Art Show in the rotunda of cluded you from talking? People and after the earliest period allowed Cleveland City Hall. with autism describe a similar chal- by law. Whereas, the fifth annual World lenge to assimilate with a physical Adopted April 2, 2012. Autism Awareness Day, April 2, body that feels like cement, causing Effective May 2, 2012. 2012, will kick-off the month of speech and motor limitations.” April as Autism Awareness Month; Whereas, this resolution consti- and tutes an emergency measure for the Whereas, more than 50 students immediate preservation of public Res. No. 462-12. from the STEPS Center for Excel- peace, property, health or safety, By Council Member Cleveland. lence in Autism will showcase their now, therefore, An emergency resolution with- artistic endeavors at a special art Be it resolved by the Council of drawing objection to the transfer of exhibition in the rotunda of Cleve- the City of Cleveland: liquor license of a C1, C2 and D6 land City Hall on World Autism Section 1. That this Council here- Liquor Permit at 7500 Euclid Avenue Day, April 2, 2012; and by declares the month of April and repealing Resolution No. 148-12, Whereas, following the art exhi- “Autism Awareness Month” and sup- objecting to said transfer. bition from 4:30 to 6:30, the student ports STEPS Center for Excellence Whereas, this Council objected to artists will be recognized during the in Autism and their Art Show in the the transfer of liquor license of a 7:00 Cleveland City Council meeting; rotunda of Cleveland City Hall. C1, C2 and D6 Liquor Permit to Aldi, and Section 2. That the Clerk of Council Inc., Ohio, DBA Aldi #66, 7500 Whereas, the STEPS student art- is hereby directed to transmit a copy Euclid Avenue, Cleveland, Ohio work will remain on display in of this resolution to STEPS Center for 44103, Permanent No. 01007780326, by Cleveland City Hall’s rotunda dur- Excellence in Autism. Resolution No. 148-12 adopted by the ing the month of April; and Section 3. That this resolution is Council on February 6, 2012; and Whereas, Cleveland landmarks, hereby declared to be an emergency Whereas, this Council wishes to the Terminal Tower, the Rock and measure and, provided it receives the withdraw its objection to the above Roll Hall of Fame and Museum, and affirmative vote of two-thirds of all transfer and consents to said trans- the Browns Stadium, will light up in the members elected to Council, it fer; and blue in honor of World Autism Day shall take effect and be in force imme- Whereas, this resolution consti- beginning at midnight on April 2nd; diately upon its adoption and tutes an emergency measure provid- and approval by the Mayor; otherwise it ing for the usual daily operation of Whereas, other notable structures shall take effect and be in force from a municipal department; now, there- and sites around the globe will be and after the earliest period allowed fore, lit including Niagara Falls, the Syd- by law. Be it resolved by the Council of ney Opera House, Madison Square Adopted April 2, 2012. the City of Cleveland: Garden, the Hungarian Parliament Effective April 9, 2012. Section 1. That objection to a C1, Building and the Christ the C2 and D6 Liquor Permit to Aldi, Redeemer Statue in Brazil; and Inc., Ohio, DBA Aldi #66, 7500 Whereas, diagnoses of autism and Euclid Avenue, Cleveland, Ohio other pervasive developmental dis- Res. No. 461-12. 44103, Permanent No. 01007780326, be orders are increasing exponentially By Council Members Polensek, and the same is hereby withdrawn on a global scale; and Keane, Cummins, Brancatelli, Dow, and Resolution No. 148-12, contain- Whereas, the Center for Disease Pruitt, Miller, J. Johnson, Brady, Kel- ing such objection, be and the same Control reported recently that ley, Cleveland and Conwell. is hereby repealed and that this approximately 1 out of every 88 chil- An emergency resolution urging Council consents to the immediate dren are diagnosed with Autism Bishop Lennon to follow the Vatican transfer thereof. Spectrum Disorder; and ruling and immediately reopen the 13 Section 2. That this resolution is Whereas, there are several educa- area churches as decreed to be wrong- hereby declared to be an emergency tional programs available, such as ly closed. measure and provided it receives the Applied Behavior Analysis, Applied Whereas, on March 14, 2012, the affirmative vote of two-thirds of all Verbal Analysis, Occupational Ther- Vatican reversed Bishop Lennon’s the members elected to Council, it apy, and Social Skills Therapy; and closing of 13 churches closed in a shall take effect and be in force imme- Whereas, the arts offer avenues of downsizing between 2009 and 2010; diately upon its adoption and communication not otherwise afford- and approval by the Mayor; otherwise, it ed to people on the autism spectrum; Whereas, the Vatican decree stat- shall take effect and be in force from and ed that the Bishop had not followed and after the earliest period allowed Whereas, STEPS Center for Excel- canon law and procedures when he by law. lence in Autism employs interests- closed these churches; and Adopted April 2, 2012. based educational opportunities, Whereas, regardless of the 60 Effective April 9, 2012. incorporating the arts into everyday days the Bishop has to appeal the education; and Vatican ruling, he has been direct- Whereas, William Stillman, ed by the Vatican to reopen the 13 Autism Spectrum Self-Advocate, shuttered churches; and Res. No. 463-12. Author, and Consultant describes Whereas, the Bishop should act By Council Member Cummins. autism in his book, From the Autism decisively and adhere to the Vatican An emergency resolution with- Answer Book (Sourcebooks, 2007) as decrees and reopen the churches in drawing objection to the transfer of follows: “Autism is a unique way of time for Easter worship; and ownership of a D5 Liquor Permit at being and a natural variation on the Whereas, this resolution consti- 3194 West 25th Street, 1st floor and human experience. Those with tutes an emergency measure for the basement and repealing Resolution autism are often inherently gentle immediate preservation of public No. 1530-11, objecting to said transfer. and exquisitely sensitive. They may peace, property, health, or safety, Whereas, this Council objected to perceive the world through a multi- now, therefore, the transfer of ownership of a D5 faceted, multi-sensory prism more Be it resolved by the Council of Liquor Permit to 3194 Tavern, LLC, interesting and complicated than the City of Cleveland: DBA Stumble Inn, 3194 West 25th those considered typical. Physiolog- Section 1. That this Council urges Street, 1st floor and basement, ically, autism is a common neuro- Bishop Lennon to follow the Vatican Cleveland, Ohio 44109, Permanent logical miscommunication between ruling and immediately reopen the No. 8917129 by Resolution No. 1530- brain and body that results in vocal 13 area churches as decreed to be 11 adopted by the Council on Octo- and physical blips, misfires, and dis- wrongly closed. ber 24, 2011; and connects. This does NOT affect one’s Section 2. That the Clerk of Council Whereas, this Council wishes to intelligence any more than it does is directed to transmit copies of this withdraw its objection to the above 493 22 The City Record April 11, 2012 transfer and consents to said trans- Whereas, Council has been noti- Whereas, this resolution consti- fer; and fied by the Department of Liquor tutes an emergency measure provid- Whereas, this resolution consti- Control of an application for a New ing for the immediate preservation tutes an emergency measure provid- C1 Liquor Permit at Moran Foods, of the public peace, prosperity, safe- ing for the usual daily operation of Inc., DBA Save A Lot, #655, Unit JJ, ty and welfare pursuant to Section a municipal department; now, there- 18235 Euclid Avenue, Cleveland, 4303.26 of the Ohio Revised Code. fore, Ohio 44112, Permanent Number Council’s objection to said permit Be it resolved by the Council of 61433910245; and must be received by the Director of the City of Cleveland: Whereas, the granting of this Liquor Control within 30 days of Section 1. That objection to the application for a liquor permit to notification; now, therefore, transfer of ownership of a D5 Liquor this high crime area, which is Be it resolved by the Council of Permit to 3194 Tavern, LLC, DBA already saturated with other liquor the City of Cleveland: Stumble Inn, 3194 West 25th Street, outlets, is contrary to the best inter- Section 1. That Council does here- 1st floor and basement, Cleveland, ests of the entire community; and by record its objection to a New C1 Ohio 44109, Permanent No. 8917129, Whereas, the applicant does not Liquor Permit at Moran Foods, Inc., be and the same is hereby with- qualify to be a permit holder and/or DBA Save A Lot, #655, Unit JJ, drawn and Resolution No. 1530-11, has demonstrated that he has oper- 18235 Euclid Avenue, Cleveland, containing such objection, be and ated his liquor business in disregard Ohio 44112, Permanent Number the same is hereby repealed and of the laws, regulations or local 61433910245, and requests the Direc- ordinances of this state or any other tor of Liquor Control to set a hear- that this Council consents to the state; and ing for said application in accor- immediate transfer thereof. Whereas, the place for which the dance with provisions of Section Section 2. That this resolution is permit is sought has not conformed 4303.26 of the Revised Code of Ohio. hereby declared to be an emergency to the building, safety or health Section 2. That the Clerk of Council measure and provided it receives the requirements of the governing body be and she is hereby directed to trans- affirmative vote of two-thirds of all of this County or City; and mit two certified copies of this resolu- the members elected to Council, it Whereas, the place for which the tion, together with two copies of a let- shall take effect and be in force imme- permit is sought is so arranged or ter of objection and two copies of a diately upon its adoption and constructed that law enforcement letter requesting that the hearing be approval by the Mayor; otherwise, it officers or agents of the Department held in Cleveland, Cuyahoga County. shall take effect and be in force from of Liquor Control are prevented rea- Section 3. That this resolution is and after the earliest period allowed sonable access to the establishment; hereby declared to be an emergency by law. and measure and, provided it receives the Adopted April 2, 2012. Whereas, the place for which the affirmative vote of two-thirds of all Effective April 9, 2012. permit is sought is so located with the members elected to Council, it respect to the neighborhood that it shall take effect and be in force imme- substantially interferes with public diately upon its adoption and decency, sobriety, peace or good approval by the Mayor; otherwise, it Res. No. 464-12. order; and shall take effect and be in force from By Council Member Miller. Whereas, this objection is based and after the earliest period allowed An emergency resolution objecting on other legal grounds as set forth by law. to a New C1 Liquor Permit at 18235 in Revised Code Section 4303.292; Adopted April 2, 2012. Euclid Avenue. and Effective April 9, 2012.

Ord. No. 540-11. By Council Member Dow. An ordinance to change the Use, Area and Height District of land on the north and south sides of Superior Avenue between E. 48 Street and E. 74 Street to Multi-Family Residential, a ‘C’ Area District, and a ‘1’ Height District (Map Change No. 2360, Sheet No. 4 ). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area and Height Districts of lands bounded and described as follows: Beginning in the centerline of Superior Avenue with its intersection with the southerly prolongation of the centerline of East 58th Street; Thence northerly along said centerline to its intersection with the westerly prolongation of the centerline of Pohar Court; Thence northeasterly along said centerline of Pohar Court and along its easterly prolongation to its intersection with the centerline of East 59th Street; Thence southerly along said centerline of East 59th Street to its intersection with the westerly prolongation of the southerly line of Sublot No. 10 in the Marianna B. Sterling Subdivision shown on the recorded plat in Volume 4, Page 10 of Cuyahoga County Map Records; Thence northeasterly along said westerly prolongation of said southerly line and along its easterly prolongation to its intersection with the centerline of East 60th Street; Thence northerly along said centerline of East 60th Street to its intersection with the northwesterly prolongation of the southerly line of Sublot No. 6 in the S. S. Lyon & Harry Hunt Subdivision shown on the recorded plat in Volume 4, Page 42 of Cuyahoga County Map Records; Thence southeasterly along said northwesterly prolongation and said southerly line and continuing along its southeasterly prolongation to its intersection with the westerly line of the N. Helbig Subdivision shown on the recorded plat in Volume 10, Page 30 of Cuyahoga County Map Records; Thence southwesterly along said westerly line to its intersection with the northerly line of Sublot No. 20 in the aforementioned N. Helbig Subdivision; Thence southeasterly along said northerly line of Sublot No. 20 and along its easterly prolongation to its intersection with the centerline of East 61st Street; Thence southerly along said centerline of East 61st Street to its intersection with the westerly prolongation of the northerly line of Sublot No. 14 in the John & Anna E. Schott Lots 20 & 53 Resubdvision as shown on the recorded plat in Volume 24, Page 18 of Cuyahoga County Map Records; Thence northeasterly along said westerly prolongation of said northerly line and continuing along its northeasterly line to its intersection with the southerly line of Sublot No.6 in the aforementioned John & Anna E. Schott Resubdivision; Thence northeasterly along said northerly line and along its easterly prolongation to its intersection with the centerline of Norwood Road; Thence southerly along said centerline of Norwood Road to its intersection with the westerly prolongation of the southerly line of Sublot No. 4 in the Beckenbaugh Subdivision not recorded; Thence northeasterly along said westerly prolongation of said southerly line to its intersection with the westerly line of Sublot No. 15 in aforementioned Beckenbaugh Subdivision; 494 April 11, 2012 The City Record 23

Thence northerly along said westerly line to its intersection with the southerly line of Sublot Number 13 in the aforementioned Beckenbaugh Subdivision; Thence easterly along said southerly line and along its easterly prolongation to its intersection with the easterly line of Sublot Number 14 in the aforementioned Beckenbaugh Subdivision; Thence northerly along said easterly line and along its northerly p rolongation to its intersection with the centerline of Edna Avenue; Thence easterly along said centerline of Edna Avenue to its intersection with the northerly prolongation of the centerline of East 67th Street ; Thence southerly along said prolongation of the centerline of East 67th Street to its intersection with the westerly prolongation of the centerline of Bayliss Avenue; Thence northeasterly along said prolongation and said centerline of Bayliss Avenue and continuing along its northeasterly prolongation to its intersection with the centerline of Addison Road; Thence southeasterly along said centerline of Addison Road to its intersection with the southwesterly prolongation of the northerly line of Sublot No. 26 in the E. W. Andrews 2nd Subdivision shown on the recorded plat in Volume 5,1 Page 15 of Cuyahoga County Map Records; Thence northeasterly along said southwesterly prolongation of said northerly line to its intersection with the easterly line thereof; Thence southerly along said easterly line to its intersection with the northerly line of Sublot No. 33 in the aforementioned E. W. Andrews 2nd Subdivision; Thence easterly along said northerly line and along its easterly prolongation to its intersection with the centerline of East 71st Street; Thence southerly along said centerline of East 71st Street to its intersection with the westerly prolongation of the centerline of Myron Avenue; Thence easterly along said westerly prolongation of said centerline of Myron Avenue to its intersection with the centerline of East 74th Street; Thence southerly along said centerline of East 74th Street and along its southerly prolongation to its intersection with the centerline of Superior Avenue; Thence westerly along said centerline of Superior Avenue to its intersection with the northerly prolongation of the westerly line of Sublot No. 24 in the Geo. Sell Subdivision shown on the recorded plat in Volume 14, Page 26; Thence southerly along said northerly prolongation of said westerly l ine of Sublot No. 24 to its intersection with the southerly line thereof; Thence westerly along said southerly line and along its westerly prolongation to its intersection with the centerline of Addison Road; Thence southeasterly along said centerline of Addison Road to its intersection with the centerline of Wade Park Avenue; Thence southwesterly along said centerline of Wade Park Avenue to it s intersection with the centerline of Giddings Road; Thence northwesterly along said centerline of Giddings Road to its intersection with the easterly prolongation of the northerly line of a parcel of land conveyed to Douglas Campbell Jr. by deed dated July 17, 2006 and recorded in Auditor’s File Number 200607170884; Thence westerly along said easterly prolongation of said northerly line to its interse ction with the easterly line of Sublot No. 12 in the Henry Keller Subdivision shown on the recorded plat in Volume 20, Page 18 of Cuyahoga County Map Records; Thence northerly along said easterly line to its intersection with the northerly line thereof; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the centerline of Russell Road; Thence northerly along s aid centerline of Russell Road to its intersection with the easterly prolongation of the southerly line of Sublot No. 34 in the M & M Halle Subdivision shown on the recorded plat in Volume 13, Page 24 of Cuya- hoga County Map Records; Thence westerly along said easterly prolongation of said southerly line to its intersection with the northerly prolongation of the easterly line of Sublot No. 30 i n the aforementioned M & M Halle Subdivision; Thence southerly along said northerly prolongation of said easterly line to its intersection with the northerly line thereof; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the centerline of East 68th Street; Thence northerly along said centerline of East 68th Street to its intersection with the eas terly p rolongation of the northerly line of Sublot No. 4 in the aforementioned M & M Halle Subdivision; Thence westerly along said easterly prolongation of said northerly line to its intersection with the northerly line of a parcel of land conveyed to Christina Ermidis by deed dated January 20, 2005 and recorded in Auditor’s File Number 200501200489; Thence northwesterly along said northerly line and along i ts westerly prolongation to its intersection with the centerline of East 66th Street; Thence northerly along said centerline of East 66th Street to its intersection with the easterly prolongation of the northerly line of Sublot No. 3 in the Anna B. Emrich Subdivision shown on the recorded plat in Volume 445, Page 335 of Cuyahoga County Map Records; Thence westerly along said easterly prolongation a nd said northerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line to its intersection with the northerly line of Sublot No. 91 in Cuyahoga Coun- ty Map Records; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the centerline of East 65th Street; Thence southerly along said centerline of East 65ht S treet to its intersection with the easterly prolongation of the southerly line of the Marianne B. Sterling Subdivision shown on the recorded plat in Volume 4, Page 60 of Cuyahoga County Map Records; Thence westerly along said prolongation of said southerly line to its intersection with the westerly line of Sublot No. 5 in the aforementioned Marianne B. Sterling Subdivision; 495 24 The City Record April 11, 2012

Thence northwesterly along said westerly line and along its northerly prolongation to its intersection with the centerline of Superior Avenue; Thence southwesterly along said centerline of Superior Avenue to its intersection with the southerly prolongation of the centerline of East 58th Street and the principal place of beginning. and as shaded on the attached map is changed to a Multi-Family Residential District, a ‘C’ Area District and a ‘1’ Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2360, Sheet No. 4 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed April 2, 2012. Effective May 2, 2012.

Ord. No. 541-11. By Council Member Dow. An ordinance to change the Use, Area and Height District of land on the north and south sides of Superior Avenue between E. 71st Street and E. 77th Street to Local Retail Business, a ‘C’ Area District, and a ‘1’ Height District (Map Change No. 2361, Sheet No. 4 ). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area and Height Districts of lands bounded and described as follows: Beginning in the centerline of Superior Avenue at its intersection with the southerly prolongation of the centerline of East 74th Street; Thence northerly along said southerly prolongation of said centerline of East 74th Street to its intersection with the westerly prolongation of the northerly line of Sublot No. 1 in the W.J. Crawford Subdivision shown on the recorded plat in Volume 21, Page 29; Thence easterly along said westerly prolongation of said northerly line and continuing along its easterly prolongation to its intersection with the westerly line of Sublot No. 3 in the aforementioned W.J. Crawford Subdivision; Thence northerly along said westerly line to its intersection with the northerly line thereof; Thence easterly along said northerly line and along its easterly prolongation to its intersection with the westerly line of Sublot No. 5 in the aforementioned W.J. Crawford Subdivision; Thence southerly along said westerly line and along its southerly prolongation to its intersection with the centerline of Superior Avenue; Thence easterly along said centerline of Superior Avenue to its intersection with the northerly prolongation of the cen-

496 April 11, 2012 The City Record 25 terline of E. 76 Place; Thence southerly along said northerly prolongation and said centerline and continuing along its southerly prolongation to its intersection with the northerly line of Sublot No. 6 in the James Decker Subdivision shown on the recorded plat in Volume 7, Page 26 of Cuyahoga County Map Records; Thence westerly along said northerly line and along its westerly prolongation to its in tersection with the westerly line of Sublot No. 9 in the aforementioned James Decker Subdivision; Thence northerly along said westerly line and along its northerly prolongation to its intersection with the southerly line of Sublot No. 11 in the Morganstern Est. Not Recorded, said southerly line also being known as the northerly line of Cuyahoga County’s Permanent Parcel Number 106-04-016; Thence westerly along said southerly line and along its westerly prolongation to its intersection with a westerly line of Sublot No. 21 in the aforementioned Morganstern Est. subdivision not recorded, said parcel also being known as Cuya- hoga County’s Permanent Parcel Number 106-04-018; Thence southerly along said westerly line to its intersection with the northerly line of Sublot No. 20 in the aforementioned Morganstern Est. subdivision, said line also being known as the northerly line of Cuyahoga County’s Permanent Parcel Number 106-04-110; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the westerly line of Sublot No. 23 in the aforementioned Morganstern Est. subdivision, said parcel being known as Cuyahoga Coun- ty’s Permanent Parcel Number 106-04-0 23; Thence southerly along said westerly line and along its southerly prolongation to its intersection with the centerline of Star Avenue; Thence westerly along said centerline of Star Avenue to its intersection with the southerly prolongation of the westerly line of Sublot No. 14 in the GEO. Sell subdivision shown on the recorded plat in Volume 14, Page 26 of Cuyahoga County Map Records; Thence northerly along said southerly prolongation and said westerly line to its intersection with the southerly line of Sublot No. 25 in the aforementioned GEO. Sell subdivision; Thence westerly along said southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line and along its northerly prolongation to its intersection with the centerline of Superior Avenue; Thence northeasterly along said centerline of Superior Avenue to its intersection with the southerly prolongation of the centerline of East 74th Street and the principal place of beginning. and as shaded on the attached map is changed to a Local Retail Business District, a ‘C’ Area District and a ‘1’ Height Dis- trict. Section 2. That the changed designation of lands described in Section 1 shall be ident ified as Map Change No. 2361, Sheet No. 4 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period a llowed by law.

Passed April 2, 2012. Effective May 2, 2012. 497 26 The City Record April 11, 2012

Ord. No. 542-11. By Council Member Dow. An ordinance to change the Use, Area and Height District of land on the north and south sides of Superior Avenue between E. 79th Street and E. 91st Street to Multi-Family Residential, a ‘C’ Area District, and a ‘1’ Height District (Map Change No. 2359, Sheet No. 4 ). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area and Height Districts of lands bounded and described as follows: Beginning in the centerline of East 79th Street at its intersection with the centerline of Superior Avenue; Thence northerly along said centerline of East 79th Street to its intersection with the westerly prolongation of the southerly line of Sublot Number 46 in the J. H Hardy Subdivision shown on the recorded plat in Volume 5, Page 31 of Cuyahoga County Map Records; Thence northeasterly along said southerly line and along its easterly prolongation to its intersection with the centerline of E. 79th Place; Thence southerly along said centerline of E. 79th Place to its intersection with the westerly prolongation of the southerly line of Sublot Number 4 in the Bergholz & Binder Subdivision shown on the recorded plat in Volume 8, Page 5; Thence easterly along said southerly line and along its easterly prolongation to its intersection with the centerline of East 80th Street; Thence northerly along said centerline of East 80th Street to its intersection with the westerly prolongation of the southerly line of Sublot Number 47 in the L. Breckenridge Subdivision shown on the recorded plat in Volume 5, Page 54 of Cuyahoga County Map Records; Thence northeasterly along said westerly prolongation to its intersection with the northerly prolongation of the westerly line of Sublot Number 26 in the aforementioned L. Breckenridge Subdivision; Thence southerly along said northerly prolongation of said westerly line and along its southerly prolongation to its intersection with the southerly line of Sublot Number 27 in the aforementioned L. Breckenridge Subdivision; Thence easterly along said southerly line and along its easterly prolongation to its intersection with the centerline of East 81st Street; Thence northerly along said centerline of East 81st Street to its intersection with the westerly prolongation of the northerly line of Sublot Number 29 in the Superior St. Subdivision shown on the recorded plat in Volume 26, Page 10 of Cuyahoga County Map Records; Thence easterly along said westerly prolongation of said northerly line and along its easterly prolongation to its intersection with the centerline of East 82nd Street; Thence northerly along said centerline of East 82nd Street to its intersection with the westerly prolongation of the southerly line of Sublot Number 86 in the aforementioned Superior St. Subdivision; Thence easterly along said southerly line and along its easterly prolongation to its intersection with the centerline of East 83rd Street; Thence northerly along said centerline of East 83rd Street to its intersection with the westerly prolongation of the northerly line of Sublot Number 140 in the aforementioned Superior St. Subdivision; Thence easterly along said westerly prolongation and said northerly line to its intersection with the easterly line of Sublot Number 141 in the aforementioned Superior St. Subdivision; Thence southerly along said easterly line to its intersection with the northerly line of a parcel of land conveyed to John Jackson by deed dated June 5, 2007 and recorded in Auditor’s File Number 200706050634 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 107-09-040; Thence easterly along said northerly line and along its easterly prolongation to its intersection with the centerline of East 84th Street; Thence northerly along said centerline of East 84th Street to its intersection with the westerly prolongation of the southerly line of Sublot Number 45 in the A. Poelking subdivision shown on the recorded plat in Volume 23, Page 11 of Cuyahoga County Map Records; Thence easterly along said westerly prolongation of said southerly line to its intersection with the easterly line of the aforementioned A. Poelking subdivision; Thence northerly along said easterly line to its intersection with the southerly line of Sublot Number 3 in the Cleve- land Land Co. subdivision Not Recorded, said line also being known as the northerly line of Cuyahoga County’s Perma- nent Parcel Number 107-09-036; Thence easterly along said southerly line and along its easterly prolongation to its intersection with the centerline of East 85th Street; Thence southerly along said centerline of East 85th Street and along its southerly prolongation to its intersection with the centerline of Superior Avenue; Thence northeasterly along said centerline of Superior Avenue to its intersection with the southerly prolongation of the westerly line of the Geo. M. Gloyd subdivision shown on the recorded plat in Volume 25, Page 6 in Cuyahoga County Map Records; Thence northerly along said southerly prolongation of said westerly to its intersection with the northerly line of Sublot Number 4 in the aforementioned Geo. M. Gloyd subdivision; Thence easterly along said northerly line of Sublot Number 4 and along its easterly prolongation to its intersection with the centerline of E. 87th Street; Thence northerly along said centerline of E. 87th Street to its intersection with the westerly prolongation of the southerly line of Sublot Number 51 in the aforementioned Geo. M. Gloyd subdivision; Thence easterly along said southerly line to its intersection with the westerly line of the L. Breckenridge subdivision shown on the recorded plat in Volume 5, Page 64 of Cuyahoga County Map Records; Thence northerly along said westerly line to its intersection with the southerly line of the Mercy J. Phillips subdivision shown on the recorded plat in Volume 26, Page 23 of Cuyahoga County Map Records; 498 April 11, 2012 The City Record 27

Thence easterly along said southerly line of said Mercy J. Phillips subdivision to its intersection with the northerly line of the easterly line of the aforementioned L. Breckenridge subdivision; Thence southerly along said easterly line to its intersection with the northerly line of Sublot Number 1 in the New Park subdivision shown on the recorded plat in Volume 24, Page 26 of Cuyahoga County Map Re cords; Thence easterly along said northerly line and along its easterly prolongation to its intersection with the centerline of E. 90th Street; Thence southerly along said centerline and along its southerly prolongation to its intersection with the centerline of Superior Avenue; Thence northeasterly along said centerline of Superior Avenue to its intersection with the northerly prolongation of the centerline of E. 91st Street; Thence southerly along said northerly prolongation said centerline to its intersection with the easterly prolongation of the southerly line of Sublot Number 4 in the Wade Park & Superior subdivision shown on the recorded plat in Volume 21, Page 5 of Cuyahoga County Map Records; Thence westerly along said easterly prolongation of said southerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line and along its southerly line to its intersection with the northerly line of Sublot Number 79 in the aforementioned Wade Park & Superior Subdivision; Thence westerly along said northerly line of Sublot Number 79 and along its westerly prolongation to its intersection with the centerline of E. 90th Street; Thence northerly along said centerline of E. 90th Street to its intersection with the centerline of Beloit Ct.; Thence westerly along said centerline of Beloit Ct. to its intersection with the centerline of E. 89th Street; Thence southerly along said E. 89th Street to its intersection with the easterly prolongation of the northerly line of a parcel of land conveyed to Gloria Montgomery by deed dated October 20, 1987 and shown in Au ditor’s File Number V87768580010, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 107-14-115; Thence westerly along said easterly prolongation of said northerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line and along its southerly prolongation to its intersection with the northerly line of Sublot Number 33 in the W.H. Vant ine Jr. Trustee subdivision shown on the recorded plat in Volume 19, Page 29 of Cuyahoga County Map Records; Thence westerly along said northerly line of Sublot Number 33 and continuing along its westerly prolongation to its intersection with the centerline of E. 88th Street; Thence northerly along said centerline of E. 88th Street to its intersection with the easterly prolongation of the northerly line of Sublot Number 2 in the W. H. Vantine Jr. Subdivision shown on the recorded plat in Volume 19, Page 29 in Cuyahoga County Map Records; Thence southwesterly along said easterly prolongation of said northerly line and along its westerly line to its intersection with the centerline of E. 86th Street; Thence northerly along said centerline of E. 86th Street to its intersection with the centerline of Superior Avenue; Thence southwesterly along said centerline of Superior Avenue to its intersection with the northerly prolongation of the centerline of E. 85th Street; Thence southerly along said northerly prolongation and said centerline to its intersection with the easterly prolongation of the northerly line of Sublot Number 100 in the J.H. Wade Subdivision shown on the recorded plat in Volume 27 , Page 17; Thence westerly along said easterly prolongation to its intersection with the westerly line thereof; Thence southerly along said westerly line to its intersection with the northerly line of Sublot Number 95 in the aforementioned J. H. Wade Subdivision; Thence westerly along northerly line and along its westerly prolongation to its intersection with the centerline of E. 84th Street; Thence no rtherly a long said centerline of E. 84th Street to its intersection with the easterly prolongation of the northerly line of Sublot Number 64 in the aforementioned J.H. Wade Subdivision; Thence westerly along said easterly prolongation and said northerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line and to its intersection with the northerly line of Sublot Number 58 in the aforementioned J. H. Wade Subdivision; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the centerline of E. 82nd Street; Thence northerly along said centerline of E. 82nd Street to its intersection with the easterly prolongation of the northerly line of Sublot Number 32 in the aforementioned J.H. Wade Subdivision; Thence west erly a long said easterly prolongation and said northerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line and along its northerly prolongation to its intersection with the centerline of Superior Avenue; Thence southwesterly along said centerline of Superior Avenue to its intersection with the centerline of E. 79th Street and the principal place of begin ning. and as shaded on the attached map is changed to a Multi-Family Residential District, a ‘C’ Area District and a ‘1’ Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2359, Sheet No. 4 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 499 28 The City Record April 11, 2012

Passed April 2, 2012. Effective May 2, 2012.

Ord. No. 604-11. By Council Member Dow. An ordinance to change the Use and Area Districts of land located on the north and south sides of Hough Avenue between E. 81st Street and E. 93rd Street to Multi-Family Residential District and a ‘C’ Area District (Map Change No. 2363, Sheet Numbers 4 & 5). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use and Area Districts of lands bounded and described as follows: Beginning in the centerline of E. 81st Street at its intersection with the centerline of Hough Avenue; Thence easterly along said centerline of Hough Avenue to its intersection with the southerly prolongation of the easterly line of Sublot Number 5 in the C. F. Pedrick Subdivision shown on the recorded plat in Volume 5, Page 19 of Cuya- hoga County Map Records; Thence northerly along said southerly prolongation of said easterly line to its intersection with the westerly prolongation of the northerly line of Sublot Number 7 in the aforementioned C.F. Pedrick Subdivision; 500 April 11, 2012 The City Record 29

Thence easterly along said westerly prolongation of said northerly line and along its easterly prolongation to its intersection with the centerline of E. 84th Street; Thence southerly along said centerline of E. 84th Street and along its southerly prolongation to its intersection with the centerline of Hough Avenue; Thence easterly and northeasterly along said centerline of Hough Avenue to its intersection w ith the northerly prolongation of the easterly line of Sublot Number 23 in the Holden & Adams Re-Allotment shown on the recorded plat in Volume 26, Page 24 of Cuyahoga County Map Records; Thence southeasterly along said northerly prolongation and said easterly line to its intersection with the southerly line thereof; Thence southwesterly along said southerly line and along its westerly prolongation t o its intersection with the centerline of E. 90th Street; Thence northerly along said centerline of E. 90th Street to its intersection with the easterly prolongation of the southerly line of Sublot Number 4 in the aforementioned Holden & Adams Re-Allotment; Thence southwesterly along said easterly prolongation of said southerly line to its intersection with the easterly line of Sublot Number 2 in the aforementioned Holden & Adams Re-Allotment; Thence southeasterly along said easterly line to its intersection with the southerly line thereof; Thence southwesterly along said southerly line and along its southwesterly prolongation to its intersection with the westerly line of Sublot Number 1 in the aforementioned Holden & Adams Re-Allotment; Thence northerly along said westerly line to its intersection w ith the easterly prolongation of the southerly line of a parcel of land conveyed to the City of Cleveland by deed dated February 22, 1985 and recorded in Auditor’s File Number V85507390029, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 119-09-015; Thence southwesterly along said easterly prolongation of said southerly line and continuing along its southwesterly prolongation to its intersection with the centerline of E. 89th Street; Thence northwesterly along said centerline of E. 89th Street to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed to Faizah Suleiman by deed dated September 27, 2002 and recorded in Audi- tor’s File Number 200209271272, said parcel also being known as Cuyahoga County’s Permanent Parcel N umber 119-05- 024; Thence southwesterly along said easterly prolongation and said southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line to its intersection with the southerly line of a parcel of land conveyed to Equal L., Willa G., Marlow Jr. and David Smith by deed dated June 6, 2007 and recorded in Auditor’s File Number 200706060328, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 119-05-012; Thence southwesterly along said southerly line and along its southwesterly prolongation to its intersection with the centerline of E. 88th Place; Thence southerly along said centerline of E. 88th Place to its intersection with the northeasterly prolongation of the southerly line of a parcel of land conveyed to Bogdan Krashchenko by deed dated January 10, 2006 and recorded in Audi- tor’s File Number 200601100517; said parcel also being known as Cuyahoga County’s Permanent Parcel Number 119-05- 023; Thence southwesterly along said northeasterly prolongation and said southerly line and continuing along its southwesterly prolongation to its intersection with the easterly line of a parcel of land conveyed to the City of Cleveland b y deed dated August 30, 2005 and recorded in Auditor’s File Number 200508300316; said parcel also being known as Cuya- hoga County’s Permanent Parcel Number 119-05-066; Thence northwesterly along said easterly line to its intersection with the northerly line thereof; Thence southwesterly along said northerly line and along its southwesterly prolongation to its intersection with the centerline of E. 87th Street; Thence southerly along said centerline of E. 87th Street to its intersection with the easterly prolongation of the southerly line of Sublot Number 16 in the Heisel & Steward Subdivision shown on the recorded plat in Volume 13, Page 20 of Cuyahoga County Map Records; Thence westerly along said easterly prolongation and said southerly line to its intersection with the southerly line of a parcel of land conveyed to the City of Cleveland by deed dated September 27, 1995 and recorded in Auditor’s File Num- ber V95082070056; said parcel also being known as Cuyahoga County’s Permanent Parcel Number 119-05-109; Thence westerly along said southerly line and along its westerly prolongation to its intersection with the centerline of E. 86th Street; Thence northerly and westerly along said centerline o f E. 86th Street and along its westerly prolongation to its intersection with the centerline of Crawford Road; Thence southerly along said centerline of Crawford Road to its intersection with the easterly prolongation of the centerline of Brookline Avenue; Thence westerly along said centerline of Brookline Avenue and along its westerly prolongation to its intersection with the centerline of E. 82nd Street; Thence northerly along said centerline of E. 82nd Street to its intersection with the easterly prolongation of the southerly line of J. H. Thorp & L.S. Holden Subdivision shown on the recorded plat in Volume 7, Page 33 of Cuyahoga County Map Records; Thence westerly along said easterly prolongation of said southerly line and along its westerly prolongation to its intersection with the centerline of E. 81st Street; Thence northerly along said centerline of E. 81st Street and along its northerly prolongation to its intersection with the centerline of Hough Avenue and the principal place of beginning. and as shaded on the attached map is changed to a Multi-Family Residential District, a ‘C’ Area District. Section 2. That the changed designation of lands described in Section 1 shall b e identified as Map Change No. 2363, Sheet No. 4 & 5 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 501 30 The City Record April 11, 2012

Passed April 2, 2012. Effective May 2, 2012.

Ord. No. 1688-11. By Council Member Cimperman. An ordinance to change the Use and Area Districts of lands located on the northeast side of Professor Street north of Starkweather Avenue from Two Family Residential and a ‘B’ Area District to a Local Retail Business District and a ‘C’ Area District (Map Change No. 2384, Sheet Number 5). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use and Area Districts of lands bounded and described as follows: Beginning in the centerline of Starkweather Avenue at its intersection with the southeasterly prolongation of the centerline of Professor Street; Thence northwesterly along said prolongation and said centerline of Professor Street to its intersection with the southwesterly prolongation of the southeasterly line of a parcel of land conveyed to Graig A. Morek by deed dated Jan- uary 31, 1991 and recorded in Auditor’s File Number V91105270057; said parcel also being known as Cuyahoga County’s Permanent Parcel Number 004-17-104; Thence northeasterly along said southwesterly prolongation and said southeasterly line to its intersection with the northeasterly line of a parcel of land conveyed to ODEA LTD., by deed dated January 27, 1997 and recorded in Auditor’s File Number V97006820055; said parcel also being know as Cuyahoga County’s Permanent Parcel Number 004-17-103; Thence southeasterly along said northeasterly line to its intersection with the southeasterly line thereof; Thence southwesterly along said southeasterly line and along its southwesterly prolongation to its intersection with the centerline of Professor Street; Thence southeasterly along said centerline of Professor Street and along its southeasterly prolongation to its intersection with the centerline of Starkweather Avenue and the principal place of beginning; and shown shaded on the attached map is changed to a Local Retail Business District and a ‘C’ Area District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2384, Sheet No. 5 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 502 April 11, 2012 The City Record 31

Passed April 2, 2012. Effective May 2, 2012.

Ord. No. 268-12. include the purposes described in this Charter and the Codified Ordinances By Council Member Sweeney (by ordinance, the Director of Finance is of Cleveland, Ohio, 1976, for the departmental request). authorized to amend City Contract No. requirements of the necessary items An emergency ordinance authoriz- 63975 with Kronos to provide addi- of hardware, software, computer sup- ing the Director of Finance to enter tional software and services under plies, and other necessary supplies, into an amendment to Contract No. the contract. The contract amend- equipment, and services necessary to 63976 with Kronos for a citywide time ment shall include, but not be limited implement the contract amendment and attendance system to add addi- to, upgrading and expanding the cur- described above, for a term to be tional terms to the contract, including rent Kronos Workforce Solutions tool, determined by the Director of additional equipment, licenses, soft- migrating to an hosted environment Finance, to be purchased by the Com- ware maintenance, and hosting, for a on Kronos servers, providing a sched- missioner of Purchases and Supplies one year period, with four one-year uling module for the Department of on a unit basis for the various divi- options to renew, exercisable by the Public Safety, purchasing additional sions of City government. Bids shall Director of Finance; and authorizing timekeepers and licenses, and soft- be taken in a manner that permits an one or more requirement contracts for ware maintenance and hosting for a award to be made for all items as a hardware, software, computer sup- one year period, with four one-year single contract, or by separate con- plies, and other necessary supplies, options to renew, exercisable by the tract for each or any combination of equipment, and services necessary to Director of Finance. The compensa- the items as the Board of Control implement the contract amendment, tion to be paid for the services shall determines. Alternate bids for a peri- and maintenance, for the Department be in accordance with File No. 268-12- od less than the specified term may be of Finance. A, or on such other terms as are not taken if desired by the Commissioner Whereas, this ordinance constitutes disadvantageous to the City, as of Purchases and Supplies until provi- an emergency measure providing for approved by the Board of Control. sion is made for the requirements for the usual daily operation of a munici- Section 2. That, provided this Coun- the entire term. pal department; now, therefore, cil authorizes and the City sells gen- Section 3. That the costs of the con- Be it ordained by the Council of the eral obligation bonds in 2012 for the tract or contracts shall be charged City of Cleveland: purposes that include the purposes against the proper appropriation Section 1. That, provided this Coun- described in this ordinance and other accounts and the Director of Finance cil authorizes and the City sells gen- funds approved by the Director of shall certify the amount of any pur- eral obligation bonds in 2012 and Finance, the Director of Finance is chase under the contract, each of other funds approved by the Director authorized to make one or more writ- which purchases shall be made on of Finance, for the purposes that ten requirement contracts under the order of the Commissioner of Pur- 503 32 The City Record April 11, 2012 chases and Supplies under a delivery dance with the provisions thereof year. Interest on the Bonds shall be order against the contract or con- (the “Series Bond Ordinances”); and payable when due, or until the princi- tracts certified by the Director of Whereas, the authorization for pal amount is paid, semiannually as Finance. issuance of the Bonds is necessary to specified in the Certificate of Award Section 4. That under Section 108(b) provide funds to pay the costs of cer- as the dates on which interest on the of the Charter, the purchases autho- tain permanent improvements Bonds shall be payable (the “Interest rized by this ordinance may be made described in Section 1 hereof that are Payment Dates”), beginning on the through cooperative arrangements urgently needed for the benefit of the date specified in the Certificate of with other governmental agencies. City, and as a result, this Ordinance Award as the first Interest Payment The Director of Finance may sign all constitutes an emergency measure Date. documents that are necessary to providing for the immediate preserva- The Bonds shall mature in the make the purchases, and may enter tion of the public peace, property, years and principal amounts as shall into one or more contracts with the health and safety, and for the usual be permitted by law and determined vendors selected through that cooper- daily operation of a municipal depart- by the Director of Finance and speci- ative process. ment; now, therefore, fied in the Certificate of Award, based Section 5. That the amendment Be it ordained by the Council of the on the written advice of a Financial shall be prepared by the Director of City of Cleveland: Advisor to be in the best interests of Law. Section 1. Purpose. It is deemed nec- the City, provided that (i) each prin- Section 6. The contract or contracts essary to issue the Bonds in an aggre- cipal payment shall occur on an Inter- shall be paid from the fund or funds to gate principal amount not to exceed est Payment Date, (ii) the first prin- which are credited the proceeds of the Fourteen Million Six Hundred Thou- cipal payment on the Bonds shall be sale of general obligation bonds sand Dollars ($14,600,000) for the pur- no earlier than November 15, 2012 and issued in 2012, if authorized by this pose of providing funds for construct- no later than December 31, 2013, (iii) Council and sold by the City for the ing, reconstructing, rehabilitating, the final maturity date of the Bonds purposes described in this ordinance, installing, renovating, enlarging and shall be no later than 18 years from and from any other funds approved by otherwise improving buildings and that date which is 12 months prior to the Director of Finance. structures housing and providing for the first date on which provision for Section 7. That this ordinance is the discharge of governmental func- payment of principal is made, and declared to be an emergency measure tions and services otherwise benefit- (iv) the principal amount thereof and, provided it receives the affirma- ing the public safety, health and wel- shall be payable in annual install- tive vote of two-thirds of all the mem- fare, including facilities in, of and for ments such that the total principal bers elected to Council, it shall take the City Hall, police stations, fire sta- and interest payments on the Bonds effect and be in force immediately tions, service stations, centers and in any fiscal year in which principal upon its passage and approval by the facilities, waste collection, market is payable is not more than three Mayor; otherwise it shall take effect facilities, transfer and disposal facili- times the amount of those payments and be in force from and after the ear- ties, correctional facilities, and in any other fiscal year. liest period allowed by law. health and other facilities, and the The Bonds stated to mature in any Passed April 2, 2012. provision of necessary fixtures, fur- year may be issued as term bonds (the Effective April 9, 2012. nishings, equipment, appurtenances, “Term Bonds”), payable pursuant to utilities, and site improvements for Mandatory Sinking Fund Redemption the purpose, and to pay any capital- Requirements as defined and further ized interest and all expenses described below. The Director of Ord. No. 271-12. incurred in connection with the Finance shall determine in the Cer- By Council Member Sweeney (by issuance of the securities, including tificate of Award whether any of the departmental request). all financing costs within the mean- Bonds shall be issued as Term Bonds, An emergency ordinance authorizing of Section 133.01(K) of the Ohio any dates (the “Mandatory Redemp- ing the issuance and sale of bonds in Revised Code and such other costs of tion Dates”) on which the principal the maximum principal amount of the foregoing permanent improve- amount of the Term Bonds shall be $14,600,000 for the purpose of provid- ments that may be financed with the payable pursuant to mandatory sinking funds to improve buildings and proceeds of securities as permitted by ing fund installments rather than at structures housing and providing for Section 133.15(B) of the Ohio Revised stated maturity and the amount of the discharge of governmental func- Code and as otherwise permitted by principal to be paid on each Mandato- tions and services otherwise benefit- law. ry Redemption Date (the “Mandatory ing the public safety, health and wel- Section 2. Authority and Terms. The Sinking Fund Redemption Require- fare and authorizing related matters. Bonds shall be issued pursuant to the ments”). Whereas, this Council desires to provisions of Article XVIII of the Con- The Bonds shall be subject to issue bonds in an aggregate principal stitution of Ohio, Chapter 133 of the redemption or purchase prior to stat- amount not to exceed Fourteen Mil- Ohio Revised Code and other applica- ed maturity as follows: lion Six Hundred Thousand Dollars ble provisions of the Ohio Revised (a) Mandatory Sinking Fund ($14,600,000) (the “Bonds”) to finance Code, the Charter of the City, the Gen- Redemption. If any of the Bonds are the costs of certain permanent eral Bond Ordinance and this Ordi- issued as Term Bonds, the Term improvements described in Section 1 nance for the purpose stated in Sec- Bonds shall be subject to mandatory of this ordinance (this “Ordinance”); tion 1 hereof. The Bonds shall be des- sinking fund redemption and be and ignated “Public Facilities Improve- redeemed pursuant to Mandatory Whereas, the Director of Finance, ment Bonds” and may contain such Sinking Fund Redemption Require- as fiscal officer of this City, has pre- further designation as provided in the ments, at a redemption price of 100% viously certified to this Council that certificate of award providing for the of the principal amount redeemed, the estimated life or usefulness of the final terms of the Bonds and the sale plus interest accrued to the redemp- improvements to be financed with the of the Bonds signed by the Director of tion date, on the Mandatory Redemp- proceeds of the Bonds is at least five Finance in accordance with this Ordi- tion Dates. years and that the maximum maturi- nance (the “Certificate of Award”). The aggregate of the moneys to be ty of the Bonds is 18 years, a copy of The Bonds shall be issued in one lot deposited with the Escrow Agent, cur- which is contained in File No. 271-12- as fully registered Bonds in denomi- rently The Huntington National A; nations of $5,000 or any integral mul- Bank, for payment of principal of and Whereas, this Council passed Ordi- tiple thereof. The Bonds shall be num- interest on any Term Bonds shall nance No. 1749-80 on October 8, 1980, bered as determined by the Director include amounts sufficient to redeem and thereafter amended that ordi- of Finance. on the Mandatory Redemption Dates nance by Ordinance No. 1112-83, The Bonds shall be issued in the the principal amount of Term Bonds passed May 6, 1983, and Ordinance No. principal amount specified in the Cer- payable on those dates pursuant to 944-96, passed June 10, 1996 (Ordi- tificate of Award, which shall not the Mandatory Sinking Fund nance No. 1749-80, as so amended and exceed the amount stated in Section 1 Redemption Requirements (less the as the same may further be amended hereof. The Bonds shall be dated the amount of any credit as provided from time to time in accordance with date and shall bear interest from their below). its provisions, is referred to as the date until the principal amount is The City shall have the option to “General Bond Ordinance”), provid- paid at the rate or rates per year spec- deliver to the Registrar (as defined in ing the general terms and provisions ified in the Certificate of Award, pro- Section 3 hereof) for cancellation for the issuance of unvoted general vided that the weighted average of Term Bonds in any aggregate princi- obligations of the City, with the spe- such rates (taking into account the pal amount and to receive a credit cific terms of each series of Bonds to principal amount and maturity of against the then-current Mandatory be contained in ordinances authoriz- each Bond to which a rate applies) Sinking Fund Redemption Require- ing the issuance of Bonds in accor- shall not exceed six percent (6%) per ment (and corresponding mandatory 504 April 11, 2012 The City Record 33 redemption obligation) of the City for redeemed, and shall be given at least denomination of $5,000. If it is deter- any Term Bonds. That option shall be 45 days prior to the redemption date mined that one or more, but not all of exercised by the City on or before the or such shorter period as shall be the $5,000 units of principal amount forty-fifth day preceding the applica- acceptable to the Registrar. There represented by a Bond are to be called ble Mandatory Redemption Date, by shall be deposited with the Registrar for redemption, then upon notice of furnishing the Escrow Agent a cer- on or prior to the redemption date redemption of a $5,000 unit or units, tificate, signed by the Registrar, set- funds sufficient to redeem at the the registered owner of that Bond ting forth the extent of the credit to redemption price all of the shall surrender the Bond to the Regis- be applied with respect to the then- redeemable Bonds for which notice of trar (i) for payment of the redemption current Mandatory Sinking Fund redemption has been given. or purchase price of the $5,000 unit or Redemption Requirement. If the cer- (c) Purchase in Lieu of Redemp- units called for redemption (includ- tificate is not timely furnished to the tion. If and to the extent provided in ing, without limitation, the interest Escrow Agent, the Mandatory Sink- the Certificate of Award, the City may accrued to the date fixed for redemp- ing Fund Redemption Requirement elect to purchase Bonds called for tion and any premium), and (ii) for (and corresponding mandatory optional redemption in lieu of redeem- issuance, without charge to the regis- redemption obligation) shall not be ing those Bonds. That election shall tered owner thereof, of a new Bond or reduced. A credit against the then- be exercised by written direction Bonds of any authorized denomina- current Mandatory Sinking Fund from the Director of Finance to the tion or denominations in an aggre- Redemption Requirement (and corre- Registrar and the Escrow Agent. gate principal amount equal to the sponding mandatory redemption That written direction shall state unmatured portion of the Bond not obligation) also shall be received by whether all or less than all of the redeemed or purchased and bearing the City for any Term Bonds that Bonds called for optional redemption interest at the same rate and matur- prior thereto have been redeemed are to be purchased by the City in lieu ing on the same date as the Bond sur- (other than through the operation of of redemption, shall identify the rendered. the Mandatory Sinking Fund Bonds to be purchased by their matu- (e) Notice of Redemption. The Redemption Requirements) or pur- rity date and shall specify the princi- notice of the call for redemption of chased for cancellation and cancelled pal amount of each maturity to be pur- Bonds shall identify (i) by designa- by the Registrar, to the extent not chased in lieu of redemption. If less tion, letters, numbers or other distin- applied theretofore as a credit than all of the Bonds called for option- guishing marks, the Bonds or por- against any mandatory redemption al redemption are to be purchased in tions thereof to be redeemed, (ii) the obligation. lieu of redemption, the amount of redemption price to be paid, (iii) the Each Term Bond so delivered, or each maturity to be purchased shall date fixed for redemption, and (iv) previously redeemed, or purchased be in amounts of $5,000 or integral the place or places where the amounts and cancelled, shall be credited by the multiples of $5,000. Any Bonds called due upon redemption are payable. Escrow Agent at 100% of the princi- for optional redemption that are not The notice shall be given by the Reg- pal amount thereof against the then- to be purchased shall be redeemed in istrar on behalf of the City by mailing current Mandatory Sinking Fund accordance with their redemption pro- a copy of the redemption notice by Redemption Requirement (and corre- visions. The purchase price of the first-class mail, postage prepaid, at sponding mandatory redemption Bonds to be purchased in lieu of least 30 days prior to the date fixed obligation). Any excess of that redemption shall be equal to the prin- for redemption (or such period speci- amount over the then-current Manda- cipal of, any accrued but unpaid inter- fied in the Certificate of Award), to tory Sinking Fund Redemption est on, and any premium that would the registered owner of each Bond Requirement shall be credited have been payable on the Bonds on subject to redemption in whole or in against subsequent Mandatory Sink- the redemption date if the Bonds had part at the registered owner’s address ing Fund Redemption Requirements been optionally redeemed instead of shown on the Bond Register main- (and corresponding mandatory being purchased. No notice of the pur- tained by the Registrar at the close of redemption obligations) in the order chase in lieu of redemption is business on the fifteenth day preced- directed by the Director of Finance. required to be given to the owners of ing that mailing and to any provider (b) Optional Redemption. The the Bonds in addition to the notice of of a Credit Support Instrument (as Bonds may be subject to redemption redemption required by this Ordi- defined in Section 15 hereof) for the prior to maturity by and at the option nance. The Escrow Agent or Regis- Bonds or designated portions thereof. of the City, in whole or in part on any trar, as paying agent, shall not pur- Failure to receive notice by mail or date, in integral multiples of $5,000, chase Bonds if sufficient moneys any defect in that notice regarding on the optional redemption dates and have not been deposited with the any Bond, however, shall not affect at the redemption prices (expressed Escrow Agent or Registrar, as paying the validity of the proceedings for the as a percentage of the principal agent, by the City for the purpose. On redemption of any Bond. Any notice amount redeemed) specified in the or prior to the scheduled date for of redemption of any Bonds may spec- Certificate of Award, plus, in each optional redemption, the City may ify that the redemption is contingent case, accrued interest to the redemp- rescind its direction to purchase the on the deposit of moneys with the tion date. The first optional redemp- Bonds in lieu of redemption by writ- Escrow Agent or Registrar, as paying tion date shall not be later than ten ten notice from the Director of agent, on or prior to the redemption years from the first Interest Payment Finance to the Registrar and the date in an amount sufficient to pay Date, and the highest redemption Escrow Agent. In the event that the the redemption price of the Bonds to price shall not be greater than 102% direction to purchase is rescinded, the be redeemed. of the principal amount redeemed Bonds shall be redeemed on the (f) Payment of Redeemed Bonds. plus accrued interest to the redemp- redemption date set forth in the notice Notice having been mailed in the man- tion date. Based on the written advice of redemption delivered to the owners ner provided in the preceding para- of a financial advisor, the Director of of the Bonds and in accordance with graph, and moneys having been Finance may determine in the Certifi- the provisions of this Ordinance. deposited by the City with the Escrow cate of Award that it is in the best (d) Partial Redemption or Pur- Agent or Registrar, as paying agent, interests of the City for some or all of chase. If fewer than all of the out- in an amount sufficient to pay the the Bonds not to be callable prior to standing Bonds are called for redemp- redemption price, the Bonds and por- their stated maturity. tion at one time (whether for redemp- tions thereof called for redemption If optional redemption at a price tion or purchase in lieu of redemp- shall become due and payable on the exceeding 100% of the principal tion), they shall be called in the order redemption date, and, upon presenta- amount to be redeemed is to take of maturities directed by the Director tion and surrender at the place or place as of any applicable Mandatory of Finance. If fewer than all Bonds of places specified in that notice, shall Redemption Date, the Bonds, or por- a single maturity are to be redeemed be paid. If money for the redemption tions thereof, to be redeemed option- or purchased in lieu of redemption, of all of the Bonds and portions there- ally shall be selected by lot prior to the selection of Bonds to be redeemed of to be redeemed, including interest the selection by lot of the Bonds to be or purchased, or portions thereof in accrued to the redemption date, is redeemed on the same date by opera- amounts of $5,000 or any integral mul- held by the Registrar on the redemption of the Mandatory Sinking Fund tiple thereof, shall be made by the tion date, and, if notice of redemption Redemption Requirements of para- Registrar by lot in a manner deter- has been deposited in the mail, then graph (a). The Bonds shall be mined by the Registrar. In the case of from and after the redemption date redeemed pursuant to this paragraph a partial redemption or purchase of those Bonds and portions thereof only upon written notice from the Bonds by lot when Bonds of denomi- called for redemption shall cease to Director of Finance to the Registrar. nations greater than $5,000 are then bear interest and no longer shall be That notice shall specify the redemp- outstanding, each $5,000 unit of prin- considered to be outstanding. If that tion date and the principal amount of cipal thereof shall be treated as money shall not be so available on the each maturity of Bonds to be though it were a separate Bond of the redemption date, or that notice shall 505 34 The City Record April 11, 2012 not have been deposited in the mail, U.S. Bank National Association is City shall sign and the Registrar those Bonds and portions thereof appointed to act as the authenticating shall authenticate and deliver Bonds shall continue to bear interest, until agent, bond registrar, transfer agent in accordance with the provisions of they are paid, at the same rate as they and paying agent for the Bonds (the this Ordinance. The exchange or would have borne had they not been “Registrar”). The Registrar shall also transfer shall be without charge to called for redemption. All money held act as paying agent for the Bonds so the owner, except that the City and by the Registrar for the redemption of long as the Bonds are held in a book Registrar may make a charge suffi- particular Bonds shall be held in trust entry system. The Director of Finance cient to reimburse them for any tax or for the account of the registered own- is authorized to sign and deliver, in other governmental charge required ers and shall be paid to them, respec- the name and on behalf of the City, an to be paid with respect to the tively, upon presentation and surren- agreement between the City and the exchange or transfer. The City or the der of those Bonds. Registrar (the “Registrar Agree- Registrar may require that those The debt charges on the Bonds ment”), approved as to form and cor- charges, if any, be paid before the pro- shall be payable in lawful money of rectness by the Director of Law, pro- cedure is begun for the exchange or the United States of America without viding for services relating to the reg- transfer. All Bonds issued and deduction for the services of the Reg- istration, transfer, exchange and pay- authenticated upon any exchange or istrar or Escrow Agent as paying ment of the Bonds on terms approved transfer shall be valid obligations of agent. Principal shall be payable by the Director of Finance on behalf the City, evidencing the same debt, when due upon presentation and sur- of the City and consistent with this and entitled to the same security and render of the Bonds at the principal Ordinance and not substantially benefit under this Ordinance, as the corporate trust office of the Regis- adverse to the City. That approval Bonds surrendered upon that trar. Interest on a Bond shall be paid shall be conclusively evidenced by exchange or transfer. on each Interest Payment Date by the signing of the Registrar Agree- Notwithstanding any other provi- check or draft mailed to the person in ment by the Director of Finance. The sions of this Ordinance, if it is deter- whose name the Bond was registered, Director of Finance shall provide for mined by the Director of Finance to and to that person’s address appear- the payment of the services rendered be advantageous to the City, the ing, on the Bond Register (as defined and for reimbursement of expenses Bonds may be issued in book entry in Section 3 hereof) at the close of incurred pursuant to the Registrar form in accordance with the provi- business on the date provided in the Agreement from the proceeds of the sions of this Section. As used in this Registrar Agreement authorized and Bonds to the extent available and Section and this Ordinance: defined in Section 3 hereof (the then from other money lawfully avail- “Book entry form” or “book entry “Record Date”). Notwithstanding any able and appropriated or to be appro- system” means a form or system contrary provision in the General priated for that purpose. under which (i) the ownership of ben- Bond Ordinance, so long as the Bonds So long as any of the Bonds remain eficial interests in Bonds and the prin- are held by a Depository in a book outstanding, the City will cause the cipal of and interest on the Bonds may entry system (as described in Sec- Registrar to maintain and keep at its be transferred only through a book tion 3 hereof), debt charges on the principal corporate trust office all entry, and (ii) physical Bond certifi- Bonds will be payable in lawful books and records necessary for the cates in fully registered form are money of the United States by wire registration, exchange and transfer issued by the City only to a Deposito- transfer to the Depository made by of Bonds as provided in this Section ry or its nominee as registered owner, the Escrow Agent on each Interest (the “Bond Register”). The person in with the Bonds “immobilized” in the Payment Date. whose name a Bond is registered on custody of the Depository. The book This Series Bond Ordinance is the Bond Register shall be regarded entry maintained by others than the enacted pursuant to the General Bond as the absolute owner of that Bond for City is the record that identifies the Ordinance. The General Bond Ordi- all purposes of this Ordinance. Pay- owners of beneficial interests in those nance, except for the third paragraph ment of or on account of the debt Bonds and that principal and interest. of Section 13(a) (pertaining general- charges on any Bond shall be made “Depository” means any securities ly to an adjustment of the interest only to or upon the order of that per- depository that is a clearing agency rate in an event of default) and the son; neither the City nor the Registrar under federal law operating and third paragraph of Section 4 (pertain- shall be affected by any notice to the maintaining, with its Participants or ing generally to the periods during contrary, but the registration may be otherwise, a book entry system to which the City is not required to make changed as provided in this Section. record ownership of beneficial inter- any transfers or exchanges of bonds All such payments shall be valid and ests in bonds or the principal and issued under the General Bond Ordi- effectual to satisfy and discharge the interest, and to effect transfers of nance), will apply to the Bonds. City’s liability upon the Bond, includ- bonds, in book entry form, and Except for those provisions, the Gen- ing interest, to the extent of the includes and means initially The eral Bond Ordinance is included as a amount or amounts so paid. Depository Trust Company (a limited part of this Ordinance as fully as if Any Bond may be exchanged for purpose trust company), New York, restated in this Ordinance. Words and Bonds of any authorized denomina- New York. terms not otherwise defined in this tion upon presentation and surrender “Participant” means any partici- Ordinance shall have the same mean- at the principal corporate trust office pant contracting with a Depository ing as set forth in the General Bond of the Registrar, together with a under a book entry system and Ordinance. request for exchange signed by the includes security brokers and dealers, Section 3. Execution, Authentica- registered owner or by a person legal- banks and trust companies, and clear- tion, Approval and Recording of the ly empowered to do so in a form satis- ing corporations. Bonds; Exchange and Transfer of the factory to the Registrar. A Bond may The Bonds may be issued to a Bonds; Paying Agents. The Bonds be transferred only on the Bond Reg- Depository for use in a book entry shall express upon their faces the pur- ister upon presentation and surrender system and, if and as long as a book pose for which they are issued and of the Bond at the principal corporate entry system is utilized: (i) the Bonds that they are issued pursuant to this trust office of the Registrar together may be issued in the form of a single, Ordinance. Pursuant to Section 4 of with an assignment signed by the reg- fully registered Bond representing the General Bond Ordinance, each istered owner or by a person legally each maturity and registered in the Bond shall be authenticated by the empowered to do so in a form satis- name of the Depository or its nomi- manual signature of an authorized factory to the Registrar. Upon nee, as registered owner, and immobi- officer of the Trustee (as defined exchange or transfer the Registrar lized in the custody of the Depository; therein). The Bonds shall be signed shall complete, authenticate and (ii) the beneficial owners in book by the City’s Mayor and by the City’s deliver a new Bond or Bonds of any entry form shall have no right to Director of Finance, and, consistent authorized denomination or denomi- receive Bonds in the form of physical with Section 133.27 of the Ohio nations requested by the owner equal securities or certificates; (iii) owner- Revised Code and notwithstanding in the aggregate to the unmatured ship of beneficial interests in book Section 177.02 of the Codified Ordi- principal amount of the Bond surren- entry form shall be shown by book nances of the City, either or both of dered and bearing interest at the entry on the system maintained and those signatures may be a facsimile. same rate and maturing on the same operated by the Depository and its The Bonds shall bear the seal of the date. Participants, and transfers of the City, which seal may be a facsimile If manual signatures on behalf of ownership of beneficial interests seal. Pursuant to Section 83 of the the City are required, the Registrar shall be made only by book entry by City’s Charter, the Director of Law shall undertake the exchange or the Depository and its Participants; shall prepare the Bonds and shall transfer of Bonds only after the new and (iv) the Bonds as such shall not endorse thereon his approval of the Bonds are signed by the authorized be transferable or exchangeable, form and correctness thereof by his officers of the City. In all cases of except for transfer to another Deposi- manual or facsimile signature. Bonds exchanged or transferred, the tory or to another nominee of a Depos- 506 April 11, 2012 The City Record 35 itory, without further action by the to the Original Purchaser, to sign any tion 8 of the General Bond Ordinance, City. transcript certificates, financial in each year to the extent that rev- If any Depository determines not to statements and other documents and enues are available from other continue to act as a Depository for the instruments and to take such actions sources for the payment of the Bonds Bonds for use in a book entry system, as are necessary or appropriate to and are appropriated for such pur- the Director of Finance may attempt consummate the transactions contem- pose, the amount of such tax shall be to establish a securities depo - plated by this Ordinance and to take reduced by the amount of such rev- sitory/book entry relationship with all steps necessary to effect the due enues so available and appropriated. another qualified Depository. If the execution, authentication and deliv- This Council hereby covenants, on Director of Finance does not or is ery of the Bonds. The Director of behalf of the City and its officials, unable to do so, the Registrar, after Finance is further authorized to sign pursuant to the authorization under making provision for notification of and deliver on behalf of the City a Sections 133.25(B)(1) and 5705.51 of the beneficial owners by the then bond purchase agreement between the Ohio Revised Code, and in accor- Depository and any other arrange- the City and the Original Purchaser dance with the provisions of and to ments deemed necessary, shall permit (the “Bond Purchase Agreement”), the extent required or permitted by withdrawal of the Bonds from the approved as to form and correctness the General Bond Ordinance, that the Depository, and the Trustee and Reg- by the Director of Law, setting forth City will appropriate annually from istrar shall authenticate and deliver the terms and conditions on which the the proceeds of the City’s municipal bond certificates in registered form to City agrees to sell the Bonds and the income taxes an amount as is neces- the assigns of the Depository or its Original Purchaser agrees to buy the sary to meet the annual debt charges nominee, all at the cost and expense Bonds, which shall be consistent with for the Bonds. (including any costs of printing), if this Ordinance, not substantially Section 6. Application of Proceeds. the event is not the result of City adverse to the City, and approved by The proceeds from the sale of the action or inaction, of those persons the Director of Finance and Director Bonds, except for accrued interest requesting such issuance. of Law on behalf of the City, all of thereon and any premium, shall be The Director of Finance is also which shall be conclusively evi- expended and applied for the objects hereby authorized and directed to the denced by the signing of the Bond and purposes for which the Bonds are extent necessary or required to enter Purchase Agreement by the Director issued. The proceeds of the Bonds to into any agreements determined nec- of Finance. It is determined that the be applied to pay costs of any Credit essary in connection with the book terms of the Bonds, as provided in this Support Instruments obtained pur- entry system for the Bonds, after Ordinance and as may be provided in suant to Section 15 hereof shall be determining that the signing thereof or pursuant to the Certificate of paid to the provider or providers of will not endanger the funds or securi- Award, are in the best interest of the those Credit Support Instruments. ties of the City and after the approval City and in compliance with all legal The proceeds of the Bonds to be used of the form of any such agreement by requirements. to pay costs of issuing the Bonds shall the Director of Law. Pursuant to Section 133.30(B) of the be deposited with the Registrar in a Section 4. Sale of Bonds. The Bonds Ohio Revised Code, the Director of separate account under the Registrar shall first be offered for purchase to Finance may combine the Bonds with Agreement pending their application the Trustees of the Sinking Fund and, other bonds into a single consolidated to the payment of such costs. Pur- if not purchased by them, shall be issue of bonds for purposes of their suant to Chapter 133 of the Ohio offered to the Treasury Investment sale as a single issue to be designated Revised Code and this Ordinance, and Account for purchase and, if not pur- “Various Purpose General Obligation notwithstanding Chapter 179 of the chased for that Account, shall be sold Bonds, Series 2012” or such other des- Codified Ordinances, any accrued to one or more firms that have pro- ignation as may be set forth in the interest and any premium received posed to underwrite the Bonds and Certificate of Award. Such bonds from the sale of the Bonds shall be have been selected by the Director of shall contain a summary statement of deposited in the Unvoted Tax Sup- Finance based on an evaluation of the purposes encompassing the purpose ported Obligations Account of the qualifications of those firms (collec- for which the Bonds are issued and Sinking Fund to be applied to the pay- tively, the “Original Purchaser”). shall state that they are issued pur- ment of the principal of and interest The Bonds shall be awarded to the suant to this Ordinance. on the Bonds. Original Purchaser in the Certificate Section 5. Provision for Levying Section 7. General Obligation. The of Award which shall specify the and Collecting Tax. For the purpose Bonds are secured by a pledge and final terms of the Bonds in accor- of providing the necessary funds to lien on a parity with the pledges and dance with law, the provisions of this pay the interest on the Bonds prompt- liens authorized by the General Bond Ordinance, the written advice of a ly when and as the same falls due, Ordinance and, in addition to the financial advisor retained under and also to provide for the discharge taxes and revenues specifically authority of Section 16 hereof and the of the Bonds at maturity, there shall pledged pursuant to this Ordinance Original Purchaser’s offer to pur- be and is levied on all the taxable and the General Bond Ordinance and chase the Bonds, including: the prin- property in the City, in addition to all the other covenants, terms and agree- cipal amount of the Bonds, the pur- other taxes, a direct tax annually dur- ments provided hereunder and in the chase price (which shall be not less ing the period the Bonds are out- General Bond Ordinance to secure than 97% of the principal amount of standing, in an amount sufficient to payment of the principal of and inter- the Bonds plus any accrued interest to provide for the payment of that interest on the Bonds, the City hereby their date of delivery), interest rate or est, when and as the same shall fall determines, declares, warrants and rates, the amounts and years in which due, and also to discharge the princi- covenants that the Bonds are general principal installments are payable pal of the Bonds at maturity, which obligations of the City and that the (at stated maturity or pursuant to tax shall not be less than the interest full faith and credit of the City are Mandatory Sinking Fund Redemption and sinking fund tax required by Sec- hereby pledged for the payment of the Requirements), the Interest Payment tion 11 of Article XII of the Constitu- principal of and interest on the Bonds Dates and the date of the Bonds and tion of Ohio. in accordance with the laws and Con- any other matters required in this The tax shall be and is ordered com- stitution of the State of Ohio, this Ordinance to be set forth in that Cer- puted, certified, levied and extended Ordinance and the General Bond Ordi- tificate. As appropriate under the upon the tax duplicate and collected nance. Charter, the Mayor, Director of by the same officers, in the same man- Section 8. Defeasance. Finance, Director of Law, Clerk of ner and at the same time that taxes (a) Release of Ordinance. If the Council and other appropriate offi- for general purposes for each of those City shall pay or cause to be paid and cers of the City are, and each of them years are certified, extended and col- discharged all the outstanding Bonds, is, authorized to take such actions as lected. The tax shall be placed before or there shall otherwise be paid to the are necessary, appropriate and in the and in preference to all other items holders of the outstanding Bonds all best interest of the City to establish and for the full amount thereof. The debt charges due or to become due the terms and requirements for deliv- funds derived from those tax levies thereon, and provision shall also be ery of the Bonds and to make such shall be placed in the Unvoted Tax made for paying all other sums arrangements as are necessary with Supported Obligations Account of the payable hereunder, then and in that the Original Purchaser in order to Sinking Fund as required by the Gen- event this Ordinance (except for Sec- establish the date, location, proce- eral Bond Ordinance, and those funds, tion 8(b) hereof) shall cease to be of dures, and conditions for the delivery together with the interest collected on further effect, and the covenants, of the Bonds to the Original Purchas- them, shall be irrevocably pledged for agreements and other obligations of er, to give all appropriate notices and the payment of principal of and inter- the City under this Ordinance shall be certificates, to cause a true transcript est on the Bonds when and as the discharged and satisfied, and thereof proceedings with reference to the same fall due; provided, however, upon the Trustee shall at the request issuance of the Bonds to be delivered that, subject to the provisions of Sec- of the City execute and deliver to the 507 36 The City Record April 11, 2012

City such instruments in writing as exceeding six percent (6%) per year, Any Note may be exchanged for shall discharge the lien hereof and as may be fixed by the Director of Notes of any authorized denomination enter on the record such discharge of Finance of the City in the Note Cer- upon presentation and surrender at the lien and such other instruments as tificate of Award; shall be dated their the principal corporate trust office of may be reasonably required by the date of issuance; shall mature on the the Note Registrar, together with a City. date set forth in the Note Certificate request for exchange signed by the (b) Payment and Discharge of of Award, which shall be no later than registered owner or by a person legal- Bonds. Outstanding Bonds shall be five years from such date of issuance; ly empowered to do so in a form satis- deemed to have been paid and dis- shall be subject to redemption by the factory to the Note Registrar. A Note charged within the meaning of this City at any time prior to maturity may be transferred only on the Note Ordinance, including without limita- without penalty, provided that, if the Register upon presentation and sur- tion, Section 8(a) hereof, if: Director of Finance, based on the render of the Note at the principal cor- (i) the Escrow Agent or Paying advice of a financial advisor, deter- porate trust office of the Note Regis- Agent shall hold in special accounts mines that it is in the best interest of trar together with an assignment or subaccounts, in trust for and irrev- the City in order to enhance the mar- signed by the registered owner or by ocably committed solely thereto, suf- ketability of the Notes, the Director of a person legally empowered to do so ficient moneys; or Finance may cause the Notes to not be in a form satisfactory to the Note Reg- (ii) the Escrow Agent shall hold in redeemable for a period which ends istrar. Upon exchange or transfer the special accounts or subaccounts, in no later than the date which is two Note Registrar shall complete, trust for and irrevocably committed years following the date of issuance authenticate and deliver a new Note solely thereto, direct obligations of of the Notes; shall be designated “Pub- or Notes of any authorized denomina- the United States certified by an inde- lic Facilities Improvement Bond tion or denominations requested by pendent public accounting firm of Anticipation Notes”; shall be issued in the owner equal in the aggregate to national reputation to be of such such numbers and denominations as the unmatured principal amount of maturities and interest payment may be requested by the Note Pur- the Note surrendered and bearing dates and to bear such interest, with- chaser (hereinafter defined); and interest at the same rate and matur- out further investment or reinvest- shall be issued in fully registered ing on the same date. If manual signatures on behalf of ment of either the principal amount form (which may be in a book entry the City are required, the Note Regis- thereof or the interest earnings there- only system) in denominations of trar shall undertake the exchange or from (likewise to be held in trust and $5,000 or integral multiples thereof. transfer of Notes only after the new committed, except as hereinafter pro- Interest shall be payable semiannual- Notes are signed by the authorized vided), as will be sufficient, together ly on the dates set forth in the Note officers of the City. In all cases of with moneys referred to in (i) above, Certificate of Award; provided that if for the payment, at their maturities or Notes exchanged or transferred, the the Notes mature on or before the end City shall sign and the Note Registrar redemption dates, of all debt charges of the twelfth month following their on the Bonds to their date of maturity shall authenticate and deliver Notes date of issuance, interest on the Notes in accordance with the provisions of or redemption, as the case may be, or shall be payable at maturity. if default in such payment shall have this Ordinance. The exchange or U.S. Bank National Association is transfer shall be without charge to occurred on such date then to the date appointed to act as the authenticating of the tender of such payment; provid- the owner, except that the City and agent, registrar, transfer agent and ed, that if any Bonds are to be Note Registrar may make a charge paying agent for the Notes (the “Note redeemed prior to the maturity there- sufficient to reimburse them for any Registrar”). The Escrow Agent also of, notice of such redemption shall tax or other governmental charge shall act as paying agent for the have been duly given or irrevocable required to be paid with respect to the Notes if the Notes are held in a book provision satisfactory to the Trustee exchange or transfer. The City or the entry system. The Director of Finance shall have been duly made for the giv- Note Registrar may require that those shall sign and deliver, in the name ing of such notice. Any moneys held charges, if any, be paid before the pro- by the Escrow Agent in accordance and on behalf of the City, an agree- cedure is begun for the exchange or with the provisions of this Section ment among the City, the Note Regis- transfer. All Notes issued and authen- shall be invested by the Escrow trar and the Escrow Agent (the “Note ticated upon any exchange or trans- Agent in direct obligations of the Registrar Agreement”) providing for fer shall be valid obligations of the United States of America maturing, or services relating to the registration, City, evidencing the same debt, and redeemable at the option of the hold- transfer, exchange and payment of entitled to the same security and ben- er, at times and in amounts sufficient Notes on terms that are approved by efit under this Ordinance, as the Notes to meet payment of debt charges on the Director of Finance on behalf of surrendered upon that exchange or the Bonds, as directed by the Director the City. That approval shall be con- transfer. of Finance. Any income or interest clusively evidenced by the signing of Pursuant to Section 133.30(B) of the earned by, or increment to, the invest- the Note Registrar Agreement by the Ohio Revised Code, the Director of ments held under this Section shall, to Director of Finance. The Director of Finance may combine the Notes with the extent determined from time to Finance shall provide for the pay- other bond anticipation notes of the time by the Escrow Agent to be in ment of the services rendered and for City for purposes of their sale as a sin- excess of the amount required to be reimbursement of expenses incurred gle issue to be designated “Various held by it for the purposes of this Sec- pursuant to the Note Registrar Agree- Purpose General Obligation Bond tion, be transferred at the time of ment from the proceeds of the Notes to Anticipation Notes.” The Notes shall such determination as provided in the extent available and then from contain a summary statement of pur- Section 17(a) of the General Bond other money lawfully available and poses encompassing the purpose for Ordinance for unclaimed funds held appropriated or to be appropriated for which the Notes are issued and shall by a Paying Agent. In the event of that purpose. state that they are issued pursuant to nonpresentment of any Bond as So long as any of the Notes remain this Ordinance. described in Section 17(a) of the Gen- outstanding, the City will cause the (b) Execution and Payment of the eral Bond Ordinance, the moneys held Note Registrar to maintain and keep Notes. The Notes shall express upon pursuant to this Section shall be held at its principal corporate trust office their faces the purpose for which they and paid as provided in said Sec- all books and records necessary for are issued and that they are issued tion 17(a) for unclaimed funds held the registration, exchange and trans- pursuant to this Ordinance. Each Note by a Paying Agent. fer of Notes as provided in this Section shall be authenticated by the manual Section 9. Bond Anticipation Notes. (the “Note Register”). The person in signature of an authorized officer of For the purpose of raising money in whose name a Note is registered on the Trustee (as defined therein). The anticipation of the issuance of the the Note Register shall be regarded as Notes shall be signed by the City’s Bonds for the purpose set forth in Sec- the absolute owner of that Note for all Mayor and by the City’s Director of tion 1 hereof, notes of the City may be purposes of this Ordinance. Payment Finance, and, consistent with Section issued in an aggregate principal of or on account of the debt charges 133.27 of the Ohio Revised Code and amount not to exceed Fourteen Mil- on any Note shall be made only to or notwithstanding Section 177.02 of the lion Six Hundred Thousand Dollars upon the order of that person; neither Codified Ordinances of the City, ($14,600,000) (the “Notes”) upon the the City nor the Note Registrar shall either or both of those signatures may direction of the Director of Finance to be affected by any notice to the con- be a facsimile. The Notes shall bear be set forth in a certificate providing trary, but the registration may be the seal of the City, which seal may be for the final terms of the Notes and changed as provided in this Section. a facsimile seal. Pursuant to Sec- the sale of the Notes and signed by the All such payments shall be valid and tion 83 of the City’s Charter, the Direc- Director of Finance (the “Note Certifi- effectual to satisfy and discharge the tor of Law shall prepare the Notes and cate of Award”). City’s liability upon the Note, includ- shall endorse thereon his approval of (a) Terms of the Notes. The Notes ing interest, to the extent of the the form and correctness thereof by shall bear interest at such rate, not amount or amounts so paid. his manual or facsimile signature. 508 April 11, 2012 The City Record 37

(c) Sale of the Notes. The Notes and distribution of each Official Section 14. Federal Tax Covenants. shall first be offered for purchase to Statement and any supplements. The The City covenants that it will use, the Trustees of the Sinking Fund and, Director of Finance is authorized to and will restrict the use and invest- if not purchased by them, shall be sign on behalf of the City and in her ment of, the proceeds of the Notes and offered to the Treasury Investment official capacity each Official State- the Bonds in such manner and to such Account for purchase and, if not pur- ment and any supplements approved extent as may be necessary so that chased for that Account, shall be sold by her. The Director of Finance is (a) the Notes and the Bonds will not to one or more firms that have pro- authorized to sign and deliver on (i) constitute private activity bonds, posed to underwrite the Notes and behalf of the City and in her official arbitrage bonds or hedge bonds under have been selected by the Director of capacity such certificates in connec- Sections 141, 148 or 149 of the Internal Finance based on an evaluation of the tion with the accuracy of each Offi- Revenue Code of 1986, as amended qualifications of those firms (the cial Statement and any supplements (the “Code”) or (ii) be treated other “Note Purchaser”) in the principal as may, in the judgment of the Direc- than as bonds to which Section 103(a) amount set forth in a certificate of tor of Finance, be necessary or appro- of the Code applies, and (b) the inter- award to be executed by the Director priate. The Director of Finance is also est thereon will not be treated as an of Finance (the “Note Certificate of authorized to determine and certify item of tax preference under Sec- Award”) at not less than par and on behalf of the City that such disclo- tion 57 of the Code. accrued interest and at a rate not sure document is “deemed final” by The City further covenants that (a) exceeding that set forth in Section 10 the City within the meaning of Secu- it will take or cause to be taken such hereof. The proceeds of such sale rities and Exchange Commission actions that may be required of it for shall be paid into the proper fund and Rule 15c2-12 (the “SEC Rule”). The the interest on the Notes and the used for the purpose for which the Director of Finance is authorized to Bonds to be and to remain excluded Notes are being issued under the pro- contract for services for the produc- from gross income for federal income visions of this Ordinance. tion and distribution of preliminary tax purposes, (b) it will not take or (d) Security for the Notes. The and final Official Statements, includ- authorize to be taken any actions that Notes shall be the full general obliga- ing by printed and electronic means. would adversely affect that exclu- tions of the City, and the full faith, For the benefit of the holders and sion, and (c) it, or persons acting for beneficial owners from time to time of credit and revenue of the City are it, will, among other acts of compli- the Notes or the Bonds, the City hereby pledged for the prompt pay- ance, (i) apply the proceeds of the agrees, in accordance with, and as the ment of the same. The par value to be Notes and the Bonds to the govern- only obligated person with respect to received from the sale of the Notes mental purpose of the borrowing, (ii) the Notes and the Bonds under the and any excess funds resulting from restrict the yield on investment prop- SEC Rule, to provide or cause to be the issuance of the Notes shall, to the erty acquired with those proceeds, provided such financial information extent necessary, be used for the (iii) make timely and adequate pay- and operating data and notices, in ments to the federal government, (iv) retirement of the Notes at maturity, such manner as may be required for maintain books and records and make together with the interest thereon, purposes of the SEC Rule. In order to calculations and reports, and (v) and are hereby pledged for such pur- describe and specify certain terms of refrain from certain uses of those pro- pose. the City’s continuing disclosure ceeds, and, as applicable, of property Section 10. Provision for Levying agreement for that purpose, and and Collecting Tax. During the year thereby to implement that agreement, financed with such proceeds, all in or years while the Notes are outstand- including provisions for enforcement, such manner and to the extent neces- ing there shall be levied on all the amendment and termination, the sary to assure such exclusion of that taxable property in the City, in addi- Director of Finance is authorized and interest under the Code. tion to all other taxes but within tax directed to prepare, or cause to be pre- Each covenant made in this Section limitations, a direct tax annually not pared, and to sign and deliver, in the with respect to the Notes and the less than that which would have been name and on behalf of the City, a con- Bonds is also made with respect to all levied if bonds had been issued there- tinuing disclosure agreement or cer- issues any portion of the debt service for without the prior issue of the tificate, which shall constitute the on which is paid from proceeds of the Notes. That tax shall be and is continuing disclosure agreement Notes or the Bonds (and, if different, ordered computed, certified, levied made by the City for the benefit of the the original issue and any refunding and extended upon the tax duplicate holders and beneficial owners of the issues in a series of refundings), to and collected by the same officers, in Notes or the Bonds, as the case may the extent such compliance is neces- the same manner and at the same be, in accordance with the SEC Rule. sary to assure exclusion of interest on time that taxes for general purposes The performance of that agreement the Notes and the Bonds from gross for each year are certified, extended shall be subject to the availability of income for federal income tax purpos- and collected. That tax shall be funds and their annual appropriation es, and the officers identified above placed before and in preference to all to meet costs the City would be are authorized to take actions with other items and for the full amount required to incur to perform it. The respect to those issues as they are thereof. The funds derived from the Director of Finance is further autho- authorized in this Section to take with tax levies required by this Ordinance rized and directed to establish proce- respect to the Notes and the Bonds. shall be placed in the Unvoted Tax dures in order to ensure compliance The Director of Finance, as the fis- Supported Obligations Account, and by the City with its continuing disclo- cal officer, or any other officer of the those funds, together with the inter- sure agreement, including the timely City having responsibility for est collected on them, shall be irrevo- provision of information and notices. issuance of the Notes and the Bonds is cably pledged for the payment of the Section 12. Miscellaneous. hereby authorized (a) to make or principal and interest of the Notes or (a) Any provisions of the Codified effect any election, selection, desig- the Bonds in anticipation of which Ordinances of the City that are incon- nation, choice, consent, approval, or they are issued, when and as the same sistent with the provisions of this waiver on behalf of the City with falls due; provided, however, that in Ordinance and the General Bond Ordi- respect to the Notes and the Bonds as each year to the extent that revenues nance shall not apply to the Bonds or the City is permitted or required to are available from other sources for the Notes authorized herein. make or give under the federal the payment of the Notes and Bonds (b) All covenants, terms and provi- income tax laws, including, without and are appropriated for such pur- sions of the General Bond Ordinance limitation thereto, any of the elec- pose, the amount of such direct tax are fully applicable to the Bonds and tions provided for in upon all of the taxable property in the the Notes authorized herein, and noth- Section 148(f)(4)(C) of the Code or City may be reduced by the amount of ing in this Ordinance shall be deemed available under Section 148 of the such revenues so available and appro- to alter or restrict such full applica- Code, for the purpose of assuring, priated. tion of the General Bond Ordinance, enhancing or protecting favorable Section 11. Official Statement; Con- except for the exclusion from applica- tax treatment or status of the Notes tinuing Disclosure. If, in the judg- tion to the Bonds and the Notes autho- and the Bonds or interest thereon or ment of the Director of Finance, a dis- rized herein of the provisions of the assisting compliance with require- closure document (each, an “Official third paragraph of Section 13(a) and ments for that purpose, reducing the Statement”) is appropriate or neces- the third paragraph of Section 4 of the burden or expense of such compli- sary in connection with the sale of the General Bond Ordinance, pursuant to ance, reducing the rebate amount or Notes or the Bonds, the Director of Section 2 hereof. payments or penalties, or making Finance is authorized to prepare or Section 13. Captions. The captions payments of special amounts in lieu cause to be prepared on behalf of the or headings in this Ordinance are for of making computations to deter- City an Official Statement with convenience only and in no way mine, or paying, excess earnings as respect to the Notes or the Bonds, as define, limit or describe the scope or rebate, or obviating those amounts or the case may be, and any necessary intent of any provisions or sections of payments, as determined by that offi- supplements and to authorize the use this Ordinance. cer, which action shall be in writing 509 38 The City Record April 11, 2012 and signed by the officer, (b) to take done precedent to and in the issuing cil, it shall take effect and be in force any and all other actions, make or of the Bonds and the Notes in order to immediately upon its passage and obtain calculations, make payments, make them legal, valid and binding approval by the Mayor; otherwise it and make or give reports, covenants obligations of the City have hap- shall take effect and be in force from and certifications of and on behalf of pened, been done and been performed and after the earliest date allowed by the City, as may be appropriate to in regular and due form as required law. assure the exclusion of interest from by law; and that no limitation of Passed April 2, 2012. gross income and the intended tax indebtedness or taxation, either statu- Effective April 9, 2012. status of the Notes and the Bonds, and tory or constitutional, will have been (c) to give one or more appropriate exceeded in the issuance of the Bonds certificates of the City, for inclusion or the Notes. It is further found and in the transcript of proceedings for determined, and is hereby represent- Ord. No. 272-12. the Notes and the Bonds, setting forth ed and recited, that the provisions of By Council Member Sweeney (by the reasonable expectations of the Sections 28, 29, 32, 33 (including the departmental request). City regarding the amount and use of provisions of Section 33 with respect An emergency ordinance authoriz- all the proceeds of the Notes and the to readings on three separate days or ing the issuance and sale of bonds in Bonds, the facts, circumstances and dispensing with such readings by a the maximum principal amount of estimates on which they are based, two-thirds vote of all members of the $520,000 for the purpose of providing and other facts and circumstances rel- Council), 36, 37, 48 and all other funds to improve municipal cemetery evant to the tax treatment of the applicable provisions of the City’s facilities, buildings, structures and interest on and the tax status of the Charter and the rules of this Council grounds and authorizing related mat- Notes and the Bonds. have been fully complied with and ters. Section 15. Credit Enhancement and this Ordinance was passed in confor- Whereas, this Council desires to Ratings. If, in the judgment of the mity therewith. issue bonds in an aggregate principal Director of Finance, based on the Section 19. Delivery to County. The amount not to exceed Five Hundred written advice of a Financial Advisor, Director of Finance is directed to for- Twenty Thousand Dollars ($520,000) the filing of an application for a rat- ward a certified copy of this Ordi- (the “Bonds”) to finance the costs of ing on the Bonds or designated por- nance and of the Certificate of Award certain permanent improvements tion thereof by one or more nationally for the Bonds and any Note Certifi- described in Section 1 of this ordi- recognized rating agencies is in the cate of Award to the appropriate offi- nance (this “Ordinance”); and best interest of the City, the Director cial of the County of Cuyahoga, Ohio Whereas, the Director of Finance, of Finance is authorized to prepare and to secure a receipt therefor. as fiscal officer of this City, has pre- and submit those applications and to Section 20. Severability. Each sec- viously certified to this Council that provide to each such agency such tion and each part of each section of the estimated life or usefulness of the information as may be required for this Ordinance is hereby declared to improvements to be financed with the the purpose. The Director of Finance be an independent section or part of a proceeds of the Bonds is at least five is authorized to contract for one or section and, notwithstanding any years and that the maximum maturi- more Credit Support Instruments for other evidence of legislative intent, it ty of the Bonds is 20 years, a copy of the Bonds or designated portions is hereby declared to be the control- which is contained in File No. 272-12- thereof if the Director determines, ling legislative intent that if any such A; and based on the written advice of a section or part of a section or any pro- Whereas, this Council passed Ordi- Financial Advisor, that the Credit vision thereof, or the application nance No. 1749-80 on October 8, 1980, Support Instruments will result in thereof to any person or circum- and thereafter amended that ordi- debt service savings to the City. As stance, is held to be invalid, the nance by Ordinance No. 1112-83, used in this Section, “Credit Support remaining sections or parts of sec- passed May 6, 1983, and Ordinance No. Instrument” means an insurance poli- tions and the application of such pro- 944-96, passed June 10, 1996 (Ordi- cy, surety, letter of credit, or other visions to any other person or circum- nance No. 1749-80, as so amended and instrument used to enhance or pro- stance, other than those as to which it as the same may further be amended vide for the security of Bonds. The is held invalid, shall not be affected from time to time in accordance with cost of obtaining each rating and the thereby, and it is hereby declared to its provisions, is referred to as the cost of obtaining each Credit Support be the legislative intent that the other “General Bond Ordinance”), provid- Instrument, except to the extent paid provisions of this Ordinance would ing the general terms and provisions by the Original Purchasers in accor- have been passed independently of for the issuance of unvoted general dance with the Bond Purchase Agree- such section, or parts of a section, so obligations of the City, with the spe- ment, shall be paid from the proceeds held to be invalid. cific terms of each series of Bonds to of Bonds or funds appropriated for Section 21. Legislative Intent. All be contained in ordinances authoriz- that purpose. terms, conditions, pledges, covenants ing the issuance of Bonds in accor- Section 16. Financial Advisor. The or agreements on the part of the City dance with the provisions thereof Director of Finance may obtain the provided for in this Ordinance are (the “Series Bond Ordinances”); and services of one or more financial advi- made by the voluntary act of the City Whereas, the authorization for sors, from time to time, to assist the under its lawful authority, including issuance of the Bonds is necessary to Director of Finance in making any of its authority under its Charter and provide funds to pay the costs of cer- the determinations required by this Article XVIII of the Constitution of tain permanent improvements Ordinance to be determined by the Ohio. described in Section 1 hereof that are Director of Finance. The Director of Nothing in this Ordinance is intend- urgently needed for the benefit of the Finance may rely on the written ed to, and no provision hereof shall be City, and as a result, this Ordinance advice of any financial advisor so applied in any manner as would, constitutes an emergency measure retained. Any financial advisor impair the obligation of contract of providing for the immediate preserva- employed under the authority of this the City with respect to any outstand- tion of the public peace, property, Ordinance shall be disinterested in ing bonds, notes, certificates of health and safety, and for the usual the transaction and be independent of indebtedness, other obligations, trust daily operation of a municipal depart- the Original Purchasers and any indentures, trust agreements, or other ment; now, therefore, other party interested in the transac- agreements or contracts made or Be it ordained by the Council of the tion. entered into by the City and for which City of Cleveland: Section 17. Open Meeting Determi- consideration was duly received by Section 1. Purpose. It is deemed nec- nation. It is found and determined the City prior to the passage of this essary to issue the Bonds in an aggre- that all formal actions of this Council Ordinance or the General Bond Ordi- gate principal amount not to exceed and of any of its committees concern- nance. Five Hundred Twenty Thousand Dol- ing and relating to the passage of this Section 22. Emergency Measure. lars ($520,000) for the purpose of pro- Ordinance were taken, and that all This Ordinance is declared to be an viding funds to improve municipal deliberations of this Council and any emergency measure for the immedi- cemetery facilities, buildings, struc- of its committees that resulted in ate preservation of the public peace, tures and grounds by constructing, these formal actions were held, in property, health and safety of the City reconstructing, installing, enlarging, meetings open to the public in compli- by providing funds to pay the costs of renovating, and rehabilitating build- ance with all legal requirements, certain permanent improvements ings, structures and grounds, includ- including, without limitation, Sec- which are urgently needed for the ing clearing, grading and excavating tion 121.22 of the Ohio Revised Code. benefit of the City and for the usual land, reconstructing, installing, reno- Section 18. Findings and Recitals of daily operation of a municipal depart- vating, and rehabilitating septic sys- Validity. It is hereby determined, rep- ment, and, provided this Ordinance tem, drainage and sewer facilities, resented and recited that all acts, con- receives the affirmative vote of two- installing access roadways including ditions and things necessary to be thirds of all members elected to Coun- any necessary bridges and culverts, 510 April 11, 2012 The City Record 39 installing utility lines, laying out and ments such that the total principal Each Term Bond so delivered, or numbering burial plots, constructing and interest payments on the Bonds previously redeemed, or purchased and reconstructing retaining walls, in any fiscal year in which principal and cancelled, shall be credited by the gates and fences, acquiring and is payable is not more than three Escrow Agent at 100% of the princi- installing fences, gates, signage, times the amount of those payments pal amount thereof against the then- waste receptacles and other fixtures, in any other fiscal year. current Mandatory Sinking Fund and planting and landscaping, togeth- The Bonds stated to mature in any Redemption Requirement (and corre- er with all necessary and incidental year may be issued as term bonds (the sponding mandatory redemption appurtenances and the acquisition of “Term Bonds”), payable pursuant to obligation). Any excess of that any required real estate and interests Mandatory Sinking Fund Redemption amount over the then-current Manda- in real estate, and to pay any capital- Requirements as defined and further tory Sinking Fund Redemption ized interest and all expenses described below. The Director of Requirement shall be credited incurred in connection with the Finance shall determine in the Cer- against subsequent Mandatory Sink- issuance of the securities, including tificate of Award whether any of the ing Fund Redemption Requirements all financing costs within the mean- Bonds shall be issued as Term Bonds, (and corresponding mandatory ing of Section 133.01(K) of the Ohio any dates (the “Mandatory Redemp- redemption obligations) in the order Revised Code and such other costs of tion Dates”) on which the principal directed by the Director of Finance. the foregoing permanent improve- amount of the Term Bonds shall be (b) Optional Redemption. The ments that may be financed with the payable pursuant to mandatory sink- Bonds may be subject to redemption proceeds of securities as permitted by ing fund installments rather than at prior to maturity by and at the option Section 133.15(B) of the Ohio Revised stated maturity and the amount of of the City, in whole or in part on any Code and as otherwise permitted by principal to be paid on each Mandato- date, in integral multiples of $5,000, law. ry Redemption Date (the “Mandatory on the optional redemption dates and Section 2. Authority and Terms. The Sinking Fund Redemption Require- at the redemption prices (expressed Bonds shall be issued pursuant to the ments”). as a percentage of the principal provisions of Article XVIII of the Con- The Bonds shall be subject to amount redeemed) specified in the stitution of Ohio, Chapter 133 of the redemption or purchase prior to stat- Certificate of Award, plus, in each Ohio Revised Code and other applica- ed maturity as follows: case, accrued interest to the redemp- ble provisions of the Ohio Revised (a) Mandatory Sinking Fund tion date. The first optional redemp- Code, the Charter of the City, the Gen- Redemption. If any of the Bonds are tion date shall not be later than ten eral Bond Ordinance and this Ordi- issued as Term Bonds, the Term years from the first Interest Payment nance for the purpose stated in Sec- Bonds shall be subject to mandatory Date, and the highest redemption tion 1 hereof. The Bonds shall be des- sinking fund redemption and be price shall not be greater than 102% ignated “Cemeteries Improvement redeemed pursuant to Mandatory of the principal amount redeemed Bonds” and may contain such further Sinking Fund Redemption Require- plus accrued interest to the redemp- designation as provided in the certifi- ments, at a redemption price of 100% tion date. Based on the written advice cate of award providing for the final of the principal amount redeemed, of a financial advisor, the Director of terms of the Bonds and the sale of the plus interest accrued to the redemp- Finance may determine in the Certifi- Bonds signed by the Director of tion date, on the Mandatory Redemp- cate of Award that it is in the best Finance in accordance with this Ordi- tion Dates. interests of the City for some or all of nance (the “Certificate of Award”). The aggregate of the moneys to be the Bonds not to be callable prior to The Bonds shall be issued in one lot deposited with the Escrow Agent, cur- their stated maturity. as fully registered Bonds in denomi- rently The Huntington National If optional redemption at a price nations of $5,000 or any integral mul- Bank, for payment of principal of and exceeding 100% of the principal interest on any Term Bonds shall tiple thereof. The Bonds shall be num- amount to be redeemed is to take include amounts sufficient to redeem bered as determined by the Director place as of any applicable Mandatory on the Mandatory Redemption Dates of Finance. Redemption Date, the Bonds, or por- the principal amount of Term Bonds The Bonds shall be issued in the tions thereof, to be redeemed option- payable on those dates pursuant to principal amount specified in the Cer- ally shall be selected by lot prior to the Mandatory Sinking Fund tificate of Award, which shall not the selection by lot of the Bonds to be Redemption Requirements (less the exceed the amount stated in Section 1 redeemed on the same date by opera- amount of any credit as provided hereof. The Bonds shall be dated the tion of the Mandatory Sinking Fund below). date and shall bear interest from their Redemption Requirements of para- The City shall have the option to date until the principal amount is deliver to the Registrar (as defined in graph (a). The Bonds shall be paid at the rate or rates per year spec- Section 3 hereof) for cancellation redeemed pursuant to this paragraph ified in the Certificate of Award, pro- Term Bonds in any aggregate princi- only upon written notice from the vided that the weighted average of pal amount and to receive a credit Director of Finance to the Registrar. such rates (taking into account the against the then-current Mandatory That notice shall specify the redemp- principal amount and maturity of Sinking Fund Redemption Require- tion date and the principal amount of each Bond to which a rate applies) ment (and corresponding mandatory each maturity of Bonds to be shall not exceed six percent (6%) per redemption obligation) of the City for redeemed, and shall be given at least year. Interest on the Bonds shall be any Term Bonds. That option shall be 45 days prior to the redemption date payable when due, or until the princi- exercised by the City on or before the or such shorter period as shall be pal amount is paid, semiannually as forty-fifth day preceding the applica- acceptable to the Registrar. There specified in the Certificate of Award ble Mandatory Redemption Date, by shall be deposited with the Registrar as the dates on which interest on the furnishing the Escrow Agent a cer- on or prior to the redemption date Bonds shall be payable (the “Interest tificate, signed by the Registrar, set- funds sufficient to redeem at the Payment Dates”), beginning on the ting forth the extent of the credit to redemption price all of the date specified in the Certificate of be applied with respect to the then- redeemable Bonds for which notice of Award as the first Interest Payment current Mandatory Sinking Fund redemption has been given. Date. Redemption Requirement. If the cer- (c) Purchase in Lieu of Redemp- The Bonds shall mature in the tificate is not timely furnished to the tion. If and to the extent provided in years and principal amounts as shall Escrow Agent, the Mandatory Sink- the Certificate of Award, the City may be permitted by law and determined ing Fund Redemption Requirement elect to purchase Bonds called for by the Director of Finance and speci- (and corresponding mandatory optional redemption in lieu of redeem- fied in the Certificate of Award, based redemption obligation) shall not be ing those Bonds. That election shall on the written advice of a Financial reduced. A credit against the then- be exercised by written direction Advisor to be in the best interests of current Mandatory Sinking Fund from the Director of Finance to the the City, provided that (i) each prin- Redemption Requirement (and corre- Registrar and the Escrow Agent. cipal payment shall occur on an Inter- sponding mandatory redemption That written direction shall state est Payment Date, (ii) the first prin- obligation) also shall be received by whether all or less than all of the cipal payment on the Bonds shall be the City for any Term Bonds that Bonds called for optional redemption no earlier than November 15, 2012 and prior thereto have been redeemed are to be purchased by the City in lieu no later than December 31, 2013, (iii) (other than through the operation of of redemption, shall identify the the final maturity date of the Bonds the Mandatory Sinking Fund Bonds to be purchased by their matu- shall be no later than 20 years from Redemption Requirements) or pur- rity date and shall specify the princi- that date which is 12 months prior to chased for cancellation and cancelled pal amount of each maturity to be pur- the first date on which provision for by the Registrar, to the extent not chased in lieu of redemption. If less payment of principal is made, and applied theretofore as a credit than all of the Bonds called for option- (iv) the principal amount thereof against any mandatory redemption al redemption are to be purchased in shall be payable in annual install- obligation. lieu of redemption, the amount of 511 40 The City Record April 11, 2012 each maturity to be purchased shall date fixed for redemption, and (iv) “Record Date”). Notwithstanding any be in amounts of $5,000 or integral the place or places where the amounts contrary provision in the General multiples of $5,000. Any Bonds called due upon redemption are payable. Bond Ordinance, so long as the Bonds for optional redemption that are not The notice shall be given by the Reg- are held by a Depository in a book to be purchased shall be redeemed in istrar on behalf of the City by mailing entry system (as described in Sec- accordance with their redemption pro- a copy of the redemption notice by tion 3 hereof), debt charges on the visions. The purchase price of the first-class mail, postage prepaid, at Bonds will be payable in lawful Bonds to be purchased in lieu of least 30 days prior to the date fixed money of the United States by wire redemption shall be equal to the prin- for redemption (or such period speci- transfer to the Depository made by cipal of, any accrued but unpaid inter- fied in the Certificate of Award), to the Escrow Agent on each Interest est on, and any premium that would the registered owner of each Bond Payment Date. have been payable on the Bonds on subject to redemption in whole or in This Series Bond Ordinance is the redemption date if the Bonds had part at the registered owner’s address enacted pursuant to the General Bond been optionally redeemed instead of shown on the Bond Register main- Ordinance. The General Bond Ordi- being purchased. No notice of the pur- tained by the Registrar at the close of nance, except for the third paragraph chase in lieu of redemption is business on the fifteenth day preced- of Section 13(a) (pertaining general- required to be given to the owners of ing that mailing and to any provider ly to an adjustment of the interest the Bonds in addition to the notice of of a Credit Support Instrument (as rate in an event of default) and the redemption required by this Ordi- defined in Section 15 hereof) for the third paragraph of Section 4 (pertain- nance. The Escrow Agent or Regis- Bonds or designated portions thereof. ing generally to the periods during trar, as paying agent, shall not pur- Failure to receive notice by mail or which the City is not required to make chase Bonds if sufficient moneys any defect in that notice regarding any transfers or exchanges of bonds have not been deposited with the any Bond, however, shall not affect issued under the General Bond Ordi- Escrow Agent or Registrar, as paying the validity of the proceedings for the nance), will apply to the Bonds. agent, by the City for the purpose. On redemption of any Bond. Any notice Except for those provisions, the Gen- or prior to the scheduled date for of redemption of any Bonds may spec- eral Bond Ordinance is included as a optional redemption, the City may ify that the redemption is contingent part of this Ordinance as fully as if rescind its direction to purchase the on the deposit of moneys with the restated in this Ordinance. Words and Bonds in lieu of redemption by writ- Escrow Agent or Registrar, as paying terms not otherwise defined in this ten notice from the Director of agent, on or prior to the redemption Ordinance shall have the same mean- Finance to the Registrar and the date in an amount sufficient to pay ing as set forth in the General Bond Escrow Agent. In the event that the the redemption price of the Bonds to Ordinance. direction to purchase is rescinded, the be redeemed. Section 3. Execution, Authentica- Bonds shall be redeemed on the (f) Payment of Redeemed Bonds. tion, Approval and Recording of the redemption date set forth in the notice Notice having been mailed in the man- Bonds; Exchange and Transfer of the of redemption delivered to the owners ner provided in the preceding para- Bonds; Paying Agents. The Bonds of the Bonds and in accordance with graph, and moneys having been shall express upon their faces the pur- the provisions of this Ordinance. deposited by the City with the Escrow pose for which they are issued and (d) Partial Redemption or Pur- Agent or Registrar, as paying agent, that they are issued pursuant to this chase. If fewer than all of the out- in an amount sufficient to pay the Ordinance. Pursuant to Section 4 of standing Bonds are called for redemp- redemption price, the Bonds and por- the General Bond Ordinance, each tion at one time (whether for redemp- tions thereof called for redemption Bond shall be authenticated by the tion or purchase in lieu of redemp- shall become due and payable on the manual signature of an authorized tion), they shall be called in the order redemption date, and, upon presenta- officer of the Trustee (as defined of maturities directed by the Director tion and surrender at the place or therein). The Bonds shall be signed of Finance. If fewer than all Bonds of places specified in that notice, shall by the City’s Mayor and by the City’s a single maturity are to be redeemed be paid. If money for the redemption Director of Finance, and, consistent or purchased in lieu of redemption, of all of the Bonds and portions therewith Section 133.27 of the Ohio the selection of Bonds to be redeemed of to be redeemed, including interest Revised Code and notwithstanding or purchased, or portions thereof in accrued to the redemption date, is Section 177.02 of the Codified Ordi- amounts of $5,000 or any integral mul- held by the Registrar on the redemp- nances of the City, either or both of tiple thereof, shall be made by the tion date, and, if notice of redemption those signatures may be a facsimile. Registrar by lot in a manner deter- has been deposited in the mail, then The Bonds shall bear the seal of the mined by the Registrar. In the case of from and after the redemption date City, which seal may be a facsimile a partial redemption or purchase of those Bonds and portions thereof seal. Pursuant to Section 83 of the Bonds by lot when Bonds of denomi- called for redemption shall cease to nations greater than $5,000 are then bear interest and no longer shall be City’s Charter, the Director of Law outstanding, each $5,000 unit of prin- considered to be outstanding. If that shall prepare the Bonds and shall cipal thereof shall be treated as money shall not be so available on the endorse thereon his approval of the though it were a separate Bond of the redemption date, or that notice shall form and correctness thereof by his denomination of $5,000. If it is deter- not have been deposited in the mail, manual or facsimile signature. mined that one or more, but not all of those Bonds and portions thereof U.S. Bank National Association is the $5,000 units of principal amount shall continue to bear interest, until appointed to act as the authenticating represented by a Bond are to be called they are paid, at the same rate as they agent, bond registrar, transfer agent for redemption, then upon notice of would have borne had they not been and paying agent for the Bonds (the redemption of a $5,000 unit or units, called for redemption. All money held “Registrar”). The Registrar shall also the registered owner of that Bond by the Registrar for the redemption of act as paying agent for the Bonds so shall surrender the Bond to the Regis- particular Bonds shall be held in trust long as the Bonds are held in a book trar (i) for payment of the redemption for the account of the registered own- entry system. The Director of Finance or purchase price of the $5,000 unit or ers and shall be paid to them, respec- is authorized to sign and deliver, in units called for redemption (includ- tively, upon presentation and surren- the name and on behalf of the City, an ing, without limitation, the interest der of those Bonds. agreement between the City and the accrued to the date fixed for redemp- The debt charges on the Bonds Registrar (the “Registrar Agree- tion and any premium), and (ii) for shall be payable in lawful money of ment”), approved as to form and cor- issuance, without charge to the regis- the United States of America without rectness by the Director of Law, pro- tered owner thereof, of a new Bond or deduction for the services of the Reg- viding for services relating to the reg- Bonds of any authorized denomina- istrar or Escrow Agent as paying istration, transfer, exchange and pay- tion or denominations in an aggre- agent. Principal shall be payable ment of the Bonds on terms approved gate principal amount equal to the when due upon presentation and sur- by the Director of Finance on behalf unmatured portion of the Bond not render of the Bonds at the principal of the City and consistent with this redeemed or purchased and bearing corporate trust office of the Regis- Ordinance and not substantially interest at the same rate and matur- trar. Interest on a Bond shall be paid adverse to the City. That approval ing on the same date as the Bond sur- on each Interest Payment Date by shall be conclusively evidenced by rendered. check or draft mailed to the person in the signing of the Registrar Agree- (e) Notice of Redemption. The whose name the Bond was registered, ment by the Director of Finance. The notice of the call for redemption of and to that person’s address appear- Director of Finance shall provide for Bonds shall identify (i) by designa- ing, on the Bond Register (as defined the payment of the services rendered tion, letters, numbers or other distin- in Section 3 hereof) at the close of and for reimbursement of expenses guishing marks, the Bonds or por- business on the date provided in the incurred pursuant to the Registrar tions thereof to be redeemed, (ii) the Registrar Agreement authorized and Agreement from the proceeds of the redemption price to be paid, (iii) the defined in Section 3 hereof (the Bonds to the extent available and 512 April 11, 2012 The City Record 41 then from other money lawfully avail- “Book entry form” or “book entry entry system for the Bonds, after able and appropriated or to be appro- system” means a form or system determining that the signing thereof priated for that purpose. under which (i) the ownership of ben- will not endanger the funds or securi- So long as any of the Bonds remain eficial interests in Bonds and the prin- ties of the City and after the approval outstanding, the City will cause the cipal of and interest on the Bonds may of the form of any such agreement by Registrar to maintain and keep at its be transferred only through a book the Director of Law. principal corporate trust office all entry, and (ii) physical Bond certifi- Section 4. Sale of Bonds. The Bonds books and records necessary for the cates in fully registered form are shall first be offered for purchase to registration, exchange and transfer issued by the City only to a Deposito- the Trustees of the Sinking Fund and, of Bonds as provided in this Section ry or its nominee as registered owner, if not purchased by them, shall be (the “Bond Register”). The person in with the Bonds “immobilized” in the offered to the Treasury Investment whose name a Bond is registered on custody of the Depository. The book Account for purchase and, if not pur- the Bond Register shall be regarded entry maintained by others than the chased for that Account, shall be sold as the absolute owner of that Bond for City is the record that identifies the to one or more firms that have pro- all purposes of this Ordinance. Pay- owners of beneficial interests in those posed to underwrite the Bonds and ment of or on account of the debt Bonds and that principal and interest. have been selected by the Director of charges on any Bond shall be made “Depository” means any securities Finance based on an evaluation of the only to or upon the order of that per- depository that is a clearing agency qualifications of those firms (collec- son; neither the City nor the Registrar under federal law operating and tively, the “Original Purchaser”). shall be affected by any notice to the maintaining, with its Participants or The Bonds shall be awarded to the contrary, but the registration may be otherwise, a book entry system to Original Purchaser in the Certificate changed as provided in this Section. record ownership of beneficial inter- of Award which shall specify the All such payments shall be valid and ests in bonds or the principal and final terms of the Bonds in accor- effectual to satisfy and discharge the interest, and to effect transfers of dance with law, the provisions of this City’s liability upon the Bond, includ- bonds, in book entry form, and Ordinance, the written advice of a ing interest, to the extent of the includes and means initially The financial advisor retained under amount or amounts so paid. Depository Trust Company (a limited authority of Section 16 hereof and the Any Bond may be exchanged for purpose trust company), New York, Original Purchaser’s offer to pur- Bonds of any authorized denomina- New York. chase the Bonds, including: the prin- tion upon presentation and surrender “Participant” means any partici- cipal amount of the Bonds, the pur- at the principal corporate trust office pant contracting with a Depository chase price (which shall be not less of the Registrar, together with a under a book entry system and than 97% of the principal amount of request for exchange signed by the includes security brokers and dealers, the Bonds plus any accrued interest to registered owner or by a person legal- banks and trust companies, and clear- their date of delivery), interest rate or ly empowered to do so in a form satis- ing corporations. rates, the amounts and years in which factory to the Registrar. A Bond may The Bonds may be issued to a principal installments are payable be transferred only on the Bond Reg- Depository for use in a book entry (at stated maturity or pursuant to ister upon presentation and surrender system and, if and as long as a book Mandatory Sinking Fund Redemption of the Bond at the principal corporate entry system is utilized: (i) the Bonds Requirements), the Interest Payment trust office of the Registrar together may be issued in the form of a single, Dates and the date of the Bonds and with an assignment signed by the reg- fully registered Bond representing any other matters required in this istered owner or by a person legally each maturity and registered in the Ordinance to be set forth in that Cer- empowered to do so in a form satis- name of the Depository or its nomi- tificate. As appropriate under the factory to the Registrar. Upon nee, as registered owner, and immobi- Charter, the Mayor, Director of exchange or transfer the Registrar lized in the custody of the Depository; Finance, Director of Law, Clerk of shall complete, authenticate and (ii) the beneficial owners in book Council and other appropriate offi- deliver a new Bond or Bonds of any entry form shall have no right to cers of the City are, and each of them authorized denomination or denomi- receive Bonds in the form of physical is, authorized to take such actions as nations requested by the owner equal securities or certificates; (iii) owner- are necessary, appropriate and in the in the aggregate to the unmatured ship of beneficial interests in book best interest of the City to establish principal amount of the Bond surren- entry form shall be shown by book the terms and requirements for deliv- dered and bearing interest at the entry on the system maintained and ery of the Bonds and to make such same rate and maturing on the same operated by the Depository and its arrangements as are necessary with date. Participants, and transfers of the the Original Purchaser in order to If manual signatures on behalf of ownership of beneficial interests establish the date, location, proce- the City are required, the Registrar shall be made only by book entry by dures, and conditions for the delivery shall undertake the exchange or the Depository and its Participants; of the Bonds to the Original Purchas- transfer of Bonds only after the new and (iv) the Bonds as such shall not er, to give all appropriate notices and Bonds are signed by the authorized be transferable or exchangeable, certificates, to cause a true transcript officers of the City. In all cases of except for transfer to another Deposi- of proceedings with reference to the Bonds exchanged or transferred, the tory or to another nominee of a Depos- issuance of the Bonds to be delivered City shall sign and the Registrar itory, without further action by the to the Original Purchaser, to sign any shall authenticate and deliver Bonds City. transcript certificates, financial in accordance with the provisions of If any Depository determines not to statements and other documents and this Ordinance. The exchange or continue to act as a Depository for the instruments and to take such actions transfer shall be without charge to Bonds for use in a book entry system, as are necessary or appropriate to the owner, except that the City and the Director of Finance may attempt consummate the transactions contem- Registrar may make a charge suffi- to establish a securities depo - plated by this Ordinance and to take cient to reimburse them for any tax or sitory/book entry relationship with all steps necessary to effect the due other governmental charge required another qualified Depository. If the execution, authentication and deliv- to be paid with respect to the Director of Finance does not or is ery of the Bonds. The Director of exchange or transfer. The City or the unable to do so, the Registrar, after Finance is further authorized to sign Registrar may require that those making provision for notification of and deliver on behalf of the City a charges, if any, be paid before the pro- the beneficial owners by the then bond purchase agreement between cedure is begun for the exchange or Depository and any other arrange- the City and the Original Purchaser transfer. All Bonds issued and ments deemed necessary, shall permit (the “Bond Purchase Agreement”), authenticated upon any exchange or withdrawal of the Bonds from the approved as to form and correctness transfer shall be valid obligations of Depository, and the Trustee and Reg- by the Director of Law, setting forth the City, evidencing the same debt, istrar shall authenticate and deliver the terms and conditions on which the and entitled to the same security and bond certificates in registered form to City agrees to sell the Bonds and the benefit under this Ordinance, as the the assigns of the Depository or its Original Purchaser agrees to buy the Bonds surrendered upon that nominee, all at the cost and expense Bonds, which shall be consistent with exchange or transfer. (including any costs of printing), if this Ordinance, not substantially Notwithstanding any other provi- the event is not the result of City adverse to the City, and approved by sions of this Ordinance, if it is deter- action or inaction, of those persons the Director of Finance and Director mined by the Director of Finance to requesting such issuance. of Law on behalf of the City, all of be advantageous to the City, the The Director of Finance is also which shall be conclusively evi- Bonds may be issued in book entry hereby authorized and directed to the denced by the signing of the Bond form in accordance with the provi- extent necessary or required to enter Purchase Agreement by the Director sions of this Section. As used in this into any agreements determined nec- of Finance. It is determined that the Section and this Ordinance: essary in connection with the book terms of the Bonds, as provided in this 513 42 The City Record April 11, 2012

Ordinance and as may be provided in suant to Section 15 hereof shall be committed, except as hereinafter pro- or pursuant to the Certificate of paid to the provider or providers of vided), as will be sufficient, together Award, are in the best interest of the those Credit Support Instruments. with moneys referred to in (i) above, City and in compliance with all legal The proceeds of the Bonds to be used for the payment, at their maturities or requirements. to pay costs of issuing the Bonds shall redemption dates, of all debt charges Pursuant to Section 133.30(B) of the be deposited with the Registrar in a on the Bonds to their date of maturity Ohio Revised Code, the Director of separate account under the Registrar or redemption, as the case may be, or Finance may combine the Bonds with Agreement pending their application if default in such payment shall have other bonds into a single consolidated to the payment of such costs. Pur- occurred on such date then to the date issue of bonds for purposes of their suant to Chapter 133 of the Ohio of the tender of such payment; provid- sale as a single issue to be designated Revised Code and this Ordinance, and ed, that if any Bonds are to be “Various Purpose General Obligation notwithstanding Chapter 179 of the redeemed prior to the maturity there- Bonds, Series 2012” or such other des- Codified Ordinances, any accrued of, notice of such redemption shall ignation as may be set forth in the interest and any premium received have been duly given or irrevocable Certificate of Award. Such bonds from the sale of the Bonds shall be provision satisfactory to the Trustee shall contain a summary statement of deposited in the Unvoted Tax Sup- shall have been duly made for the giv- purposes encompassing the purpose ported Obligations Account of the ing of such notice. Any moneys held for which the Bonds are issued and Sinking Fund to be applied to the pay- by the Escrow Agent in accordance shall state that they are issued pur- ment of the principal of and interest with the provisions of this Section suant to this Ordinance. on the Bonds. shall be invested by the Escrow Section 5. Provision for Levying Section 7. General Obligation. The Agent in direct obligations of the and Collecting Tax. For the purpose Bonds are secured by a pledge and United States of America maturing, or of providing the necessary funds to lien on a parity with the pledges and redeemable at the option of the hold- pay the interest on the Bonds prompt- liens authorized by the General Bond er, at times and in amounts sufficient ly when and as the same falls due, Ordinance and, in addition to the to meet payment of debt charges on and also to provide for the discharge taxes and revenues specifically the Bonds, as directed by the Director of the Bonds at maturity, there shall pledged pursuant to this Ordinance of Finance. Any income or interest be and is levied on all the taxable and the General Bond Ordinance and earned by, or increment to, the invest- property in the City, in addition to all the other covenants, terms and agreements held under this Section shall, to other taxes, a direct tax annually dur- ments provided hereunder and in the the extent determined from time to ing the period the Bonds are out- General Bond Ordinance to secure time by the Escrow Agent to be in standing, in an amount sufficient to payment of the principal of and inter- excess of the amount required to be provide for the payment of that interest on the Bonds, the City hereby held by it for the purposes of this Sec- est, when and as the same shall fall determines, declares, warrants and tion, be transferred at the time of due, and also to discharge the princi- covenants that the Bonds are general such determination as provided in pal of the Bonds at maturity, which obligations of the City and that the Section 17(a) of the General Bond tax shall not be less than the interest full faith and credit of the City are Ordinance for unclaimed funds held and sinking fund tax required by Sec- hereby pledged for the payment of the by a Paying Agent. In the event of tion 11 of Article XII of the Constitu- principal of and interest on the Bonds nonpresentment of any Bond as tion of Ohio. in accordance with the laws and Con- described in Section 17(a) of the Gen- The tax shall be and is ordered com- stitution of the State of Ohio, this eral Bond Ordinance, the moneys held puted, certified, levied and extended Ordinance and the General Bond Ordi- pursuant to this Section shall be held upon the tax duplicate and collected nance. and paid as provided in said Sec- by the same officers, in the same man- Section 8. Defeasance. tion 17(a) for unclaimed funds held ner and at the same time that taxes (a) Release of Ordinance. If the by a Paying Agent. for general purposes for each of those City shall pay or cause to be paid and Section 9. Bond Anticipation Notes. years are certified, extended and col- discharged all the outstanding Bonds, For the purpose of raising money in lected. The tax shall be placed before or there shall otherwise be paid to the anticipation of the issuance of the and in preference to all other items holders of the outstanding Bonds all Bonds for the purpose set forth in Sec- and for the full amount thereof. The debt charges due or to become due tion 1 hereof, notes of the City may be funds derived from those tax levies thereon, and provision shall also be issued in an aggregate principal shall be placed in the Unvoted Tax made for paying all other sums amount not to exceed Five Hundred Supported Obligations Account of the payable hereunder, then and in that Twenty Thousand Dollars ($520,000) Sinking Fund as required by the Gen- event this Ordinance (except for Sec- (the “Notes”) upon the direction of the eral Bond Ordinance, and those funds, tion 8(b) hereof) shall cease to be of Director of Finance to be set forth in a together with the interest collected on further effect, and the covenants, certificate providing for the final them, shall be irrevocably pledged for agreements and other obligations of terms of the Notes and the sale of the the payment of principal of and inter- the City under this Ordinance shall be Notes and signed by the Director of est on the Bonds when and as the discharged and satisfied, and there- Finance (the “Note Certificate of same fall due; provided, however, upon the Trustee shall at the request Award”). that, subject to the provisions of Sec- of the City execute and deliver to the (a) Terms of the Notes. The Notes tion 8 of the General Bond Ordinance, City such instruments in writing as shall bear interest at such rate, not in each year to the extent that rev- shall discharge the lien hereof and exceeding six percent (6%) per year, enues are available from other enter on the record such discharge of as may be fixed by the Director of sources for the payment of the Bonds the lien and such other instruments as Finance of the City in the Note Cer- and are appropriated for such pur- may be reasonably required by the tificate of Award; shall be dated their pose, the amount of such tax shall be City. date of issuance; shall mature on the reduced by the amount of such rev- (b) Payment and Discharge of date set forth in the Note Certificate enues so available and appropriated. Bonds. Outstanding Bonds shall be of Award, which shall be no later than This Council hereby covenants, on deemed to have been paid and dis- five years from such date of issuance; behalf of the City and its officials, charged within the meaning of this shall be subject to redemption by the pursuant to the authorization under Ordinance, including without limita- City at any time prior to maturity Sections 133.25(B)(1) and 5705.51 of tion, Section 8(a) hereof, if: without penalty, provided that, if the the Ohio Revised Code, and in accor- (i) the Escrow Agent or Paying Director of Finance, based on the dance with the provisions of and to Agent shall hold in special accounts advice of a financial advisor, deter- the extent required or permitted by or subaccounts, in trust for and irrev- mines that it is in the best interest of the General Bond Ordinance, that the ocably committed solely thereto, suf- the City in order to enhance the mar- City will appropriate annually from ficient moneys; or ketability of the Notes, the Director of the proceeds of the City’s municipal (ii) the Escrow Agent shall hold in Finance may cause the Notes to not be income taxes an amount as is neces- special accounts or subaccounts, in redeemable for a period which ends sary to meet the annual debt charges trust for and irrevocably committed no later than the date which is two for the Bonds. solely thereto, direct obligations of years following the date of issuance Section 6. Application of Proceeds. the United States certified by an inde- of the Notes; shall be designated The proceeds from the sale of the pendent public accounting firm of “Cemeteries Improvement Bond Bonds, except for accrued interest national reputation to be of such Anticipation Notes”; shall be issued in thereon and any premium, shall be maturities and interest payment such numbers and denominations as expended and applied for the objects dates and to bear such interest, with- may be requested by the Note Pur- and purposes for which the Bonds are out further investment or reinvest- chaser (hereinafter defined); and issued. The proceeds of the Bonds to ment of either the principal amount shall be issued in fully registered be applied to pay costs of any Credit thereof or the interest earnings there- form (which may be in a book entry Support Instruments obtained pur- from (likewise to be held in trust and only system) in denominations of 514 April 11, 2012 The City Record 43

$5,000 or integral multiples thereof. trar shall undertake the exchange or hereby pledged for the prompt pay- Interest shall be payable semiannual- transfer of Notes only after the new ment of the same. The par value to be ly on the dates set forth in the Note Notes are signed by the authorized received from the sale of the Notes Certificate of Award; provided that if officers of the City. In all cases of and any excess funds resulting from the Notes mature on or before the end Notes exchanged or transferred, the the issuance of the Notes shall, to the of the twelfth month following their City shall sign and the Note Registrar extent necessary, be used for the date of issuance, interest on the Notes shall authenticate and deliver Notes retirement of the Notes at maturity, shall be payable at maturity. in accordance with the provisions of together with the interest thereon, U.S. Bank National Association is this Ordinance. The exchange or and are hereby pledged for such pur- appointed to act as the authenticating transfer shall be without charge to pose. agent, registrar, transfer agent and the owner, except that the City and Section 10. Provision for Levying paying agent for the Notes (the “Note Note Registrar may make a charge and Collecting Tax. During the year Registrar”). The Escrow Agent also sufficient to reimburse them for any or years while the Notes are outstand- shall act as paying agent for the tax or other governmental charge ing there shall be levied on all the Notes if the Notes are held in a book required to be paid with respect to the taxable property in the City, in addi- entry system. The Director of Finance exchange or transfer. The City or the tion to all other taxes but within tax shall sign and deliver, in the name Note Registrar may require that those limitations, a direct tax annually not and on behalf of the City, an agree- charges, if any, be paid before the pro- less than that which would have been ment among the City, the Note Regis- cedure is begun for the exchange or levied if bonds had been issued there- trar and the Escrow Agent (the “Note transfer. All Notes issued and authen- for without the prior issue of the Registrar Agreement”) providing for ticated upon any exchange or trans- Notes. That tax shall be and is services relating to the registration, fer shall be valid obligations of the ordered computed, certified, levied transfer, exchange and payment of City, evidencing the same debt, and and extended upon the tax duplicate Notes on terms that are approved by entitled to the same security and ben- and collected by the same officers, in the Director of Finance on behalf of efit under this Ordinance, as the Notes the same manner and at the same the City. That approval shall be con- surrendered upon that exchange or time that taxes for general purposes clusively evidenced by the signing of transfer. for each year are certified, extended the Note Registrar Agreement by the Pursuant to Section 133.30(B) of the and collected. That tax shall be Director of Finance. The Director of Ohio Revised Code, the Director of placed before and in preference to all Finance shall provide for the pay- Finance may combine the Notes with other items and for the full amount ment of the services rendered and for other bond anticipation notes of the thereof. The funds derived from the reimbursement of expenses incurred City for purposes of their sale as a sin- tax levies required by this Ordinance pursuant to the Note Registrar Agree- gle issue to be designated “Various shall be placed in the Unvoted Tax ment from the proceeds of the Notes to Purpose General Obligation Bond Supported Obligations Account, and the extent available and then from Anticipation Notes.” The Notes shall those funds, together with the inter- other money lawfully available and contain a summary statement of pur- est collected on them, shall be irrevo- appropriated or to be appropriated for poses encompassing the purpose for cably pledged for the payment of the that purpose. which the Notes are issued and shall principal and interest of the Notes or So long as any of the Notes remain state that they are issued pursuant to the Bonds in anticipation of which outstanding, the City will cause the this Ordinance. they are issued, when and as the same Note Registrar to maintain and keep (b) Execution and Payment of the falls due; provided, however, that in at its principal corporate trust office Notes. The Notes shall express upon each year to the extent that revenues all books and records necessary for their faces the purpose for which they are available from other sources for the registration, exchange and trans- are issued and that they are issued the payment of the Notes and Bonds fer of Notes as provided in this Section pursuant to this Ordinance. Each Note and are appropriated for such pur- (the “Note Register”). The person in shall be authenticated by the manual pose, the amount of such direct tax whose name a Note is registered on signature of an authorized officer of upon all of the taxable property in the the Note Register shall be regarded as the Trustee (as defined therein). The City may be reduced by the amount of the absolute owner of that Note for all Notes shall be signed by the City’s such revenues so available and appro- purposes of this Ordinance. Payment Mayor and by the City’s Director of priated. of or on account of the debt charges Finance, and, consistent with Section Section 11. Official Statement; Con- on any Note shall be made only to or 133.27 of the Ohio Revised Code and tinuing Disclosure. If, in the judg- upon the order of that person; neither notwithstanding Section 177.02 of the ment of the Director of Finance, a dis- the City nor the Note Registrar shall Codified Ordinances of the City, closure document (each, an “Official be affected by any notice to the con- either or both of those signatures may Statement”) is appropriate or neces- trary, but the registration may be be a facsimile. The Notes shall bear sary in connection with the sale of the changed as provided in this Section. the seal of the City, which seal may be Notes or the Bonds, the Director of All such payments shall be valid and a facsimile seal. Pursuant to Sec- Finance is authorized to prepare or effectual to satisfy and discharge the tion 83 of the City’s Charter, the Direc- cause to be prepared on behalf of the City’s liability upon the Note, includ- tor of Law shall prepare the Notes and City an Official Statement with ing interest, to the extent of the shall endorse thereon his approval of respect to the Notes or the Bonds, as amount or amounts so paid. the form and correctness thereof by the case may be, and any necessary Any Note may be exchanged for his manual or facsimile signature. supplements and to authorize the use Notes of any authorized denomination (c) Sale of the Notes. The Notes and distribution of each Official upon presentation and surrender at shall first be offered for purchase to Statement and any supplements. The the principal corporate trust office of the Trustees of the Sinking Fund and, Director of Finance is authorized to the Note Registrar, together with a if not purchased by them, shall be sign on behalf of the City and in her request for exchange signed by the offered to the Treasury Investment official capacity each Official State- registered owner or by a person legal- Account for purchase and, if not pur- ment and any supplements approved ly empowered to do so in a form satis- chased for that Account, shall be sold by her. The Director of Finance is factory to the Note Registrar. A Note to one or more firms that have pro- authorized to sign and deliver on may be transferred only on the Note posed to underwrite the Notes and behalf of the City and in her official Register upon presentation and sur- have been selected by the Director of capacity such certificates in connec- render of the Note at the principal cor- Finance based on an evaluation of the tion with the accuracy of each Offi- porate trust office of the Note Regis- qualifications of those firms (the cial Statement and any supplements trar together with an assignment “Note Purchaser”) in the principal as may, in the judgment of the Direc- signed by the registered owner or by amount set forth in a certificate of tor of Finance, be necessary or appro- a person legally empowered to do so award to be executed by the Director priate. The Director of Finance is also in a form satisfactory to the Note Reg- of Finance (the “Note Certificate of authorized to determine and certify istrar. Upon exchange or transfer the Award”) at not less than par and on behalf of the City that such disclo- Note Registrar shall complete, accrued interest and at a rate not sure document is “deemed final” by authenticate and deliver a new Note exceeding that set forth in Section 10 the City within the meaning of Secu- or Notes of any authorized denomina- hereof. The proceeds of such sale rities and Exchange Commission tion or denominations requested by shall be paid into the proper fund and Rule 15c2-12 (the “SEC Rule”). The the owner equal in the aggregate to used for the purpose for which the Director of Finance is authorized to the unmatured principal amount of Notes are being issued under the pro- contract for services for the produc- the Note surrendered and bearing visions of this Ordinance. tion and distribution of preliminary interest at the same rate and matur- (d) Security for the Notes. The and final Official Statements, including on the same date. Notes shall be the full general obliga- ing by printed and electronic means. If manual signatures on behalf of tions of the City, and the full faith, For the benefit of the holders and the City are required, the Note Regis- credit and revenue of the City are beneficial owners from time to time of 515 44 The City Record April 11, 2012 the Notes or the Bonds, the City it, will, among other acts of compli- ing on the Bonds or designated por- agrees, in accordance with, and as the ance, (i) apply the proceeds of the tion thereof by one or more nationally only obligated person with respect to Notes and the Bonds to the govern- recognized rating agencies is in the the Notes and the Bonds under the mental purpose of the borrowing, (ii) best interest of the City, the Director SEC Rule, to provide or cause to be restrict the yield on investment prop- of Finance is authorized to prepare provided such financial information erty acquired with those proceeds, and submit those applications and to and operating data and notices, in (iii) make timely and adequate pay- provide to each such agency such such manner as may be required for ments to the federal government, (iv) information as may be required for purposes of the SEC Rule. In order to maintain books and records and make the purpose. The Director of Finance describe and specify certain terms of calculations and reports, and (v) is authorized to contract for one or the City’s continuing disclosure refrain from certain uses of those pro- more Credit Support Instruments for agreement for that purpose, and ceeds, and, as applicable, of property the Bonds or designated portions thereby to implement that agreement, financed with such proceeds, all in thereof if the Director determines, including provisions for enforcement, such manner and to the extent neces- based on the written advice of a amendment and termination, the sary to assure such exclusion of that Financial Advisor, that the Credit Director of Finance is authorized and interest under the Code. Support Instruments will result in directed to prepare, or cause to be pre- Each covenant made in this Section debt service savings to the City. As pared, and to sign and deliver, in the with respect to the Notes and the used in this Section, “Credit Support name and on behalf of the City, a con- Bonds is also made with respect to all Instrument” means an insurance poli- tinuing disclosure agreement or cer- issues any portion of the debt service cy, surety, letter of credit, or other tificate, which shall constitute the on which is paid from proceeds of the instrument used to enhance or pro- continuing disclosure agreement Notes or the Bonds (and, if different, vide for the security of Bonds. The made by the City for the benefit of the the original issue and any refunding cost of obtaining each rating and the holders and beneficial owners of the issues in a series of refundings), to cost of obtaining each Credit Support Notes or the Bonds, as the case may the extent such compliance is neces- Instrument, except to the extent paid be, in accordance with the SEC Rule. sary to assure exclusion of interest on by the Original Purchasers in accor- The performance of that agreement the Notes and the Bonds from gross dance with the Bond Purchase Agree- shall be subject to the availability of income for federal income tax purpos- ment, shall be paid from the proceeds funds and their annual appropriation es, and the officers identified above of Bonds or funds appropriated for to meet costs the City would be are authorized to take actions with that purpose. required to incur to perform it. The respect to those issues as they are Section 16. Financial Advisor. The Director of Finance is further autho- authorized in this Section to take with Director of Finance may obtain the rized and directed to establish proce- respect to the Notes and the Bonds. services of one or more financial advi- dures in order to ensure compliance The Director of Finance, as the fis- sors, from time to time, to assist the by the City with its continuing disclo- cal officer, or any other officer of the Director of Finance in making any of sure agreement, including the timely City having responsibility for the determinations required by this provision of information and notices. issuance of the Notes and the Bonds is Ordinance to be determined by the Section 12. Miscellaneous. hereby authorized (a) to make or Director of Finance. The Director of (a) Any provisions of the Codified effect any election, selection, desig- Finance may rely on the written Ordinances of the City that are incon- nation, choice, consent, approval, or advice of any financial advisor so sistent with the provisions of this waiver on behalf of the City with retained. Any financial advisor Ordinance and the General Bond Ordi- respect to the Notes and the Bonds as employed under the authority of this nance shall not apply to the Bonds or the City is permitted or required to Ordinance shall be disinterested in the Notes authorized herein. make or give under the federal the transaction and be independent of (b) All covenants, terms and provi- income tax laws, including, without the Original Purchasers and any sions of the General Bond Ordinance limitation thereto, any of the elec- other party interested in the transac- are fully applicable to the Bonds and tions provided for in tion. the Notes authorized herein, and noth- Section 148(f)(4)(C) of the Code or Section 17. Open Meeting Determi- ing in this Ordinance shall be deemed available under Section 148 of the nation. It is found and determined to alter or restrict such full applica- Code, for the purpose of assuring, that all formal actions of this Council tion of the General Bond Ordinance, enhancing or protecting favorable and of any of its committees concern- except for the exclusion from applica- tax treatment or status of the Notes ing and relating to the passage of this tion to the Bonds and the Notes autho- and the Bonds or interest thereon or Ordinance were taken, and that all rized herein of the provisions of the assisting compliance with require- deliberations of this Council and any third paragraph of Section 13(a) and ments for that purpose, reducing the of its committees that resulted in the third paragraph of Section 4 of the burden or expense of such compli- these formal actions were held, in General Bond Ordinance, pursuant to ance, reducing the rebate amount or meetings open to the public in compli- Section 2 hereof. payments or penalties, or making ance with all legal requirements, Section 13. Captions. The captions payments of special amounts in lieu including, without limitation, Sec- or headings in this Ordinance are for of making computations to deter- tion 121.22 of the Ohio Revised Code. convenience only and in no way mine, or paying, excess earnings as Section 18. Findings and Recitals of define, limit or describe the scope or rebate, or obviating those amounts or Validity. It is hereby determined, rep- intent of any provisions or sections of payments, as determined by that offi- resented and recited that all acts, con- this Ordinance. cer, which action shall be in writing ditions and things necessary to be Section 14. Federal Tax Covenants. and signed by the officer, (b) to take done precedent to and in the issuing The City covenants that it will use, any and all other actions, make or of the Bonds and the Notes in order to and will restrict the use and invest- obtain calculations, make payments, make them legal, valid and binding ment of, the proceeds of the Notes and and make or give reports, covenants obligations of the City have hap- the Bonds in such manner and to such and certifications of and on behalf of pened, been done and been performed extent as may be necessary so that the City, as may be appropriate to in regular and due form as required (a) the Notes and the Bonds will not assure the exclusion of interest from by law; and that no limitation of (i) constitute private activity bonds, gross income and the intended tax indebtedness or taxation, either statu- arbitrage bonds or hedge bonds under status of the Notes and the Bonds, and tory or constitutional, will have been Sections 141, 148 or 149 of the Internal (c) to give one or more appropriate exceeded in the issuance of the Bonds Revenue Code of 1986, as amended certificates of the City, for inclusion or the Notes. It is further found and (the “Code”) or (ii) be treated other in the transcript of proceedings for determined, and is hereby represent- than as bonds to which Section 103(a) the Notes and the Bonds, setting forth ed and recited, that the provisions of of the Code applies, and (b) the inter- the reasonable expectations of the Sections 28, 29, 32, 33 (including the est thereon will not be treated as an City regarding the amount and use of provisions of Section 33 with respect item of tax preference under Sec- all the proceeds of the Notes and the to readings on three separate days or tion 57 of the Code. Bonds, the facts, circumstances and dispensing with such readings by a The City further covenants that (a) estimates on which they are based, two-thirds vote of all members of the it will take or cause to be taken such and other facts and circumstances rel- Council), 36, 37, 48 and all other actions that may be required of it for evant to the tax treatment of the applicable provisions of the City’s the interest on the Notes and the interest on and the tax status of the Charter and the rules of this Council Bonds to be and to remain excluded Notes and the Bonds. have been fully complied with and from gross income for federal income Section 15. Credit Enhancement and this Ordinance was passed in confor- tax purposes, (b) it will not take or Ratings. If, in the judgment of the mity therewith. authorize to be taken any actions that Director of Finance, based on the Section 19. Delivery to County. The would adversely affect that exclu- written advice of a Financial Advisor, Director of Finance is directed to for- sion, and (c) it, or persons acting for the filing of an application for a rat- ward a certified copy of this Ordi- 516 April 11, 2012 The City Record 45 nance and of the Certificate of Award improvements described in Section 1 ble provisions of the Ohio Revised for the Bonds and any Note Certifi- of this ordinance (this “Ordinance”); Code, the Charter of the City, the Gen- cate of Award to the appropriate offi- and eral Bond Ordinance and this Ordi- cial of the County of Cuyahoga, Ohio Whereas, the Director of Finance, nance for the purpose stated in Sec- and to secure a receipt therefor. as fiscal officer of this City, has pre- tion 1 hereof. The Bonds shall be des- Section 20. Severability. Each sec- viously certified to this Council that ignated “Parks and Recreation Facil- tion and each part of each section of the estimated life or usefulness of the ities Improvement Bonds” and may this Ordinance is hereby declared to improvements to be financed with the contain such further designation as be an independent section or part of a proceeds of the Bonds is at least five provided in the certificate of award section and, notwithstanding any years and that the maximum maturi- providing for the final terms of the other evidence of legislative intent, it ty of the Bonds is 20 years, a copy of Bonds and the sale of the Bonds is hereby declared to be the control- which is contained in File No. 273-12- signed by the Director of Finance in ling legislative intent that if any such A; and accordance with this Ordinance (the section or part of a section or any pro- Whereas, this Council passed Ordi- “Certificate of Award”). The Bonds vision thereof, or the application nance No. 1749-80 on October 8, 1980, shall be issued in one lot as fully reg- thereof to any person or circum- and thereafter amended that ordi- istered Bonds in denominations of stance, is held to be invalid, the nance by Ordinance No. 1112-83, $5,000 or any integral multiple there- remaining sections or parts of sec- passed May 6, 1983, and Ordinance No. of. The Bonds shall be numbered as tions and the application of such pro- 944-96, passed June 10, 1996 (Ordi- determined by the Director of visions to any other person or circum- nance No. 1749-80, as so amended and Finance. stance, other than those as to which it as the same may further be amended The Bonds shall be issued in the is held invalid, shall not be affected from time to time in accordance with principal amount specified in the Cer- thereby, and it is hereby declared to its provisions, is referred to as the tificate of Award, which shall not be the legislative intent that the other “General Bond Ordinance”), provid- exceed the amount stated in Section 1 provisions of this Ordinance would ing the general terms and provisions hereof. The Bonds shall be dated the have been passed independently of for the issuance of unvoted general date and shall bear interest from their such section, or parts of a section, so obligations of the City, with the spe- date until the principal amount is held to be invalid. cific terms of each series of Bonds to paid at the rate or rates per year spec- Section 21. Legislative Intent. All be contained in ordinances authoriz- ified in the Certificate of Award, pro- terms, conditions, pledges, covenants ing the issuance of Bonds in accor- vided that the weighted average of or agreements on the part of the City dance with the provisions thereof such rates (taking into account the provided for in this Ordinance are (the “Series Bond Ordinances”); and principal amount and maturity of made by the voluntary act of the City Whereas, the authorization for each Bond to which a rate applies) under its lawful authority, including issuance of the Bonds is necessary to shall not exceed six percent (6%) per its authority under its Charter and provide funds to pay the costs of cer- year. Interest on the Bonds shall be Article XVIII of the Constitution of tain permanent improvements payable when due, or until the princi- Ohio. described in Section 1 hereof that are pal amount is paid, semiannually as Nothing in this Ordinance is intend- urgently needed for the benefit of the specified in the Certificate of Award ed to, and no provision hereof shall be City, and as a result, this Ordinance as the dates on which interest on the applied in any manner as would, constitutes an emergency measure Bonds shall be payable (the “Interest impair the obligation of contract of providing for the immediate preserva- Payment Dates”), beginning on the the City with respect to any outstand- tion of the public peace, property, date specified in the Certificate of ing bonds, notes, certificates of health and safety, and for the usual Award as the first Interest Payment indebtedness, other obligations, trust daily operation of a municipal depart- Date. indentures, trust agreements, or other ment; now, therefore, The Bonds shall mature in the agreements or contracts made or Be it ordained by the Council of the years and principal amounts as shall entered into by the City and for which City of Cleveland: be permitted by law and determined consideration was duly received by Section 1. Purpose. It is deemed nec- by the Director of Finance and speci- the City prior to the passage of this essary to issue the Bonds in an aggre- fied in the Certificate of Award, based Ordinance or the General Bond Ordi- gate principal amount not to exceed on the written advice of a Financial Advisor to be in the best interests of nance. Four Million One Hundred Thousand the City, provided that (i) each prin- Section 22. Emergency Measure. Dollars ($4,100,000) for the purpose of cipal payment shall occur on an Inter- This Ordinance is declared to be an providing funds to municipal parks est Payment Date, (ii) the first prin- emergency measure for the immedi- and recreation facilities by construct- cipal payment on the Bonds shall be ate preservation of the public peace, ing, reconstructing, rehabilitating, no earlier than November 15, 2012 and property, health and safety of the City installing, renovating, enlarging, no later than December 31, 2013, (iii) by providing funds to pay the costs of redeveloping and otherwise improv- the final maturity date of the Bonds certain permanent improvements ing parks and recreation centers and shall be no later than 20 years from which are urgently needed for the areas, pools, skating rinks, green- that date which is 12 months prior to benefit of the City and for the usual houses, bicycle paths, playgrounds, the first date on which provision for daily operation of a municipal depart- playfields, tracks, fields and related payment of principal is made, and ment, and, provided this Ordinance buildings, structures, walkways, (iv) the principal amount thereof receives the affirmative vote of two- pavement, plazas, landscaping and shall be payable in annual install- thirds of all members elected to Coun- facilities, and providing necessary ments such that the total principal cil, it shall take effect and be in force water systems, drainage, lighting, and interest payments on the Bonds immediately upon its passage and signage, fixtures, furnishings, equip- in any fiscal year in which principal approval by the Mayor; otherwise it ment, safety modifications and site is payable is not more than three shall take effect and be in force from improvements, together with all nec- times the amount of those payments and after the earliest date allowed by essary and incidental appurtenances in any other fiscal year. law. and the acquisition of any required The Bonds stated to mature in any Passed April 2, 2012. real estate and interests in real estate year may be issued as term bonds (the Effective April 9, 2012. and the demolition of any existing “Term Bonds”), payable pursuant to buildings, structures, walkways and Mandatory Sinking Fund Redemption facilities, and to pay any capitalized Requirements as defined and further interest and all expenses incurred in described below. The Director of Ord. No. 273-12. connection with the issuance of the Finance shall determine in the Cer- By Council Member Sweeney (by securities, including all financing tificate of Award whether any of the departmental request). costs within the meaning of Sec- Bonds shall be issued as Term Bonds, An emergency ordinance authoriz- tion 133.01(K) of the Ohio Revised any dates (the “Mandatory Redemp- ing the issuance and sale of bonds in Code and such other costs of the fore- tion Dates”) on which the principal the maximum principal amount of going permanent improvements that amount of the Term Bonds shall be $4,100,000 for the purpose of providing may be financed with the proceeds of payable pursuant to mandatory sink- funds to improve municipal parks and securities as permitted by Sec- ing fund installments rather than at recreation facilities and authorizing tion 133.15(B) of the Ohio Revised stated maturity and the amount of related matters. Code and as otherwise permitted by principal to be paid on each Mandato- Whereas, this Council desires to law. ry Redemption Date (the “Mandatory issue bonds in an aggregate principal Section 2. Authority and Terms. The Sinking Fund Redemption Require- amount not to exceed Four Million Bonds shall be issued pursuant to the ments”). One Hundred Thousand Dollars provisions of Article XVIII of the Con- The Bonds shall be subject to ($4,100,000) (the “Bonds”) to finance stitution of Ohio, Chapter 133 of the redemption or purchase prior to stat- the costs of certain permanent Ohio Revised Code and other applica- ed maturity as follows: 517 46 The City Record April 11, 2012

(a) Mandatory Sinking Fund case, accrued interest to the redemp- rescind its direction to purchase the Redemption. If any of the Bonds are tion date. The first optional redemp- Bonds in lieu of redemption by writ- issued as Term Bonds, the Term tion date shall not be later than ten ten notice from the Director of Bonds shall be subject to mandatory years from the first Interest Payment Finance to the Registrar and the sinking fund redemption and be Date, and the highest redemption Escrow Agent. In the event that the redeemed pursuant to Mandatory price shall not be greater than 102% direction to purchase is rescinded, the Sinking Fund Redemption Require- of the principal amount redeemed Bonds shall be redeemed on the ments, at a redemption price of 100% plus accrued interest to the redemp- redemption date set forth in the notice of the principal amount redeemed, tion date. Based on the written advice of redemption delivered to the owners plus interest accrued to the redemp- of a financial advisor, the Director of of the Bonds and in accordance with tion date, on the Mandatory Redemp- Finance may determine in the Certifi- the provisions of this Ordinance. tion Dates. cate of Award that it is in the best (d) Partial Redemption or Pur- The aggregate of the moneys to be interests of the City for some or all of chase. If fewer than all of the out- deposited with the Escrow Agent, cur- the Bonds not to be callable prior to standing Bonds are called for redemp- rently The Huntington National their stated maturity. tion at one time (whether for redemp- Bank, for payment of principal of and If optional redemption at a price tion or purchase in lieu of redemp- interest on any Term Bonds shall exceeding 100% of the principal tion), they shall be called in the order include amounts sufficient to redeem amount to be redeemed is to take of maturities directed by the Director on the Mandatory Redemption Dates place as of any applicable Mandatory of Finance. If fewer than all Bonds of the principal amount of Term Bonds Redemption Date, the Bonds, or por- a single maturity are to be redeemed payable on those dates pursuant to tions thereof, to be redeemed option- or purchased in lieu of redemption, the Mandatory Sinking Fund ally shall be selected by lot prior to the selection of Bonds to be redeemed Redemption Requirements (less the the selection by lot of the Bonds to be or purchased, or portions thereof in amount of any credit as provided redeemed on the same date by opera- amounts of $5,000 or any integral mul- below). tion of the Mandatory Sinking Fund tiple thereof, shall be made by the The City shall have the option to Redemption Requirements of para- Registrar by lot in a manner deter- deliver to the Registrar (as defined in graph (a). The Bonds shall be mined by the Registrar. In the case of Section 3 hereof) for cancellation redeemed pursuant to this paragraph a partial redemption or purchase of Term Bonds in any aggregate princi- only upon written notice from the Bonds by lot when Bonds of denomi- pal amount and to receive a credit Director of Finance to the Registrar. nations greater than $5,000 are then against the then-current Mandatory That notice shall specify the redemp- outstanding, each $5,000 unit of prin- Sinking Fund Redemption Require- tion date and the principal amount of cipal thereof shall be treated as ment (and corresponding mandatory each maturity of Bonds to be though it were a separate Bond of the redemption obligation) of the City for redeemed, and shall be given at least denomination of $5,000. If it is deter- any Term Bonds. That option shall be 45 days prior to the redemption date mined that one or more, but not all of exercised by the City on or before the or such shorter period as shall be the $5,000 units of principal amount forty-fifth day preceding the applica- acceptable to the Registrar. There represented by a Bond are to be called ble Mandatory Redemption Date, by shall be deposited with the Registrar for redemption, then upon notice of furnishing the Escrow Agent a cer- on or prior to the redemption date redemption of a $5,000 unit or units, tificate, signed by the Registrar, set- funds sufficient to redeem at the the registered owner of that Bond ting forth the extent of the credit to redemption price all of the shall surrender the Bond to the Regis- be applied with respect to the then- redeemable Bonds for which notice of trar (i) for payment of the redemption current Mandatory Sinking Fund redemption has been given. or purchase price of the $5,000 unit or Redemption Requirement. If the cer- (c) Purchase in Lieu of Redemp- units called for redemption (includ- tificate is not timely furnished to the tion. If and to the extent provided in ing, without limitation, the interest Escrow Agent, the Mandatory Sink- the Certificate of Award, the City may accrued to the date fixed for redemp- ing Fund Redemption Requirement elect to purchase Bonds called for tion and any premium), and (ii) for (and corresponding mandatory optional redemption in lieu of redeem- issuance, without charge to the regis- redemption obligation) shall not be ing those Bonds. That election shall tered owner thereof, of a new Bond or reduced. A credit against the then- be exercised by written direction Bonds of any authorized denomina- current Mandatory Sinking Fund from the Director of Finance to the tion or denominations in an aggre- Redemption Requirement (and corre- Registrar and the Escrow Agent. gate principal amount equal to the sponding mandatory redemption That written direction shall state unmatured portion of the Bond not obligation) also shall be received by whether all or less than all of the redeemed or purchased and bearing the City for any Term Bonds that Bonds called for optional redemption interest at the same rate and matur- prior thereto have been redeemed are to be purchased by the City in lieu ing on the same date as the Bond sur- (other than through the operation of of redemption, shall identify the rendered. the Mandatory Sinking Fund Bonds to be purchased by their matu- (e) Notice of Redemption. The Redemption Requirements) or pur- rity date and shall specify the princi- notice of the call for redemption of chased for cancellation and cancelled pal amount of each maturity to be pur- Bonds shall identify (i) by designa- by the Registrar, to the extent not chased in lieu of redemption. If less tion, letters, numbers or other distin- applied theretofore as a credit than all of the Bonds called for option- guishing marks, the Bonds or por- against any mandatory redemption al redemption are to be purchased in tions thereof to be redeemed, (ii) the obligation. lieu of redemption, the amount of redemption price to be paid, (iii) the Each Term Bond so delivered, or each maturity to be purchased shall date fixed for redemption, and (iv) previously redeemed, or purchased be in amounts of $5,000 or integral the place or places where the amounts and cancelled, shall be credited by the multiples of $5,000. Any Bonds called due upon redemption are payable. Escrow Agent at 100% of the princi- for optional redemption that are not The notice shall be given by the Reg- pal amount thereof against the then- to be purchased shall be redeemed in istrar on behalf of the City by mailing current Mandatory Sinking Fund accordance with their redemption pro- a copy of the redemption notice by Redemption Requirement (and corre- visions. The purchase price of the first-class mail, postage prepaid, at sponding mandatory redemption Bonds to be purchased in lieu of least 30 days prior to the date fixed obligation). Any excess of that redemption shall be equal to the prin- for redemption (or such period speci- amount over the then-current Manda- cipal of, any accrued but unpaid inter- fied in the Certificate of Award), to tory Sinking Fund Redemption est on, and any premium that would the registered owner of each Bond Requirement shall be credited have been payable on the Bonds on subject to redemption in whole or in against subsequent Mandatory Sink- the redemption date if the Bonds had part at the registered owner’s address ing Fund Redemption Requirements been optionally redeemed instead of shown on the Bond Register main- (and corresponding mandatory being purchased. No notice of the pur- tained by the Registrar at the close of redemption obligations) in the order chase in lieu of redemption is business on the fifteenth day preced- directed by the Director of Finance. required to be given to the owners of ing that mailing and to any provider (b) Optional Redemption. The the Bonds in addition to the notice of of a Credit Support Instrument (as Bonds may be subject to redemption redemption required by this Ordi- defined in Section 15 hereof) for the prior to maturity by and at the option nance. The Escrow Agent or Regis- Bonds or designated portions thereof. of the City, in whole or in part on any trar, as paying agent, shall not pur- Failure to receive notice by mail or date, in integral multiples of $5,000, chase Bonds if sufficient moneys any defect in that notice regarding on the optional redemption dates and have not been deposited with the any Bond, however, shall not affect at the redemption prices (expressed Escrow Agent or Registrar, as paying the validity of the proceedings for the as a percentage of the principal agent, by the City for the purpose. On redemption of any Bond. Any notice amount redeemed) specified in the or prior to the scheduled date for of redemption of any Bonds may spec- Certificate of Award, plus, in each optional redemption, the City may ify that the redemption is contingent 518 April 11, 2012 The City Record 47 on the deposit of moneys with the restated in this Ordinance. Words and Any Bond may be exchanged for Escrow Agent or Registrar, as paying terms not otherwise defined in this Bonds of any authorized denomina- agent, on or prior to the redemption Ordinance shall have the same mean- tion upon presentation and surrender date in an amount sufficient to pay ing as set forth in the General Bond at the principal corporate trust office the redemption price of the Bonds to Ordinance. of the Registrar, together with a be redeemed. Section 3. Execution, Authentica- request for exchange signed by the (f) Payment of Redeemed Bonds. tion, Approval and Recording of the registered owner or by a person legal- Notice having been mailed in the man- Bonds; Exchange and Transfer of the ly empowered to do so in a form satis- ner provided in the preceding para- Bonds; Paying Agents. The Bonds factory to the Registrar. A Bond may graph, and moneys having been shall express upon their faces the pur- be transferred only on the Bond Reg- deposited by the City with the Escrow pose for which they are issued and ister upon presentation and surrender Agent or Registrar, as paying agent, that they are issued pursuant to this of the Bond at the principal corporate in an amount sufficient to pay the Ordinance. Pursuant to Section 4 of trust office of the Registrar together redemption price, the Bonds and por- the General Bond Ordinance, each with an assignment signed by the reg- tions thereof called for redemption Bond shall be authenticated by the istered owner or by a person legally shall become due and payable on the manual signature of an authorized empowered to do so in a form satis- redemption date, and, upon presenta- officer of the Trustee (as defined factory to the Registrar. Upon tion and surrender at the place or therein). The Bonds shall be signed exchange or transfer the Registrar places specified in that notice, shall by the City’s Mayor and by the City’s shall complete, authenticate and be paid. If money for the redemption Director of Finance, and, consistent deliver a new Bond or Bonds of any of all of the Bonds and portions therewith Section 133.27 of the Ohio authorized denomination or denomi- of to be redeemed, including interest Revised Code and notwithstanding nations requested by the owner equal accrued to the redemption date, is Section 177.02 of the Codified Ordi- in the aggregate to the unmatured held by the Registrar on the redemp- nances of the City, either or both of principal amount of the Bond surren- tion date, and, if notice of redemption those signatures may be a facsimile. dered and bearing interest at the has been deposited in the mail, then The Bonds shall bear the seal of the same rate and maturing on the same from and after the redemption date City, which seal may be a facsimile date. those Bonds and portions thereof seal. Pursuant to Section 83 of the If manual signatures on behalf of called for redemption shall cease to City’s Charter, the Director of Law the City are required, the Registrar bear interest and no longer shall be shall prepare the Bonds and shall shall undertake the exchange or considered to be outstanding. If that endorse thereon his approval of the transfer of Bonds only after the new money shall not be so available on the form and correctness thereof by his Bonds are signed by the authorized redemption date, or that notice shall officers of the City. In all cases of manual or facsimile signature. not have been deposited in the mail, Bonds exchanged or transferred, the U.S. Bank National Association is those Bonds and portions thereof City shall sign and the Registrar appointed to act as the authenticating shall continue to bear interest, until shall authenticate and deliver Bonds agent, bond registrar, transfer agent they are paid, at the same rate as they in accordance with the provisions of and paying agent for the Bonds (the would have borne had they not been this Ordinance. The exchange or “Registrar”). The Registrar shall also called for redemption. All money held transfer shall be without charge to act as paying agent for the Bonds so by the Registrar for the redemption of the owner, except that the City and long as the Bonds are held in a book particular Bonds shall be held in trust Registrar may make a charge suffi- for the account of the registered own- entry system. The Director of Finance cient to reimburse them for any tax or ers and shall be paid to them, respec- is authorized to sign and deliver, in other governmental charge required tively, upon presentation and surren- the name and on behalf of the City, an to be paid with respect to the der of those Bonds. agreement between the City and the exchange or transfer. The City or the The debt charges on the Bonds Registrar (the “Registrar Agree- Registrar may require that those shall be payable in lawful money of ment”), approved as to form and cor- charges, if any, be paid before the pro- the United States of America without rectness by the Director of Law, pro- cedure is begun for the exchange or deduction for the services of the Reg- viding for services relating to the reg- transfer. All Bonds issued and istrar or Escrow Agent as paying istration, transfer, exchange and pay- authenticated upon any exchange or agent. Principal shall be payable ment of the Bonds on terms approved transfer shall be valid obligations of when due upon presentation and sur- by the Director of Finance on behalf the City, evidencing the same debt, render of the Bonds at the principal of the City and consistent with this and entitled to the same security and corporate trust office of the Regis- Ordinance and not substantially benefit under this Ordinance, as the trar. Interest on a Bond shall be paid adverse to the City. That approval Bonds surrendered upon that on each Interest Payment Date by shall be conclusively evidenced by exchange or transfer. check or draft mailed to the person in the signing of the Registrar Agree- Notwithstanding any other provi- whose name the Bond was registered, ment by the Director of Finance. The sions of this Ordinance, if it is deter- and to that person’s address appear- Director of Finance shall provide for mined by the Director of Finance to ing, on the Bond Register (as defined the payment of the services rendered be advantageous to the City, the in Section 3 hereof) at the close of and for reimbursement of expenses Bonds may be issued in book entry business on the date provided in the incurred pursuant to the Registrar form in accordance with the provi- Registrar Agreement authorized and Agreement from the proceeds of the sions of this Section. As used in this defined in Section 3 hereof (the Bonds to the extent available and Section and this Ordinance: “Record Date”). Notwithstanding any then from other money lawfully avail- “Book entry form” or “book entry contrary provision in the General able and appropriated or to be appro- system” means a form or system Bond Ordinance, so long as the Bonds priated for that purpose. under which (i) the ownership of ben- are held by a Depository in a book So long as any of the Bonds remain eficial interests in Bonds and the prin- entry system (as described in Sec- outstanding, the City will cause the cipal of and interest on the Bonds may tion 3 hereof), debt charges on the Registrar to maintain and keep at its be transferred only through a book Bonds will be payable in lawful principal corporate trust office all entry, and (ii) physical Bond certifi- money of the United States by wire books and records necessary for the cates in fully registered form are transfer to the Depository made by registration, exchange and transfer issued by the City only to a Deposito- the Escrow Agent on each Interest of Bonds as provided in this Section ry or its nominee as registered owner, Payment Date. (the “Bond Register”). The person in with the Bonds “immobilized” in the This Series Bond Ordinance is whose name a Bond is registered on custody of the Depository. The book enacted pursuant to the General Bond the Bond Register shall be regarded entry maintained by others than the Ordinance. The General Bond Ordi- as the absolute owner of that Bond for City is the record that identifies the nance, except for the third paragraph all purposes of this Ordinance. Pay- owners of beneficial interests in those of Section 13(a) (pertaining general- ment of or on account of the debt Bonds and that principal and interest. ly to an adjustment of the interest charges on any Bond shall be made “Depository” means any securities rate in an event of default) and the only to or upon the order of that per- depository that is a clearing agency third paragraph of Section 4 (pertain- son; neither the City nor the Registrar under federal law operating and ing generally to the periods during shall be affected by any notice to the maintaining, with its Participants or which the City is not required to make contrary, but the registration may be otherwise, a book entry system to any transfers or exchanges of bonds changed as provided in this Section. record ownership of beneficial inter- issued under the General Bond Ordi- All such payments shall be valid and ests in bonds or the principal and nance), will apply to the Bonds. effectual to satisfy and discharge the interest, and to effect transfers of Except for those provisions, the Gen- City’s liability upon the Bond, includ- bonds, in book entry form, and eral Bond Ordinance is included as a ing interest, to the extent of the includes and means initially The part of this Ordinance as fully as if amount or amounts so paid. Depository Trust Company (a limited 519 48 The City Record April 11, 2012 purpose trust company), New York, Original Purchaser’s offer to pur- be and is levied on all the taxable New York. chase the Bonds, including: the prin- property in the City, in addition to all “Participant” means any partici- cipal amount of the Bonds, the pur- other taxes, a direct tax annually dur- pant contracting with a Depository chase price (which shall be not less ing the period the Bonds are out- under a book entry system and than 97% of the principal amount of standing, in an amount sufficient to includes security brokers and dealers, the Bonds plus any accrued interest to provide for the payment of that inter- banks and trust companies, and clear- their date of delivery), interest rate or est, when and as the same shall fall ing corporations. rates, the amounts and years in which due, and also to discharge the princi- The Bonds may be issued to a principal installments are payable pal of the Bonds at maturity, which Depository for use in a book entry (at stated maturity or pursuant to tax shall not be less than the interest system and, if and as long as a book Mandatory Sinking Fund Redemption and sinking fund tax required by Sec- entry system is utilized: (i) the Bonds Requirements), the Interest Payment tion 11 of Article XII of the Constitu- may be issued in the form of a single, Dates and the date of the Bonds and tion of Ohio. fully registered Bond representing any other matters required in this The tax shall be and is ordered com- each maturity and registered in the Ordinance to be set forth in that Cer- puted, certified, levied and extended name of the Depository or its nomi- tificate. As appropriate under the upon the tax duplicate and collected nee, as registered owner, and immobi- Charter, the Mayor, Director of by the same officers, in the same man- lized in the custody of the Depository; Finance, Director of Law, Clerk of ner and at the same time that taxes (ii) the beneficial owners in book Council and other appropriate offi- for general purposes for each of those entry form shall have no right to cers of the City are, and each of them years are certified, extended and col- receive Bonds in the form of physical is, authorized to take such actions as lected. The tax shall be placed before securities or certificates; (iii) owner- are necessary, appropriate and in the and in preference to all other items ship of beneficial interests in book best interest of the City to establish and for the full amount thereof. The entry form shall be shown by book the terms and requirements for deliv- funds derived from those tax levies entry on the system maintained and ery of the Bonds and to make such shall be placed in the Unvoted Tax operated by the Depository and its arrangements as are necessary with Supported Obligations Account of the Participants, and transfers of the the Original Purchaser in order to Sinking Fund as required by the Gen- ownership of beneficial interests establish the date, location, proce- eral Bond Ordinance, and those funds, shall be made only by book entry by dures, and conditions for the delivery together with the interest collected on the Depository and its Participants; of the Bonds to the Original Purchas- them, shall be irrevocably pledged for and (iv) the Bonds as such shall not er, to give all appropriate notices and the payment of principal of and inter- be transferable or exchangeable, certificates, to cause a true transcript est on the Bonds when and as the except for transfer to another Deposi- of proceedings with reference to the same fall due; provided, however, tory or to another nominee of a Depos- issuance of the Bonds to be delivered that, subject to the provisions of Sec- itory, without further action by the to the Original Purchaser, to sign any tion 8 of the General Bond Ordinance, City. transcript certificates, financial in each year to the extent that rev- If any Depository determines not to statements and other documents and enues are available from other continue to act as a Depository for the instruments and to take such actions sources for the payment of the Bonds Bonds for use in a book entry system, as are necessary or appropriate to and are appropriated for such pur- the Director of Finance may attempt consummate the transactions contem- pose, the amount of such tax shall be to establish a securities plated by this Ordinance and to take reduced by the amount of such rev- depository/book entry relationship all steps necessary to effect the due enues so available and appropriated. with another qualified Depository. If execution, authentication and deliv- This Council hereby covenants, on the Director of Finance does not or is ery of the Bonds. The Director of behalf of the City and its officials, unable to do so, the Registrar, after Finance is further authorized to sign pursuant to the authorization under making provision for notification of and deliver on behalf of the City a Sections 133.25(B)(1) and 5705.51 of the beneficial owners by the then bond purchase agreement between the Ohio Revised Code, and in accor- Depository and any other arrange- the City and the Original Purchaser dance with the provisions of and to ments deemed necessary, shall permit (the “Bond Purchase Agreement”), the extent required or permitted by withdrawal of the Bonds from the approved as to form and correctness the General Bond Ordinance, that the Depository, and the Trustee and Reg- by the Director of Law, setting forth City will appropriate annually from istrar shall authenticate and deliver the terms and conditions on which the the proceeds of the City’s municipal bond certificates in registered form to City agrees to sell the Bonds and the income taxes an amount as is neces- the assigns of the Depository or its Original Purchaser agrees to buy the sary to meet the annual debt charges nominee, all at the cost and expense Bonds, which shall be consistent with for the Bonds. (including any costs of printing), if this Ordinance, not substantially Section 6. Application of Proceeds. the event is not the result of City adverse to the City, and approved by The proceeds from the sale of the action or inaction, of those persons the Director of Finance and Director Bonds, except for accrued interest requesting such issuance. of Law on behalf of the City, all of thereon and any premium, shall be The Director of Finance is also which shall be conclusively evi- expended and applied for the objects hereby authorized and directed to the denced by the signing of the Bond and purposes for which the Bonds are extent necessary or required to enter Purchase Agreement by the Director issued. The proceeds of the Bonds to into any agreements determined nec- of Finance. It is determined that the be applied to pay costs of any Credit essary in connection with the book terms of the Bonds, as provided in this Support Instruments obtained pur- entry system for the Bonds, after Ordinance and as may be provided in suant to Section 15 hereof shall be determining that the signing thereof or pursuant to the Certificate of paid to the provider or providers of will not endanger the funds or securi- Award, are in the best interest of the those Credit Support Instruments. ties of the City and after the approval City and in compliance with all legal The proceeds of the Bonds to be used of the form of any such agreement by requirements. to pay costs of issuing the Bonds shall the Director of Law. Pursuant to Section 133.30(B) of the be deposited with the Registrar in a Section 4. Sale of Bonds. The Bonds Ohio Revised Code, the Director of separate account under the Registrar shall first be offered for purchase to Finance may combine the Bonds with Agreement pending their application the Trustees of the Sinking Fund and, other bonds into a single consolidated to the payment of such costs. Pur- if not purchased by them, shall be issue of bonds for purposes of their suant to Chapter 133 of the Ohio offered to the Treasury Investment sale as a single issue to be designated Revised Code and this Ordinance, and Account for purchase and, if not pur- “Various Purpose General Obligation notwithstanding Chapter 179 of the chased for that Account, shall be sold Bonds, Series 2012” or such other des- Codified Ordinances, any accrued to one or more firms that have pro- ignation as may be set forth in the interest and any premium received posed to underwrite the Bonds and Certificate of Award. Such bonds from the sale of the Bonds shall be have been selected by the Director of shall contain a summary statement of deposited in the Unvoted Tax Sup- Finance based on an evaluation of the purposes encompassing the purpose ported Obligations Account of the qualifications of those firms (collec- for which the Bonds are issued and Sinking Fund to be applied to the pay- tively, the “Original Purchaser”). shall state that they are issued pur- ment of the principal of and interest The Bonds shall be awarded to the suant to this Ordinance. on the Bonds. Original Purchaser in the Certificate Section 5. Provision for Levying Section 7. General Obligation. The of Award which shall specify the and Collecting Tax. For the purpose Bonds are secured by a pledge and final terms of the Bonds in accor- of providing the necessary funds to lien on a parity with the pledges and dance with law, the provisions of this pay the interest on the Bonds prompt- liens authorized by the General Bond Ordinance, the written advice of a ly when and as the same falls due, Ordinance and, in addition to the financial advisor retained under and also to provide for the discharge taxes and revenues specifically authority of Section 16 hereof and the of the Bonds at maturity, there shall pledged pursuant to this Ordinance 520 April 11, 2012 The City Record 49 and the General Bond Ordinance and earned by, or increment to, the invest- clusively evidenced by the signing of the other covenants, terms and agreements held under this Section shall, to the Note Registrar Agreement by the ments provided hereunder and in the the extent determined from time to Director of Finance. The Director of General Bond Ordinance to secure time by the Escrow Agent to be in Finance shall provide for the pay- payment of the principal of and inter- excess of the amount required to be ment of the services rendered and for est on the Bonds, the City hereby held by it for the purposes of this Sec- reimbursement of expenses incurred determines, declares, warrants and tion, be transferred at the time of pursuant to the Note Registrar Agree- covenants that the Bonds are general such determination as provided in ment from the proceeds of the Notes to obligations of the City and that the Section 17(a) of the General Bond the extent available and then from full faith and credit of the City are Ordinance for unclaimed funds held other money lawfully available and hereby pledged for the payment of the by a Paying Agent. In the event of appropriated or to be appropriated for principal of and interest on the Bonds nonpresentment of any Bond as that purpose. in accordance with the laws and Con- described in Section 17(a) of the Gen- So long as any of the Notes remain stitution of the State of Ohio, this eral Bond Ordinance, the moneys held outstanding, the City will cause the Ordinance and the General Bond Ordi- pursuant to this Section shall be held Note Registrar to maintain and keep nance. and paid as provided in said Sec- at its principal corporate trust office Section 8. Defeasance. tion 17(a) for unclaimed funds held all books and records necessary for (a) Release of Ordinance. If the by a Paying Agent. the registration, exchange and trans- City shall pay or cause to be paid and Section 9. Bond Anticipation Notes. fer of Notes as provided in this Section discharged all the outstanding Bonds, For the purpose of raising money in (the “Note Register”). The person in or there shall otherwise be paid to the anticipation of the issuance of the whose name a Note is registered on holders of the outstanding Bonds all Bonds for the purpose set forth in Sec- the Note Register shall be regarded as debt charges due or to become due tion 1 hereof, notes of the City may be the absolute owner of that Note for all thereon, and provision shall also be issued in an aggregate principal purposes of this Ordinance. Payment made for paying all other sums amount not to exceed Four Million of or on account of the debt charges payable hereunder, then and in that One Hundred Thousand Dollars on any Note shall be made only to or event this Ordinance (except for Sec- ($4,100,000) (the “Notes”) upon the upon the order of that person; neither tion 8(b) hereof) shall cease to be of direction of the Director of Finance to the City nor the Note Registrar shall further effect, and the covenants, be set forth in a certificate providing be affected by any notice to the con- agreements and other obligations of for the final terms of the Notes and trary, but the registration may be the City under this Ordinance shall be the sale of the Notes and signed by the changed as provided in this Section. discharged and satisfied, and there- Director of Finance (the “Note Certifi- All such payments shall be valid and upon the Trustee shall at the request cate of Award”). effectual to satisfy and discharge the of the City execute and deliver to the (a) Terms of the Notes. The Notes City’s liability upon the Note, includ- City such instruments in writing as shall bear interest at such rate, not ing interest, to the extent of the shall discharge the lien hereof and exceeding six percent (6%) per year, amount or amounts so paid. enter on the record such discharge of as may be fixed by the Director of Any Note may be exchanged for the lien and such other instruments as Finance of the City in the Note Cer- Notes of any authorized denomination may be reasonably required by the tificate of Award; shall be dated their upon presentation and surrender at City. date of issuance; shall mature on the the principal corporate trust office of (b) Payment and Discharge of date set forth in the Note Certificate the Note Registrar, together with a Bonds. Outstanding Bonds shall be of Award, which shall be no later than request for exchange signed by the deemed to have been paid and dis- five years from such date of issuance; registered owner or by a person legal- charged within the meaning of this shall be subject to redemption by the ly empowered to do so in a form satis- Ordinance, including without limita- City at any time prior to maturity factory to the Note Registrar. A Note tion, Section 8(a) hereof, if: without penalty, provided that, if the may be transferred only on the Note (i) the Escrow Agent or Paying Director of Finance, based on the Register upon presentation and sur- Agent shall hold in special accounts advice of a financial advisor, deter- render of the Note at the principal cor- or subaccounts, in trust for and irrev- mines that it is in the best interest of porate trust office of the Note Regis- ocably committed solely thereto, suf- the City in order to enhance the mar- trar together with an assignment ficient moneys; or ketability of the Notes, the Director of signed by the registered owner or by (ii) the Escrow Agent shall hold in Finance may cause the Notes to not be a person legally empowered to do so special accounts or subaccounts, in redeemable for a period which ends in a form satisfactory to the Note Reg- trust for and irrevocably committed no later than the date which is two istrar. Upon exchange or transfer the solely thereto, direct obligations of years following the date of issuance Note Registrar shall complete, the United States certified by an inde- of the Notes; shall be designated authenticate and deliver a new Note pendent public accounting firm of “Parks and Recreation Facilities or Notes of any authorized denomina- national reputation to be of such Improvement Bond Anticipation tion or denominations requested by the owner equal in the aggregate to maturities and interest payment Notes”; shall be issued in such num- the unmatured principal amount of dates and to bear such interest, with- bers and denominations as may be the Note surrendered and bearing out further investment or reinvest- requested by the Note Purchaser interest at the same rate and matur- ment of either the principal amount (hereinafter defined); and shall be ing on the same date. thereof or the interest earnings there- issued in fully registered form (which If manual signatures on behalf of from (likewise to be held in trust and may be in a book entry only system) the City are required, the Note Regis- committed, except as hereinafter pro- in denominations of $5,000 or integral trar shall undertake the exchange or vided), as will be sufficient, together multiples thereof. Interest shall be transfer of Notes only after the new with moneys referred to in (i) above, payable semiannually on the dates Notes are signed by the authorized for the payment, at their maturities or set forth in the Note Certificate of officers of the City. In all cases of redemption dates, of all debt charges Award; provided that if the Notes Notes exchanged or transferred, the on the Bonds to their date of maturity mature on or before the end of the City shall sign and the Note Registrar or redemption, as the case may be, or twelfth month following their date of shall authenticate and deliver Notes if default in such payment shall have issuance, interest on the Notes shall in accordance with the provisions of occurred on such date then to the date be payable at maturity. this Ordinance. The exchange or of the tender of such payment; provid- U.S. Bank National Association is transfer shall be without charge to ed, that if any Bonds are to be appointed to act as the authenticating the owner, except that the City and redeemed prior to the maturity there- agent, registrar, transfer agent and Note Registrar may make a charge of, notice of such redemption shall paying agent for the Notes (the “Note sufficient to reimburse them for any have been duly given or irrevocable Registrar”). The Escrow Agent also tax or other governmental charge provision satisfactory to the Trustee shall act as paying agent for the required to be paid with respect to the shall have been duly made for the giv- Notes if the Notes are held in a book exchange or transfer. The City or the ing of such notice. Any moneys held entry system. The Director of Finance Note Registrar may require that those by the Escrow Agent in accordance shall sign and deliver, in the name charges, if any, be paid before the pro- with the provisions of this Section and on behalf of the City, an agree- cedure is begun for the exchange or shall be invested by the Escrow ment among the City, the Note Regis- transfer. All Notes issued and authen- Agent in direct obligations of the trar and the Escrow Agent (the “Note ticated upon any exchange or trans- United States of America maturing, or Registrar Agreement”) providing for fer shall be valid obligations of the redeemable at the option of the hold- services relating to the registration, City, evidencing the same debt, and er, at times and in amounts sufficient transfer, exchange and payment of entitled to the same security and ben- to meet payment of debt charges on Notes on terms that are approved by efit under this Ordinance, as the Notes the Bonds, as directed by the Director the Director of Finance on behalf of surrendered upon that exchange or of Finance. Any income or interest the City. That approval shall be con- transfer. 521 50 The City Record April 11, 2012

Pursuant to Section 133.30(B) of the and collected. That tax shall be shall be subject to the availability of Ohio Revised Code, the Director of placed before and in preference to all funds and their annual appropriation Finance may combine the Notes with other items and for the full amount to meet costs the City would be other bond anticipation notes of the thereof. The funds derived from the required to incur to perform it. The City for purposes of their sale as a sin- tax levies required by this Ordinance Director of Finance is further autho- gle issue to be designated “Various shall be placed in the Unvoted Tax rized and directed to establish proce- Purpose General Obligation Bond Supported Obligations Account, and dures in order to ensure compliance Anticipation Notes.” The Notes shall those funds, together with the inter- by the City with its continuing disclo- contain a summary statement of pur- est collected on them, shall be irrevo- sure agreement, including the timely poses encompassing the purpose for cably pledged for the payment of the provision of information and notices. which the Notes are issued and shall principal and interest of the Notes or Section 12. Miscellaneous. state that they are issued pursuant to the Bonds in anticipation of which (a) Any provisions of the Codified this Ordinance. they are issued, when and as the same Ordinances of the City that are incon- (b) Execution and Payment of the falls due; provided, however, that in sistent with the provisions of this Notes. The Notes shall express upon each year to the extent that revenues Ordinance and the General Bond Ordi- their faces the purpose for which they are available from other sources for nance shall not apply to the Bonds or are issued and that they are issued the payment of the Notes and Bonds the Notes authorized herein. pursuant to this Ordinance. Each Note and are appropriated for such pur- (b) All covenants, terms and provi- shall be authenticated by the manual pose, the amount of such direct tax sions of the General Bond Ordinance signature of an authorized officer of upon all of the taxable property in the are fully applicable to the Bonds and the Trustee (as defined therein). The City may be reduced by the amount of the Notes authorized herein, and noth- Notes shall be signed by the City’s such revenues so available and appro- ing in this Ordinance shall be deemed Mayor and by the City’s Director of priated. to alter or restrict such full applica- Finance, and, consistent with Section Section 11. Official Statement; Con- tion of the General Bond Ordinance, 133.27 of the Ohio Revised Code and tinuing Disclosure. If, in the judg- except for the exclusion from applica- notwithstanding Section 177.02 of the ment of the Director of Finance, a dis- tion to the Bonds and the Notes autho- Codified Ordinances of the City, closure document (each, an “Official rized herein of the provisions of the either or both of those signatures may Statement”) is appropriate or neces- third paragraph of Section 13(a) and be a facsimile. The Notes shall bear sary in connection with the sale of the the third paragraph of Section 4 of the the seal of the City, which seal may be Notes or the Bonds, the Director of General Bond Ordinance, pursuant to a facsimile seal. Pursuant to Sec- Finance is authorized to prepare or Section 2 hereof. tion 83 of the City’s Charter, the Direc- cause to be prepared on behalf of the Section 13. Captions. The captions tor of Law shall prepare the Notes and City an Official Statement with or headings in this Ordinance are for shall endorse thereon his approval of respect to the Notes or the Bonds, as convenience only and in no way the form and correctness thereof by the case may be, and any necessary define, limit or describe the scope or his manual or facsimile signature. supplements and to authorize the use intent of any provisions or sections of (c) Sale of the Notes. The Notes and distribution of each Official this Ordinance. shall first be offered for purchase to Statement and any supplements. The Section 14. Federal Tax Covenants. the Trustees of the Sinking Fund and, Director of Finance is authorized to The City covenants that it will use, if not purchased by them, shall be sign on behalf of the City and in her and will restrict the use and invest- offered to the Treasury Investment official capacity each Official State- ment of, the proceeds of the Notes and Account for purchase and, if not pur- ment and any supplements approved the Bonds in such manner and to such chased for that Account, shall be sold by her. The Director of Finance is extent as may be necessary so that to one or more firms that have pro- authorized to sign and deliver on (a) the Notes and the Bonds will not posed to underwrite the Notes and behalf of the City and in her official (i) constitute private activity bonds, have been selected by the Director of capacity such certificates in connec- arbitrage bonds or hedge bonds under Finance based on an evaluation of the tion with the accuracy of each Offi- Sections 141, 148 or 149 of the Internal qualifications of those firms (the cial Statement and any supplements Revenue Code of 1986, as amended “Note Purchaser”) in the principal as may, in the judgment of the Direc- (the “Code”) or (ii) be treated other amount set forth in a certificate of tor of Finance, be necessary or appro- than as bonds to which Section 103(a) award to be executed by the Director priate. The Director of Finance is also of the Code applies, and (b) the inter- of Finance (the “Note Certificate of authorized to determine and certify est thereon will not be treated as an Award”) at not less than par and on behalf of the City that such disclo- item of tax preference under Sec- accrued interest and at a rate not sure document is “deemed final” by tion 57 of the Code. exceeding that set forth in Section 10 the City within the meaning of Secu- The City further covenants that (a) hereof. The proceeds of such sale rities and Exchange Commission it will take or cause to be taken such shall be paid into the proper fund and Rule 15c2-12 (the “SEC Rule”). The actions that may be required of it for used for the purpose for which the Director of Finance is authorized to the interest on the Notes and the Notes are being issued under the pro- contract for services for the produc- Bonds to be and to remain excluded visions of this Ordinance. tion and distribution of preliminary from gross income for federal income (d) Security for the Notes. The and final Official Statements, includ- tax purposes, (b) it will not take or Notes shall be the full general obliga- ing by printed and electronic means. authorize to be taken any actions that tions of the City, and the full faith, For the benefit of the holders and would adversely affect that exclu- credit and revenue of the City are beneficial owners from time to time of sion, and (c) it, or persons acting for hereby pledged for the prompt pay- the Notes or the Bonds, the City it, will, among other acts of compli- ment of the same. The par value to be agrees, in accordance with, and as the ance, (i) apply the proceeds of the received from the sale of the Notes only obligated person with respect to Notes and the Bonds to the govern- and any excess funds resulting from the Notes and the Bonds under the mental purpose of the borrowing, (ii) the issuance of the Notes shall, to the SEC Rule, to provide or cause to be restrict the yield on investment prop- extent necessary, be used for the provided such financial information erty acquired with those proceeds, retirement of the Notes at maturity, and operating data and notices, in (iii) make timely and adequate pay- together with the interest thereon, such manner as may be required for ments to the federal government, (iv) and are hereby pledged for such pur- purposes of the SEC Rule. In order to maintain books and records and make pose. describe and specify certain terms of calculations and reports, and (v) Section 10. Provision for Levying the City’s continuing disclosure refrain from certain uses of those pro- and Collecting Tax. During the year agreement for that purpose, and ceeds, and, as applicable, of property or years while the Notes are outstand- thereby to implement that agreement, financed with such proceeds, all in ing there shall be levied on all the including provisions for enforcement, such manner and to the extent neces- taxable property in the City, in addi- amendment and termination, the sary to assure such exclusion of that tion to all other taxes but within tax Director of Finance is authorized and interest under the Code. limitations, a direct tax annually not directed to prepare, or cause to be pre- Each covenant made in this Section less than that which would have been pared, and to sign and deliver, in the with respect to the Notes and the levied if bonds had been issued there- name and on behalf of the City, a con- Bonds is also made with respect to all for without the prior issue of the tinuing disclosure agreement or cer- issues any portion of the debt service Notes. That tax shall be and is tificate, which shall constitute the on which is paid from proceeds of the ordered computed, certified, levied continuing disclosure agreement Notes or the Bonds (and, if different, and extended upon the tax duplicate made by the City for the benefit of the the original issue and any refunding and collected by the same officers, in holders and beneficial owners of the issues in a series of refundings), to the same manner and at the same Notes or the Bonds, as the case may the extent such compliance is neces- time that taxes for general purposes be, in accordance with the SEC Rule. sary to assure exclusion of interest on for each year are certified, extended The performance of that agreement the Notes and the Bonds from gross 522 April 11, 2012 The City Record 51 income for federal income tax purpos- ment, shall be paid from the proceeds Section 21. Legislative Intent. All es, and the officers identified above of Bonds or funds appropriated for terms, conditions, pledges, covenants are authorized to take actions with that purpose. or agreements on the part of the City respect to those issues as they are Section 16. Financial Advisor. The provided for in this Ordinance are authorized in this Section to take with Director of Finance may obtain the made by the voluntary act of the City respect to the Notes and the Bonds. services of one or more financial advi- under its lawful authority, including The Director of Finance, as the fis- sors, from time to time, to assist the its authority under its Charter and cal officer, or any other officer of the Director of Finance in making any of Article XVIII of the Constitution of City having responsibility for the determinations required by this Ohio. issuance of the Notes and the Bonds is Ordinance to be determined by the Nothing in this Ordinance is intend- hereby authorized (a) to make or Director of Finance. The Director of ed to, and no provision hereof shall be effect any election, selection, desig- Finance may rely on the written applied in any manner as would, nation, choice, consent, approval, or advice of any financial advisor so impair the obligation of contract of waiver on behalf of the City with retained. Any financial advisor the City with respect to any outstand- respect to the Notes and the Bonds as employed under the authority of this ing bonds, notes, certificates of the City is permitted or required to Ordinance shall be disinterested in indebtedness, other obligations, trust make or give under the federal the transaction and be independent of indentures, trust agreements, or other income tax laws, including, without the Original Purchasers and any agreements or contracts made or limitation thereto, any of the elec- other party interested in the transac- entered into by the City and for which tions provided for in tion. consideration was duly received by Section 148(f)(4)(C) of the Code or Section 17. Open Meeting Determi- the City prior to the passage of this available under Section 148 of the nation. It is found and determined Ordinance or the General Bond Ordi- Code, for the purpose of assuring, that all formal actions of this Council nance. enhancing or protecting favorable and of any of its committees concern- Section 22. Emergency Measure. tax treatment or status of the Notes ing and relating to the passage of this This Ordinance is declared to be an and the Bonds or interest thereon or Ordinance were taken, and that all emergency measure for the immedi- assisting compliance with require- deliberations of this Council and any ate preservation of the public peace, ments for that purpose, reducing the of its committees that resulted in property, health and safety of the City burden or expense of such compli- these formal actions were held, in by providing funds to pay the costs of ance, reducing the rebate amount or meetings open to the public in compli- certain permanent improvements payments or penalties, or making ance with all legal requirements, which are urgently needed for the payments of special amounts in lieu including, without limitation, Sec- benefit of the City and for the usual of making computations to deter- tion 121.22 of the Ohio Revised Code. daily operation of a municipal depart- mine, or paying, excess earnings as Section 18. Findings and Recitals of ment, and, provided this Ordinance rebate, or obviating those amounts or Validity. It is hereby determined, rep- receives the affirmative vote of two- payments, as determined by that offi- resented and recited that all acts, con- thirds of all members elected to Coun- cer, which action shall be in writing ditions and things necessary to be cil, it shall take effect and be in force and signed by the officer, (b) to take done precedent to and in the issuing immediately upon its passage and any and all other actions, make or of the Bonds and the Notes in order to approval by the Mayor; otherwise it obtain calculations, make payments, make them legal, valid and binding shall take effect and be in force from and make or give reports, covenants obligations of the City have hap- and after the earliest date allowed by and certifications of and on behalf of pened, been done and been performed law. the City, as may be appropriate to in regular and due form as required Passed April 2, 2012. assure the exclusion of interest from by law; and that no limitation of Effective April 9, 2012. gross income and the intended tax indebtedness or taxation, either statu- status of the Notes and the Bonds, and tory or constitutional, will have been (c) to give one or more appropriate exceeded in the issuance of the Bonds certificates of the City, for inclusion or the Notes. It is further found and Ord. No. 274-12. in the transcript of proceedings for determined, and is hereby represent- By Council Member Sweeney (by the Notes and the Bonds, setting forth ed and recited, that the provisions of departmental request). the reasonable expectations of the Sections 28, 29, 32, 33 (including the An emergency ordinance authoriz- provisions of Section 33 with respect City regarding the amount and use of ing the issuance and sale of bonds in to readings on three separate days or all the proceeds of the Notes and the the maximum principal amount of dispensing with such readings by a Bonds, the facts, circumstances and $20,500,000 for the purpose of provid- two-thirds vote of all members of the estimates on which they are based, ing funds to improve the municipal Council), 36, 37, 48 and all other and other facts and circumstances rel- street system and related facilities applicable provisions of the City’s evant to the tax treatment of the and authorizing related matters. Charter and the rules of this Council interest on and the tax status of the Whereas, this Council desires to have been fully complied with and Notes and the Bonds. this Ordinance was passed in confor- issue bonds in an aggregate principal Section 15. Credit Enhancement and mity therewith. amount not to exceed Twenty Million Ratings. If, in the judgment of the Section 19. Delivery to County. The Five Hundred Thousand Dollars Director of Finance, based on the Director of Finance is directed to for- ($20,500,000) (the “Bonds”) to finance written advice of a Financial Advisor, ward a certified copy of this Ordi- the costs of certain permanent the filing of an application for a rat- nance and of the Certificate of Award improvements described in Section 1 ing on the Bonds or designated por- for the Bonds and any Note Certifi- of this ordinance (this “Ordinance”); tion thereof by one or more nationally cate of Award to the appropriate offi- and recognized rating agencies is in the cial of the County of Cuyahoga, Ohio Whereas, the Director of Finance, best interest of the City, the Director and to secure a receipt therefor. as fiscal officer of this City, has pre- of Finance is authorized to prepare Section 20. Severability. Each sec- viously certified to this Council that and submit those applications and to tion and each part of each section of the estimated life or usefulness of the provide to each such agency such this Ordinance is hereby declared to improvements to be financed with the information as may be required for be an independent section or part of a proceeds of the Bonds is at least five the purpose. The Director of Finance section and, notwithstanding any years and that the maximum maturi- is authorized to contract for one or other evidence of legislative intent, it ty of the Bonds is 18 years, a copy of more Credit Support Instruments for is hereby declared to be the control- which contained in File No. 274-12-A, the Bonds or designated portions ling legislative intent that if any such and thereof if the Director determines, section or part of a section or any pro- Whereas, this Council passed Ordi- based on the written advice of a vision thereof, or the application nance No. 1749-80 on October 8, 1980, Financial Advisor, that the Credit thereof to any person or circum- and thereafter amended that ordi- Support Instruments will result in stance, is held to be invalid, the nance by Ordinance No. 1112-83, debt service savings to the City. As remaining sections or parts of sec- passed May 6, 1983, and Ordinance No. used in this Section, “Credit Support tions and the application of such pro- 944-96, passed June 10, 1996 (Ordi- Instrument” means an insurance poli- visions to any other person or circum- nance No. 1749-80, as so amended and cy, surety, letter of credit, or other stance, other than those as to which it as the same may further be amended instrument used to enhance or pro- is held invalid, shall not be affected from time to time in accordance with vide for the security of Bonds. The thereby, and it is hereby declared to its provisions, is referred to as the cost of obtaining each rating and the be the legislative intent that the other “General Bond Ordinance”), provid- cost of obtaining each Credit Support provisions of this Ordinance would ing the general terms and provisions Instrument, except to the extent paid have been passed independently of for the issuance of unvoted general by the Original Purchasers in accor- such section, or parts of a section, so obligations of the City, with the spe- dance with the Bond Purchase Agree- held to be invalid. cific terms of each series of Bonds to 523 52 The City Record April 11, 2012 be contained in ordinances authoriz- hereof. The Bonds shall be dated the amount of any credit as provided ing the issuance of Bonds in accor- date and shall bear interest from their below). dance with the provisions thereof date until the principal amount is The City shall have the option to (the “Series Bond Ordinances”); and paid at the rate or rates per year spec- deliver to the Registrar (as defined in Whereas, the authorization for ified in the Certificate of Award, pro- Section 3 hereof) for cancellation issuance of the Bonds is necessary to vided that the weighted average of Term Bonds in any aggregate princi- provide funds to pay the costs of cer- such rates (taking into account the pal amount and to receive a credit tain permanent improvements principal amount and maturity of against the then-current Mandatory described in Section 1 hereof that are each Bond to which a rate applies) Sinking Fund Redemption Require- urgently needed for the benefit of the shall not exceed six percent (6%) per ment (and corresponding mandatory City, and as a result, this Ordinance year. Interest on the Bonds shall be redemption obligation) of the City for constitutes an emergency measure payable when due, or until the princi- any Term Bonds. That option shall be providing for the immediate preserva- pal amount is paid, semiannually as exercised by the City on or before the tion of the public peace, property, specified in the Certificate of Award forty-fifth day preceding the applica- health and safety, and for the usual as the dates on which interest on the ble Mandatory Redemption Date, by daily operation of a municipal depart- Bonds shall be payable (the “Interest furnishing the Escrow Agent a cer- ment; now, therefore, Payment Dates”), beginning on the tificate, signed by the Registrar, set- Be it ordained by the Council of the date specified in the Certificate of ting forth the extent of the credit to City of Cleveland: Award as the first Interest Payment be applied with respect to the then- Section 1. Purpose. It is deemed nec- Date. current Mandatory Sinking Fund essary to issue the Bonds in an aggre- The Bonds shall mature in the Redemption Requirement. If the cer- gate principal amount not to exceed years and principal amounts as shall tificate is not timely furnished to the Twenty Million Five Hundred Thou- be permitted by law and determined Escrow Agent, the Mandatory Sink- sand Dollars ($20,500,000) for the pur- by the Director of Finance and speci- ing Fund Redemption Requirement pose of providing funds to improve fied in the Certificate of Award, based (and corresponding mandatory the municipal street system and relat- on the written advice of a Financial redemption obligation) shall not be ed facilities, including streets, Advisor to be in the best interests of reduced. A credit against the then- expressways, roadways, driveways, the City, provided that (i) each prin- current Mandatory Sinking Fund underground vaults, sidewalks, bike- cipal payment shall occur on an Inter- Redemption Requirement (and corre- ways and walkways, by acquiring, est Payment Date, (ii) the first prin- sponding mandatory redemption constructing, reconstructing, open- cipal payment on the Bonds shall be obligation) also shall be received by ing, extending, widening, grading, no earlier than November 15, 2012 and the City for any Term Bonds that draining, paving, resurfacing, light- no later than December 31, 2013, (iii) prior thereto have been redeemed ing and curbing, removing or recon- the final maturity date of the Bonds (other than through the operation of structing underground vaults to pre- shall be no later than 18 years from the Mandatory Sinking Fund serve the public right of way, that date which is 12 months prior to Redemption Requirements) or pur- installing gutters, sidewalks and the first date on which provision for chased for cancellation and cancelled related pedestrian improvements, payment of principal is made, and by the Registrar, to the extent not constructing and improving culverts, (iv) the principal amount thereof applied theretofore as a credit resetting and constructing catch shall be payable in annual install- against any mandatory redemption basins and other storm drainage facil- ments such that the total principal obligation. ities, constructing, reconstructing, and interest payments on the Bonds Each Term Bond so delivered, or replacing, renovating and rehabilitat- in any fiscal year in which principal previously redeemed, or purchased ing bridges, acquiring any real estate is payable is not more than three and cancelled, shall be credited by the and interests in real estate, including times the amount of those payments Escrow Agent at 100% of the princi- easements, necessary for such pur- in any other fiscal year. pal amount thereof against the then- pose, and installing signs, signals, The Bonds stated to mature in any current Mandatory Sinking Fund markings and other devices for traf- year may be issued as term bonds (the Redemption Requirement (and corre- fic control purposes, together with all “Term Bonds”), payable pursuant to sponding mandatory redemption necessary and incidental appurte- Mandatory Sinking Fund Redemption obligation). Any excess of that nances, and to pay any capitalized Requirements as defined and further amount over the then-current Manda- interest and all expenses incurred in described below. The Director of tory Sinking Fund Redemption connection with the issuance of the Finance shall determine in the Cer- Requirement shall be credited securities, including all financing tificate of Award whether any of the against subsequent Mandatory Sink- costs within the meaning of Sec- Bonds shall be issued as Term Bonds, ing Fund Redemption Requirements tion 133.01(K) of the Ohio Revised any dates (the “Mandatory Redemp- (and corresponding mandatory Code and such other costs of the fore- tion Dates”) on which the principal redemption obligations) in the order going permanent improvements that amount of the Term Bonds shall be directed by the Director of Finance. may be financed with the proceeds of payable pursuant to mandatory sink- (b) Optional Redemption. The securities as permitted by Sec- ing fund installments rather than at Bonds may be subject to redemption tion 133.15(B) of the Ohio Revised stated maturity and the amount of prior to maturity by and at the option Code and as otherwise permitted by principal to be paid on each Mandato- of the City, in whole or in part on any law. ry Redemption Date (the “Mandatory date, in integral multiples of $5,000, Section 2. Authority and Terms. The Sinking Fund Redemption Require- on the optional redemption dates and Bonds shall be issued pursuant to the ments”). at the redemption prices (expressed provisions of Article XVIII of the Con- The Bonds shall be subject to as a percentage of the principal stitution of Ohio, Chapter 133 of the redemption or purchase prior to stat- amount redeemed) specified in the Ohio Revised Code and other applica- ed maturity as follows: Certificate of Award, plus, in each ble provisions of the Ohio Revised (a) Mandatory Sinking Fund case, accrued interest to the redemp- Code, the Charter of the City, the Gen- Redemption. If any of the Bonds are tion date. The first optional redemp- eral Bond Ordinance and this Ordi- issued as Term Bonds, the Term tion date shall not be later than ten nance for the purpose stated in Sec- Bonds shall be subject to mandatory years from the first Interest Payment tion 1 hereof. The Bonds shall be des- sinking fund redemption and be Date, and the highest redemption ignated “Bridges and Roadways redeemed pursuant to Mandatory price shall not be greater than 102% Improvement Bonds” and may con- Sinking Fund Redemption Require- of the principal amount redeemed tain such further designation as pro- ments, at a redemption price of 100% plus accrued interest to the redemp- vided in the certificate of award pro- of the principal amount redeemed, tion date. Based on the written advice viding for the final terms of the Bonds plus interest accrued to the redemp- of a financial advisor, the Director of and the sale of the Bonds signed by tion date, on the Mandatory Redemp- Finance may determine in the Certifi- the Director of Finance in accordance tion Dates. cate of Award that it is in the best with this Ordinance (the “Certificate The aggregate of the moneys to be interests of the City for some or all of of Award”). The Bonds shall be issued deposited with the Escrow Agent, cur- the Bonds not to be callable prior to in one lot as fully registered Bonds in rently The Huntington National their stated maturity. denominations of $5,000 or any inte- Bank, for payment of principal of and If optional redemption at a price gral multiple thereof. The Bonds interest on any Term Bonds shall exceeding 100% of the principal shall be numbered as determined by include amounts sufficient to redeem amount to be redeemed is to take the Director of Finance. on the Mandatory Redemption Dates place as of any applicable Mandatory The Bonds shall be issued in the the principal amount of Term Bonds Redemption Date, the Bonds, or por- principal amount specified in the Cer- payable on those dates pursuant to tions thereof, to be redeemed option- tificate of Award, which shall not the Mandatory Sinking Fund ally shall be selected by lot prior to exceed the amount stated in Section 1 Redemption Requirements (less the the selection by lot of the Bonds to be 524 April 11, 2012 The City Record 53 redeemed on the same date by opera- amounts of $5,000 or any integral mul- held by the Registrar on the redemption of the Mandatory Sinking Fund tiple thereof, shall be made by the tion date, and, if notice of redemption Redemption Requirements of para- Registrar by lot in a manner deter- has been deposited in the mail, then graph (a). The Bonds shall be mined by the Registrar. In the case of from and after the redemption date redeemed pursuant to this paragraph a partial redemption or purchase of those Bonds and portions thereof only upon written notice from the Bonds by lot when Bonds of denomi- called for redemption shall cease to Director of Finance to the Registrar. nations greater than $5,000 are then bear interest and no longer shall be That notice shall specify the redemp- outstanding, each $5,000 unit of prin- considered to be outstanding. If that tion date and the principal amount of cipal thereof shall be treated as money shall not be so available on the each maturity of Bonds to be though it were a separate Bond of the redemption date, or that notice shall redeemed, and shall be given at least denomination of $5,000. If it is deter- not have been deposited in the mail, 45 days prior to the redemption date mined that one or more, but not all of those Bonds and portions thereof or such shorter period as shall be the $5,000 units of principal amount shall continue to bear interest, until acceptable to the Registrar. There represented by a Bond are to be called they are paid, at the same rate as they shall be deposited with the Registrar for redemption, then upon notice of would have borne had they not been on or prior to the redemption date redemption of a $5,000 unit or units, called for redemption. All money held funds sufficient to redeem at the the registered owner of that Bond by the Registrar for the redemption of redemption price all of the shall surrender the Bond to the Regis- particular Bonds shall be held in trust redeemable Bonds for which notice of trar (i) for payment of the redemption for the account of the registered own- redemption has been given. or purchase price of the $5,000 unit or ers and shall be paid to them, respec- (c) Purchase in Lieu of Redemp- units called for redemption (includ- tively, upon presentation and surren- tion. If and to the extent provided in ing, without limitation, the interest der of those Bonds. the Certificate of Award, the City may accrued to the date fixed for redemp- The debt charges on the Bonds elect to purchase Bonds called for tion and any premium), and (ii) for shall be payable in lawful money of optional redemption in lieu of redeem- issuance, without charge to the regis- the United States of America without ing those Bonds. That election shall tered owner thereof, of a new Bond or deduction for the services of the Reg- be exercised by written direction Bonds of any authorized denomina- istrar or Escrow Agent as paying from the Director of Finance to the tion or denominations in an aggre- agent. Principal shall be payable Registrar and the Escrow Agent. gate principal amount equal to the when due upon presentation and sur- That written direction shall state unmatured portion of the Bond not render of the Bonds at the principal whether all or less than all of the redeemed or purchased and bearing corporate trust office of the Regis- Bonds called for optional redemption interest at the same rate and matur- trar. Interest on a Bond shall be paid are to be purchased by the City in lieu ing on the same date as the Bond sur- on each Interest Payment Date by of redemption, shall identify the rendered. check or draft mailed to the person in Bonds to be purchased by their matu- (e) Notice of Redemption. The whose name the Bond was registered, rity date and shall specify the princi- notice of the call for redemption of and to that person’s address appear- pal amount of each maturity to be pur- Bonds shall identify (i) by designa- ing, on the Bond Register (as defined chased in lieu of redemption. If less tion, letters, numbers or other distin- in Section 3 hereof) at the close of than all of the Bonds called for option- guishing marks, the Bonds or por- business on the date provided in the al redemption are to be purchased in tions thereof to be redeemed, (ii) the Registrar Agreement authorized and lieu of redemption, the amount of redemption price to be paid, (iii) the defined in Section 3 hereof (the each maturity to be purchased shall date fixed for redemption, and (iv) “Record Date”). Notwithstanding any be in amounts of $5,000 or integral the place or places where the amounts contrary provision in the General multiples of $5,000. Any Bonds called due upon redemption are payable. Bond Ordinance, so long as the Bonds for optional redemption that are not The notice shall be given by the Reg- are held by a Depository in a book to be purchased shall be redeemed in istrar on behalf of the City by mailing entry system (as described in Sec- accordance with their redemption pro- a copy of the redemption notice by tion 3 hereof), debt charges on the visions. The purchase price of the first-class mail, postage prepaid, at Bonds will be payable in lawful Bonds to be purchased in lieu of least 30 days prior to the date fixed money of the United States by wire redemption shall be equal to the prin- for redemption (or such period speci- transfer to the Depository made by cipal of, any accrued but unpaid inter- fied in the Certificate of Award), to the Escrow Agent on each Interest est on, and any premium that would the registered owner of each Bond Payment Date. have been payable on the Bonds on subject to redemption in whole or in This Series Bond Ordinance is the redemption date if the Bonds had part at the registered owner’s address enacted pursuant to the General Bond been optionally redeemed instead of shown on the Bond Register main- Ordinance. The General Bond Ordi- being purchased. No notice of the pur- tained by the Registrar at the close of nance, except for the third paragraph chase in lieu of redemption is business on the fifteenth day preced- of Section 13(a) (pertaining general- required to be given to the owners of ing that mailing and to any provider ly to an adjustment of the interest the Bonds in addition to the notice of of a Credit Support Instrument (as rate in an event of default) and the redemption required by this Ordi- defined in Section 15 hereof) for the third paragraph of Section 4 (pertain- nance. The Escrow Agent or Regis- Bonds or designated portions thereof. ing generally to the periods during trar, as paying agent, shall not pur- Failure to receive notice by mail or which the City is not required to make chase Bonds if sufficient moneys any defect in that notice regarding any transfers or exchanges of bonds have not been deposited with the any Bond, however, shall not affect issued under the General Bond Ordi- Escrow Agent or Registrar, as paying the validity of the proceedings for the nance), will apply to the Bonds. agent, by the City for the purpose. On redemption of any Bond. Any notice Except for those provisions, the Gen- or prior to the scheduled date for of redemption of any Bonds may spec- eral Bond Ordinance is included as a optional redemption, the City may ify that the redemption is contingent part of this Ordinance as fully as if rescind its direction to purchase the on the deposit of moneys with the restated in this Ordinance. Words and Bonds in lieu of redemption by writ- Escrow Agent or Registrar, as paying terms not otherwise defined in this ten notice from the Director of agent, on or prior to the redemption Ordinance shall have the same mean- Finance to the Registrar and the date in an amount sufficient to pay ing as set forth in the General Bond Escrow Agent. In the event that the the redemption price of the Bonds to Ordinance. direction to purchase is rescinded, the be redeemed. Section 3. Execution, Authentica- Bonds shall be redeemed on the (f) Payment of Redeemed Bonds. tion, Approval and Recording of the redemption date set forth in the notice Notice having been mailed in the man- Bonds; Exchange and Transfer of the of redemption delivered to the owners ner provided in the preceding para- Bonds; Paying Agents. The Bonds of the Bonds and in accordance with graph, and moneys having been shall express upon their faces the pur- the provisions of this Ordinance. deposited by the City with the Escrow pose for which they are issued and (d) Partial Redemption or Pur- Agent or Registrar, as paying agent, that they are issued pursuant to this chase. If fewer than all of the out- in an amount sufficient to pay the Ordinance. Pursuant to Section 4 of standing Bonds are called for redemp- redemption price, the Bonds and por- the General Bond Ordinance, each tion at one time (whether for redemp- tions thereof called for redemption Bond shall be authenticated by the tion or purchase in lieu of redemp- shall become due and payable on the manual signature of an authorized tion), they shall be called in the order redemption date, and, upon presenta- officer of the Trustee (as defined of maturities directed by the Director tion and surrender at the place or therein). The Bonds shall be signed of Finance. If fewer than all Bonds of places specified in that notice, shall by the City’s Mayor and by the City’s a single maturity are to be redeemed be paid. If money for the redemption Director of Finance, and, consistent or purchased in lieu of redemption, of all of the Bonds and portions therewith Section 133.27 of the Ohio the selection of Bonds to be redeemed of to be redeemed, including interest Revised Code and notwithstanding or purchased, or portions thereof in accrued to the redemption date, is Section 177.02 of the Codified Ordi- 525 54 The City Record April 11, 2012 nances of the City, either or both of dered and bearing interest at the entry on the system maintained and those signatures may be a facsimile. same rate and maturing on the same operated by the Depository and its The Bonds shall bear the seal of the date. Participants, and transfers of the City, which seal may be a facsimile If manual signatures on behalf of ownership of beneficial interests seal. Pursuant to Section 83 of the the City are required, the Registrar shall be made only by book entry by City’s Charter, the Director of Law shall undertake the exchange or the Depository and its Participants; shall prepare the Bonds and shall transfer of Bonds only after the new and (iv) the Bonds as such shall not endorse thereon his approval of the Bonds are signed by the authorized be transferable or exchangeable, form and correctness thereof by his officers of the City. In all cases of except for transfer to another Deposi- manual or facsimile signature. Bonds exchanged or transferred, the tory or to another nominee of a Depos- U.S. Bank National Association is City shall sign and the Registrar itory, without further action by the appointed to act as the authenticating shall authenticate and deliver Bonds City. agent, bond registrar, transfer agent in accordance with the provisions of If any Depository determines not to and paying agent for the Bonds (the this Ordinance. The exchange or continue to act as a Depository for the “Registrar”). The Registrar shall also transfer shall be without charge to Bonds for use in a book entry system, act as paying agent for the Bonds so the owner, except that the City and the Director of Finance may attempt long as the Bonds are held in a book Registrar may make a charge suffi- to establish a securities depo - entry system. The Director of Finance cient to reimburse them for any tax or sitory/book entry relationship with is authorized to sign and deliver, in other governmental charge required another qualified Depository. If the the name and on behalf of the City, an to be paid with respect to the Director of Finance does not or is agreement between the City and the exchange or transfer. The City or the unable to do so, the Registrar, after Registrar (the “Registrar Agree- Registrar may require that those making provision for notification of ment”), approved as to form and cor- charges, if any, be paid before the pro- the beneficial owners by the then rectness by the Director of Law, pro- cedure is begun for the exchange or Depository and any other arrange- viding for services relating to the reg- transfer. All Bonds issued and ments deemed necessary, shall permit istration, transfer, exchange and pay- authenticated upon any exchange or withdrawal of the Bonds from the ment of the Bonds on terms approved transfer shall be valid obligations of Depository, and the Trustee and Reg- by the Director of Finance on behalf the City, evidencing the same debt, istrar shall authenticate and deliver of the City and consistent with this and entitled to the same security and bond certificates in registered form to Ordinance and not substantially benefit under this Ordinance, as the the assigns of the Depository or its adverse to the City. That approval Bonds surrendered upon that nominee, all at the cost and expense shall be conclusively evidenced by exchange or transfer. (including any costs of printing), if the signing of the Registrar Agree- Notwithstanding any other provi- the event is not the result of City ment by the Director of Finance. The sions of this Ordinance, if it is deter- action or inaction, of those persons Director of Finance shall provide for mined by the Director of Finance to requesting such issuance. the payment of the services rendered be advantageous to the City, the The Director of Finance is also and for reimbursement of expenses Bonds may be issued in book entry hereby authorized and directed to the incurred pursuant to the Registrar form in accordance with the provi- extent necessary or required to enter Agreement from the proceeds of the sions of this Section. As used in this into any agreements determined nec- Bonds to the extent available and Section and this Ordinance: essary in connection with the book then from other money lawfully avail- “Book entry form” or “book entry entry system for the Bonds, after able and appropriated or to be appro- system” means a form or system determining that the signing thereof priated for that purpose. under which (i) the ownership of ben- will not endanger the funds or securi- So long as any of the Bonds remain eficial interests in Bonds and the prin- ties of the City and after the approval outstanding, the City will cause the cipal of and interest on the Bonds may of the form of any such agreement by Registrar to maintain and keep at its be transferred only through a book the Director of Law. principal corporate trust office all entry, and (ii) physical Bond certifi- Section 4. Sale of Bonds. The Bonds books and records necessary for the cates in fully registered form are shall first be offered for purchase to registration, exchange and transfer issued by the City only to a Deposito- the Trustees of the Sinking Fund and, of Bonds as provided in this Section ry or its nominee as registered owner, if not purchased by them, shall be (the “Bond Register”). The person in with the Bonds “immobilized” in the offered to the Treasury Investment whose name a Bond is registered on custody of the Depository. The book Account for purchase and, if not pur- the Bond Register shall be regarded entry maintained by others than the chased for that Account, shall be sold as the absolute owner of that Bond for City is the record that identifies the to one or more firms that have pro- all purposes of this Ordinance. Pay- owners of beneficial interests in those posed to underwrite the Bonds and ment of or on account of the debt Bonds and that principal and interest. have been selected by the Director of charges on any Bond shall be made “Depository” means any securities Finance based on an evaluation of the only to or upon the order of that per- depository that is a clearing agency qualifications of those firms (collec- son; neither the City nor the Registrar under federal law operating and tively, the “Original Purchaser”). shall be affected by any notice to the maintaining, with its Participants or The Bonds shall be awarded to the contrary, but the registration may be otherwise, a book entry system to Original Purchaser in the Certificate changed as provided in this Section. record ownership of beneficial inter- of Award which shall specify the All such payments shall be valid and ests in bonds or the principal and final terms of the Bonds in accor- effectual to satisfy and discharge the interest, and to effect transfers of dance with law, the provisions of this City’s liability upon the Bond, includ- bonds, in book entry form, and Ordinance, the written advice of a ing interest, to the extent of the includes and means initially The financial advisor retained under amount or amounts so paid. Depository Trust Company (a limited authority of Section 16 hereof and the Any Bond may be exchanged for purpose trust company), New York, Original Purchaser’s offer to pur- Bonds of any authorized denomina- New York. chase the Bonds, including: the prin- tion upon presentation and surrender “Participant” means any partici- cipal amount of the Bonds, the pur- at the principal corporate trust office pant contracting with a Depository chase price (which shall be not less of the Registrar, together with a under a book entry system and than 97% of the principal amount of request for exchange signed by the includes security brokers and dealers, the Bonds plus any accrued interest to registered owner or by a person legal- banks and trust companies, and clear- their date of delivery), interest rate or ly empowered to do so in a form satis- ing corporations. rates, the amounts and years in which factory to the Registrar. A Bond may The Bonds may be issued to a principal installments are payable be transferred only on the Bond Reg- Depository for use in a book entry (at stated maturity or pursuant to ister upon presentation and surrender system and, if and as long as a book Mandatory Sinking Fund Redemption of the Bond at the principal corporate entry system is utilized: (i) the Bonds Requirements), the Interest Payment trust office of the Registrar together may be issued in the form of a single, Dates and the date of the Bonds and with an assignment signed by the reg- fully registered Bond representing any other matters required in this istered owner or by a person legally each maturity and registered in the Ordinance to be set forth in that Cer- empowered to do so in a form satis- name of the Depository or its nomi- tificate. As appropriate under the factory to the Registrar. Upon nee, as registered owner, and immobi- Charter, the Mayor, Director of exchange or transfer the Registrar lized in the custody of the Depository; Finance, Director of Law, Clerk of shall complete, authenticate and (ii) the beneficial owners in book Council and other appropriate offi- deliver a new Bond or Bonds of any entry form shall have no right to cers of the City are, and each of them authorized denomination or denomi- receive Bonds in the form of physical is, authorized to take such actions as nations requested by the owner equal securities or certificates; (iii) owner- are necessary, appropriate and in the in the aggregate to the unmatured ship of beneficial interests in book best interest of the City to establish principal amount of the Bond surren- entry form shall be shown by book the terms and requirements for deliv- 526 April 11, 2012 The City Record 55 ery of the Bonds and to make such shall be placed in the Unvoted Tax made for paying all other sums arrangements as are necessary with Supported Obligations Account of the payable hereunder, then and in that the Original Purchaser in order to Sinking Fund as required by the Gen- event this Ordinance (except for Sec- establish the date, location, proce- eral Bond Ordinance, and those funds, tion 8(b) hereof) shall cease to be of dures, and conditions for the delivery together with the interest collected on further effect, and the covenants, of the Bonds to the Original Purchas- them, shall be irrevocably pledged for agreements and other obligations of er, to give all appropriate notices and the payment of principal of and inter- the City under this Ordinance shall be certificates, to cause a true transcript est on the Bonds when and as the discharged and satisfied, and thereof proceedings with reference to the same fall due; provided, however, upon the Trustee shall at the request issuance of the Bonds to be delivered that, subject to the provisions of Sec- of the City execute and deliver to the to the Original Purchaser, to sign any tion 8 of the General Bond Ordinance, City such instruments in writing as transcript certificates, financial in each year to the extent that rev- shall discharge the lien hereof and statements and other documents and enues are available from other enter on the record such discharge of instruments and to take such actions sources for the payment of the Bonds the lien and such other instruments as as are necessary or appropriate to and are appropriated for such pur- may be reasonably required by the consummate the transactions contem- pose, the amount of such tax shall be City. plated by this Ordinance and to take reduced by the amount of such rev- (b) Payment and Discharge of all steps necessary to effect the due enues so available and appropriated. Bonds. Outstanding Bonds shall be execution, authentication and deliv- This Council hereby covenants, on deemed to have been paid and dis- ery of the Bonds. The Director of behalf of the City and its officials, charged within the meaning of this Finance is further authorized to sign pursuant to the authorization under Ordinance, including without limita- and deliver on behalf of the City a Sections 133.25(B)(1) and 5705.51 of tion, Section 8(a) hereof, if: bond purchase agreement between the Ohio Revised Code, and in accor- (i) the Escrow Agent or Paying the City and the Original Purchaser dance with the provisions of and to Agent shall hold in special accounts (the “Bond Purchase Agreement”), the extent required or permitted by or subaccounts, in trust for and irrev- approved as to form and correctness the General Bond Ordinance, that the ocably committed solely thereto, suf- by the Director of Law, setting forth City will appropriate annually from ficient moneys; or the terms and conditions on which the the proceeds of the City’s municipal (ii) the Escrow Agent shall hold in City agrees to sell the Bonds and the income taxes an amount as is neces- special accounts or subaccounts, in Original Purchaser agrees to buy the sary to meet the annual debt charges trust for and irrevocably committed Bonds, which shall be consistent with for the Bonds. solely thereto, direct obligations of this Ordinance, not substantially Section 6. Application of Proceeds. the United States certified by an inde- adverse to the City, and approved by The proceeds from the sale of the pendent public accounting firm of the Director of Finance and Director Bonds, except for accrued interest national reputation to be of such of Law on behalf of the City, all of thereon and any premium, shall be maturities and interest payment which shall be conclusively evi- expended and applied for the objects dates and to bear such interest, with- denced by the signing of the Bond and purposes for which the Bonds are out further investment or reinvest- Purchase Agreement by the Director issued. The proceeds of the Bonds to ment of either the principal amount of Finance. It is determined that the be applied to pay costs of any Credit thereof or the interest earnings there- terms of the Bonds, as provided in this Support Instruments obtained pur- from (likewise to be held in trust and Ordinance and as may be provided in suant to Section 15 hereof shall be committed, except as hereinafter pro- or pursuant to the Certificate of paid to the provider or providers of vided), as will be sufficient, together Award, are in the best interest of the those Credit Support Instruments. with moneys referred to in (i) above, City and in compliance with all legal The proceeds of the Bonds to be used for the payment, at their maturities or requirements. to pay costs of issuing the Bonds shall redemption dates, of all debt charges Pursuant to Section 133.30(B) of the be deposited with the Registrar in a on the Bonds to their date of maturity Ohio Revised Code, the Director of separate account under the Registrar or redemption, as the case may be, or Finance may combine the Bonds with Agreement pending their application if default in such payment shall have other bonds into a single consolidated to the payment of such costs. Pur- occurred on such date then to the date issue of bonds for purposes of their suant to Chapter 133 of the Ohio of the tender of such payment; provid- sale as a single issue to be designated Revised Code and this Ordinance, and ed, that if any Bonds are to be “Various Purpose General Obligation notwithstanding Chapter 179 of the redeemed prior to the maturity there- Bonds, Series 2012” or such other des- Codified Ordinances, any accrued of, notice of such redemption shall ignation as may be set forth in the interest and any premium received have been duly given or irrevocable Certificate of Award. Such bonds from the sale of the Bonds shall be provision satisfactory to the Trustee shall contain a summary statement of deposited in the Unvoted Tax Sup- shall have been duly made for the giv- purposes encompassing the purpose ported Obligations Account of the ing of such notice. Any moneys held for which the Bonds are issued and Sinking Fund to be applied to the pay- by the Escrow Agent in accordance shall state that they are issued pur- ment of the principal of and interest with the provisions of this Section suant to this Ordinance. on the Bonds. shall be invested by the Escrow Section 5. Provision for Levying Section 7. General Obligation. The Agent in direct obligations of the and Collecting Tax. For the purpose Bonds are secured by a pledge and United States of America maturing, or of providing the necessary funds to lien on a parity with the pledges and redeemable at the option of the hold- pay the interest on the Bonds prompt- liens authorized by the General Bond er, at times and in amounts sufficient ly when and as the same falls due, Ordinance and, in addition to the to meet payment of debt charges on and also to provide for the discharge taxes and revenues specifically the Bonds, as directed by the Director of the Bonds at maturity, there shall pledged pursuant to this Ordinance of Finance. Any income or interest be and is levied on all the taxable and the General Bond Ordinance and earned by, or increment to, the invest- property in the City, in addition to all the other covenants, terms and agreements held under this Section shall, to other taxes, a direct tax annually dur- ments provided hereunder and in the the extent determined from time to ing the period the Bonds are out- General Bond Ordinance to secure time by the Escrow Agent to be in standing, in an amount sufficient to payment of the principal of and inter- excess of the amount required to be provide for the payment of that interest on the Bonds, the City hereby held by it for the purposes of this Sec- est, when and as the same shall fall determines, declares, warrants and tion, be transferred at the time of due, and also to discharge the princi- covenants that the Bonds are general such determination as provided in pal of the Bonds at maturity, which obligations of the City and that the Section 17(a) of the General Bond tax shall not be less than the interest full faith and credit of the City are Ordinance for unclaimed funds held and sinking fund tax required by Sec- hereby pledged for the payment of the by a Paying Agent. In the event of tion 11 of Article XII of the Constitu- principal of and interest on the Bonds nonpresentment of any Bond as tion of Ohio. in accordance with the laws and Con- described in Section 17(a) of the Gen- The tax shall be and is ordered com- stitution of the State of Ohio, this eral Bond Ordinance, the moneys held puted, certified, levied and extended Ordinance and the General Bond Ordi- pursuant to this Section shall be held upon the tax duplicate and collected nance. and paid as provided in said Sec- by the same officers, in the same man- Section 8. Defeasance. tion 17(a) for unclaimed funds held ner and at the same time that taxes (a) Release of Ordinance. If the by a Paying Agent. for general purposes for each of those City shall pay or cause to be paid and Section 9. Bond Anticipation Notes. years are certified, extended and col- discharged all the outstanding Bonds, For the purpose of raising money in lected. The tax shall be placed before or there shall otherwise be paid to the anticipation of the issuance of the and in preference to all other items holders of the outstanding Bonds all Bonds for the purpose set forth in Sec- and for the full amount thereof. The debt charges due or to become due tion 1 hereof, notes of the City may be funds derived from those tax levies thereon, and provision shall also be issued in an aggregate principal 527 56 The City Record April 11, 2012 amount not to exceed Twenty Million of or on account of the debt charges Mayor and by the City’s Director of Five Hundred Thousand Dollars on any Note shall be made only to or Finance, and, consistent with Section ($20,500,000) (the “Notes”) upon the upon the order of that person; neither 133.27 of the Ohio Revised Code and direction of the Director of Finance to the City nor the Note Registrar shall notwithstanding Section 177.02 of the be set forth in a certificate providing be affected by any notice to the con- Codified Ordinances of the City, for the final terms of the Notes and trary, but the registration may be either or both of those signatures may the sale of the Notes and signed by the changed as provided in this Section. be a facsimile. The Notes shall bear Director of Finance (the “Note Certifi- All such payments shall be valid and the seal of the City, which seal may be cate of Award”). effectual to satisfy and discharge the a facsimile seal. Pursuant to Sec- (a) Terms of the Notes. The Notes City’s liability upon the Note, includ- tion 83 of the City’s Charter, the Direc- shall bear interest at such rate, not ing interest, to the extent of the tor of Law shall prepare the Notes and exceeding six percent (6%) per year, amount or amounts so paid. shall endorse thereon his approval of as may be fixed by the Director of Any Note may be exchanged for the form and correctness thereof by Finance of the City in the Note Cer- Notes of any authorized denomination his manual or facsimile signature. tificate of Award; shall be dated their upon presentation and surrender at (c) Sale of the Notes. The Notes date of issuance; shall mature on the the principal corporate trust office of shall first be offered for purchase to date set forth in the Note Certificate the Note Registrar, together with a the Trustees of the Sinking Fund and, of Award, which shall be no later than request for exchange signed by the if not purchased by them, shall be registered owner or by a person legal- five years from such date of issuance; offered to the Treasury Investment ly empowered to do so in a form satis- shall be subject to redemption by the Account for purchase and, if not pur- City at any time prior to maturity factory to the Note Registrar. A Note chased for that Account, shall be sold without penalty, provided that, if the may be transferred only on the Note to one or more firms that have pro- Director of Finance, based on the Register upon presentation and sur- posed to underwrite the Notes and advice of a financial advisor, deter- render of the Note at the principal cor- have been selected by the Director of mines that it is in the best interest of porate trust office of the Note Regis- Finance based on an evaluation of the the City in order to enhance the mar- trar together with an assignment ketability of the Notes, the Director of signed by the registered owner or by qualifications of those firms (the Finance may cause the Notes to not be a person legally empowered to do so “Note Purchaser”) in the principal redeemable for a period which ends in a form satisfactory to the Note Reg- amount set forth in a certificate of no later than the date which is two istrar. Upon exchange or transfer the award to be executed by the Director years following the date of issuance Note Registrar shall complete, of Finance (the “Note Certificate of of the Notes; shall be designated authenticate and deliver a new Note Award”) at not less than par and “Bridges and Roadways Improvement or Notes of any authorized denomina- accrued interest and at a rate not Bond Anticipation Notes”; shall be tion or denominations requested by exceeding that set forth in Section 10 issued in such numbers and denomi- the owner equal in the aggregate to hereof. The proceeds of such sale nations as may be requested by the the unmatured principal amount of shall be paid into the proper fund and Note Purchaser (hereinafter defined); the Note surrendered and bearing used for the purpose for which the and shall be issued in fully registered interest at the same rate and matur- Notes are being issued under the pro- form (which may be in a book entry ing on the same date. visions of this Ordinance. only system) in denominations of If manual signatures on behalf of (d) Security for the Notes. The $5,000 or integral multiples thereof. the City are required, the Note Regis- Notes shall be the full general obliga- Interest shall be payable semiannual- trar shall undertake the exchange or tions of the City, and the full faith, ly on the dates set forth in the Note transfer of Notes only after the new credit and revenue of the City are Certificate of Award; provided that if Notes are signed by the authorized hereby pledged for the prompt pay- the Notes mature on or before the end officers of the City. In all cases of ment of the same. The par value to be of the twelfth month following their Notes exchanged or transferred, the received from the sale of the Notes date of issuance, interest on the Notes City shall sign and the Note Registrar and any excess funds resulting from shall be payable at maturity. shall authenticate and deliver Notes the issuance of the Notes shall, to the U.S. Bank National Association is in accordance with the provisions of extent necessary, be used for the appointed to act as the authenticating this Ordinance. The exchange or retirement of the Notes at maturity, agent, registrar, transfer agent and transfer shall be without charge to together with the interest thereon, paying agent for the Notes (the “Note the owner, except that the City and and are hereby pledged for such pur- Registrar”). The Escrow Agent also Note Registrar may make a charge pose. shall act as paying agent for the sufficient to reimburse them for any Section 10. Provision for Levying Notes if the Notes are held in a book tax or other governmental charge and Collecting Tax. During the year entry system. The Director of Finance required to be paid with respect to the or years while the Notes are outstand- shall sign and deliver, in the name exchange or transfer. The City or the ing there shall be levied on all the and on behalf of the City, an agree- Note Registrar may require that those taxable property in the City, in addi- ment among the City, the Note Regis- charges, if any, be paid before the pro- tion to all other taxes but within tax trar and the Escrow Agent (the “Note cedure is begun for the exchange or limitations, a direct tax annually not transfer. All Notes issued and authen- Registrar Agreement”) providing for less than that which would have been ticated upon any exchange or trans- services relating to the registration, levied if bonds had been issued there- fer shall be valid obligations of the transfer, exchange and payment of for without the prior issue of the City, evidencing the same debt, and Notes on terms that are approved by Notes. That tax shall be and is the Director of Finance on behalf of entitled to the same security and ben- ordered computed, certified, levied the City. That approval shall be con- efit under this Ordinance, as the Notes and extended upon the tax duplicate clusively evidenced by the signing of surrendered upon that exchange or and collected by the same officers, in the Note Registrar Agreement by the transfer. the same manner and at the same Director of Finance. The Director of Pursuant to Section 133.30(B) of the time that taxes for general purposes Finance shall provide for the pay- Ohio Revised Code, the Director of for each year are certified, extended ment of the services rendered and for Finance may combine the Notes with reimbursement of expenses incurred other bond anticipation notes of the and collected. That tax shall be pursuant to the Note Registrar Agree- City for purposes of their sale as a sin- placed before and in preference to all ment from the proceeds of the Notes to gle issue to be designated “Various other items and for the full amount the extent available and then from Purpose General Obligation Bond thereof. The funds derived from the other money lawfully available and Anticipation Notes.” The Notes shall tax levies required by this Ordinance appropriated or to be appropriated for contain a summary statement of pur- shall be placed in the Unvoted Tax that purpose. poses encompassing the purpose for Supported Obligations Account, and So long as any of the Notes remain which the Notes are issued and shall those funds, together with the inter- outstanding, the City will cause the state that they are issued pursuant to est collected on them, shall be irrevo- Note Registrar to maintain and keep this Ordinance. cably pledged for the payment of the at its principal corporate trust office (b) Execution and Payment of the principal and interest of the Notes or all books and records necessary for Notes. The Notes shall express upon the Bonds in anticipation of which the registration, exchange and trans- their faces the purpose for which they they are issued, when and as the same fer of Notes as provided in this Section are issued and that they are issued falls due; provided, however, that in (the “Note Register”). The person in pursuant to this Ordinance. Each Note each year to the extent that revenues whose name a Note is registered on shall be authenticated by the manual are available from other sources for the Note Register shall be regarded as signature of an authorized officer of the payment of the Notes and Bonds the absolute owner of that Note for all the Trustee (as defined therein). The and are appropriated for such pur- purposes of this Ordinance. Payment Notes shall be signed by the City’s pose, the amount of such direct tax 528 April 11, 2012 The City Record 57 upon all of the taxable property in the (b) All covenants, terms and provi- limitation thereto, any of the elec- City may be reduced by the amount of sions of the General Bond Ordinance tions provided for in such revenues so available and appro- are fully applicable to the Bonds and Section 148(f)(4)(C) of the Code or priated. the Notes authorized herein, and noth- available under Section 148 of the Section 11. Official Statement; Con- ing in this Ordinance shall be deemed Code, for the purpose of assuring, tinuing Disclosure. If, in the judg- to alter or restrict such full applica- enhancing or protecting favorable ment of the Director of Finance, a dis- tion of the General Bond Ordinance, tax treatment or status of the Notes closure document (each, an “Official except for the exclusion from applica- and the Bonds or interest thereon or Statement”) is appropriate or neces- tion to the Bonds and the Notes autho- assisting compliance with require- sary in connection with the sale of the rized herein of the provisions of the ments for that purpose, reducing the Notes or the Bonds, the Director of third paragraph of Section 13(a) and burden or expense of such compli- Finance is authorized to prepare or the third paragraph of Section 4 of the ance, reducing the rebate amount or cause to be prepared on behalf of the General Bond Ordinance, pursuant to payments or penalties, or making City an Official Statement with Section 2 hereof. payments of special amounts in lieu respect to the Notes or the Bonds, as Section 13. Captions. The captions of making computations to deter- the case may be, and any necessary or headings in this Ordinance are for mine, or paying, excess earnings as supplements and to authorize the use convenience only and in no way rebate, or obviating those amounts or and distribution of each Official define, limit or describe the scope or payments, as determined by that offi- Statement and any supplements. The intent of any provisions or sections of cer, which action shall be in writing Director of Finance is authorized to this Ordinance. and signed by the officer, (b) to take sign on behalf of the City and in her Section 14. Federal Tax Covenants. any and all other actions, make or official capacity each Official State- The City covenants that it will use, obtain calculations, make payments, ment and any supplements approved and will restrict the use and invest- and make or give reports, covenants by her. The Director of Finance is ment of, the proceeds of the Notes and and certifications of and on behalf of authorized to sign and deliver on the Bonds in such manner and to such the City, as may be appropriate to behalf of the City and in her official extent as may be necessary so that assure the exclusion of interest from gross income and the intended tax capacity such certificates in connec- (a) the Notes and the Bonds will not status of the Notes and the Bonds, and tion with the accuracy of each Offi- (i) constitute private activity bonds, arbitrage bonds or hedge bonds under (c) to give one or more appropriate cial Statement and any supplements Sections 141, 148 or 149 of the Internal certificates of the City, for inclusion as may, in the judgment of the Direc- Revenue Code of 1986, as amended in the transcript of proceedings for tor of Finance, be necessary or appro- (the “Code”) or (ii) be treated other the Notes and the Bonds, setting forth priate. The Director of Finance is also than as bonds to which Section 103(a) the reasonable expectations of the authorized to determine and certify of the Code applies, and (b) the inter- City regarding the amount and use of on behalf of the City that such disclo- est thereon will not be treated as an all the proceeds of the Notes and the sure document is “deemed final” by item of tax preference under Sec- Bonds, the facts, circumstances and the City within the meaning of Secu- tion 57 of the Code. estimates on which they are based, rities and Exchange Commission The City further covenants that (a) and other facts and circumstances rel- Rule 15c2-12 (the “SEC Rule”). The it will take or cause to be taken such evant to the tax treatment of the Director of Finance is authorized to actions that may be required of it for interest on and the tax status of the contract for services for the produc- the interest on the Notes and the Notes and the Bonds. tion and distribution of preliminary Bonds to be and to remain excluded Section 15. Credit Enhancement and and final Official Statements, includ- from gross income for federal income Ratings. If, in the judgment of the ing by printed and electronic means. tax purposes, (b) it will not take or Director of Finance, based on the For the benefit of the holders and authorize to be taken any actions that written advice of a Financial Advisor, beneficial owners from time to time of would adversely affect that exclu- the filing of an application for a rat- the Notes or the Bonds, the City sion, and (c) it, or persons acting for ing on the Bonds or designated por- agrees, in accordance with, and as the it, will, among other acts of compli- tion thereof by one or more nationally only obligated person with respect to ance, (i) apply the proceeds of the recognized rating agencies is in the the Notes and the Bonds under the Notes and the Bonds to the govern- best interest of the City, the Director SEC Rule, to provide or cause to be mental purpose of the borrowing, (ii) of Finance is authorized to prepare provided such financial information restrict the yield on investment prop- and submit those applications and to and operating data and notices, in erty acquired with those proceeds, provide to each such agency such (iii) make timely and adequate pay- such manner as may be required for information as may be required for ments to the federal government, (iv) purposes of the SEC Rule. In order to the purpose. The Director of Finance maintain books and records and make is authorized to contract for one or describe and specify certain terms of calculations and reports, and (v) more Credit Support Instruments for the City’s continuing disclosure refrain from certain uses of those pro- the Bonds or designated portions agreement for that purpose, and ceeds, and, as applicable, of property thereby to implement that agreement, financed with such proceeds, all in thereof if the Director determines, including provisions for enforcement, such manner and to the extent neces- based on the written advice of a amendment and termination, the sary to assure such exclusion of that Financial Advisor, that the Credit Director of Finance is authorized and interest under the Code. Support Instruments will result in directed to prepare, or cause to be pre- Each covenant made in this Section debt service savings to the City. As pared, and to sign and deliver, in the with respect to the Notes and the used in this Section, “Credit Support name and on behalf of the City, a con- Bonds is also made with respect to all Instrument” means an insurance poli- tinuing disclosure agreement or cer- issues any portion of the debt service cy, surety, letter of credit, or other tificate, which shall constitute the on which is paid from proceeds of the instrument used to enhance or pro- continuing disclosure agreement Notes or the Bonds (and, if different, vide for the security of Bonds. The cost of obtaining each rating and the made by the City for the benefit of the the original issue and any refunding cost of obtaining each Credit Support holders and beneficial owners of the issues in a series of refundings), to Instrument, except to the extent paid Notes or the Bonds, as the case may the extent such compliance is neces- by the Original Purchasers in accor- be, in accordance with the SEC Rule. sary to assure exclusion of interest on dance with the Bond Purchase Agree- The performance of that agreement the Notes and the Bonds from gross income for federal income tax purpos- ment, shall be paid from the proceeds shall be subject to the availability of es, and the officers identified above of Bonds or funds appropriated for funds and their annual appropriation are authorized to take actions with that purpose. to meet costs the City would be respect to those issues as they are Section 16. Financial Advisor. The required to incur to perform it. The authorized in this Section to take with Director of Finance may obtain the Director of Finance is further autho- respect to the Notes and the Bonds. services of one or more financial advi- rized and directed to establish proce- The Director of Finance, as the fis- sors, from time to time, to assist the dures in order to ensure compliance cal officer, or any other officer of the Director of Finance in making any of by the City with its continuing disclo- City having responsibility for the determinations required by this sure agreement, including the timely issuance of the Notes and the Bonds is Ordinance to be determined by the provision of information and notices. hereby authorized (a) to make or Director of Finance. The Director of Section 12. Miscellaneous. effect any election, selection, desig- Finance may rely on the written (a) Any provisions of the Codified nation, choice, consent, approval, or advice of any financial advisor so Ordinances of the City that are incon- waiver on behalf of the City with retained. Any financial advisor sistent with the provisions of this respect to the Notes and the Bonds as employed under the authority of this Ordinance and the General Bond Ordi- the City is permitted or required to Ordinance shall be disinterested in nance shall not apply to the Bonds or make or give under the federal the transaction and be independent of the Notes authorized herein. income tax laws, including, without the Original Purchasers and any 529 58 The City Record April 11, 2012 other party interested in the transac- section or part of a section or any pro- Ord. No. 458-12. tion. vision thereof, or the application By Council Member Cleveland. Section 17. Open Meeting Determi- thereof to any person or circum- An emergency ordinance authoriz- nation. It is found and determined stance, is held to be invalid, the ing and directing the Director of Pub- that all formal actions of this Council remaining sections or parts of sec- lic Service to issue a permit to Burten, and of any of its committees concern- tions and the application of such pro- Bell, Carr Development to stretch ing and relating to the passage of this visions to any other person or circum- banners at East 55th & Scovill near Ordinance were taken, and that all stance, other than those as to which it East Tech and East 39th & Communi- deliberations of this Council and any is held invalid, shall not be affected ty College Avenue, northeast side, for of its committees that resulted in thereby, and it is hereby declared to the period from May 23, to June 23, these formal actions were held, in be the legislative intent that the other 2012, inclusive, publicizing the 7th meetings open to the public in compli- provisions of this Ordinance would Annual Ward 5 Family Festival. ance with all legal requirements, have been passed independently of Whereas, this ordinance consti- including, without limitation, Sec- such section, or parts of a section, so tutes an emergency measure provid- tion 121.22 of the Ohio Revised Code. held to be invalid. ing for the usual daily operation of Section 18. Findings and Recitals of Section 21. Legislative Intent. All a municipal department; now, there- Validity. It is hereby determined, rep- terms, conditions, pledges, covenants fore, resented and recited that all acts, con- or agreements on the part of the City Be it ordained by the Council of ditions and things necessary to be provided for in this Ordinance are the City of Cleveland: done precedent to and in the issuing made by the voluntary act of the City Section 1. That notwithstanding of the Bonds and the Notes in order to under its lawful authority, including the provision of Section 623.13 of the make them legal, valid and binding its authority under its Charter and Codified Ordinances, of Cleveland, obligations of the City have hap- Article XVIII of the Constitution of Ohio, 1976, the Director of the pened, been done and been performed Ohio. Department of Public Service is in regular and due form as required Nothing in this Ordinance is intend- hereby authorized and directed to by law; and that no limitation of ed to, and no provision hereof shall be issue a permit to Burten, Bell, Carr Development to install, maintain indebtedness or taxation, either statu- applied in any manner as would, and remove banners at East 55th & tory or constitutional, will have been impair the obligation of contract of Scovill near East Tech and East exceeded in the issuance of the Bonds the City with respect to any outstand- 39th & Community College Avenue, or the Notes. It is further found and ing bonds, notes, certificates of northeast side for the period from determined, and is hereby represent- indebtedness, other obligations, trust May 23, 2012 to June 23, 2012, inclu- ed and recited, that the provisions of indentures, trust agreements, or other sive. Said banner shall be approved Sections 28, 29, 32, 33 (including the agreements or contracts made or by the Director of Public Service, in provisions of Section 33 with respect entered into by the City and for which consultation with the Director of to readings on three separate days or consideration was duly received by Public Safety, as to type, method of dispensing with such readings by a the City prior to the passage of this affixing and location so as not to two-thirds vote of all members of the Ordinance or the General Bond Ordi- interfere with any sign erected and Council), 36, 37, 48 and all other nance. maintained under the requirements applicable provisions of the City’s Section 22. Emergency Measure. of law or ordinance. The permission Charter and the rules of this Council This Ordinance is declared to be an of the owner of any pole from which have been fully complied with and emergency measure for the immedi- a banner will be hung must be this Ordinance was passed in confor- ate preservation of the public peace, obtained prior to issuance of the mity therewith. property, health and safety of the City permit. No commercial advertising Section 19. Delivery to County. The by providing funds to pay the costs of shall be printed or permitted on said Director of Finance is directed to for- certain permanent improvements banner and said banner shall be ward a certified copy of this Ordi- which are urgently needed for the removed promptly upon the expira- nance and of the Certificate of Award benefit of the City and for the usual tion of said permit. for the Bonds and any Note Certifi- daily operation of a municipal depart- Section 2. That this ordinance is cate of Award to the appropriate offi- ment, and, provided this Ordinance hereby declared to be an emergency cial of the County of Cuyahoga, Ohio receives the affirmative vote of two- measure and, provided it receives the and to secure a receipt therefor. thirds of all members elected to Coun- affirmative vote of two-thirds of all Section 20. Severability. Each sec- cil, it shall take effect and be in force the members elected to Council, it tion and each part of each section of immediately upon its passage and shall take effect and be in force imme- this Ordinance is hereby declared to approval by the Mayor; otherwise it diately upon its passage and approval be an independent section or part of a shall take effect and be in force from by the Mayor; otherwise, it shall take section and, notwithstanding any and after the earliest date allowed by effect and be in force from and after other evidence of legislative intent, it law. the earliest period allowed by law. is hereby declared to be the control- Passed April 2, 2012. Passed April 2, 2012. ling legislative intent that if any such Effective April 9, 2012. Effective April 9, 2012.

Ord. No. 460-12. By Council Members Pruitt and Sweeney (by departmental request). An emergency ordinance approving the collective bargaining agreement with the Municipal Construction Equipment Operators’ Labor Council (Water Plant Operators, Stationary Engineers, Boiler Room Operators); and to amend Section 12 of Ordinance No. 1689-11, passed November 28, 2011, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with the Municipal Construction Equipment Operators’ Labor Council (Water Plant Opera- tors, Stationary Engineers, Boiler Room Operators), under the terms contained in File No. 460-12-A, for the period from April 1, 2010 through March 31, 2013, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:

Increase Approximate Date of Increase*

0% April 1, 2010 0% April 1, 2011 3% April 1, 2012

* Wage increases shall be effective as follows: (a) If April 1st falls in the first week of a pay period, then the wage increase shall be effective commencing at the beginning of that pay period; or 530 April 11, 2012 The City Record 59

(b) If April 1st falls in the second week of a pay period, then the wage increase shall be effective commencing at the beginning of the next pay period. Section 2. That Section 12 of Ordinance No. 1689-11, passed November 28, 2011, is amended to read as follows: Section 12. Municipal Construction Equipment Construction Operators Labor Council (Water Plant Operators, Sta- tionary Engineers, Boiler Room Operators). That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after ea ch classification:

Minimum Maximum 1. Building Stationary Engineer ...... $18.52 $19.33 2. Chief Building Stationary Engineer...... 19.80 20.64 3. Chief Stationary Engineer ...... 21.04 21.91 4. Stationary Boiler Room Operator ...... 19.21 20.04 5. Water Plant Operato r I...... 20.28 21.14 6. Water Plant Operator II ...... 21.72 22.62

Section 3. That existing Section 12 of Ordinance No. 1689-11, passed November 28, 2011, is repealed. Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed April 2, 2012. Effective April 9, 2012.

COUNCIL COMMITTEE vice: Miller, Chair; Cummins, Vice Tuesday, April 10, 2012 9:30 a.m. MEETINGS Chair; Cleveland, Dow, K. Johnson, Keane, Polensek, Pruitt, Sweeney. Present in Finance: Sweeney, Chair; Community and Economic Devel- opment Committee: Present: Bran- Kelley, Vice Chair; Brady, Bran- catelli, Chair; Dow, Vice Chair; Cim- Monday, April 9, 2012 catelli, Cleveland, Keane, Miller, 11:10 a.m. perman, Cummins, Miller, Pruitt, Mitchell, Polensek, Pruitt, West- Westbrook, Zone. Authorized Legislation Committee: Present: brook. Absence: J. Johnson. Mitchell, Chair; K. Johnson, Vice Chair; Brancatelli, Cimperman, 2:00 p.m. Wednesday, April 11, 2012 Sweeney. Authorized Absence: 10:00 a.m. Cleveland, Reed. Finance Committee: Present: Aviation and Transportation Com- Sweeney, Chair; Kelley, Vice Chair; 1:30 p.m. mittee: Present: Keane, Chair; Brady, Brancatelli, Cleveland, Pruitt, Vice Chair; Cummins, Kelley. Public Service Committee & Keane, Miller, Mitchell, Polensek, Authorized Absence: J. Johnson, K. Finance Committee: Present in Ser- Pruitt, Westbrook. Johnson, Mitchell.

Index

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

Aging Department

New York Community Bancorp, Inc. — $5,200 Donation — Department’s Economic Security Project (F 515-12) ...... 475

Agreements

Capital Project — Consent Agreement for SR 237 and I 480 — westbound ramp for drain (O 171-12) ...... 487 Capital Projects — Cleveland Metroparks District for Harvard Avenue — Towpath Trail Stage 1 Interim On — Road Route (O 170-12) ...... 487 Economic Development — TIF Agreement — Amtrust Financial Services, Inc. — Redevelopment of the 800 Superior Building (O 247-12) ...... 487 Economic Development — Grant — The Cuyahoga County Community Improvement Corp. — Grow Cuyahoga County Fund Program (O 267-12) ...... 488 Mural My Neighborhood Program, 2012 — Grant — Cuyahoga Arts and Culture (O 497-12) ...... 479 Neighborhood Safety and Security Program — Slavic Village Development Corporation (Ward 02 NCF) (O 501-12) ...... 481

Banners

Burten, Bell, Carr Development — various locations — May 25 to June 23 — Ward 5 Family Festival (Ward 05) (O 458-12) ...... 530 Peace In The Hood Discovery Center — various locations — April 10 to May 9th — 3rd Annual International Walk and Run For Peace, Justice And Empowerment — Capital Projects (Ward 04) (O 514-12) ...... 483 531 60 The City Record April 11, 2012

Board of Control — Cleveland Browns Stadium

Capital improvements, 2012 — approve subcontractors — contract per BOC Res. 77-12 — Dept. of Public Works (BOC Res. 138-12) ...... 491

Board of Control — Community Development Department

Engle Avenue, 5924 (Ward 12) — PPN 125-26-053 — Broadway Christian Church — amend BOC Res. 530-11 (BOC Res. 133-12) ...... 490 Lorain Avenue, 3620 (Ward 3) — PPN 003-35-050 — John W. Sweeney or J.S. & Associates, LLC per Ord. 1647-11 (BOC Res. 134-12) ...... 490 Lorain Avenue, 9728 (Ward 16) — PPN 005-24-002 — Joseph Coreno (BOC Res. 135-12) ...... 490 Union Avenue, 13318 (Ward 4) — PPN 137-05-005 — Karen Agee (BOC Res. 136-12) ...... 490

Board of Control — Economic Development Department

Cleveland Opportunity Corridor Brownfields Area-wide Planning Pilot Program — approve sub-consultants — contract per BOC Res. 44-11 (BOC Res. 137-12) ...... 490

Board of Control — Emergency Medical Service Division

Computer Aided Dispatch System and Mobile System maintenance and technical support — Contract #67549 to Intergraph Corporation — Dept. of Public Safety (BOC Res. 131-12)...... 489 Electronic patient care reporting and billing system software maintenance and support — per C.O. Sec. 181.102 to ZOLL Data Systems, Inc. — Division of Emergency Medical Service, Dept. of Public Safety (BOC Res. 130-12) ...... 489

Board of Control — Fire Division

Computer Aided Dispatch System and Mobile System maintenance and technical support — Contract #67549 to Intergraph Corporation — Dept. of Public Safety (BOC Res. 131-12)...... 489

Board of Control — Land Reutilization Program

Board of Control — Police Division

Computer Aided Dispatch System and Mobile System maintenance and technical support — Contract #67549 to Intergraph Corporation — Dept. of Public Safety (BOC Res. 131-12)...... 489

Board of Control — Professional Service Contracts

Cleveland Opportunity Corridor Brownfields Area-wide Planning Pilot Program — approve sub-consultants — contract per BOC Res. 44-11 — Dept. of Economic Development (BOC Res. 137-12)...... 490 Computer Aided Dispatch System and Mobile System maintenance and technical support — Contract #67549 to Intergraph Corporation — Division of Police, Fire and Emergency Medical Service, Dept. of Public Safety (BOC Res. 131-12) ...... 489 Electronic patient care reporting and billing system software maintenance and support — per C.O. Sec. 181.102 to ZOLL Data Systems, Inc. — Division of Emergency Medical Service, Dept. of Public Safety (BOC Res. 130-12) ...... 489 League Park restoration and reconstruction — approve sub-consultant — Contract #PS2011-226 — Dept. of Public Works (BOC Res. 132-12) ...... 489

Board of Control — Public Improvement Contracts

Cleveland Browns Stadium capital improvements, 2012 — approve subcontractors — contract per BOC Res. 77-12 — Dept. of Public Works (BOC Res. 138-12) ...... 491

Board of Control — Public Safety Department

Computer Aided Dispatch System and Mobile System maintenance and technical support — Contract #67549 to Intergraph Corporation — Division of Police, Fire and Emergency Medical Service (BOC Res. 131-12) ...... 489 Electronic patient care reporting and billing system software maintenance and support — per C.O. Sec. 181.102 to ZOLL Data Systems, Inc. — Division of Emergency Medical Service, Dept. of Public Safety (BOC Res. 130-12) ...... 489 532 April 11, 2012 The City Record 61

Board of Control — Public Works Department

Cleveland Browns Stadium capital improvements, 2012 — approve subcontractors — contract per BOC Res. 77-12 (BOC Res. 138-12) ...... 491 League Park restoration and reconstruction — approve sub-consultant — Contract #PS2011-226 (BOC Res. 132-12)...... 489

Board of Elections

Certificate of result — Issue 1 — Charter Amendment — March 6, 2012 Election (F 516-12) ...... 475

Board of Zoning Appeals — Report

Detroit Avenue, 5801, (Ward 15) — Don Schuerger, owner and 58 Group, LLC, tenant — appeal granted and adopted on 4/9/12 (Cal. 12-50) ...... 492 East 93rd Street, 3395, (Ward 5) — Darrell Wilborn, owner — appeal granted and adopted on 4/9/12 (Cal. 12-4) ...... 492 Eddy Road, 368, (Ward 9) — Michael Payton, owner — appeal heard on 4/9/12 (Cal. 12-21)...... 492 Ford Drive, 1901, (Ward 9) — Case Western Reserve University, owner and Glidden House Associates Limited Partnership, lessee — appeal granted and adopted on 4/9/12 (Cal. 12-48)...... 492 Nottingham Road, 19603, (Ward 11) — Angela Cavotta, owner — appeal heard on 4/9/12 (Cal. 12-42)...... 491 Stanard Avenue, 5377, (Ward 8) — Goodrich-Gannett Neighborhood Center, owner and SAW, Inc., prospective lessee — appeal heard on 4/9/12 (Cal. 12-41) ...... 491 West 157th Street, 4705, (Ward 18) — Cuyahoga County Land Reutilization Corporation, owner — appeal heard on 4/9/12 (Cal. 12-46) ...... 491 West 25th Street, 2621, (Ward 14) — L.J. Minor, owner — appeal heard on 4/9/12 (Cal. 12-45) ...... 491 West 36th Street, 3730, (Ward 14) — Nicholas Dionisopoulos, owner — appeal heard on 4/9/12 (Cal. 12-35)...... 492 West 48th Street, 1450, (Ward 15) — Scott Francis, owner — appeal heard on 4/9/12 (Cal. 12-47)...... 492

Board of Zoning Appeals — Schedule

Stanard Avenue, 5320, (Ward 8) — Cuyahoga County Board of Development Disabilities (CCBDD), owner and Solutions at Work (S.A.W., Inc.) — appeal to be heard on 4/23/12 (Cal. 12-51)...... 491 Vestry Avenue, 2619, (Ward 3) — Cleveland Bricks, LLC, owner — appeal to be heard on 4/23/12 (Cal. 12-60) ...... 491 West 59th Street, 4178, (Ward 13) — Sharon Clemons, owner — appeal to be heard on 4/23/12 (Cal. 12-57)...... 491

Bonds

Bridges and Roadways Improvement Bonds (Series 2012) — Twenty Million Five Hundred Thousand Dollars ($20,500,000) — Finance Department (O 274-12) ...... 5 23 Cemeteries Improvement Bonds (Series 2012) — Five Hundred Twenty Thousand Dollars ($ 520,000) — Finance Department (O 272-12)...... 510 Parks and recreation Facilities Improvement Bonds (Series 2012) — Four Million One Hundred Thousand Dollars ($ 4,100,000) — Finance Department (O 273-12) ...... 517 Public Facilities Improvement Bonds (Series 2012) — Fourteen Million Six Hundred Thousand Dollars ($14,600,000) — Finance Department (O 271-12)...... 504

Capital Projects

“Shoreway Commerce Park Avenue” (Formerly Detour Avenue) — intention to vacate a portion — City Planning Commission (R 145-12) ...... 489 Agreement — Cleveland Metroparks District for Harvard Avenue — Towpath Trail Stage 1 Interim On — Road Route (O 170-12) ...... 487 Allison Avenue N.W. — vacate a portion — City Planning Commission (Ward 10) (O 494-12) ...... 478 Burten, Bell, Carr Development — Banners — various locations — May 25 to June 23 — Ward 5 Family Festival (Ward 05) (O 458-12)...... 5 30 Consent Agreement for SR 237 and I 480 — westbound ramp for drain (O 171-12) ...... 487 Diversity Center of Northeast Ohio Walk/Run — Permit — May 5th (Ward 03) (O 503-12) ...... 482 East 88th Street and Crane Ave., — intention to vacate a portion — City Planning Commission (Ward 05) (R 1719-11) ...... 488 East 90th St., 2721 — encroach into right-of-way — Pedestrian Bridge and Small Pipe Trestle — Miceli — Lograsso Development Co. IV LLC, (Ward 04) (O 71-12) ...... 485 East 96th Street — encroach into right-of-way — Elevator & Ups Room — Cleveland Clinic Foundation (Ward 06) (O 2-12) ...... 485 Evarts Avenue S.E. and East 90th Place — vacate a portion — City Planning Commission (Ward 04) (O 500-12) ...... 480 Grant Easements to NEORSD for East 55th Floatables Project (O 114-12) ...... 486 Hermes Cleveland 10 Miler — permit — April 28th — Hermes Sports & Events Inc. (Ward(s) 15, 16) (O 507-12) ...... 482 Morgana Run — permit — June 10th — Hermes Sports & Events, Inc. (Ward 12) (O 502-12) ...... 481 533 62 The City Record April 11, 2012

Peace In The Hood Discovery Center — banners — various locations — April 10 to May 9th — 3rd Annual International Walk and Run for Peace, Justice and Empowerment (Ward 04) (O 514-12) ...... 483 Perkins Ave., — encroach into right- of- way — Guard House addition — Dealer Tire, LLC, (Ward 08) (O 70-12) ...... 485 Providence House Annual City To City Run — Permit — April 29th — Hermes Sports & Events Inc. (Ward 03) (O 504-12) ...... 482 Rockwell Ave. and East 6th St. — encroach into right — of — way — Installing, Using, and Maintaining 12 Concrete Light Housings — Rockwell Property, LLC (Ward 03) (O 492-12) ...... 476 Urban Community Schools Run — permit — May 5th — Hermes Sports & Events (Ward 03) (O 505-12) ...... 482 Various Downtown Streets — encroach into right — of -way — 20 Wayfinding Signs (Casino) — USA Parking Systems Prospect LLC (Ward 03) (O 493-12) ...... 476 West 68th St., — intention to vacate a portion — City Planning Commission (Ward 15) (R 80-12) ...... 489 Westside Catholic Center Run — permit — June 2nd — Hermes Sports & Events (Ward 03) (O 506-12) ...... 482

Cemeteries Division

Cemeteries Improvement Bonds (Series 2012) — Five Hundred Twenty Thousand Dollars ($ 520,000) — Finance Department (O 272-12)...... 510

City of Cleveland Bids

Food, food products, beverages, condiments and paper products for Camp Forbes — Department of Public Works — Division of Recreation — per Ord. pending — bid due May 3, 2012 (advertised 4/11/2012 and 4/18/2012) ...... 492 Paper products, industrial — Department of Public Works — per C.O. Sec. 181.101 — bid due May 2, 2012 (advertised 4/11/2012 and 4/18/2012) ...... 492 Summer Food Program, 2012 — Department of Public Works — Division of Recreation — per Ord. pending — bid due May 3, 2012 (advertised 4/11/2012 and 4/18/2012) ...... 492 Trucks, large capacity — Department of Public Works — Division of Streets — per Ord. 1504-10 — bid due April 25, 2012 (advertised 4/4/2012 and 4/11/2012) ...... 492

City Planning Commission

“Shoreway Commerce Park Avenue” (Formerly Detour Avenue) — intention to vacate a portion — Capital Projects (R 145-12)...... 489 Allison Avenue N.W. — vacate a portion — Capital Projects (Ward 10) (O 494-12)...... 478 Evarts Avenue S.E. and East 90th Place — vacate a portion — Capital Projects (Ward 04) (O 500-12) ...... 480 Fenn Tower (The National Town and Country Club) — PPN 103-04-008 — designate as landmark (Ward 08) (O 72-12) ...... 485 Henley Ave., S.W.- intention to vacate a portion (Ward 16) (R 7-12) ...... 488 Hough Ave., (Between E. 81st. & E. 93rd St.) — Change Use and Area District (Ward 07) (O 604-11)...... 500 Johnny Kilbane House — PPN 002-05-082 — designate as landmark (Ward 15) (O 211-12) ...... 487 Kate L. and George W. Howe House — Euclid Ave., 2258 — PPN 103-04-012 (Ward 08) (O 117-12) ...... 486 Murrell-Capers House — PPN 103-31-019 — designate as landmark (Ward 05) (O 210-12) ...... 487 North & South sides of Superior Ave. (Between E. 48 St. & E. 74 St.) — Change Use, Area and Height District (Ward 07) (O 540-11) ...... 494 North & South sides of Superior Ave. (Between E. 71st. & E. 77th St.) — Change Use, Area, and Height District (Ward 07) (O 541-11) ...... 496 North & South sides of Superior Ave. (Between E. 79th St & E. 91st St.) Change Use, Area, and Height District (Ward 07) (O 542-11) ...... 498 Northeast Side of Professor St. (North of Starkweather Ave.) — Change Use, Area District (Ward 03) (O 1688-11) ...... 502 Stager-Beckwith House (University Circle) — PPN 103-08-004 — designate as landmark (Ward 08) (O 144-12) ...... 487 West 68th St., — intention to vacate a portion — Capital Projects (Ward 15) (R 80-12) ...... 489

Cleveland Clinic Foundation

East 96th Street — encroach into right-of-way — Elevator & Ups Room — Capital Projects (Ward 06) (O 2-12) ...... 485

Cleveland Hopkins International Airport

Port Control — Exercise first option to renew Contract No. 69924 with the USO (O 139-12) ...... 486 Port Control — Exercise first option to Renew Contract No. NF 2010-12 with Flight Services & Systems, Inc . — Use and Occupancy of Office Space at CHIA (O 138-12) ...... 486

Cleveland Metropolitan School District

Mayor Jackson’s Plan for Transforming The Cleveland Schools (R 513-12)...... 484 534 April 11, 2012 The City Record 63

Cleveland Public Power

Utilities Department — profession services — CPP Insurance and Risk Management Services — Assist with Future Procurements (O 203-12) ...... 487

Cleveland State University

Fenn Tower (The National Town and Country Club) — PPN 103-04-008 — designate as landmark — City Planning Commission (Ward 08) (O 72-12)...... 485

Collective Bargaining Agreements

Municipal Construction Equipment Operators’ Labor Council (Water Plant Operators, Stationary Engineers, Boiler Room Operators) — Approve Collective Bargaining Agreements — Amend Ord. No. 1689-11 — Finance Department (O 460-12) ...... 530

Communications

Certificate of Result — Issue 1 — Charter Amendment — March 6, 2012 Election (F 516-12) ...... 475 Kingsbury Tower and Townhomes — General Partner of Residential Rental Development — Kingsbury Tower, Ltd. — Ohio Housing Finance Agency (F 517-12) ...... 475 New York Community Bancorp, Inc. — $5,200 Donation — Department’s Economic Security Project — Aging Department (F 515-12) ...... 475

Community Development

Econ. Dev. — Amend Contract No. 57841 with Fries & Schuele, Ltd. (O 77-12) ...... 486 Home Weatherization Assistance Program, 2012 — Grants — Ohio Department Of Development (O 491-12) ...... 481

Community Development Block Grant Program

Home Weatherization Assistance Program, 2012 — Grants — Ohio Department Of Development (O 491-12) ...... 481

Condolences

Bell, Vera D. (R 523-12) ...... 475 Brooks, Jr., Louis (R 524-12) ...... 475 Cameron, Danny (R 520-12)...... 475 Kennedy, Mrs. Anita (R 522-12) ...... 475 Madison, Leatrice Lucille Branch (R 521-12)...... 475

Congratulations

Inner City Tennis Clinic (R 525-12)...... 475 Jordan, Dorothy L. (R 526-12)...... 475 Parker, Jr., Superintendent E.T. (R 527-12) ...... 475

Contracts

Building Materials and Used Paving Bricks — Finance Department (O 445-12) ...... 488 Comm. Dev. & Econ. Dev. — Amend Contract No. 57841 with Fries & Schuele, Ltd. (O 77-12) ...... 486 Electronic Protection Services — Finance Department (O 447-12) ...... 488 Finance Department — Amendment to Contract No. 63976 with Kronos — add additional terms to the contract (O 268-12) ...... 503 Finance Department — Labor and materials to inspect, test, maintain, and repair elevators (O 254-12) ...... 488 Industrial Paper Products — Finance Department (O 448-12) ...... 488 Janitorial Supplies and Equipment — Finance Department (O 446-12) ...... 488 Neighborhood Safety And Security Program — agreement — Slavic Village Development Corporation (Ward 02 NCF) (O 501-12) ...... 481 Port Control — Exercise first option to renew Contract No. 69924 with The USO (O 139-12) ...... 486 Port Control — Exercise first option to Renew Contract No. NF 2010-12 with Flight Services & Systems, Inc . — Use and Occupancy of office space at CHIA (O 138-12) ...... 486 Port Control — Exercise option to Renew Contract No. PS2010-106 with Precision Analytical, Inc. (O 496-12) ...... 479 Port Control — professional service — Implement the Converged Communications System Projects (O 73-12) ...... 486 Public Works — Exercise option to renew Contract No. 69918 with AVI Food Systems, Inc. — Vending Machines in City Facilities (O 204-12) ...... 487 Safety Department — Metro Health to establish a Police Agency (O 499-12) ...... 480 Tire Disposal and Transfer — Waste Collection and Disposal Division (O 140-12)...... 486 Utilities Department — Labor and Materials for Equipment and Machine Repair and Maintenance (O 261-12) ...... 488 535 64 The City Record April 11, 2012

Utilities Department — Labor and Materials for Water Pumps, Motors, Controls, and Appurtenances (O 248-12) ...... 487 Utilities Department — professional services — Evaluate Development options — Cleveland Recycling and Energy Generation Center (O 1574-11) ...... 485 Utilities Department — public improvement — Rehab. of various systems — Replacing the HVAC System & Repairing the roof at 1825 Lakeside Ave. (Ward 03) (O 1680-11) ...... 485

Cuyahoga County

Economic Development — Grant agreement with The Cuyahoga County Community Improvement Corp. — Grow Cuyahoga County Fund Program (O 267-12) ...... 488

Easements

Public Works — Cleveland Regional Transit Authority for Market Square On W. 25 St. And Lorain Ave. (Ward 03) (O 74-12) ...... 486 Capital Projects — NEORSD for East 55th Floatables Project (O 114-12) ...... 486

Economic Development Department

Comm. Dev. — Amend Contract No. 57841 with Fries & Schuele, Ltd. (O 77-12) ...... 486 Grant agreement with The Cuyahoga County Community Improvement Corp. — Grow Cuyahoga County Fund Program (O 267-12)...... 488 TIF Agreement — Amtrust Financial Services, Inc. — Redevelopment of the 800 Superior Building (O 247-12) ...... 487

Encroachments

East 90th St., 2721 — right-of-way — Pedestrian Bridge and Small Pipe Trestle — Miceli — Lograsso Development Co. IV LLC, — Capital Projects (Ward 04) (O 71-12)...... 485 East 96th Street — right-of-way — Elevator & Ups Room — Cleveland Clinic Foundation — Capital Projects (Ward 06) (O 2-12) ...... 485 Perkins Ave., — right- of- way — Guard House Addition — Dealer Tire, LLC, — Capital Projects (Ward 08) (O 70-12) ...... 485 Rockwell Ave. And East 6th St. — right — of — way — Installing, Using, and Maintaining 12 Concrete Light Housings — Rockwell Property, LLC — Capital Projects (Ward 03) (O 492-12)...... 476 Various Downtown Streets — right — of -way — 20 Wayfinding Signs (Casino) — USA Parking Systems Prospect LLC — Capital Projects (Ward 03) (O 493-12) ...... 476

Finance Department

Amendment to Contract No. 63976 with Kronos — add additional terms to the contract (O 268-12) ...... 503 Bridges and Roadways Improvement Bonds (Series 2012) — Twenty Million Five Hundred Thousand Dollars ($20,500,000) (O 274-12) ...... 523 Building Materials and Used Paving Bricks — Contracts (O 445-12) ...... 488 Cemeteries Improvement Bonds (Series 2012) — Five Hundred Twenty Thousand Dollars ($ 520,000) (O 272-12) ...... 510 Contracts — Labor and materials to inspect, test, maintain, and repair elevators (O 254-12) ...... 488 Electronic Protection Services — Contracts (O 447-12) ...... 488 Industrial Paper Products — Contracts (O 448-12)...... 488 Janitorial Supplies and Equipment — Contract (O 446-12)...... 488 Moral Claims — Authorize Payments (O 495-12) ...... 478 Municipal Construction Equipment Operators’ Labor Council (Water Plant Operators, Stationary Engineers, Boiler Room Operators) — Approve Collective Bargaining Agreements — Amend Ord. No. 1689-11 (O 460-12) ...... 530 Parks and Recreation Facilities Improvement Bonds (Series 2012) — Four Million One Hundred Thousand Dollars ($ 4,100,000) (O 273-12) ...... 517 Public Facilities Improvement Bonds (Series 2012) — Fourteen Million Six Hundred Thousand Dollars ($14,600,000) (O 271-12) ...... 504

Gifts

New York Community Bancorp, Inc. — $5,200 Donation — Department’s Economic Security Project — Aging Department (F 515-12) ...... 475 Public Safety — Accept Cameras, Appurtenant Components, and Services — Downtown surveillance (O 498-12) ...... 480

Grants

2012 Ohio Drug Law Enforcement Fund Grant (FY 2011) — Ohio Office of Criminal Justice Services (O 207-12) ...... 487 ASPCA Partnership Grant Program — Safety Department (O 205-12) ...... 489-T Bulletproof Vest Program, 2010 and 2011 — Bureau of Justice Assistance — Safety Department — U.S. Department of Justice (O 251-12)...... 488 536 April 11, 2012 The City Record 65

Economic Development — Grant Agreement with The Cuyahoga County Community Improvement Corp. — Grow Cuyahoga County Fund Program (O 267-12) ...... 488 Home Weatherization Assistance Program, 2012 — Ohio Department Of Development (O 491-12) ...... 481 Mural My Neighborhood Program, 2012 — Cuyahoga Arts and Culture (O 497-12) ...... 479 OVW Education Program, 2011 — Domestic Violence & Child Advocacy Center (O 206-12) ...... 487

Home Weatherization Program

Home Weatherization Assistance Program, 2012 — Grants — Ohio Department Of Development (O 491-12) ...... 481

Human Resources Department

Insurance

Utilities Department — profession services — CPP Insurance and Risk Management Services — Assist with Future Procurements (O 203-12) ...... 487

Landmark Commission

Fenn Tower (The National Town and Country Club) — PPN 103-04-008 — designate as landmark — City Planning Commission (Ward 08) (O 72-12)...... 485 Johnny Kilbane House — PPN 002-05-082 — designate as landmark — City Planning Commission (Ward 15) (O 211-12) ...... 487 Kate L. and George W. Howe House — Euclid Ave., 2258 — PPN 103-04-012 — City Planning Commission (Ward 08) (O 117-12) ...... 486 Murrell-Capers House — PPN 103-31-019 — designate as landmark — City Planning Commission (Ward 05) (O 210-12) ...... 487 Stager-Beckwith House (University Circle) — PPN 103-08-004 — designate as landmark — City Planning Commission (Ward 08) (O 144-12) ...... 487

Lease Agreement

Port Control — Exercise first option to Renew Contract No. 69924 with The USO (O 139-12)...... 486 Port Control — Exercise first option to Renew Contract No. NF 2010-12 with Flight Services & Systems, Inc . — Use and occupancy of office space at CHIA (O 138-12) ...... 486

Liquor Permits

Denison Ave., 6501 — withdraw objection to renewal — Repeal Res. 993-11 (Ward 15) (R 512-12) ...... 484 East 55th St., 1401-03 — transfer of ownership application (Ward 07) (F 519-12) ...... 475 Euclid Ave., 18235 — objection to issuance (Ward 10) (R 464-12) ...... 494 Euclid Ave., 7500 — withdraw objection to transfer of liquor license — repeal Res. 148-12 (Ward 05) (R 462-12) ...... 493 Larchmere Blvd., 12706 — transfer of ownership application (Ward 06) (F 518-12) ...... 475 Lorain Ave., 7310 — withdraw objection to renewal — repeal Res. 1248-11 (Ward 15) (R 511-12) ...... 484 Miles Ave., 11609 — withdraw objection to renewal — repeal Res. 1148-11 (Ward 02) (R 510-12) ...... 484 West 25th St., 1859 — objection to transfer of liquor license (Ward 03) (R 508-12) ...... 483 West 25th St., 3194 — withdraw objection to transfer of ownership — repeal Res. 1530-11 (Ward 14) (R 463-12) ...... 4 93 WEST 25TH ST., 3194 — withdraw objection to renewal — repeal Res. 1134-11 (Ward 14) (R 509-12) ...... 483

Loans

Comm. Dev. & Econ. Dev. — Amend Contract No. 57841 with Fries & Schuele, Ltd. (O 77-12) ...... 486

Mayor’s Office

Mayor Jackson’s Plan for Transforming The Cleveland Schools (R 513-12)...... 484

Moral Claims

Moral Claims — Authorize Payments (O 495-12) ...... 478

Ohio House Finance Agency

Kingsbury Tower And Townhomes — General Partner Of Residential Rental Development — Kingsbury Tower, Ltd. (F 517-12)...... 475 537 66 The City Record April 11, 2012

Permits

Diversity Center of Northeast Ohio Walk/Run — May 5th (Ward 03) (O 503-12)...... 482 Hermes Cleveland 10 Miler — April 28th — Hermes Sports & Events Inc. (Ward(s) 15, 16) (O 507-12)...... 482 Morgana Run — June 10th — Hermes Sports & Events, Inc. (Ward 12) (O 502-12) ...... 481 Providence House Annual City To City Run — April 29th — Hermes Sports & Events Inc. (Ward 03) (O 504-12) ...... 482 Urban Community Schools Run — May 5th — Hermes Sports & Events (Ward 03) (O 505-12) ...... 482 Westside Catholic Center Run — June 2nd — Hermes Sports & Events (Ward 03) (O 506-12) ...... 482

Port Control Department

Exercise first option to renew Contract No. 69924 with The USO (O 139-12) ...... 486 Exercise first option to renew Contract No. NF 2010-12 with Flight Services & Systems, Inc . — Use and occupancy of office space at CHIA (O 138-12) ...... 486 Exercise option to renew Contract No. PS2010-106 with Precision Analytical, Inc. (O 496-12) ...... 479 Professional Service — requirement contracts — Implement The Converged Communications System Projects (O 73-12) ...... 486

Professional Services

Port Control — requirement contracts — Implement the Converged Communications System Projects (O 73-12) ...... 486 Security Services, Armed — Indoor / Outdoor Recreation Facilities (O 265-12) ...... 488 Utilities Department — CPP Insurance and Risk Management Services — Assist with Future Procurements (O 203-12) ...... 487 Utilities Department — Evaluate Development Options — Cleveland Recycling and Energy Generation Center (O 1574-11) ...... 485

Public Improvements

Capital Project — Consent Agreement for SR 237 and I 480 — westbound ramp for drain (O 171-12) ...... 487 Capital Projects — agreement — Cleveland Metroparks District for Harvard Avenue — Towpath Trail Stage 1 Interim On — Road Route (O 170-12)...... 487 Finance Department — Contracts — Labor and materials to inspect, test, maintain, and repair elevators (O 254-12) ...... 488 Utilities Department — contracts — Rehab. of various systems — Replacing the HVAC System & Repairing the roof at 1825 Lakeside Ave. (Ward 03) (O 1680-11) ...... 485

Public Works

Exercise option to Renew Contract No. 69918 with AVI Food Systems, Inc. — Vending Machines In City Facilities (O 204-12) ...... 487 Granting Easement to Cleveland Regional Transit Authority for Market Square On W. 25 St. And Lorain Ave. (Ward 03) (O 74-12) ...... 486 Mural My Neighborhood Program, 2012 — Grant — Cuyahoga Arts And Culture (O 497-12) ...... 479 Parks and Recreation Facilities Improvement Bonds (Series 2012) — Four Million One Hundred Thousand Dollars ($ 4,100,000) — Finance Department (O 273-12) ...... 517 Security Services, Armed — Indoor / Outdoor Recreation Facilities (O 265-12) ...... 488 Tire Disposal and Transfer — Waste Collection and Disposal Division (O 140-12)...... 486

Races

Morgana Run — permit — June 10th — Hermes Sports & Events, Inc. (Ward 12) (O 502-12) ...... 481 Providence House Annual City To City Run — permit — April 29th — Hermes Sports & Events Inc. (Ward 03) (O 504-12) ...... 482 Diversity Center of Northeast Ohio Walk/Run — permit — May 5th (Ward 03) (O 503-12) ...... 482 Urban Community Schools Run — permit — May 5th — Hermes Sports & Events (Ward 03) (O 505-12) ...... 482 Westside Catholic Center Run — permit — June 2nd — Hermes Sports & Events (Ward 03) (O 506-12) ...... 482 Hermes Cleveland 10 Miler — permit — April 28th — Hermes Sports & Events Inc. (Ward(S) 15, 16) (O 507-12) ...... 482

Recognition

Cleveland Asian Festival (R 529-12) ...... 476 Saw, Inc. (R 528-12) ...... 476

Regional Transit Authority

Public Works — Granting Easement To Cleveland Regional Transit Authority For Market Square On W. 25 St. And Lorain Ave. (Ward 03) (O 74-12) ...... 486 538 April 11, 2012 The City Record 67

Resolution of Support

April “Autism Awareness Month” (R 459-12) ...... 493 Bishop Lennon to follow the Vatican ruling and immediately reopen the 13 area churches (R 461-12) ...... 493 Mayor Jackson’s Plan for transforming the Cleveland Schools (R 513-12) ...... 484

Resolutions — Miscellaneous

Safety Department

OVW Education Program, 2011 — Grant — Domestic Violence & Child Advocacy Center (O 206-12)...... 487 2012 Ohio Drug Law Enforcement Fund Grant (FY 2011) — Grant — Ohio Office of Criminal Justice Services (O 207-12)...... 487 Bulletproof Vest Program, 2010 and 2011 — Grant — Bureau of justice Assistance — U.S. Department of Justice (O 251-12)...... 488 Accept Cameras, Appurtenant Components, and Services — Downtown Surveillance (O 498-12)...... 480 Contracts — MetroHealth to establish a Police Agency (O 499-12) ...... 480 Neighborhood Safety and Security Program — agreement — Slavic Village Development Corporation (Ward 02 NCF) (O 501-12) ...... 481 ASPCA Partnership Grant Program — Grant (O 205-12)...... 489-T

Salaries

Sewers

Capital Project — Consent Agreement for SR 237 and I 480 — westbound ramp for drain (O 171-12) ...... 487

Slavic Village Development Corporation

Neighborhood Safety and Security Program — agreement (Ward 02 NCF) (O 501-12) ...... 481

Street Vacation

“Shoreway Commerce Park Avenue” (Formerly Detour Avenue) — intention to vacate a portion — City Planning Commission — Capital Projects (R 145-12) ...... 489 Allison Avenue N.W. — vacate a portion — City Planning Commission — Capital Projects (Ward 10) (O 494-12) ...... 478 East 88th Street and Crane Ave., — intention to vacate a portion — City Planning Commission (Ward 05) (R 1719-11) ...... 488 Evarts Avenue S.E. and East 90th Place — vacate a portion — City Planning Commission — Capital Projects (Ward 04) (O 500-12) ...... 480 Henley Ave., S.W.- intention to vacate a portion — City Planning Commission (Ward 16) (R 7-12) ...... 488 West 68th St., — intention to vacate a portion — City Planning Commission — Capital Projects (Ward 15) (R 80-12) ...... 489

Tabled Legislation

ASPCA Partnership Grant Program — Grant — Safety Department (O 205-12) ...... 489-T

Utilities Department

Contracts — Labor and materials for water pumps, motors, controls, and appurtenances (O 248-12) ...... 487 Contracts — Labor and materials for equipment and machine repair and maintenance (O 261-12) ...... 488 Profession Services — CPP Insurance and Risk Management Services — Assist with future procurements (O 203-12) ...... 487 Professional Services — Evaluate Development Options — Cleveland Recycling and Energy Generation Center (O 1574-11) ...... 485 Public improvement contracts — Rehab. of various systems — Replacing the HVAC System & Repairing the roof at 1825 Lakeside Ave. (Ward 03) (O 1680-11) ...... 485 539 68 The City Record April 11, 2012

Ward 01

Bishop Lennon to follow the Vatican ruling and immediately reopen the 13 area churches (R 461-12) ...... 493 Brooks, Jr., Louis — Condolence (R 524-12)...... 475 Cameron, Danny — Condolence (R 520-12) ...... 475 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475 Parker, Jr., Superintendent E.T. — Congratulations (R 527-12) ...... 475

Ward 02

Cameron, Danny — Condolence (R 520-12) ...... 475 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475 Miles Ave., 11609 — withdraw objection to renewal — repeal Res. 1148-11 — liquor permit (R 510-12) ...... 484 Neighborhood Safety and security Program — agreement — Slavic Village Development Corporation (Ward 02 NCF) (O 501-12) ...... 481

Ward 03

April “Autism Awareness Month” (R 459-12) ...... 493 Cameron, Danny — Condolence (R 520-12) ...... 475 Capital Projects — agreement — Cleveland Metroparks District for Harvard Avenue — Towpath Trail Stage 1 Interim On — Road Route (O 170-12)...... 487 Capital Projects — Grant Easements to NEORSD for East 55th Floatables Project (O 114-12) ...... 486 Diversity Center of Northeast Ohio Walk/Run — Permit — May 5th (O 503-12) ...... 482 Economic Development — TIF Agreement — Amtrust Financial Services, Inc. — Redevelopment of The 800 Superior Building (O 247-12) ...... 487 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475 Northeast side of Professor St. (North of Starkweather Ave.) — Change Use, Area District — City Planning Commission (O 1688-11) ...... 502 Providence House Annual City to City Run — permit — April 29th — Hermes Sports & Events Inc. (O 504-12) ...... 482 Public Works — Granting Easement to Cleveland Regional Transit Authority for Market Square on W. 25 St. and Lorain Ave. (O 74-12)...... 486 Rockwell Ave. and East 6th St. — encroach into right — of — way — Installing, Using, and Maintaining 12 Concrete Light Housings — Rockwell Property, LLC — Capital Projects (O 492-12) ...... 476 Saw, Inc. — Recognition (R 528-12)...... 476 Urban Community Schools Run — permit — May 5th — Hermes Sports & Events (O 505-12) ...... 482 Utilities Department — public improvement contracts — Rehab. Of various systems — Replacing the HVAC System & Repairing the roof at 1825 Lakeside Ave. (O 1680-11) ...... 485 Various Downtown Streets — encroach into right — of -way — 20 Wayfinding Signs (Casino) — USA Parking Systems Prospect LLC — Capital Projects (O 493-12)...... 476 West 25th St., 1859 — objection to transfer of liquor license — liquor permit (R 508-12) ...... 483 Westside Catholic Center Run — permit — June 2nd — Hermes Sports & Events (O 506-12) ...... 482

Ward 04

Cameron, Danny — Condolence (R 520-12) ...... 475 East 90th St., 2721 — encroach into right-of-way — Pedestrian Bridge and Small Pipe Trestle — Miceli — Lograsso Development Co. IV LLC, — Capital Projects (O 71-12) ...... 485 Evarts Avenue S.E. and East 90th Place — vacate a portion — City Planning Commission — Capital Projects (O 500-12) ...... 480 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475 Peace In The Hood Discovery Center — banners — various locations — April 10 to May 9th — 3rd Annual International Walk and Run for Peace, Justice and Empowerment — Capital Projects (O 514-12) ...... 483

Ward 05

Burten, Bell, Carr Development — banners — various locations — May 25 to June 23 — Ward 5 Family Festival (O 458-12) ...... 530 Cameron, Danny — Condolence (R 520-12) ...... 475 East 88th Street And Crane Ave., — intention to vacate a portion — City Planning Commission (R 1719-11) ...... 488 Euclid Ave., 7500 — withdraw objection to transfer of liquor license — repeal Res. 148-12 — liquor permit (R 462-12) ...... 493 Kennedy, Mrs. Anita — Condolence (R 522-12) ...... 475 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475 Murrell-Capers House — PPN 103-31-019 — designate as landmark — City Planning Commission (O 210-12) ...... 487 540 April 11, 2012 The City Record 69

Ward 06

Cameron, Danny — Condolence (R 520-12) ...... 475 East 96th Street — encroach into right-of-way — Elevator & Ups Room — Cleveland Clinic Foundation — Capital Projects (O 2-12) ...... 485 Larchmere Blvd., 12706 — transfer of ownership application — liquor permit (F 518-12) ...... 475 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475

Ward 07

Bishop Lennon to follow the Vatican ruling and immediately reopen the 13 area churches (R 461-12) ...... 493 Cameron, Danny — Condolence (R 520-12) ...... 475 East 55th St., 1401-03 — transfer of ownership application — liquor permit (F 519-12)...... 475 Hough Ave., (Between E. 81st. & E. 93rd St.) — Change Use and Area District — City Planning Commission (O 604-11)...... 500 Inner City Tennis Clinic — Congratulations (R 525-12) ...... 475 Kingsbury Tower and Townhomes — General Partner of Residential Rental Development — Kingsbury Tower, Ltd. — Ohio Housing Finance Agency (F 517-12) ...... 475 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475 North & South sides of Superior Ave. (Between E. 48 St. & E. 74 St.) — Change Use, Area and Height District — City Planning Commission (O 540-11) ...... 4 94 North & South sides of Superior Ave. (Between E. 71st. & E. 77th St.) — Change Use, Area, and Height Districts — City Planning Commission (O 541-11) ...... 496 North & South sides of Superior Ave. (Between E. 79th St & E. 91st St.) Change Use, Area, and Height District — City Planning Commission (O 542-11) ...... 4 98

Ward 08

“Shoreway Commerce Park Avenue” (Formerly Detour Avenue) — intention to vacate a portion — City Planning Commission — Capital Projects (R 145-12) ...... 489 April “Autism Awareness Month” (R 459-12) ...... 493 Bishop Lennon to follow the Vatican ruling and immediately reopen the 13 area churches (R 461-12) ...... 493 Cameron, Danny — Condolence (R 520-12) ...... 475 Cleveland Asian Festival — Recogniton (R 529-12) ...... 476 Fenn Tower (The National Town and Country Club) — PPN 103-04-008 — designate as landmark — City Planning Commission (O 72-12) ...... 485 Kate L. And George W. Howe House — Euclid Ave., 2258 — PPN 103-04-012 — City Planning Commission (O 117-12)...... 486 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475 Perkins Ave., — encroach into right- of- way — Guard House Addition — Dealer Tire, LLC, — Capital Projects (O 70-12) ...... 485 Stager-Beckwith House (University Circle) — PPN 103-08-004 — designate as landmark — City Planning Commission (O 144-12)...... 487

Ward 09

Bell, Vera D. — Condolence (R 523-12) ...... 475 Cameron, Danny — Condolence (R 520-12) ...... 475 Jordan, Dorothy L. — Congratulations (R 526-12) ...... 475 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475

Ward 10

Allison Avenue N.W. — vacate a portion — City Planning Commission — Capital Projects (O 494-12) ...... 478 Bishop Lennon to follow the Vatican ruling and immediately reopen the 13 area churches (R 461-12) ...... 4 93 Cameron, Danny — Condolence (R 520-12) ...... 475 Euclid Ave., 18235 — objection to issuance — liquor permit (R 464-12) ...... 494 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475

Ward 11

April “Autism Awareness Month” (R 459-12) ...... 4 93 Bishop Lennon to follow the Vatican ruling and immediately reopen the 13 area churches (R 461-12) ...... 493 Cameron, Danny — Condolence (R 520-12) ...... 475 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475 541 70 The City Record April 11, 2012

Ward 12

Ward 13

Cameron, Danny — Condolence (R 520-12) ...... 475 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475

Ward 14

Bishop Lennon to follow the Vatican ruling and immediately reopen the 13 area churches (R 461-12) ...... 493 Cameron, Danny — Condolence (R 520-12) ...... 475 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475 West 25th St., 3194 — withdraw objection to transfer of ownership — repeal Res. 1530-11 — liquor permit (Ward 14) (R 463-12)...... 493 West 25th St., 3194 — withdraw objection to renewal — repeal Res. 1134-11 — liquor permit (Ward 14) (R 509-12) ...... 483

Ward 15

Cameron, Danny — Condolence (R 520-12) ...... 475 Denison Ave., 6501 — withdraw objection to renewal — repeal Res. 993-11 — liquor permit (R 512-12) ...... 484 Hermes Cleveland 10 Miler — permit — April 28th — Hermes Sports & Events Inc. (Ward(s) 15, 16) (O 507-12) ...... 482 Johnny Kilbane House — PPN 002-05-082 — designate as landmark — City Planning Commission (O 211-12)...... 487 Lorain Ave., 7310 — withdraw objection to renewal — repeal Res. 1248-11 — liquor permit (R 511-12) ...... 484 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475 West 68th St., — intention to vacate a portion — City Planning Commission — Capital Projects (R 80-12)...... 489

Ward 16

Cameron, Danny — Condolence (R 520-12) ...... 475 Henley Ave., S.W.- intention to vacate a portion — City Planning Commission (R 7-12) ...... 488 Hermes Cleveland 10 Miler — permit — April 28th — Hermes Sports & Events Inc. (Ward(s) 15, 16) (O 507-12) ...... 482 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475

Ward 17

April “Autism Awareness Month” (R 459-12) ...... 493 Cameron, Danny — Condolence (R 520-12) ...... 475 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475

Ward 18

Cameron, Danny — Condolence (R 520-12) ...... 475 Madison, Leatrice Lucille Branch — Condolence (R 521-12) ...... 475 Parker, Jr., Superintendent E.T. — Congratulations (R 527-12) ...... 475

Ward 19

Waste Collection and Disposal Division

Tire Disposal and Transfer — Waste Collection and Disposal Division (O 140-12) ...... 486

Water Division

Utilities Department — contracts — Labor and materials for water pumps, motors, controls, and appurtenances (O 248-12) ...... 487 Utilities Department — contracts — Labor and materials for equipment and machine repair and maintenance (O 261-12) ...... 488 542 April 11, 2012 The City Record 71

Zoning

Hough Ave., (Between E. 81st. & E. 93rd St.) — Change Use and Area District — City Planning Commission (Ward 07) (O 604-11) ...... 500 North & South sides of Superior Ave. (Between E. 48 St. & E. 74 St.) — Change Use, Area and Height District — City Planning Commission (Ward 07) (O 540-11) ...... 494 North & South sides of Superior Ave. (Between E. 71st. & E. 77th St.) — Change Use, Area, and Height District — City Planning Commission (Ward 07) (O 541-11) ...... 496 North & South sides of Superior Ave. (Between E. 79th St & E. 91st St.) Change Use, Area, and Height District — City Planning Commission (Ward 07) (O 542-11) ...... 498 Northeast side of Professor St. (North of Starkweather Ave.) — Change Use, Area Districts — City Planning Commission (Ward 03) (O 1688-11)...... 502

543