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

June the Nineteenth, Nineteen Hundred and Ninety-Six

Mayor Containing PAGE Michael R. White City Council 3 The Calendar 49 President of Council Board of Control 49 Jay Westbrook Civil Service 53 Board of Zoning Appeals 53 Clerk of Council Board of Building Standards Artha Woods and Building Appeals 54 Public Notices 55 Public Hearings 55 Ward Name City of Cleveland Bids 55 1 Charles L. Patton, Jr. Adopted Resolutions 2 Robert J. White and Ordinances 56 3 Odelia V. Robinson Committee Meetings 107 4 Kenneth L. Johnson Index 107 5 Frank G. Jackson 6 Patricia J. Britt 7 Fannie M. Lewis 8 William W. Patmon 9 Craig E. Willis 10 Roosevelt Coats 11 Michael D. Polensek 12 Edward W. Rybka FIRST-CLASS MAIL 13 Gary M. Paulenske U. S. POSTAGE PAID 14 Helen K. Smith CLEVELAND, OHIO 15 James Rokakis Permit No. 1372 16 Patrick J. O'Malley 17 Timothy J. Melena First Class Mail 18 Jay Westbrook 19 Joseph J. Zone 20 Dale Miller 21 David M. McGuirk

RECYCLE...... Save the Future

Pr inted on Recycled Pap e r. . . . . Council Cares DIRECTORY OF CITY OFFICIALS

CITY COUNCIL–LEGISLATIVE Park Maintenance and Properties –Richard L. Silva, Acting Commissioner, President of Council–Jay Westbrook Public Auditorium – E. 6th & Lakeside. Wa r d Na m e Re s i d e n c e Recreation – Michael Cox, Acting Commissioner, Room 8 1 Charles L. Patton, Jr...... 2986 Ripley Road 44 1 2 0 Research, Planning & Development – M. Fallon, Commissioner, Burke 2 Robert J. White ...... 3760 East 126th Street 44 1 0 5 3 Odelia V. Robinson...... 3448 East 123rd Street 44 1 2 0 Lakefront Airport 4 Kenneth L. Johnson ...... 2948 Hampton Road 44 1 2 0 DEPT. OF COMMUNITY DEVELOPMENT –Terri Hamilton, Director, 5 Frank G. Jackson ...... 2327 East 38th Street 44 1 1 5 3rd Floor, City Hall. 6 Patricia J. Britt ...... 12402 Britton Drive 44 1 2 0 DIVISIONS – Administrative Services – Terrence Ross, Commissioner. 7 Fannie M. Lewis...... 7416 Star Avenue 44 1 0 3 Neighborhood Services – Festus Cassels, Commissioner. 8 William W. Patmon ...... 867 East Boulevard 44 1 0 8 9 Craig E. Willis ...... 11906 Beulah Avenue 44 1 0 6 Neighborhood Development – Terri Hamilton, Commissioner. 10 Roosevelt Coats...... 1775 Cliffview Road 44 1 1 2 Building & Housing – Lisa Thomas, Commissioner, 5th Floor, City Hall. 11 Michael D. Polensek ...... 17855 Brian Avenue 44 1 1 9 DEPT. OF PERSONNEL AND HUMAN RESOURCES – Joseph Nolan, 12 Edward W. Rybka ...... 6832 Indiana Avenue 44 1 0 5 Di r e c t o r , Room 121 13 Gary M. Paulenske...... 1020 East 61st Street 44 1 0 3 14 Helen K. Smith...... 3016 Carroll Avenue 44 1 1 3 DEPT. OF ECONOMIC DEVELOPMENT – Christopher P. Warren, 15 James Rokakis...... 4685 Dornur Road 44 1 0 9 Director, Room 210 16 Patrick J. O’Malley...... 6111 Brookside Drive 44 1 4 4 DEPT. OF AGING – Rm. 122, Susan Axelrod, Director 17 Timothy J. Melena ...... 6109 West Clinton Avenue 44 1 0 2 18 Jay Westbrook ...... 10513 Clifton Boulevard 44 1 0 2 COMMUNITY RELATIONS BOARD – Room 11, Jackie R. Whitner, 19 Joseph J. Zone...... 3323 West 130th Street 44 1 1 1 Acting Director; Mayor Michael R. White, Chairman Ex–Officio; Mary 20 Dale Miller ...... 4300 West 143rd Street 44 1 3 5 Adele Springman, Vice–Chairman; Councilmen Michael Polensek and 21 David McGuirk...... 17101 Amber Drive 44 1 1 1 Edward Rybka, City Council Representatives; Louise Boddie,Jr., Muqit Clerk of Council–Artha Woods, 216 City Hall, 664–2840. Abdul Sabur, Clifford Savren, Henry Simon, George S. Smilnak, Harry First Assistant Clerk–Sandra Franklin. Taketa, Timothy Cosgrove. MAYOR–Michael R. White LaVonne Sheffield-Turner, Chief of Staff,Executive Assistant for Policy CIVIL SERVICE COMMISSION – Room 119, Freddie J. Fenderson, Ba r r y Withers, Executive Assistant for Administration President; James J. Marniella, Vice President; Donna K. Nelson, Secretary; Judith Zimomra, Executive Assistant for Service Timothy J. Cosgrove, Member. Kenneth Silliman, Executive Assistant for Economic Development SINKING FUND COMMISSION – Michael R. White, President; Patricia Richard Werner, Executive Assistant for Governmental Affairs. St o k e s , Asst. Sec’y.; Kathryn Burrer Hyer, Director; President of Council Linda Willis, Director, Office of Equal Opportunity Jay Westbrook. DEPT. OF LAW – Sharon Sobol Jordan, Director of Law, Room 106; Karen E. Martines, Law Librarian; Criminal Branch–Justice Center, 8th BOARD OF ZONING APPEALS – Room 516, Valerie Schwonek, Ch a i r m a n ; Flr., Court Towers, 1200 Ontario Dona Brady, Vice–Chairman; Anna Chatman, Paula Phillips, Tony Carolyn Watts-Allen, Chief Asst. Prosecutor Petkovsek, Anthony Costanzo, Sec’y. Steven J. Terry, Chief Counsel BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Ro o m DEPT. OF FINANCE – Kathryn Burrer Hyer, Director, Room 104; Carlean 516, J. F. Denk, Chairman; J. Bowes, S. K. Birch, Alternate Members – D. Alford, Manager, Internal Audit Cox, P. Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan. Exec. Sec’y. DIVISIONS – Accounts – A. Schneider, Commissioner, Room 19 City Treasury – Mary Christine Jackman,Treasurer, Room 115 BOARD OF REVISION OF ASSESSMENTS – Law Director, Sharon Sobol Assessments and Licenses – John Hunt, Commissioner, Room 122 Jordan; Pres. Finance Director, Kathryn Burrer Hyer, Director Sec’y. Purchases and Supplies – William A. Moon, Commissioner, Room 128 Council President Jay Westbrook. Printing and Reproduction – James D. Smith, Commissioner, 1735 Lakeside Av e n u e BOARD OF SIDEWALK APPEALS – Henry Gu z m án, Service Di r e c t o r ; Taxation – Nassim Lynch, Tax Administrator, 1701 Lakeside Avenue Law Director, Sharon Sobol Jordan, Councilman Roosevelt Coats. Financial Reporting and Control – Keith D. Schuster, Controller, Room 18 BOARD OF REVIEW – (Municipal Income Tax) – Law Director, Sh a r o n Information Systems Services – Martin Carmody, Acting Commissioner, Sobol Jordan, Utilities Director, Michael Konicek; President of Council, Jay 1404 E. 9th St. We s t b r o o k . DEPT. OF PUBLIC UTILITIES – Michael Konicek, Director, 1201 Lakeside CITY PLANNING COMMISSION – Room 501 – Hunter Morrison, Director; Av e n u e Rev. Albert T. Rowan, Chairman; Todd W. Schmidt, Vice Chairman Thomas DIVISIONS – 1201 Lakeside Avenue Water – Julius Ciaccia, Jr., Commissioner D. Corrigan, Anthony J. Coyne, Lawrence A. Lumpkin, Gloria Jean Water Pollution Control – Darnell Brown, Commissioner Pinkney, Councilman Edward W. Rybka. Utilities Fiscal Control – M. Blech, Commissioner CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Cleveland Public Power – Nagah M. Ramadan, Commissioner Chairman; Clint Martin, Mark Rivera. Street Lighting Bureau – Frank Schilling, Acting Chief. MORAL CLAIMS COMMISSION – Sharon Sobol Jordan, Kathryn Burrer Hyer, DEPT. OF PORT CONTROL – William F. Cunningham, Jr., Director, Cleveland Hopkins International Airport, 5300 Riverside Drive; Councilmen James Rokakis, Jay Westbrook. Cleveland Hopkins International Airport - Stephen Sheehan, Commissioner BOARD OF EXAMINERS OF ELECTRICIANS – Ralph R. Carpinelli, Burke Lakefront Airport - Michael C. Barth, Commissioner Chairman; Marion J. Long, Anton J. Eichmuller, Samuel Montfort DEPT. OF PUBLIC SERVICE – Henry Guzmán, Director, Room 113 J. Gilbert Steele, Laszlo V. Kemes, Secretary. DIVISIONS – Waste Collection and Disposal – Larry Hines, Commissioner, BOARD OF EXAMINERS OF PLUMBERS – Joseph Gyorky, Chrm.; 5600 Carnegie Avenue. Streets – Randell T. Scott, Commissioner, Room 25 Ben S. Eulinberg, Martin J. Kilbane, Jozef Valencik, Martin Gallagher, Engineering and Construction – J. Christopher Nielson, Acting Laszlo V. Kemes, Secretary. Commissioner, Rm. 518 CLEVELAND LANDMARKS COMMISSION – Room 519 ,______, Motor Vehicle Maintenance, Donald L. Haskins, Commissioner, Harvard Director; R. Schanfarber, Chairman; Paul Volpe, Vice Chairman; Robert Ya r d s Architecture – Kenneth Nobilio, Commissioner, Room 517 Keiser, Secretary; Judge Lillian Burke, James Gibans, Hunter Morrison, Kenneth Nobilio, Theodore Sande, Randall Shorr, Shirley Thompson, DEPT. OF PUBLIC HEALTH –Robert O. Staib, Director, Mural Building Councilmen Craig E. Willis and Helen K. Smith. 1925 St. Clair Avenue. DIVISIONS – Health – Juan Molina Crespo, Acting Commissioner, Mural CLEVELAND MUNICIPAL COURT JUSTICE CENTER–1200 ONTARIO Building, 1925 St. Clair Avenue CENTRAL SCHEDULING DEPARTMENT Environment – Carolyn Wallace, Acting Commissioner, Mural Building, JUDGE COURTROOM ASSIGNMENTS 1925 St. Clair Avenue Ju d g e Co u r t r o o m Correction – Thomas Hardin, Commissioner, Cooley Farms, 4041 North– field Road Presiding and Administrative Judge Larry A. Jones 13 C Judge Ronald B. Adrine 15 A DEPT. OF PUBLIC SAFETY – William M. Denihan, Director. Room 230. Judge Salvatore R. Calandra 13 A DIVISIONS \ Police\ Rocco Pollutro, Chief, Police Hdqtrs. Bldg., 1300 Judge Colleen C. Cooney 14 A Ontario Street Judge C. Ellen Connally 15 C Fire – Robert M. Derrit, Acting Chief, 1645 Superior Avenue Traffic Engineering & Parking – David Ritz, Commissioner, 2001 Payne Ave. Judge Mabel M. Jasper 14 D Dog Pound – John Baird, Chief Dog Warden, 2690 W. 7th Street Judge Mary E. Kilbane 12 B Emergency Medical Service – Bruce Shade, Commissioner, 2001 Payne Judge Kathleen A. Keough 12 C Av e . Judge Ralph J. Perk, Jr. 14 B DEPT. OF PARKS, RECREATION & PROPERTIES – Oliver B. Spellman, Judge Raymond L. Pianka (Housing Court Judge) 13 B Jr., Director, Cleveland Convention Center, Clubroom A, 1220 E. 6th St. Judge Angela R. Stokes 14 C DIVISIONS – Convention Center & Stadium – James Glending, Judge Gerald F. Sweeney 13 D Commissioner, Public Auditorium, E. 6th and Lakeside Ave. Judge Robert S. Triozzi 12 A Property Management – Vernon Robinson, Commissioner, E. 49th & Harvard Earle B. Turner–Clerk of Courts, John J. O’Toole–Court Administrator, Robert Parking Facilities – Michael Cox, Acting Commissioner, Public C. Townsend, II–Bailiff; Kenneth Thomas–Chief Probation Officer, Michelle Auditorium, E. 6th and Lakeside Ave. L. Paris–Chief Referee The City Re c o rd

OFFICIAL PUBLICATION OF THE CITY OF CLEVELAND

Vol. 83 WEDNESDAY, JUNE 19, 1996 No. 4306 CITY COUNCIL TUESDAY, JUNE 18, 1996

The City Record WEDNESDAY—Alternating FROM THE DEPARTMENT OF LIQUOR CONTROL Published weekly under authority 1:30 P.M.— Public Utilities Com- of the Charter of the mittee: Patton, Chairman; Polensek, File No. 1146-96. City of Cleveland Vice Chairman; Coats, Lewis, Mc- Re: Transfer of Location Applica- Subscription (by mail) $75.00 a year Guirk, O’Malley, Patmon, Willis, tion - 4580028 - Kendrick Lounge, January 1 to December 31 Zone. Inc. dba Club 123, 3071-77 East 123rd Interim subscriptions prorated 1:30 P.M.— City Planning Commit- Street. (Ward 4). Received. $6.00 per month tee: Rybka, Chairman; Britt, Vice Address all communications to Chairman; O’Malley, Paulenske, File No. 1147-96. Rokakis, White, Zone. Re: New Application - 8518576 - ARTHA WOODS The following Committee is subject Station Snack Shoppe, Inc. dba Sta- to Call of the Chairman: tion Snack Shoppe, 1431 Chester Clerk of Council Avenue. (Ward 13). Received. 216 City Hall Rules Committee: W e s t b r o o k , Chairman; Coats, Miller, Robinson, File No. 1148-96. Smith. PERMANENT SCHEDULE Re: Transfer of Ownership Appli- STANDING COMMITTEES cation - 9974419 - Zurub, Inc. dba OF THE COUNCIL Hilton Market, 3893 West 23rd 1994-1997 OFFICIAL PROCEEDINGS Street, first floor and basement. (Ward 15). Received. MONDAY—Alternating CITY COUNCIL ______File No. 1149-96. Re: New Application - 87372580015 9:30 A.M.—Public Parks, Property Cleveland, Ohio June 18, 1996. - Deborah L. Swet dba Liberty Deli & Recreation Committee: Johnson, The regular meeting of the Coun- Mart, 8806 Almira Avenue. (Ward Chairman; Rybka, Vice Chairman; cil was called to order, the Presi- 18). Received. Miller, Patton, Paulenske, Robinson, dent, Jay Westbrook in the chair. White. Councilmen present: Coats, Jack- 9:30 A.M.—Public Health Commit- File No. 1150-96. tee: Robinson, Chairman; Miller, son, Lewis, McGuirk, Melena, Miller, Re: Transfer of Ownership Appli- Vice Chairman; Britt, Jackson, Mele- Patmon, Patton, Paulenske, cation - 8018439 - Shafiq Corp. dba 7- na, O’Malley, Zone. Polensek, Robinson, Rybka, Smith, Eleven Food Store #56656, 4075 Westbrook, White, Willis, Zone. Rocky River Drive. (Ward 21). Also present were Mayor White Received. MONDAY—Alternating and Directors Sobol Jordan, Hyer, Konicek, Cunningham, Guzman, File No. 1151-96. 11:00 A.M.—Public Service Commit- Staib, Denihan, Spellman, Hamilton, Re: Transfer of Ownership Appli- tee: Coats, Chairman; O’Malley, Vice Nolan, Axelrod, Willis, Morrison and cation - 4443227 - Kaiser Food Mar- Chairman; Britt, Johnson, McGuirk, Acting Director Whitner. ket, Inc. dba Annie’s Food Mart, Melena, Smith, Westbrook, White. 3258 East 140th Street. (Ward 4). 11:00 A.M.—Employment, Affirma- The Chair dispensed with the Received. tive Action & Training Committee: Prayer and Pledge of Allegiance. Patmon, Chairman; Smith, Vice File No. 1152-96. Chairman;Jackson, Lewis, Melena, MOTION Re: Stock Application - 5928502 - Polensek, Robinson. Midtown Leader Drug, Inc., 5405 On the motion of Mr. Coats, the Euclid Avenue. (Ward 5). Received. MONDAY reading of the minutes of the last File No. 1153-96. 2:00 P.M.— Finance Committee: meeting be dispensed with and the journal approved. Re: Stock Application - 8859739 - Rokakis, Chairman; Westbrook, Theatrical Quarters, Inc., first and Vice Chairman; Coats, Johnson, COMMUNICATIONS second floor bars, 711-15 Vincent Lewis, McGuirk, Patmon, Polensek, Avenue. (Ward 13). Received. Robinson, Rybka, Smith. File No. 1142-96. File No. 1154-96. From the Department of Public TUESDAY Re: Transfer of Ownership Appli- Safety re: Law Enforcement Trust cation - 7315819 - Revenue, Inc., 5200 10:00 A.M.—Community and Eco- Fund, Case No. #18-95-0039. Memphis Avenue. (Ward 15). nomic Development Committee: Received. Received. Jackson, Chairman; Paulenske, Vice Chairman; Britt, Coats, Lewis, Mele- File No. 1143-96. STATEMENT OF na, Patton, Smith, Willis. From the Division of Purchases WORK ACCEPTED 1:30 P.M.— Legislation Committee: and Supplies re: Emergency Requi- McGuirk, Chairman; Willis, Vice sitions - RE-089105, RE-089106, RE- File No. 1155-96. Chairman; Britt, Johnson, Patton, 089107, RE-089108, RE-089109. Rokakis, Rybka. From the Department of Port Con- Received. trol re: Contract No. 47652 for the installation and replacement of WEDNESDAY—Alternating File No. 1144-96. curbing, apron and ramps for the 10:00 A.M.—Aviation & Transporta- From the Village of Woodmere re: handicapped, and other concrete tion Committee: Miller, Chairman; Resolution No. 1996-20 opposing work. Received. Paulenske, Vice Chairman; McGuirk, Cleveland Water Department’s pro- Patmon, Rokakis, White, Willis. posed rate increase. Received. OATH OF OFFICE 10:00 A.M. — Public Safety Com- mittee: Polensek, Chairman; Willis, File No. 1145-96. File No. 1156-96. Vice Chairman; Jackson, Miller, From the Office of Catholic Edu- Oath of Office for Margaret A. O’Malley, Patmon, Patton, Paulen- cation re: Summer Food Service Pro- Downing, Commander of Human ske, Zone. gram. Received. Resources. Received. 1133 4 The City Record June 19, 1996

File No. 1157-96. situated within the City of Cleve- plies is hereby authorized to sell Oath of Office for Martin L. Flask, land; and Permanent Parcel No. 128-01-012, as Deputy Chief of Field Operations. Whereas, real property acquired more fully described in Section 6 Received. under the City’s Land Reutilization below, to Buckeye Area Develop- Program is acquired, held, adminis- ment Corporation or its designee. File No. 1158-96. tered and disposed of by the City of Section 6. That the real property Oath of Office for Lloyd L. Bratz, Cleveland through its Department to be sold pursuant to Section 5 of Commander of Community Policing. of Community Development under this Ordinance is more fully Received. the terms of Chapter 5722 of the described as follows: Ohio Revised Code and Section REPORT 183.021 of Codified Ordinances of the P.P. No. 128-01-012 City of Cleveland, 1976; and Situated in the City of Cleveland, File No. 1159-96. Whereas, this ordinance consti- County of Cuyahoga and State of From the Cleveland Foundation tutes an emergency measure pro- Ohio, and known as being part of re: 1995 Annual Report. Received. viding for the usual daily operation Sublot No. 2 in the Luna Heights Subdivision of part of Original One of a municipal department; now, Hundred Acre Lot No. 418, as shown File No. 1160-96. therefore, by the recorded plat in Volume 42 From the Northeast Ohio Region- Be it ordained by the Council of of Maps, Page 19 of Cuyahoga Coun- al Sewer District re:Environmen- the City of Cleveland: ty Records and bounded and tal/Legislative Issues and Funding. Section 1. That pursuant to Sec- described as follows: Received. tion 183.021 of the Codified Ordi- Beginning in the Southerly line of nances of Cleveland, Ohio, 1976, the Grandview Avenue, S.E., at a point PLAT Commissioner of Purchases and Sup- 70 feet Westerly from the North- plies is hereby authorized to sell easterly corner of said Sublot No. 2; File No. 1236-96. Permanent Parcel No. 128-01-002, as thence Westerly along the Souther- By Councilman Paulenske. more fully described in Section 2 ly line of Grandview Avenue, S.E., Kirkham Place. (Ward 13). Sub- below, to Buckeye Area Develop- 48.87 feet to the intersection of the division Plat of Lot No. 3. ment Corporation or its designee. Southerly line of Grandview Bearing the approvals of the Section 2. That the real property Avenue, S.E., with the Southeaster- Directors of Public Service, City to be sold pursuant to Section 1 of ly line of Woodhill Road, S.E.; Planning Commission. Referred to this Ordinance is more fully thence Southwesterly along the Committees on Public Service, City described as follows: Southeasterly line of Woodhill Planning. Received. Road, S.E., about 70.50 feet to a P.P. No. 128-01-002 point which is five feet Northerly at CONDOLENCE RESOLUTION Situated in the City of Cleveland, right angel distance from the County of Cuyahoga and State of Southerly line of said Sublot No. 2; The rules were suspended and the Ohio, and known as being Sublot No. thence Easterly parallel with the following Resolution was adopted 132 in the Luna Heights Subdivision Southerly line of said Sublot No. 2, by a rising vote: of part of Original One Hundred 75.86 feet to a point, 70 feet West- Acre Lot Nos. 417 and 418, as shown erly of the Easterly line of said Sub- Res. No. 1237-96. Willie I. Kimble. by the recorded plat in Volume 42 lot No. 2; thence Northerly parallel of Maps, Page 19 of Cuyahoga Coun- with the Easterly line of said Sub- CONGRATULATORY RESOLUTIONS ty Records and being 36.78 feet lot No. 2, 65 feet the place of begin- front on the Southeasterly side of ning, as appears by said plat, be the The rules were suspended and the Woodhill Road, S.E., and extending same more or less, but subject to all legal highways. following Resolutions were adopted back 104.44 feet on the Northerly without objection: Subject to zoning ordinances, if line, 118.55 feet on the Southerly any. line, and having a rear line of 34.01 Section 7. That pursuant to Sec- Res. No. 1238-96. Reynolds Family feet, as appears by said plat, be the tion 183.021 of the Codified Ordi- Reunion. same more or less, but subject to all nances of Cleveland, Ohio, 1976, the Res. No. 1239-96. First Bethel Mis- legal highways. Commissioner of Purchases and Sup- sionary Baptist Church. Section 3. That pursuant to Sec- plies is hereby authorized to sell Res. No. 1240-96. Smith/Fields tion 183.021 of the Codified Ordi- Permanent Parcel No. 128-01-013, as Family Reunion. nances of Cleveland, Ohio, 1976, the more fully described in Section 8 Res. No. 1241-96. Francis T. Commissioner of Purchases and Sup- below, to Buckeye Area Develop- Matese, Eagle Scout. plies is hereby authorized to sell ment Corporation or its designee. Res. No. 1242-96. Office Paul Bur- Permanent Parcel No. 128-01-011, as Section 8. That the real property gio. more fully described in Section 4 to be sold pursuant to Section 7 of Res. No. 1243-96. Delores Cooper- below, to Buckeye Area Develop- this Ordinance is more fully Anthony. ment Corporation or its designee. described as follows: Res. No. 1244-96. Butler-Green Section 4. That the real property Family Reunion. to be sold pursuant to Section 3 of P.P. No. 128-01-013 this Ordinance is more fully Situated in the City of Cleveland, RESOLUTIONS OF RECOGNITION described as follows: County of Cuyahoga and State of Ohio, and known as being all of The rules were suspended and the P.P. No. 128-01-011 Sublot No. 1 and part of Sublot No. following Resolutions were adopted Situated in the City of Cleveland, 2 in the Luna Heights Subdivision without objection: County of Cuyahoga and State of of part of Original One Hundred Ohio, and known as being part of Acre Lot Nos. 417 and 418, as shown Res. No. 1245-96. Julian C. Madi- Sublot No. 85 in Luna Heights Sub- by the recorded plat in Volume 42 son, P.E. division of part of Original One of Maps, Page 19 of Cuyahoga Coun- Res. No. 1246-96. Officer David M. Hundred Acre Lot Nos. 417 and 418, ty Records and bounded and Kornatowski. as shown by the recorded plat in described as follows: Volume 42 of Maps, Page 19 of Beginning in the line of Woodhill FIRST READING EMERGENCY Cuyahoga County Records, and Road, S.E., at the Southwest corner ORDINANCES REFERRED of said Sublot No. 1; thence Easter- bounded and described as follows: ly along the Southerly line of said Beginning at the Southwesterly Ord. No. 1161-96. Sublot No. 1, 162.47 feet the South- corner of said Subdivision 85; thence east corner thereof; thence Souther- By Councilmen Britt, Jackson, running Northerly along the East- ly along the Easterly line of said Rybka and Rokakis (by departmen- erly line of Woodhill Road, S.E., Sublot No. 1, 35 feet to the Northeast tal request). 37.90 feet; thence Easterly, 167.73 corner thereof; thence Westerly An emergency ordinance autho- feet to the Easterly line thereof; along the Northerly line of said Sub- rizing the sale of real property as thence Southerly along the Easterly lot No. 1, 35 feet; thence Northerly part of the Land Reutilization Pro- line of said Sublot No. 85, 35 feet to at right angles to said Northerly gram and located on scattered sites the Southeasterly corner thereof; line of Sublot No. 1, 5 feet; thence in Buckeye neighborhood on Crest- thence Westerly along the Souther- Westerly parallel with said Norther- wood, Grandview, Shale, Hulda and ly line of said Sublot No. 85, 182.26 ly line of Sublot No. 1 and 5 feet Auburn Avenues to Buckeye Area feet the place of beginning, as Northerly at right angles therefrom, Development Corporation or its appears by said plat, be the same about 110.86 feet to the Easterly line designee. more or less, but subject to all legal of Woodhill Road, S.E., about 43.19 Whereas, the City of Cleveland highways. feet the place of beginning, as adopted and implemented proce- Section 5. That pursuant to Sec- appears by said plat, be the same dures under Chapter 5722 of the tion 183.021 of the Codified Ordi- more or less, but subject to all legal Ohio Revised Code to facilitate nances of Cleveland, Ohio, 1976, the highways. reutilization of nonproductive lands Commissioner of Purchases and Sup- Subject to Easement recorded in 1134 June 19, 1996 The City Record 5

Volume 7470, Page 576 of Cuyahoga P.P. No. 128-01-039 more fully described in Section 16 County Records. Situated in the City of Cleveland, below, to Buckeye Area Develop- Subject to Easement recorded in County of Cuyahoga and State of ment Corporation or its designee. Volume 7619, Page 3 of Cuyahoga Ohio, and known as being part of Section 16. That the real property County Records. Original One Hundred Acre Lot Nos. to be sold pursuant to Section 15 of Subject to zoning ordinances, if 418 and 426 and bounded and this Ordinance is more fully any. described as follows: described as follows: Section 9. That pursuant to Sec- Beginning on Original Ten Acre tion 183.021 of the Codified Ordi- Lot. Southerly line of Hulda Avenue, P.P. No. 128-01-046 nances of Cleveland, Ohio, 1976, the S.E., 45 feet wide (said Southerly Situated in the City of Cleveland, Commissioner of Purchases and Sup- line being parallel to and distant County of Cuyahoga and State of plies is hereby authorized to sell 108 feet Northerly, measured at Ohio, and known as being part of Permanent Parcel Nos. 128-01-016 right angles from the Northerly line Original One Hundred Acre Lot Nos. and 128-01-017, as more fully of land conveyed to W.W. Waller by 418 and 426, bounded and described described in Section 10 below, to deed recorded in Volume 138, paral- as follows: Buckeye Area Development Corpo- lel 243 of Cuyahoga County Beginning on the Southerly line of ration or its designee. Records) at a point 660 feet East- Hulda Avenue, S.E., (formerly West- Section 10. That the real property erly from its point of intersection lake Avenue), the Southerly line of to be sold pursuant to Section 9 of with the Easterly line of Woodhill which is parallel with and 108 feet this Ordinance is more fully Road, S.E., thence Southerly at right Northerly from the Northerly line of described as follows: angles to Hulda Avenue, S.E., 108 land deeded by R.H. Leonard to feet to the Northerly line of land so W.W. Waller, March 1, 1866, at a P.P. No. 128-01-016 and 128-01-017 conveyed to W.W. Waller; thence point on said Southerly line of Situated in the City of Cleveland, Easterly along said Northerly line Hulda Avenue, S.E., 380 feet East- erly from the intersection with the County of Cuyahoga and State of of land so conveyed to W.W. Waller Easterly line of Woodhill Road, Ohio, and known as being part of as aforesaid, 40 feet; thence Norther- Original One Hundred Acre Lot No. (formerly Woodland Hills Avenue); ly at right angles to Hulda Avenue, thence Easterly along the Southerly 425 and part of Block A in Z.M. and S.E., 108 feet to the Southerly line S. Bigelow’s Allotment of part of line of Hulda Avenue, S.E., 40 feet; of Hulda Avenue, S.E., thence West- thence Southerly at right angles to Original One Hundred Acre Lot No. erly along said Southerly line of 425 and 426, as shown by the record- Hulda Avenue, S.E., 108 feet to the Hulda Avenue, S.E., 40 feet to the Northerly line of land deeded by ed plat in Volume 9 of Maps, Page place of beginning, and being fur- 15 of Cuyahoga County Records and R.H. Leonard to W.W. Waller; ther known as Sublot No. 12 in thence Westerly along said last together forming a parcel of land Henry H. Johnson’s proposed Subdi- bounded and described as follows: named line, 40 feet; thence, 108 feet vision of part of Original One Hun- to the place of beginning, and being Beginning on the Southeasterly dred Acre Lot Nos. 417, 418, 425 and line of Woodhill Road, S.E., (80 feet further known as Sublot No. 10 in 426, be the same more or less, but Henry H. Johnson’s proposed Subdi- wide) at this point of intersection subject to all legal highways. with the Northeasterly line of Shale vision of part of Original One Hun- Section 13. That pursuant to Sec- dred Acre Lot Nos. 417, 418, 425 and Avenue, S.E., (50 feet wide), then tion 183.021 of the Codified Ordi- Northeasterly along said Southeast- 426, be the same more or less, but nances of Cleveland, Ohio, 1976, the subject to all legal highways. erly line of Woodhill Road, S.E., Commissioner of Purchases and 38.84 feet to the Southwesterly cor- Subject to zoning ordinances, if Supplies is hereby authorized to sell any. ner of land conveyed to Rose Dia- Permanent Parcel No. 128-01-044, as mond deed dated March 19, 1928 and Section 17. That pursuant to Sec- more fully described in Section 14 tion 183.021 of the Codified Ordi- recorded in Volume 3595, Page 559 below, to Buckeye Area Develop- of Cuyahoga County Records, nances of Cleveland, Ohio, 1976, the ment Corporation or its designee. thence Westerly along the Souther- Commissioner of Purchases and Sup- Section 14. That the real property plies is hereby authorized to sell ly line of land so conveyed to Rose Permanent Parcel No. 128-01-049, as Diamond, 129.14 feet the Westerly to be sold pursuant to Section 13 of more fully described in Section 18 line of land conveyed to Joszef and this Ordinance is more fully described as follows: below, to Buckeye Area Develop- Helen Horvath by deed dated March ment Corporation or its designee. 11, 1922 and recorded in Volume P.P. No. 128-01-044 Section 18. That the real property 2613, Page 543 of Cuyahoga County to be sold pursuant to Section 17 of Records, thence Southerly along Situated in the City of Cleveland, County of Cuyahoga and State of this Ordinance is more fully said Westerly line of land so con- described as follows: veyed to Jozsef and Helen Horvath Ohio, and known as being part of about 36 feet to the Northerly line Original One Hundred Acre Lot Nos. 418 and 426 and bounded and P.P. No. 128-01-049 of said Block A, thence Easterly Situated in the City of Cleveland, along said Northerly line of Block described as follows: Beginning on the Southerly line of County of Cuyahoga and State of A about 119.71 feet to the North- Ohio, and known as being part of westerly corner of land conveyed to Hulda Avenue, S.E., as conveyed to the City of Cleveland for street pur- Original One Hundred Acre Lot Nos. Gizella Meiny by deed dated March 418 and 426, bounded and described 20, 1928 and recorded in Volume poses, by deed dated May 1, 1897 and recorded in Volume 668, Page as follows: 3594, Page 224 of Cuyahoga County Beginning on the Southerly line of Records, thence Southerly along the 376 of Cuyahoga County Records, at a point distant Easterly, measured Hulda Avenue, (formerly known as Westerly line of land so conveyed Westlake Avenue) a proposed Street to Gizella Meiny, 97 feet to the along said Southerly line, 460 feet from its point of intersection with 45 feet wide, the Southerly line Northerly line of Shale Avenue, S.E., which is parallel to and 108 feet the Easterly line of Woodhill Road, as aforesaid, thence Northeasterly North of the Northerly line of land S.E.; thence Easterly along said along said Northeasterly line of deeded by R.H. Leonard to W.W. Southerly line of Hulda Avenue, Shale Avenue, S.E., about 280.12 feet Waller, March 1, 1866, at a point on to the place of beginning and part S.E., 40 feet; thence Southerly at said Southerly line of Hulda of the above described premises right angles to the Southerly line of Avenue, 260 feet Easterly from the being further known as part of Sub- Hulda Avenue, S.E., 108 feet, thence intersection with the Easterly line lot No. 1 in Henry H. Johnson’s pro- Westerly parallel with the Souther- of Woodhill Road, (formerly known posed Subdivision of part of Origi- ly line of Hulda Avenue, S.E., 40 as Woodland Hills Avenue); thence nal One Hundred Acre Lot Nos. 417, feet; thence Northerly 108 feet to the Easterly along the Southerly line of 418, 425 and 426, be the same more place of beginning, and being fur- Hulda Avenue, 40 feet; thence or less, but subject to all legal high- ther known as Sublot No. 12 in Southerly at right angles to Hulda ways. Henry H. Johnson’s proposed Subdi- Avenue, 108 feet to the Northerly Section 11. That pursuant to Sec- vision of part of Original One Hun- line of land so deeded to Waller; tion 183.021 of the Codified Ordi- dred Acre Lot Nos. 417, 418, 425 and thence Westerly along the Norther- nances of Cleveland, Ohio, 1976, the 426, as appears by said plat, be the ly line of land so deeded to Waller, Commissioner of Purchases and Sup- same more or less, but subject to all 40 feet; thence Northerly 108 feet to plies is hereby authorized to sell legal highways. the place of beginning, and being Permanent Parcel No. 128-01-039, as Subject to zoning ordinances, if further known as Sublot No. 7 in more fully described in Section 12 any. Henry H. Johnson’s proposed Subdi- below, to Buckeye Area Develop- Section 15. That pursuant to Sec- vision of a part of Original One ment Corporation or its designee. tion 183.021 of the Codified Ordi- Hundred Acre Lot Nos. 418, 417, 425 Section 12. That the real property nances of Cleveland, Ohio, 1976, the and 426 be the same more or less, to be sold pursuant to Section 11 of Commissioner of Purchases and Sup- but subject to all legal highways. this Ordinance is more fully plies is hereby authorized to sell Subject to zoning ordinances, if described as follows: Permanent Parcel No. 128-01-046, as any. 1135 6 The City Record June 19, 1996

Section 19. That pursuant to Sec- of part of Original One Hundred subject to all legal highways. tion 183.021 of the Codified Ordi- Acre Lot Nos. 417, 418, 425 and 426. Subject to zoning ordinances, if nances of Cleveland, Ohio, 1976, the Subject to zoning ordinances, if any. Commissioner of Purchases and Sup- any. Section 27. That pursuant to Sec- plies is hereby authorized to sell Section 23. That pursuant to Sec- tion 183.021 of the Codified Ordi- Permanent Parcel No. 128-01-050, as tion 183.021 of the Codified Ordi- nances of Cleveland, Ohio, 1976, the more fully described in Section 20 nances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Sup- below, to Buckeye Area Develop- Commissioner of Purchases and Sup- plies is hereby authorized to sell ment Corporation or its designee. plies is hereby authorized to sell Permanent Parcel No. 128-01-059, as Section 20. That the real property Permanent Parcel No. 128-01-052, as more fully described in Section 28 to be sold pursuant to Section 19 of more fully described in Section 24 below, to Buckeye Area Develop- this Ordinance is more fully below, to Buckeye Area Develop- ment Corporation or its designee. described as follows: ment Corporation or its designee. Section 28. That the real property Section 24. That the real property to be sold pursuant to Section 27 of P.P. No. 128-01-050 to be sold pursuant to Section 23 of this Ordinance is more fully described as follows: Situated in the City of Cleveland, this Ordinance is more fully County of Cuyahoga and State of described as follows: P.P. No. 128-01-059 Ohio, and known as being part of P.P. No. 128-01-052 Situated in the City of Cleveland, Original One Hundred Acre Lot Nos. Situated in the City of Cleveland, County of Cuyahoga and State of 418 and 426 and bounded and County of Cuyahoga and State of Ohio, and known as being part of described as follows: Ohio, and known as being part of Original One Hundred Acre Lot No. Beginning on the Southerly line of Original One Hundred Acre Lot Nos. 418 and bounded and described as Hulda Avenue, S.E., said Southerly 417 and 425, bounded and described follows: line being parallel to and distant as follows: Beginning on the Northerly line of 108 feet Northerly measured at right Beginning on the Southerly line of Hulda Avenue, S.E., (formerly West- angles from the Northerly line of Hulda Avenue, S.E., (formerly West- lake Avenue) as established by land conveyed to W.W. Waller by lake Avenue) as conveyed to the deed to the City of Cleveland record- deed recorded in Volume 138, Page City of Cleveland for street purpos- ed in Volume 668, Page 376 of Cuya- 243 of Cuyahoga County Records at es by deed dated May 1, 1897 and hoga County Records, at a point a point on said Southerly line dis- recorded in Volume 668, Page 376 of 321.69 feet Easterly from its inter- tant 220 feet Easterly from its point Cuyahoga County Records, at a section with the Easterly line of of intersection with the Easterly point distant Easterly measured Woodhill Road, S.E.; thence line of Woodhill Road, S.E.; thence along said Southerly line of Hulda Northerly at right angles to the Easterly along said Southerly line Avenue, S.E., 140 feet from its inter- Northerly line of Hulda Avenue, of Hulda Avenue, S.E., 40 feet; section with the Easterly line of S.E., 99.54 feet to the Northerly line thence Southerly at right angles Woodhill Road, S.E., (formerly of land formerly owned by R.M. with said Southerly line of Hulda Woodland Hills Avenue); thence Leonard; thence Easterly along said Avenue, S.E., 108 feet to the Norther- Easterly along the Southerly line of line of land Leonard’s land 40.01 ly line of land conveyed to W.W. Hulda Avenue, S.E., 40 feet; thence feet; thence Southerly parallel with Waller; thence Westerly along the Southerly at right angles to the the first described line 99.87 feet to Northerly line of land conveyed to Southerly line of Hulda Avenue, the said Northerly line of Hulda W.W. Waller, 40 feet; thence S.E., 108 feet; thence Westerly par- Avenue, S.E.; thence Westerly along Northerly 108 feet to the place of allel with the Southerly line of said line of Hulda Avenue, S.E., 40 beginning, and being further known Hulda Avenue, S.E., 40 feet; thence feet to the place of beginning and as Sublot No. 6 in Henry M. John- Northerly in a direct line 108 feet to being further known as Sublot No. 84 in Henry M. Johnson’s Proposed son proposed Subdivision. the place of beginning, being fur- ther known as Sublot No. 4 in Henry Subdivision of part of Original One Section 21. That pursuant to Sec- H. Johnson’s proposed Subdivision Hundred Acre Lot Nos. 417, 425 and tion 183.021 of the Codified Ordi- of part of Original One Hundred 426. nances of Cleveland, Ohio, 1976, the Acre Lot Nos. 417, 418, 425 and 426, Subject to zoning ordinances, if Commissioner of Purchases and Sup- be the same more or less, but sub- any. plies is hereby authorized to sell ject to all legal highways. Section 29. That pursuant to Sec- Permanent Parcel No. 128-01-051, as Section 25. That pursuant to Sec- tion 183.021 of the Codified Ordi- more fully described in Section 22 tion 183.021 of the Codified Ordi- nances of Cleveland, Ohio, 1976, the below, to Buckeye Area Develop- nances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Sup- ment Corporation or its designee. Commissioner of Purchases and Sup- plies is hereby authorized to sell Section 22. That the real property plies is hereby authorized to sell Permanent Parcel No. 128-01-060, as to be sold pursuant to Section 21 of Permanent Parcel No. 128-01-057, as more fully described in Section 30 this Ordinance is more fully more fully described in Section 26 below, to Buckeye Area Develop- described as follows: below, to Buckeye Area Develop- ment Corporation or its designee. ment Corporation or its designee. Section 30. That the real property P.P. No. 128-01-051 Section 26. That the real property to be sold pursuant to Section 29 of Situated in the City of Cleveland, to be sold pursuant to Section 25 of this Ordinance is more fully County of Cuyahoga and State of this Ordinance is more fully described as follows: Ohio, and known as being part of described as follows: Original One Hundred Acre Lot Nos. P.P. No. 128-01-060 417, 418, 425 and 426 and bounded P.P. No. 128-01-057 Situated in the City of Cleveland, and described as follows: Situated in the City of Cleveland, County of Cuyahoga and State of Beginning on the Southerly line of County of Cuyahoga and State of Ohio, and known as being Sublot No. Hulda Avenue, S.E., (said Southerly Ohio, and known as being part of 83 in Henry H. Johnson’s proposed line be parallel to and distant 108 Original One Hundred Acre Lot No. Subdivision of part of Original One feet Northerly, measured at right 418 and beginning on the Northerly Hundred Acre Lot Nos. 417, 418, 425 angles, from the Northerly line of line of Hulda Avenue, S.E., 241.69 and 426; Beginning on the Norther- land conveyed by R.H. Leonard to feet Easterly from the Southeaster- ly line of Hulda Avenue, S.E., (45 W.W. Waller by deed recorded in ly line of Woodhill Road, S.E.; feet wide), at a point on said Volume 138, Page 243 of Cuyahoga thence Easterly along said Norther- Northerly line, 361.69 feet Easterly County Records, at a point on said ly line of Hulda Avenue, S.E., 40 from the its intersection with the feet; thence Northerly at right Easterly line of Woodhill Road, (80 Southerly line distant 180 feet East- angles with said Northerly line of feet wide); thence Northerly at right erly from its point of intersection Hulda Avenue, S.E., 99.21 feet to the angles to Hulda Avenue, S.E., 99.87 with Easterly line of Woodhill Northerly line of land conveyed to feet to the Northerly line of R.H. Road, S.E., thence Easterly along Raymond E. Leonard by deed dated Leonard land; thence Easterly along said Southerly line of Hulda April 1, 1848, and recorded in Vol- said Northerly line of R.H. Leonard Avenue, S.E., 40 feet; thence Souther- ume 42, Page 36 of Cuyahoga Coun- land, 40.01 feet to a point; thence ly at right angles with said Souther- ty Records; thence Westerly along Southerly at right angles with ly line of Hulda Avenue, S.E., 108 the Northerly line of land conveyed Hulda Avenue, S.E., 100.20 feet to feet to the Northerly line of land so to Raymond H. Leonard, 40 feet; the Northerly line of Hulda Avenue, conveyed to Waller; thence Wester- thence Southerly 98.88 feet to the S.E.; thence Westerly, along said ly along the Northerly line of land place of beginning and being fur- Northerly line of Hulda Avenue, so conveyed to Waller, 40 feet; ther known as Sublot No. 86 in S.E., 40 feet to the place of begin- thence Northerly 108 feet to the Henry E. Johnson’s proposed Subdi- ning, be the same more or less, but place of beginning, and being fur- vision of part of Original One Hun- subject to all legal highways. ther known as Sublot No. 5 in Henry dred Acre Lot Nos. 417, 418, 425 and Section 31. That pursuant to Sec- H. Johnson’s proposed Subdivision 426, be the same more or less, but tion 183.021 of the Codified Ordi- 1136 June 19, 1996 The City Record 7 nances of Cleveland, Ohio, 1976, the veyed to Lang, 106.19 feet to the Commissioner of Purchases and Sup- Commissioner of Purchases and Sup- Northwesterly corner of land con- plies is hereby authorized to sell plies is hereby authorized to sell veyed to said Lang; thence Wester- Permanent Parcel No. 128-02-086, as Permanent Parcel No. 128-01-062, as ly about 40 feet to the Northeaster- more fully described in Section 40 more fully described in Section 32 ly corner of land conveyed to said below, to Buckeye Area Develop- below, to Buckeye Area Develop- Harkavy; thence Southerly along ment Corporation or its designee. ment Corporation or its designee. the Easterly line of land conveyed Section 40. That the real property Section 32. That the real property to said Harkavy 100.86 feet to the to be sold pursuant to Section 39 of to be sold pursuant to Section 31 of place of beginning, and being fur- this Ordinance is more fully this Ordinance is more fully ther known as Sublot No. 80 in described as follows: described as follows: Henry H. Johnson’s proposed Subdi- vision of part of Original One Hun- P.P. No. 128-02-086 P.P. No. 128-01-062 dred Acre Lot Nos. 417, 418, 425, be Situated in the City of Cleveland, Situated in the City of Cleveland, the same more or less, but subject County of Cuyahoga and State of County of Cuyahoga and State of to all legal highways. Ohio, and known as being Sublot No. Ohio, and known as being part of Section 35. That pursuant to Sec- 59 in the Luna Heights Subdivision Original One Hundred Acre Lot No. tion 183.021 of the Codified Ordi- of part of Original One Hundred 418, bounded and described as fol- nances of Cleveland, Ohio, 1976, the Acre Lot Nos. 417 and 418, as shown lows: Commissioner of Purchases and Sup- by the recorded plat of said Subdi- Beginning on the Northerly line of plies is hereby authorized to sell vision in Volume 42 of Maps, Page Hulda Avenue, S.E., (formerly West- Permanent Parcel No. 128-01-064, as 19 of Cuyahoga County Records. lake Avenue) 45 feet wide, (said more fully described in Section 36 Said Sublot No. 59 has a frontage of Northerly line being parallel with below, to Buckeye Area Develop- 35 feet on the Northerly side of and 153 feet Northerly from the ment Corporation or its designee. Grandview Avenue, S.E., and Northerly line of land deeded by Section 36. That the real property extends back of equal width 105 R.H. Leonard to W.W. Waller on to be sold pursuant to Section 35 of feet, as appears by said plat, be the March 1, 1866), at a point on said this Ordinance is more fully same more or less, but subject to all Northerly line of Hulda Avenue, described as follows: legal highways. S.E., 441.69 feet Easterly from the Section 41. That pursuant to Sec- Easterly line of Woodhill Road, S.E., P.P. No. 128-01-064 tion 183.021 of the Codified Ordi- (formerly Woodland Hills Avenue); Situated in the City of Cleveland, nances of Cleveland, Ohio, 1976, the thence Easterly along the said County of Cuyahoga and State of Commissioner of Purchases and Sup- Northerly line of Hulda Avenue, Ohio, and known as being part of plies is hereby authorized to sell S.E., 40 feet; thence Northerly at Original One Hundred Acre Lot No. Permanent Parcel No. 128-01-088, as right angles to said Hulda Avenue, 418, and bounded and described as more fully described in Section 42 S.E., 100.86 feet to the Northerly line follows: below, to Buckeye Area Develop- of land formerly owned by R.H. Beginning on the Northerly line of ment Corporation or its designee. Leonard; thence Westerly along said Hulda Avenue, S.E., at a point 521.69 Section 42. That the real property Leonard’s Northerly line 40 feet to feet Easterly from its intersection to be sold pursuant to Section 41 of a stake; thence Southerly parallel with the Southeasterly line of Wood- this Ordinance is more fully with the Easterly line 100.53 feet to hill Road, S.E., thence Easterly described as follows: the place of beginning, and being along the Northerly line of Hulda further known as Sublot No. 81 in Avenue, S.E., 40 feet; thence Norther- P.P. No. 128-01-088 Henry H. Johnson’s proposed Subdi- ly at right angles to the Northerly Situated in the City of Cleveland, vision of part of Original One Hun- line of Hulda Avenue, S.E., 101.51 County of Cuyahoga and State of dred Acre Lot Nos. 417, 418, 425 and feet to the Northerly line of land Ohio, and known Sublot No. 4 in the 426, be the same more or less, but conveyed to Raymond H. Leonard Luna Heights Subdivision of part of subject to all legal highways. by deed dated April 1, 1848 and Original One Hundred Acre Lot Nos. Section 33. That pursuant to Sec- recorded in Volume 42, Page 36 of 417 and 418 as shown by the record- tion 183.021 of the Codified Ordi- Cuyahoga County Records; thence ed plat in Volume 42 of Maps, Page nances of Cleveland, Ohio, 1976, the Westerly along the Northerly line of 19 of Cuyahoga County Records, and Commissioner of Purchases and Sup- land so conveyed to Raymond H. being 40 feet front on the Souther- plies is hereby authorized to sell Leonard, 40.0 feet; thence Southerly ly side of Grandview Avenue, S.E., Permanent Parcel No. 128-01-063, as 101.19 feet to the place of beginning and extending back between paral- more fully described in Section 34 and being further known as Sublot lel lines 105 feet deep, as appears below, to Buckeye Area Develop- No. 79 in Henry H. Johnson’s pro- by said plat, be the same more or ment Corporation or its designee. posed Subdivision of part of Origi- less, but subject to all legal high- Section 34. That the real property nal One Hundred Acre Lot Nos. 417, ways. to be sold pursuant to Section 33 of 418, 425 and 426. Subject to zoning ordinances, if this Ordinance is more fully Section 37. That pursuant to Sec- any. described as follows: tion 183.021 of the Codified Ordi- Section 43. That pursuant to Sec- nances of Cleveland, Ohio, 1976, the tion 183.021 of the Codified Ordi- P.P. No. 128-01-063 Commissioner of Purchases and Sup- nances of Cleveland, Ohio, 1976, the Situated in the City of Cleveland, plies is hereby authorized to sell Commissioner of Purchases and Sup- County of Cuyahoga and State of Permanent Parcel No. 128-02-085, as plies is hereby authorized to sell Ohio, and known as being a part of more fully described in Section 38 Permanent Parcel No. 128-01-112, as Original One Hundred Acre Lot No. below, to Buckeye Area Develop- more fully described in Section 44 418, and bounded and described as ment Corporation or its designee. below, to Buckeye Area Develop- follows: Section 38. That the real property ment Corporation or its designee. Beginning on the Northerly line of to be sold pursuant to Section 37 of Section 44. That the real property Hulda Avenue, S.E., (formerly West- this Ordinance is more fully to be sold pursuant to Section 43 of lake Avenue), (said Northerly line described as follows: this Ordinance is more fully being parallel to and 153 feet described as follows: Northerly from the Northerly line of P.P. No. 128-02-085 land deeded by R.H. Leonard to Situated in the City of Cleveland, P.P. No. 128-01-112 W.W. Waller on March 1, 1886) at a County of Cuyahoga and State of Situated in the City of Cleveland, point on said Northerly line of Ohio, and known as being Sublot No. County of Cuyahoga and State of Hulda Avenue, 481.69 feet Easterly 58 in Luna Heights Subdivision of Ohio, and known as being Sublot No. from the Easterly line of Woodhill part of Original One Hundred Acre 98 in Luna Heights Subdivision of Road, (formerly Woodland Hills Lot Nos. 417 and 418, as shown by part of Original One Hundred Acre Avenue), said point also being the the recorded plat of said Subdivision Lot Nos. 417 and 418, as shown by Southeasterly corner of land con- in Volume 42 of Maps, Page 19 of the recorded plat in Volume 42 of veyed to Sarah Harkavy by deed Cuyahoga County Records. Said Maps, Page 19 of Cuyahoga County dated April 6, 1922, and recorded in Sublot No. 58 has a frontage of 35 Records, and being 40 feet front on Volume 2506 of deeds, Page 162 of feet on the Northerly side of Grand- the Southerly side of Crestwood Cuyahoga County Records; thence view Avenue, S.E., and extends back Avenue, S.E., and extending back of Easterly along Northerly line of between as appears by said plat, be equal width 105 feet, as appears by Hulda Avenue, S.E., 40 feet to the the same more or less, but subject said plat, be the same more or less, Southwesterly line of land conveyed to all legal highways. line 105 feet, but subject to all legal highways. to Carlos F. Lang and Velma A. as appears by said plat, be the same Section 45. That pursuant to Sec- Lang by deed dates September 17, more or less, but subject to all legal tion 183.021 of the Codified Ordi- 1947 and recorded in Volume 6422 of highways. nances of Cleveland, Ohio, 1976, the deeds, Page 139 of Cuyahoga Coun- Section 39. That pursuant to Sec- Commissioner of Purchases and Sup- ty Records; thence Northerly along tion 183.021 of the Codified Ordi- plies is hereby authorized to sell the Westerly line of said land con- nances of Cleveland, Ohio, 1976, the Permanent Parcel No. 128-01-113, as 1137 8 The City Record June 19, 1996 more fully described in Section 46 more fully described in Section 52 this Ordinance is more fully below, to Buckeye Area Develop- below, to Buckeye Area Develop- described as follows: ment Corporation or its designee. ment Corporation or its designee. Section 46. That the real property Section 52. That the real property P.P. No. 128-02-185 to be sold pursuant to Section 45 of to be sold pursuant to Section 51 of Situated in the City of Cleveland, this Ordinance is more fully this Ordinance is more fully County of Cuyahoga and State of described as follows: described as follows: Ohio, and known as being the East- erly 33-1/3 feet of Sublot No. 31 in P.P. No. 128-01-113 P.P. No. 128-01-122 Z.M. Bigelow’s Subdivision of part Situated in the City of Cleveland, Situated in the City of Cleveland, of Original One Hundred Acre Lot County of Cuyahoga and State of County of Cuyahoga and State of Nos. 425 and 426, as shown by the Ohio, and known as being Sublot No. Ohio, and known as being the East- recorded plat in Volume 9 of Maps, 97 in Luna Heights Subdivision of erly 40 feet of Sublot Nos. 130 and Page 15 of Cuyahoga County part of Original One Hundred Acre 131 in Luna Heights Subdivision of Records, and being 33-1/3 feet front Lot Nos. 417 and 418, as shown by part of Original One Hundred Acre on the Northerly side of Shale Street the recorded plat in Volume 42 of Lot No. 418, as shown by the record- (now known as Shale Avenue South- Maps, Page 19 of Cuyahoga County ed plat in Volume 42 of Maps, Page east) and extending back of equal Records, and being 40 feet front on 19 of Cuyahoga County Records, the Southerly side of Crestwood together forming a parcel of land 40 width 126 feet deep, as appears by Avenue, S.E., and extending back feet front on the Northerly side of said plat, be the same more or less, between parallel lines 105 feet deep, Crestwood Avenue, S.E., and extend- but subject to all legal highways. be the same more or less, but sub- ing back of equal width 80 feet, as Section 59. That all documents ject to all legal highways. appears by said plat, be the same necessary to complete the con- Subject to an easement recorded more or less, but subject to all legal veyance authorized by this ordi- in Volume 4811, Page 299 of Cuya- highways. nance shall be executed within six hoga County Records. Section 53. That pursuant to Sec- (6) months of the effective date of Subject to zoning ordinances, if tion 183.021 of the Codified Ordi- this ordinance. If all of the docu- any. nances of Cleveland, Ohio, 1976, the ments are not executed within six Section 47. That pursuant to Sec- Commissioner of Purchases and Sup- (6) months of the effective date of tion 183.021 of the Codified Ordi- plies is hereby authorized to sell this ordinance, or such additional nances of Cleveland, Ohio, 1976, the Permanent Parcel No. 128-01-123, as time as may be granted by the Commissioner of Purchases and Sup- more fully described in Section 54 Director of Community Develop- plies is hereby authorized to sell below, to Buckeye Area Develop- ment, this ordinance shall be Permanent Parcel No. 128-01-119, as ment Corporation or its designee. repealed and shall be of no further more fully described in Section 48 Section 54. That the real property force or effect. below, to Buckeye Area Develop- to be sold pursuant to Section 53 of Section 60. That the consideration ment Corporation or its designee. this Ordinance is more fully for the subject parcel shall be estab- Section 48. That the real property described as follows: lished by the Board of Control and to be sold pursuant to Section 47 of shall be not less than Fair Market this Ordinance is more fully P.P. No. 128-01-123 Value taking into account such described as follows: Situated in the City of Cleveland, terms and conditions, restrictions County of Cuyahoga and State of and covenants as are deemed nec- P.P. No. 128-01-119 Ohio, and known as being Sublot No. essary or appropriate. Situated in the City of Cleveland, 133 in the Luna Heights Subdivision Section 61. That the conveyance County of Cuyahoga and State of of part of Original One Hundred authorized hereby shall be made by Ohio, and known as being Sublot No. Acre Lot Nos. 417 and 418, as shown official deed prepared by the Direc- 91 in Luna Heights Subdivision of by the recorded plat in Volume 42 tor of Law and executed by the part of Original One Hundred Acre of Maps, Page 19 of Cuyahoga Coun- Lot Nos. 417 and 418, as shown by ty Records, and being 40 feet front Mayor on behalf of the City of the recorded plat in Volume 42 of on the Northerly side of Crestwood Cleveland. The deed shall contain Maps, Page 19 of Cuyahoga County Avenue, S.E., and extending back such provisions as may be neces- Records, and being 40 feet front on 114.01 feet on the Westerly line, sary to protect and benefit the pub- the Southerly side of Crestwood 114.02 feet on the Easterly line and lic interest. Avenue, S.E., and extending back of having a rear line of 40 feet, as Section 62. That this ordinance is equal width 105 feet, as appears by appears by said plat, be the same hereby declared to be an emergency said plat, be the same more or less, more or less, but subject to all legal measure and, provided it receives but subject to all legal highways. highways. the affirmative vote of two-thirds of Subject to zoning ordinances, if Section 55. That pursuant to Sec- all the members elected to Council, any. tion 183.021 of the Codified Ordi- it shall take effect and be in force Section 49. That pursuant to Sec- nances of Cleveland, Ohio, 1976, the immediately upon its passage and tion 183.021 of the Codified Ordi- Commissioner of Purchases and Sup- approval by the Mayor; otherwise it nances of Cleveland, Ohio, 1976, the plies is hereby authorized to sell shall take effect and be in force Commissioner of Purchases and Sup- Permanent Parcel No. 128-02-184, as from and after the earliest period plies is hereby authorized to sell more fully described in Section 56 allowed by law. Permanent Parcel No. 128-01-120, as below, to Buckeye Area Develop- Referred to Directors of Commu- more fully described in Section 50 ment Corporation or its designee. nity Development, City Planning, below, to Buckeye Area Develop- Section 56. That the real property Finance, Law; Committees on Com- ment Corporation or its designee. to be sold pursuant to Section 55 of munity and Economic Development, Section 50. That the real property this Ordinance is more fully City Planning, Finance. to be sold pursuant to Section 49 of described as follows: this Ordinance is more fully Ord. No. 1162-96. described as follows: P.P. No. 128-02-184 By Councilman Coats. Situated in the City of Cleveland, An emergency ordinance to amend P.P. No. 128-01-120 County of Cuyahoga and State of Section 305.99 of the Codified Ordi- Situated in the City of Cleveland, Ohio, and known as being Sublot No. nances of Cleveland, Ohio, 1976; and County of Cuyahoga and State of 29 in Bigelow Allotment of part of to repeal Section 305.09 thereof, both Ohio, and known as being Sublot No. Original One Hundred Acre Lot Nos. as amended by Ordinance No. 535-51, 90 in Benham’s Luna Heights Sub- 425 and 426, as shown by the record- passed December 10, 1951; relating division of part of Original One ed plat in Volume 9 of Maps, Page to the notice of failure to display Hundred Acre Lot Nos. 417 and 418 15 of Cuyahoga County Records, and as shown by the recorded plat in being 50 feet front on the Northerly building numbering and the penalty Volume 42 of Maps, Page 19 of side of Shale Avenue, Southeast and therefor. Cuyahoga County Records and extending back of equal width 126 Whereas, this ordinance consti- being 40 feet front on the Souther- feet, as appears by said plat. tutes an emergency measure pro- ly side of Crestwood Avenue, and Section 57. That pursuant to Sec- viding for the usual daily operation extending back of equal width 105 tion 183.021 of the Codified Ordi- of a municipal department; now, feet as appears by said plat. nances of Cleveland, Ohio, 1976, the therefore, Subject to zoning ordinances, if Commissioner of Purchases and Sup- Be it ordained by the Council of any. plies is hereby authorized to sell the City of Cleveland: Section 51. That pursuant to Sec- Permanent Parcel No. 128-02-185, as Section 1. That Section 305.99 of tion 183.021 of the Codified Ordi- more fully described in Section 58 the Codified Ordinances of Cleve- nances of Cleveland, Ohio, 1976, the below, to Buckeye Area Develop- land, Ohio, 1976, as amended by Commissioner of Purchases and Sup- ment Corporation or its designee. Ordinance No. 535-51, passed Decem- plies is hereby authorized to sell Section 58. That the real property ber 10, 1951, is hereby amended to Permanent Parcel No. 128-01-122, as to be sold pursuant to Section 57 of read as follows: 1138 June 19, 1996 The City Record 9

Section 305.99 Penalty of a municipal department; now, its designee, to provide economic Whoever fails to comply with the therefore, development loan assistance in the provisions of Sections 305.05 or Be it ordained by the Council of form of a Community Development 305.08 shall be guilty of a minor the City of Cleveland: Block Grant float loan in the misdemeanor and shall be fined not Section 1. That notwithstanding amount of $3,500,000.00 to finance less than seventy-five dollars and as an exception to the provi- the purchase, rehabilitation or con- ($75.00) and not more than one hun- sions of Chapter 181 and 183 of the struction of low income rental hous- dred dollars ($100.00). Codified Ordinances of Cleveland, ing in the City of Cleveland. Section 2. That existing Sections Ohio, 1976, the Commissioner of Pur- Section 2. That the terms of said 305.09 and 305.99 of the Codified chases and Supplies is hereby autho- loan shall be determined by the Ordinances of Cleveland, Ohio, 1976, rized to purchase the following Director of Community Development both as amended by Ordinance No. described property for the purpose in accordance with regulations, 535-51, passed December 10, 1951, are of developing an east side mainte- state and local law, and said Direc- hereby repealed. nance facility: tor is authorized to amend said Section 3. That this ordinance is terms, from time to time, as he hereby declared to be an emergency JOHN BURROUGHS SITE deems necessary to remain consis- measure and, provided it receives 6410-12 CENTRAL AVENUE tent with said laws and regulations. the affirmative vote of two-thirds of PERMANENT PARCEL Section 3. That the cost of said all the members elected to Council, NO.: 118-30-005 contract shall be paid from Fund it shall take effect and be in force Situated in the City of Cleveland, No. 14 SF 810, Request No. 23051. immediately upon its passage and County of Cuyahoga and State of Section 4. That the Director of approval by the Mayor; otherwise it Ohio and known as being Sublot Community Development shall shall take effect and be in force Nos. 148, 149, 150, 151, 152, 153, 154, obtain an irrevocable, unconditional from and after the earliest period 155, 156, and 157 in the W.S. & M.W. letter of credit to secure repayment allowed by law. Chamberlain Subdivision of part of of said loan. Any security instru- Referred to Directors of Public Original One Hundred Acre Lot Nos. ment shall be approved by the Service, Finance, Law; Committees 334 and 335 as shown by the record- Director of Law. on Public Service, Legislation, ed Plat in Volume 3 of Maps, Page Section 5. That the Director of Finance. 28 of Cuyahoga County Records, and Community Development is hereby being 160 feet front on the Souther- authorized to accept monies in Ord. No. 1163-96. ly side of Central Avenue, and repayment of the loan and to By Councilmen Coats and Rokakis extending back between parallel deposit said monies in the CDBG (by departmental request). lines 400 feet, as appears by said fund. An emergency ordinance autho- plat, be the same more or less, but Section 6. That the Director of rizing and directing the purchase by subject to all legal highways. Community Development is hereby contract of not to exceed thirty five Section 2. That the Director of authorized to charge and accept computers and not to exceed four Parks, Recreation and Properties is fees in an amount not to exceed the printers, for the Division of Engi- hereby authorized to execute on maximum allowable under federal neering and Construction, Depart- behalf of the City of Cleveland all regulations and expend such fees to ment of Public Service. necessary documents to acquire cover costs incurred in the prepara- Whereas, this ordinance consti- such property and to employ and tion of the loan application, closing tutes an emergency measure pro- pay all fees for title companies, sur- and servicing of the loan. Such fees viding for the usual daily operation veys, escrows, appraisers, environ- shall be deposited to and expended of a municipal department; now, mental audits, and all other costs from the CDBG fund. therefore, necessary for the acquisition of Section 7. That the Director of Be it ordained by the Council of such property. Law is hereby authorized to prepare the City of Cleveland: Section 3. That the consideration said contract and such other docu- Section 1. That the Director of to be paid for such property shall ments as may be appropriate to Public Service is hereby authorized not exceed its fair market value. complete the transaction authorized and directed to make a written con- Section 4. That all costs of acqui- hereunder. tract in accordance with the Char- sition of land shall be paid from Section 8. That this ordinance is ter and the Codified Ordinances of Fund No. 20 SF 323, Request No. hereby declared to be an emergency Cleveland, Ohio, 1976, for each or all 23052. measure and, provided it receives of the following items: not to exceed Section 5. That this ordinance is the affirmative vote of two-thirds of thirty five (35) computers and not hereby declared to be an emergency all the members elected to Council, to exceed four (4) printers to be measure and, provided it receives it shall take effect and be in force purchased by the Commissioner of the affirmative vote of two-thirds of immediately upon its passage and Purchases and Supplies upon a unit all the members elected to Council, approval by the Mayor; otherwise it basis for the Division of Engineer- it shall take effect and be in force shall take effect and be in force ing and Construction, Department of immediately upon its passage and from and after the earliest period Public Service. approval by the Mayor; otherwise it allowed by law. Section 2. That the cost of said shall take effect and be in force Referred to Directors of Commu- contract hereby authorized shall be from and after the earliest period nity Development, Finance, Law; paid from Fund No. 01-40-04-0414, allowed by law. Committees on Community and Eco- Request No. 21890. Referred to Directors of Parks, nomic Development, Finance. Section 3. That this ordinance is Recreation and Properties, City hereby declared to be an emergency Planning Commission, Finance, Ord. No. 1166-96. measure and, provided it receives Law; Committees on Public Parks, By Councilmen Jackson and the affirmative vote of two-thirds of Property and Recreation, City Plan- Rokakis (by departmental request). all the members elected to Council, ning, Finance. An emergency ordinance autho- it shall take effect and be in force rizing the Director of Economic immediately upon its passage and Ord. No. 1165-96. Development to execute an amend- approval by the Mayor; otherwise it By Councilmen Jackson and ment to City Contract No. 40622 shall take effect and be in force Rokakis (by departmental request). regarding a Master Development from and after the earliest period An emergency ordinance autho- Agreement with Figgie Internation- allowed by law. rizing the Director of Community al, Inc. Referred to Directors of Public Development to enter into a contract Whereas, pursuant to the authori- Service, Finance, Law; Committees with Cleveland Housing Network, or ty of Ordinance No. 2197-88, passed on Public Service, Finance. their designee, to provide economic by this Council on January 30, 1989, development loan assistance in the the City of Cleveland executed a Ord. No. 1164-96. form of a Community Development Master Development Agreement By Councilmen Jackson, Johnson, Block Grant float loan for the pur- known as City Contract No. 40622 Rybka and Rokakis (by departmen- chasing, rehabilitating or construct- (the “MDA”) by and between the tal request). ing of low income rental housing. City and Figgie International, Inc.; An emergency ordinance autho- Whereas, this ordinance consti- and rizing the Commissioner of Pur- tutes an emergency measure pro- Whereas, on January 31, 1990, Fig- chases and Supplies to purchase a viding for the usual daily operation gie International, Inc. assigned its site for a east side maintenance of a municipal department; now, rights under the MDA to Figgie facility at 6410-12 Central Avenue, therefore, Properties, Inc.; and for the Division of Parks Mainte- Be it ordained by the Council of Whereas, on or about May 25, nance, Department of Parks, Recre- the City of Cleveland: 1995, Chagrin Highlands, Ltd., an ation and Properties. Section 1. That the Director of Ohio limited liability company, was Whereas, this ordinance consti- Community Development is hereby formed by Figgie International, tutes an emergency measure pro- authorized to enter into a contract Inc., Jacobs Development Co. and viding for the usual daily operation with Cleveland Housing Network, or JVJ Corp. for the purpose of devel- 1139 10 The City Record June 19, 1996 oping the Chagrin Highlands pro- “Big Box Retail” shall mean an ties agree and acknowledge that the ject pursuant to the terms of the individual establishment, the princi- Vision Statement is a statement of MDA; and ple purpose of which is the retail the mutual goals and aspirations of Whereas, the City and Chagrin sale of goods to patrons, which the parties with respect to the Highlands, Ltd. are now desirous of exceeds fifty thousand (50,000) development of the Property and amending the terms of the MDA to square feet in Building Square except as otherwise specifically pro- incorporate certain terms agreed Footage; provided that Entertain- vided in this Master Agreement, the upon by the parties; and ment Establishments shall be Vision Statement does not create Whereas, this ordinance consti- excluded from this definition of any additional, or modify any exist- tutes an emergency measure pro- “Big Box Retail”. ing, rights remedies or obligations viding for the usual daily operation “Developer” shall mean Chagrin for any party. The Vision Statement of a municipal department; now, Highlands, Ltd. does not modify the Building therefore, “Entertainment Establishments” Requirement set forth in Section Be it ordained by the Council of shall mean individual establish- 2(a). The City and Developer agree the City of Cleveland: ments, the principal purpose of that they will mutually cooperate Section 1. That the Director of which is the provision of entertain- and consent to any amendments to Economic Development is autho- ment or amusement to patrons such existing zoning requirements or rized to execute an amendment to as cinemas, theaters, food courts, restrictions that may be necessary City Contract No. 40622 (the “MDA”) theme restaurants, ice skating rinks to undertake the development of the which amendment shall contain or similar establishments; Property in accordance with the provisions substantially in accor- “Expiration Date” shall mean Vision Statement. dance with the following: December 31, 2038, or such earlier termination of this Master Agree- (h) Section 3.1(a) of the MDA is (a) The Exhibit List of the MDA ment as otherwise provided herein; amended to read as follows: is amended to add the following provided, however, that although it (a) The City hereby acknowl- additional Exhibits: is the intention of the parties here- edges that it is the owner of all V Vision Statement to, as creators of the interests here- improvements (other than the anten- W Northwest Quadrant by created, that the following def- na owned by the County of Cuya- inition shall control the meaning of hoga, the equipment and other prop- (b) The third “WHEREAS” claus- the term “Expiration Date”, in the erty owned by the operation Leases es is amended to read as follows: event the rights and interests here- lessee, the Driving Range Lease Whereas, Figgie International by created are determined by a lessee and the equipment owned by Inc., a Delaware corporation (“Fig- court of competent jurisdiction to be the operators of the model airplane gie International”), proposes to subject to any statute against per- facility located on the Property. The move its corporate headquarters to petuities (including, without limita- City hereby authorizes Developer to the Cleveland area, and has agreed tion, the provisions of Ohio Revised and Developer (i) shall (no later to lease or purchase the Property Code Section 2131.08) or any com- than thirty (30) days after the date and develop it on the terms and sub- mon law rule against perpetuities, that the Interchange is completed ject to the conditions set forth in the parties acknowledge and agree and becomes fully open to the pub- this Agreement; and that “Expiration Date” shall mean lic) commence demolition of the the earliest of (i) December 31, 2038; main Hospital Site building, the (c) The following new seventh, (ii) the twenty-first (21st) anniver- Benesch apartment building and all eighth and ninth “WHEREAS” sary of the death of the survivor of other improvements located on or clauses are added to the MDA: the now living linear descendants of associated with the Hospital Site, Whereas, on January 31, 1990, Fig- Mercedes Cotner, Clerk of the Coun- the Benesch Apartment building gie International assigned its rights cil of the City; or (iii) such earlier and the Cuyahoga County antenna under this Agreement to Figgie termination of this Master Agree- (including without limitation those Properties Inc., a Delaware corpora- ment as otherwise provided herein; listed or shown on Exhibit E), and tion (“Properties”); and “Headquarters Occupancy Date” place the Hospital Site, the Benesch Whereas, the City and Figgie means the date Figgie Internation- Apartment building, and Cuyahoga International and Properties have al has achieved substantial comple- County antenna site in substantial- agreed that all of the rights and tion of its headquarters building on ly level condition; (ii) shall proceed obligations of Figgie International the Property and has occupied such with due diligence to complete such and Properties under this Agree- building as its corporate headquar- demolition within eighteen months ment shall be assigned to Chagrin ters; (18) after commencing such demoli- Highlands, Ltd., an Ohio limited lia- “Ohio Relocation Condition” shall tion; and (iii) shall complete such bility company, the members of mean relocation by Figgie Interna- demolition within eighteen (18) which are Properties (50%), Jacobs tional of Figgie International’s cor- months after commencement of Chagrin Highlands, Ltd., an Ohio porate headquarters to Cuyahoga same. After Developer has complet- limited liability company, (49%) County or Lake County, State of ed such demolition, Developer shall and JG Chagrin, Ltd., an Ohio lim- Ohio; submit to the City either: ited liability company, (1%) and (i) a certification by either a Reg- that Chagrin Highlands, Ltd. shall f) Section 2.1 (a)(iii) of the MDA istered Architect, licensed to prac- be the Developer for all purposes of is amended to read as follows: tice such profession in Ohio, or a this Agreement (iii) from the date of satisfaction licensed Professional Engineer, Whereas, in June, 1996 the parties of the Higher Conditions Precedent licensed to practice such profession entered into a Settlement Agree- (the “Full Building Date”), the in Ohio, in either event being an ment (the “Settlement Agreement”) Building Requirement shall be to architect or engineer as to whom concerning certain issues related to achieve Complete Construction of the City has no reasonable objec- the rights and obligations under Building Square Footage on the tions, certifying to the City that the this Master Agreement. Property of not less than a cumula- demolition required to be done as tive total of 198,500 for each year set forth above has been completed (d) The consideration paragraph elapsed from the Zone Access Date and completed in accordance with of the MDA is amended to read as (and a cumulative total of 1,389,500 all applicable laws, ordinances, and follows: for each ten-year period elapsed governmental regulations; or Now, therefore, for good and valu- from the Zone Access Date), except (ii) an acknowledgment by the able consideration, including, with- that less (to zero) than the above building department of the Annex- out limitation, the covenants and stated annual minimum Building ing Municipality to which the Hos- agreements hereinafter set forth, Square Footage may occur for any pital Site, Benesch Apartment build- the receipt and adequacy of which three (3) years in each such ten ing and Cuyahoga County antenna are hereby acknowledged, Figgie (10) year period, but such permitted site have been annexed acknowl- International Inc. a Delaware cor- years of less than the above stated edging that the demolition has been poration, Chagrin Highlands, Ltd., annual minimum Building Square completed and completed in accor- an Ohio limited liability company, Footage Requirement shall not dance with all applicable laws, ordi- and the City do hereby agree as fol- reduce the cumulative total required nances, and governmental regula- lows: for each ten (10) year period tions; elapsed as set forth above. (Either of such being delivered is (e) Section 1, Definitions, is hereinafter referred to as the amended to revise the definitions of (g) A new Section 2.1(e) is insert- “Demolition Certification”). “Expiration Date,” “Headquarters ed in the MDA: Occupancy Date,” and “Ohio Reloca- (e) Developer and the City share (i) A new Section 3.1 (f) is insert- tion Condition” to read as follows a common vision for the develop- ed in the MDA: and to add new definition for “Big ment of the Property, the terms of (f) Developer shall not undertake, Box Retail” and “Entertainment which are set forth in Exhibit V without the City’s express written Establishments”: (the “Vision Statement”). The par- consent: (i) any purchase, lease or 1140 June 19, 1996 The City Record 11 development of the “Northwest sary date of such Closing” shall be to maintain at least 30% of any Quadrant” (the specific area of replaced with the words “June 30, Tract as Open Space, the City may, which is outlined on Exhibit W), 1999”; by written notice, elect to terminate until the Developer has completed (iv) the phrase “forty-eight (48) this Master Agreement, such termi- its demolition obligations as months after the Closing of such nation to be effective as of the one described in 3.1(a); or (ii) any solic- Parcel’s original sale” shall be hundred eightieth (180th) day after itation of National City Bank, Med- replaced with the words “June 30, such notice is given unless on or Immune, or Cleveland Range 1998”; before such time Developer reme- (and/or their affiliates, subsidiaries (v) the phrase “sixty (60) months dies such condition. “Open Space” and related entities); provided that, after the Closing of such Parcel’s shall mean the total area of a Tract with respect to other prospective original sale pursuant to this Mas- excluding any surfaces covered by purchasers or tenants, City and ter Agreement” shall be replaced the footprint of a building or paved Developer agree that each may pur- with the words “June 30, 1999.” vehicular surfaces. sue potential purchasers or tenants (l) In the event that De v e l o p e r independently and shall respect (l) Sections 7.1(f) and 7.1(g) of has not constructed Building Square such purchasers’ or tenants’ right to the MDA are amended to read as Footage of at least Two Million make there own choices between follows: Eight Hundred Thousand (2,800,000) Chagrin Highlands and Cleveland (f) Notwithstanding any provi- square feet of corporate facilities Enterprise Park. sions contained in subsection 2.2, in prior to December 31, 2038, the City the event Figgie International has may, by written notice, elect to ter- (j) New Sections 3.2(c) and 3.2(d) not achieved Complete Construction minate this Master Agreement, such are inserted in the MDA: of its corporate headquarters, which termination to be effective as of the (c) Developer shall disclose to the was Under Development on the date of such notice. City any material changes in the Property before June 30, 1994, on or before thirty (30) months after the credentials of any member of the (n) Section 7.2(b) of the MDA is period commencing ninety (90) days development team, which for pur- amended to read as follows: after the later of (i) ______, 1996; or (b) In the event the Utility Con- poses of this section shall mean the (ii) the date on which a building members of Developer. Any disclo- dition Phase II has not been satis- permit is issued for the construction fied on/or before December 31, 1999, sure required pursuant to this Sec- of Figgie International’s corporate tion shall be made within thirty the Developer may, at any time headquarters, which permit Figgie thereafter prior to the satisfaction (30) days after the occurrence of International shall apply for or any such material change. Develop- of such condition, by written notice cause to be applied for by ______, to the City, elect to terminate this er shall provide to the City within 1996, the City may, by written sixty (60) days after the end of Master Development Agreement, notice, elect to terminate this Mas- such termination to be effective as each calendar year during this Mas- ter Agreement, such termination to ter Agreement the annual report of the one hundred eightieth (180th) be effective as of the one hundred day after such notice is given, regarding the development eightieth (180th) day after such described in the Vision Statement. unless on or before such date such notice is given unless on or before conditions are satisfied. Developer shall provide to the City such time Figgie International within sixty (60) days after the end remedies such failure. (o) Section 7.4 of the MDA is of each five year period during this (g) In the event Figgie Interna- Master Agreement (commencing amended to read as follows: tional relocates to Ohio and there- 7.4 Interchange Condition. In the with the five year period that after moves its corporate headquar- begins on January 1, 1997) the event the Interchange Condition has ters to a location in neither Cuya- not been satisfied on or before Progress Report described in the hoga County nor Lake County, State December 31, 2000, the Developer Vision Statement. of Ohio. may, by written notice to the City (d) Developer agrees that it shall (the “Interchange Condition Notice”) cooperate with the City by permit- (m) New Sections 7.1 (h), (i), (j), elect to terminate this Master (k) and (l) are inserted in the MDA: ting the City or its designees to Agreement pursuant to Section 7.1 (h) In the event Developer con- monitor, to the extent necessary to herein, such termination to be effec- determine Developer’s compliance structs on the Property (i) a region- al shopping mall; (ii) Building tive as of the 180th day after the with this Master Agreement, the Interchange Condition Notice is progress of the development of the Square Footage (inclusive of Enter- tainment Establishments) in excess given. Property, and to provide such mon- (o) Section 9.5(b) of the MDA is itors with reasonable access to any of two hundred fifty thousand (250,000) square feet the principal amended to read as follows: information necessary to determine (b) Communications concerning such compliance. purpose of which is the retail sale of goods to patrons; (iii) Big Box Developer shall be addressed (the “Developer’s Notice Address”) to: (k) Section 4.4(b) of the MDA is Retail, or (iv) any Entertainment amended to read as follows: Establishment in excess of seventy- five thousand (75,000) square feet of Chagrin Highlands, Ltd. (b) In the event Developer exer- 25425 Center Ridge Road cises its rights to cause the City to Building Square Footage, the City may, by written notice, elect to ter- Cleveland, Ohio 44145-4122 sell a Parcel of Reserved Land with Attention: Richard E. Jacobs an area of 25 acres or less and des- minate this Master Agreement, such termination to be effective as of the ignates in the exercise notice given With copies to: pursuant to Section 4.2(b) that such one hundred eightieth (180th) day after such notice is given on or Parcel is the “Headquarters Parcel,” Jacobs Chagrin Highlands, Ltd. such Parcel shall be referred to as before such time Developer reme- dies such conditions. 25425 Center Ridge Road the “Headquarters Parcel” and the (i) In the event Developer con- Cleveland, Ohio 44145-4122 provisions of subsection 4.4(a) shall structs more than one thousand Attention: Richard E. Jacobs be applicable to such Parcel only as (1000) hotel rooms on the Property, revised by the provisions of this the City may, by written notice, And: subsection (b). Designation of such elect to terminate this Master a Parcel as the Headquarters Par- Agreement, such termination to be Figgie Properties Inc. cel shall be a statement of intent by effective as of the one hundred 4420 Sherwin Road Figgie International to cause its eightieth (180th) day after such Willoughby, Ohio 44094 corporate headquarters to be con- notice is given unless on or before Attention: Jerome M. Ferstman structed on such Parcel. In the such time Developer remedies such event of such designation, the pro- conditions. (p) Section 9.7 of the MDA is visions of subsection 4.4(a) shall be (j) In the event Developer con- amended to read as follows: applicable to the Headquarters Par- structs on the Property Building 9.7 Successors and Assigns. The cel only with the following revi- Square Footage in excess or five terms, covenants, and conditions sions: hundred thousand (500,000) square contained in this Master Agreement (i) the phrase “the second feet of warehouse space on the shall bind and inure to the benefit anniversary date of the Closing of Property, the City may, by written of City and Developer and their the sale of such Parcel” shall be notice, elect to terminate this Mas- respective successors and assigns. replaced with the words “June 30, ter Agreement, such termination to Developer covenants and agrees not 1996”; be effective as of the one hundred to assign this Master Agreement (ii) the phrase “the fourth eightieth (180th) day after such without the prior consent of City, anniversary date of such Closing” notice is given unless on or before but such agreement shall not limit shall be replaced with the words such time Developer remedies such or restrict Developer’s rights to “June 10, 1998”; condition. name nominee(s) or designee(s) (iii) the phrase “the fifth anniver- (k) In the event Developer fails pursuant to the Purchase Procedure 1141 12 The City Record June 19, 1996 or the Lease Procedure. Developer encourage development in the area Parks, Recreation and Properties to shall not permit the transfer of a located at Jennings Road and will, make alterations and modifications membership interest in Developer to furthermore, eliminate blight and in Contract No. 46292, for Gateway any person, firm or entity without prevent the recurrence thereof in North Garage with Donley’s Inc., for the prior written consent of the the Area; now, therefore, the Department of Parks, Recre- City, except that no such consent is Be it ordained by the Council of ation and Properties. required for transfers of such mem- the City of Cleveland: Whereas, this ordinance consti- bership interests between and Section 1. That based upon infor- tutes an emergency measure pro- among the members of Developer. mation and data presented to this viding for the usual daily operation Developer shall provide notice to Council and the information con- of a municipal department; now, the City of any change in the iden- tained in Council File No. 1776-A-90- therefore, tity or ownership interest of the A, it is hereby found and deter- Be it ordained by the Council of members of Developer, including mined that the area located at 4221 the City of Cleveland: changes resulting from transfers Jennings Road (Permanent Parcel Section 1. That the Director of among the members of Developer No. 009-33-005 and 009-33-006) is a Parks, Recreation and Properties is which may be made without the blighted and deteriorated area in hereby authorized and directed to consent of the City. which housing facilities or struc- make the following alterations and tures of historical significance are modifications in Contract No. 46292 (q) Section 9.8 of the MDA is located and the prospects of new with Donley’s Inc. for the Gateway amended to read as follows: construction and repair of existing North Garage: 9.8 Manager and Amendment. This facilities or structures are discour- Master Agreement, the Settlement aged. 1. Amounts Recommended for Ap- Agreement and the documents to be Section 2. That the area herein- proval delivered thereunder constitute the above described is hereby designat- A. Hazardous Materials Testing entire agreement between the par- ed a Community Reinvestment Area (CE-G7) ties hereto pertaining to the subject pursuant to Section 3735.65 et seq. of Additional amount of $74 is matter hereof and supersede all the Ohio Revised Code. required to test suspicious and prior and contemporaneous negotia- Section 3. That the construction of potentially hazardous materials. tions, agreements and understand- approximately 110 new homes in Material found on an abandoned ing of the parties. No supplement, attached units on a nine acre site steam line was suspected to contain modification, waiver or termination in the Community Reinvestment asbestos. The material was tested of this Master Agreement shall be Area is hereby declared to be a pub- and found not to be hazardous. binding unless executed in writing lic purpose for which exemption B. Terminate Column Stubs. by the party to be bound thereby. from real property taxation shall be Remove Metal Guards (CE-G25) Section 2. That the Director of granted in the following manner: A credit to the contract in the Economic Development, Director of The owner of such real property amount of $879 was received as a Law, and other appropriate City in the Community Reinvestment result of the elimination of column officials, are authorized to execute Area described hereinabove may file stubs which were shown on the con- such other documents and certifi- an application for exemption from tract documents. The deletion of cates, and take such other actions real property taxation with the Com- these stubs eliminated a potential as may be necessary or appropriate missioner of Neighborhood Develop- driving hazard. to effect the amendment authorized ment for the City of Cleveland for C. Delete Installation of Security by this Ordinance. a period of ten (10) years for 100% Wiring Conduit (CE-G50) Section 3. That this ordinance is of the assessed taxes for the con- A credit to the contract in the hereby declared to be an emergency struction activities described above. amount of $3,781 was received as a measure and, provided it receives Section 4. That the Commissioner result of eliminating security con- the affirmative vote of two-thirds of of Neighborhood Development for duit specified to be installed as part all the members elected to Council, the City of Cleveland shall serve as the Security Bid Package. it shall take effect and be in force the Housing Officer, as defined by immediately upon its passage and Section 3735.65 et seq. of the Ohio D. Relocation of Three Flagpoles approval by the Mayor; otherwise it Revised Code, for the Community (CE-G54) Additional amount of $6,603 is shall take effect and be in force Reinvestment Area described here- from and after the earliest period inabove and shall administer all required to relocate three flagpoles allowed by law. activities carried out pursuant to from E. 4th Street to new location Referred to Directors of Econom- Section 3735.65 et seq. of the Ohio at the intersection of High Street ic Development, Finance, Law; Com- Revised Code and this ordinance. and Ontario. mittees on Community and Econom- That this exemption from real prop- E. Chain Link Fence Around ic Development, Finance. erty taxation is contingent upon all Sump Area (CE-G63) applicable requirements of Section Additional amount of $4,518 were Ord. No. 1167-96. 3735.65 et seq. of the Ohio Revised required to provide and install a By Councilmen Jackson, Rybka Code and this ordinance having five foot high chain link fence and Rokakis (by departmental been met. around the basement sump pit. This request). Section 5. That to the extent that additional fence was the require- An emergency ordinance estab- the findings and the exemptions ment to provide protection for the lishing a Community Reinvestment from real property taxation set forth public. Area in the area of Jennings Road, hereinabove conflict with any pro- F. Protective Railing (CE-G66) pursuant to Section 3735.65 et seq. of visions of ordinances passed by this Additional amounts of $2,154 is the Ohio Revised Code, and making Council prior to the passage of this required to provide and install addi- certain findings and determinations ordinance, the provisions of this tional safety guard rail between the in connection therewith. ordinance shall prevail commencing poured-in-place concrete stairs and Whereas, Section 3735.65 et seq., upon the effective date of this ordi- the exterior glass curtain wall. The of the Ohio Revised Code authorizes nance. addition of the rails provided the municipalities to designate Commu- Section 6. That this ordinance is necessary safety protection required nity Reinvestment Areas where cer- hereby declared to be an emergency by City inspectors. tain criteria have been met; and measure and, provided it receives G. Delete Security Conduit to be Whereas, the area located at Jen- the affirmative vote of two-thirds of Installed by Other Contractor (CE- nings Road is an area in which all the members elected to Council, G67) housing facilities or structures of it shall take effect and be in force A credit to the contract in the historical significance are located immediately upon its passage and amount of $4,260 was received as a and the prospects of new housing approval by the Mayor; otherwise it result of the deletion of security construction and repair of existing shall take effect and be in force system rough-in items, installed as facilities or structures are discour- from and after the earliest period part of other work. aged; and allowed by law. H. Rubble Removal (CE-G70) Whereas, the City desires to Referred to Directors of Commu- Additional amount of $17,199 is encourage new housing construction nity Development, City Planning required to remove rubble along and the repair of existing housing Commission, Finance, Law; Commit- relocated Ontario Road. The rubble facilities to eliminate blight and tees on Community and Economic removal consisted of the removal prevent the recurrence of blight by Development, City Planning, and backfill of an abandoned vault. granting tax exemptions; and Finance. Donley’s Inc. was instructed to do Whereas, this ordinance consti- this work (outside of their work tutes an emergency measure pro- Ord. No. 1168-96. limits) as a result of the fast track viding for the immediate preserva- By Councilmen Johnson and nature of this work. tion of public property, health, and Rokakis (by departmental request). safety, in that creating said Com- An emergency ordinance autho- Total approved without munity Reinvestment Area will rizing and directing the Director of qualifications $21,628 1142 June 19, 1996 The City Record 13

2. Amounts recommended for ap- Recreation and Properties, Finance, concrete curbs under the A.D.A. proval for payment to contractors, Law; Committees on Public Parks, ticket booth. The concrete island but reimbursement of City should be Property and Recreation, Finance. under the booth required modifica- pursued against Gateway or its con- tion to accommodate the unexpected sultants. Ord. No. 1169-96. door location on the ticket booth A. Additional Excavation (CE- By Councilmen Johnson and which was delivered. Therefor the G49) Rokakis (by departmental request). cost of the necessary modifications Additional amount of $585 is An emergency ordinance autho- to the concrete work were charge required to construct redesigned rizing and directing the Director of against this contract. foundations. The size of buried util- Parks, Recreation and Properties to ities were shown incorrectly on the make alterations and modifications Total approved without field survey, requiring modifications in Contract No. 46581, for Gateway qualifications $24,911 to the bridge foundation. These East Garage parking controls with Remaining contingency modifications required the contrac- Reserve Electric Company, for the allowance 250 tor to provide additional excavation. Department of Parks, Recreation Back-charge ______890 B. Mechanical Modifications (CE- and Properties. $23,771 G60) Whereas, this ordinance consti- Additional amount of $5,722 is tutes an emergency measure pro- Original Contract Amount required to relocate and modify the viding for the usual daily operation $ 589,000.00 mechanical ventilation system. The of a municipal department; now, Subsidiary Addition ductwork, return-air grille, flashing, therefore, + 23,771.00 and mechanical unit were required Be it ordained by the Council of ______to be relocated and reworked to fit the City of Cleveland: Revised Contract Amount within the available clearance tol- Section 1. That the Director of $ 612,771.00 erances of the bridge. This situation Parks, Recreation and Properties is should have been avoided during hereby authorized and directed to which alteration has been recom- the design phase of the project. make the following alterations and mended in writing by the said C. Isolation Joint (CE-G69) modifications in Contract No. 46581 Director of Parks, Recreation and Additional amount of $3,180 is with Reserve Electric Company for Properties, countersigned by the required to install an isolation joint the Gateway East Garage parking Mayor, and consented to by the sure- along column line C. This isolation controls: ty on said contract, which price to joint was required to protect the be paid therefor has been agreed Fourth Street Core wall from unex- 1. Amounts Recommended for upon in writing and signed by the pected movement of the structure. Approval Director of Parks, Recreation and This corrective action is required to A. Conduit to Additional Coupon Properties and the Contractor. This avoid structural damage to the Readers (CE-G92) alteration will cause an increase in building, and should have eliminat- Additional amount of $876 is the amount of the original contract ed in the design phase of the work. required to provide required electri- in the sum of $23,771.00, to be paid D. Pedestrian Bridge Connection cal conduit to additional coupon from Fund No. 65 SF 003. modifications (CE-G71) readers purchased as part of other Section 2. That this ordinance is Additional amount of $2,793 is bid packages. hereby declared to be an emergency required to install the necessary B. Gate Arm Modifications (CE- measure and, provided it receives roof flashing at the expansion joint G99) the affirmative vote of two-thirds of between the Pedestrian Bridge and Additional amount of $1,383 is all the members elected to Council, the Arena. Changes were required required to modify the specified it shall take effect and be in force to the bridge as a result of changes gate arms as required by the garage immediately upon its passage and made to the curtainwall of the operator. The one piece gate arms approval by the Mayor; otherwise it Arena, therefore these cost should were modified to be articulating shall take effect and be in force be charged to Gateway. arms which would extend further from and after the earliest period across the entrance lanes. This allowed by law. Total recommended for arrangement provides additional Referred to Directors of Parks, reimbursement: $12,280 control. Recreation and Properties, Finance, C. ADA Ticket Booth Modifica- Law; Committees on Public Parks, Total approved without tions (CE-G101) Property and Recreation, Finance. qualifications $21,628 Additional amount of $501 is Total recommended for required to modify the ADA ticket Ord. No. 1170-96. reimbursement 12,280 booths. The booths were lowered to By Councilmen Johnson and clear the existing opening. Field Rokakis (by departmental request). Total Recommended for modifications were made to the tick- An emergency ordinance autho- Payment to the et booth, which consisted of lower- rizing and directing the Director of Contractor $34,917 ing the roof of the booth. These Parks, Recreation and Properties to changes were made in the field to make alterations and modifications Original Contract Amount expedite the garage opening. in Contract No. 46968, for Gateway $ 10,242,690.00 D. Modifications to Coupon Read- North Garage security system with Subsidiary Addition ers (CE-G103) Precision Electric Company, for the Department of Parks, Recreation ______+ 34,917.00 Additional amount of $18,673 is required to adapt the specified hand and Properties. Revised Contract Amount Whereas, this ordinance consti- $ 10,277,607.00 held ticket readers to a permanent- ly mounted, fixed-in-place configu- tutes an emergency measure pro- viding for the usual daily operation which alteration has been recom- ration. This field modification was required by the Division of Parking. of a municipal department; now, mended in writing by the said therefore, Director of Parks, Recreation and E. Relocation of Traffic Signals and Cash Register Modifications Be it ordained by the Council of Properties, countersigned by the the City of Cleveland: Mayor, and consented to by the sure- (CE-G108) Additional amount of $3,478 is Section 1. That the Director of ty on said contract, which price to Parks, Recreation and Properties is required to construct modifications be paid therefor has been agreed hereby authorized and directed to to the Ticket Booth areas. Modifi- upon in writing and signed by the make the following alterations and Director of Parks, Recreation and cations to the traffic signals were modifications in Contract No. 46968 Properties and the Contractor. This required by the Garage Operator. with Precision Electric Company for alteration will cause an increase in These modifications consisted of the Gateway North Garage security the amount of the original contract relocating the Red and Green Traf- system: in the sum of $34,917.00, to be paid fic Signals from the top of the tick- from Fund No. 65 SF 004. et booths, to the side of the booths 1. Amounts Recommended for Ap- Section 2. That this ordinance is for better visibility. Modifications proval hereby declared to be an emergency were also required to the cash reg- A. Elevator Security System measure and, provided it receives isters to allow the manual opera- (CE47) the affirmative vote of two-thirds of tions of the gate arms and signals. all the members elected to Council, These modifications were required Additional amount of $2,298 is it shall take effect and be in force by the garage Operators. required to provide additional immediately upon its passage and F. Back-charge to Modify Concrete duress buttons within each elevator. approval by the Mayor; otherwise it Island at A.D.A. (CE-64) Ticket This additional expense allows for shall take effect and be in force Booth the monitoring of each elevator by from and after the earliest period A credit to the contract in the the security system when duress allowed by law. amount of $890 was charged for buttons are activated. The duress Referred to Directors of Parks, field modifications required to the buttons were not included in the ini- 1143 14 The City Record June 19, 1996 tial security package and had to be Additional amount of $3,606 is Referred to Directors of Parks, added. required to eliminate the obstruc- Recreation and Properties, Finance, B. Fiber Optic Interconnection tion of a fire hydrant at the west Law; Committees on Public Parks, (CE55) footing and a light pole base at the Property and Recreation, Finance. Additional amount of $90,844 is east footing. required to provide conduit and B. Revise Soffit Expansion Joint Ord. No. 1172-96. wiring and connections to the secu- Details (CE-PB02) By Councilmen Johnson and rity equipment as required for prop- Rokakis (by departmental request). Additional amount of $9,065 is er equipment operation of the fiber An emergency ordinance autho- required to close off the underside optic security system. This re-rout- rizing the Director of Parks, Recre- ing and connections were required of the bridge from the sight lines of ation, and Properties to accept an to sequence work and meet required the East Garage and Arena win- annual grant of cash or equipment timetables. dows. for a period of three years from the C. Provide Additional Supply Air NFL Charities for use in Cleveland Total approved without Ductwork (CE-PB04) Muny Football Association pro- qualifications $93,142 Additional amount of $8,718 is grams and various City recreation Remaining contingency required to provide insulation to the programs, and to enter into con- allowance ______(5,486) supply duct in the space beneath tracts with the Cleveland Muny $87,656 the bottom of the bridge floor and Football Association and other the exterior metal panels with agencies for implementation of Original Contract Amount Armaflex insulation. these programs. $ 217,900.00 D. Modification to Doors and Whereas, pursuant to Ordinance Subsidiary Addition Thresholds at East garage (CE- No. 303-96, passed March 8, 1996, + 87,656.00 ______PB05) Cleveland City Council required the NFL, within 30 days following the Revised Contract Amount Additional amount of $1,000 is execution of certain agreements, to $ 305,556.00 required to complete the installation cause NFL Charities to contribute of the bridge floor tile and expan- which alteration has been recom- $100,000 per year in cash or, if sion joint which abutted the East mended in writing by the said agreed to by the City, in equipment Director of Parks, Recreation and Garage floor. to the City for use in the Cleveland Properties, countersigned by the E. Provide Conduit for Security Muny Football Association pro- Mayor, and consented to by the sure- System (CE-PB06) grams; and ty on said contract, which price to Additional amount of $641 is Whereas, this ordinance consti- be paid therefor has been agreed required to provide an empty con- tutes an emergency measure pro- upon in writing and signed by the duit from the Arena to the East viding for the usual daily operation Director of Parks, Recreation and Garage in the open space beneath of a municipal department; now, Properties and the Contractor. This the bridge and to provide an outlet therefore, alteration will cause an increase in for security camera coverage on the Be it ordained by the Council of the amount of the original contract bridge. the City of Cleveland: in the sum of $87,656.00, to be paid Section 1. That the Director of from Fund No. 65 SF 004. Parks, Recreation, and Properties Section 2. That this ordinance is (the “Director”) is hereby autho- Total approved without hereby declared to be an emergency rized to accept from NFL Charities qualifications $23,030 measure and, provided it receives or its designee, an annual grant in the affirmative vote of two-thirds of This project was the amount of $100,000 over a three all the members elected to Council, inadvertently bid (3) year period for a total grant of it shall take effect and be in force without an allowance. $300,000, or in lieu of all or some of immediately upon its passage and Therefore this Change the cash grant, the Director may approval by the Mayor; otherwise it Order consists of all of accept a donation of equipment, pro- shall take effect and be in force the projects Field vided it is of an equivalent dollar from and after the earliest period Changes. ______value as the cash grant, for the pur- allowed by law. pose of implementing Cleveland $23,030 Referred to Directors of Parks, Muny Football Association pro- Recreation and Properties, Finance, grams and other City recreation pro- Law; Committees on Public Parks, Original Contract Amount grams. Property and Recreation, Finance. $ 922,000.00 Section 2. That any monies accept- Subsidiary Addition ed pursuant to the authority in Sec- Ord. No. 1171-96. + 23,030.00 tion 1 of this Ordinance, shall be By Councilmen Johnson and ______deposited into a separate grant Rokakis (by departmental request). Revised Contract Amount fund. An emergency ordinance autho- $ 945,030.00 Section 3. That the Director is rizing and directing the Director of hereby authorized to file all papers Parks, Recreation and Properties to which alteration has been recom- and execute all documents neces- make alterations and modifications mended in writing by the said in Contract No. 46525, for Gateway sary to receive the funds under the Director of Parks, Recreation and grant or to receive the equipment in East Garage pedestrian bridge with Properties, countersigned by the Singleton Construction Company, for lieu of grant funds. Mayor, and consented to by the sure- Section 4. That the Director is the Department of Parks, Recre- ty on said contract, which price to ation and Properties. hereby authorized to apply said be paid therefor has been agreed Whereas, this ordinance consti- funds to City recreation programs, tutes an emergency measure pro- upon in writing and signed by the and to enter into contracts with the viding for the usual daily operation Director of Parks, Recreation and Cleveland Muny Football Associa- of a municipal department; now, Properties and the Contractor. This tion and other agencies or organi- therefore, alteration will cause an increase in zations to implement said programs. Be it ordained by the Council of the amount of the original contract Section 5. That this ordinance is the City of Cleveland: in the sum of $23,030.00, to be paid hereby declared to be an emergency Section 1. That the Director of from Fund No. 65 SF 003. measure and, provided it receives Parks, Recreation and Properties is Section 2. That this ordinance is the affirmative vote of two-thirds of hereby authorized and directed to hereby declared to be an emergency all the members elected to Council, it shall take effect and be in force make the following alterations and measure and, provided it receives immediately upon its passage and modifications in Contract No. 46525 the affirmative vote of two-thirds of with Singleton Construction Compa- approval by the Mayor; otherwise it all the members elected to Council, ny for the Gateway East Garage shall take effect and be in force pedestrian bridge: it shall take effect and be in force from and after the earliest period immediately upon its passage and allowed by law. 1. Amounts Recommended for Ap- approval by the Mayor; otherwise it Referred to Directors of Parks, proval shall take effect and be in force Recreation and Properties, Finance, A. Footing Elevation Modification from and after the earliest period Law; Committees on Public Parks, (CE-PB01) allowed by law. Property and Recreation, Finance. 1144 June 19, 1996 The City Record 15

Ord. No. 1173-96. By Councilman Lewis (by request). An emergency ordinance authorizing the Director of Public Service to issue a permit to the Ministerial Day Care Association to encroach into the public right-of-way on Superior Avenue with Banners, to be attached to util- ity poles (by separate permit), for the period beginning July 15, 1996 to September 30, 1996, to announce the Grand Opening of The Superior Head Start Academy. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Service is hereby authorized to issue a permit, revocable at the will of Council to the Ministerial Day Care Association, 12025 Shaker Boulevard, Cleveland, Ohio, its successors and assigns, to construct, use and maintain Banners to be attached to fourteen (14) Cleveland Public Power poles (by separate permit), to announce the Grand Opening of The Superior Head Start Academy. Said Banners, which may be assigned with prior consent of the Director of Public Service, will encroach into the public right-of-way of both the northerly and southerly sides of Superior Avenue between East 68th and East 72nd Streets, for the peri- od beginning July 15, 1996 to September 30, 1996, at the locations more fully described as follows:

SUPERIOR AVE. - SOUTH SIDE, LOCATIONS OF BANNERS & POLE NUMBERS: ADDRESS POLE # & TYPE ATTACHMENT 2nd St Light Pole W. of Giddings KT11-30 - Steel Banner S.E. Corner of Giddings KT11-32 - Steel Banner 2nd St. Light Pole E. of Giddings KT11-33 - Steel Banner 3rd St. Light Pole E. of Giddings KT11-34 - Steel Banner 4th St Light Pole E. of Giddings KT11-35 - Steel Banner S.W. Corner of Giddings KT11-36 - Steel Banner 2nd St. Light Pole E. of Addison ST2-2 - Steel Banner

SUPERIOR AVE. - NORTH SIDE, LOCATIONS OF BANNERS & POLE NUMBERS: ADDRESS POLE # & TYPE ATTACHMENT 2nd St Light Pole W. of Giddings KT11-46 - Steel Banner Opposite, S.E. Corner of Giddings KT11-44 - Steel Banner 2nd St. Light Pole E. of Giddings KT11-43 - Steel Banner 3rd St Light Pole E. of Giddings KT11-42 - Steel Banner 4th St. Light Pole E. of Giddings KT11-41 - Steel Banner N.W. Corner Addison KT11-40 - Steel Banner 2nd St. Light Pole E. of E. 71 St. ST1-2 - Steel Banner

Section 2. That the Banners may be placed in the public right-of-way on Superior Avenue at the locations described in Section 1, and shall be constructed in accordance with plans and specifications approved by the Com- missioner of Engineering and Construction. Section 3. That this ordinance shall not be construed to create rights or grant permission to use or attach any hanging devices to the utility poles described in Section 1. Permission to use or attach hanging devices to the utility poles described in Section 1 must be secured directly from the owners of said utility poles. Section 4. That the permit authorized herein shall be prepared by the Director of Law and shall be issued only when, in the opinion of the Director of Law, the City of Cleveland has been properly indemnified against any and all loss which may result from said permit. Section 5. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Public Service, City Planning Commission, Finance, Law; Committees on Public Ser- vice, City Planning, Finance.

Ord. No. 1174-96. viding for the usual daily operation and recorded in Volume 2478, Page By Councilmen Lewis, Johnson, of a municipal department; now, 589 of Cuyahoga County Records; Rybka and Rokakis (by departmen- therefore, thence Westerly along the Norther- tal request). Be it ordained by the Council of ly line of land so conveyed to Flo- An emergency ordinance autho- the City of Cleveland: rence Howle about 15 feet to the rizing the sale of real property as Section 1. That pursuant to Sec- Southeasterly corner of land con- part of the Land Reutilization Pro- tion 183.021 of the Codified Ordi- veyed to Joseph Marshall by deed gram and located at 1913 East 69 nances of Cleveland, Ohio, 1976, the dated September 27, 1920 and record- Street, rear, to Mattie Mae and Taze Commissioner of Purchases and Sup- ed in Volume 2476, Page 71 of Cuya- Adams. plies is hereby authorized to sell hoga County Records; thence Whereas, the City of Cleveland Permanent Parcel No. 118-09-034, as Northerly, along an Easterly line of has elected to adopt and implement more fully described in Section 2 land so conveyed to Joseph Marshall the procedures under Chapter 5722 below, to Mattie Mae and Taze about 11 feet to angle; thence East- of the Ohio Revised Code to facili- Adams. erly along a Southerly line of land tate reutilization of nonproductive Section 2. That the real property so conveyed to Joseph Marshall 15 lands situated within the City of to be sold pursuant to Section 1 of feet to a Southeasterly corner there- Cleveland; and this Ordinance is more fully of; thence Southerly along a direct Whereas, real property acquired described as follows: line about 11 feet to the place of under the City’s Land Reutilization beginning, be the same more or less, Program is acquired, held, adminis- P.P. No. 118-07-034 but subject to all legal highways. tered and disposed of by the City of Situated in the City of Cleveland, Section 3. That all documents nec- Cleveland through its Department County of Cuyahoga and State of essary to complete the conveyance of Community Development under Ohio, and known as being part of authorized by this ordinance shall the terms of Chapter 5722 of the Original One Hundred Acre Lot No. be executed within six (6) months Ohio Revised Code and Section 338 and bounded and described as of the effective date of this ordi- 183.021 of Codified Ordinances of the follows: nance. If all of the documents are City of Cleveland, 1976; and Beginning at the Northeasterly not executed within six (6) months Whereas, this ordinance consti- corner of land conveyed to Florence of the effective date of this ordi- tutes an emergency measure pro- Howle by deed dated May 24, 1921, nance, or such additional time as 1145 16 The City Record June 19, 1996 may be granted by the Director of extending back between parallel Section 2. That the real property Community Development, this ordi- lines of equal depth 229.35 feet as to be sold pursuant to Section 1 of nance shall be repealed and shall be appears by said plot, be the same this Ordinance is more fully of no further force or effect. more or less, but subject to all legal described as follows: Section 4. That the consideration highways. for the subject parcel shall be estab- Section 3. That all documents nec- P.P. No. 106-08-076 lished by the Board of Control and essary to complete the conveyance Situated in the city of Cleveland, shall be not less than Fair Market authorized by this ordinance shall County of Cuyahoga and State of Value taking into account such be executed within six (6) months Ohio, and known as being part of terms and conditions, restrictions of the effective date of this ordi- Sublot No. 63 in the Holden and and covenants as are deemed nec- nance. If all of the documents are Halle Subdivision of a part of Orig- essary or appropriate. not executed within six (6) months inal One Hundred Acre Lot No. 341, Section 5. That the conveyance of the effective date of this ordi- as shown by the recorded plat of authorized hereby shall be made by nance, or such additional time as said Subdivision in Volume 7 of official deed prepared by the Direc- may be granted by the Director of Maps, Page 14 of Cuyahoga County tor of Law and executed by the Community Development, this ordi- Records, and bounded and described Mayor on behalf of the City of nance shall be repealed and shall be as follows: Cleveland. The deed shall contain of no further force or effect. Beginning at the intersection of such provisions as may be neces- Section 4. That the consideration the Northerly line of Lawnview sary to protect and benefit the pub- for the subject parcel shall be estab- Avenue, N.E., and the Easterly line lic interest. lished by the Board of Control and of East 67th Street; thence Easterly, Section 6. That this ordinance is shall be not less than Fair Market along the Northerly line of Lawn- hereby declared to be an emergency Value taking into account such view Avenue, N.E., 24-50/100 feet; measure and, provided it receives terms and conditions, restrictions thence Northerly parallel with the the affirmative vote of two-thirds of and covenants as are deemed nec- Easterly line of East 67th Street, all the members elected to Council, essary or appropriate. 129-06/100 feet to the Northerly line it shall take effect and be in force Section 5. That the conveyance of said Sublot No. 63; thence West- immediately upon its passage and authorized hereby shall be made by erly along the Northerly line of said approval by the Mayor; otherwise it official deed prepared by the Direc- Sublot, 24-50/100 feet to the Easter- shall take effect and be in force tor of Law and executed by the ly line of East 67 Street and thence from and after the earliest period Mayor on behalf of the City of Southerly along the Easterly line of allowed by law. Cleveland. The deed shall contain East 67 Street, 129-08/100 feet to the Referred to Directors of Commu- such provisions as may be neces- place of beginning, according to the nity Development, City Planning, sary to protect and benefit the pub- survey of the Wm. H. Evers Engi- Finance, Law; Committees on Com- lic interest. neering Company, April, 1921, be the munity and Economic Development, Section 6. That this ordinance is same more or less, but subject to all City Planning, Finance. hereby declared to be an emergency legal highways. measure and, provided it receives Subject to Zoning Ordinances, if Ord. No. 1175-96. the affirmative vote of two-thirds of any. By Councilmen Lewis, Johnson, all the members elected to Council, Section 3. That all documents nec- Rybka and Rokakis (by departmen- it shall take effect and be in force essary to complete the conveyance tal request). immediately upon its passage and authorized by this ordinance shall An emergency ordinance autho- approval by the Mayor; otherwise it be executed within six (6) months rizing the sale of real property as shall take effect and be in force of the effective date of this ordi- part of the Land Reutilization Pro- from and after the earliest period nance. If all of the documents are gram and located at 5710 Hough allowed by law. not executed within six (6) months Avenue to The Salvation Army. Referred to Directors of Commu- of the effective date of this ordi- Whereas, the City of Cleveland nity Development, City Planning, nance, or such additional time as has elected to adopt and implement Finance, Law; Committees on Com- may be granted by the Director of the procedures under Chapter 5722 munity and Economic Development, Community Development, this ordi- of the Ohio Revised Code to facili- City Planning, Finance. nance shall be repealed and shall be tate reutilization of nonproductive of no further force or effect. lands situated within the City of Ord. No. 1176-96. Section 4. That the consideration Cleveland; and By Councilmen Lewis, Johnson, for the subject parcel shall be estab- Whereas, real property acquired Rybka and Rokakis (by departmen- lished by the Board of Control and under the City’s Land Reutilization tal request). shall be not less than Fair Market Program is acquired, held, adminis- An emergency ordinance autho- Value taking into account such tered and disposed of by the City of rizing the sale of real property as terms and conditions, restrictions Cleveland through its Department part of the Land Reutilization Pro- and covenants as are deemed nec- of Community Development under gram and located at 6615 Lawnview essary or appropriate. the terms of Chapter 5722 of the Avenue to Marvin D. and Carol L. Section 5. That the conveyance Ohio Revised Code and Section Evans. authorized hereby shall be made by 183.021 of Codified Ordinances of the Whereas, the City of Cleveland official deed prepared by the Direc- City of Cleveland, 1976; and has elected to adopt and implement tor of Law and executed by the Whereas, this ordinance consti- the procedures under Chapter 5722 Mayor on behalf of the City of tutes an emergency measure pro- of the Ohio Revised Code to facili- Cleveland. The deed shall contain viding for the usual daily operation tate reutilization of nonproductive such provisions as may be neces- of a municipal department; now, lands situated within the City of sary to protect and benefit the pub- therefore, Cleveland; and lic interest. Be it ordained by the Council of Whereas, real property acquired Section 6. That this ordinance is the City of Cleveland: under the City’s Land Reutilization hereby declared to be an emergency Section 1. That pursuant to Sec- Program is acquired, held, adminis- measure and, provided it receives tion 183.021 of the Codified Ordi- tered and disposed of by the City of the affirmative vote of two-thirds of nances of Cleveland, Ohio, 1976, the Cleveland through its Department all the members elected to Council, Commissioner of Purchases and Sup- of Community Development under it shall take effect and be in force plies is hereby authorized to sell the terms of Chapter 5722 of the immediately upon its passage and Permanent Parcel No. 118-01-003, as Ohio Revised Code and Section approval by the Mayor; otherwise it more fully described in Section 2 183.021 of Codified Ordinances of the shall take effect and be in force below, to The Salvation Army. City of Cleveland, 1976; and from and after the earliest period Section 2. That the real property Whereas, this ordinance consti- allowed by law. to be sold pursuant to Section 1 of tutes an emergency measure pro- Referred to Directors of Commu- this Ordinance is more fully viding for the usual daily operation nity Development, City Planning, described as follows: of a municipal department; now, Finance, Law; Committees on Com- therefore, munity and Economic Development, P.P. No. 118-01-003 Be it ordained by the Council of City Planning, Finance. Situated in the City of Cleveland, the City of Cleveland: County of Cuyahoga and State of Section 1. That pursuant to Sec- Ord. No. 1177-96. Ohio, and known as being Sublot No. tion 183.021 of the Codified Ordi- By Councilmen Lewis, Johnson, 4 in George E. Dascomb Subdivision, nances of Cleveland, Ohio, 1976, the Rybka and Rokakis (by departmen- of part of Original 100 Acre Lot No. Commissioner of Purchases and Sup- tal request). 337, as shown by the recorded plat plies is hereby authorized to sell An emergency ordinance autho- in Volume 3 of Maps, Page 56 of Permanent Parcel No. 106-08-076, as rizing the sale of real property as Cuyahoga County Records, and more fully described in Section 2 part of the Land Reutilization Pro- being 50 feet front on the Souther- below, to Marvin D. and Carol L. gram and located at 7209 Linwood ly side of Hough Avenue, N.E. and Evans. Avenue to Frank Kemp. 1146 June 19, 1996 The City Record 17

Whereas, the City of Cleveland Mayor on behalf of the City of ner thereof; thence Easterly 40.00 has elected to adopt and implement Cleveland. The deed shall contain feet at right angles with said West- the procedures under Chapter 5722 such provisions as may be neces- erly line of Sublot No. 33 to the of the Ohio Revised Code to facili- sary to protect and benefit the pub- place of beginning according to a tate reutilization of nonproductive lic interest. survey by Robert P. Krause, Sr., lands situated within the City of Section 6. That this ordinance is Registered Ohio Surveyor No. 2885, Cleveland; and hereby declared to be an emergency May 25th, 1957, be the same more or Whereas, real property acquired measure and, provided it receives less, but subject to all legal high- under the City’s Land Reutilization the affirmative vote of two-thirds of ways. Program is acquired, held, adminis- all the members elected to Council, Right of Way Easement and tered and disposed of by the City of it shall take effect and be in force Sewer and Utility Easement, record- Cleveland through its Department immediately upon its passage and ed in Volume 12510, Page 273 of of Community Development under approval by the Mayor; otherwise it Cuyahoga County Records. For con- the terms of Chapter 5722 of the shall take effect and be in force ditions, see record. Ohio Revised Code and Section from and after the earliest period Subject to Zoning Ordinances, if 183.021 of Codified Ordinances of the allowed by law. any. City of Cleveland, 1976; and Referred to Directors of Commu- Section 3. That all documents nec- Whereas, this ordinance consti- nity Development, City Planning, essary to complete the conveyance tutes an emergency measure pro- Finance, Law; Committees on Com- authorized by this ordinance shall viding for the usual daily operation munity and Economic Development, be executed within six (6) months of a municipal department; now, City Planning, Finance. of the effective date of this ordi- therefore, nance. If all of the documents are Be it ordained by the Council of Ord. No. 1178-96. not executed within six (6) months the City of Cleveland: By Councilmen Lewis, Johnson, of the effective date of this ordi- Section 1. That pursuant to Sec- Rybka and Rokakis (by departmen- nance, or such additional time as tion 183.021 of the Codified Ordi- tal request). may be granted by the Director of nances of Cleveland, Ohio, 1976, the An emergency ordinance autho- Community Development, this ordi- Commissioner of Purchases and Sup- rizing the sale of real property as nance shall be repealed and shall be plies is hereby authorized to sell part of the Land Reutilization Pro- of no further force or effect. Permanent Parcel No. 106-10-122, as gram and located at 5713 Luther Section 4. That the consideration more fully described in Section 2 Avenue toHenryand Bertha Crow- for the subject parcel shall be estab- below, to Frank Kemp. ell. lished by the Board of Control and Section 2. That the real property Whereas, the City of Cleveland shall be not less than Fair Market to be sold pursuant to Section 1 of has elected to adopt and implement Value taking into account such this Ordinance is more fully the procedures under Chapter 5722 terms and conditions, restrictions described as follows: of the Ohio Revised Code to facili- and covenants as are deemed nec- tate reutilization of nonproductive essary or appropriate. P.P. No. 106-10-122 lands situated within the City of Section 5. That the conveyance Situated in the City of Cleveland, Cleveland; and authorized hereby shall be made by County of Cuyahoga and State of Whereas, real property acquired official deed prepared by the Direc- Ohio and known as being part of under the City’s Land Reutilization tor of Law and executed by the Original 100 Acre Lot No. 342, and Program is acquired, held, adminis- Mayor on behalf of the City of bounded and described as follows: tered and disposed of by the City of Cleveland. The deed shall contain Beginning on the Northerly line of Cleveland through its Department such provisions as may be neces- Linwood Avenue N.E., at a point 267 of Community Development under sary to protect and benefit the pub- feet Easterly, measured along said the terms of Chapter 5722 of the lic interest. Northerly line, from its intersection Ohio Revised Code and Section Section 6. That this ordinance is with the Easterly line of East 71st 183.021 of Codified Ordinances of the hereby declared to be an emergency Street, (formerly Giddings Avenue); City of Cleveland, 1976; and thence Easterly along the Northerly Whereas, this ordinance consti- measure and, provided it receives line of Linwood Avenue, N.E. 40 tutes an emergency measure pro- the affirmative vote of two-thirds of all the members elected to Council, feet; thence Northerly, parallel with viding for the usual daily operation the Easterly line of East 71st Street, of a municipal department; now, it shall take effect and be in force 150.70 feet to the Southerly line of therefore, immediately upon its passage and Simpson & Goake’s Subdivision, as Be it ordained by the Council of approval by the Mayor; otherwise it shown by the recorded plat in Vol- the City of Cleveland: shall take effect and be in force ume 18 of Maps, Page 23 of Cuya- Section 1. That pursuant to Sec- from and after the earliest period hoga County Records; thence West- tion 183.021 of the Codified Ordi- allowed by law. erly along the Southerly line of nances of Cleveland, Ohio, 1976, the Referred to Directors of Commu- Simpson and Goake’s Subdivision, 40 Commissioner of Purchases and Sup- nity Development, City Planning, feet; thence Southerly parallel with plies is hereby authorized to sell Finance, Law; Committees on Com- the Easterly line of East 71st Street, Permanent Parcel No. 104-16-113, as munity and Economic Development, 150.80 feet to the place of beginning, more fully described in Section 2 City Planning, Finance. and being further known as part of below, to Henry and Bertha Crow- Sublot No. 32 and 33 in Thomas H. ell. Ord. No. 1179-96. White’s proposed Subdivision, be the Section 2. That the real property By Councilmen Lewis, Johnson, same more or less, but subject to all to be sold pursuant to Section 1 of Rybka and Rokakis (by departmen- legal highways. this Ordinance is more fully tal request). Subject to zoning ordinances, if described as follows: An emergency ordinance autho- any. rizing the sale of real property as Section 3. That all documents nec- P. P. No. 104-16-113 part of the Land Reutilization Pro- essary to complete the conveyance Situated in the City of Cleveland, gram and located at 10010 Newton authorized by this ordinance shall County of Cuyahoga and State of Avenue to Felton and Jackie Pitts. be executed within six (6) months Ohio and known as being part of Whereas, the City of Cleveland of the effective date of this ordi- Sublot No. 33 in John Kelley’s Sub- has elected to adopt and implement nance. If all of the documents are division of part of Original East the procedures under Chapter 5722 not executed within six (6) months Cleveland Township Lot No. 343, as of the Ohio Revised Code to facili- of the effective date of this ordi- shown by the recorded plat in Vol- tate reutilization of nonproductive nance, or such additional time as ume 12 of Maps, on Page 47 of Cuya- lands situated within the City of may be granted by the Director of hoga County Records and bounded Cleveland; and Community Development, this ordi- and described as follows: Beginning Whereas, real property acquired nance shall be repealed and shall be at a point in the Easterly line of under the City’s Land Reutilization of no further force or effect. said Sublot No. 33 distant 95.00 feet Program is acquired, held, adminis- Section 4. That the consideration Northerly therein from the South- tered and disposed of by the City of for the subject parcel shall be estab- easterly corner thereof; thence Cleveland through its Department lished by the Board of Control and Northerly 71.28 feet along said East- of Community Development under shall be not less than Fair Market erly line of Sublot No. 33 to the the terms of Chapter 5722 of the Value taking into account such Northeasterly corner of thereof; Ohio Revised Code and Section terms and conditions, restrictions thence Westerly 40.00 feet along the 183.021 of Codified Ordinances of the and covenants as are deemed nec- Northerly line of said Sublot No. 33 City of Cleveland, 1976; and essary or appropriate. to the Northwesterly corner thereof; Whereas, this ordinance consti- Section 5. That the conveyance thence Southerly, 71.34 feet along tutes an emergency measure pro- authorized hereby shall be made by the Westerly line of Sublot No. 33 to viding for the usual daily operation official deed prepared by the Direc- a point distant 95.00 feet Northerly of a municipal department; now, tor of Law and executed by the therein from the Southwesterly cor- therefore, 1147 18 The City Record June 19, 1996

Be it ordained by the Council of of the Ohio Revised Code to facili- and covenants as are deemed nec- the City of Cleveland: tate reutilization of nonproductive essary or appropriate. Section 1. That pursuant to Sec- lands situated within the City of Section 5. That the conveyance tion 183.021 of the Codified Ordi- Cleveland; and authorized hereby shall be made by nances of Cleveland, Ohio, 1976, the Whereas, real property acquired official deed prepared by the Direc- Commissioner of Purchases and Sup- under the City’s Land Reutilization tor of Law and executed by the plies is hereby authorized to sell Program is acquired, held, adminis- Mayor on behalf of the City of Permanent Parcel No. 119-11-034, as tered and disposed of by the City of Cleveland. The deed shall contain more fully described in Section 2 Cleveland through its Department such provisions as may be neces- below, to Felton and Jackie Pitts. of Community Development under sary to protect and benefit the pub- Section 2. That the real property the terms of Chapter 5722 of the lic interest. to be sold pursuant to Section 1 of Ohio Revised Code and Section Section 6. That this ordinance is this Ordinance is more fully 183.021 of Codified Ordinances of the hereby declared to be an emergency described as follows: City of Cleveland, 1976; and measure and, provided it receives Whereas, this ordinance consti- the affirmative vote of two-thirds of P.P. No. 119-11-034 tutes an emergency measure pro- all the members elected to Council, Situated in the City of Cleveland, viding for the usual daily operation it shall take effect and be in force County of Cuyahoga and State of of a municipal department; now, immediately upon its passage and Ohio and known as being the East- therefore, approval by the Mayor; otherwise it erly 31 feet of Sublot No. 20 and the Be it ordained by the Council of shall take effect and be in force Westerly 3 feet of Sublot No. 21 in the City of Cleveland: from and after the earliest period The Logan Company’s Subdivision Section 1. That pursuant to Sec- allowed by law. of part of Original One Hundred tion 183.021 of the Codified Ordi- Referred to Directors of Commu- Acre Lot No. 401, as shown by the nances of Cleveland, Ohio, 1976, the nity Development, City Planning, recorded plat in Volume 40 of Maps, Commissioner of Purchases and Sup- Finance, Law; Committees on Com- Page 20 of Cuyahoga County plies is hereby authorized to sell munity and Economic Development, Records, and together forming a Permanent Parcel No. 107-09-013, as City Planning, Finance. parcel of land 34 feet front on the more fully described in Section 2 Southerly side of Newton Avenue, below, to John Ervin and Mary Ord. No. 1181-96. N.E., and extending back about 45.95 Byrd. By Councilmen Lewis, Johnson, feet on the Easterly line, about 46.35 Section 2. That the real property Rybka and Rokakis (by departmen- feet on the Westerly line and hav- to be sold pursuant to Section 1 of tal request). ing a rear line of 34 feet, as appears this Ordinance is more fully An emergency ordinance autho- by said plat, be the same more or described as follows: rizing the sale of real property as less, but subject to all legal high- part of the Land Reutilization Pro- ways. P.P. No. 107-09-013 gram and located at 8513 and 8409 Section 3. That all documents nec- Situated in the City of Cleveland, Sowinski Avenue to Fred L. Taylor. essary to complete the conveyance County of Cuyahoga and State of Whereas, the City of Cleveland authorized by this ordinance shall Ohio, and known as being parts of has elected to adopt and implement be executed within six (6) months Sublots Nos. 17, 18, and 19 in the the procedures under Chapter 5722 of the effective date of this ordi- Posen Subdivision of part of Origi- of the Ohio Revised Code to facili- nance. If all of the documents are nal One Hundred Acre Lots Nos. 375 tate reutilization of nonproductive not executed within six (6) months and Resubdivision of Sublots Nos. 1, lands situated within the City of of the effective date of this ordi- 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, Cleveland; and nance, or such additional time as 15, 16, and 17 in the Oak Grove Sub- Whereas, real property acquired may be granted by the Director of division of part of Original One under the City’s Land Reutilization Community Development, this ordi- Hundred Acre Lot No. 376 as shown Program is acquired, held, adminis- nance shall be repealed and shall be by the recorded plat of said Subdi- tered and disposed of by the City of of no further force or effect. vision and Re-Subdivision in Volume Section 4. That the consideration 20 of Maps, Page 29 of Cuyahoga Cleveland through its Department for the subject parcel shall be estab- County Records, and bounded and of Community Development under the terms of Chapter 5722 of the lished by the Board of Control and described as follows: Beginning at shall be not less than Fair Market a point in the Southerly line of Orig- Ohio Revised Code and Section Value taking into account such inal Lot No. 375 at a point 271.58 183.021 of Codified Ordinances of the terms and conditions, restrictions feet Westerly from the Easterly line City of Cleveland, 1976; and and covenants as are deemed nec- of said Original Lot No. 375; thence Whereas, this ordinance consti- essary or appropriate. Westerly along the Southerly line of tutes an emergency measure pro- Section 5. That the conveyance Original Lot No. 375, 81.18 feet to the viding for the usual daily operation authorized hereby shall be made by Southwest corner of Sublot No. 19; of a municipal department; now, official deed prepared by the Direc- thence Northerly along the Wester- therefore, tor of Law and executed by the ly line, 35 feet; thence Easterly par- Be it ordained by the Council of Mayor on behalf of the City of allel with the Southerly line of Orig- the City of Cleveland: Cleveland. The deed shall contain inal Lot No. 375 to a street called Section 1. That pursuant to Sec- such provisions as may be neces- East 85th Street (formerly Belrose tion 183.021 of the Codified Ordi- sary to protect and benefit the pub- Street); thence Southerly along the nances of Cleveland, Ohio, 1976, the lic interest. Westerly line of said East 85th Commissioner of Purchases and Sup- Section 6. That this ordinance is Street, 35 feet to the place of begin- plies is hereby authorized to sell hereby declared to be an emergency ning, and being further known as Permanent Parcel Nos. 107-06-096 measure and, provided it receives Sublot No. 23 and the Southerly 5 and 107-06-097, more fully described the affirmative vote of two-thirds of feet of Sublot No. 24 in The Cleve- in Section 2 below, to Fred L. Tay- all the members elected to Council, land Land Company’s Proposed New lor. it shall take effect and be in force Superior Allotment, be the same Section 2. That the real property immediately upon its passage and more or less, but subject to all legal to be sold pursuant to Section 1 of approval by the Mayor; otherwise it highways. this Ordinance is more fully shall take effect and be in force Subject to Zoning Ordinances, if described as follows: from and after the earliest period any. allowed by law. Section 3. That all documents nec- P.P. No. 107-06-096 Referred to Directors of Commu- essary to complete the conveyance Situated in the City of Cleveland, nity Development, City Planning, authorized by this ordinance shall County of Cuyahoga and State of Finance, Law; Committees on Com- be executed within six (6) months Ohio and known as being Sublot No. munity and Economic Development, of the effective date of this ordi- 186 in Jos. Hoffman’s Posen Subdi- City Planning, Finance. nance. If all of the documents are vision of part of Original One Hun- not executed within six (6) months dred Acre Lots Nos. 375 and 376, as Ord. No. 1180-96. of the effective date of this ordi- shown by the recorded plat in Vol- By Councilmen Lewis, Johnson, nance, or such additional time as ume 20 of Maps, Page 29 of Cuya- Rybka and Rokakis (by departmen- may be granted by the Director of hoga County Records and being 30 tal request). Community Development, this ordi- feet front on the Northerly side of An emergency ordinance autho- nance shall be repealed and shall be Sowinski Avenue, N.E. (formerly rizing the sale of real property as of no further force or effect. Sowinski Street) and extending part of the Land Reutilization Pro- Section 4. That the consideration back of equal width 100 feet, as gram and located at 1178 East 85 for the subject parcel shall be estab- appears by said plat, be the same Street to John Ervin and Mary Byrd. lished by the Board of Control and more or less, but subject to all legal Whereas, the City of Cleveland shall be not less than Fair Market highways. has elected to adopt and implement Value taking into account such Subject to Zoning Ordinances, if the procedures under Chapter 5722 terms and conditions, restrictions any. 1148 June 19, 1996 The City Record 19

P.P. No. 107-06-097 tutes an emergency measure pro- shall take effect and be in force Situated in the City of Cleveland, viding for the usual daily operation from and after the earliest period County of Cuyahoga and State of of a municipal department; now, allowed by law. Ohio and known as being Sublot No. therefore, Referred to Directors of Commu- 185 in Joseph Hoffman’s Posen Sub- Be it ordained by the Council of nity Development, City Planning, division of part of Original One the City of Cleveland: Finance, Law; Committees on Com- Hundred Acre Lots Nos. 375 and 376, Section 1. That pursuant to Sec- munity and Economic Development, as shown by the recorded plat of tion 183.021 of the Codified Ordi- City Planning, Finance. said Subdivision in Volume 20 of nances of Cleveland, Ohio, 1976, the Maps, Page 29 of Cuyahoga County Commissioner of Purchases and Sup- Ord. No. 1183-96. Records. Said Sublot No. 185 has a plies is hereby authorized to sell By Councilmen McGuirk, Jackson frontage of 30 feet on the Northerly Permanent Parcel No. 106-04-039, as and Rokakis (by departmental side of Sowinski Avenue, N.E., (for- more fully described in Section 2 request). merly Sowinski Street), and extends below, to Frances Mae Butler and An emergency ordinance autho- back between parallel lines 100 feet, Bernice Miles. rizing the Director of Community as appears by said plat, be the same Section 2. That the real property Development to enter into a lease more or less, but subject to all legal to be sold pursuant to Section 1 of with Kamm’s Development Corpora- highways. this Ordinance is more fully tion for the parking lot located on Subject to Zoning Ordinances, if described as follows: Albers Avenue. any. Whereas, this ordinance consti- Section 3. That all documents nec- P.P. No. 106-04-039 tutes an emergency measure pro- essary to complete the conveyance Situated in the City of Cleveland, viding for the usual daily operation authorized by this ordinance shall County of Cuyahoga and State of of a municipal department; now, be executed within six (6) months Ohio and known as being part of therefore, of the effective date of this ordi- Sublot No. 8 in Geo. Sell’s Subdivi- Be it ordained by the Council of nance. If all of the documents are sion of part of Original 100 Acre Lot the City of Cleveland: not executed within six (6) months No. 345, as shown by the recorded Section 1. That notwithstanding of the effective date of this ordi- plat in Volume 14 of Maps, Page 26 and as an exception to the provi- nance, or such additional time as of Cuyahoga County Records and sions of Chapters 181 and 183 of the may be granted by the Director of bounded and described as follows: Codified Ordinances of Cleveland, Community Development, this ordi- Beginning on the Southerly line of Ohio, 1976, the Director of Commu- nance shall be repealed and shall be Star Avenue, N.E. (formerly Star nity Development is authorized to of no further force or effect. Avenue) at the Northeasterly corner enter into a lease with Kamm’s Section 4. That the consideration of said Sublot No. 8; thence Wester- Development Corporation for the for the subject parcel shall be estab- ly along said Southerly line of Star parking lot located on the north lished by the Board of Control and Avenue, N.E., 33 and 96/100 feet to side of Albers Avenue, between shall be not less than Fair Market the Northeasterly corner of land con- Rocky River Drive and West 168th Value taking into account such veyed by George Sell and Sarah E. Street, Permanent Parcel Nos. 025-25- terms and conditions, restrictions Sell (husband and wife) to Frank L. 031 through 025-25-040, for a term of and covenants as are deemed nec- Merkel and Helena E. Merkel by five (5) years, renewable at the essary or appropriate. deed dated August 1, 1888, and City’s of Cleveland’s discretion. Section 5. That the conveyance recorded in Volume 437, Page 106 of Section 2. That all lands leased authorized hereby shall be made by Cuyahoga County Records; thence pursuant to this ordinance shall be official deed prepared by the Direc- Southerly along the Easterly line of leased at fair market value as deter- tor of Law and executed by the land so conveyed to said Frank L. mined by the Board of Control. Mayor on behalf of the City of Merkel and Helena E. Merkel, 122 Section 3. That the lease shall be Cleveland. The deed shall contain and 44/100 feet to the Southerly line prepared by the Director of Law and such provisions as may be neces- of said Sublot No. 8; thence Easter- shall contain such other terms as sary to protect and benefit the pub- ly along said Southerly line of Sub- shall protect the interests of the lic interest. lot No. 8, 46 and 93/100 feet to the City of Cleveland and shall be exe- Section 6. That this ordinance is Southeasterly corner of said Sublot cuted by the Director of Community hereby declared to be an emergency No. 8; thence Northerly along the Development on behalf of the City measure and, provided it receives Easterly line of Sublot No. 8; 124 of Cleveland. the affirmative vote of two-thirds of and 80/100 feet to the place of Section 4. That this ordinance is all the members elected to Council, beginning. hereby declared to be an emergency it shall take effect and be in force Also subject to zoning ordinances, measure and, provided it receives immediately upon its passage and if any. the affirmative vote of two-thirds of approval by the Mayor; otherwise it Section 3. That all documents nec- all the members elected to Council, shall take effect and be in force essary to complete the conveyance it shall take effect and be in force from and after the earliest period authorized by this ordinance shall immediately upon its passage and allowed by law. be executed within six (6) months approval by the Mayor; otherwise it Referred to Directors of Commu- of the effective date of this ordi- shall take effect and be in force nity Development, City Planning, nance. If all of the documents are from and after the earliest period Finance, Law; Committees on Com- not executed within six (6) months allowed by law. munity and Economic Development, of the effective date of this ordi- Referred to Directors of Commu- City Planning, Finance. nance, or such additional time as nity Development, Finance, Law; may be granted by the Director of Committees on Community and Eco- Ord. No. 1182-96. Community Development, this ordi- nomic Development, Finance. By Councilmen Lewis, Johnson, nance shall be repealed and shall be Rybka and Rokakis (by departmen- of no further force or effect. Ord. No. 1184-96. tal request). Section 4. That the consideration By Councilmen McGuirk, Jackson, An emergency ordinance autho- for the subject parcel shall be estab- Rybka and Rokakis (by departmen- rizing the sale of real property as lished by the Board of Control and tal request). part of the Land Reutilization Pro- shall be not less than Fair Market An emergency ordinance autho- gram and located at 7432 Star Value taking into account such rizing the Commissioner of Pur- Avenue to Frances Mae Butler and terms and conditions, restrictions chases and Supplies to purchase a Bernice Miles. and covenants as are deemed nec- site for housing and/or economic Whereas, the City of Cleveland essary or appropriate. opportunities within Ward 5 at 6110 has elected to adopt and implement Section 5. That the conveyance Kinsman Avenue, for the Division the procedures under Chapter 5722 authorized hereby shall be made by of Neighborhood Development, of the Ohio Revised Code to facili- official deed prepared by the Direc- Department of Community Develop- tate reutilization of nonproductive tor of Law and executed by the ment. lands situated within the City of Mayor on behalf of the City of Whereas, this ordinance consti- Cleveland; and Cleveland. The deed shall contain tutes an emergency measure pro- Whereas, real property acquired such provisions as may be neces- viding for the usual daily operation under the City’s Land Reutilization sary to protect and benefit the pub- of a municipal department; now, Program is acquired, held, adminis- lic interest. therefore, tered and disposed of by the City of Section 6. That this ordinance is Be it ordained by the Council of Cleveland through its Department hereby declared to be an emergency the City of Cleveland: of Community Development under measure and, provided it receives Section 1. That notwithstanding the terms of Chapter 5722 of the the affirmative vote of two-thirds of and as an exception to the provi- Ohio Revised Code and Section all the members elected to Council, sions of Chapter 181 and 183 of the 183.021 of Codified Ordinances of the it shall take effect and be in force Codified Ordinances of Cleveland, City of Cleveland, 1976; and immediately upon its passage and Ohio, 1976, the Commissioner of Pur- Whereas, this ordinance consti- approval by the Mayor; otherwise it chases and Supplies is hereby autho- 1149 20 The City Record June 19, 1996 rized to purchase the following of a municipal department; now, order of the Commissioner of Pur- described property for the purpose therefore, chases and Supplies pursuant to a of developing housing and/or eco- Be it ordained by the Council of requisition against such contract nomic opportunities within Ward 5: the City of Cleveland: duly certified by the Director of Section 1. That, pursuant to Sec- Finance. (RL 22104) WOOLDRIDGE SCHOOL tion 167 of the Charter of the City Section 3. That this ordinance is 6110 KINSMAN of Cleveland, it is hereby deter- hereby declared to be an emergency PERMANENT PARCEL NO.: 124-20-029 mined to make the public improve- measure and, provided it receives Situated in the City of Cleveland, ment of replacing the Edgewater the affirmative vote of two-thirds of County of Cuyahoga and State of pump station, for the Division of all the members elected to Council, Ohio and known as being Sublot Water Pollution Control, Depart- it shall take effect and be in force Nos. 24, 25, 26, 27, 28 and 29 in the ment of Public Utilities, by contract immediately upon its passage and F.J. Chapple Subdivision of part of duly let to the lowest responsible approval by the Mayor; otherwise it Original One Hundred Acre Lot No. bidder after competitive bidding shall take effect and be in force 328 as shown by the recorded Plat upon a unit basis for the improve- from and after the earliest period in Volume 19 of Maps, Page 30 of ment. allowed by law. Cuyahoga County Records and part Section 2. That the Director of Referred to Directors of Public of Original One Hundred Acre Lot Public Utilities is hereby authorized Utilities, Finance, Law; Committees No. 328, bounded and described as and directed to enter into contract on Public Utilities, Finance. follows: for the making of the above public Beginning a the intersection of improvement with the lowest Ord. No. 1187-96. the Westerly line of Kinsman Road, responsible bidder after competitive By Councilmen Patton and (66 feet wide) with the Northerly bidding upon a unit basis for the Rokakis (by departmental request). line of Grand Avenue, (44 feet improvement, provided, however, An emergency ordinance autho- wide); that each separate trade and each rizing and directing the Director of Thence Southwesterly along the distinct component part of said Public Utilities to enter into con- Northerly line of Grand Avenue improvement may be treated as a tract with Ohio Power Company for about 347.35 feet to the Southerly separate improvement, and each, or professional services and associated corner of Sublot No. 24 in the F.J. any combination, of such trades or equipment and materials to provide Chapple Subdivision as foresaid; components may be the subject of a engineering, analyses, and other Thence Northerly along the West- separate contract upon a unit basis. services as needed, for the Division erly line of said Sublot No. 24 and Section 3. That the cost of said of Cleveland Public Power, Depart- its prolongation, 250 feet to a point improvement hereby authorized ment of Public Utilities. in a parcel of land conveyed to shall be paid from Fund No. 54 SF Whereas, this ordinance consti- Michael Wooldridge and others by 001, Request No. 11014. tutes an emergency measure pro- deed dated March 11, 1853 and Section 4. That this ordinance is viding for the usual daily operation recorded in Volume 61, Page 376 of hereby declared to be an emergency of a municipal department; now, Cuyahoga County Records; measure and, provided it receives therefore, Thence Easterly along the the affirmative vote of two-thirds of Be it ordained by the Council of Northerly line of land so conveyed all the members elected to Council, the City of Cleveland: to Michael Wooldridge and others it shall take effect and be in force Section 1. That the Director of 322 feet to the Westerly line of immediately upon its passage and Public Utilities is hereby authorized Kinsman Road, (66 feet wide); approval by the Mayor; otherwise it and directed to enter into contract Thence Southeasterly along the shall take effect and be in force with Ohio Power Company for pro- Westerly side of Kinsman Road from and after the earliest period fessional services and associated about 257.04 feet to the place of allowed by law. equipment and materials necessary beginning, be the same more or less, Referred to Directors of Public to provide engineering, analyses, but subject to all legal highways. Utilities, Finance, Law; Committees testing, maintenance, training, ser- Section 2. That the Director of on Public Utilities, Finance. vice restoration and other services Community Development is hereby as needed for a period of two (2) authorized to execute on behalf of Ord. No. 1186-96. years, on the basis of its proposal the City of Cleveland all necessary By Councilmen Patton and dated May 31, 1996, except for such documents to acquire such property Rokakis (by departmental request). provisions as are not acceptable to and to employ and pay all fees for An emergency ordinance autho- the Directors of Public Utilities and title companies, surveys, escrows, rizing and directing the Director of Law, for the Division of Cleveland appraisers, environmental audits, Public Utilities to enter into con- Public Power, Department of Public and all other costs necessary for the tract with Ohio Power Company for Utilities. acquisition of such property. professional services and associated Section 2. That the cost of said Section 3. That the consideration equipment and materials to provide contract shall be charged against to be paid for such property shall engineering, analyses, and other the proper appropriation account not exceed its fair market value. services as needed, for the Division and the Director of Finance shall Section 4. That all costs of acqui- of Cleveland Public Power, Depart- certify thereon the amount of the sition of land shall be paid from ment of Public Utilities. initial purchase thereunder, which Fund No. 14 SF 021, Request No. Whereas, this ordinance consti- purchase, together with all subse- 23053. tutes an emergency measure pro- quent purchases, shall be made on Section 5. That this ordinance is viding for the usual daily operation order of the Commissioner of Pur- hereby declared to be an emergency of a municipal department; now, chases and Supplies pursuant to a measure and, provided it receives therefore, requisition against such contract the affirmative vote of two-thirds of Be it ordained by the Council of duly certified by the Director of all the members elected to Council, the City of Cleveland: Finance. (RL 22104) it shall take effect and be in force Section 1. That the Director of Section 3. That this ordinance is immediately upon its passage and Public Utilities is hereby authorized hereby declared to be an emergency approval by the Mayor; otherwise it and directed to enter into contract measure and, provided it receives shall take effect and be in force with Ohio Power Company for pro- the affirmative vote of two-thirds of from and after the earliest period fessional services and associated all the members elected to Council, allowed by law. equipment and materials necessary it shall take effect and be in force Referred to Directors of Commu- to provide engineering, analyses, immediately upon its passage and nity Development, City Planning, testing, maintenance, training, ser- approval by the Mayor; otherwise it Finance, Law; Committees on Com- vice restoration and other services shall take effect and be in force munity and Economic Development, as needed for a period of two (2) from and after the earliest period City Planning, Finance. years, on the basis of such provi- allowed by law. sions of its proposal dated May 31, Referred to Directors of Public Ord. No. 1185-96. 1996 as are acceptable to the Direc- Utilities, Finance, Law; Committees By Councilmen Patton and tors of Public Utilities and Law, for on Public Utilities, Finance. Rokakis (by departmental request). the Division of Cleveland Public An emergency ordinance deter- Power, Department of Public Utili- Ord. No. 1188-96. mining the method of making the ties. By Councilmen Patton and public improvement of replacing the Section 2. That the cost of said Rokakis (by departmental request). Edgewater pump station, and autho- contract shall be charged against An emergency ordinance to amend rizing the Director of Public Utili- the proper appropriation account Section 11 of Ordinance No. 1071-93, ties to enter into contract for the and the Director of Finance shall passed June 7, 1993, as amended by making of such improvement. certify thereon the amount of the Ordinance No. 2017-94, passed Octo- Whereas, this ordinance consti- initial purchase thereunder, which ber 24, 1994, relating to the desig- tutes an emergency measure pro- purchase, together with all subse- nated funding source. viding for the usual daily operation quent purchases, shall be made on Whereas, this ordinance consti- 1150 June 19, 1996 The City Record 21 tutes an emergency measure pro- authorized and directed to accept Thence Northerly along the East- viding for the usual daily operation collateral as set forth in the Exec- erly line of East 21st Street, 47.5 of a municipal department; now, utive Summary contained in the file feet to the Northwest corner of said therefore, referenced in Section 2 of this ordi- Sublot No. 159; Be it ordained by the Council of nance in order to secure repayment Thence Easterly along the the City of Cleveland: of said loan. Any security instru- Northerly line of said Sublot No. 159, Section 1. That Section 11 of Ordi- ment shall be prepared and 176.0 feet to an alley; nance No. 1071-93, passed June 7, approved by the Director of Law. Thence Southerly along the West- 1993, as amended by Ordinance No. Section 5. That the Director of erly line of said Alley, 40.00 feet; 2017-94, passed October 24, 1994, is Economic Development is hereby Thence Southwesterly 22.23 feet to hereby amended to read as follows: authorized to accept monies in a point in the Southerly line of said repayment of the loan and to Sublot No. 159; Section 11. That the cost of any deposit said monies in Fund No. 17 Thence Westerly along the expenditures authorized by this SF 006. Southerly line of said Sublot No. 159, ordinance for any contract, includ- Section 6. That the Director of 155.08 feet to the place of beginning, ing all public improvements, stan- Economic Development is hereby as appears by said plat, be the same dard purchases, requirement con- authorized to charge and accept more or less, but subject to all legal tracts, acquisition of rights or inter- fees in an amount not to exceed the highways. ests in real property, and profes- maximum allowable under federal Section 2. That by and at the sional services, shall be paid from regulations and expend such fees to direction of the Board of Control, the funds and subfunds to which are cover costs incurred in the prepara- the Commissioner of Purchases and credited the proceeds of bonds and tion of the loan application, closing Supplies is authorized to sell the bond anticipation notes issued pur- and servicing of the loan. Such fees above-described property to Daniel suant to Ordinance Nos. 1133-93 and shall be deposited to and expended R. Gray at a price not less than fair 1003-95, and from the surplus fund from Fund No. 17 SF 305, Loan Fees market value as determined by the and construction fund established Fund. Board of Control. under the trust indenture securing Section 7. That the Director of Section 3. That the conveyance the City’s Public Power System Law is hereby authorized to prepare shall be made by official deed to be Improvement First Mortgage Rev- said contract and such other docu- prepared by the Director of Law and enue Bonds. ments as may be appropriate to executed by the Mayor on behalf of Section 2. That existing Section 11 complete the transaction. the City of Cleveland. The deed of Ordinance No. 1071-93, passed Section 8. That this ordinance is shall contain provisions, requiring June 7, 1993, as amended by Ordi- hereby declared to be an emergency purchaser to redevelop the property nance No. 2017-94, passed October 24, measure and, provided it receives by constructing and maintaining a 1994, is hereby repealed. the affirmative vote of two-thirds of parking lot, and including such Section 3. That this ordinance is all the members elected to Council, restrictive covenants and reversion- hereby declared to be an emergency it shall take effect and be in force ary interests as may be specified by measure and, provided it receives immediately upon its passage and the Board of Control or Director of the affirmative vote of two-thirds of approval by the Mayor; otherwise it Law, protecting the parties as their all the members elected to Council, shall take effect and be in force respective interests require and it shall take effect and be in force from and after the earliest period shall specifically contain a provi- immediately upon its passage and allowed by law. sion against the erection of any approval by the Mayor; otherwise it Referred to Directors of Econom- advertising signs or billboards shall take effect and be in force ic Development, Finance, Law; Com- except permitted identification from and after the earliest period mittees on Community and Econom- signs. allowed by law. ic Development, Finance, Law. Section 4. That this ordinance is Referred to Directors of Public hereby declared to be an emergency Utilities, Finance, Law; Committees Ord. No. 1190-96. measure and, provided it receives on Public Utilities, Finance. By Councilmen Paulenske, John- the affirmative vote of two-thirds of son, Polensek, Rybka and Rokakis all the members elected to Council, Ord. No. 1189-96. (by departmental request). it shall take effect and be in force By Councilmen Paulenske, Jack- An emergency ordinance autho- immediately upon its passage and son and Rokakis (by departmental rizing the Commissioner of Pur- approval by the Mayor; otherwise it request). chases and Supplies to sell City- shall take effect and be in force An emergency ordinance autho- owned property no longer needed from and after the earliest period rizing the Director of Economic for public use located at 1609 East allowed by law. Development to enter into a contract 21st Street to Daniel R. Gray. Referred to Directors of Parks, with Bowman Distribution, or its Whereas, the Directors of Public Recreation and Properties, Public designee, to provide economic devel- Safety and Parks, Recreation and Safety, City Planning, Finance; opment assistance to partially Properties have requested the sale Committees on Public Parks, Prop- finance the acquisition of furniture, of City-owned property no longer erty and Recreation, Public Safety, City Planning, Finance. fixtures and equipment needed to needed for public use and located at relocate and update their corporate 1609 East 21st Street; and Ord. No. 1191-96. headquarters to The Erieview Whereas, this ordinance consti- By Councilmen Paulenske, John- Tower, Cleveland, Ohio 44114. tutes an emergency measure pro- son and Rokakis (by departmental Whereas, this ordinance consti- viding for the usual daily operation request). tutes an emergency measure pro- of a municipal department; now, An emergency ordinance autho- viding for the usual daily operation therefore, rizing and directing the Director of of a municipal department; now, Be it ordained by the Council of Parks, Recreation and Properties to therefore, the City of Cleveland: make alterations and modifications Be it ordained by the Council of Section 1. That notwithstanding in Contract No. 47134, for Gateway the City of Cleveland: and as an exception to the provi- North Garage electrical utility duct Section 1. That the Director of sions of Chapters 181 and 183 of the with Harrington Electric Company, Economic Development is hereby Codified Ordinances of Cleveland, for the Department of Parks, Recre- authorized to enter into a contract Ohio, 1976, it is hereby found and ation and Properties. with Bowman Distribution, or its determined that the following Whereas, this ordinance consti- designee, to provide economic devel- described property is no longer tutes an emergency measure pro- opment assistance to partially needed for public use: viding for the usual daily operation finance the acquisition of furniture, of a municipal department; now, fixtures and equipment needed to 1609 East 21st Street therefore, relocate and update their corporate (vacant land) Be it ordained by the Council of headquarters to the Erieview Permanent Parcel No. 102-25-019 the City of Cleveland: Tower, Cleveland, Ohio 44114. Situated in the City of Cleveland, Section 1. That the Director of Section 2. That the term of said County of Cuyahoga and State of Parks, Recreation and Properties is loan shall be in accordance with the Ohio and known as being Sublot No. hereby authorized and directed to terms as set forth in the Executive 159 in O. H. Payne’s Allotment of make the following alterations and Summary contained in File No. 1189- part of Original Ten Acre Lots Nos. modifications in Contract No. 47134 96-A. 106, 107 and 108, as shown by the with Harrington Electric Company Section 3. That the costs of said recorded plat in Volume 14 of Maps, for the Gateway North Garage elec- contract shall not exceed Five Hun- Page 8 of Cuyahoga County trical utility duct: dred Thousand Dollars ($500,000.00), Records, and bounded and described and shall be paid from Fund No. 17 as follows: 1. Amounts Recommended for Ap- SF 008, Request No. 22271. Beginning on the Easterly side of proval Section 4. That the Director of East 21st Street at the Southwest A. C.P.P. Duct Bank Relocation Economic Development is hereby corner of said Sublot No. 159; (CE-G51) 1151 22 The City Record June 19, 1996

Additional amount of $22,357.21 is term, and cancellable upon thirty viding for the usual daily operation required to provide two (2) under- days’ written notice by said direc- of a municipal department; now, ground conduits from existing tor. therefore, C.P.P. manhole at S.E. corner of site Section 2. That the cost of said Be it ordained by the Council of (E. 4th and Huron) to the existing contract hereby authorized shall be the City of Cleveland: marked manhole on Huron. The paid from Fund No. 01-60-04-0612, Section 1. That the Director of C.P.P. existing line fell within the Request No. 20671. Public Health is hereby authorized new curb location as prescribed by Section 3. That this ordinance is to apply for and accept a grant from the Huron Road Improvement Pro- hereby declared to be an emergency the United States Department of ject. A new duct bank was required measure and, provided it receives Health and Human Services to be to be installed on a temporary basis the affirmative vote of two-thirds of given to the City for purposes of to provide continuous service to the all the members elected to Council, conducting the Healthy Start Initia- garage until such time that the it shall take effect and be in force tive Program (the “Program”) Huron Rd. permanent duct bank immediately upon its passage and beyond its current expiration date was completed. approval by the Mayor; otherwise it of September 30, 1996, in accordance shall take effect and be in force with the application which is on file Total approved without from and after the earliest period with the Council in File No. 1194-96- A; that the Director of Public qualifications $ 22,357.21 allowed by law. Health is hereby authorized to file Balance of contingency Referred to Directors of Public ($11,500.00) all papers and execute all docu- ______Safety, Finance, Law; Committees ments necessary to file said appli- $ 10,857.21 on Public Safety, Finance. cation and to receive the funds under said grant; and that said Original Contract Amount Ord. No. 1193-96. funds are hereby appropriated for $ 77,163.00 By Councilman Rokakis (by the purposes set forth in the appli- Subsidiary Addition departmental request). cation for said grant. ______+ 10,857.21 An emergency ordinance autho- Section 2. That the application on Revised Contract Amount rizing and directing the payment of file for the grant referred to in Sec- $ 88,020.21 membership dues of the City of tion 1 of this ordinance, is made a Cleveland in Build Up Greater part hereof as if fully rewritten which alteration has been recom- Cleveland for the year 1996. herein, is hereby approved in all mended in writing by the said Whereas, this ordinance consti- respects. Director of Parks, Recreation and tutes an emergency measure pro- Section 3. That the Director of Properties, countersigned by the viding for the usual daily operation Public Health is hereby authorized Mayor, and consented to by the sure- of a municipal department; now, to enter into contracts with those ty on said contract, which price to therefore, organizations specified in the appli- be paid therefor has been agreed Be it ordained by the Council of cation for said grant, including the upon in writing and signed by the the City of Cleveland: Metro Health System, Cleveland Director of Parks, Recreation and Section 1. That the Director of Neighborhood Health Services, Case Properties and the Contractor. This Public Utilities is hereby authorized Western Reserve University, and alteration will cause an increase in and directed to cause payment of other organizations and agencies, the amount of the original contract 1996 membership dues of the City of and to purchase such items as are in the sum of $10,857.21, to be paid Cleveland, to be made to Build Up necessary, in accordance with the from Fund No. 65 SF 004. Greater Cleveland, from Fund No. Charter and the Codified Ordinances Section 2. That this ordinance is 01-99-98-0239, Request No. 20451. of Cleveland, Ohio, 1976, for the development, operation and imple- hereby declared to be an emergency Section 2. That this ordinance is mentation of the Program. measure and, provided it receives hereby declared to be an emergency measure and, provided it receives Section 4. That the Director of the affirmative vote of two-thirds of Public Health is hereby authorized the affirmative vote of two-thirds of all the members elected to Council, to enter into a contract or contracts it shall take effect and be in force all the members elected to Council, for professional consultant services immediately upon its passage and it shall take effect and be in force to plan and implement the Program. approval by the Mayor; otherwise it immediately upon its passage and Section 5. That this ordinance is shall take effect and be in force approval by the Mayor; otherwise it hereby declared to be an emergency from and after the earliest period shall take effect and be in force measure and, provided it receives allowed by law. from and after the earliest period the affirmative vote of two-thirds of Referred to Directors of Parks, allowed by law. all the members elected to Council, Recreation and Properties, Finance, Referred to Director of Finance; it shall take effect and be in force Law; Committees on Public Parks, Committee on Finance. immediately upon its passage and Property and Recreation, Finance. approval by the Mayor; otherwise it Ord. No. 1194-96. shall take effect and be in force Ord. No. 1192-96. By Councilmen Robinson and from and after the earliest period By Councilmen Polensek and Rokakis (by departmental request). allowed by law. Rokakis (by departmental request). An emergency ordinance autho- Referred to Directors of Public An emergency ordinance autho- rizing the Director of Public Health Health, Finance, Law; Committees rizing and directing the purchase by to accept a grant from the United on Public Health, Finance. contract of maintenance on radio States Department of Health and equipment, for the Division of Emer- Human Services for the Healthy Ord. No. 1195-96. gency Medical Service, Department Start Initiative Program to be con- By Councilmen Willis, Jackson, of Public Safety, for a period of one ducted by the City of Cleveland and Rybka and Rokakis (by departmen- year, with a one year option to various other agencies, to enter into tal request). renew. contracts with other intended grant An emergency ordinance autho- Whereas, this ordinance consti- recipients and to enter into con- rizing the sale of real property as tutes an emergency measure pro- tracts to implement the program. part of the Land Reutilization Pro- viding for the usual daily operation Whereas, pursuant to Ordinance gram and located at 12400, 12316-18, of a municipal department; now, Nos. 1257-91 and 2245-91, Council 12314, 12312, 12401-03, 1381, 1405 East therefore, authorized the Director of the 124th Street aka 12331-23 Auburn- Be it ordained by the Council of Department of Pubic Health to dale Avenue, 1404, 1400, 1396, 1390 East 124th Street to Northeast the City of Cleveland: apply for and accept a grant for the Section 1. That the Director of Neighborhood Development Corp. or City and other agencies to conduct designee. Public Safety is hereby authorized the Healthy Start Initiative Pro- and directed to make a written con- Whereas, the City of Cleveland gram and to enter into contracts has elected to adopt and implement tract in accordance with the Char- with various organizations and ter and the Codified Ordinances of the procedures under Chapter 5722 agencies for the development, imple- of the Ohio Revised Code to facili- Cleveland, Ohio, 1976, for each or all mentation and operation of the tate reutilization of nonproductive of the following items: maintenance Healthy Start Initiative Program lands situated within the City of on radio equipment, to be purchased (the “Program”); and Cleveland; and by the Commissioner of Purchases Whereas, the Program has been in Whereas, real property acquired and Supplies upon a unit basis for operation for five (5) years, and under the City’s Land Reutilization the Division of Emergency Medical additional funding is needed for the Program is acquired, held, adminis- Service, Department of Public Safe- continued operation of the program tered and disposed of by the City of ty, with one (1) option exercisable in the future; and Cleveland through its Department by the Director of Public Safety, to Whereas, this ordinance consti- of Community Development under renew for an additional one-year tutes an emergency measure pro- the terms of Chapter 5722 of the 1152 June 19, 1996 The City Record 23

Ohio Revised Code and Section corner of said Sublot No. 35, thence Northerly measured along said East- 183.021 of Codified Ordinances of the Westerly along the said Southerly erly line 14 feet from the most City of Cleveland, 1976; and line of Auburndale Road, N.E., 43.40 Southerly point of said Sublot No. 31; Whereas, this ordinance consti- feet, thence Southeasterly to a point thence Southerly along the Easterly tutes an emergency measure pro- in the Southeasterly line of said line of said East 124th Street 14 feet viding for the usual daily operation Sublot No. 33, .25 of a foot South- to said most Southerly point of Sub- of a municipal department; now, westerly, measured along the said lot No. 31 at an angle in the East- therefore, Southeasterly line from the most erly line of said East 124th Street; Be it ordained by the Council of Easterly corner of said Sublot No. thence Southwesterly along the the City of Cleveland: 33, thence Northeasterly along the Southeasterly line of East 124th Section 1. That pursuant to Sec- Southeasterly line of said Sublot Street, 73.89 feet to the place of tion 183.021 of the Codified Ordi- Nos. 33 and 34, 34.72 feet to a point beginning, as appears by said plat, nances of Cleveland, Ohio, 1976, the 37 feet Southerly measured along be the same more or less, but sub- Commissioner of Purchases and Sup- the Southeasterly line of said Sub- ject to all legal highways. plies is hereby authorized to sell lot Nos. 34 and 35, from the most Subject to zoning ordinances, if Permanent Parcel Nos. 120-13-046, Easterly corner of said Sublot No. any. 120-13-047, 120-13-048, 120-13-049, 120- 35, thence Northwesterly about 92 13-052, 120-13-071, 120-13-077, 120-13- feet to the place of beginning. P.P. No. 120-13-071 078, 120-13-079, 120-13-080, 120-13-081, Also subject to zoning ordinances, Situated in the City of Cleveland, 120-13-082, as more fully described in if any. County of Cuyahoga and State of Section 2 below, to Northeast Neigh- Ohio, and known as being the borhood Development Corp. or P. P. No. 120-13-049 Southerly 39 feet from front to rear designee. Situated in the City of Cleveland, of Sublot No. 25 in the Lakeview Section 2. That the real property County of Cuyahoga and State of Subdivision of part of Original One to be sold pursuant to Section 1 of Ohio, and known as being part of Hundred Acre Lot Nos. 388 and 389, this Ordinance is more fully Sublot Nos. 33 and 34 in House and as shown by the recorded plat in described as follows: Cody’s Subdivision of part of Origi- Volume 23 of Maps, Page 10 of nal One Hundred Acre Lot Nos. 388 Cuyahoga County Records, and P.P. No. 120-13-046 and 389, as shown by the recorded being 39 feet front on the Easterly Situated in the City of Cleveland, plat in Volume 25 of Maps, Page 5 side of East 124th Street, (formerly County of Cuyahoga and State of of Cuyahoga County Records, and Archer Avenue) and extending back Ohio, and known as being Sublot No. together forming a parcel of land of equal width 115 feet, as appears 31 in House and Cody’s Subdivision bounded and described as follows: by said plat, be the same more or of part of Original One Hundred Beginning on the Southerly line of less, but subject to all legal high- Acre Lot Nos. 388 and 389, as shown Auburndale Road, N.E., at a point ways. by the recorded plat in Volume 25 83.40 feet Westerly along said Sidewalk easement from Eliza- of Maps, Page 5 of Cuyahoga Coun- Southerly line from the most beth and John Lamb to East End ty Records. and being 35 feet front Northerly corner of Sublot No. 35 in Building Company, dated June 30, on the Southwesterly side of said Subdivision, thence Westerly 1915, filed for record July 15, 1915 Auburndale Road, N.E., (formerly along said Southerly line of Auburn- at 11:33 a.m. and recorded in Volume Auburndale Avenue) and extending dale Road, N.E., 36.49 feet to the 1694, Page 438 of Cuyahoga County back 141.47 feet on the Northwest- Northeasterly corner of land con- Records erly line, 141.52 feet on the South- veyed by Henry B. Cody and wife, Subject to zoning ordinances, if easterly line, and having a rear line to Vincent Kadlecek by deed dated any. of 35 feet, as appears by said plat, July 13, 1898, and recorded by Vol- be the same more or less, but sub- ume 681, Page 575 of Cuyahoga P.P. No. 120-13-077 ject to all legal highways. County Records, thence Southeaster- Situated in the City of Cleveland, ly along the Northeasterly line of County of Cuyahoga and State of P. P. No. 120-13-047 land so conveyed about 134.20 feet Ohio, and known as being part of Situated in the City of Cleveland, to the Southeasterly line of sand Sublot Nos. 30 and 31 in the Lake County of Cuyahoga and State of Sublot No. 33, thence Northeasterly View Subdivision of part of Original Ohio, and known as being parts of along said Southeasterly line of Sub- One Hundred Acre Lot No. 388, as Sublot Nos. 34 and 35 in House and lot No. 33, 29.75 feet to a point 71.72 shown by the recorded plat in Vol- Cody’s Subdivision of a part of Orig- feet Southwesterly measured along ume 23 of Maps, Page 10 of Cuya- inal One Hundred Acre Lot Nos. 388 the Southeasterly line of Sublot Nos. hoga County Records, and part of and 389, as shown by the recorded 33, 34 and 35 from the most Easter- Sublot No. 37 in House and Cody plat in Volume 25 of Maps, Page 5 ly corner of said Sublot No. 35, Subdivision, of part of Original One of Cuyahoga County Records, thence Northwesterly to the place of Hundred Acre Lot Nos. 388 and 389 bounded and described as follows: beginning. as shown by the recorded plat in Beginning at the angle in the Volume 25 of Maps, Page 5 of Cuya- Southerly line of Auburndale P.P. No. 120-13-052 hoga County Records, and part of Avenue, N.E., at the most Northerly Situated in the City of Cleveland, Sublot No. 20 in James W. Houses’ corner of said Sublot No. 35; thence County of Cuyahoga and State of Subdivision of part of Original One Westerly along the Southerly line of Ohio, and known as being part of Hundred Acre Lot Nos. 388 and 389, Auburndale Avenue, N.E., 40 feet; Sublot No. 37 in House and Cody’s as shown by the recorded plat in thence Southeasterly in a direct line Subdivision of part of Original One Volume 8 of Maps, Page 9 of Cuya- to a point in the rear of said Sub- Hundred Acre Lot Nos. 388 and 389, hoga County Records and together lot No. 34; 43/100 feet Southwesterly as shown by the recorded plat in forming a parcel of land bounded from the most Easterly corner of Volume 25 of Maps, Page 5 of Cuya- and described as follows: said Sublot No. 34; thence North- hoga County Records, and part of Beginning on the Easterly line of easterly along the rear line of Sub- Sublot No. 31 in the Lakeview Sub- East 124th Street (formerly Archer lot Nos. 34 and 35, 36.90 to the South- division of part of Original One Avenue) at the Southwesterly cor- westerly line of Auburndale Avenue, Hundred Acre Lot Nos. 388 and 389, ner of land conveyed to Sadie J. N.E., 70-49/100 feet to the place of as shown by the recorded plat in Bone by deed dated May 9, 1921, and beginning, be the same more or less, Volume 23 of Maps, Page 10 of recorded in Volume 2497, Page 496 but subject to all legal highways. Cuyahoga County Records, and of Cuyahoga County Records said Subject to zoning ordinances if together forming a parcel of land place of beginning being 30.16 feet any. bounded and described as follows: Southerly measured along said Beginning at the intersection of Easterly line of East 124th Street, P.P. No. 120-13-048 the Northeasterly line of Auburn- from the Northwesterly corner of Situated in the City of Cleveland, dale Avenue, N.E., and the South- Sublot No. 31; thence Northerly, County of Cuyahoga and State of easterly line of East 124th Street; along said Easterly line of East Ohio, and known as being part of thence Southeasterly along the 124th Street, 35.16 feet to the North- Sublot Nos. 33, 35 and 35 in House Northeasterly line of said Auburn- westerly corner of land so conveyed; and Cody’s Subdivision of part of dale Avenue, N.E. 35 feet to the thence Easterly along the Northerly Original One Hundred Acre Lot Nos. most Southerly corner of said Sub- line of land so conveyed to Sadie J. 388 and 389, as shown by the record- lot No. 37; thence Northeasterly, Bone, to the Northeasterly corner ed plat in Volume 25 of Maps, Page along the Southeasterly line of said thereof; thence Southwesterly, along 5 of Cuyahoga County Records, and Sublot No. 37, 90 feet; thence North- the Southeasterly line of land so together forming a parcel of land westerly parallel with the North- conveyed to Sadie J. Bone, to a point bounded and described as follows: easterly line of said Auburndale in the Southwesterly line of Sublot Beginning on the Southerly line of Avenue, N.E., 35 feet to the North- No. 20, distant 20.26 feet Southeast- Auburndale Road, N.E., at a point 40 westerly line of said Sublot No. 37; erly, measured along said South- feet Westerly, measured along said thence Westerly to the Easterly line westerly line of Sublot No. 20, from Southerly line from the Northeast of said East 124th Street distant the Northwesterly line of Sublot No. 1153 24 The City Record June 19, 1996

20; thence Northwesterly, along said ing a rear line of 40.07 feet, as all the members elected to Council, Southwesterly line of Sublot No. 20, appears by said plat, be the same it shall take effect and be in force 7.26 feet to the most Easterly corner more or less, but subject to all legal immediately upon its passage and of Sublot No. 20, 7.26 feet to the most highways. approval by the Mayor; otherwise it Easterly corner of Sublot No. 37; 1. Driveway easement from Pietro shall take effect and be in force thence Southwesterly, along the and Rosaria Fomica to Pasquale from and after the earliest period Southeasterly line of Sublot No. 37, and Antoinetta Miorano, dated allowed by law. 27 feet; thence Northwesterly in a November 27, 1942, filed for record Referred to Directors of Commu- direct line, to the place of begin- December 1, 1942 at 10:15 am. and nity Development, City Planning, ning, as appears by said plat, be the recorded in Volume 5479, Page 291 Finance, Law; Committees on Com- same more or less, but subject to all Cuyahoga County Records. munity and Economic Development, legal highways. 2. Appurtenant driveway ease- City Planning, Finance. ment from Pasquale and Antoinette P.P. No. 120-13-078 Miorano, to Pietro and Rosaria Fom- Ord. No. 1222-96. Situated in the City of Cleveland, ica, dated November 27, 1942, filed By Councilman Westbrook. County of Cuyahoga and State of for record December 1, 1942 at 10:16 An emergency ordinance deter- Ohio, and known as being part of a.m. and recorded in Volume 5479, mining the need to develop pro- Sublot No. 19 in Lake View Subdi- Page 292 of Cuyahoga County grams to combat the proliferation of vision of part of Original One Hun- Records. broken glass and other litter in City dred Acre Lot Nos. 388 and 389, as Subject to zoning ordinances, if neighborhoods and authorizing the shown by the recorded plat in Vol- any. President of Council, on behalf of ume 23 of Maps, Page 10 of Cuya- the Council, to accept gifts and hoga County Records, and bounded P.P. No. 120-13-081 grants in conjunction with litter and described as follows: Situated in the City of Cleveland, control programs and the imple- Beginning on the Westerly line of County of Cuyahoga and State of mentation of programs developed by East 124th Street, (formerly Archer Ohio, and known as being Sublot No. the Council to combat litter. Avenue), at the Northeasterly cor- 16 in the Lakeview Subdivision of Whereas, the proliferation of bro- ner of said Sublot No. 19; thence part of Original One Hundred Acre ken glass and other litter in City Southerly along the Westerly line of Lot Nos. 388 and 399, as shown by neighborhoods has become a threat East 124th Street, 8.54 feet to an the recorded plat of said Subdivision to the safety and welfare of our cit- angle therein; thence Southwesterly in Volume 23 of Maps, Page 10 of izens; and along the Northwesterly line of East Cuyahoga County Records. Said Sub- Whereas, this Council needs to 124th Street, 35.37 feet to the East- lot No. 16 has a frontage of 40 feet work with retailers and distributors erly end of the turnout between the on the Westerly side of East 124th to develop ways to combat this prob- Northwesterly line of East 124th Street (formerly Archer Avenue), lem without harming the economic Street, and the Northwesterly line of and extends back 127 33/100 feet on recovery of our City; and Auburndale Avenue, N.E.; thence the Northerly line and 124 95/100 Whereas, this ordinance consti- Westerly along said turnout 35.36 feet on the Southerly line and has tutes an emergency measure pro- feet; thence Northwesterly along the a rear line of 40 7/100, as appears viding for the usual daily operation Northeasterly line of Auburndale by said plat, be the same more or of a municipal department; now, Avenue, N.E., 19.69 feet to an angle less, but subject to all legal high- therefore, therein; thence Southwesterly along ways. Be it ordained by the Council of the Northwesterly line of Auburn- the City of Cleveland: dale Avenue, N.E., 1-39 feet to a P.P. No. 120-13-082 Section 1. That this Council here- point which is distant 14 feet East- Situated in the City of Cleveland, by determines that efforts to com- erly at right angle measure from County of Cuyahoga and State of bat the proliferation of broken glass the Westerly line of said Sublot No. Ohio, and known as being Sublot No. and other litter in City neighbor- 39.77 feet to the Northerly line of 15 in the Lakeview Subdivision of hoods should be a major goal of the said Sublot; thence Easterly along part of Original One Hundred Acre City. the Northerly line of said Sublot No. Lot Nos. 388 and 389, as shown by Section 2. That this Council wish- 106.17 feet to the place of beginning, the recorded plat in Volume 23 of es to work with area retailers and as appears by said plat, be the same Maps, Page 10 of Cuyahoga County distributors to develop programs to more or less, but subject to all legal Records and being 40 feet front on deal with the City’s litter problem. highways. the Westerly side of East 124th Section 3. That the President of Street (formerly Archer Avenue) Council, on behalf of Council, is P.P. No. 120-13-079 and extending back 129.71 feet on hereby authorized to accept gifts Situated in the City of Cleveland, the Northerly line 127.33 feet on the and grants from various entities, County of Cuyahoga and State of Southerly line and has a rear line both public and private, in conjunc- Ohio, and known as being Sublot No. of 40.07 feet as appears by said plat, tion with litter control programs, 18 in the Lakeview Subdivision of be the same more or less, but sub- and the courts, for the implementa- part of Original One Hundred Acre ject to all legal highways. tion of programs developed by the Lot Nos. 388 and 389, as shown by Section 3. That all documents nec- Council to combat litter, to file all the recorded plat in Volume 23 of essary to complete the conveyance papers and execute all documents Maps, Page 10 of Cuyahoga County authorized by this ordinance shall necessary to receive such funds and, Records and being 40 feet front on be executed within six (6) months upon acceptance, said gifts and the Westerly side of East 124th of the effective date of this ordi- grants shall be appropriated for the Street (formerly Archer Avenue) nance. If all of the documents are purposes for which they were given. and extending back 122.58 feet on not executed within six (6) months Section 4. That this ordinance is the Northerly line, 120.20 feet on the of the effective date of this ordi- hereby declared to be an emergency Southerly line and having a rear nance, or such additional time as measure and, provided it receives line of 40.7 feet as appears by said may be granted by the Director of the affirmative vote of two-thirds of plat. Community Development, this ordi- all the members elected to Council, Subject to Easement recorded in nance shall be repealed and shall be it shall take effect and be in force Volume 5479, Page 291 of Cuyahoga of no further force or effect. immediately upon its passage and County Records. Section 4. That the consideration approval by the Mayor; otherwise it Subject to Easement recorded in for the subject parcel shall be estab- shall take effect and be in force Volume 5479, Page 292 of Cuyahoga lished by the Board of Control and from and after the earliest period County Records. shall be not less than Fair Market allowed by law. Also subject to zoning ordinances, Value taking into account such Referred to Director of Law; Com- if any. terms and conditions, restrictions mittee on Finance. and covenants as are deemed nec- P.P. No. 120-13-080 essary or appropriate. FIRST READING Situated in the City of Cleveland, Section 5. That the conveyance ORDINANCES REFERRED County of Cuyahoga and State of authorized hereby shall be made by Ohio, and known as being Sublot No. official deed prepared by the Direc- Ord. No. 1196-96. 17 in the Lakeview Subdivision of tor of Law and executed by the By Councilmen Miller and part of Original One Hundred Acre Mayor on behalf of the City of Rokakis (by departmental request). Lot Nos. 388 and 389, as shown by Cleveland. The deed shall contain An ordinance authorizing the the recorded plat in Volume 23 of such provisions as may be neces- Director of Port Control to enter Maps, Page 10 of Cuyahoga County sary to protect and benefit the pub- into agreements with parking lot Records, and being 40 feet front on lic interest. operators located off airport proper- the Westerly said of East 124th Section 6. That this ordinance is ty, in order to assess fees to such Street, and extending back 124.95 hereby declared to be an emergency companies for use of airport prop- feet on the Northerly line, 122.58 measure and, provided it receives erty in the conduct of the compa- feet on the Southerly line, and hav- the affirmative vote of two-thirds of nies’ business at Cleveland Hopkins 1154 June 19, 1996 The City Record 25

International Airport, and to issue south of the southerly line of Lake Council and on file in the office of permits for the use of airport prop- Shore Boulevard, N.E.; thence west- the City Planning Commission by erty pursuant to said agreements. erly along said line which is paral- the appropriate person designated Whereas, there are a number of lel to and one hundred sixty (160) for such purpose by the City Plan- parking lot operators located off air- feet south of said southerly line of ning Commission. port property, which provide ser- Lake Shore Boulevard, N.E. and Section 3. That this ordinance vices to customers by regularly along its westerly extension to the shall take effect and be in force entering airport property to pick-up center line of East 171 Street; thence from and after the earliest period and drop-off customers; and southerly along said center line of allowed by law. Whereas, imposition of an off air- East 171 Street to its intersection Referred to Directors of City Plan- port user fee would increase rev- with the easterly extension of a line ning Commission, Law; Committee enue for, and provide fairer distrib- located two hundred (200) feet on City Planning. ution of costs of airport operations, south of said southerly line of Lake maintenance and airport growth; Shore Boulevard, N.E.; thence west- Ord. No. 1198-96. now, therefore erly along said easterly extension By Councilman Polensek. Be it ordained by the Council of and along said line which is paral- An ordinance to change the zon- the City of Cleveland: lel to and two hundred (200) feet ing of lands on both sides of Water- Section 1. That the Director of south of said southerly line of Lake loo Road, N.E. between Shiloh Road, Port Control is hereby authorized to Shore Boulevard, N.E. to its inter- N.E. and west of E. 152 Street and enter into agreement(s) with off-air- section with a line located approxi- between E. 160 Street and E. 162 port parking lot operators hereby mately one hundred seven and thir- Street. (Map Change No. 1909, Sheet the off-airport operator, in exchange teen hundredths (107.13) feet west No. 7) for use of airport property, shall be of the westerly line of East 171 Be it ordained by the Council of assessed a monthly user fee of 8% Street; thence southerly along said the City of Cleveland: Section 1. To change the Use Dis- of gross revenues for its use of air- line which is parallel to and approx- trict of lands bounded and described port property in the conduct of such imately one hundred seven and thir- as follows, operator’s business in providing teen hundredths (107.13) feet west Beginning at the intersection of the transportation to customers to and of said westerly line of East 171 northeasterly extension of the from the operator’s facilities and Street to its intersection with a line southeasterly line of Sublot No. 16 the airport. Further, said Director is located two hundred fifty (250) feet in the C.W. Moses Allotment as authorized to issue permits to said south of said southerly line of Lake recorded in Volume 11, Page 35 of off-airport operators for use of air- Shore Boulevard, N.E.; thence west- the Cuyahoga County Map Records port property pursuant to such user erly along said line which is paral- and the center line of Shiloh Road, fee agreements. Such agreement and lel to and two hundred fifty (250) N.E.; thence southeasterly along permit shall contain such provisions feet south of said southerly line of said center line of Shiloh Road, N.E. as shall be deemed necessary by the Lake Shore Boulevard, N.E. to its to the center line of Waterloo Road, Director of Law. intersection with a line located N.E; thence northeasterly and east- Section 2. That this ordinance approximately one hundred fifteen erly along said center line of Water- shall take effect and be in force and forty four hundredths (115.44) loo Road, N.E. to the center line of from and after the earliest period feet east of the easterly line of East East 160 Street; thence northerly allowed by law. 169 Street; thence northerly along along said center line of East 160 Referred to Directors of Port Con- said line which is parallel to and Street to its intersection with the trol, Finance, Law; Committees on approximately one hundred fifteen westerly extension of the northerly Aviation and Transportation, and forty four hundredths (115.44) line of Sublot No. 268 in the Finance. feet east of said easterly line of Lakeshore Boulevard Company East 169 Street to its intersection Allotment as recorded in Volume 27, Ord. No. 1197-96. with a line located two hundred Page 25 of the Cuyahoga County By Councilman Polensek. (200) feet south of said southerly Map Records; thence easterly along An ordinance to change the Use line of Lake Shore Boulevard, N.E; said westerly extension and along District of lands on the southerly thence westerly along said line said northerly line of said Sublot No. side of Lake Shore Boulevard, N.E. which is parallel to and two hun- 268 to its intersection with the east- between E. 169 Street and E. 174 dred (200) feet south of said erly line thereof; thence southerly Street. (Map Change No. 1911, Sheet southerly line of Lake Shore Boule- along said easterly line of said Sub- No. 7) vard, N.E. and along its westerly lot No. 268 and along its southerly Be it ordained by the Council of extension to the center line of East extension to the center line of Bur- the City of Cleveland: 169 Street; thence northerly along bank Court, N.E.; thence easterly Section 1. That the Use District of said center line of East 169 Street along said center line of Burbank lands bounded and described as fol- to its intersection with the easterly Court, N.E. to the center line of East lows, extension of a line located approxi- 162 Street; thence southerly along Beginning at the intersection of the mately fifty six and forty one hun- said center line of East 162 Street center line of Nottingham Road, dredths (56.41) feet north of the to the center line of Waterloo Road, N.E., Lake Shore Boulevard, N.E. northerly line of Sublot No. 57 in the N.E.; thence westerly along said cen- and the center line of East 174 Moreland Allotment as recorded in ter line of Waterloo Road, N.E. to Street; thence southerly along said Volume 64, Page 29 of the Cuyahoga the center line of East 160 Street; center line of East 174 Street to its County Map Records; thence west- thence southerly along said center intersection with the easterly exten- erly along said easterly extension line of East 160 Street to the center sion of a line located forty (40) feet and along said line which is paral- line of Shasta Court, N.E.; thence north of the northerly line of Sublot lel to and approximately fifty six westerly along said center line of Shasta Court, N.E. to the center line No. 27 in the (Melton E. Bertrom) and forty one hundredths (56.41) Boulevard Allotment as recorded in feet north of said northerly line of of East 156 Street; thence southerly along said center line of East 156 Volume 64, Page 29 of the Cuyahoga said Sublot No. 57 to its intersection Street to its intersection with the County Map Records; thence west- with a line located sixty (60) feet easterly extension of the southerly erly along said easterly extension west of the westerly line of East 169 line of Sublot No. 114 in the C.W. and along said line which is paral- Street; thence northerly along said Moses Allotment as recorded in Vol- lel to and forty (40) feet north of line which is parallel to and sixty ume 27, Page 12 of the Cuyahoga said northerly line of said Sublot No. (60) feet west of said westerly line County Map Records; thence west- 27 to its intersection with the east- of East 169 Street and along its erly along said easterly extension erly line of Sublot No. 30 in said northerly extension to the center and along said southerly line of (Melton E. Bertrom) Boulevard line of Lake Shore Boulevard, N.E.; said Sublot No. 114 to its intersec- Allotment; thence southerly along thence easterly along said center tion with a line located one hundred said easterly line of said Sublot No. line of Lake Shore Boulevard, N.E. twenty (120) feet southeast of the 30 to its intersection with the to the place of beginning, southeasterly line of Waterloo southerly line thereof; thence west- and as outlined in red on the map Road, N.E.; thence southwesterly erly along said southerly line of hereto attached, be and the same is along said line which is parallel to said Sublot No. 30 and continuing hereby changed to a Local Retail and one hundred twenty (120) feet westerly along the southerly line of Business District. southeast of said southeasterly line Sublot No. 31 in said (Melton E. Section 2. That said changed des- of Waterloo Road, N.E. to its inter- Bertrom) Boulevard Allotment to its ignation of lands described in Sec- section with the easterly line of intersection with the westerly line tion 1 shall be identified as Map Sublot No. 115 in said C.W. Moses thereof; thence northerly along said Change No. 1911, Sheet No. 7 and Allotment; thence southerly along westerly line of said Sublot No. 31 shall be made upon the Building said easterly line of said Sublot No. to its intersection with a line locat- Zone Maps of the City of Cleveland 115 and along its southerly exten- ed one hundred sixty (160) feet on file in the office of the Clerk of sion to the center line of Calcutta 1155 26 The City Record June 19, 1996

Avenue, N.E.; thence westerly along Section 2. That said changed des- that there is good cause for vacat- said center line of Calcutta Avenue, ignation of lands described in Sec- ing a portion of Giles Road S.W. and N.E. to its intersection with the tion 1 shall be identified as Map Sprecher Avenue S.W., as here- northerly extension of the easterly Change No. 1909, Sheet No. 7 and inafter described, and line of Sublot No. 124 in said C.W. shall be made upon the Building Whereas, this resolution consti- Moses Allotment; thence southerly Zone Maps of the City of Cleveland tutes an emergency measure pro- along said northerly extension and on file in the office of the Clerk of viding for the usual daily operation along said easterly line of said Sub- Council and on file in the office of of a municipal department; now, lot No. 124 to its intersection with the City Planning Commission by therefore, the southerly line thereof; thence the appropriate person designated Be it resolved by the Council of westerly along said southerly line for such purpose by the City Plan- the City of Cleveland: of said Sublot No. 124 and continu- ning Commission. Section 1. That it hereby declares ing westerly along the southerly Section 3. That this ordinance its intention to vacate: The follow- lines of Sublots Nos. 123, 122, and shall take effect and be in force ing described real property, located 121 in said C.W. Moses Allotment to from and after the earliest period in Cleveland, Cuyahoga County, its intersection with the easterly allowed by law. Ohio, and known as being all that line of Sublot No. 86 in the J. W. Referred to Directors of City Plan- portion of: GILES ROAD S.W. (40.00 McClure Allotment as recorded in ning Commission, Law; Committee feet wide), Northerly from the Volume 27, Page 20 of the Cuyahoga on City Planning. Northerly line of Giles Road S.W. County Map Records; thence vacated by Ordinance Number 421- southerly along said easterly line of Ord. No. 1199-96. 87, passed by the Council of the City said Sublot No. 86 and along its By Councilman Zone. of Cleveland on April 6, 1987 to the southerly extension to the center An ordinance to change the Use, Southerly line of that portion of line of Daniel Avenue, N.E.; thence Area, and Height Districts of lands Giles Road S.W. vacated by Ordi- westerly along said center line of north of Lorain Avenue on the west nance Number 1975-69, passed by the Daniel Avenue, N.E. to the center side of W. 110 Street. (Map Change Council of the City of Cleveland on line of East 152 Street; thence No. 1910, Sheet No. 2) December 15, 1969. AND; northerly along said center line of Be it ordained by the Council of SPRECHER AVENUE S.W. (50.00 East 152 Street to the center line of the City of Cleveland: feet wide) beginning at the point of Waterloo Road, N.E.; thence south- Section 1. That the Use, Area, and intersection of the Southerly line of westerly along said center line of Height Districts of lands bounded Sprecher Avenue S.W., 50.00 feet Waterloo Road, N.E. to the center and described as follows, wide, with the Northwesterly line of line of Westropp Avenue, N.E.; Beginning at the intersection of the Giles Road S.W. (40.00 feet wide); thence westerly along said center easterly extension of the northerly thence Northeasterly along the pro- line of Westropp Avenue, N.E. to its line of Sublot No. 5 in the Lorain longation of the said northwesterly intersection with the southwesterly Heights (Conger-Helper Realty line of Giles Road to a point in the extension of a line located approxi- Company) Allotment as recorded in northerly line of Sprecher Avenue; mately one hundred eighty five Volume 55, Page 13 of the Cuyahoga thence Westerly along the said (185) feet northwest of the north- County Map Records and the center Northerly line of Sprecher Avenue, westerly line of East 152 Street; line of West 110 Street; thence a distance of 31.32 feet; thence at thence northeasterly along said southerly along said center line of right angles to the last described southwesterly extension and along West 110 Street to its intersection courses, a distance of 50.00 feet to said line which is parallel to and with the easterly extension of the the point of beginning. approximately one hundred eighty southerly line of Sublot No. 4 in said Section 2. That this resolution is five (185) feet northwest of said Lorain Heights (Conger-Helper hereby declared to be an emergency northwesterly line of East 152 Street Realty Co.) Allotment; thence west- measure and, provided it receives to its intersection with a line locat- erly along said easterly extension the affirmative vote of two-thirds of ed approximately one hundred fifty and along said southerly line of all the members elected to Council, eight and eighty three hundredths said Sublot No. 4 to its intersection it shall take effect and be in force (158.83) feet south of the southerly with the westerly line thereof; immediately upon its adoption and line of Upton Avenue, N.E.; thence thence northerly along said wester- approval by the Mayor; otherwise it easterly along said line which is ly line of said Sublot No. 4 and con- shall take effect and be in force parallel to and approximately one tinuing northerly along the wester- from and after the earliest period hundred fifty eight and eighty three ly line of said Sublot No. 5 to its allowed by law. hundredths (158.83) feet south of intersection with said northerly line Referred to Directors of Public said southerly line of Upton Avenue thereof; thence easterly along said Service, City Planning Commission, N.E. to its intersection with a line northerly line of said Sublot No. 5 Finance, Law; Committees on Pub- located approximately one hundred and along its easterly extension to lic Service, City Planning, Finance. seven and twenty one hundredths the place of beginning, (107.21) feet northwest of said and as outlined in red on the map Res. No. 1201-96. northwesterly line of East 152 hereto attached, be and the same By Councilman Britt (by request). Street; thence northeasterly along are hereby changed to a General An emergency resolution declar- said line which is parallel to and Retail Business District, a ‘C’ Area ing the intention to vacate a portion approximately one hundred seven District, and a ‘2’ Height District. of East 90th Street. and twenty one hundredths (107.21) Section 2. That said changed des- Whereas, this Council is satisfied feet northwest of said northwester- ignation of lands described in Sec- that there is good cause for vacat- ly line of East 152 Street and along tion 1 shall be identified as Map ing a portion of East 90th Street, as its northeasterly extension to the Change No. 1910, Sheet No. 2 and hereinafter described, and center line of Upton Avenue, N.E.; shall be made upon the Building Whereas, this resolution consti- thence easterly along said center Zone Maps of the City of Cleveland tutes an emergency measure pro- line of Upton Avenue, N.E. to the on file in the office of the Clerk of viding for the usual daily operation center line of East 152 Street; thence Council and on file in the office of of a municipal department; now, northerly along said center line of the City Planning Commission by therefore, East 152 Street; to its intersection the appropriate person designated Be it resolved by the Council of with the westerly extension of the for such purpose by the City Plan- the City of Cleveland: northerly line of Sublot No. 9 in the ning Commission. Section 1. That it hereby declares C.W. Moses Allotment as recorded in Section 3. That this ordinance its intention to vacate: The follow- Volume 11, Page 35 of the Cuyahoga shall take effect and be in force ing described real property, located County Map Records; thence easter- from and after the earliest period in Cleveland, Cuyahoga County, ly along said westerly extension allowed by law. Ohio, and known as being all that and along said northerly line of said Referred to Directors of City Plan- portion of: EAST 90TH STREET Sublot No. 9 to its intersection with ning Commission, Law; Committee (45.00 feet wide), extending Norther- the northeasterly line thereof; on City Planning. ly from the Northerly line of thence southeasterly along said Carnegie Avenue S.E. (80.00 feet northeasterly line of said Sublot No. FIRST READING EMERGENCY wide), to the Southerly line of 9 to its intersection with said south- RESOLUTIONS REFERRED Euclid Avenue S.E. (80.00 feet easterly line of said Sublot No. 16; wide), including its turnouts on thence northeasterly along said Res. No. 1200-96. Carnegie Avenue S.E. and Euclid southeasterly line of said Sublot No. By Councilman Miller (by Avenue S.E. 16 and along its northeasterly exten- request). Section 2. That this resolution is sion to the place of beginning, An emergency resolution declar- hereby declared to be an emergency and as outlined in red on the map ing the intention to vacate a portion measure and, provided it receives hereto attached be and the same is of Giles Road S.W. and Sprecher the affirmative vote of two-thirds of hereby changed to a Local Retail Avenue S.W. all the members elected to Council, District. Whereas, this Council is satisfied it shall take effect and be in force 1156 June 19, 1996 The City Record 27 immediately upon its adoption and immediately upon its adoption and all the members elected to Council, approval by the Mayor; otherwise it approval by the Mayor; otherwise it it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its passage and from and after the earliest period from and after the earliest period approval by the Mayor; otherwise it allowed by law. allowed by law. shall take effect and be in force Referred to Directors of Public Referred to Directors of Public from and after the earliest period Service, City Planning Commission, Service, City Planning Commission, allowed by law. Finance, Law; Committees on Pub- Finance, Law; Committees on Pub- Motion to suspend rules. Charter lic Service, City Planning, Finance. lic Service, City Planning, Finance. and statutory provisions and place on final passage. Res. No. 1202-96. Councilman O’Malley entered the The rules were suspended. Yeas By Councilman Patton (by meeting. 18. Nays 0. Read second time. Read request). third time in full. Passed. Yeas 18. An emergency resolution declar- FIRST READING EMERGENCY Nays 0. ing the intention to vacate Mann ORDINANCES READ IN FULL Avenue S.E. AND PASSED Ord. No. 1205-96. Whereas, this Council is satisfied By Councilmen Lewis, Jackson, that there is good cause for vacat- Ord. No. 1204-96. Rybka and Rokakis (by departmen- ing Mann Avenue S.E., as here- By Councilmen Jackson and tal request). inafter described, and Rokakis (by departmental request). An emergency ordinance autho- Whereas, this resolution consti- An emergency ordinance autho- rizing the sale of real property as tutes an emergency measure pro- rizing the Director of Economic part of the Land Reutilization Pro- viding for the usual daily operation Development to enter into a contract gram and located at East 63rd of a municipal department; now, with Sunny Properties, Ltd., or its Street to Ronie A. Stephens or therefore, designee, to provide economic devel- designee. Be it resolved by the Council of opment assistance to partially Whereas, the City of Cleveland the City of Cleveland: finance the acquisition and renova- has elected to adopt and implement Section 1. That it hereby declares tion of a commercial building locat- the procedures under Chapter 5722 its intention to vacate: The follow- ed at 4317 Chester Avenue, Cleve- of the Ohio Revised Code to facili- ing described real property, located land, Ohio 44103. tate reutilization of nonproductive in Cleveland, Cuyahoga County, Whereas, this ordinance consti- lands situated within the City of Ohio, and known as being all that tutes an emergency measure pro- Cleveland; and portion of: MANN AVENUE S.E. viding for the usual daily operation Whereas, real property acquired (50.00 feet wide), extending West- of a municipal department; now, under the City’s Land Reutilization erly from the Westerly line of Jo- therefore, Program is acquired, held, adminis- Ann Drive S.E. (50.00 feet wide), to Be it ordained by the Council of tered and disposed of by the City of the Easterly line of East 183rd the City of Cleveland: Cleveland through its Department Street (50.00 feet wide). Section 1. That the Director of of Community Development under Section 2. That this resolution is Economic Development is hereby the terms of Chapter 5722 of the hereby declared to be an emergency authorized to enter into a contract Ohio Revised Code and Section measure and, provided it receives with Sunny Properties, Ltd., or its 183.021 of Codified Ordinances of the the affirmative vote of two-thirds of designee, to provide economic devel- City of Cleveland, 1976; and all the members elected to Council, opment assistance to partially Whereas, this ordinance consti- it shall take effect and be in force finance the acquisition and renova- tutes an emergency measure pro- immediately upon its adoption and tion of a commercial building locat- viding for the usual daily operation approval by the Mayor; otherwise it ed at 4317 Chester Avenue, Cleve- of a municipal department; now, shall take effect and be in force land, Ohio 44103. therefore, from and after the earliest period Section 2. That the term of said Be it ordained by the Council of allowed by law. loan shall be in accordance with the the City of Cleveland: Referred to Directors of Public terms as set forth in the Executive Section 1. That pursuant to Sec- Service, City Planning Commission, Summary contained in File No. 1204- tion 183.021 of the Codified Ordi- Finance, Law; Committees on Pub- 96-A. nances of Cleveland, Ohio, 1976, the lic Service, City Planning, Finance. Section 3. That the costs of said Commissioner of Purchases and Sup- contract shall not exceed One Hun- plies is hereby authorized to sell Res. No. 1203-96. dred Eighty-Three Thousand Dol- Permanent Parcel No(s). 118-03-034, By Councilman White (by lars ($183,000.00), and shall be paid as more fully described in Section 2 request). from Fund No. 18 SF 001, Request below, to Ronie A. Stephens or An emergency resolution declar- No. 22280. designee ing the intention to vacate a portion Section 4. That the Director of Section 2. That the real property of The First Unnamed Alley East of Economic Development is hereby to be sold pursuant to Section 1 of East 93rd Street and North of Cas- authorized and directed to accept this Ordinance is more fully sius Avenue S.E. collateral as set forth in the Exec- described as follows: Whereas, this Council is satisfied utive Summary contained in the file that there is good cause for vacat- referenced in Section 2 of this ordi- P.P. No. 118-03-034 ing a portion of The First Unnamed nance in order to secure repayment Situated in the City of Cleveland, Alley East of East 93rd Street and of said loan. Any security instru- County of Cuyahoga, State of Ohio, North of Cassius Avenue S.E., as ment shall be prepared and and known as being the northerly hereinafter described, and approved by the Director of Law. 35 feet from front to rear of Sublot Whereas, this resolution consti- Section 5. That the Director of No. 19 and the southerly 15 feet tutes an emergency measure pro- Economic Development is hereby from front to rear of Sublot No. 20 viding for the usual daily operation authorized to accept monies in in Clara M. Hannon’s Subdivision of of a municipal department; now, repayment of the loan and to a part of Original One Hundred therefore, deposit said monies in Fund No. 18 Acre Lot No. 337 as shown by the Be it resolved by the Council of SF 002. recorded plat in Volume 15 of Maps, the City of Cleveland: Section 6. That the Director of Page 29 of Cuyahoga County Section 1. That it hereby declares Economic Development is hereby Records and together forming a its intention to vacate: The follow- authorized to charge and accept parcel of land 50 feet front on the ing described real property, located fees in an amount not to exceed the westerly side of East 63rd Street in Cleveland, Cuyahoga County, maximum allowable under federal (formerly Kensington St.), and Ohio, and known as: regulations and expend such fees to extending back of equal width 148- Being all that portion of THE cover costs incurred in the prepara- 48/100 feet as appears by said plat, FIRST UNNAMED ALLEY (15.00 tion of the loan application, closing be the same more or less, but sub- feet wide), East of East 93rd Street and servicing of the loan. Such fees ject to all legal highways. extending Northerly from the shall be deposited to and expended Subject to Zoning Ordinances, if Northerly line of Cassius Avenue from Fund No. 18 SF 004, Loan Fees any S.E. (50.00 feet wide), to that por- Fund. Section 3. That all documents nec- tion of said Alley vacated by the Section 7. That the Director of essary to complete the conveyance Council of the City of Cleveland by Law is hereby authorized to prepare authorized by this ordinance shall Ordinance Number 1395-49. said contract and such other docu- be executed within six (6) months Section 2. That this resolution is ments as may be appropriate to of the effective date of this ordi- hereby declared to be an emergency complete the transaction. nance. If all of the documents are measure and, provided it receives Section 8. That this ordinance is not executed within six (6) months the affirmative vote of two-thirds of hereby declared to be an emergency of the effective date of this ordi- all the members elected to Council, measure and, provided it receives nance, or such additional time as it shall take effect and be in force the affirmative vote of two-thirds of may be granted by the Director of 1157 28 The City Record June 19, 1996

Community Development, this ordi- the recorded plat in Volume 26 of has elected to adopt and implement nance shall be repealed and shall be Maps, Page 30 of Cuyahoga County the procedures under Chapter 5722 of no further force or effect. Records, together forming a parcel of the Ohio Revised Code to facili- Section 4. That the consideration of land 199.98 feet front on the tate reutilization of nonproductive for the subject parcel shall be estab- Westerly side of East 60th Street lands situated within the City of lished by the Board of Control and and extending back between paral- Cleveland; and shall be not less than Fair Market lel lines 95.07 feet along the Whereas, real property acquired Value taking into account such Southerly side of Quimby Avenue under the City’s Land Reutilization terms and conditions, restrictions N.E. on the North and the Northerly Program is acquired, held, adminis- and covenants as are deemed nec- side of Belvidere Avenue N.E. on the tered and disposed of by the City of essary or appropriate. South and being about 199.98 feet Cleveland through its Department Section 5. That the conveyance wide in the rear, as appears by said of Community Development under authorized hereby shall be made by plat. the terms of Chapter 5722 of the official deed prepared by the Direc- Subject to Zoning Ordinances, if Ohio Revised Code and Section tor of Law and executed by the any. 183.021 of Codified Ordinances of the Mayor on behalf of the City of City of Cleveland, 1976; and Cleveland. The deed shall contain Permanent Parcel No. 104-20-027 Whereas, this ordinance consti- such provisions as may be neces- Situated in the City of Cleveland, tutes an emergency measure pro- sary to protect and benefit the pub- County of Cuyahoga, State of Ohio, viding for the usual daily operation lic interest. and known as being Sublot No. 183 of a municipal department; now, Section 6. That this ordinance is and the Easterly 21-1/2 feet of Sub- therefore, hereby declared to be an emergency lot No. 184 in the Park Realty Com- Be it ordained by the Council of measure and, provided it receives pany’s Re-Subdivision of part of the City of Cleveland: the affirmative vote of two-thirds of Original One Hundred Acre Lot No. Section 1. That pursuant to Sec- all the members elected to Council, 340, as shown by the recorded plat tion 183.021 of the Codified Ordi- it shall take effect and be in force in Volume 26 of Maps, Page 30 of nances of Cleveland, Ohio, 1976, the immediately upon its passage and Cuyahoga County Records, and Commissioner of Purchases and Sup- approval by the Mayor; otherwise it together forming a parcel of land plies is hereby authorized to sell shall take effect and be in force having a frontage 56.5 feet on the Permanent Parcel No(s). 118-03-092, from and after the earliest period Southerly side of Quimby Avenue as more fully described in Section 2 allowed by law. N.E., and extending back between below, to Duane Smith or designee. Motion to suspend rules. Charter parallel lines about 200 feet to the Section 2. That the real property and statutory provisions and place Northerly line of Belvidere Avenue to be sold pursuant to Section 1 of on final passage. N.E., as appears by said plat, be the this Ordinance is more fully The rules were suspended. Yeas same more or less, but subject to all described as follows: 18. Nays 0. Read second time. Read legal highways. third time in full. Passed. Yeas 18. Section 3. That all documents nec- P.P. No. 118-03-092 Nays 0. essary to complete the conveyance Situated in the City of Cleveland, authorized by this ordinance shall County of Cuyahoga and State of Ord. No. 1206-96. be executed within six (6) months Ohio, and known as being part of By Councilmen Lewis, Jackson, of the effective date of this ordi- Sublot No. 21 in Claire M. Hannon’s Rybka and Rokakis (by departmen- nance. If all of the documents are Subdivision of part of Original One tal request). not executed within six (6) months Hundred Acre Lot No. 337, as shown An emergency ordinance autho- of the effective date of this ordi- by the recorded plat in Volume 15 rizing the sale of real property as nance, or such additional time as of Maps, Page 29 of Cuyahoga Coun- part of the Land Reutilization Pro- may be granted by the Director of ty Records and forming a parcel of gram and located at 1704-1718 East Community Development, this ordi- land, bounded and described as fol- 60th Street and 5902 Quimby Avenue nance shall be repealed and shall be lows: to Jerome and Deborah Williams. of no further force or effect. Beginning in the Southerly line of Whereas, the City of Cleveland Section 4. That the consideration Hough Avenue N.E. (60 feet wide) has elected to adopt and implement for the subject parcel shall be estab- at an iron pin set at the Northerly the procedures under Chapter 5722 lished by the Board of Control and corner of said Sublot No. 21; thence of the Ohio Revised Code to facili- shall be not less than Fair Market Easterly along said Southerly line tate reutilization of nonproductive Value taking into account such of Hough Avenue N.E., 61 feet to an lands situated within the City of terms and conditions, restrictions iron pin; thence Southerly along a Cleveland; and and covenants as are deemed nec- line parallel with the Westerly line Whereas, real property acquired essary or appropriate. of said Sublot No. 21, 57.81 feet to under the City’s Land Reutilization Section 5. That the conveyance an iron pin set in the Southerly line Program is acquired, held, adminis- authorized hereby shall be made by of parcel of land conveyed to Mar- tered and disposed of by the City of official deed prepared by the Direc- garet E. Lewis by deed dated May Cleveland through its Department tor of Law and executed by the 9, 1905, and recorded in Volume 978, of Community Development under Mayor on behalf of the City of Page 126 of Cuyahoga County the terms of Chapter 5722 of the Cleveland. The deed shall contain Records; thence Westerly along said Ohio Revised Code and Section such provisions as may be neces- Southerly line of land conveyed to 183.021 of Codified Ordinances of the sary to protect and benefit the pub- Margaret E. Lewis, 61 feet to an City of Cleveland, 1976; and lic interest. iron pin set in the Westerly line of Whereas, this ordinance consti- Section 6. That this ordinance is said Sublot No. 21; thence Northerly tutes an emergency measure pro- hereby declared to be an emergency along said Westerly line of Sublot viding for the usual daily operation measure and, provided it receives No. 21, 57.76 feet to the place of of a municipal department; now, the affirmative vote of two-thirds of beginning, be the same more or less, therefore, all the members elected to Council, but subject to all legal highways. Be it ordained by the Council of it shall take effect and be in force Section 3. That all documents nec- the City of Cleveland: immediately upon its passage and essary to complete the conveyance Section 1. That pursuant to Sec- approval by the Mayor; otherwise it authorized by this ordinance shall tion 183.021 of the Codified Ordi- shall take effect and be in force be executed within six (6) months nances of Cleveland, Ohio, 1976, the from and after the earliest period of the effective date of this ordi- Commissioner of Purchases and Sup- allowed by law. nance. If all of the documents are plies is hereby authorized to sell Motion to suspend rules. Charter not executed within six (6) months Permanent Parcel Nos. 104-20-026 and statutory provisions and place of the effective date of this ordi- and 104-20-027, as more fully on final passage. nance, or such additional time as described in Section 2 below, to The rules were suspended. Yeas may be granted by the Director of Jerome and Deborah Williams. 18. Nays 0. Read second time. Read Community Development, this ordi- Section 2. That the real property third time in full. Passed. Yeas 18. nance shall be repealed and shall be to be sold pursuant to Section 1 of Nays 0. of no further force or effect. this Ordinance is more fully Section 4. That the consideration described as follows: Ord. No. 1207-96. for the subject parcel shall be estab- By Councilmen Lewis, Jackson, lished by the Board of Control and P.P. No. 104-20-026 Rybka and Rokakis (by departmen- shall be not less than Fair Market Situated in the City of Cleveland, tal request). Value taking into account such County of Cuyahoga, State of Ohio, An emergency ordinance autho- terms and conditions, restrictions and known as being Sublots Nos. rizing the sale of real property as and covenants as are deemed nec- 177, 178, 179, 180, 181 and 182 in the part of the Land Reutilization Pro- essary or appropriate. Park Realty Company’s Re-Subdivi- gram and located at East 63rd Section 5. That the conveyance sion of part of Original One Hun- Street to Duane Smith or designee. authorized hereby shall be made by dred Acre Lot No. 340, as shown by Whereas, the City of Cleveland official deed prepared by the Direc- 1158 June 19, 1996 The City Record 29 tor of Law and executed by the degrees 32' 13" East along a line Section 6. That this ordinance is Mayor on behalf of the City of parallel to the northerly line of Sub- hereby declared to be an emergency Cleveland. The deed shall contain lot No. 31, and distant south 17.34 measure and, provided it receives such provisions as may be neces- feet, a distance of 195.19 feet to an the affirmative vote of two-thirds of sary to protect and benefit the pub- iron pin set; all the members elected to Council, lic interest. Thence South 0 degrees 03' 46" it shall take effect and be in force Section 6. That this ordinance is West along the easterly line of immediately upon its passage and hereby declared to be an emergency Sublots Nos. 31 thru 29, a distance approval by the Mayor; otherwise it measure and, provided it receives of 119.69 feet to an iron pin set in shall take effect and be in force the affirmative vote of two-thirds of the southeasterly corner of said Sub- from and after the earliest period all the members elected to Council, lot No. 29; allowed by law. it shall take effect and be in force Thence North 89 degrees 14' 01" Motion to suspend rules. Charter immediately upon its passage and West, along the southerly line of and statutory provisions and place approval by the Mayor; otherwise it said Sublot No. 29, 195.07 feet to an on final passage. shall take effect and be in force iron pin set in the Easterly line of The rules were suspended. Yeas from and after the earliest period East 70th Street; 18. Nays 0. Read second time. Read allowed by law. Thence Due North along the said third time in full. Passed. Yeas 18. Motion to suspend rules. Charter easterly line of East 70th Street, a Nays 0. and statutory provisions and place distance of 118.66 feet to the Point on final passage. of Beginning and containing 23,253 Ord. No. 1209-96. The rules were suspended. Yeas square feet of land according to a By Councilmen Lewis, Jackson, 18. Nays 0. Read second time. Read survey by Ronald V. Garnett, Reg- Rybka and Rokakis (by departmen- third time in full. Passed. Yeas 18. istered Professional Land Surveyor tal request). Nays 0. No. 5828, be the same more or less, An emergency ordinance autho- but subject to all legal highways. rizing the sale of real property as Ord. No. 1208-96. part of the Land Reutilization Pro- By Councilmen Lewis, Jackson, P.P. No. 118-07-56 gram and located at 1890 and 1884 Rybka and Rokakis (by departmen- Situated in the City of Cleveland, East 70th Street to Alexander tal request). County of Cuyahoga and State of Boone. An emergency ordinance autho- Ohio, and known as the Northerly 44 Whereas, the City of Cleveland rizing the sale of real property as feet from front to rear of Sublot No. has elected to adopt and implement part of the Land Reutilization Pro- 30 and the Southerly 2 feet from the procedures under Chapter 5722 gram and located at East 70th front rear of Sublot No. 31 in of the Ohio Revised Code to facili- Street, 1875 East 70th Street and Streator and Adams Subdivision of tate reutilization of nonproductive 1879 East 70th Street to Robert Part of Original 100 Acre Lots Nos. lands situated within the City of Grace or designee. 338 and 341 as shown by the record- Cleveland; and Whereas, the City of Cleveland ed plat in Volume 4 of Maps, Page Whereas, real property acquired has elected to adopt and implement 4 of Cuyahoga County Records and under the City’s Land Reutilization the procedures under Chapter 5722 together forming a parcel of land 46 Program is acquired, held, adminis- of the Ohio Revised Code to facili- feet front on the Easterly side of tered and disposed of by the City of tate reutilization of nonproductive East 70th Street and extending back Cleveland through its Department lands situated within the City of of equal width 194 feet deep, as of Community Development under Cleveland; and appears by said plat, be the same the terms of Chapter 5722 of the Whereas, real property acquired more or less, but subject to all legal Ohio Revised Code and Section under the City’s Land Reutilization highways. 183.021 of Codified Ordinances of the Program is acquired, held, adminis- City of Cleveland, 1976; and tered and disposed of by the City of P. P. No. 118-07-057 Whereas, this ordinance consti- Cleveland through its Department Situated in the City of Cleveland, tutes an emergency measure pro- of Community Development under County of Cuyahoga and State of viding for the usual daily operation the terms of Chapter 5722 of the Ohio, and known as being all of of a municipal department; now, Ohio Revised Code and Section Sublot No. 29 and the Southerly one therefore, 183.021 of Codified Ordinances of the foot of Sublot No. 30 in the Streator Be it ordained by the Council of City of Cleveland, 1976; and and Adams Subdivision of a part of the City of Cleveland: Whereas, this ordinance consti- Original 100 Acre Lots Nos. 338 and Section 1. That pursuant to Sec- tutes an emergency measure pro- 341, as shown by the recorded plat tion 183.021 of the Codified Ordi- viding for the usual daily operation in Volume 4 of Maps, Page 4 and 5 nances of Cleveland, Ohio, 1976, the of a municipal department; now, of Cuyahoga County Records, and Commissioner of Purchases and Sup- therefore, together forming a parcel of land 47 plies is hereby authorized to sell Be it ordained by the Council of feet front on the Easterly side of Permanent Parcel No(s). 118-07-044 the City of Cleveland: East 70th Street (formerly Russell and 118-07-045, as more fully Section 1. That pursuant to Sec- Avenue) and extending back described in Section 2 below, to tion 183.021 of the Codified Ordi- between parallel lines 194 feet, as Alexander Boone. nances of Cleveland, Ohio, 1976, the appears by said plat, be the same Section 2. That the real property Commissioner of Purchases and Sup- more or less, but subject to all legal to be sold pursuant to Section 1 of plies is hereby authorized to sell highways. this Ordinance is more fully Permanent Parcel No(s). 118-07-055B, Section 3. That all documents nec- described as follows: 118-07-056, 118-07-057, as more fully essary to complete the conveyance described in Section 2 below, to authorized by this ordinance shall P.P. No. 118-07-044 Robert Grace or designee. be executed within six (6) months Situated in the City of Cleveland, Section 2. That the real property of the effective date of this ordi- County of Cuyahoga and State of to be sold pursuant to Section 1 of nance. If all of the documents are Ohio and known as being part of this Ordinance is more fully not executed within six (6) months Sublot No. 34 in Streator and Adams’ described as follows: of the effective date of this ordi- Subdivision of part of Original 100 nance, or such additional time as Acre Lots Nos. 338 and 341, as P.P. No. 118-07-055-B may be granted by the Director of shown by the recorded plat in Vol- Situated in the City of Cleveland, Community Development, this ordi- ume 4 of Maps, Page 4 of Cuyahoga County of Cuyahoga and State of nance shall be repealed and shall be County Records, and bounded and Ohio, and known as being all of of no further force or effect. described as follows: Sublots Nos. 29 and 30 and part of Section 4. That the consideration Beginning on the Northerly line of Sublot No. 31 in Streator and Adams for the subject parcel shall be estab- said Sublot No. 34 at the Northeast- Subdivision of part of Original 100 lished by the Board of Control and erly corner of the first parcel of Acre Lots Nos. 338 and 341 as shown shall be not less than Fair Market land conveyed to the Frank L. Cody by the recorded plat in Volume 4, Value taking into account such Building Company by deed recorded page 4 of Cuyahoga County Map terms and conditions, restrictions in Volume 607, Page 457 of Cuya- Records, and together forming a and covenants as are deemed nec- hoga County Records; thence East- parcel of land bounded and essary or appropriate. erly along the Northerly line of said described as follows: Section 5. That the conveyance Sublot No. 34, 167.71 feet to the Beginning at an iron pin set at a authorized hereby shall be made by Westerly line of East 70th Street, point on the easterly line of East official deed prepared by the Direc- (formerly Russell Avenue); thence 70th Street, 50 feet wide (formerly tor of Law and executed by the Southerly along said Westerly line Russell Street), said point being Mayor on behalf of the City of of East 70th Street, 65 feet to the Due South along the said easterly Cleveland. The deed shall contain Southeasterly corner of said Sublot line of East 70th Street 17.34 feet such provisions as may be neces- No. 34; thence Westerly along the from the northwesterly corner of sary to protect and benefit the pub- Southerly line of Sublot No. 34 to the said Sublot No. 31; thence South 89 lic interest. Southeasterly corner of said parcel 1159 30 The City Record June 19, 1996 so conveyed to the Frank L. Cody Ord. No. 1210-96. Ohio, and known as being part of Building Company; thence Northerly By Councilmen Lewis, Jackson, Sublots Nos. 36 and 37 in Streator & parallel with the Westerly line of Rybka and Rokakis (by departmen- Adams Subdivision of part of Origi- East 70th Street about 64.88 feet to tal request). nal 100 Acre Lots Nos. 338 & 341 as the place of beginning, be the same An emergency ordinance autho- shown by the recorded plat in Vol- more or less, but subject to all legal rizing the sale of real property as ume 4 of Maps, Page 4 of Cuyahoga highways. part of the Land Reutilization Pro- County Records, and together form- gram and located at 1880 East 70th ing a parcel of land bounded and P. P. No. 118-07-045 Street and 1876 East 70th Street to described as follows: Situated in the City of Cleveland, Gwendolyn and Jerold Sims. Beginning on the Westerly line of County of Cuyahoga and State of Whereas, the City of Cleveland East 70th Street (formerly Russell Ohio, and known as being part of has elected to adopt and implement Avenue) at a point distant 39 1/2 Sublot No. 35 in W.S. Steator and D. the procedures under Chapter 5722 feet Northerly from the Northeaster- Adams Subdivision of part of Origi- of the Ohio Revised Code to facili- ly corner of land conveyed by nal One Hundred Acre Lot Nos. 338 tate reutilization of nonproductive Charles S. Williamson to Mary T. and 341 as shown by the recorded lands situated within the City of Terry by deed dated June 1, 1901, plat in Volume 4 of Maps, Page 4 of Cleveland; and and recorded in Volume 794, Page Cuyahoga County Records, and Whereas, real property acquired 36 of Cuyahoga County Records; bounded and described as follows: under the City’s Land Reutilization thence Westerly on a line parallel Beginning in the Westerly line of Program is acquired, held, adminis- to the Northerly line of land so con- East 70th Street (formerly Russell tered and disposed of by the City of veyed to Mary T. Terry, 173 feet to Street) at the Southeasterly corner Cleveland through its Department the Easterly line of land conveyed of said Sublot No. 35; thence Norther- of Community Development under by Houston H. Poppleton and Luci- ly along the Westerly line of East the terms of Chapter 5722 of the na H. Poppleton to The Frank L. 70th Street, 56 feet; thence Westerly Ohio Revised Code and Section Cody Building Company by deed parallel with the Southerly line of 183.021 of Codified Ordinances of the dated March 11,1896, and recorded in Sublot No. 36 in said Subdivision City of Cleveland, 1976; and Volume 642, PageS of Cuyahoga 173.45 feet; thence Southerly 6 feet Whereas, this ordinance consti- County Records; thence Northerly to the Northerly line of a parcel of tutes an emergency measure pro- along said Easterly line of land so land conveyed by James L. Higgins, viding for the usual daily operation conveyed to said The Frank L. Cody to Mary T. Terry, and husband to of a municipal department; now, Building Company, 39 1/2 feet to the the Frank L. Cody Building Compa- therefore, Northwesterly corner of land con- ny, by deed dated March 9, 1896 and Be it ordained by the Council of veyed by Houston H. Poppleton recorded in Volume 629, Page 402; the City of Cleveland: (wife) to Charles S. Williamson by thence Westerly, along a Southerly Section 1. That pursuant to Sec- dated dated May 17, 1901 and record- line of land so conveyed to the tion 183.021 of the Codified Ordi- ed in Volume 785, Page 140 Cuya- Frank L. Cody Building Company, 3 nances of Cleveland, Ohio, 1976, the hoga County Records; thence East- feet; thence Southerly along the Commissioner of Purchases and Sup- erly along the Northerly line of land Easterly line of land so conveyed to plies is hereby authorized to sell so conveyed to Charles S. the Frank L. Cody Building Compa- Permanent Parcel No(s). 118-07-046 Williamson, 173 feet to the Wester- ny, 50 feet to the Southerly line of and 118-07-047, as more fully ly line of East 70th Street; thence said Sublot No. 35; thence Easterly described in Section 2 below, to Southerly along said Westerly line along the Southerly line of said Sub- Gwendolyn and Jerold Sims. of East 70th Street, about 391/2 feet lot No. 35, 176 feet to the place of Section 2. That the real property to the place of beginning, be the beginning, as appears by said plat, to be sold pursuant to Section 1 of same more or less, but subject to all be the same more or less, but sub- this Ordinance is more fully legal highways, together with and ject to all legal highways. described as follows: subject to an eight foot common dri- Section 3. That all documents nec- veway on the South, as the same essary to complete the conveyance P.P. No. 118-07-046 authorized by this ordinance shall Situated in the City of Cleveland, appears of record four feet of which be executed within six (6) months County of Cuyahoga and State of is on the premises above described. Section 3. That all documents nec- of the effective date of this ordi- Ohio, and known as being part of nance. If all of the documents are Sublots, Nos. 35 and 36 in Streator essary to complete the conveyance not executed within six (6) months and Adams Subdivision of part of authorized by this ordinance shall of the effective date of this ordi- Original One Hundred Acre Lots be executed within six (6) months nance, or such additional time as Nos. 338 and 341, as shown by the of the effective date of this ordi- may be granted by the Director of recorded plat in Volume 4 of Maps, nance. If all of the documents are Community Development, this ordi- Page 4 of Cuyahoga County not executed within six (6) months nance shall be repealed and shall be Records, and together forming a of the effective date of this ordi- of no further force or effect. parcel of land bounded and nance, or such additional time as Section 4. That the consideration described as follows: may be granted by the Director of for the subject parcel shall be estab- Beginning on the Westerly line of Community Development, this ordi- lished by the Board of Control and East 70th Street, (formerly Russell nance shall be repealed and shall be shall be not less than Fair Market Avenue), at the Northeasterly cor- of no further force or effect. Value taking into account such ner of land conveyed to Mary T. Section 4. That the consideration terms and conditions, restrictions Terry by deed dated June 1, 1901, for the subject parcel shall be estab- and covenants as are deemed nec- and recorded in Volume 794, Page lished by the Board of Control and essary or appropriate. 36 of Cuyahoga County Records; shall be not less than Fair Market Section 5. That the conveyance thence Northerly along said West- Value taking into account such authorized hereby shall be made by erly line of East 70th Street, 39 1/2 terms and conditions, restrictions official deed prepared by the Direc- feet; thence Westerly on a line par- and covenants as are deemed nec- tor of Law and executed by the allel to said Northerly line of land essary or appropriate. Mayor on behalf of the City of so conveyed to Mary T. Terry, 173 Section 5. That the conveyance Cleveland. The deed shall contain feet to the Easterly line of land con- authorized hereby shall be made by such provisions as may be neces- veyed to The Frank L. Cody Build- official deed prepared by the Direc- sary to protect and benefit the pub- ing Company by deed dated March tor of Law and executed by the lic interest. 11, 1896, and recorded in Volume 642, Mayor on behalf of the City of Section 6. That this ordinance is Page 5 of Cuyahoga County Cleveland. The deed shall contain hereby declared to be an emergency Records; thence Southerly along such provisions as may be neces- measure and, provided it receives said Easterly line of land so con- sary to protect and benefit the pub- the affirmative vote of two-thirds of veyed to The Frank L. Cody Build- lic interest. all the members elected to Council, ing Company 39 1/2 feet to the Section 6. That this ordinance is it shall take effect and be in force North Westerly corner of land so hereby declared to be an emergency immediately upon its passage and conveyed to Mary T. Terry; thence measure and, provided it receives approval by the Mayor; otherwise it Easterly along the Northerly line of the affirmative vote of two-thirds of shall take effect and be in force said land conveyed to Mary T. all the members elected to Council, from and after the earliest period Terry, 173 feet to the place of begin- it shall take effect and be in force allowed by law. ning. immediately upon its passage and Motion to suspend rules. Charter Subject to an easement recorded approval by the Mayor; otherwise it and statutory provisions and place in Volume 2135, Page 618 of Cuya- shall take effect and be in force on final passage. hoga County Records. from and after the earliest period The rules were suspended. Yeas allowed by law. 18. Nays 0. Read second time. Read P.P. No. 118-07-047 Motion to suspend rules. Charter third time in full. Passed. Yeas 18. Situated in the City of Cleveland, and statutory provisions and place Nays 0. County of Cuyahoga and State of on final passage. 1160 June 19, 1996 The City Record 31

The rules were suspended. Yeas and 226 in Streator and Adams Re- Motion to suspend rules. Charter 18. Nays 0. Read second time. Read Subdivision of part of Original 100 and statutory provisions and place third time in full. Passed. Yeas 18. Acre Lots Nos. 338 and 341 as shown on final passage. Nays 0. by the recorded plat in Volume 13, The rules were suspended. Yeas page 6 of Cuyahoga County Map 18. Nays 0. Read second time. Read Ord. No. 1211-96. Records and part of Sublot No. 31 in third time in full. Passed. Yeas 18. By Councilmen Lewis, Jackson, Streator and Adams Subdivision of Nays 0. Rybka and Rokakis (by departmen- part of Original 100 Acre Lots Nos. tal request). 338 and 341 as shown by the record- Ord. No. 1212-96. An emergency ordinance autho- ed plat in Volume 4, page 4 of Cuya- By Councilmen Lewis, Jackson, rizing the sale of real property as hoga County Map Records, and Rybka and Rokakis (by departmen- part of the Land Reutilization Pro- together forming a parcel of land tal request). gram and located at East 70th bounded and described as follows: An emergency ordinance autho- Street to Briant J. Taylor. Beginning at a point on the east- rizing the sale of real property as Whereas, the City of Cleveland erly line of East 70th Street 50 feet part of the Land Reutilization Pro- has elected to adopt and implement wide (formerly Russell Street), said gram and located at 1890 East 79th the procedures under Chapter 5722 point being an iron pin set on the Street, 1898-1900 East 79th Street, of the Ohio Revised Code to facili- northwesterly corner of said Sublot 1904 - East 79th Street to Cynthia tate reutilization of nonproductive No. 225, thence South 89 degrees 31' H.D. Moore. lands situated within the City of 36" East, 168.83 feet to an iron pin Whereas, the City of Cleveland Cleveland; and set in the northeasterly corner of has elected to adopt and implement Whereas, real property acquired said Sublot No. 225; the procedures under Chapter 5722 of the Ohio Revised Code to facili- under the City’s Land Reutilization Thence South 0 degrees 02' 03" tate reutilization of nonproductive Program is acquired, held, adminis- East, along the easterly line of Sub- lands situated within the City of tered and disposed of by the City of lot No. 225, and continuing along the easterly line of Sublot No. 226, a dis- Cleveland; and Cleveland through its Department Whereas, real property acquired of Community Development under tance of 101.29 feet to an iron pin set in the southeasterly corner under the City’s Land Reutilization the terms of Chapter 5722 of the Program is acquired, held, adminis- Ohio Revised Code and Section thereof; Thence South 89 degrees 32' 13" tered and disposed of by the City of 183.021 of Codified Ordinances of the East along the northerly line of the Cleveland through its Department City of Cleveland, 1976; and aforementioned Sublot No. 31, a dis- of Community Development under Whereas, this ordinance consti- tance of 26.32 feet to an iron pin set the terms of Chapter 5722 of the tutes an emergency measure pro- in the northeasterly corner thereof; Ohio Revised Code and Section viding for the usual daily operation Thence South 0 degrees 03' 46" 183.021 of Codified Ordinances of the of a municipal department; now, East along the easterly line of said City of Cleveland, 1976; and therefore, Sublot No. 31, a distance of 17.34 feet Whereas, this ordinance consti- Be it ordained by the Council of to an iron pin set; tutes an emergency measure pro- the City of Cleveland: Thence North 89 degrees 32' 13" viding for the usual daily operation Section 1. That pursuant to Sec- West along a line parallel to the of a municipal department; now, tion 183.021 of the Codified Ordi- northerly line of said Sublot No. 31, therefore, nances of Cleveland, Ohio, 1976, the and distant southerly 17.34 feet, a Be it ordained by the Council of Commissioner of Purchases and Sup- distance of 195.19 feet to an iron pin the City of Cleveland: plies is hereby authorized to sell set in the easterly line of East 70th Section 1. That pursuant to Sec- Permanent Parcel Nos. 118-07-054 Street; tion 183.021 of the Codified Ordi- and 118-07-055 (parcel A), as more Thence due North along the said nances of Cleveland, Ohio, 1976, the fully described in Section 2 below, easterly line of East 70th Street, Commissioner of Purchases and Sup- to Briant J. Taylor. 118.66 feet to the Point of Beginning plies is hereby authorized to sell Section 2. That the real property and containing 20,490 square feet of Permanent Parcel No(s). 118-10-001, to be sold pursuant to Section 1 of land according to a survey by 002, 003, 004, 005, as more fully this Ordinance is more fully Ronald V. Garnett, Registered Pro- described in Section 2 below, to Cyn- described as follows: fessional Land Surveyor No. 5828, be thia H.D. More. the same more or less, but subject Section 2. That the real property P.P. No. 118-07-054 to all legal highways. to be sold pursuant to Section 1 of Situated in the City of Cleveland. Section 3. That all documents nec- this Ordinance is more fully County of Cuyahoga and State of essary to complete the conveyance described as follows: Ohio and known as being part of authorized by this ordinance shall Sublot No. 225 in Streator and be executed within six (6) months P.P. No. 118-10-001 Adams Re-Subdivision of part of of the effective date of this ordi- Situated in the City of Cleveland, Original 100 Acre Lots Nos. 338 and nance. If all of the documents are County of Cuyahoga and State of 341, as shown by the recorded plat not executed within six (6) months Ohio, and known as being Sublot No. of said Re-Subdivision in Volume 13 of the effective date of this ordi- 15 and the Northerly 21 feet 3 inch- of Maps, Page 6 of Cuyahoga Coun- nance, or such additional time as es of Sublot No. 14 in D.E. and L.E. ty Records, and being a parcel of may be granted by the Director of Holden’s Re-Allotment of their allot- land bounded and described as fol- Community Development, this ordi- ment of part of Original One Hun- lows: nance shall be repealed and shall be dred Acre Lot No. 339, as shown by Beginning on the Easterly line of of no further force or effect. the recorded plat of said Allotment East 70th Street (formerly Russell Section 4. That the consideration in Volume 4 of Maps, Page 49 of Street) at the Northwesterly corner for the subject parcel shall be estab- Cuyahoga County Records, and together forming a parcel of land 65 of said Sublot No. 225; thence lished by the Board of Control and feet front on the Westerly side of Southerly along said Easterly line shall be not less than Fair Market Value taking into account such East Madison Avenue (now known of East 70th Street, 44-32/100 feet to terms and conditions, restrictions as East 79th Street) and extending a point, 5-68/100 feet Northerly and covenants as are deemed nec- back of equal width 160 feet, 6 inch- (measured along said Easterly essary or appropriate. es deep, excepting, however, from line), from the Southwesterly corner Section 5. That the conveyance the above described parcel of land, of said Sublot No. 225; thence East- authorized hereby shall be made by a strip 9 feet in width taken from erly on a line parallel to the official deed prepared by the Direc- the Easterly end thereof for the pur- Southerly line of said Sublot No. 225 tor of Law and executed by the pose of widening East Madison about 168-85/100 feet to the Easter- Mayor on behalf of the City of Avenue, be the same more or less, ly line of said Sublot No. 225; thence Cleveland. The deed shall contain but subject to all legal highways. Northerly along said Easterly line such provisions as may be neces- Subject to Zoning Ordinance, if of Sublot No. 225, 44-32/100 feet to sary to protect and benefit the pub- any. the Northeasterly corner of said Sub- lic interest. lot No. 225; thence Westerly along Section 6. That this ordinance is P.P. No. 118-10-002 said Northerly line of Sublot No. 225, hereby declared to be an emergency Situated in the City of Cleveland, 168-83/100 feet to the place of begin- measure and, provided it receives County of Cuyahoga, State of Ohio, ning, be the same more or less, but the affirmative vote of two-thirds of and known as being the Northerly subject to all legal highways. all the members elected to Council, 25 feet of Sublot No. 13 and the it shall take effect and be in force Southerly 23 feet, 9 inches of Sublot P.P. No. 118-07-055 immediately upon its passage and No. 14 in D.E. and L.E. Holden’s Re- Parcel A approval by the Mayor; otherwise it Subdivision of part of Original 100 Situated in the City of Cleveland, shall take effect and be in force Acre Lot No. 339, as shown by the County of Cuyahoga and State of from and after the earliest period recorded plat in Volume 4 of Maps, Ohio, and known Sublots Nos. 225 allowed by law. Page 49 of Cuyahoga County 1161 32 The City Record June 19, 1996

Records, and together forming a Ord. No. 1213-96. measure and, provided it receives parcel of land having a frontage of By Councilman Lewis. the affirmative vote of two-thirds of 53 feet, 9 inches on the Westerly An emergency ordinance autho- all the members elected to Council, side of East 79th Street (formerly rizing and directing the Director of it shall take effect and be in force East Madison Avenue) and extend- Public Service to issue a permit to immediately upon its passage and ing back of equal width 151 feet, 6 the Ministerial Head Start Superior approval by the Mayor; otherwise it inches to an unnamed 12 foot alley, Academy to stretch small flags on shall take effect and be in force as appears by said plat, be the same various light poles on Superior from and after the earliest period more or less, but subject to all legal Avenue, between Addison and Gid- allowed by law. highways. dings, for the period from July 15, Motion to suspend rules. Charter 1996 to August 15, 1996, inclusive, and statutory provisions and place publicizing its Grand Opening. on final passage. P. P. No. 118-10-003, 004 and 005 Whereas, this ordinance consti- The rules were suspended. Yeas Situated in the City of Cleveland, tutes an emergency measure pro- 18. Nays 0. Read second time. Read County of Cuyahoga and State of viding for the usual daily operation third time in full. Passed. Yeas 18. Ohio, and known as being Sublot No. of a municipal department; now, Nays 0. 12 and the Southerly 20 feet to rear therefore, Sublot No. 13 in D.E. and L.E. Hold- Be it ordained by the Council of Ord. No. 1215-96. en Re-Allotment of part of Original the City of Cleveland: By Councilmen Patmon and One Hundred Acre Lot No. 339, as Section 1. That notwithstanding Rokakis (by departmental request). shown by the recorded plat in Vol- the provision of Section 623.13 of the An emergency ordinance autho- ume 4 of Maps, Page 49 of Cuya- Codified Ordinances of Cleveland, rizing the Director of Personnel and hoga County Records, and together Ohio, 1976, the Director of Public Human Resources to lease space at forming a parcel of land having a Service is hereby authorized and Rockwell Towers, 1701 East 13th frontage of 65 feet on the Westerly directed to issue a permit to the Street from the Rockwell Company, side of East 79th Street (formerly Ministerial Head Start Superior or their designees, for a term not to East Madison Avenue) and extend- Academy to install, maintain and exceed five years, with five one- ing back of equal width 160 feet 6 remove small flags on various light year options to renew, for the pub- inches to an unnamed 12 foot alley, poles on Superior Avenue, between lic purpose of providing office space as appears by said plat, excepting Addison and Giddings for the peri- for Cleveland Job Training and therefrom a strip of land 9 feet in od from July 15, 1996 to August 15, Placement System of the Depart- width from the Easterly end of said 1996, inclusive. Said small flags ment of Personnel and Human Sublot No. 12 ad part of Sublot No. shall be approved by the Director of Resources. 13 taken for purposes of widening Public Service, in consultation with Whereas, the City of Cleveland East 79th Street, be the same more the Director of Public Safety, as to requires certain space located at type, method of affixing and loca- Rockwell Towers, 1701 East 13th or less, but subject to all legal high- tion so as not to interfere with any Street for the public purpose of pro- ways. sign erected and maintained under viding office space for the Cleve- And by Quit Claim Deed dated the requirements of law or ordi- land Job Training and Placement May 13, 1985, recorded May 14, 1985 nance. The permission of the owner System of the Department of Per- in Volume 85-2891, Page 58. of any pole from which small flags sonnel and Human Resources; and 3693 Hildana Road, Shaker will be hung must be obtained prior Whereas, The Rockwell Company, Heights, OH 44120 to issuance of the permit. No com- or their designees, has proposed to Subject to Zoning Ordinances, if mercial advertising shall be printed lease said space to the City of any. or permitted on said small flags and Cleveland; and Section 3. That all documents nec- said small flags shall be removed Whereas, this ordinance consti- essary to complete the conveyance promptly upon the expiration of tutes an emergency measure pro- authorized by this ordinance shall said permit. viding for the usual daily operation be executed within six (6) months Section 2. That this ordinance is of a municipal department; now, of the effective date of this ordi- hereby declared to be an emergency therefore, nance. If all of the documents are measure and, provided it receives Be it ordained by the Council of not executed within six (6) months the affirmative vote of two-thirds of the City of Cleveland: of the effective date of this ordi- all the members elected to Council, Section 1. That notwithstanding nance, or such additional time as it shall take effect and be in force and as an exception to the provi- may be granted by the Director of immediately upon its passage and sions of Chapters 181 and 183 of the Community Development, this ordi- approval by the Mayor; otherwise it Codified Ordinances of Cleveland, nance shall be repealed and shall be shall take effect and be in force Ohio, 1976, the Director of Personnel of no further force or effect. from and after the earliest period and Human Resources is authorized allowed by law. to lease from The Rockwell Compa- Section 4. That the consideration Motion to suspend rules. Charter ny, or their designees, approximate- for the subject parcel shall be estab- and statutory provisions and place ly 33,302 square feet of space in the lished by the Board of Control and on final passage. Rockwell Towers, 1701 East 13th shall be not less than Fair Market The rules were suspended. Yeas Street, Cleveland, Ohio 44114, in the Value taking into account such 18. Nays 0. Read second time. Read amounts as follows: approximately terms and conditions, restrictions third time in full. Passed. Yeas 18. 24,083 square feet on the second and covenants as are deemed nec- Nays 0. floor; approximately 6,402 square essary or appropriate. feet on the first floor; and approxi- Section 5. That the conveyance Ord. No. 1214-96. mately 2,807 square feet of storage authorized hereby shall be made by By Councilmen Miller and in the basement. official deed prepared by the Direc- Rokakis (by departmental request). Section 2. That the term of the tor of Law and executed by the An emergency ordinance to repeal lease authorized by Section 1 shall Mayor on behalf of the City of Ordinance No. 876-96, passed June not exceed five years, with five one- Cleveland. The deed shall contain 10, 1996, relating to authorizing the year options exercisable by the such provisions as may be neces- Director of Port Control to enter Director of Personnel and Human sary to protect and benefit the pub- into agreements with parking lot Resources, and cancellable upon lic interest. operators located off airport proper- thirty days written notice by said Section 6. That this ordinance is ty, in order to assess fees to such director. hereby declared to be an emergency companies for use of airport prop- Section 3. That the rent for the measure and, provided it receives erty in the conduct of the compa- lease authorized by Section 1 shall the affirmative vote of two-thirds of nies’ business at Cleveland Hopkins not exceed $7.00 per square foot, all the members elected to Council, International Airport, and to issue exclusive of utilities, plus a two- it shall take effect and be in force permits for the use of airport prop- month rental deposit. The total erty pursuant to said agreements. annual rent, excluding any deposit, immediately upon its passage and Whereas, this ordinance consti- shall not exceed $233,144.00. approval by the Mayor; otherwise it tutes an emergency measure pro- Section 4. That the lease may shall take effect and be in force viding for the usual daily operation authorize the City to make improve- from and after the earliest period of a municipal department; now, ments to the leased premises under allowed by law. therefore, terms to be determined by the par- Motion to suspend rules. Charter Be it ordained by the Council of ties consistent with the public pur- and statutory provisions and place the City of Cleveland: pose or purposes of office space for on final passage. Section 1. That Ordinance No. 876- the Cleveland Job Training and The rules were suspended. Yeas 96, passed June 10, 1996, is hereby Placement System of the Depart- 18. Nays 0. Read second time. Read repealed. ment of Personnel and Human third time in full. Passed. Yeas 18. Section 2. That this ordinance is Resources. Nays 0. hereby declared to be an emergency Section 5. That the lease may pro- 1162 June 19, 1996 The City Record 33 vide for the City’s payment of Motion to suspend rules. Charter Section 1. That the Director of appropriate utility and other oper- and statutory provisions and place Personnel and Human Resources, is ating costs of the leased premises. on final passage. hereby authorized and directed to Section 6. That the cost of the The rules were suspended. Yeas enter into contract with Malco, Inc., lease shall be paid from Fund No. 18. Nays 0. Read second time. Read or its designee, for professional ser- 15 SF 060, Request No. 22480. third time in full. Passed. Yeas 18. vices necessary to provide cus- Section 7. That the lease shall pro- Nays 0. vide that the City shall have the tomized occupational skills training for eligible economically disadvan- right to cancel the lease in any year Ord. No. 1216-96. taged youth and adults and dislo- program funds for the payment of By Councilmen Patton and rent are no longer available from Rokakis (by departmental request). cated workers under the Job Train- the State or federal government. An emergency ordinance autho- ing Partnership Act, in the total Section 8. That the lease shall be rizing and directing the Director of sum of $125,000.00, payable from prepared by the Director of Law and Personnel and Human Resources to Fund Nos. 15 SF 051 and 15 SF 055, shall contain such authorized terms enter into contract with Malco, Inc., Request Nos. 22929 and 22930, for and conditions as are required to or its designee, for customized occu- the Department of Personnel and protect the interests of the City. pational skills training, for the Human Resources. Section 9. That the Director of Department of Personnel and Section 2. That this ordinance is Personnel and Human Resources Human Resources. and the Director of Law, and other hereby declared to be an emergency appropriate City officials, are autho- Whereas, Malco, Inc. has applied measure and, provided it receives rized to execute such other docu- for a loan through the City’s Depart- the affirmative vote of two-thirds of ments and certificates, and take ment of Economic Development to all the members elected to Council, such other actions as may be nec- acquire new computer equipment; it shall take effect and be in force essary or appropriate to effect the and immediately upon its passage and lease authorized by this ordinance. Whereas, Malco, Inc. desires to approval by the Mayor; otherwise it train eligible economically disad- Section 10. That this ordinance is shall take effect and be in force vantaged youth and adults and dis- hereby declared to be an emergency from and after the earliest period measure and, provided it receives located workers to operate that equipment; and allowed by law. the affirmative vote of two-thirds of Motion to suspend rules. Charter all the members elected to Council, Whereas, this ordinance consti- it shall take effect and be in force tutes an emergency measure pro- and statutory provisions and place immediately upon its passage and viding for the usual daily operation on final passage. approval by the Mayor; otherwise it of a municipal department; now, The rules were suspended. Yeas shall take effect and be in force therefore, 18. Nays 0. Read second time. Read from and after the earliest period Be it ordained by the Council of third time in full. Passed. Yeas 18. allowed by law. the City of Cleveland: Nays 0.

Ord. No. 1217-96. By Councilmen Patton and Rokakis (by departmental request). An emergency ordinance authorizing and directing the Director of Public Utilities to make alterations and mod- ification in Contract No. 48230 for the Crown-Morgan Interconnect Project, Phase III, with Lott Construction Co./Triad Engineering and Contracting, Inc. for the Department of Public Utilities. Whereas, Ordinance No. 1608-95, passed October 23, 1995, authorized the Director of Public Utilities to enter into a subsidiary agreement to City Contract No. 48230 with Lott Construction Co./Triad Engineering and Contract- ing, Inc.; and Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Utilities is hereby authorized and directed to make the following alter- ations and modifications in Contract No. 48230 with Lott Construction Co./Triad Engineering and Contracting, Inc. for the Crown-Morgan Interconnect Project, Phase III, for the Department of Public Utilities:

Work Item Estimated Unit Unofficial Description Quantity Price Extension

STORM SEWER REPLACEMENT

Storm sewer installation - 12" VCP 900 lf $ 90.00 $ 81,000.00 - 15" VCP 902 lf $ 98.00 $ 88,396.00 Manholes 13 each $ 2,586.00 $ 33,618.00 Catch basins 7 each $ 1,421.00 $ 9,947.00 12x6 wyes 19 each $ 163.00 $ 3,097.00 15x6 wyes 17 each $ 263.00 $ 4,471.00 ______SUBTOTAL: $220,529.00

ROADWAY REPLACEMENT

Remove existing curb 1520 lf $ 4.25 $ 6,460.00 Remove aprons 265 sq. yd. $ 21.00 $ 5,565.00 4" underdrain 1520 lf $ 8.65 $ 13,148.00 Install new curbs 1520 lf $ 11.50 $ 17,480.00 Install new aprons 265 sq. yd. $ 60.25 $ 15,966.25 Plane and resurface 2533 sq. yd. $ 4.70 $ 11,905.10 roadway Remove/Replace road castings - Catch Basins 7 each $ 700.00 $ 4,900.00 - Sewer covers 4 each $ 800.00 $ 3,200.00 Remobilization, if/as Lump Sum $ 4,500.00 $ 4,500.00 required concrete Lump Sum $ 5,066.00 $ 5,066.00 asphalt 1163 34 The City Record June 19, 1996

Traffic Maintenance Lump Sum $ 6,512.00 $ 6,512.00 Additional Bond Cost Lump Sum $______500.00

subtotal: $ 95,202.35

Plus 5% $ 4,760.12 ______SUBTOTAL: $ 99,962.47

TOTAL STORM SEWER AND ROADWAY REPLACEMENT $320,491.47

Original Contract Amount $ 3,383,578.00 First Subsidiary Additions +638,027.62 (Ord. No. 1608-95) Revised Contract Amount $ 4,021,605.62

Revised Contract Amount $ 4,021,605.62 Additions this subsidiary +320,491.47 TOTAL REVISED CONTRACT AMOUNT $ 4,342,097.09 which alteration has been recommended in writing by the said Director of Public Utilities, countersigned by the Mayor, and consented to by the surety on said contract, which price to be paid therefor has been agreed upon in writing and signed by the Director of Public Utilities and the Contractor. This alteration will cause an increase in the amount of the original contract amount, as revised pursuant to Ordinance No. 1608-95, passed October 23, 1995, in the sum of $320,491.47, to be paid from Fund Nos. 52 SF 219 and 10 SF 401. Section 2. That the Director of Public Service and the Director of Public Utilities hereby acknowledge that the Department of Public Service shall reimburse the Division of Water for the roadway replacement portion of the work. Accordingly, the Director of Public Service is hereby authorized and directed to transfer funds to the Divi- sion of Water to reimburse the Division of Water for such costs. Section 3. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Motion to suspend rules. Charter and statutory provisions and place on final passage. The rules were suspended. Yeas 18. Nays 0. Read second time. Read third time in full. Passed. Yeas 18. Nays 0.

Ord. No. 1218-96. 112, as more fully described in Sec- ment No. 1 of part of Original One By Councilmen Robinson, Jack- tion 2 below, to Mt. Pleasant Now Hundred Acre Lot Nos. 445 and 453, son, Rybka and Rokakis (by depart- Development Corporation. as shown by the recorded plat in mental request). Section 2. That the real property Volume 14 of Maps, Page 30 of An emergency ordinance autho- to be sold pursuant to Section 1 of Cuyahoga County Records and rizing the sale of real property as this Ordinance is more fully being 40 feet front on the Westerly part of the Land Reutilization Pro- described as follows: side of East 130th Street (formerly gram and located at 11813 Imperial Louise Street), and extending back Avenue, 3448 East 130th Street, 3452 P.P. No. 129-27-081 of equal width 164 feet, as appears East 130th Street, 3547 East 140th Situated in the City of Cleveland, by said plat, be the same more or Street, 3665 East 143rd Street, 13400 County of Cuyahoga and State of less, but subject to all legal high- Lambert Avenue, 3614 East 143rd Ohio, and known as being Sublot No. ways. Street and 3656 East 154th Street to 9 in the Woodhill Park Sanda Allot- Mt. Pleasant Now Development Cor- ment of part of Original One Hun- P.P. No. 139-01-151 poration. dred Acre Lot Nos. 436 and 437, as Situated in the City of Cleveland, Whereas, the City of Cleveland shown by the recorded plat in Vol- County of Cuyahoga and State of has elected to adopt and implement ume 48 of Maps, Page 10 of Cuya- Ohio, and known as being Sublot No. the procedures under Chapter 5722 hoga County Records and being 40 9 in Bartlett Homestead Subdivision of the Ohio Revised Code to facili- feet front on the Northerly side of No. 1 of part of Original War- tate reutilization of nonproductive Imperial Avenue, S.E., and extend- rensville Township Lot No. 51, as lands situated within the City of ing back between lines, 120 feet shown by the recorded plat in Vol- Cleveland; and deep, be the same more or less, but ume 46 of Maps, Page 14 of Cuya- Whereas, real property acquired subject to all legal highways. hoga County Records, and being 40 under the City’s Land Reutilization Also subject to zoning ordinances, feet front on the Easterly side of Program is acquired, held, adminis- if any. East 140th Street, and extending tered and disposed of by the City of back 167.25 feet on Northerly line, Cleveland through its Department P.P. No. 130-23-019 167.36 feet on the Southerly line, and of Community Development under Situated in the City of Cleveland, having rear line of 40 feet, as the terms of Chapter 5722 of the County of Cuyahoga and State of appears by said plat, be the same Ohio Revised Code and Section Ohio, and known as being Sublot No. more or less, but subject to all legal 183.021 of Codified Ordinances of the 38 in William H. Kelly’s Heirs Allot- highways. City of Cleveland, 1976; and ment of part of Original One Hun- Subject to zoning ordinances, if Whereas, this ordinance consti- dred Acre Lot Nos. 453 and 445, as any. tutes an emergency measure pro- shown by the recorded plat in Vol- viding for the usual daily operation ume 14 of Maps, Page 30 of Cuya- P.P. No. 139-02-137 of a municipal department; now, hoga County Records and being 40 Situated in the City of Cleveland, therefore, feet front on the Westerly side of County of Cuyahoga and State of Be it ordained by the Council of East 130th Street (formerly Louise Ohio, and known as being Sublot No. the City of Cleveland: Avenue) and extending back of 81 in the Kinner Allotment of part Section 1. That pursuant to Sec- equal width 164 feet, as appears by of Original Warrensville Township tion 183.021 of the Codified Ordi- said plat. Lot Nos. 51 and 61, as shown by the nances of Cleveland, Ohio, 1976, the recorded plat in Volume 40 of Maps, Commissioner of Purchases and Sup- P.P. No. 130-23-020 Page 9 of Cuyahoga County Records plies is hereby authorized to sell Situated in the City of Cleveland, and being a parcel of land 40 feet Permanent Parcel No(s). 129-27-081, County of Cuyahoga and State of front on the Easterly side of East 130-23-019, 130-23-020, 139-01-151, 139- Ohio, and known as being Sublot No. 143rd Street and extending back of 02-137, 137-12-090, 139-01-091, 139-19- 39 in the W.H. Kelley Heirs’ Allot- equal width 103.31 feet, as appears 1164 June 19, 1996 The City Record 35 by said plat, be the same more or shall take effect and be in force viding for the usual daily operation less, but subject to all legal high- from and after the earliest period of a municipal department; now, ways. allowed by law. therefore, Motion to suspend rules. Charter Be it ordained by the Council of P.P. No. 137-12-090 and statutory provisions and place the City of Cleveland: Situated in the City of Cleveland, on final passage. Section 1. That the sum of Three County of Cuyahoga and State of The rules were suspended. Yeas Hundred Thousand Dollars Ohio, and known as being Sublot No. 18. Nays 0. Read second time. Read ($300,000) be the same and hereby 28A in M.S. Melzers Mount Pleasant third time in full. Passed. Yeas 18. transferred as follows: Subdivision of part of Original One Nays 0. Hundred Acre Lot No. 454, as shown GENERAL FUND by the recorded plat in Volume 50 Ord. No. 1219-96. of Maps, Page 35 of Cuyahoga Coun- By Councilman Robinson. DIVISION OF ty Records, and being 40 feet front An emergency ordinance autho- PROPERTY MANAGEMENT on the Southerly side of Lambert rizing and directing the Director of Public Service to issue a permit to Avenue, S.E., and extending back FROM TO 139.17 feet on the Easterly line, the Mt. Pleasant Community Coun- cil to stretch banners on Kinsman I. Personnel and 139.27 feet on the Westerly line and Related having a rear line of 40 feet, as at Martin Luther King Dr., Kinsman Expenses $300,000 appears by said plat, be the same at E. 118th Street, Kinsman at E. more or less, but subject to all legal 143rd Street, and Martin Luther highways. King Dr. and Parkhill for the peri- II. Other Expenses $300,000 od from July 15, 1996 to August 5, P.P. No. 139-01-091 1996, inclusive, publicizing its 33rd TOTAL GENERAL______Community/Family Day. Situated in the City of Cleveland, FUND $300,000 $300,000 Whereas, this ordinance consti- County of Cuyahoga and State of tutes an emergency measure pro- Ohio, and known as being Sublot No. Section 2. That this ordinance is viding for the usual daily operation hereby declared to be an emergency 56 in the Kinner Allotment of part of a municipal department; now, measure and, provided it receives of Original Warrensville Township therefore, the affirmative vote of two-thirds of Lot Nos. 51 and 61, as shown by the Be it ordained by the Council of all the members elected to Council, recorded plat in Volume 40 of Maps, the City of Cleveland: it shall take effect and be in force Page 9 of Cuyahoga County Records Section 1. That notwithstanding immediately upon its passage and and being 40 feet front on the West- the provision of Section 623.13 of the approval by the Mayor; otherwise it erly side of East 143rd Street, and Codified Ordinances of Cleveland, shall take effect and be in force extending back between lines 100 Ohio, 1976, the Director of Public feet deep, be the same more or less, Service is hereby authorized and from and after the earliest period but subject to all legal highways. directed to issue a permit to the Mt. allowed by law. Pleasant Community Council to Motion to suspend rules. Charter P.P. No. 139-19-112 install, maintain and remove ban- and statutory provisions and place Situated in the City of Cleveland, ners on Kinsman at Martin Luther on final passage. County of Cuyahoga and State of King Dr., Kinsman at E. 118th The rules were suspended. Yeas Ohio, and known as being Sublot No. Street, Kinsman at E. 143rd Street, 18. Nays 0. Read second time. Read 157 in the Shaker Overlook Land and Martin Luther King Dr. and third time in full. Passed. Yeas 18. Company’s Subdivision of part of Parkhill for the period from July 15, Nays 0. Original Warrensville Township Lot 1996 to August 5, 1996, inclusive. Nos. 51, 52, 61 and 62, as shown by Said banners shall be approved by Ord. No. 1221-96. the recorded plat in Volume 65 of the Director of Public Service, in By Councilman Smith. Maps, Page 36 of Cuyahoga County consultation with the Director of An emergency ordinance autho- Records, and being 40 feet front on Public Safety, as to type, method of rizing and directing the Director of the Westerly side of East 154th affixing and location so as not to Public Service to issue a permit to Street, (formerly Liberty Boule- interfere with any sign erected and St. Ignatius High School to stretch vard), and extending back of equal maintained under the requirements small flags on various light poles width 133 feet, as appears by said of law or ordinance. The permission on Lorain Avenue, between W. 28th plat, be the same more or less, but of the owner of any pole from which and W. 30th Streets, for the period subject to all legal highways. banners will be hung must be from August 15, 1996 to September 15, 1996, inclusive, publicizing its Section 3. That all documents nec- obtained prior to issuance of the Reunion and Cleveland’s Bicenten- essary to complete the conveyance permit. No commercial advertising nial. authorized by this ordinance shall shall be printed or permitted on said banners and said banners shall be Whereas, this ordinance consti- be executed within six (6) months tutes an emergency measure pro- of the effective date of this ordi- removed promptly upon the expira- tion of said permit. viding for the usual daily operation nance. If all of the documents are of a municipal department; now, not executed within six (6) months Section 2. That this ordinance is hereby declared to be an emergency therefore, of the effective date of this ordi- Be it ordained by the Council of nance, or such additional time as measure and, provided it receives the affirmative vote of two-thirds of the City of Cleveland: may be granted by the Director of Section 1. That notwithstanding Community Development, this ordi- all the members elected to Council, it shall take effect and be in force the provision of Section 623.13 of the nance shall be repealed and shall be Codified Ordinances of Cleveland, of no further force or effect. immediately upon its passage and approval by the Mayor; otherwise it Ohio, 1976, the Director of Public Section 4. That the consideration shall take effect and be in force Service is hereby authorized and for the subject parcel shall be estab- from and after the earliest period directed to issue a permit to St. lished by the Board of Control and allowed by law. Ignatius High School to install, shall be not less than Fair Market Motion to suspend rules. Charter maintain and remove small flags on Value taking into account such and statutory provisions and place various light poles on Lorain terms and conditions, restrictions on final passage. Avenue, between W. 28th and W. and covenants as are deemed nec- The rules were suspended. Yeas 30th Streets, for the period from essary or appropriate. 18. Nays 0. Read second time. Read August 15, 1996 to September 15, Section 5. That the conveyance third time in full. Passed. Yeas 18. 1996, inclusive. Said small flags authorized hereby shall be made by Nays 0. shall be approved by the Director of official deed prepared by the Direc- Public Service, in consultation with tor of Law and executed by the Ord. No. 1220-96. the Director of Public Safety, as to Mayor on behalf of the City of By Councilman Rokakis (by type, method of affixing and loca- Cleveland. The deed shall contain departmental request). tion so as not to interfere with any such provisions as may be neces- An emergency ordinance to trans- sign erected and maintained under sary to protect and benefit the pub- fer the sum of Three Hundred Thou- the requirements of law or ordi- lic interest. sand Dollars ($300,000) within the nance. The permission of the owner Section 6. That this ordinance is Division of Property Management of of any pole from which small flags hereby declared to be an emergency the General Fund. will be hung must be obtained prior measure and, provided it receives Whereas, in accordance with Sec- to issuance of the permit. No com- the affirmative vote of two-thirds of tion 41 of the Charter, the Mayor mercial advertising shall be printed all the members elected to Council, has recommended in writing the or permitted on said small flags and it shall take effect and be in force within transfer; and said small flags shall be removed immediately upon its passage and Whereas, this ordinance consti- promptly upon the expiration of approval by the Mayor; otherwise it tutes an emergency measure pro- said permit. 1165 36 The City Record June 19, 1996

Section 2. That this ordinance is appropriate to recognize Mercedes on other legal grounds as set forth hereby declared to be an emergency Cotner for her years of dedicated in Revised Code Section 4303.292; measure and, provided it receives service to the citizens of Cleveland; and the affirmative vote of two-thirds of and Whereas, this resolution consti- all the members elected to Council, Whereas, this ordinance consti- tutes an emergency measure pro- it shall take effect and be in force tutes an emergency measure pro- viding for the immediate preserva- immediately upon its passage and viding for the usual daily operation tion of the public peace, property, approval by the Mayor; otherwise it of a municipal department; now, safety and welfare pursuant to Sec- shall take effect and be in force therefore, tion 4303.26 of the Ohio Revised from and after the earliest period Be it ordained by the Council of Code. Council’s objection to said per- allowed by law. the City of Cleveland: mit must be received by the Direc- Motion to suspend rules. Charter Section 1. That the name of City tor of Liquor Control within 30 days and statutory provisions and place Hall Room 217, the City Council of notification; now, therefore, on final passage. Committee Room, is hereby changed Be it resolved by the Council of The rules were suspended. Yeas to The Mercedes Cotner Committee the City of Cleveland: 18. Nays 0. Read second time. Read Room. Section 1. That Council does here- third time in full. Passed. Yeas 18. Section 2. That the Director of by record its objection to the trans- Nays 0. Parks, Recreation and Properties is fer of location of a D4 Liquor Per- hereby authorized and directed to mit from Permit No. 26155980007, Fai Ord. No. 1223-96. give effect to this ordinance by the Com Club, 12020 Mayfield Road, By Councilman Westbrook. placing of an appropriate plaque to Cleveland, Ohio 44106, to Permit No. An emergency ordinance to amend reflect the change of name. 2615598-00071, Fai Com Club, 12117 Section 1 of Resolution No. 1122-96, Section 3. That this ordinance is Mayfield Road, Cleveland, Ohio 44106, and requests the Director of adopted June 10, 1996, relating to hereby declared to be an emergency Liquor Control to set a hearing for the laying, relaying and repairing measure and, provided it receives said application in accordance with of sidewalks and curbing on certain the affirmative vote of two-thirds of provisions of Section 4303.26 of the streets. all the members elected to Council, Revised Code of Ohio. Whereas, this ordinance consti- it shall take effect and be in force Section 2. That the Clerk of Coun- tutes an emergency measure pro- immediately upon its passage and cil be and she hereby is directed to viding for the usual daily operation approval by the Mayor; otherwise it transmit two certified copies of this of a municipal department; now, shall take effect and be in force resolution, together with two copies therefore, from and after the earliest period of a letter of objection and two Be it ordained by the Council of allowed by law. copies of a letter requesting that the City of Cleveland: Motion to suspend rules. Charter the hearing be held in Cleveland, Section 1. That Section 1 of Reso- and statutory provisions and place Cuyahoga County. lution No. 1122-96, adopted June 10, on final passage. Section 3. That this resolution is 1996, is hereby amended to read as The rules were suspended. Yeas hereby declared to be an emergency follows: 18. Nays 0. Read second time. Read measure and, provided it receives third time in full. Passed. Yeas 18. the affirmative vote of two-thirds of “Section 1. That the sidewalks and Nays 0. all the members elected to Council, curbing on the following streets, at it shall take effect and be in force locations hereinafter named and FIRST READING EMERGENCY immediately upon its adoption and between the points described, RESOLUTIONS READ IN approval by the Mayor; otherwise it including both the frontages and FULL AND ADOPTED shall take effect and be in force depths of corner lots where said from and after the earliest period streets intersect, be laid, relaid and Res. No. 1225-96. allowed by law. repaired, with either stone-flagging By Councilman Britt. Motion to suspend rules. Charter or concrete, to the full width of the An emergency resolution object- and statutory provisions and place present sidewalks or curbing on the ing to the transfer of location of a on final passage. following streets and in accordance D4 Liquor Permit to 12117 Mayfield The rules were suspended. Yeas with the established grade on each Road. 18. Nays 0. Read second time. Read street respectively: Whereas, Council has been noti- third time in full. Adopted. Yeas 18. fied by the Director of Liquor Con- Nays 0. London Road (Euclid Avenue to trol of an application for the trans- Railroad Tracks) fer of location of a D4 Liquor Per- Res. No. 1226-96. West 115th Street (Fruitland mit from Permit No. 26155980007, Fai By Councilmen Coats, Westbrook Court to Clifton Boulevard) Com Club, 12020 Mayfield Road, and Polensek. West 100th Street (the following Cleveland, Ohio 44106, to Permit No. An emergency resolution urging addresses: 3119, 3120, 3122, 3123, 2615598-00071, Fai Com Club, 12117 the U.S. Justice Department to move 3127, 3133, 3137, 3140, 3144, 3148) Mayfield Road, Cleveland, Ohio swiftly and utilize all available West 99th Street (the following 44106; and resources to identify the perpetra- address: 3183) Whereas, the granting of this tors of the recent surge of church Section 2. That existing Section 1 application for a liquor permit to burnings, and urging the U.S. Con- of Resolution No. 1122-96, passed this high crime area, which is gress to establish Community Rein- June 10, 1996, is hereby repealed. already saturated with other liquor vestment Act monies and to estab- Section 3. That this ordinance is outlets, is contrary to the best inter- lish a source of federal funding hereby declared to be an emergency ests of the entire community; and through grants and low interest measure and, provided it receives Whereas, the applicant does not loans for rebuilding churches that were and are burned down by per- the affirmative vote of two-thirds of qualify to be a permit holder and/or petrators of hate crimes. all the members elected to Council, has demonstrated that he has oper- Whereas, this Council believes it shall take effect and be in force ated his liquor business in disregard that the burning down of churches immediately upon its passage and of the laws, regulations or local is among the most disgusting and approval by the Mayor; otherwise it ordinances of this state or any other disgraceful acts that one can com- shall take effect and be in force state; and mit; and from and after the earliest period Whereas, the place for which the Whereas, the recent steps being allowed by law. permit is sought has not conformed taken by the majority Congress to Motion to suspend rules. Charter to the building, safety or health enact laws that ban church burning and statutory provisions and place requirements of the governing body through its legislative empower- on final passage. of this County or City; and ment are commendable, but serve no The rules were suspended. Yeas Whereas, the place for which the real remedy for worshippers and 18. Nays 0. Read second time. Read permit is sought is so arranged or communities whose churches have third time in full. Passed. Yeas 18. constructed that law enforcement already been burned to the ground; Nays 0. officers or agents of the Department and of Liquor Control are prevented rea- Whereas, this Council views Ord. No. 1224-96. sonable access to the establishment; church burning as a very serious, By Councilmen Westbrook, Coats and national health and safety crisis, as and Polensek. Whereas, the place for which the innocent lives are threatened each An emergency ordinance autho- permit is sought is so located with time a church is set afire; and rizing and naming of the Committee respect to the neighborhood that it Whereas, the recent explosion of Meeting Room of Cleveland City substantially interferes with public church burnings brings to mind the Council to The Mercedes Cotner decency, sobriety, peace or good burning and bombing of churches in Committee Room. order; and the 1960s, where 3 innocent little Whereas, it is most fitting and Whereas, this objection is based black girls were killed, where fam- 1166 June 19, 1996 The City Record 37 ilies’ dreams were destroyed, and Whereas, this resolution consti- Section 6. That no notes or bonds where communities burst into vio- tutes an emergency measure pro- of the City of Cleveland shall be lence; and viding for the usual daily operation issued in anticipation of the collec- Whereas, it has been well stated of a municipal department; now, tion of the special assessment. that “without a watchful eye, histo- therefore, Section 7. That the Commissioner ry will certainly repeat itself”; and Be it resolved by the Council of of Assessments and Licenses is Whereas, this resolution consti- the City of Cleveland: hereby authorized and directed to tutes an emergency measure pro- Section 1. That it is hereby deter- prepare and file in the Office of the viding for the immediate preserva- mined and declared necessary and Clerk of Council an estimated tion of the public peace, property, conducive to the public health, con- assessment in accordance with the health or safety in that it is para- venience and welfare of the City of provisions of this resolution show- mount that citizens of these United Cleveland and the inhabitants there- ing the amount of the assessment States feel free to worship without of to control the blight and disease against each lot or parcel of land to threat of being killed during wor- of shade trees within public rights be assessed. Such estimated assess- ship; now, therefore, of way by planting, trimming, or ments shall be based upon the esti- Be it resolved by the Council of removing shade trees, and other mated cost of the Tree Maintenance the City of Cleveland: related activities (collectively, “Tree which is now on file in the Office Section 1. That this Council urges Maintenance”) in and along a por- of the Clerk of Council. the U.S. Justice Department to move tion of Shaker Boulevard in the City Section 8. That this resolution is swiftly and utilize all available of Cleveland for a 12-month period hereby declared to be an emergency resources to identify the perpetra- beginning during 1996. measure and, provided it receives tors of the recent surge of church Section 2. That for such Tree the affirmative vote of two-thirds of burnings. Maintenance, there is hereby creat- all the members elected to Council, Section 2. That this Council urges ed and established, pursuant to the it shall take effect and be in force the U.S. Congress to establish Com- provisions of Section 727.011, Ohio immediately upon its adoption and munity Reinvestment Act monies Revised Code, a district known as approval by the Mayor; otherwise it and to establish a source of federal the“1996-97 Shaker Boulevard Tree shall take effect and be in force funding through grants and low Maintenance District” which shall from and after the earliest period interest loans for rebuilding church- include all territory within the fol- allowed by law. es that were and are burned by per- lowing boundaries: Motion to suspend rules. Charter petrators of hate crimes. and statutory provisions and place Section 3. That this resolution is BOUNDARIES OF SHAKER on final passage. hereby declared to be an emergency BOULEVARD TREE The rules were suspended. Yeas measure and, provided it receives MAINTENANCE DISTRICT 18. Nays 0. Read second time. Read the affirmative vote of two-thirds of Being all that portion of Shaker third time in full. Adopted. Yeas 18. all the members elected to Council, Boulevard S.E. (190 feet wide) Nays 0. it shall take effect and be in force extending Easterly from the East- immediately upon its adoption and erly line of Woodhill Road S.E. to Res. No. 1228-96. approval by the Mayor; otherwise it the Southerly-prolongation of the By Councilman Polensek. shall take effect and be in force Easterly line of East 130th Street An emergency resolution object- from and after the earliest period (50 feet wide). ing to the transfer of ownership of allowed by law. Section 3. That the plans, specifi- a D1 and D2 Liquor Permit to 16015 Motion to suspend rules. Charter cations and profiles for said Tree Lake Shore Blvd. and statutory provisions and place Maintenance, at the estimated cost Whereas, Council has been noti- on final passage. of $30,875.00, heretofore prepared fied by the Director of Liquor Con- The rules were suspended. Yeas and placed in File No. 1227-96-A in trol of an application for the trans- 18. Nays 0. Read second time. Read the Office of the Clerk of Council, fer of ownership of a D1 and D2 third time in full. Adopted. Yeas 18. are hereby approved. Liquor Permit from Permit No. Nays 0. Section 4. That the entire cost of 10728810755, Buckeye P.H. Inc., dba such Tree Maintenance in the 1996- Pizza Hut, 16015 Lake Shore Blvd., Res. No. 1227-96. 97 Shaker Boulevard Tree Mainte- Cleveland, Ohio 44110, to Permit No. By Councilmen Johnson and nance District, less the one-fiftieth 5927201-0145, Midland Food Services Rokakis (by departmental request). of such entire cost which shall be LLC, dba Pizza Hut, 16015 Lake An emergency resolution declar- paid by the City, be specially Shore Blvd., Cleveland, Ohio 44110; ing it necessary to provide for the assessed by a percentage of the tax and control of blight and disease of value of all lots and lands within Whereas, the granting of this shade trees by planting, trimming, the 1996-97 Shaker Boulevard Tree application for a liquor permit to or removing shade trees, and other Maintenance District, which said this high crime area, which is related activities in and along a por- lots and lands are hereby deter- already saturated with other liquor tion of Shaker Boulevard in the City mined to be specially benefited by outlets, is contrary to the best inter- of Cleveland; establishing a district said work in the amount equal to ests of the entire community; and for said purpose in accordance with the amount specially assessed Whereas, the applicant does not the provisions of Section 727.011 of against each such lot and land. The qualify to be a permit holder and/or the Revised Code; providing for the cost of said work shall include the has demonstrated that he has oper- assessment of the cost and expense cost of plans, specifications, profiles ated his liquor business in disregard of such work upon benefited prop- and estimates and of printing, serv- of the laws, regulations or local erty in said district; and declaring ing and publishing notices, resolu- ordinances of this state or any other an emergency. tions and ordinances, the amount of state; and Whereas, the maintenance of damages resulting from the work Whereas, the place for which the trees in the Shaker Square area of assessed in favor of any owner of permit is sought has not conformed the City of Cleveland involves spe- land affected by the work and the to the building, safety or health cial costs due to adverse natural interest thereon, the costs incurred requirements of the governing body conditions; and in connection with the preparation, of this County or City; and Whereas, it is immediately urgent levy and collection of special assess- Whereas, the place for which the and necessary that work be autho- ments, the cost of purchasing, permit is sought is so arranged or rized for the purpose of controlling appropriating and otherwise acquir- constructed that law enforcement blight and disease of shade trees ing therefor any required real estate officers or agents of the Department within public rights of way by or interests therein, expenses of of Liquor Control are prevented rea- planting, trimming, or removing legal services, the cost of all labor sonable access to the establishment; shade trees, and other related activ- and materials, and all other neces- and ities in and along a portion of Shak- sary expenditures. Whereas, the place for which the er Boulevard in the City of Cleve- Section 5. That the assessments to permit is sought is so located with land during the 1996-97 season; and be levied shall be payable in cash respect to the neighborhood that it Whereas, the Director of Parks, within thirty (30) days after pas- substantially interferes with public Recreation and Properties has rec- sage of the City’s ordinance of decency, sobriety, peace or good ommended to Council the planting, assessment or at the option of the order; and trimming, or removing shade trees owner in one (1) annual install- Whereas, this objection is based and other related activities in and ment. All cash payments remaining on other legal grounds as set forth along a portion of Shaker Boulevard unpaid at the expiration of said thir- in Revised Code Section 4303.292; in the City of Cleveland during a 12- ty (30) days shall be certified by and month period beginning during 1996 the Clerk of this Council to the Whereas, this resolution consti- in accordance with plans, specifica- County Auditor as provided by law tutes an emergency measure pro- tions, profiles and cost estimates on to be placed by him on the tax viding for the immediate preserva- file in the Office of the Clerk of duplicate and collected as other tion of the public peace, property, Council; and taxes are collected. safety and welfare pursuant to Sec- 1167 38 The City Record June 19, 1996 tion 4303.26 of the Ohio Revised enforcement of the City’s curfew viding for the immediate preserva- Code. Council’s objection to said per- laws can result in a safer, more tion of the public peace, property, mit must be received by the Direc- peaceful summer for us all; now, safety and welfare pursuant to Sec- tor of Liquor Control within 30 days therefore, tion 4303.26 of the Ohio Revised of notification; now, therefore, Be it resolved by the Council of Code. Council’s objection to said per- Be it resolved by the Council of the City of Cleveland: mit must be received by the Direc- the City of Cleveland: Section 1. That this Council here- tor of Liquor Control within 30 days Section 1. That Council does here- by urges the Administration to of notification; now, therefore, by record its objection to the trans- implement tough enforcement of the Be it resolved by the Council of fer of ownership of a D1 and D2 City’s curfew laws in order to keep the City of Cleveland: Liquor Permit from Permit No. minors off the streets and out of Section 1. That Council does here- 10728810755, Buckeye P.H. Inc., dba trouble during curfew hours. by record its objection to the trans- Pizza Hut, 16015 Lake Shore Blvd., Section 2. That this Council fur- fer of ownership of a D5 Liquor Per- Cleveland, Ohio 44110, to Permit No. ther urges the Administration to mit from Permit No. 5513090, Mara- 5927201-0145, Midland Food Services fund additional programs for minors no Inc., dba Sidekicks, 2139 Broad- LLC, dba Pizza Hut, 16015 Lake after school and during the summer, view Road, first floor and basement, Shore Blvd., Cleveland, Ohio 44110, giving priority to neighborhoods Cleveland, Ohio 44109, to Permit No. and requests the Director of Liquor that lack existing programs, in 4238040, Jankaus Inc., dba Side- Control to set a hearing for said order to provide our youths with an kicks, 2139 Broadview Road, first application in accordance with pro- outlet for their energies and to keep floor and basement, Cleveland, Ohio visions of Section 4303.26 of the them off the streets. 44109, and requests the Director of Revised Code of Ohio. Section 3. That this resolution is Liquor Control to set a hearing for Section 2. That the Clerk of Coun- hereby declared to be an emergency said application in accordance with cil be and she hereby is directed to measure and, provided it receives provisions of Section 4303.26 of the transmit two certified copies of this the affirmative vote of two-thirds of Revised Code of Ohio. resolution, together with two copies all the members elected to Council, of a letter of objection and two it shall take effect and be in force Section 2. That the Clerk of Coun- copies of a letter requesting that immediately upon its adoption and cil be and she hereby is directed to the hearing be held in Cleveland, approval by the Mayor; otherwise it transmit two certified copies of this Cuyahoga County. shall take effect and be in force resolution, together with two copies Section 3. That this resolution is from and after the earliest period of a letter of objection and two hereby declared to be an emergency allowed by law. copies of a letter requesting that measure and, provided it receives Motion to suspend rules. Charter the hearing be held in Cleveland, the affirmative vote of two-thirds of and statutory provisions and place Cuyahoga County. all the members elected to Council, on final passage. Section 3. That this resolution is it shall take effect and be in force The rules were suspended. Yeas hereby declared to be an emergency immediately upon its adoption and 18. Nays 0. Read second time. Read measure and, provided it receives approval by the Mayor; otherwise it third time in full. Adopted. Yeas 18. the affirmative vote of two-thirds of shall take effect and be in force Nays 0. all the members elected to Council, from and after the earliest period it shall take effect and be in force allowed by law. Res. No. 1230-96. immediately upon its adoption and Motion to suspend rules. Charter By Councilman Rokakis. approval by the Mayor; otherwise it and statutory provisions and place An emergency resolution object- shall take effect and be in force on final passage. ing to the transfer of ownership of from and after the earliest period The rules were suspended. Yeas a D5 Liquor Permit to 2139 Broad- allowed by law. 18. Nays 0. Read second time. Read view Road, first floor and basement. Motion to suspend rules. Charter third time in full. Adopted. Yeas 18. Whereas, Council has been noti- and statutory provisions and place Nays 0. fied by the Director of Liquor Con- on final passage. trol of an application for the trans- The rules were suspended. Yeas Res. No. 1229-96. fer of ownership of a D5 Liquor Per- 18. Nays 0. Read second time. Read By Councilman Polensek. mit from Permit No. 5513090, Mara- third time in full. Adopted. Yeas 18. An emergency resolution urging no Inc., dba Sidekicks, 2139 Broad- Nays 0. the Administration to implement view Road, first floor and basement, tough enforcement of the City’s cur- Cleveland, Ohio 44109, to Permit No. Res. No. 1231-96. few laws and to fund additional pro- 4238040, Jankaus Inc., dba Side- By Councilman Rokakis. grams for minors after school and kicks, 2139 Broadview Road, first An emergency resolution object- during the summer. floor and basement, Cleveland, Ohio ing to the transfer of ownership of Whereas, the City’s neighborhoods 44109; and a C2 and C2X Liquor Permit to 3893 continue to experience serious prob- Whereas, the granting of this West 23rd Street, first floor and lems from minors wandering the application for a liquor permit to basement. streets in violation of the City’s cur- this high crime area, which is Whereas, Council has been noti- few laws; and already saturated with other liquor fied by the Director of Liquor Con- Whereas, on June 10, 1996, this outlets, is contrary to the best inter- trol of an application for the trans- Council passed Ordinance No. 1831- ests of the entire community; and fer of ownership of a C2 and C2X 95, which toughens the City’s “night- Whereas, the applicant does not Liquor Permit from Permit No. time” curfew laws in a manner sim- qualify to be a permit holder and/or 6167219, Ayman Morra, dba Hilton ilar to the City’s “daytime” curfew has demonstrated that he has oper- Market, 3893 West 23rd Street, first laws; and ated his liquor business in disregard floor and basement, Cleveland, Ohio Whereas, these laws, among other of the laws, regulations or local 44109, to Permit No. 9974419, Zurub things, place a duty on parents to ordinances of this state or any other Inc., dba Hilton Market, 3893 West take reasonable steps to insure that state; and 23rd Street, first floor and basement, their children are in school and to Whereas, the place for which the Cleveland, Ohio 44109; and prohibit their children from being permit is sought has not conformed Whereas, the granting of this on the streets during the curfew to the building, safety or health hours; and requirements of the governing body application for a liquor permit to Whereas, these laws can only be of this County or City; and this high crime area, which is effective, however, if they are Whereas, the place for which the already saturated with other liquor enforced; and permit is sought is so arranged or outlets, is contrary to the best inter- Whereas, with hot summer days constructed that law enforcement ests of the entire community; and approaching, it is imperative that officers or agents of the Department Whereas, the applicant does not the police increase activities to keep of Liquor Control are prevented rea- qualify to be a permit holder and/or minors off the streets in violation of sonable access to the establishment; has demonstrated that he has oper- the City’s curfew laws; and and ated his liquor business in disregard Whereas, the Administration Whereas, the place for which the of the laws, regulations or local should provide additional programs permit is sought is so located with ordinances of this state or any other for minors after school and during respect to the neighborhood that it state; and the summer, giving priority to substantially interferes with public Whereas, the place for which the neighborhoods that lack existing decency, sobriety, peace or good permit is sought has not conformed programs, in order to provide activ- order; and to the building, safety or health ities for these minors; and Whereas, this objection is based requirements of the governing body Whereas, this resolution consti- on other legal grounds as set forth of this County or City; and tutes an emergency measure pro- in Revised Code Section 4303.292; Whereas, the place for which the viding for the immediate preserva- and permit is sought is so arranged or tion of the public peace, property, Whereas, this resolution consti- constructed that law enforcement health or safety in that strict tutes an emergency measure pro- officers or agents of the Department 1168 June 19, 1996 The City Record 39 of Liquor Control are prevented rea- qualify to be a permit holder and/or Council and the Service Employees sonable access to the establishment; has demonstrated that he has oper- Union for future maintenance and and ated his liquor business in disregard repair of the facility. Whereas, the place for which the of the laws, regulations or local Whereas, more than most cities, permit is sought is so located with ordinances of this state or any other the City of Cleveland has benefited respect to the neighborhood that it state; and from the achievements of union substantially interferes with public Whereas, the place for which the labor; and decency, sobriety, peace or good permit is sought has not conformed Whereas, this City Council places order; and to the building, safety or health a high value on the right of work- Whereas, this objection is based requirements of the governing body ers to collectively bargain for on other legal grounds as set forth of this County or City; and wages and benefits; and in Revised Code Section 4303.292; Whereas, the place for which the Whereas, practically all of the and permit is sought is so arranged or development in Cleveland that has Whereas, this resolution consti- constructed that law enforcement contributed so greatly to the City’s tutes an emergency measure pro- officers or agents of the Department revival was performed by union viding for the immediate preserva- of Liquor Control are prevented rea- labor; and tion of the public peace, property, sonable access to the establishment; Whereas, this Council has sup- safety and welfare pursuant to Sec- and ported the efforts of the Great tion 4303.26 of the Ohio Revised Whereas, the place for which the Lakes Museum of Science and Tech- Code. Council’s objection to said per- permit is sought is so located with nology to establish a memorable mit must be received by the Direc- respect to the neighborhood that it attraction on the City’s lakefront; tor of Liquor Control within 30 days substantially interferes with public and of notification; now, therefore, decency, sobriety, peace or good Whereas, the upcoming opening Be it resolved by the Council of order; and of the museum is a time for the City the City of Cleveland: Whereas, this objection is based to celebrate; and Section 1. That Council does here- on other legal grounds as set forth Whereas, it is the wish of this by record its objection to the trans- in Revised Code Section 4303.292; Council that the members of the fer of ownership of a C2 and C2X and City’s unions benefit from the jobs Liquor Permit from Permit No. Whereas, this resolution consti- that will be available with the open- 6167219, Ayman Morra, dba Hilton tutes an emergency measure pro- ing of this museum; and Market, 3893 West 23rd Street, first viding for the immediate preserva- Whereas, it is the belief of this floor and basement, Cleveland, Ohio tion of the public peace, property, Council that the ticketsellers and 44109, to Permit No. 9974419, Zurub safety and welfare pursuant to Sec- projectionists at the museum should Inc., dba Hilton Market, 3893 West tion 4303.26 of the Ohio Revised receive a pre-hiring recognition 23rd Street, first floor and basement, Code. Council’s objection to said per- agreement; and Cleveland, Ohio 44109, and requests mit must be received by the Direc- Whereas, this Council further the Director of Liquor Control to set tor of Liquor Control within 30 days believes that the operators of the a hearing for said application in of notification; now, therefore, museum should negotiate a project accordance with provisions of Sec- Be it resolved by the Council of labor agreement with the Building tion 4303.26 of the Revised Code of the City of Cleveland: Trades Council and the Service Ohio. Section 1. That Council does here- Employees Union for all future Section 2. That the Clerk of Coun- by record its objection to the trans- repairs and maintenance of the cil be and she hereby is directed to fer of ownership of a D5 Liquor Per- facility; and mit from Permit No. 8771027, T.J.G. transmit two certified copies of this Whereas, this resolution consti- resolution, together with two copies Inc., 3664 East 65th Street, first floor tutes an emergency measure pro- of a letter of objection and two and basement, Cleveland, Ohio viding for the immediate preserva- copies of a letter requesting that 44105, to Permit No. 6804214, Penny tion of the public peace, property, the hearing be held in Cleveland, G. Corp., dba Penny’s Lounge, 3664 health or safety in that the protec- Cuyahoga County. East 65th Street, first floor and tion of the rights of union labor in Section 3. That this resolution is basement, Cleveland, Ohio 44105, hereby declared to be an emergency and requests the Director of Liquor Cleveland will benefit all of our cit- izens; now, therefore, measure and, provided it receives Control to set a hearing for said the affirmative vote of two-thirds of application in accordance with pro- Be it resolved by the Council of all the members elected to Council, visions of Section 4303.26 of the the City of Cleveland: it shall take effect and be in force Revised Code of Ohio. Section 1. That this Council here- immediately upon its adoption and Section 2. That the Clerk of Coun- by urges the operators of the Great approval by the Mayor; otherwise it cil be and she hereby is directed to Lakes Museum of Science and Tech- shall take effect and be in force transmit two certified copies of this nology to enter into a pre-hiring from and after the earliest period resolution, together with two copies recognition agreement with the tick- allowed by law. of a letter of objection and two etsellers and projectionists at the Motion to suspend rules. Charter copies of a letter requesting that museum. and statutory provisions and place the hearing be held in Cleveland, Section 2. That this Council here- on final passage. Cuyahoga County. by further urges the operators of The rules were suspended. Yeas Section 3. That this resolution is the Great Lakes Museum of Science 18. Nays 0. Read second time. Read hereby declared to be an emergency and Technology to enter into a pro- third time in full. Adopted. Yeas 18. measure and, provided it receives ject labor agreement with the Build- Nays 0. the affirmative vote of two-thirds of ing Trades Council and the Service all the members elected to Council, Employees Union for future mainte- Res. No. 1232-96. it shall take effect and be in force nance and repair of the museum By Councilman Rybka. immediately upon its adoption and facility. An emergency resolution object- approval by the Mayor; otherwise it Section 3. That the Clerk of Coun- ing to the transfer of ownership of shall take effect and be in force cil is hereby directed to transmit a a D5 Liquor Permit to 3664 East from and after the earliest period certified copy of this resolution to 65th Street, first floor and basement. allowed by law. the operators of the Great Lakes Whereas, Council has been noti- Motion to suspend rules. Charter Museum of Science and Technology. fied by the Director of Liquor Con- and statutory provisions and place Section 4. That this resolution is trol of an application for the trans- on final passage. hereby declared to be an emergency fer of ownership of a D5 Liquor Per- The rules were suspended. Yeas measure and, provided it receives mit from Permit No. 8771027, T.J.G. 18. Nays 0. Read second time. Read the affirmative vote of two-thirds of Inc., 3664 East 65th Street, first floor third time in full. Adopted. Yeas 18. all the members elected to Council, and basement, Cleveland, Ohio Nays 0. it shall take effect and be in force 44105, to Permit No. 6804214, Penny immediately upon its adoption and G. Corp., dba Penny’s Lounge, 3664 Res. No. 1233-96. approval by the Mayor; otherwise it East 65th Street, first floor and By Councilmen Westbrook, Miller shall take effect and be in force basement, Cleveland, Ohio 44105; and Polensek. from and after the earliest period and An emergency resolution urging allowed by law. Whereas, the granting of this the operators of the Great Lakes Motion to suspend rules. Charter application for a liquor permit to Museum of Science and Technology and statutory provisions and place this high crime area, which is to enter into a pre-hiring recogni- on final passage. already saturated with other liquor tion agreement with the ticket- The rules were suspended. Yeas outlets, is contrary to the best inter- sellers and projectionists at the 18. Nays 0. Read second time. Read ests of the entire community; and museum and a project labor agree- third time in full. Adopted. Yeas 18. Whereas, the applicant does not ment with the Building Trades Nays 0. 1169 40 The City Record June 19, 1996

Res. No. 1234-96. SECOND READING EMERGENCY Utilities, Finance, Law; Recom- By Councilmen Willis, Coats, ORDINANCES PASSED mended by Committees on Public Jackson, Patmon, McGuirk, Britt, Utilities, Legislation, Finance; when Melena, Polensek, Rokakis Miller, Ord. No. 1439-94. amended as follows: White, Lewis, Rybka, Westbrook, By Councilmen Brady, Patton and 1. In Section 10, line 3, after “Inc.” Robinson, Johnson and Zone. Rokakis (by departmental request). insert “for the various departments An emergency resolution urging An emergency ordinance to sup- of City government”. the Ohio General Assembly to enact plement the Codified Ordinances of 2. In Section 10, strike the last a deposit law for glass bottles and Cleveland, Ohio, 1976, by enacting a sentence in its entirety. requesting the Council President to new Section 129.153 thereof, relating 3. Insert new Sections 15, 16, and arrange a meeting between the to regulation of tree trimming. 17 to read, respectively, as follows: Cuyahoga County delegates to the Approved by Directors of Public “Section 15. That prior to entering Ohio Assembly and the sponsors of Utilities, Finance, Law; Recom- into any contract authorized herein, this legislation. mended by Committees on Legisla- the Director of Public Utilities shall Whereas, the retail sale of certain tion, Finance. give written notice of same to Coun- beverages in breakable glass con- The rules were suspended. Yeas cil. tainers which are improperly dis- 19. Nays 0. Read third time. Passed. Section 16. That prior to entering posed of when empty has resulted Yeas 19. Nays 0. into any lease to lease out tower in such a proliferation of broken space as authorized in Section 8 glass in and upon the streets, parks, Ord. No. 1139-95. herein, the Director of Public Utili- and other public grounds of the City By Councilmen Jackson, Pianka ties shall give written notice of of Cleveland and other major cities and Rokakis (by departmental same to Council. throughout the State of Ohio, as to request). Section 17. That prior to entering render said public grounds danger- An emergency ordinance autho- into any contract authorized herein ous to the citizens and particularly rizing the Director of Community for expenditures in excess of Ten to the children of this State; and Development to apply for a Section Thousand Dollars ($10,000.00), the Whereas, the problem of broken 108 Loan from the United States Director of Public Utilities shall glass caused by improper disposal Department of Housing and Urban give written notice to Council.”. of empty beverage bottles poses a Development in order to provide eco- 4. Renumber existing Section 15 serious health and safety problem; nomic assistance to partially and Section 16, respectively, to new and finance the renovation of the Cen- “Section 18” and “Section 19”. Whereas, it is virtually impossible tral YMCA branch and to enter into Amendments agreed to. to recycle glass once it is broken a contract with the Greater Cleve- The rules were suspended. Yeas and it is virtually impossible to land YMCA, or its designee, to pro- 19. Nays 0. Read third time. Passed. remove all broken glass from vide economic development assis- Yeas 19. Nays 0. grassy areas in parks and recre- tance for the renovation of the Cen- In compliance with Section 33 of ational areas; and tral YMCA branch located at East the Charter, a copy of the legisla- Whereas, establishing an incen- 22nd and Prospect Avenue. tion was furnished to each member tive or rewards program for the Approved by Directors of Commu- of Council before final passage. recycling of glass bottles is one nity Development, Finance, Law; means available to combat the prob- Recommended by Committees on Ord. No. 1432-95. lem of broken glass littering streets, Community and Economic Develop- By Councilmen Polensek, Pianka, sidewalks, parks, and other public ment, Finance; when amended as Rybka and Rokakis (by departmen- areas of the City, and follows: tal request). Whereas, this resolution consti- 1. Strike Section 5 in its entirety An emergency ordinance autho- tutes an emergency measure for the and insert in lieu thereof: rizing the Commissioner of Pur- health, safety, and welfare of the “Section 5. That the term of said chases and Supplies to purchase citizens of the State of Ohio; now, loan shall be in accordance with the property located at East 152nd therefore, terms as set forth in the Executive Street and known as Collinwood Be it resolved by the Council of Summary contained in File No. 1139- Yards for the Department of Eco- the City of Cleveland: 95-A.”. nomic Development for the purpose Section 1. That this Council urges 2. Strike Section 7 in its entirety of redevelopment of the area. the Ohio General Assembly to enact and insert in lieu thereof: Approved by Directors of Eco- a deposit law for glass bottles. “Section 7. That the Director of Eco- nomic Development, City Planning Section 2. That the President of nomic Development is hereby autho- Commission, Finance, Law; Recom- Council is requested forthwith to rized and directed to accept the col- mended by Committees on Commu- arrange a meeting between the lateral as set forth in the Executive nity and Economic Development, Cuyahoga County delegates to the Summary contained in the file refer- City Planning, Finance. Ohio General Assembly and various enced in Section 2 of this ordinance The rules were suspended. Yeas members of this Council, including in order to secure repayment of said 19. Nays 0. Read third time. Passed. the Council President, the Majority loan. Any security instrument shall be Yeas 19. Nays 0. Leader, the Majority Whip, and the prepared and approved by the Direc- sponsors of this legislation, con- tor of Law.”. Ord. No. 144-96. cerning the enactment of a deposit Amendments agreed to. By Councilmen Jackson, Rybka law for glass bottles in the State of The rules were suspended. Yeas and Rokakis (by departmental re- Ohio. 19. Nays 0. Read third time. Passed. quest). Section 3. That the Clerk of Coun- Yeas 19. Nays 0. An emergency ordinance declar- cil is hereby directed to transmit a In compliance with Section 33 of ing the property located at 2654 Lis- copy of this resolution to each of the Charter, a copy of the legisla- bon Road blighted premises pur- the Cuyahoga County delegates to tion was furnished to each member suant to Section 324.01 through the General Assembly, as well as to of Council before final passage. 324.16 of the Codified Ordinances of the President of the Ohio Senate and Cleveland, Ohio, 1976; and authoriz- the Speaker of the Ohio House of Ord. No. 1227-95. ing the Director of Community Representatives. By Councilmen Brady, Patton and Development to acquire the blight- Section 4. That this resolution is Rokakis (by departmental request). ed premises. hereby declared to be an emergency An emergency ordinance to sup- Approved by Directors of Commu- measure and, provided it receives plement the Codified Ordinances of nity Development, City Planning the affirmative vote of two-thirds of Cleveland, Ohio, 1976, by enacting Commission, Finance, Law; Recom- all the members elected to Council, new Sections 129.35 and 129.36 there- mended by Committees on Commu- it shall take effect and be in force of, relating to establishing an Office nity and Economic Development, immediately upon its adoption and of Radio Communications System City Planning, Finance; when approval by the Mayor; otherwise it Management and authorizing the amended as follows: shall take effect and be in force issuance of permits for access to the 1. Insert new Sections 5 and 6 to from and after the earliest period 800 MHz Radio Communications Sys- read, respectively, as follows: allowed by law. tem; authorizing the Director of “Section 5. That the Mayor is here- Motion to suspend rules. Charter Public Utilities to enter into con- by authorized to convey by official and statutory provisions and place tracts for the operation, mainte- Deed or Deeds title to the blighted on final passage. nance and expansion of the 800 MHz premises at a price to be determined The rules were suspended. Yeas Radio Communications System; by the Board of Control. 18. Nays 0. Read second time. Read authorizing the purchase of related Section 6. That the Director of third time in full. Adopted. Yeas 18. services and equipment; authorizing Community Development is hereby Nays 0. the acquisition of various rights and authorized to enter into and execute interest in real property; and autho- a project agreement on behalf of the Councilman Rokakis entered the rizing leasing out of tower space. City of Cleveland with Pavco Incor- meeting. Approved by Directors of Public porated, or its designee, for the 1170 June 19, 1996 The City Record 41 redevelopment and/or rehabilita- Commission, Finance, Law; Recom- Ord. No. 349-96. tion, as defined in Chapter 324 of mended by Committees on Commu- By Councilmen Miller, Jackson, the Codified Ordinances, of the nity and Economic Development, Rybka and Rokakis (by departmen- blighted premises. Said project City Planning, Finance; when tal request). agreement shall be substantially in amended as follows: An emergency ordinance profer- the form of that contained in Coun- 1. In Section 6, line 7, strike “583- ring certain representations for pur- cil File No. 144-96-A.”. 91-A” and insert in lieu thereof “312- poses of the Trust Indenture from 2. Renumber existing Section 5 96-A”. the City of Cleveland to the Cleve- and Section 6, respectively as new Amendment agreed to. land Trust Company, as trustee and “Section 7” and “Section 8”. The rules were suspended. Yeas authorizing the Director of Port Amendments agreed to. 19. Nays 0. Read third time. Passed. Control to apply to the bond trustee The rules were suspended. Yeas Yeas 19. Nays 0. for land release. 19. Nays 0. Read third time. Passed. In compliance with Section 33 of Approved by Directors of Eco- Yeas 19. Nays 0. the Charter, a copy of the legisla- nomic Development, Port Control, In compliance with Section 33 of tion was furnished to each member City Planning Commission, Finance, the Charter, a copy of the legisla- of Council before final passage. Law; Recommended by Committees tion was furnished to each member on Community and Economic Devel- of Council before final passage. Ord. No. 348-96. opment, Aviation and Transporta- By Councilmen Miller, Jackson, tion, City Planning, Finance; when Ord. No. 151-96. amended as follows: By Councilmen Paulenske, Jack- Rybka and Rokakis (by departmen- tal request). 1. In Section 1, strike the legal son, Rybka and Rokakis (by depart- description for Permanent Parcel mental request). An emergency ordinance profer- No. 029-06-002 in its entirety. An emergency ordinance autho- ring certain representations for pur- Amendment agreed to. rizing the Director of Economic poses of the Trust Indenture from Development to apply for and the City of Cleveland to the Cleve- The rules were suspended. Yeas accept a Section 108 Loan from the land Trust Company, as trustee and 19. Nays 0. Read third time. Passed. United States Department of Hous- authorizing the Director of Port Yeas 19. Nays 0. ing and Urban Development in order Control to apply to the bond trustee In compliance with Section 33 of to provide economic assistance for for land release. the Charter, a copy of the legisla- the development of a Hampton Inn Approved by Directors of Eco- tion was furnished to each member to be constructed at East 9th Street nomic Development, Port Control, of Council before final passage. and Superior Avenue; and to enter City Planning Commission, Finance, into contract with 1460 Ninth Street Law; Recommended by Committees Ord. No. 367-96. Associates, Ltd., or its designee, to on Community and Economic Devel- By Councilman Paulenske (by provide economic development assis- opment, Aviation and Transporta- request). tance for said development. tion, City Planning, Finance; when An emergency ordinance autho- Approved by Directors of Eco- amended as follows: rizing the Director of Public nomic Development, City Planning 1. In Section 1, at the end, add the Regency House Limited Partnership Commission, Finance, Law; Relieved following new legal description: to encroach into the public right-of- of Committee on City Planning; Rec- “Legal Description For Portion way of East 9th St. and Superior ommended by Committees on Com- Of Block B Ave. for canopies, awnings, and munity and Economic Development, Situated in the City of Cleveland, building overhangs for the con- Finance. County of Cuyahoga, State of Ohio struction of the Hampden Inn. The rules were suspended. Yeas and known as being part of Block Approved by Directors of Public 19. Nays 0. Read third time. Passed. B in the Kroehle Company’s West- Service, City Planning Commission, Yeas 19. Nays 0. port Subdivision of a part of Origi- Finance, Law; Recommended by Committees on Public Service, City nal Rockport Township Section No. Ord. No. 258-96. Planning, Finance. 3, as shown by the recorded plat in By Councilman Rokakis (by The rules were suspended. Yeas Volume 111 of Maps, page 39 of departmental request). 19. Nays 0. Read third time. Passed. Cuyahoga County Records and fur- An emergency ordinance autho- Yeas 19. Nays 0. rizing and directing the purchase by ther bounded and described as fol- lows: requirement contract of fleet wash- Ord. No. 617-96. Beginning at the Northwest cor- ing, for the Division of Purchases By Councilmen Jackson, Johnson, and Supplies, Department of ner of Block B, said corner being on Patton, Coats and Rokakis (by Finance, for a period not to exceed the Easterly line of Rocky River departmental request). two years. Drive S.W., An emergency ordinance deter- Approved by Directors of Finance, thence South 89°30'20" East, 87.68 mining the method of making vari- Law; Recommended by Committee feet to a point; said point being on ous public improvements as autho- on Finance; when amended as fol- the Westerly line of S.R. 713, and rized by the Year XXII Community lows: also being the true place of begin- Development Block Grant, and 1. In the title, lines 4 and 5 and ning; authorizing the Directors of Com- in Section 1, lines 7 and 8, strike thence continuing South 89°30'20" munity Development, Public Service, “for the Division of Purchases and East, 17.98 feet to the Northeast cor- Parks, Recreation and Properties, Supplies, Department of Finance” ner of Block B, as aforesaid; and Public Utilities to enter into and insert in lieu thereof “for the thence South 0°32'40" West along contract for the making of the var- various divisions of City govern- the Easterly line of said Block B, ious public improvements. CDBG ment”. 74.98 feet to the Southeast corner Year XXII. Amendment agreed to. thereof and to a point on the Approved by Directors of Commu- The rules were suspended. Yeas Northerly line of Westport Avenue nity Development, Parks, Recre- 19. Nays 0. Read third time. Passed. S.W. (54 feet wide); Yeas 19. Nays 0. ation and Properties, Public Utili- thence North 89°27'20" West ties, Public Service, Finance, Law; In compliance with Section 33 of along the Northerly line of Westport the Charter, a copy of the legisla- Recommended by Committees on Avenue S.W., 29.94 feet to a point; Community and Economic Develop- tion was furnished to each member thence North 9°36'33" East, 75.91 of Council before final passage. ment, Public Parks, Properties and feet to the true place of beginning Recreation, Public Utilities, Public and containing 5858 square feet of Service, Finance. Ord. No. 312-96. land (0.1345 acres) be the same By Councilmen Patmon, Jackson, The rules were suspended. Yeas more or less, but subject to all legal Rybka and Rokakis (by departmen- 19. Nays 0. Read third time. Passed. tal request). highways and easements of record. Yeas 19. Nays 0. An emergency ordinance declar- This legal description was prepared ing the property located at 9813-15 from records using an assumed Ord. No. 632-96. North Boulevard blighted premises meridian to designate angles only, By Councilmen Patmon, Jackson, pursuant to Section 324.01 through by Jomarie Wasik, P.S. (#7027) on Rybka and Rokakis (by departmen- 324.16 of the Codified Ordinances of May 13, 1996.”. tal request). Cleveland, Ohio, 1976; and authoriz- Amendment agreed to. An emergency ordinance declar- ing the Director of Community The rules were suspended. Yeas ing the property located at 9817-19 Development to acquire the blight- 19. Nays 0. Read third time. Passed. North Boulevard blighted premises ed premises and sell said premises Yeas 19. Nays 0. pursuant to Section 324.01 through to Famicos Foundation, or its In compliance with Section 33 of 324.16 of the Codified Ordinances of designee. the Charter, a copy of the legisla- Cleveland, Ohio, 1976, and authoriz- Approved by Directors of Commu- tion was furnished to each member ing the Director of Community nity Development, City Planning of Council before final passage. Development to acquire the blight- 1171 42 The City Record June 19, 1996 ed premises and sell said premises parts for Pierce fire apparatus, and, tion was furnished to each member to Famicos Foundation, or its if necessary, the purchase of parts of Council before final passage. designee. and labor to repair accident damage Approved by Directors of Commu- in order for such equipment to Ord. No. 824-96. nity Development, City Planning remain under warranty, for the Divi- By Councilmen Polensek and Commission, Finance, Law; Recom- sions of Emergency Medical Service Rokakis (by departmental request). mended by Committees on Commu- and Fire, Department of Public An emergency ordinance autho- nity and Economic Development, Safety, for a period not to exceed rizing the Director of Public Safety City Planning, Finance; when two years. to apply for and accept a grant from amended as follows: Approved by Directors of Public the U.S. Department of Justice for 1. In Section 6, line 7, strike “583- Safety, Finance, Law; Recommended the 1996-97 Caribbean/Gang Task 91-A” and insert in lieu thereof the by Committees on Public Safety, Force. following “632-96-A”. Finance. Approved by Directors of Public Amendment agreed to. The rules were suspended. Yeas Safety, Finance, Law; Recommended The rules were suspended. Yeas 19. Nays 0. Read third time. Passed. by Committees on Public Safety, 19. Nays 0. Read third time. Passed. Yeas 19. Nays 0. Finance. Yeas 19. Nays 0. The rules were suspended. Yeas In compliance with Section 33 of Ord. No. 768-96. 19. Nays 0. Read third time. Passed. the Charter, a copy of the legisla- By Councilmen Polensek and Yeas 19. Nays 0. tion was furnished to each member Rokakis (by departmental request). of Council before final passage. An emergency ordinance autho- Ord. No. 825-96. rizing and directing the Director of By Councilmen Polensek and Ord. No. 634-96. Public Safety to enter into a require- Rokakis (by departmental request). By Councilmen Paulenske, John- ment contract without competitive An emergency ordinance autho- son, Rybka and Rokakis (by depart- bidding with Sutphen Corporation rizing and directing the purchase by mental request). for the purchase of replacement contract of one breathing air com- An emergency ordinance autho- parts for Sutphen fire apparatus pressor and appurtenances, for the rizing the Director of Parks, Recre- and, if necessary, the purchase of Division of Fire, Department of Pub- ation and Properties to execute an parts and labor to repair accident lic Safety. easement granting to 1460 Ninth damage in order for such equipment Approved by Directors of Public Street Associated, Ltd. (Hampton to remain under warranty, for the Safety, Finance, Law; Recommended Inn) certain easement rights in Divisions of Emergency Medical Ser- by Committees on Public Safety, property located at East 9th and vice and Fire, Department of Public Finance. Rockwell and declaring said ease- Safety, for a period not to exceed The rules were suspended. Yeas ment rights no longer needed for two years. 19. Nays 0. Read third time. Passed. public use. Approved by Directors of Public Yeas 19. Nays 0. Approved by Directors of Parks, Safety, Finance, Law; Recommended Recreation and Properties, City by Committees on Public Safety, Ord. No. 826-96. Planning Commission, Finance, Finance. By Councilmen Polensek and Law; Recommended by Committees The rules were suspended. Yeas Rokakis (by departmental request). on Public Parks, Properties and 19. Nays 0. Read third time. Passed. An emergency ordinance autho- Recreation, City Planning, Finance. Yeas 19. Nays 0. rizing and directing the lease of The rules were suspended. Yeas hangar space for police aircraft and 19. Nays 0. Read third time. Passed. Ord. No. 823-96. the purchase of aviation fuel, for Yeas 19. Nays 0. By Councilmen Polensek and the Division of Police, Department McGuirk (by departmental request). of Public Safety, for a period of one Ord. No. 702-96. An emergency ordinance to estab- year, with a one year option to By Councilmen Jackson and lish No Right Turns at the specific renew. Rokakis (by departmental request). intersections in the City of Cleve- Approved by Directors of Public An emergency ordinance autho- land listed herein, and to amend the Safety, Finance, Law; Recommended rizing the Director of Community schedule on file with the Clerk of by Committees on Public Safety, Development to enter into a contract Council, pursuant to Sections 413.09 Finance. with various non-profit development and 413.10 of the Codified Ordi- The rules were suspended. Yeas corporations to provide grants to nances of Cleveland, Ohio, 1976, 19. Nays 0. Read third time. Passed. small, neighborhood-based street relating to No Right Turns. Yeas 19. Nays 0. clubs, block clubs and other com- Approved by Directors of Public munity improvement groups to Safety, Finance, Law; Recommended Ord. No. 827-96. implement the Cityworks Program. by Committees on Public Safety, By Councilmen Polensek and CDBG Year XXII. Finance; when amended as follows: Rokakis (by departmental request). Approved by Directors of Commu- 1. In Section 1, strike lines 10, 11 An emergency ordinance autho- nity Development, Finance, Law; and 12 in their entirety and insert rizing the Director of Public Safety Recommended by Committees on in lieu thereof the following: to apply for and accept a grant from Community and Economic Develop- the Ohio Department of Public Safe- ment, Finance. “WARD ty, Division of Emergency Medical The rules were suspended. Yeas Services for the 1996 Ohio EMS 19. Nays 0. Read third time. Passed. 10 Grant. Yeas 19. Nays 0. INTERSECTION Approved by Directors of Public E. 146 and St. Clair Safety, Finance, Law; Recommended Ord. No. 709-96. DIRECTION by Committees on Public Safety, By Councilmen McGuirk, Patton, Finance. Rybka and Rokakis (by departmen- Southbound and Westbound The rules were suspended. Yeas tal request). 19. Nays 0. Read third time. Passed. An emergency ordinance to amend WARD Yeas 19. Nays 0. the title, Sections 3, 4 and 9 of Ordi- 19 Ord. No. 832-96. nance No. 928-95, passed June 12, INTERSECTION 1995, relating to the West 187th By Councilmen Rybka, Polensek Street Rehabilitation Project. Lorain at West Boulevard and McGuirk (by departmental Approved by Directors of Public DIRECTION request). Utilities, City Planning Commission, Eastbound, and any other direc- An emergency ordinance to repeal Finance, Law; Recommended by tion as the Commissioner of Traffic Section 457.04 of the Codified Ordi- Committees on Public Utilities, City Engineering shall determine is nec- nances of Cleveland, Ohio, 1976, as Planning, Finance. essary. The directions for which amended by Ordinance No. 2603-91, The rules were suspended. Yeas this restriction applies at this inter- passed August 19, 1992, and to sup- 19. Nays 0. Read third time. Passed. section shall be added to the list plement said Codified Ordinances by Yeas 19. Nays 0. contained in File No. 106-76 on file enacting new Section 457.04 relating with the Clerk of Council, and when to signs. Ord. No. 767-96. so filed shall have the same force Approved by Directors of City By Councilmen Polensek and and effect as if expressly identified Planning Commission, Public Safe- Rokakis. in this ordinance.” ty, Finance, Law; Recommended by An emergency ordinance autho- Amendment agreed to. Committees on City Planning, Pub- rizing and directing the Director of The rules were suspended. Yeas lic Safety, Legislation, Finance; Public Safety to enter into a require- 19. Nays 0. Read third time. Passed. when amended as follows: ment contract without competitive Yeas 19. Nays 0. 1. In Section 2, at division (d)(5) bidding with Finley Fire Equipment In compliance with Section 33 of of Section 457.04, line 14, strike “four for the purchase of replacement the Charter, a copy of the legisla- (4)” and insert in lieu thereof “six 1172 June 19, 1996 The City Record 43

(6)”; and in line 15, between The rules were suspended. Yeas 1. In Section 1, line 3, after “pro- “height” and the period insert “, and 19. Nays 0. Read third time. Passed. gram:” add the following list: shall be placed, as approved by the Yeas 19. Nays 0. “A Cultural Exchange City Planning Director, only where In compliance with Section 33 of AACCESS, Ohio necessary to provide instructions to the Charter, a copy of the legisla- Alta Social Settlement customers of the parking facility”. tion was furnished to each member American Sickle Cell Anemia 2. In Section 2, at division of Council before final passage. Association (e)(5)A. of Section 457.04, at the Bellflower Center for Prevention end, between “August 1, 1997” and Ord. No. 918-96. of Child Abuse, Inc. the period insert “, except that any By Councilmen Coats and Rokakis Better Living Center nonconforming sign installed pur- (by departmental request). Boys and Girls Clubs of Cleveland suant to a Building Permit issued An emergency ordinance autho- (Broadway) between June 1, 1991 and May 31, rizing and directing the purchase, Boys and Girls Clubs of Cleveland 1996, shall be replaced or removed lease or lease with option to pur- (Mt. Pleasant) by August 1, 1998”. chase of trucks, vans, passenger Boys and Girls Clubs of Cleveland 3. In Section 2, at division (c) of cars and heavy equipment for use (West Side) Section 457.04, line 4, after “regula- by various departments and divi- Brooklyn Memorial Community tions.” insert the following new sen- sions of the City, for the Division of Youth Center tence: “Such sign may also be used Motor Vehicle Maintenance, Depart- Brownettes Academy of Charm, to indicate that the garage is ment of Public Service. Inc. “full.””. Approved by Directors of Public Catholic Youth and Community 4. In Section 2, after division Service, Finance, Law; Recommend- Services Corp. Hispanic Senior Cen- ter (d)(6) of Section 457.04, insert a ed by Committees on Public Service, Catholic Youth and Community new division “(d)(7)” to read as fol- Finance; when amended as follows: 1. In Section 1, lines 6, 7 and 8, Services Corp. Martin DePorres Cen- lows: strike “excluding the Department of ter “(d)(7) Temporary Signs. For a Public Utilities, as set forth in Center for Families and Children newly-established license parking detail on the attachment to Request Center for the Prevention of facility, the following temporary No. 20006 on file in the office of the Domestic Violence signs shall be permitted for a peri- Division of Purchases and Supplies.” Cleveland Mediation Center od not exceeding sixty (60) days fol- and insert in lieu thereof “as Cleveland Women, Inc. lowing the opening of the parking detailed in the document entitled Collinwood Community Services facility: “Listing of 1996 Vehicle Purchases” Center/Elderly A. signs substituting for approved contained in File No. 919-96-A. For Collinwood Community Services but not-yet-installed permanent each type of vehicle listed under the Center/Youth signs, conforming, to the maximum column entitled “Description” on the Community Re-Entry, Inc./Elderly extent feasible, with all regulations document to said file, the vehicle(s) Community Re-Entry, Inc./Coun- and design standards for permanent shall be purchased solely for the use seling signs except those pertaining to fab- of the department or division listed Community Re-Entry, Inc./Youth rication materials; and under the column entitled “Divi- Counseling B. for each vehicular entrance, sion,” the total cost of each type of Community Socialization Pro- one wall-mounted banner, not vehicle shall not exceed the total gram/Ward 6 exceeding forty (40) square feet in amount listed under the column Cornerstone Connection area, or one free-standing temporary entitled “Total Cost” and the cost of Cory Senior Citizens Program sign, not exceeding ten (10) square each type of vehicle shall be paid Custom Enrichment Center feet in area, announcing the open- solely from the funds identified Delta Tutoring and Nutrition Pro- ing of the parking facility.”. under the appropriate column. The gram, Inc. 5. In Section 2, at Section 457.04, total amount of all purchases pur- East End Neighborhood House add a new division “(f)” to read as suant to this ordinance shall not EBC Fery Development Corp. follows: exceed $5,440,000.00.”. El Barrio “(f) Application. Plans for instal- 2. In Section 3, line 2, after “10 SF Esperanza, Inc. lation of signs regulated in this sec- 006,” insert the following: “52 SF 001, First United Methodist Church/ tion shall be submitted to the City 58 SF 001.”. Project Heat Planning Director either prior to or Amendments agreed to. Garden Valley Neighborhood concurrently with submission of any The rules were suspended. Yeas House required Building Permit applica- 19. Nays 0. Read third time. Passed. GLAD Center, Inc. tion. The plans shall be sufficient Yeas 19. Nays 0. Golden Age Centers of Greater to demonstrate compliance with all In compliance with Section 33 of Cleveland regulations of this section and with the Charter, a copy of the legisla- Goodrich Gannett Neighborhood the design standards adopted by the tion was furnished to each member Center City Planning Commission pursuant of Council before final passage. Greater Cleveland Neighborhood to the provisions of this section. No Centers Assn./Midtown Professional signs regulated in this section shall Ord. No. 919-96. Center/Elderly be installed before approval by the By Councilmen Patton and Greater Cleveland Neighborhood City Planning Director and issuance Rokakis (by departmental request). Centers Assn./Midtown Professional of any required Building Permit.”. An emergency ordinance autho- Center/SNR Amendments agreed to. rizing and directing the purchase by Guardian House Shelter aka Gol- The rules were suspended. Yeas contract of labor and materials nec- gotha Baptist Church 19. Nays 0. Read third time. Passed. essary to install a telecommunica- Harambee: Services to Black Fam- tions system, for the Division of ilies Yeas 19. Nays 0. Cleveland Public Power, Depart- Harvard Community Services Cen- In compliance with Section 33 of ment of Public Utilities. ter the Charter, a copy of the legisla- Approved by Directors of Public Hijos de Borinquen Spanish Amer- tion was furnished to each member Utilities, Finance, Law; Recom- ican Center of Council before final passage. mended by Committees on Public Hunger Network of Greater Cleve- Utilities, Finance. land Ord. No. 872-96. The rules were suspended. Yeas Interchurch Council of Greater By Councilmen Polensek and 19. Nays 0. Read third time. Passed. Cleveland Rokakis (by departmental request). Yeas 19. Nays 0. Karamu House, Inc. An emergency ordinance autho- Lexington Bell Community Center rizing the Director of Public Safety Ord. No. 921-96. M.C. Chatman Center for Humani- to apply for and accept a grant from By Councilmen Jackson and tarian Services the Byrne Memorial for the Teen Rokakis (by departmental request). Marotta Montessori Schools of Court Program. An emergency ordinance autho- Cleveland Approved by Directors of Public rizing the Director of Community May Dugan Multi-Service Center Safety, Finance, Law; Recommended Development to enter into a contract Merrick House, Inc./Adult by Committees on Public Safety, with various agencies to provide Merrick House, Inc./Youth Finance; when amended as follows: social service programs. CDBG Year Neighborhood Counseling Services 1. In Section 1, line 3, strike XXII. New Cleveland Food Basket Pro- “$35,701.50” and insert in lieu there- Approved by Directors of Commu- gram of “$41,898.47”. nity Development, Finance, Law; New Eye Glass Service 2. In Section 2, line 4, strike Recommended by Committees on Nottingham Youth Center “$11,900.50” and insert in lieu there- Community and Economic Develop- OUR Community Center, Inc.- of “$13,966.16”. ment, Finance, Law; when amended Glenville A.C.’s Amendments agreed to. as follows: Phillis Wheatley Association 1173 44 The City Record June 19, 1996

Police Athletic League 4. In Section 3, line 2, after “SF St. Vincent Quadrangle Salvation Army, The/Family 855”, insert “14 SF 019.”. Tremont West Development Cor- Salvation Army, The/Elderly Amendments agreed to. poration Senior Citizen Resources/Elderly The rules were suspended. Yeas Union-Miles Development Corpora- Comprehensive 19. Nays 0. Read third time. Passed. tion Senior Citizen Resources/Trans- Yeas 19. Nays 0. Westown Community Develop- portation Program In compliance with Section 33 of ment Corporation” Senior Outreach Services the Charter, a copy of the legisla- 2. In Section 2, delete Services for Independent Living, tion was furnished to each member “$2,236,000.00” and insert Inc. of Council before final passage. “$2,194,000.00”. Spanish American Committee for Amendments agreed to. a Better Community Ord. No. 923-96. The rules were suspended. Yeas Starting Point By Councilmen Jackson and 19. Nays 0. Read third time. Passed. Substance Abuse Initiative of Rokakis (by departmental request). Yeas 19. Nays 0. Greater Cleveland An emergency ordinance autho- In compliance with Section 33 of Triumph House rizing the Director of Community the Charter, a copy of the legisla- Werner Community Outreach Pro- Development to enter into contract tion was furnished to each member gram with various agencies to provide of Council before final passage. West Side Community House/Elder- housing, commercial, industrial and ly real estate development activities. Ord. No. 924-96. West Side Community House/Child CDBG Year XXII. By Councilmen Jackson, Johnson, Day Care Approved by Directors of Commu- Rybka and Rokakis (by departmen- West Side Counseling Consortium tal request). nity Development, Finance, Law; West Side Ecumenical Ministry An emergency ordinance autho- Recommended by Committees on YMCA - Broadway Branch rizing the Mayor and the Directors YMCA - Central Branch/West Side Community and Economic Develop- of Parks, Recreation and Properties YMCA - Glenville Branch ment, Finance, Law; when amended and Economic Development to enter YMCA- Midtown East Branch aka as follows: into a Purchase Agreement with East Urban YMCA 1. In Section 1, line 2, at the end National City Bank for approxi- YMCA- West Park Branch”. of line 2, add the following: mately 12.6 acres of City-owned 2. In Section 3, line 2, delete “City-wide Development Assis- property located in the Village of $3,080,000.00” and insert tance Program Highland Hills, with an option to “$3,230,000.00”. Cleveland Housing Network purchase for an additional 15.0 acres Amendments agreed to. Cleveland Neighborhood Develop- within the first five years; and a The rules were suspended. Yeas ment Corporation right of first refusal to purchase the 19. Nays 0. Read third time. Passed. Cleveland Tenants Organization additional 13.0 acres for another Yeas 19. Nays 0. Living in Cleveland Center five years. In compliance with Section 33 of Cleveland Restoration Society Approved by Directors of Parks, the Charter, a copy of the legisla- Hispanic Business Association Recreation and Properties, Econom- tion was furnished to each member Lutheran Housing Corporation: ic Development, City Planning Com- of Council before final passage. Furnace Repair mission, Finance, Law; Relieved of Lutheran Housing Corporation: Committees on Public Parks, Prop- Ord. No. 922-96. Tool Loan erties and Recreation, Community By Councilmen Jackson and NHS of Cleveland, Inc. and Economic Development, City Rokakis (by departmental request). Planning, Finance; when amended An emergency ordinance autho- CDC Competitive Grant Program as follows: rizing the Director of Community Amistad Development Corporation 1. In the title, line 11, strike “15.0” Development to enter into contracts Bellaire Puritas Development Cor- and insert in lieu thereof the fol- with various housing development poration lowing: “13.0”. entities, or their designees, to imple- Broadway Area Housing Coalition 2. In the first Whereas clause, line ment the Housing Trust Fund Pro- Buckeye Area Development Cor- 3, after “land” insert “(the “Zone”)”. gram, for costs associated with var- poration 3. In the second Whereas clause, ious housing activities. Burten, Bell, and Carr Develop- line 2, after “Agreement” insert Approved by Directors of Commu- ment Corporation “(“J.D.A.”). nity Development, Finance, Law; Clark Metro/HANDS 4. Insert a fourth new Whereas Recommended by Committees on Collinwood Community Services clause, to read as follows: “Where- Community and Economic Develop- Center as, that the J.D.A. requires that the ment, Finance, Law; when amended Collinwood Village Development City and Village share income tax as follows: Corporation revenue such that the City will 1. In Section 1, line 3, after “Pro- Cudell Improvement, Inc. receive seventy-five percent (75%) gram:” add the following list: Detroit-Shoreway Community of net income taxes of employees “A.M.E. Corporation Development Organization relocated to the Zone from the City American Community Developers Fairfax Renaissance Development and fifty percent (50%) of net Buckeye Area Development Cor- Corporation income taxes of all other employees poration Famicos Foundation within the Zone; and”. Burten, Bell, Carr Flats Oxbow Development Corpo- 5. In the existing seventh Where- CASH ration as clause, line 3, after “Schools,” Clark-Metro Development Corpora- Friends of Shaker Square insert “City of Cleveland programs funded by the Jobs Training Part- tion Glenville Development Corpora- Cleveland Housing Network nership Act”. tion ColeJon 6. In Section 5, at the end, strike Historic Gateway Development Detroit Shoreway Community the period and insert the following: Development Organization Corporation “which quitclaim deed shall contain Fairfax Renaissance Development Historic Warehouse District such provisions as deemed neces- Corporation Hough Area Partners in Progress sary by the Director of Law to pro- Famicos Foundation Kamms Corner Development Cor- tect the public interest.”. Glenville Development Corpora- poration 7. In Section 7, line 2, after “Direc- tion Little Italy 2000 tor of Law,” insert the following: Grace Hospital Midtown Corridor “and shall be”; and at the end of the Mt. Pleasant Now Development Miles Ahead first paragraph in Section 7, at the Corporation Mt. Pleasant Now end, strike the period and insert the Neighborhood Revitalization Part- Nolasco Housing Corporation following: “or the Sale Parcel shall ners Northeast Shores Development revert to the City.”; and at the end New Village Corporation Corporation of the second paragraph in Section Northeastern Neighborhood Devel- Northeastern Neighborhood Devel- 7, strike the period and insert the opment Corporation opment Corporation following: “or the Option Parcel Rysar Properties Ohio City Near West Development shall revert to the City.”. Tremont West Development Cor- Corporation 8. Strike Section 10 in its entirety poration Old Brooklyn CDC and insert in lieu thereof to read as Weinberger Group Old Brooklyn USA follows: Zaremba Cleveland Communities”. Slavic Village Broadway Develop- “Section 10. That the Mayor and 2. In Section 1, at the end of the ment Directors of Law, Parks, Recreation list, add “Volunteers of America”. Southeast Improvement Associa- and Properties, and Economic Devel- 3. In Section 3, line 2, delete tion opment are authorized to prepare “$4,700,000.00” and insert “$4 , 9 5 0 , 0 0 0 . 0 0 ”. St. Clair-Superior Coalition and execute easements to Cleveland 1174 June 19, 1996 The City Record 45

Electric Illuminating Company, Control, Finance, Law; Recommend- “$4,955,000” and insert in lieu there- East Ohio Gas Company, Ameritech ed by Committees on Aviation and of “$5,355,000”. Ohio Corporations, and Viacom Transportation, Finance. 2. In the first “Whereas” clause, Cablevision of Cleveland, or Village The rules were suspended. Yeas line 2; and in Section 1, line two; designated successor cable televi- 19. Nays 0. Read third time. Passed. and in Section 9, lines 3 and 4, sion franchisee, their successors and Yeas 19. Nays 0. delete “Four Million Nine Hundred assigns, to provide necessary ser- and Fifty-five Thousand Dollars vices to the various properties with- Ord. No. 930-96. ($4,955,000)” and insert in lieu there- in Cleveland Enterprise Park, and a By Councilmen Polensek, Jackson of “Five Million Three Hundred and temporary easement for purposes of and Rokakis (by departmental Fifty-five Thousand Dollars ingress and egress to the Sale Par- request). ($5,355,000)”. cel to National City Bank or its An emergency ordinance autho- Amendments agreed to. designee.”. rizing the Director of Public Safety The rules were suspended. Yeas 9. In Section 11, line 4, strike “may to expend Community Development 19. Nays 0. Read third time. Passed. be necessary or appropriate” and Block Grant funds for the Commu- Yeas 19. Nays 0. insert in lieu thereof the following: nity Response Unit and the Street In compliance with Section 33 of “are necessary”. Crime Unit. CDBG Year XXII. the Charter, a copy of the legisla- Amendments agreed to. Approved by Directors of Public tion was furnished to each member The rules were suspended. Yeas Safety, Community Development, of Council before final passage. 19. Nays 0. Read third time. Passed. Finance, Law; Recommended by Yeas 16. Nays 3. Those voting yea Committees on Community Develop- Ord. No. 943-96. were Councilmen: Coats, Jackson, ment, Public Safety, Finance, Law. By Councilmen Johnson and Rokakis (by departmental request). Lewis, McGuirk, Melena, Miller, Pat- The rules were suspended. Yeas An emergency ordinance provid- mon, Patton, Paulenske, Robinson, 19. Nays 0. Read third time. Passed. Yeas 19. Nays 0. ing for the issuance and sale of Rokakis, Rybka, Smith, Westbrook, bonds in the maximum principal White, Willis. Those voting nay Ord. No. 940-96. amount of $2,150,000 for the purpose were Councilmen: O’Malley, Polen- By Councilm of providing funds for improving sek, Zone. Absent: Councilmen Britt, An emergency ordinance an emer- the Cleveland Convention Center, to Johnson. gency ordinance providing for the pay capitalized interest and to pay In compliance with Section 33 of issuance and sale of bonds in the all expenses incurred in connection the Charter, a copy of the legisla- maximum principal amount of with the issuance of the bonds; to tion was furnished to each member $3,160,000 for the purpose of provid- authorize agreements with respect of Council before final passage. ing funds for improving buildings to the bonds; and to authorize the and structures housing and provid- issuance of notes in anticipation of Ord. No. 926-96. ing for the discharge of govern- such bonds. By Councilmen Miller, Jackson, mental functions and services oth- Approved by Directors of Public Rybka and Rokakis (by departmen- erwise benefiting the public safety, Parks, Properties and Recreation, tal request). health and welfare, to pay capital- Finance, Law; Recommended by An emergency ordinance autho- ized interest and to pay all expens- Committees on Public Parks, Prop- rizing the Director of Economic es incurred in connection with the erty and Recreation, Finance. Development to enter into an Enter- issuance of the bonds; to authorize The rules were suspended. Yeas prise Zone Agreement with Actron agreements with respect to the 19. Nays 0. Read third time. Passed. Manufacturing Company, or its bonds; and to authorize the issuance Yeas 19. Nays 0. designee, to provide for a ten (10) of notes in anticipation of such year abatement for certain tangible bonds. Ord. No. 1010-96. personal property and real estate Approved by Directors of Public By Councilmen Britt, Jackson, taxes as an incentive to construct a Parks, Properties and Recreation, Rybka and Rokakis (by departmen- new building and purchase new Finance, Law; Recommended by tal request). machinery, equipment, furniture and Committees on Public Parks, Prop- An emergency ordinance autho- fixtures in the Cleveland Business erties and Recreation, Finance; rizing the sale of real property as Park. when amended as follows: part of the Land Reutilization Pro- Approved by Directors of Eco- 1. In title, line 4, delete gram and located at 2220 East 82nd, nomic Development, City Planning “$3,160,000” and insert in lieu there- 2241 East 81st, 2239 East 80th, 2237 Commission, Finance, Law; Recom- of “$2,860,000”. East 80th and 2242 East 80th Streets mended by Committees on Commu- 2. In the first “Whereas” clause, to Fairfax Renaissance Develop- nity and Economic Development, line 2; and in Section 1, line two; ment Corporation. City Planning, Finance. and in Section 9, lines 3 and 4, Approved by Directors of Commu- The rules were suspended. Yeas delete “Three Million One Hundred nity Development, City Planning, 19. Nays 0. Read third time. Passed. Sixty Thousand Dollars ($3,160,000)” Finance, Law; Recommended by Yeas 19. Nays 0. and insert in lieu thereof “Two Mil- Committees on Community and Eco- lion Eight Hundred and Sixty Thou- nomic Development, City Planning, Ord. No. 928-96. sand Dollars ($2,860,000)”. Finance. By Councilmen Miller and Amendments agreed to. The rules were suspended. Yeas Rokakis (by departmental request). The rules were suspended. Yeas 19. Nays 0. Read third time. Passed. An emergency ordinance autho- 19. Nays 0. Read third time. Passed. Yeas 19. Nays 0. rizing and directing the purchase by Yeas 19. Nays 0. contract of labor and materials nec- In compliance with Section 33 of Ord. No. 1012-96. essary to refurbish the exterior of the Charter, a copy of the legisla- By Councilmen Coats, Jackson tion was furnished to each member and Rokakis (by departmental the Burke Lakefront Airport termi- of Council before final passage. request). nal building, for the Department of An emergency ordinance autho- Port Control. Ord. No. 941-96. rizing the Director of Economic Approved by Directors of Port By Councilmen Johnson and Development to enter into a contract Control, Finance, Law; Recommend- Rokakis (by departmental request). with Castle Precision Industries, or ed by Committees on Aviation and An emergency ordinance for the its designee, to provide economic Transportation, Finance. issuance and sale of bonds in the development assistance to partially The rules were suspended. Yeas maximum principal amount of finance the acquisition of machin- 19. Nays 0. Read third time. Passed. $4,955,000 for the purpose of provid- ery and equipment to produce air- Yeas 19. Nays 0. ing funds to improve municipal craft landing gear, located at 12401 recreation facilities, to pay capital- Taft Avenue, Cleveland, Ohio. Ord. No. 929-96. ized interest and to pay all expens- Approved by Directors of Eco- By Councilmen Miller and es incurred in connection with the nomic Development, Finance, Law; Rokakis (by departmental request). issuance of the bonds; to authorize Recommended by Committees on An emergency ordinance deter- agreements with respect to the Community and Economic Develop- mining the method of making the bonds; and to authorize the issuance ment, Finance. public improvement of removing of notes in anticipation of such The rules were suspended. Yeas asbestos and asbestos containing bonds. 19. Nays 0. Read third time. Passed. materials from various sites at Approved by Directors of Public Yeas 19. Nays 0. Cleveland Hopkins International Parks, Properties and Recreation, Airport, and authorizing the Direc- Finance, Law; Recommended by Ord. No. 1013-96. tor of Port Control to enter into con- Committees on Public Parks, Prop- By Councilmen Coats and Rokakis tract for the making of such erties and Recreation, Finance; (by departmental request). improvement. when amended as follows: An emergency ordinance autho- Approved by Directors of Port 1. In title, line four, delete rizing and directing the purchase by 1175 46 The City Record June 19, 1996 requirement contract of labor and ders, for the Division of Waste Col- ments; and authorizing and approv- materials necessary to install lection and Disposal, Department of ing related matters. rebuilt gasoline and diesel engines, Public Service. Approved by Directors of Parks, for the Division of Motor Vehicle Approved by Directors of Public Recreation and Properties, Finance, Maintenance, Department of Public Service, Finance, Law; Recommend- Law; Recommended by Committees Service. ed by Committees on Public Service, on Public Parks, Properties and Approved by Directors of Public Finance. Recreation, Finance. Service, Finance, Law; Recommend- The rules were suspended. Yeas The rules were suspended. Yeas ed by Committees on Public Service, 19. Nays 0. Read third time. Passed. 19. Nays 0. Read third time. Passed. Finance. Yeas 19. Nays 0. Yeas 19. Nays 0. The rules were suspended. Yeas 19. Nays 0. Read third time. Passed. Ord. No. 1019-96. Ord. No. 1025-96. Yeas 19. Nays 0. By Councilmen Coats and Rokakis By Councilmen Jackson, Rybka (by departmental request). and Rokakis (by departmental Ord. No. 1014-96. An emergency ordinance autho- request). By Councilmen Coats and Rokakis rizing and directing the purchase by An emergency ordinance autho- (by departmental request). requirement contract of labor and rizing the sale of real property as An emergency ordinance autho- materials necessary to repair, as part of the Land Reutilization Pro- rizing and directing the purchase by needed, compactors, tire shredder gram and located on East side of requirement contract of tires, for and push pits at the Ridge Road East 37th Street through East 43rd the Division of Motor Vehicle Main- Transfer Station, for the Division of Street, Central to Cedar to Burten, tenance, Department of Public Ser- Waste Collection and Disposal, Bell and Carr Development Corpo- vice. Department of Public Service. ration or its designee. Approved by Directors of Public Approved by Directors of Public Approved by Directors of Commu- Service, Finance, Law; Recommend- Service, Finance, Law; Recommend- nity Development, City Planning ed by Committees on Public Service, ed by Committees on Public Service, Commission, Finance, Law; Recom- Finance. Finance. mended by Committees on Commu- The rules were suspended. Yeas The rules were suspended. Yeas nity and Economic Development, 19. Nays 0. Read third time. Passed. 19. Nays 0. Read third time. Passed. City Planning, Finance. Yeas 19. Nays 0. Yeas 19. Nays 0. The rules were suspended. Yeas 19. Nays 0. Read third time. Passed. Ord. No. 1015-96. Ord. No. 1020-96. Yeas 19. Nays 0. By Councilmen Coats and Rokakis By Councilmen Jackson, Rybka (by departmental request). and Rokakis (by departmental Ord. No. 1027-96. An emergency ordinance autho- request). By Councilmen Lewis, Patmon, rizing and directing the purchase by An emergency ordinance autho- Britt, Jackson and Rokakis (by requirement contract of automotive rizing the sale of real property as departmental request). and truck parts, including labor if part of the Land Reutilization Pro- An emergency ordinance autho- necessary, and an inventory control gram and located on East 69th rizing the Director of Economic service, for the Division of Motor Street to Burten, Bell and Carr Development to expend Economic Vehicle Maintenance, Department of Development Corporation or Development Initiative Grant funds Public Service. designee. to enter into all contracts and relat- Approved by Directors of Public Approved by Directors of Commu- ed documents with Hough Area Service, Finance, Law; Recommend- nity Development, City Planning, Partners in Progress, Glenville ed by Committees on Public Service, Finance, Law; Recommended by Development Corporation, Fairfax Finance. Committees on Community and Eco- Renaissance Development Corpora- The rules were suspended. Yeas nomic Development, City Planning, tion, and Midtown Corridor, Inc., or 19. Nays 0. Read third time. Passed. Finance. their designees, to allow these Com- Yeas 19. Nays 0. The rules were suspended. Yeas munity Based Development Organi- 19. Nays 0. Read third time. Passed. zations to contract with Vocational Ord. No. 1016-96. Yeas 19. Nays 0. Guidance Services to provide a job By Councilmen Coats and Rokakis training, matching, and placement (by departmental request). Ord. No. 1022-96. service for Empowerment Zone res- An emergency ordinance autho- By Councilmen Rybka, Jackson idents, all in accordance with the rizing and directing the purchase by and Rokakis (by departmental City’s Empowerment Zone Strategic requirement contract of Meyer snow request). Plan. plow and spreader parts, and labor An emergency ordinance autho- Approved by Directors of Eco- for installation, if necessary, for the rizing the sale of real property as nomic Development, Finance, Law; Division of Motor Vehicle Mainte- part of the Land Reutilization Pro- Recommended by Committees on nance, Department of Public Ser- gram and located at 3605 East 65th Community and Economic Develop- vice. Street to Broadway Area Housing ment, Finance; when amended as Approved by Directors of Public Coalition. follows: Service, Finance, Law; Recommend- Approved by Directors of Commu- 1. In Section 1, at the end, add the ed by Committees on Public Service, nity Development, City Planning, following: “ That said contracts shall Finance. Finance, Law; Recommended by provide the designated Empower- The rules were suspended. Yeas Committees on Community and Eco- ment Zone Community Based Devel- 19. Nays 0. Read third time. Passed. nomic Development, City Planning, opment Organization the right to Yeas 19. Nays 0. Finance. designate representatives of the The rules were suspended. Yeas respective Neighborhood Advisory Ord. No. 1017-96. 19. Nays 0. Read third time. Passed. Council who will work with Voca- By Councilmen Coats and Rokakis Yeas 19. Nays 0. tional Guidance services in recruit- (by departmental request). ing candidates in hiring staff of the An emergency ordinance autho- Ord. No. 1023-96. respective Neighborhood Based Job rizing and directing the purchase by By Councilmen Johnson and Match Teams.”. requirement contract of various Rokakis (by departmental request). Amendment agreed to. automobile and truck oils and lubri- An emergency ordinance autho- The rules were suspended. Yeas cants, for the Division of Motor rizing the issuance of parking facil- 19. Nays 0. Read third time. Passed. Vehicle Maintenance, Department of ities refunding revenue bonds of the Yeas 19. Nays 0. Public Service. City of Cleveland in the maximum In compliance with Section 33 of Approved by Directors of Public aggregate principal amount of the Charter, a copy of the legisla- Service, Finance, Law; Recommend- $85,000,000 (except in the event that tion was furnished to each member ed by Committees on Public Service, any series 1996 bonds are to be of Council before final passage. Finance. offered at an original issue dis- The rules were suspended. Yeas count), for the purpose of advance Ord. No. 1028-96. 19. Nays 0. Read third time. Passed. refunding the City’s outstanding By Councilmen Miller, McGuirk, Yeas 19. Nays 0. parking facilities improvement rev- Jackson and Rokakis (by depart- enue bonds, series 1992; authorizing mental request). Ord. No. 1018-96. a trust indenture providing for the An emergency ordinance autho- By Councilmen Coats and Rokakis rights of the holders of the refund- rizing the Director of Economic (by departmental request). ing bonds and pledging pledged rev- Development to enter into a contract An emergency ordinance autho- enues to secure those bonds; autho- with Emerald Research Park, Ltd., rizing and directing the purchase by rizing a first supplemental trust or its designee, to provide economic requirement contract of labor and indenture, a bond purchase agree- development assistance to partially materials needed to repair rear load- ment, an escrow agreement, an offi- finance the construction of infra- ing packer bodies, excluding cylin- cial statement and related agree- structure, an access road and other 1176 June 19, 1996 The City Record 47 site improvements to facilitate the summer interns, for the Division of known as the Memphis Fulton Shop- development of the Emerald Environment, Department of Public ping Center located in Cleveland, Research Park, located in Cleve- Health. Ohio. land, Ohio. Approved by Directors of Public Approved by Directors of Eco- Approved by Directors of Eco- Health, Finance, Law; Recommend- nomic Development, Finance, Law; nomic Development, Finance, Law; ed by Committees on Public Health, Recommended by Committees on Recommended by Committees on Finance. Community and Economic Develop- Community and Economic Develop- The rules were suspended. Yeas ment, Finance. ment, Finance. 19. Nays 0. Read third time. Passed. The rules were suspended. Yeas The rules were suspended. Yeas Yeas 19. Nays 0. 18. Nays 0. Read third time. Passed. 19. Nays 0. Read third time. Passed. Yeas 18. Nays 0. Yeas 19. Nays 0. Ord. No. 1039-96. By Councilmen Robinson and Ord. No. 1044-96. Ord. No. 1030-96. Rokakis (by departmental request). By Councilmen Rokakis, Jackson By Councilmen Patton, Jackson, An emergency ordinance autho- and Rybka (by departmental Rybka and Rokakis (by departmen- rizing and directing the purchase or request). tal request). lease by contract of a Medical An emergency ordinance autho- An emergency ordinance autho- Mobile Unit for the Department of rizing the Director of Economic rizing the sale of real property as Public Health, Division of Health, Development to enter into an Enter- part of the Land Reutilization Pro- for the Healthy Family Healthy prise Zone Agreement with Charter gram and located on Ohio Avenue Start Project. One Bank, or its designee, to pro- and 15209 Lincoln Avenue to Amis- Approved by Directors of Public vide for a ten (10) year abatement tad Development Corporation. Health, Finance, Law; Recommend- for certain real and tangible per- Approved by Directors of Commu- ed by Committees on Public Health, sonal property taxes as an incentive nity Development, City Planning, Finance. to construct an operations center at Finance, Law; Recommended by The rules were suspended. Yeas 4103 Memphis Avenue located in the Committees on Community and Eco- 19. Nays 0. Read third time. Passed. Cleveland Area Enterprise Zone. nomic Development, City Planning, Yeas 19. Nays 0. Approved by Directors of Eco- Finance. nomic Development, City Planning The rules were suspended. Yeas Ord. No. 1040-96. Commission, Finance, Law; Recom- 19. Nays 0. Read third time. Passed. By Councilmen Robinson and mended by Committees on Commu- Yeas 19. Nays 0. Rokakis (by departmental request). nity and Economic Development, An emergency ordinance autho- City Planning, Finance. Ord. No. 1035-96. rizing the Director of Public Health The rules were suspended. Yeas By Councilmen Polensek, Jackson to enter into contract with Cleve- 18. Nays 0. Read third time. Passed. and Rokakis (by departmental land Housing Network for the Yeas 18. Nays 0. request). implementation of the Lead-based An emergency ordinance autho- Paint Abatement on Low and Mod- Councilman Rokakis entered the rizing the Director of Economic erate Income Private Housing Pro- meeting. Development to enter into a contract gram. with MALCO Incorporated, or its Approved by Directors of Public Ord. No. 1046-96. designee, to provide economic devel- Health, Finance, Law; Recommend- By Councilmen Willis, Jackson, opment assistance to partially ed by Committees on Public Health, Rybka and Rokakis (by departmen- finance the acquisition of machin- Finance. tal request). ery and computer equipment, locat- The rules were suspended. Yeas An emergency ordinance autho- ed at 14200 Darley Avenue, Cleve- 19. Nays 0. Read third time. Passed. rizing the sale of real property as land, Ohio. Yeas 19. Nays 0. part of the Land Reutilization Pro- Approved by Directors of Eco- gram and located at 12109 Wade nomic Development, Finance, Law; Ord. No. 1041-96. Park Avenue to Robert C. and Car- Recommended by Committees on By Councilman Rokakis (by rie L. Jones. Community and Economic Develop- departmental request). Approved by Directors of Commu- ment, Finance. An emergency ordinance autho- nity Development, City Planning, The rules were suspended. Yeas rizing and directing the purchase by Finance, Law; Recommended by 19. Nays 0. Read third time. Passed. requirement contract of a 1997 crim- Committees on Community and Eco- Yeas 19. Nays 0. inal and civil filing system, includ- nomic Development, City Planning, ing but not limited to accessories, Finance. Ord. No. 1036-96. and labor if necessary, for the The rules were suspended. Yeas By Councilmen Polensek and Cleveland Municipal Court. 19. Nays 0. Read third time. Passed. Rokakis (by departmental request). Approved by Directors of Finance, Yeas 19. Nays 0. An emergency ordinance to sup- Law; Recommended by Committee plement the Codified Ordinances of on Finance. Ord. No. 1106-96. Cleveland, Ohio, 1976, be enacting The rules were suspended. Yeas By Councilmen Miller and new Section 135.54 thereof, relating 19. Nays 0. Read third time. Passed. Rokakis (by departmental request). to obtaining access to computerized Yeas 19. Nays 0. An emergency ordinance autho- law enforcement information rizing the Director of Port Control through the Law Enforcement Auto- Ord. No. 1042-96. to enter into a Lease By Way of mated Data System (LEADS), for By Councilman Rokakis (by Concession with Continental Air- the Department of Public Safety, departmental request). lines, Inc. for an aircraft hangar Division of Police. An emergency ordinance autho- and freight terminal facility at Approved by Directors of Public rizing and directing the purchase by Cleveland Hopkins International Safety, Finance, Law; Recommended requirement contract of computer Airport. by Committees on Public Safety, supplies, for the Division of Infor- Approved by Directors of Port Legislation, Finance; when amended mation Systems Services, Depart- Control, Finance, Law; Recommend- as follows: ment of Finance. ed by Committees on Aviation and 1. In Section 2, line 2, strike “01- Approved by Directors of Finance, Transportation, Finance. 60-02-032” and insert in lieu thereof Law; Recommended by Committee The rules were suspended. Yeas “01-60-02-0320”. on Finance. 19. Nays 0. Read third time. Passed. Amendment agreed to. The rules were suspended. Yeas Yeas 19. Nays 0. The rules were suspended. Yeas 19. Nays 0. Read third time. Passed. 19. Nays 0. Read third time. Passed. Yeas 19. Nays 0. Ord. No. 1110-96. Yeas 19. Nays 0. By Councilmen Rokakis, Jackson In compliance with Section 33 of Councilman Rokakis left the and Rybka (by departmental the Charter, a copy of the legisla- meeting. request). tion was furnished to each member An emergency ordinance autho- of Council before final passage. Ord. No. 1043-96. rizing the sale of real property as By Councilmen Rokakis and Jack- part of the Land Reutilization Pro- Ord. No. 1038-96. son (by departmental request). gram and located at 1921 and 1623 By Councilmen Robinson and An emergency ordinance autho- Denison Avenue; 3896-98 West 34th Rokakis (by departmental request). rizing the Director of Economic Street and 3739 West 36th Street to An emergency ordinance autho- Development to enter into a contract Old Brooklyn Community Develop- rizing and directing the Director of with Memphis Fulton Associates, or ment Corporation or its designee. Public Health to enter into contract its designee, to provide economic Approved by Directors of Commu- with Environmental Careers Orga- development assistance to partially nity Development, City Planning, nization, Inc. for professional ser- finance the completion of the reha- Finance, Law; Recommended by vices to recruit, select and place bilitation of the real property Committees on Community and Eco- 1177 48 The City Record June 19, 1996 nomic Development, City Planning, 535.05, 535.06 of the Codified Ordi- standing various purpose general Finance. nances of Cleveland, Ohio, 1976, and obligation bonds issued in the years The rules were suspended. Yeas to restate Sections 535.04, 535.18 and 1986, 1987, 1988, 1989 and 1990 and 19. Nays 0. Read third time. Passed. 535.21 of said Codified Ordinances, to pay expenses incurred in the Yeas 19. Nays 0. as amended by Ordinance No. 2013- issuance of those bonds and that 95, passed April 1, 1996, relating to refunding, and authorizing the exe- Ord. No. 1111-96. rates, rules and regulations for cution and delivery of an escrow By Councilmen Smith, Jackson, water service provided by the Divi- agreement and other agreements Rybka and Rokakis (by departmen- sion of Water, Department of Pub- with respect to the bonds and the tal request). lic Utilities. advance refunding. An emergency ordinance autho- Approved by Directors of Public Read third time. Passed. Yeas 19. rizing the sale of real property as Utilities, Finance, Law; Recom- Nays 0. part of the Land Reutilization Pro- mended by Committees on Public gram and located at 3322 West 43 Utilities, Legislation, Finance. LAID ON THE TABLE Street and 3319 West 43 Street to The rules were suspended. Yeas Caren Meagher. 19. Nays 0. Read third time. Passed. Ord. No. 822-96. Approved by Directors of Commu- Yeas 19. Nays 0. By Councilmen Patton and nity Development, City Planning, Rokakis (by departmental request). Finance, Law; Recommended by SECOND READING EMERGENCY An emergency ordinance autho- Committees on Community and Eco- RESOLUTION ADOPTED rizing and directing the purchase by nomic Development, City Planning, contract of not to exceed five heavy Finance. Res. No. 946-96. duty vehicles, for the Division of The rules were suspended. Yeas By Councilmen Polensek, Jackson, Water Pollution Control, Depart- 19. Nays 0. Read third time. Passed. Rybka and Rokakis (by departmen- ment of Public Utilities. Yeas 19. Nays 0. tal request). Without objection, Ordinance No. An emergency resolution declar- 822-96 was Laid on the Table pur- Councilman Westbrook left the ing the necessity and intention to suant to the Rules of Council. meeting. appropriate property located at 15900 Lake Shore Boulevard (partial The Council resolved itself to the Ord. No. 1112-96. taking) and 16013-15 Damon Avenue Committee of the Whole. By Councilmen Westbrook, Jack- for public use for the municipal pur- son, Rybka and Rokakis (by depart- pose of expanding the Humphrey The regular meeting of the Coun- mental request). Park Facility. cil resumed and was called to order, An emergency ordinance autho- Approved by Directors of Commu- the President, Jay Westbrook in the rizing the sale of real property as nity Development, City Planning Chair. part of the Land Reutilization Pro- Commission, Finance, Law; Recom- gram and located at 1320 West 110th mended by Committees on Commu- Councilmen present: Britt, Coats, Street to Nugent Bros. Renovation nity and Economic Development, Jackson, Lewis, McGuirk, Melena, and Construction Company. Finance, Law. Miller, Patmon, Patton, Paulenske, Approved by Directors of Commu- The rules were suspended. Yeas Polensek, Robinson, Rokakis, nity Development, City Planning, 19. Nays 0. Read third time. Adopt- Rybka, Smith, Westbrook, White, Finance, Law; Recommended by ed. Yeas 19. Nays 0. Willis, Zone. Committees on Community and Eco- nomic Development, City Planning, THIRD READING EMERGENCY FIRST READING EMERGENCY Finance. ORDINANCES PASSED ORDINANCE READ IN FULL The rules were suspended. Yeas AND PASSED 18. Nays 0. Read third time. Passed. Ord. No. 938-96. Yeas 18. Nays 0. By Councilmen Coats and Rokakis Ord. No. 1235-96. (by departmental request). By Councilmen Westbrook and Councilman Westbrook entered An emergency ordinance provid- Rybka. the meeting. ing for the issuance and sale of An emergency ordinance autho- bonds in the maximum principal rizing and directing the Mayor and Ord. No. 1113-96. amount of $18,605,000 for the pur- the Director of Parks, Recreation By Councilmen White, Jackson, pose of providing funds to improve and Properties to enter into a First Rybka and Rokakis (by departmen- the municipal street system and Amendment to the contract between tal request). related facilities, to pay capitalized the City of Cleveland and the An emergency ordinance autho- rizing the sale of real property as interest and to pay all expenses National Football League to state part of the Land Reutilization Pro- incurred in connection with the conditions relating to payment of gram and located at 9212 Miles issuance of the bonds; to authorize real estate taxes on any portion of Avenue and 9216 Miles Avenue to agreements with respect to the the Leased Premises and to clarify Triumph The Church and Kingdom bonds; and to authorize the issuance the use of the Leased Premises. of God In Christ. of notes in anticipation of such Whereas, on March 8, 1996, this Approved by Directors of Commu- bonds. Council passed Ordinance No. 303-96, nity Development, City Planning, Read third time. Passed. Yeas 19. wherein Section 5 of said Ordinance Finance, Law; Recommended by Nays 0. authorized the Mayor and the Direc- Committees on Community and Eco- tor of Parks, Recreation and Prop- nomic Development, City Planning, Ord. No. 939-96. erties to enter into a Lease By Way Finance. By Councilmen Coats and Rokakis of Concession between the City and The rules were suspended. Yeas (by departmental request). the NFL (hereinafter the “Lease”), 19. Nays 0. Read third time. Passed. An emergency ordinance provid- for the purpose that the Cleveland Yeas 19. Nays 0. ing for the issuance and sale of NFL franchise would play for 30 bonds in the maximum principal years all regular season home Ord. No. 1116-96. amount of $1,130,000 for the purpose games in the new stadium; and By Councilmen Westbrook and of providing funds for public Whereas, it is Council’s desire to Rokakis (by departmental request). improvements of streets and munic- clarify issues relating to certain An emergency ordinance autho- ipal properties and easements in potential tax liabilities, mainte- rizing and directing the Director of residential areas and for paying nance obligations and future devel- Finance to pay as Moral Claims the capitalized interest and all expens- opment rights; and sums herein set forth opposite the es incurred in connection with the Whereas, this ordinance consti- names of the claimants. issuance of the bonds; to authorize tutes an emergency measure pro- Approved by Directors of Finance, agreements with respect to the viding for the usual daily operation Law; Recommended by Committee bonds; and to authorize the issuance of a municipal department; now, on Finance. of notes in anticipation of such therefore, The rules were suspended. Yeas bonds. Be it ordained by the Council of 19. Nays 0. Read third time. Passed. Read third time. Passed. Yeas 19. the City of Cleveland: Yeas 19. Nays 0. Nays 0. Section 1. That the Mayor and the Director of Parks, Recreation and SECOND READING Ord. No. 942-96. Properties are hereby authorized ORDINANCE PASSED By Councilman Rokakis (by and directed to enter into an amend- departmental request). ment to the contract between the Ord. No. 935-96. An emergency ordinance provid- City of Cleveland and the National By Councilmen Patton, McGuirk ing for the issuance and sale of Football League to clarify and con- and Rokakis (by departmental bonds in the maximum principal firm that notwithstanding any pro- request). amount of $45,000,000 to advance visions of the Lease to the contrary, An ordinance to amend Sections refund certain of the city’s out- the Lessee or any subtenant shall 1178 June 19, 1996 The City Record 49 pay any and all real estate taxes Councilman Kenneth Johnson and Henderson, Smith, Directors Spell- assessed on the Leased Premises Councilman Patrick O’Malley be, man, Hamilton, Acting Director Bal- attributable to any development and is hereby authorized. raj. activity outside the footprint of the Nays: None. stadium structure itself, and shall MOTION Absent:None. pay any and all real estate taxes separately assessed on areas or The Council adjourned at 4:25 p.m. Resolution No. 387-96. operations within the stadium struc- to meet at the call of the Chair. By Director Konicek. ture itself if said areas or opera- Be it resolved, by the Board of tions are used at any time for a Control of the City of Cleveland, retail purpose independent of sched- that the bid of Choice Construction uled stadium events open to the Co., Inc. for the public improvement public and result in the County of Cardinal Mindszenty Plaza Reno- Auditor assessing additional real vations, including the base bid and estate taxes on account of said area a contingency allowance of or operation. $60,000.00 for the Division of Water, Section 2. That the Mayor and the Department of Public Utilities, Director of Parks, Recreation and received on May 15, 1996, pursuant Properties are hereby authorized THE CALENDAR to the authority of Ordinance Nos. and directed to enter into an amend- 1254-92 and 2096-92, passed June 15, 1992 and December 14, 1992, respec- ment to the contract between the The following measures will be tively, upon a unit basis, for the City and the National Football on their final passage at the next improvement in the aggregate League to clarify and confirm that, meeting: amount of Six Hundred Sixty-Three notwithstanding any provision of NONE the Lease to the contrary, (a) the Thousand Seven Hundred Sixty-One Dollars and 50/cents ($663,761.50), is only permitted use by Lessee of the hereby affirmed and approved as facility is the leasing of a sports BOARD OF CONTROL the lowest responsible bid; and the facility for the play of professional Director of Public Utilities is here- football games and the presentation by authorized to enter into contract of other entertainment and public for said improvement with said bid- attractions; hosting NFL sanctioned June 12, 1996 der. football games in the facility; con- Be it resolved by the Board of ducting practices or workouts by The regular meeting of the Board Control of the City of Cleveland that professional football teams whether of Control convened in the Mayor’s the following subcontractor to or not for exhibition to the public; office on Wednesday, June 12, 1996, Choice Construction Co., Inc. for the selling or granting to third parties at 11:00 a.m., with Director Sobol above-mentioned public improve- the right to sell tickets or seats, Jordan presiding. ment hereby is approved: and for the conducting and exhibit- Present: Directors Sobol Jordan, ing by the Lessee to the public Acting Director Carmody, Director NAME WORK other events or activities held in Konicek, Acting Director Sheehan, connection with or involving the Director Guzman, Acting Directors Perk Company playing or exhibition of profession- Henderson, Smith, Directors Spell- Concrete and al football games; Lessee’s adminis- man, Hamilton, Acting Director Bal- Demolition trative office use; restaurants or raj. 23% (MBE) food or beverage service facilities Absent: Mayor White, Directors by Lessee or its designee in the Nolan, Axelrod. Yeas: Director Sobol Jordan, Act- facility; and presenting other sport- Others: William Moon, Commis- ing Director Carmody, Director Kon- ing events, musical concerts and sioner, Purchases and Supplies, icek, Acting Director Sheehan, other similar events and activities Linda Willis, Director, Office of Director Guzman, Acting Directors as may be lawfully conducted in the Equal Opportunity. Henderson, Smith, Directors Spell- facility; (b) any additional use of On motion, the following resolu- man, Hamilton, Acting Director Bal- raj. the Leased Premises must be autho- tions were adopted. rized by a further amendment to the Nays: None. Absent:None. Lease in accordance with its terms Resolution No. 386-96. and as authorized by ordinance of By Director Konicek. Resolution No. 388-96. Council, and (c) as of April 1, 1997, Be it resolved by the Board of but in no event later than the com- By Director Konicek. Control of the City of Cleveland that Whereas, pursuant to Ordinance pletion of construction, the parties pursuant to the authority of Ordi- shall record a new legal description No. 1942-92, passed by the Cleveland nance No. 529-93, passed by the City Council on December 14, 1992, for the parcel on which the new Council of the City of Cleveland on stadium is located. and Board of Control Resolution No. April 26, 1993, Clean Harbors Envi- Section 3. That this ordinance is 839-94, adopted November 9, 1994, the ronmental Services, Inc., is hereby City of Cleveland entered into an hereby declared to be an emergency selected from a list of firms deter- measure and, provided it receives agreement with Bemba K. Jones, mined, after a full and complete the affirmative vote of two-thirds of P.S. & Associates (City Contract No. canvass by the Director of Public all the members elected to Council, 46796) for the engineering services Utilities, as the firm to be employed it shall take effect and be in force required for the public improvement by contract to provide professional immediately upon its passage and of Doan Brook Detention Basin; and services necessary to provide train- approval by the Mayor; otherwise it Whereas, Bemba K. Jones, P.S. & ing sessions for employees regard- shall take effect and be in force Associates has requested the con- ing various OSHA and DOT regula- sent of the City to assign the pay- from and after the earliest period tions, for the Division of Water, ments under the agreement to allowed by law. Adache Cuini-Lynn & Associates, Motion to suspend the rules. Char- Department of Public Utilities. Be it further resolved that the Inc., now, therefore, ter and statutory provisions and Be it resolved by the Board of place on final passage. Director of Public Utilities hereby is requested to enter into a contract Control of the City of Cleveland that The rules were suspended. Yeas the request of Bemba K. Jones, P.S. 19. Nays 0. Read second time. Read with Clean Harbors Environmental Services, Inc. based upon its pro- & Associates to assign the payments third time in full. Passed. Yeas 16. under the agreement (City Contract Nays 3. Those voting yea were posal dated November 2, 1995 which contract shall be prepared by the No. 46796) for the engineering ser- Councilmen: Britt, Coats, Jackson, vices required for the public McGuirk, Melena, Miller, Patmon, Director of Law, shall provide for furnishing of professional services improvement of Doan Brook Deten- Patton, Paulenske, Robinson, tion Basin from Bemba K. Jones, as contained in said proposal upon Rokakis, Rybka, Westbrook, White, P.S. & Associates to Adache Cuini- Willis, Zone. Those voting nay were execution of a contract for an Lynn & Associates, Inc., is hereby Councilmen: Lewis, Polensek, Smith. aggregate fee not in excess of approved. Absent: Councilmen Johnson and $10,500.00 and shall contain such Be it further resolved that the O’Malley. additional provisions as the Director Director of Public Utilities is here- of Law deems necessary to protect by authorized to complete and exe- MOTION and benefit the public interest. cute all documents necessary and Yeas: Director Sobol Jordan, Act- appropriate to effect the assignment By Councilman Coats, seconded by ing Director Carmody, Director Kon- hereby authorized. Councilman Polensek and unani- icek, Acting Director Sheehan, Yeas: Director Sobol Jordan, Act- mously carried, that the absence of Director Guzman, Acting Directors ing Director Carmody, Director Kon- 1179 50 The City Record June 19, 1996 icek, Acting Director Sheehan, Resolution No. 392-96. Whereas, pursuant to Ordinances Director Guzman, Acting Directors By Director Cunningham. Nos. 2350-82 and 1608-83, passed by Henderson, Smith, Directors Spell- Whereas, pursuant to Ordinance the Council of the City of Cleveland man, Hamilton, Acting Director Bal- Nos. 450-81 and 131-A-82 passed by on October 18, 1982 and June 27, raj. the Council of the City of Cleveland 1983, respectively, the City of Cleve- Nays: None. on November 30, 1981 and April 26, land entered into an amendment to Absent: None. 1982, respectively, the City of Cleve- Contract No. 32625 approving an land entered into a Lease By Way assignment of the lease for financ- Resolution No. 389-96. of Concession (“Lease”) with The ing purposes, and adding additional By Director Konicek. Airplane Company (“Lessee”) for ramp space to the lease areas; and Be it resolved, by the Board of the operation of an airport fixed Whereas, Lessee has requested Control of the City of Cleveland that base facility and aircraft hangar at the City of Cleveland’s consent to Board of Control Resolution No. 191- Burke Lakefront Airport, Contract the transfer of stock from the 96, adopted March 27, 1996, approv- No. 32625; and majority stock holder, David F. ing the bid of Wake Forest Garden Whereas, pursuant to Ordinances Maruna, to Business Aircraft Main- Center for System Expansion, resi- Nos. 2350-82 and 1608-83, passed by tenance, Inc. and to the assignment dential reforestation item nos. 8a, the Council of the City of Cleveland of the lease to Business Aircraft 18a, 29a and 48a, for the Division of on October 18, 1982 and June 27, Maintenance, Inc. in accordance Cleveland Public Power, Depart- 1983, respectively, the City of Cleve- with Section 9 of Contract No. 32625, ment of Public Utilities, is hereby land entered into an amendment to and to recognize a change of the amended by deleting the words Contract No. 32625 approving an name of the facility to “Business “Wake Forest Garden Center” and assignment of the lease financing Aircraft Center;” and substituting therefor the words, purposes, and adding additional Whereas, the Airplane Company “Edward Hines, d/b/a Wake Forest ramp space to the lease areas; and owes the City $71,342.12 in out- Garden Center”. Whereas, Lessee has requested standing rent and utility payments; Be it further resolved that all the City of Cleveland’s consent to now, therefore, other provisions of said Resolution the transfer of stock from the Be it resolved by the Board of No. 191-96 not expressly amended majority stock holder, David F. Control of the City of Cleveland that hereby shall remain unchanged and Maruna, to Business Aircraft Main- the transfer of stock from David F. in full force and effect. tenance, Inc. and to the assignment Maruna to Business Aircraft Main- Yeas: Director Sobol Jordan, Act- of the lease to Business Aircraft tenance, Inc., the assignment of the ing Director Carmody, Director Kon- Maintenance, Inc. in accordance Lease to Business Aircraft Mainte- icek, Acting Director Sheehan, with Section 9 of Contract No. 32625, nance, Inc. and the change of name Director Guzman, Acting Directors and to recognize a change of the of the facility from “Airplane Com- Henderson, Smith, Directors Spell- name of the facility to “Business panies” to “Business Aircraft Cen- man, Hamilton, Acting Director Bal- Aircraft Center;” and ter” is hereby approved; provided, raj. Whereas, the Airplane Company however, that the granting of such Nays: None. owes the City $71,342.12 in out- consent is expressly conditioned Absent:None. standing rent and utility payments; upon payment to the City no later now, therefore, than the date of stock transfer, Resolution No. 390-96. Be it resolved by the Board of which shall not be later than June By Director Konicek. Control of the City of Cleveland that 30, 1996, of Thirty-Five Six Hundred Be it resolved by the Board of the transfer of stock from David F. Seventy-One Dollars and Six Cents Control of the City of Cleveland that Maruna to Business Aircraft Main- ($35,671.06) of past due rent and the bid of Hylant Maclean, Inc. for tenance, Inc., the assignment of the utility charges by certified check, the following: boiler machinery Lease to Business Aircraft Mainte- with the balance of the outstanding insurance (all items, option A nance, Inc. and the change of name amount due and owing to the City, $10,000,000.00 policy limit) for the of the facility from “Airplane Com- or $35,671.06, plus simple interest at Division of Cleveland Public Power, panies” to “Business Aircraft Cen- a rate of 4% per annum, to be paid Department of Public Utilities, ter” is hereby approved; provided, within one year after the date of received on the 15th day of May, however, that the granting of such stock transfer. 1996, pursuant to the authority of consent is expressly conditioned Be it further resolved that the Ordinance No. 602-95, passed May 22, upon payment to the City no later Directors of Port Control and Law 1995, which on the basis of order than the date of stock transfer, are hereby authorized to enter into quantities would amount to Two which shall not be later than June any agreements necessary to autho- Hundred Sixty-Eight Thousand Five 30, 1996, of Thirty-Five Thousand rize the above mentioned transfer of Hundred Dollars, ($268,500.00), (2% Dollars ($35,000.00) of past due rent stock and the payment to the City 30 days), is hereby approved as the and utility charges by certified of Cleveland. lowest and best bid, and the Direc- check, with the balance of the out- Yeas: Director Sobol Jordan, Act- tor of Public Utilities is hereby standing amount due and owing to ing Director Carmody, Director Kon- requested to enter into contract for the City, or $36,342.12 plus simple icek, Acting Director Sheehan, such items. interest at a rate of 4% per annum, Director Guzman, Acting Directors Yeas: Director Sobol Jordan, Act- to be paid within one year after the Henderson, Smith, Directors Spell- ing Director Carmody, Director Kon- date of stock transfer. man, Hamilton, Acting Director Bal- icek, Acting Director Sheehan, Be it further resolved that the raj. Director Guzman, Acting Directors Directors of Port Control and Law Nays: None. Henderson, Smith, Directors Spell- are hereby authorized to enter into Absent:None. man, Hamilton, Acting Director Bal- any agreements necessary to autho- raj. rize the above mentioned transfer of Resolution No. 394-96. Nays: None. stock and the payment to the City By Director Cunningham. Absent:None. of Cleveland. Whereas, Pilot Management, Inc. Yeas: None. desires to operate a flight school Resolution No. 391-96. Nays: Director Sobol Jordan, Act- business at Burke Lakefront Airport By Director Konicek. ing Director Carmody, Director Kon- (“Airport”); and Be it resolved, by the Board of icek, Acting Director Sheehan, Whereas, the City of Cleveland is Control of the City of Cleveland that Director Guzman, Acting Directors willing to lease to Pilot Manage- all bids received on May 29, 1996 for Henderson, Smith, Directors Spell- ment, Inc. certain space at Airport Garrett A. Morgan Waterworks man, Hamilton, Acting Director Bal- for its flight school business; now, Chemical Handling Improvement raj. therefore Phase One for the Division of Absent:None. Be it resolved by the Board of Water, Department of Public Utili- Control of the City of Cleveland that ties, pursuant to the authority of Resolution No. 393-96. pursuant to Section 183.04 of the Ordinance No. 1283-94, passed by the By Director Cunningham. Codified Ordinances of Cleveland, Council of the City of Cleveland on Whereas, pursuant to Ordinance Ohio, 1976, the Director of Port Con- June 23, 1994, be and the same are Nos. 450-81 and 131-A-82 passed by trol is authorized to enter into a hereby rejected. the Council of the City of Cleveland concession agreement with Pilot Yeas: Director Sobol Jordan, Act- on November 30, 1981 and April 26, Management, Inc. for the use of ing Director Carmody, Director Kon- 1982, respectively, the City of Cleve- approximately 486.31 square feet of icek, Acting Director Sheehan, land entered into a Lease By Way office/operations space on the first Director Guzman, Acting Directors of Concession (“Lease”) with The floor of the terminal passenger Henderson, Smith, Directors Spell- Airplane Company (“Lessee”) for building at the Airport and for use, man, Hamilton, Acting Director Bal- the operation of an airport fixed and as needed by the Concession- raj. base facility and aircraft hangar at aire, of a terminal building confer- Nays: None. Burke Lakefront Airport, Contract ence room for a period not to exceed Absent: None. No. 32625; and thirty (30) days. Notwithstanding 1180 June 19, 1996 The City Record 51 the above, the Concessionaire shall Public Service, for the period of one Resolution No. 399-96. not use the conference room without (1) year beginning with the date of By Director Spellman. the prior approval of the Commis- execution of a contract received on Whereas, pursuant to Ordinance sioner of Burke Lakefront Airport. the 31st day of May, 1996, pursuant No. 625-96, passed by the Council of The Concessionaire shall for the use to the authority of Ordinance No. the City of Cleveland on May 20, of office and operations space a fee 480-96, passed April 26, 1996, which 1996, the Director of Parks, Recre- of $344.47 for thirty (30) days and on the basis of the estimated quan- ation & Properties is authorized to for the use of a conference room a tity would amount to approximately enter into contract with Clean-Land, fee of $6.25 per hour or fraction One Hundred Fifty Thousand and Ohio, to conduct a vacant lot main- thereof. no/100 Dollars, ($150,000.00), (4% 30 tenance program for the Division of All utilities shall be paid by the Days), is hereby affirmed and Park Maintenance & Properties, concessionaire, except that, the City approved as the lowest and best bid, Department of Parks, Recreation & shall provide, without charge, ordi- and the Director of Public Service Properties for a period not to exceed nary amounts of heat and air con- is hereby requested to enter into a one year, with the compensation to ditioning to the concession premis- requirement contract for such goods be fixed by the Board of Control es. and/or services, which shall provide with prior written notice of the Said concession agreement shall for the immediate purchase as the amount to the chairman of Council’s be prepared by the Director of Law initial amount of such contract of Committee on Public Parks, Proper- and shall contain such provisions as the following: ty and Recreation; and, she deems necessary to benefit and Whereas, by the letter dated June protect the public interest. Requisition No. 091745 11, 1996, the chairman of the Coun- Yeas: Director Sobol Jordan, Act- which shall be certified against cil’s Committee on Public Parks, ing Director Carmody, Director Kon- such contract in the sum of Twen- Property and Recreation was noti- icek, Acting Director Sheehan, ty-Four Thousand and no/100 Dol- fied of the amount of compensation Director Guzman, Acting Directors lars ($24,000.00). to be paid Clean-Lad, Ohio for the Henderson, Smith, Directors Spell- Said requirement contract shall professional services for vacant lot man, Hamilton, Acting Director Bal- further provide that the Contractor maintenance; now, therefore, raj. shall furnish the remainder of the Be it resolved, by the Board of Nays: None. City’s requirements for such goods Control of the City of Cleveland pur- Absent: None. and/or services, whether more or suant to Ordinance No. 625-96, less than said estimated quantity, passed by the Cleveland City Coun- Resolution No. 395-96. as may be ordered under subsequent cil on May 20, 1996, the compensa- By Director Cunningham. requisitions separately certified tion for services to be performed Resolved by the Board of Control against said contract. under the contract authorized by of the City of Cleveland that all Yeas: Director Sobol Jordan, Act- said ordinance for vacant lot main- bids received on May 17, 1996 for ing Director Carmody, Director Kon- tenance shall be 1.79 cents per repairing and rehabilitating roofs icek, Acting Director Sheehan, square foot. for the Division of Cleveland Hop- Director Guzman, Acting Directors Yeas: Director Sobol Jordan, Act- kins International Airport, Depart- Henderson, Smith, Directors Spell- ing Director Carmody, Director Kon- ment of Port Control, pursuant to man, Hamilton, Acting Director Bal- icek, Acting Director Sheehan, the authority of Ordinance No. 351- raj. Director Guzman, Acting Directors Nays: None. 96, passed by the Council of the City Henderson, Smith, Directors Spell- Absent:None. of Cleveland on April 1, 1996, be and man, Hamilton, Acting Director Bal- raj. the same are hereby rejected. Resolution No. 398-96. Yeas: Director Sobol Jordan, Act- Nays: None. By Director Denihan. Absent:None. ing Director Carmody, Director Kon- Resolved, by the Board of Control icek, Acting Director Sheehan, of the City of Cleveland that the bid Resolution No. 400-96. Director Guzman, Acting Directors of Action Door Company for an esti- By Director Spellman. Henderson, Smith, Directors Spell- mated quantity of Repair of Over- Be it resolved by the Board of man, Hamilton, Acting Director Bal- head Doors (All Items), for the Divi- Control of the City of Cleveland that raj. sion of Fire, Department of Public Nays: None. Safety, for the period of two (2) pursuant to Ordinance Nos. 2736-90 Absent: None. years beginning with the date of and 1324-94, passed by the Council execution of a contract received on of the City of Cleveland on Decem- Resolution No. 396-96. the 2nd day of May, 1996, pursuant ber 17, 1990 and July 20, 1994, the By Director Guzman. to the authority of Ordinance No. 37- firm of The Osborn Engineering Resolved by the Board of Control 96, which was passed by City Coun- Company is hereby selected upon of the City of Cleveland that the bid cil on February 12, 1996, which on the nomination of the Director of of Valley Ford Truck Sales, Incor- the basis of the estimated quantity Parks, Recreation and Properties as porated for the following: one (1) would amount to Sixty Thousand the firm of engineers (“Engineer”) customized recreational vehicle (All and no/100 ($60,000.00), Dollars, is to be employed by contract for the Items) for the Division of Motor hereby affirmed and approved as purpose of supplementing the regu- Vehicle Maintenance, Department of the lowest and best bid, and the larly employed staff of several Public Service, received on the 31st Director of Public Safety is hereby departments of the City in order to day of May, 1996, pursuant to the requested to enter into a require- provide the professional services authority of Ordinance No. 1231-95, ment contract for such goods and/or necessary for the passed October 23, 1995, which on services, which shall provide for the renovation/replacement of six pas- the basis of order quantity would immediate purchase as the initial senger elevators in City of Cleve- amount to $41,622.00 is hereby amount of such contract of the fol- land Hall. approved as the lowest and best bid, lowing: Be it further resolved that the and the Director of Public Service Director of Parks, Recreation and is hereby requested to enter into Requisition No. 093712 Properties hereby is authorized to contract for such items. Overhead Door Repair - All Items enter into a written contract with Yeas: Director Sobol Jordan, Act- which shall be certified against Engineer, based upon its proposal ing Director Carmody, Director Kon- such contract in the sum of Ten dated February 9, 1996, which con- icek, Acting Director Sheehan, Thousand and no/100 Dollars tract shall be prepared by the Direc- Director Guzman, Acting Directors ($10,000.00). tor of Law and shall include such Henderson, Smith, Directors Spell- Said requirement contract shall additional provisions as said Direc- man, Hamilton, Acting Director Bal- further provide that the Contractor tor deems necessary to benefit and raj. shall furnish the remainder of the protect the public interest. The fees Nays: None. City’s requirements for such goods for services to be performed under Absent:None. and/or services, whether more or the contract authorized hereby shall less than said estimated quantity, be as stated in the Engineer's pro- Resolution No. 397-96. as may be ordered under subsequent posal and shall not exceed One Hun- By Director Guzman. requisitions separately certified dred Ninety-Four Thousand and Resolved, by the Board of Control against said contract. No/100 Dollars ($194,000.00). Reim- of the City of Cleveland that the bid Yeas: Director Sobol Jordan, Act- bursable expenses shall not exceed of John Lance Ford, Inc. for an esti- ing Director Carmody, Director Kon- Twelve Thousand and No/100 Dol- mated quantity of Ford passenger icek, Acting Director Sheehan, lars ($12,000.00) the total aggregate car parts and labor (All Items) Director Guzman, Acting Directors payments to the Engineer shall not price list #FPS 3642, Cat. #FPS Henderson, Smith, Directors Spell- exceed Two Hundred Six Thousand 8470M, dated April 1, 1996-trade dis- man, Hamilton, Acting Director Bal- and No/100 Dollars ($206,000.00). count 25% (Labor Rate $49.00 per raj. Be it further resolved that Robert hour) for the Division of Motor Nays: None. P. Madison International (MBE - Vehicle Maintenance, Department of Absent: None. 30%) and VanAukin Akins (FBE - 1181 52 The City Record June 19, 1996

8%) are hereby approved as sub- 00/100ths Dollars, ($18,400.00), and Director Guzman, Acting Directors consultants to the Osborn Engineer- Four Thousand, Two Hundred Sev- Henderson, Smith, Directors Spell- ing Company. enty-Five and 00/100ths Dollars, man, Hamilton, Acting Director Bal- Yeas: Director Sobol Jordan, Act- ($4,275.00). raj. ing Director Carmody, Director Kon- Said requirement contract shall Nays: None. icek, Acting Director Sheehan, further provide that the Contractor Absent:None. Director Guzman, Acting Directors shall furnish the remainder of the Henderson, Smith, Directors Spell- City’s requirements for such goods Resolution No. 406-96. man, Hamilton, Acting Director Bal- and/or services, whether more or By Director Hyer. raj. less than said estimated quantity, Whereas, by Board of Control Res- Nays: None. as may be ordered under subsequent olution No. 154-96, adopted March 20, Absent:None. requisitions separately certified 1996, the City, through the Director against said contract. of Finance was authorized to enter Resolution No. 401-96. Yeas: Director Sobol Jordan, Act- into a requirement contract with By Director Spellman. ing Director Carmody, Director Kon- Sage Computer Services, for key- Resolved by the Board of Control icek, Acting Director Sheehan, punch services for the Department of the City of Cleveland that Reso- Director Guzman, Acting Directors of Finance, Division of Taxation; lution No. 273-96, adopted by the Henderson, Smith, Directors Spell- and Board of Control on April 24, 1996, man, Hamilton, Acting Director Bal- Whereas, Resolution No. 154-96 approving the bid of Baker Equip- raj. was erroneously listed as Ordinance ment as lowest and best for leasing Nays: None. No. 1476-94; now, therefore, of 4 mowers for the Division of Absent:None. Be it resolved by the Board of Park Maintenance & Properties, Control of the City of Cleveland that Department of Parks, Recreation & Resolution No. 404-96. Board of Control Resolution No. 154- Properties, is hereby rescinded. By Director Spellman. 96, adopted March 20, 1996, is amend- Yeas: Director Sobol Jordan, Act- Resolved, by the Board of Control ing the Ordinance number 1476-94 to ing Director Carmody, Director Kon- of the City of Cleveland that the bid the correct Ordinance No. 1890-95, icek, Acting Director Sheehan, of Baker Vehicle Systems, Inc. for Be it further resolved that all Director Guzman, Acting Directors an estimated quantity of Four (4) other provisions of said Resolution Henderson, Smith, Directors Spell- High Velocity Blowers (All Items) No. 154-96 not expressly amended man, Hamilton, Acting Director Bal- for the Division of Park Mainte- hereby shall remain unchanged and raj. nance and Properties, Department in full force and effect. Nays: None. of Parks, Recreation and Properties, Yeas: Director Sobol Jordan, Act- Absent: None. for the period of two (2) years ing Director Carmody, Director Kon- beginning with the date of execu- icek, Acting Director Sheehan, Resolution No. 402-96. tion of a contract received on the Director Guzman, Acting Directors By Director Spellman. 16th day of May, 1996, pursuant to Henderson, Smith, Directors Spell- Resolved by the Board of Control the authority of Ordinance No. 427- man, Hamilton, Acting Director Bal- of the City of Cleveland that all 95, passed March 20, 1995, which on raj. bids received on April 4, 1996 for the the basis of the estimated quantity Nays: None. leasing of 6 crew cab pick-ups, 4 would amount to Eleven Thousand, Absent:None. heavy duty tractor mounted Flails, Five Hundred Twenty and 00/100ths 1 dump truck, 4 mowers for the Dollars, ($11,520.00), (2% 30 Days), Resolution No. 407-96. Division of Park Maintenance and is hereby affirmed and approved as By Director Cunningham. Properties, Department of Parks, the lowest and best bid, and the Whereas, pursuant to Ordinance Recreation and Properties, pursuant Director of Parks, Recreation and No. 1251-90, passed by the Cleveland to the authority of Ordinance No. Properties is hereby requested to City Council on June 18, 1990, and 202-96, passed by the Council of the enter into a requirement contract Board of Control Resolution Nos. City of Cleveland on February 26, for such goods and/or services, 823-94 and 239-95, adopted November 1996, be and the same are hereby which shall provide for the immedi- rejected. ate purchase as the initial amount 2, 1994, and March 29, 1995, respec- Yeas: Director Sobol Jordan, Act- of such contract of the following: tively, the City entered into an ing Director Carmody, Director Kon- agreement with URS Consultants, icek, Acting Director Sheehan, Requisition No. 089112 Inc. - Ohio for the design of the new Director Guzman, Acting Directors which shall be certified against parking structure for the Depart- Henderson, Smith, Directors Spell- such contract in the sum of Eleven ment of Port Control, Contract No. man, Hamilton, Acting Director Bal- Thousand, Five Hundred Twenty 48283; and raj. and 00/100ths Dollars, ($11,520.00). Whereas, it is necessary to make Nays: None. Said requirement contract shall an addition to the scope of work Absent: None. further provide that the Contractor previously approved to incorporate shall furnish the remainder of the the design of the rehabilitation of Resolution No. 403-96. City’s requirements for such goods the upper roadway; now, therefore, By Director Spellman. and/or services, whether more or Be it resolved by the Board of Resolved, by the Board of Control less than said estimated quantity, Control of the City of Cleveland that of the City of Cleveland that the bid as may be ordered under subsequent the Director of Port Control is here- of Whitmer Company for an esti- requisitions separately certified by authorized to enter a the first mated quantity of Various Pool against said contract. amendment to the agreement Chemicals (Items 1 and 2) for the Yeas: Director Sobol Jordan, Act- between the City of Cleveland and Division of Recreation, Department ing Director Carmody, Director Kon- URS Consultants, Inc. - Ohio (“Con- of Parks, Recreation and Properties, icek, Acting Director Sheehan, sultants”), Contract No. 48283, for an for the period of one (1) year begin- Director Guzman, Acting Directors addition to the scope of work, based ning with the date of execution of Henderson, Smith, Directors Spell- on the Consultant’s correspondence a contract received on the 8th day man, Hamilton, Acting Director Bal- dated March 26, 1996, as supple- of May, 1996, pursuant to the author- raj. mented by correspondence dated ity of Ordinance No. 29-96, passed Nays: None. April 10, 1996, and June 10, 1996. February 12, 1996, which on the Absent:None. The amount to be paid for all ser- basis of the estimated quantity vices shall be increased from an would amount to Thirty-Six Thou- Resolution No. 405-96. amount not to exceed three million sand, One Hundred Fifty and By Director Hamilton. fifty-three thousand three hundred 00/100ths Dollars, ($36,150.00), (1% Resolved by the Board of Control eleven and no/100 dollars 20 Days), is hereby affirmed and of the City of Cleveland that all approved as the lowest and best bid, bids received on March 3, 1995 for ($3,053,311.00) to an amount not to and the Director of Parks, Recre- Graphic Design and Printing Ser- exceed three million two hundred ation and Properties is hereby vices for Optically Scannable ninety-eight thousand five hundred requested to enter into a require- Inspection Report Forms for the sixty-one and no/100 dollars ment contract for such goods and/or Division of Building and Housing, ($3,298,561.00). services, which shall provide for the Department of Community Develop- Be it further resolved that the immediate purchase as the initial ment, pursuant to the authority of Director of Port Control is hereby amount of such contract of the fol- Ordinance No. 1272-92, passed by the authorized to complete and execute lowing: Council of the City of Cleveland on any documents necessary and appro- June 15, 1992, be and the same are priate to effect the amendment here- Requisition No. 82573 and 82574 hereby rejected. by authorized. which shall be certified against Yeas: Director Sobol Jordan, Act- Yeas: Director Sobol Jordan, Act- such contract in the sum of Eigh- ing Director Carmody, Director Kon- ing Director Carmody, Director Kon- teen Thousand, Four Hundred and icek, Acting Director Sheehan, icek, Acting Director Sheehan, 1182 June 19, 1996 The City Record 53

Director Guzman, Acting Directors 111, 119-29-120, 119-29-122, 119-29-124, Thereafter, eligible lists will be Henderson, Smith, Directors Spell- 119-30-099, 119-31-032, 119-31-033, 119- established which will consist of the man, Hamilton, Acting Director Bal- 31-045, 119-31-048, 119-31-057, 119-31- names of those candidates who have raj. 069, 119-31-080, 119-31-089, 119-31-099, been successful in all parts of the Nays: None. 119-31-102, 119-31-106, 119-31-107, 119- examination. Absent: None. 32-116, 119-32-151, 119-32-172, 119- 33- PHYSICAL EXAMINATION: All 091, 126-07-005, 126-05-109 under said candidates for original entrance Resolution No. 408-96. Land Reutilization Program; and positions who are successful in By Director Spellman. Whereas, Ordinance No. 525-96 other parts of the examinations Be it resolved by the Board of passed June 10, 1996 authorized the must submit to a physical examina- Control of the City of Cleveland that Commissioner of Purchase and Sup- tion. pursuant to Ordinance No. 304-96 plies to sell said parcel for a con- FREDDIE J. FENDERSON, passed by the Council of the City of sideration established by the Board President Cleveland on March 8, 1996, the firm of Control at not less than the Fair of Hellmuth, Obata and Kassabaum Market Value; and Inc., is hereby selected upon the Whereas, Fairfax Renaissance nomination of the Director of Parks, Development Corporation or SCHEDULE OF THE BOARD Recreation and Properties from a designee has proposed to the City to OF ZONING APPEALS list of qualified firms available for purchase and develop said parcel; such employment and determined now, therefore, after a full and complete canvass by Be it resolved, by the Board of MONDAY, JULY 1, 1996 the Director of Parks, Recreation Control of the City of Cleveland that and Properties as the firm of Archi- pursuant to the authorization of 9:30 A.M. tects (“Architect”) to be employed Ordinance No. 525-96 passed June 10, by contract for the purpose of pro- 1996 by the Cleveland City Council, Calendar No. 96-89: 1711 Fulton Rd., viding the professional services nec- the Mayor is hereby requested to N.W. essary for the. demolition of the execute an official deed for and on James R. Newell, owner, to erect existing Cleveland Municipal Stadi- behalf of the City is hereby direct- a 24'x 56' two story frame one fam- um and construction of the New ed to execute an official deed for ily dwelling house and a 24'x 40' Cleveland Browns Football Stadium and on behalf of the City of Cleve- one story private garage, attached Be it further resolved that the land to transfer and sell Permanent to the dwelling by a 5'x 20' Director of Parks, Recreation and Parcel Nos. 119-29-013, 119-29-014, 119- enclosed “hall”, on the 27'x Properties hereby is authorized to 29-015, 119-29-023, 119-29-027, 119-29- 150'(average) irregular shaped lot enter into a written contract with 028, 119-29-029, 119-29-070, 119-29-072, located in a B-Two-Family District the Hellmuth, Obata and Kass- 119-29-080,119-29-105, 119-29-111, 119- at 1711 Fulton Rd.; the north side- abaum Inc., based upon its proposal 29-120, 119-29-122, 119-29-124, 119-30- yard of the proposed dwelling to be dated June 6, 1996, which contract 099, 119-31-032, 119-31-033, 119-31-045, 2' and the south 1' for a total of 3' shall be prepared by the Director of 119-31-048, 119-31-057, 119-31-069, 119- instead of the 10' aggregate and 3' Law and shall include such addi- 31-080, 119-31-089, 119-31-099, 119-31- minimum as required by Section tional provisions as said Director 102, 119-31-106, 119-31-107, 119-32-116, 357.09 and the proposed dwelling to deems necessary to benefit and pro- 119-32-151, 119-32-172, 119-33-091, 126- be located 3.58' from the adjacent tect the public interest. 07-005, 126-05-109, as further dwelling to the north at 1707 Fulton The fees for services to be per- described in said Ordinance to Fair- Rd. instead of the 10' minimum dis- formed under the contract autho- fax Renaissance Development Cor- tance required by Section 357.09 and rized hereby shall not exceed Thir- poration or designee, for develop- the floor area of the dwelling to be teen Million Four Hundred Eighty- ment in accordance with the Land .91 times the lot area contrary to the Eight Thousand and No/100 Dollars Reutilization Program in such man- .5 maximum of Section 355.04 of the ($13,488,000.00). Reimbursable ex- ner as best carries out the intent of Codified Ordinances. penses shall not exceed One Million said program. Twelve Thousand and No/100 Dol- Be it further resolved that the Calendar No. 96-90: 6000 Brookpark lars ($1,012,000.00). The total com- consideration for said parcel shall Rd., S.W. pensation to the Architect shall not be $100.00 each, which amount is Forest City Auto Parts Co., owner, exceed Fourteen Million Five Hun- hereby determined to be not less c/o Jeff Ashby, to install a 65'x 5' dred Thousand and No/100 Dollars than the fair market value of said and a 10'x 6' wall sign on the 110'x ($14,500,000.00). parcel for uses in accordance with 95' masonry building on a 150'x Be it further resolved that the the Land Reutilization Program. 166' (average) irregular shaped lot employment of the following sub- Yeas: Director Sobol Jordan, Act- located in a General Retail District consultants by the Hellmuth, Obata ing Director Carmody, Director Kon- at 6000 Brookpark Rd.; said pro- and Kassabaum Inc. is hereby icek, Acting Director Sheehan, posed signs (385 square feet) approved: Director Guzman, Acting Directors together with existing signs, to be Henderson, Smith, Directors Spell- contrary to the 190 square feet max- Robert P. Madison man, Hamilton, Acting Director Bal- imum of Sections 350.14 and 350.20 International (MBE) raj. of the Codified Ordinances. Ralph C. Tyler Nays: None. Companies (MBE) Absent: None. Calendar No. 96-94: 4492 State Rd., The Outside In (MBE) S.W. Triad Design (FBE) JEFFREY B. MARKS, Evelyn E. Kinsey Inc., owner, c/o Kapp Associates (FBE) Secretary Evelyn E. Kinsey, to erect a 30'x 30' one story masonry tavern build- Total MBE Participation 35% ing on an 83'x 64' irregular shaped Total FBE Participation 5% CIVIL SERVICE NOTICES corner lot located in a Local Retail ______District on the southwest corner of Yeas: Director Sobol Jordan, Act- State Rd. and Behrwald Ave. at 4492 ing Director Carmody, Director Kon- General Information State Rd.; there being 8 off-street icek, Acting Director Sheehan, parking spaces instead of the 12 Director Guzman, Acting Directors Application blanks and informa- spaces required by Section 349.04 Henderson, Smith, Directors Spell- tion, regarding minimum entrance and a portion of said parking spaces man, Hamilton, Acting Director Bal- qualifications, scope of examination, to be located within the front set- raj. and suggested reference materials back areas along State Rd. and Nays: None. may be obtained at the office of the along Behrwald Ave. contrary to the Absent: None. Civil Service Commission, Room 119, location requirements of Section City Hall, East 6th Street, and Lake- 349.05 and said premises not to con- Resolution No. 409-96. side Avenue. form to the landscaping require- By Director Hamilton. Application blanks must be prop- ments of Sections 352.10 and 352.11 Whereas, pursuant to Ordinance erly filled out on the official form of the Codified Ordinances. No. 2076-76 passed October 25, 1976, prescribed by the Civil Service Com- the City is conducting a Land Reuti- mission and filed at the office of the Calendar No. 96-95: 4384 Pearl Rd., lization Program in accordance with commission not later than the final S.W. the provision of Chapter 5722 of the closing date slated in the examina- Thomas E. Walsh, owner, to use Ohio Revised Code; and tion announcement. as an off-street parking lot acces- Whereas, City has acquired Per- EXAMINATION RESULTS: Each sory to 4376 Pearl Rd. the 53'x 142' manent Parcel Nos. 119-29-013, 119-29- applicant whether passing or failing irregular shaped corner lot located 014, 119-29-015, 119-29-023, 119-29-027, will be notified of the results of the in a Local Retail District on the 119-29-028, 119-29-029, 119-29-070, 119- examination as soon as the com- southwest corner of Pearl Rd. and 29-072, 119-29-080, 119-29-105, 119-29- mission has graded the papers. Woburn Ave. at 4384 Pearl Rd.; said 1183 54 The City Record June 19, 1996 parking to be located 4' from the The following appeals were Post- and the Ohio Basic Building Code street line of Pearl Rd. instead of poned to July 8, 1996. (OBBC). 17' back therefrom contrary to the BE IT RESOLVED, a motion is in location requirements of Section Calendar No. 96-80: 3741-43 W. 36th order at this time to permit Mr. 349.05 and the premises not to con- St. McMullen to renew his JOURNEY- form to the landscaping provisions Calendar No. 96-83: 4208 Newark MAN PLUMBER LICENSE without of Sections 352.10 and 352.11 of the Ave., S.W retaking the test, but with payment Codified Ordinances. of the late filing fees. Motion so in ANTHONY COSTANZO, order. Motioned by Mr. Sullivan and Calendar No. 96-96: 15811 Westview Secretary seconded by Mr. Williams. Ave., S.E. Yeas: Messrs. Denk, Williams, George Baily, owner, to erect a Saunders, Sullivan. Nays: None. wheelchair ramp and enclose the REPORT OF THE BOARD Absent: Mr. Bowes. 13'x 5' front patio of the 30'x 30' OF BUILDING STANDARDS one and one half story frame AND BUILDING APPEALS *** dwelling house on a 40'x 140' lot located in a One Family District at Docket A-56-96. 15811 Westview Ave.; said proposed Re: Report of the Meeting of RE: Appeal of Othello Lee, Owner enclosure to exceed the setback pro- of the Residential Property located visions of Section 357.13 of the Cod- June 12, 1996 on the premises known as 11112 ified Ordinances. Avon Avenue from a LIMITATION As required by the provisions of OF THE PERMIT of the Commis- Calendar No. 96-98: 11308 Edgewater Section 3103.20(2) of the Codified sioner of the Division of Building Dr., N.W. Ordinances of the City of Cleveland, and Housing dated April 15, 1996, Jeane Hagan, owner, to erect an Ohio 1976, the following brief of requiring compliance with the Cod- 8'x 25' one story addition, for sun- action the subject meeting is given ified Ordinances of the City of room, to the east side of the 50'x for publication in the City Record: Cleveland, and the Ohio Basic Build- 26' two story brick one family ing Code (OBBC). dwelling on an 82'x 180' irregular *** BE IT RESOLVED, a motion is in shaped lot located in a Limited One order at this time to grant the Family District at 11308 Edgewater Docket A-173-95. Appellant two weeks (2 wks.) in Dr.; said addition to be 2' from the RE: Continuance of Appeal of which to obtain all permits and two east property line and said addition Isabella Basile, Owner of the Prop- months (2 mos.) in which to make to reduce the aggregate sideyards erty located on the premises known substantial satisfactory progress to to 17' instead of the 5' and 20' min- as 1078 Old River Road from an the Board and the inspector; the imums of Section 357.09 of the Cod- ADJUDICATION ORDER of the Board is requesting a written ified Ordinances. Commissioner of the Division of progress report from the inspector Building and Housing dated Novem- in two months (2 mos.) and to ANTHONY COSTANZO, ber 1, 1995, requiring compliance REMAND the property at 11112 Secretary with the Codified Ordinances of the Avon Avenue at this time to the City of Cleveland, and the Ohio Division of Building and Housing Basic Building Code (OBBC). for further action. Motion so in BE IT RESOLVED, a motion is in order. Motioned by Mr. Williams and seconded by Mr. Saunders. REPORT OF THE BOARD order at this time to DENY the vari- ance request and not classify the Yeas: Messrs. Denk, Williams, OF ZONING APPEALS tent as a permanent structure, and Saunders, Sullivan. Nays: None. to require the tent to be moved in Absent: Mr. Bowes. MONDAY, JUNE 17, 1996 accordance to the Resolution of the Board dated November 1, 1995. *** At the Meeting of the Board of Motion so in order. Motioned by Mr. Zoning Appeals, on, Monday, June Williams and seconded by Mr. Saun- Docket A-59-96. 10 , 1996, the following appeals were ders. RE: Appeal of Joe & Mamie Logal- heard by the Board, and decided on Yeas: Messrs. Denk, Williams, bo, Owner of the Residential Prop- Monday, June 17, 1996. Saunders, Sullivan. Nays: None. erty located on the premises known Absent: Mr. Bowes. as 9620 Lamontier Avenue from a The following appeals were CONDEMNATION ORDER of the Granted: *** Commissioner of the Division of Building and Housing dated March Calendar No. 96-61: 3015-35 E. 61 Docket L-2-96. 19, 1996, requiring compliance with the Codified Ordinances of the City Street RE: Appeal of Joseph B. Golubit- of Cleveland, and the Ohio Basic Richard Chambers, owner, and sky, from a LETTER OF DENIAL Building Code (OBBC). James Ownbey, tenant, to use for FOR RENEWAL OF ELECTRICAL BE IT RESOLVED, a motion is in CONTRACTOR LICENSE of the retail sales of new and used furni- order at this time to modify the ture. Commissioner of the Division of Commissioner’s CONDEMNATION Assessments & Licenses dated April NOTICE and LETTER OF INTEN- 11, 1996, requiring compliance with Calendar No. 96-63: 3153-61 W. 40 St. TION TO DEMOLISH by requiring The Ohio Pipe Valve & Equipment the Codified Ordinances of the City the Appellant to board, secure and Co., owner, c/o Michael Resch, to of Cleveland, and the Ohio Basic clean the property immediately and erect a 100'x 100' manufacturing Building Code (OBBC). to maintain it in that condition; and building. BE IT RESOLVED, a motion is in to grant the Appellant two months order at this time to permit Mr. Gol- (2 mos.) in which to obtain financ- Calendar No. 96-75: 10721 Amor Ave., ubitsky to renew his ELECTRICAL ing and obtain permits to abate the N.E. CONTRACTOR LICENSE without violations; the Board is requesting a Belinda Hughes, owner, to erect a retaking the test, but with payment progress report from the inspector 17'6"x 18'6" frame private garage of the late filing fee for this year. in two weeks (2 wks.). Upon pas- attached to the northwest corner of Motion so in order. Motioned by Mr. sage of this motion, this matter the existing 22'x 38' frame two Sullivan and seconded by Mr. Wil- shall be REMANDED to the Com- story one family dwelling house. liams. missioner of the Division of Build- Yeas: Messrs. Denk, Williams, ing and Housing at this time for The following appeals were Saunders, Sullivan. Nays: None. supervision and further action. All Refused: Absent: Mr. Bowes. other provisions of the CONDEMNA- TION NOTICE and LETTER OF Calendar No. 96-74: 2188 E. 85th St. *** INTENT TO DEMOLISH not modi- Annie B. Cowan, owner, to convert fied by this decision shall remain in to a rooming house/boarding house Docket L-4-96. full force and effect, including the the 24'x 35' two and one-half story RE: Appeal of Daniel J. McMullen, provisions that the City may abate frame one family dwelling house. from a LETTER OF DENIAL FOR the nuisance conditions of the JOURNEYMAN PLUMBER premises by means of demolition if Calendar No. 96-78: 11875 Putnam LICENSE of the Commissioner of abatement of the violations is not Ave. the Division of Assessments & completed by August 26, 1996. Marvin Butler dba Butler’s Tow- Licenses dated May 3, 1996, requir- Motion so in order. Motioned by Mr. ing, owner, to use the 70'x 40' ing compliance with the Codified Sullivan and seconded by Mr. Saun- masonry one story shop building. Ordinances of the City of Cleveland, ders. 1184 June 19, 1996 The City Record 55

Yeas: Messrs. Denk, Williams, installed approximately five feet (5 Saunders, Sullivan. Nays: None. Saunders, Sullivan. Nays: None. ft.) from the west property line and Absent: Mr. Bowes. Absent: Mr. Bowes. two feet (2 ft.) from the north prop- erty line, noting the concurrence of *** *** the property owners. Motion so in order. Motioned by Mr. Williams and REVIEW: Docket A-63-96. seconded by Mr. Sullivan. RE: Appeal of Walter R. Sodini, Yeas: Messrs. Denk, Williams, Inspection Services in the City of Owner of the property located on Saunders, Sullivan. Nays: None. Cleveland: the premises known as 9513 Detroit Absent: Mr. Bowes. Geo-Sci, Inc. Avenue from an ADJUDICATION Oakport, Suite A2 ORDER of the Commissioner of the *** 882 West Bagley Road Division of Building and Housing Berea, Ohio dated March 28, 1996, requiring com- Docket A-87-96. Review of Geo-Sci, Inc. will be pliance with the Codified Ordi- RE: Appeal of Tony Mackie, rescheduled for June 26, 1996. nances of the City of Cleveland, and Owner of the Residential Property the Ohio Basic Building Code and Proposed Swimming Pool locat- *** (OBBC). ed on the premises known as 15508 Docket A-63-96 has been with- Kipling Avenue from a NOTICE OF APPROVAL OF RESOLUTIONS: drawn at the request of the Appel- NONCONFORMANCE of the Com- lant. missioner of the Division of Build- Resolutions from May 29, 1996 ing and Housing dated June 3, 1996, hearing to be Adopted on June 26, *** requiring compliance with the Cod- 1996. ified Ordinances of the City of Cleveland, and the Ohio Basic Build- Docket A-67-96. *** RE: Appeal of City of Cleveland, ing Code (OBBC). Owner of the Property located on BE IT RESOLVED, a motion is in APPROVAL OF MINUTES: the premises known as 701 Lakeside order at this time to grant the vari- ance and permit the pool to be Avenue from a TEMPORARY CER- Minutes from May 29, 1996 hear- installed approximately five feet (5 TIFICATE OF OCCUPANCY of the ing to be Adopted on June 26, 1996. Commissioner of the Division of ft.) from the east and west proper- Building and Housing dated May 4, ty lines and two feet (2 ft.) from 1996, requiring compliance with the the north property line, noting the *** Codified Ordinances of the City of concurrence of the east and west Cleveland, and the Ohio Basic Build- property owners, but to require the JOSEPH F. DENK, ing Code (OBBC). concurrence of the property owner CHAIRMAN Docket A-67-96 has been post- to the north in order to enact on the poned; to be rescheduled for June resolution. Motion so in order. PUBLIC NOTICE 26, 1996. Motioned by Mr. Sullivan and sec- onded by Mr. Saunders. *** Yeas: Messrs. Denk, Williams, The following are in violation of Saunders, Sullivan. Nays: None. C.O. 623.14: Docket A-73-96. Absent: Mr. Bowes. Richard Alt, last known address, RE: Appeal of Kevin T. O’Neill, 1742 West 29th Street, Cleveland, Owner of the Residential Property *** Ohio 44113. located on the premises known as Richard Norris, last known 13716 Othello Avenue from a LIMI- Docket A-88-96. address, 10127 South Blvd., Apart- TATION ON THE PERMIT of the RE: Appeal of North East Chemi- ment 2, Cleveland, Ohio 44108. Commissioner of the Division of cal Corporation, Owner of the Prop- Building and Housing dated April erty located on the premises known 15, 1996, requiring compliance with as 3301 Monroe Avenue from a NOTICE OF PUBLIC HEARING the Codified Ordinances of the City SEALING ORDER of the Commis- of Cleveland, and the Ohio Basic sioner of the Division of the Envi- Building Code (OBBC). ronment/Air Pollution Control dated NONE BE IT RESOLVED, a motion is in May 23, 1996, requiring compliance order at this time to grant the with the Title V of Part Two of the Appellant two months (2 mos.) in Codified Ordinances of the City of CITY OF CLEVELAND BIDS which to obtain permits and make Cleveland. substantial progress on the rehabil- BE IT RESOLVED, a motion is in For All Departments itation of the property; to require order at this time to find that the that the Appellant provide the doors Sealing Order was properly issued Sealed bids will be received at the for securing the outside, and to by the Division of Air Pollution Con- office of the Commissioner of Pur- clean, board and paint the exterior trol in accordance to Title V of Part chases and Supplies, Room 128, City of the property and to make the Two of the Codified Ordinances of Hall, in accordance with the append- grounds safe. The Board will the City of Cleveland. Motion so in ed schedule, and will be opened and reschedule this Docket in two order. Motioned by Mr. Williams and read in Room 128, City Hall, imme- months (2 mos.) and get a progress seconded by Mr. Saunders. diately thereafter. report from the inspector or proceed Yeas: Messrs. Denk, Williams, Each bid must be made in accor- with the CONDEMNATION ORDER. Saunders, Sullivan. Nays: None. dance with the specifications and Motion so in order. Motioned by Mr. Absent: Mr. Bowes. must be submitted on the blanks Williams and seconded by Mr. Saun- supplied for the purpose, all of ders. *** which may be obtained at the office Yeas: Messrs. Denk, Williams, of the said Commissioner of Pur- Saunders, Sullivan. Nays: None. EXTENSION OF TIME: chases and Supplies, but no bid will Absent: Mr. Bowes. be considered unless delivered to Docket A-157-95. the office of the said commissioner *** Equitable Life Assurance Co. - previous to 12:00 noon (Eastern 10400 Parkview Avenue: A motion is Standard Time) on the date speci- Docket A-83-96. in order at this time to grant the fied in the schedule. RE: Appeal of Mary A. Pell, Appellant a two month (2 mo.) 187.10 Negotiated contracts; Notice Owner of the Residential Property “Extension of Time” in which to required in Advertisement for Bids. and Proposed Swimming Pool locat- obtain permits and abate the viola- Where invitations for bids are ed on the premises known as 4113 tions, with the provision that the advertised, the following notice Cypress Avenue from a NOTICE OF property is immediately boarded shall be included in the advertise- NONCONFORMANCE of the Com- and secured and that the responsi- ment: “Pursuant to the MBE/FBE missioner of the Division of Build- ble parties are notified in case of Code, each prime bidder, each ing and Housing dated May 30, 1996, any deterioration of the property, minority business enterprise requiring compliance with the Cod- and to REMAND the property at (“MBE”) and each female business ified Ordinances of the City of 10400 Parkview Avenue to the Divi- enterprise (“FBE”) must be certi- Cleveland, and the Ohio Basic Build- sion of Building and Housing for fied before doing business with the ing Code (OBBC). further action. Motion so in order. City. Therefore, any prime contrac- BE IT RESOLVED, a motion is in Motioned by Mr. Saunders and sec- tor wishing to receive credit for order at this time to grant the vari- onded by Mr. Sullivan. using an MBE or FBE should ance and permit the pool to be Yeas: Messrs. Denk, Williams, ensure that applications for certifi- 1185 56 The City Record June 19, 1996 cation as to MBE or FBE status One (1) Fork Lift Truck, for the passed by the Council of the City compliance with the Code, affirma- Various Divisions of the Depart- of Cleveland, April 1, 1996. tive action in employment and, if ment of Port Control, as autho- applicable, joint venture status, are rized by Ordinance No. 764-95, Guard Rail Elements, for the Divi- submitted to the Office of Equal passed by the Council of the City sion of Streets, Department of Pub- Opportunity (“OEO”) prior to the of Cleveland. lic Service, as authorized by Ordi- date of bid opening or submission nance No. 235-96, passed by the of proposals or as specified by the Council of the City of Cleveland, Director. Failure to comply with the June 12 and June 19, 1996 April 1, 1996. business enterprise code or with rep- resentations made on these forms WEDNESDAY, JULY 10, 1996 may result in cancellation of the June 19 and June 26, 1996 contract or other civil or criminal Landscape Maintenance at Various penalties.” Water Works Facilities IV, for the ADOPTED RESOLUTIONS Division of Research, Planning WEDNESDAY, JUNE 26, 1996 and Development, Department of AND ORDINANCES Jail Cells/Safety Screens Installa- Parks, Recreation and Properties, tion at City’s District Police Sta- as authorized by Ordinance No. Res. No. 430-96. tions, for the Department of Pub- 315-96, passed by the Council of By Councilman Jackson (by lic Safety, as authorized by Ordi- the City of Cleveland, May 13, request). nance No. 1333-88, passed by the 1996. An emergency resolution declar- Council of the City of Cleveland, A DEPOSIT OF TWENTY FIVE ing the intention to vacate all those February 24, 1992. DOLLARS ($25.00) CERTIFIED portions of East 69th Street and A DEPOSIT OF FIFTY DOLLARS CHECK WILL BE REQUIRED East 70th Street. ($50.00) CERTIFIED CHECK FOR EACH SET OF PLANS AND Whereas, this Council is satisfied WILL BE REQUIRED FOR EACH SPECIFICATIONS. THE DEPOSIT that there is good cause for vacate SET OF PLANS AND SPECIFICA- WILL BE REFUNDED IF THE all those portions of East 69th and TIONS. THE DEPOSIT WILL BE PLANS AND SPECIFICATIONS East 70th Streets, as hereinafter REFUNDED IF THE PLANS AND ARE RETURNED IN GOOD CON- described, and SPECIFICATIONS ARE DITION WITHIN FIFTEEN (15) Whereas, this resolution consti- RETURNED IN GOOD CONDITION DAYS AFTER THE BID OPEN- tutes an emergency measure pro- WITHIN FIFTEEN (15) DAYS ING DATE. A PRE-BID MEETING viding for the usual daily operation AFTER THE BID OPENING WILL BE HELD ON THURSDAY, of a municipal department; now, DATE. JULY 2, 1996 AT 10:00 A.M. IN therefore, THE FIRST FLOOR CONFER- Be it resolved by the Council of ENCE ROOM, AUDITORIUM A OF the City of Cleveland: June 12 and June 19, 1996 THE UTILITIES BUILDING, 1201 Section 1. That it hereby declares WEDNESDAY, JULY 3, 1996 LAKESIDE AVENUE. its intention to vacate: The follow- ing described real property, located in Cleveland, Cuyahoga County, Labor and Materials to Repair Tree June 19 and July 26, 1996 Lawns, for the Division of Water, Ohio, and known as; Being all that portion of EAST Department of Public Utilities, as THURSDAY, JULY 11, 1996 authorized by Ordinance No. 36-95, 69TH STREET (50.00 feet wide), extending Northerly from the East- passed by the Council of the City Police Headquarters Justice Center of Cleveland, May 6, 1996. erly prolongation of the Southerly Elevator Renovations, for the Divi- line of Sublot Number in the W.V. sion of Police, Department of Pub- Labor and Materials to Fabricate Craw Subdivision as recorded in lic Safety, as authorized by Ordi- Volume 4 of Maps, Page 17 of Cuya- Ring and Pinion Gears, for the nance No. 1578-90, passed by the Division of Water, Department of hoga County Records, to its Norther- Council of the City of Cleveland, ly terminus. AND Public Utilities, as authorized by February 24, 1992. Ordinance No. 314-96, passed by the Being all that portion of EAST A DEPOSIT OF FIFTY DOLLARS 70TH STREET (40.00 feet wide), as Council of the City of Cleveland, ($50.00) CERTIFIED CHECK May 6, 1996. shown by the recorded plat in Vol- WILL BE REQUIRED FOR EACH ume 4 of Maps, Page 17 of Cuya- Maintenance, Repair and/or Re- SET OF PLANS AND SPECIFICA- hoga County Records, extending placement of HVAC Systems at TIONS. THE DEPOSIT WILL BE from the Northerly line of Quincy Various Locations, for the Division REFUNDED IF THE PLANS AND Avenue S.E. (80.00 feet wide), of Cleveland Public Power, Depart- SPECIFICATIONS ARE Northerly to the Southwesterly line ment of Public Utilities, as autho- RETURNED IN GOOD CONDITION of that portion of said East 70th rized by Ordinance No. 424-96, WITHIN FIFTEEN (15) DAYS Street, vacated by Ordinance Num- passed by the Council of the City AFTER THE BID OPENING ber 101220, passed by the Council of of Cleveland, May 6, 1996. DATE. A PRE-BID MEETING the City of Cleveland on March 19, WILL BE HELD ON TUESDAY, 1934. JULY 2, 1996, AT 9:30 A.M. AT Section 2. That this resolution is June 12 and June 19, 1996 THE JUSTICE CENTER POLICE hereby declared to be an emergency HEADQUARTERS MAIN LOBBY. measure and, provided it receives FRIDAY, JULY 5, 1996 the affirmative vote of two-thirds of East 147th Street Sewer Replace- all the members elected to Council, Commercial Gases, for the Various ment, for the Division of Water, it shall take effect and be in force Divisions of City Government, Department of Public Utilities, as immediately upon its adoption and Department of Finance, as autho- authorized by Ordinance No. 1240- rized by Ordinance No. 644-96, approval by the Mayor; otherwise it 91, passed by the Council of the shall take effect and be in force passed by the Council of the City City of Cleveland, August 21, 1991. of Cleveland, May 13, 1996. from and after the earliest period A DEPOSIT OF FIFTY DOLLARS allowed by law. ($50.00) CERTIFIED CHECK Jacobson Mower Parts, for the Var- Adopted June 10, 1996. ious Divisions of City Government, WILL BE REQUIRED FOR EACH Effective June 19, 1996. Department of Finance, as autho- SET OF PLANS AND SPECIFICA- rized by Ordinance No. 643-96, TIONS. THE DEPOSIT WILL BE passed by the Council of the City REFUNDED IF THE PLANS AND Res. No. 492-96. of Cleveland, May 13, 1996. SPECIFICATIONS ARE By Councilman Britt (by request). RETURNED IN GOOD CONDITION An emergency resolution declar- Fuel Pump Repair, for the Division WITHIN FIFTEEN (15) DAYS ing the intention to vacate a portion of Motor Vehicle Maintenance, AFTER THE BID OPENING of East 102nd Street. Department of Public Service, as DATE. A PRE-BID MEETING Whereas, this Council is satisfied authorized by Ordinance No. 529-96, WILL BE HELD ON THURSDAY, that there is good cause for vacat- passed by the Council of the City JUNE 27, 1996, AT 10:00 A.M. AT ing a portion of East 102nd Street, of Cleveland, May 20, 1996. WATER POLLUTION CONTROL, as hereinafter described, and 13202 KIRBY AVENUE, CLEVE- Whereas, this resolution consti- One (1) Tandem Dump Truck, for LAND, OHIO 44108. tutes an emergency measure pro- the Division of Water Pollution, viding for the usual daily operation Department of Public Utilities, as Gutterbrooms and Gutterbroom of a municipal department; now, authorized by Ordinance No. 679-95, Refills, for the Division of Streets, therefore, passed by the Council of the City Department of Public Service, as Be it resolved by the Council of of Cleveland, June 19, 1995. authorized by Ordinance No. 236-96, the City of Cleveland: 1186 June 19, 1996 The City Record 57

Section 1. That it hereby declares STREET N.W. (60.00 feet wide), all the members elected to Council, its intention to vacate: The follow- from the Westerly line of Scranton it shall take effect and be in force ing described real property, located Road N.W. (60.00 feet wide), West- immediately upon its adoption and in Cleveland, Cuyahoga County, erly, to the Easterly right-of-way approval by the Mayor; otherwise it Ohio, and known as being all that line of the Cleveland, Cincinnati, shall take effect and be in force portion of: EAST 102ND STREET Chicago and St. Louis R.R. as shown from and after the earliest period (44.00 feet wide), extending Souther- by the Recorded Plat in Volume 3 allowed by law. ly from the Southerly line of Euclid of Maps, Page 42 of Cuyahoga Coun- Adopted June 10, 1996. Avenue (80.00 feet wide), to the ty Records. Effective June 19, 1996. Northerly line of Carnegie Avenue Section 2. That this resolution is (width varies). hereby declared to be an emergency Section 2. That this resolution is measure and, provided it receives Res. No. 654-96. hereby declared to be an emergency the affirmative vote of two-thirds of By Councilman Smith (by measure and, provided it receives all the members elected to Council, request). the affirmative vote of two-thirds of it shall take effect and be in force An emergency resolution declar- all the members elected to Council, immediately upon its adoption and ing the intention to vacate a portion it shall take effect and be in force approval by the Mayor; otherwise it of West 26th Place. immediately upon its adoption and shall take effect and be in force Whereas, this Council is satisfied approval by the Mayor; otherwise it from and after the earliest period that there is good cause for vacate shall take effect and be in force allowed by law. all that portion of West 26th Place, from and after the earliest period Adopted June 10, 1996. as hereinafter described, and allowed by law. Effective June 19, 1996. Whereas, this resolution consti- Adopted June 10, 1996. tutes an emergency measure pro- Effective June 19, 1996. viding for the usual daily operation Res. No. 652-96. of a municipal department; now, By Councilman Rokakis. therefore, Res. No. 558-96. An emergency resolution memori- Be it resolved by the Council of By Councilman Jackson (by alizing the Director of Public Ser- the City of Cleveland: request). vice to change the name of Brook- Section 1. That it hereby declares An emergency resolution declar- side Park Drive to “Wildlife Way.” its intention to vacate: The follow- ing the intention to vacate a portion Whereas, renaming Brookside ing described real property, located of Indianola Avenue S.E. Drive to Wildlife Way would help in Cleveland, Cuyahoga County, Whereas, this Council is satisfied to distinguish between the Zoo and Ohio, and known as; that there is good cause for vacat- Brookside Park softball field and Being all that portion of WEST ing all that portion of Indianola would make finding both locations 26TH PLACE (16.00 feet wide), Avenue S.E., as hereinafter described, easier to both local citizens and out- extending Northerly from the and of-town visitors; and Northerly line of Carroll Avenue Whereas, this resolution consti- Whereas, this resolution consti- N.W. (50.00 feet wide), to the tutes an emergency measure pro- tutes an emergency measure pro- Southerly line of Bridge Avenue viding for the usual daily operation viding for the usual daily operation N.W. (66.00 feet wide). of a municipal department; now, of a municipal department; now, Section 2. That this resolution is therefore, therefore, hereby declared to be an emergency Be it resolved by the Council of Be it resolved by the Council of measure and, provided it receives the City of Cleveland: the City of Cleveland: the affirmative vote of two-thirds of Section 1. That it hereby declares Section 1. That this Council here- all the members elected to Council, its intention to vacate the following by memorializes the Director of it shall take effect and be in force described real property, located in Public Service to change the name immediately upon its adoption and Cleveland, Cuyahoga County, Ohio, of Brookside Park Drive to approval by the Mayor; otherwise it and known as being all that portion “Wildlife Way.” shall take effect and be in force of INDIANOLA AVENUE S.E. (32.00 Section 2. That this resolution is from and after the earliest period feet wide), extending Northerly hereby declared to be an emergency allowed by law. from the Northerly line of Crayton measure and, provided it receives Adopted June 10, 1996. Avenue S.E. (60.00 feet wide), to the affirmative vote of two-thirds of Effective June 19, 1996. that portion of Indianola Avenue, all the members elected to Council, vacated by Ordinance Number 387- it shall take effect and be in force 70, passed by the Council of the City immediately upon its adoption and Res. No. 721-96. of Cleveland on March 23, 1970. approval by the Mayor; otherwise it By Councilmen Smith, Jackson, Section 2. That this resolution is shall take effect and be in force Rybka and Rokakis (by departmen- hereby declared to be an emergency from and after the earliest period tal request). measure and, provided it receives allowed by law. An emergency resolution declar- the affirmative vote of two-thirds of Adopted June 10, 1996. ing the necessity and intention to all the members elected to Council, Effective June 19, 1996. appropriate property for redevelop- it shall take effect and be in force ment and/or rehabilitation of the immediately upon its adoption and blighted premises located at 2600 approval by the Mayor; otherwise it Res. No. 653-96. Carroll Avenue, Cleveland, Ohio. shall take effect and be in force By Councilman Smith (by Whereas, the Council of the City from and after the earliest period request). of Cleveland, by Ordinance No. 1444- allowed by law. An emergency resolution declar- A-88, passed June 18, 1990, approved Adopted June 10, 1996. ing the intention to vacate a portion and adopted Chapter 324 of the Cod- Effective June 19, 1996. of McLean Court N.W. ified Ordinances, Cleveland, Ohio, Whereas, this Council is satisfied relating to the elimination of spot that there is good cause for vacat- blight; Res. No. 562-96. ing a portion of McLean Court N.W., Whereas, pursuant to the authori- By Councilman Smith (by as hereinafter described, and ty of Chapter 313 of the Codified request). Whereas, this resolution consti- Ordinances, the Council of the City An emergency resolution declar- tutes an emergency measure pro- of Cleveland approved and adopted ing the intention to vacate a portion viding for the usual daily operation Ordinance No. 1037-93, passed June of Girard Street N.W. of a municipal department; now, 14, 1993, wherein Council found and Whereas, this Council is satisfied therefore, determined that the West 25th that there is good cause for vacat- Be it resolved by the Council of Lorain Community Development ing a portion of Girard Street N.W., the City of Cleveland: Plan Area including 2600 Carroll as hereinafter described, and Section 1. That it hereby declares Avenue, is a blighted and deterio- Whereas, this resolution consti- its intention to vacate: The follow- rated area within the meaning of tutes an emergency measure pro- ing described real property, located Section 313.02 of the Codified Ordi- viding for the usual daily operation in Cleveland, Cuyahoga County, nances of Cleveland, Ohio, 1976; and of a municipal department; now, Ohio, and known as being all that Whereas, the Council of the City therefore, portion of: McLEAN COURT N.W. of Cleveland by Ordinance No. 2120- Be it resolved by the Council of (12.00+ feet wide), extending West- 95, passed December 18, 1995, found the City of Cleveland: erly from the Westerly line of West that the acquisition and redevelop- Section 1. That it hereby declares 26th Street (50.00 feet wide) about ment of 2600 Carroll Avenue, Per- its intention to vacate: The follow- 109.00 feet. manent Parcel No. 003-38-058, to con- ing described real property, located Section 2. That this resolution is stitute a public use of said proper- in Cleveland, Cuyahoga County, hereby declared to be an emergency ty and authorized the acquisition of Ohio, and known as; measure and, provided it receives said property; and Being all that portion of GIRARD the affirmative vote of two-thirds of Whereas, this resolution consti- 1187 58 The City Record June 19, 1996 tutes an emergency measure pro- Res. No. 834-96. Whereas, the granting of this viding for the usual daily operation By Councilmen Britt, Jackson, application for a liquor permit to of a municipal department; now, Rybka and Rokakis (by departmen- this high crime area, which is therefore, tal request). already saturated with other liquor Be it resolved by the Council of An emergency resolution declar- outlets, is contrary to the best inter- the City of Cleveland: ing the necessity and intention to ests of the entire community; and Section 1. That for the public pur- appropriate property located at 2316 Whereas, the applicant does not pose of eliminating blight and pre- East 88th Street for public use for qualify to be a permit holder and/or venting the recurrence of blight in the municipal purpose of widening has demonstrated that he has oper- the neighborhood surrounding the Shelbourne Court between East 87th ated his liquor business in disregard blighted premises located at 2600 and East 88th Streets. of the laws, regulations or local Carroll Avenue through acquisition Whereas, this resolution consti- ordinances of this state or any other and redevelopment and/or rehabili- tutes an emergency measure pro- state; and tation, it is necessary to appropriate viding for the usual daily operation Whereas, the place for which the in fee simple the blighted premises, of a municipal department; now, permit is sought has not conformed and the Council does hereby declare therefore, to the building, safety or health its intent to appropriate such fee Be it resolved by the Council of requirements of the governing body simple interest in and to the fol- the City of Cleveland: of this County or City; and lowing described blighted premises: Section 1. That for the municipal Whereas, the place for which the purpose of widening Shelbourne permit is sought is so arranged or 2600 Carroll Avenue Court between East 87th and East constructed that law enforcement 89th Streets, it is necessary to officers or agents of the Department Permanent Parcel No. 003-38-058 appropriate in fee simple interest of Liquor Control are prevented rea- Situated in the City of Cleveland, and this Council hereby declares its sonable access to the establishment; County of Cuyahoga and State of intent to appropriate the fee simple and Ohio and known as being part of interest in and to the following Whereas, the place for which the Sublots Nos. 456 and 457 in Barber described property: permit is sought is so located with and Lord’s Subdivision of part of respect to the neighborhood that it Original Brooklyn Township Lots 2316 East 88th Street substantially interferes with public Nos. 51, 52, 69 and 70, as shown by PPN: 119-32-108 decency, sobriety, peace or good the recorded plat in Volume 11 of order; and Maps, Page 26 of Cuyahoga County Situated in the City of Cleveland, Whereas, this objection is based Records, and together forming a County of Cuyahoga and State of on other legal grounds as set forth parcel of land, bounded and Ohio and known as being the in Revised Code Section 4303.292; described as follows: Northerly 25.22 feet front and 24.39 and Beginning in the Northwesterly feet rear of Sublot No. 46 in W.H. Whereas, this resolution consti- side of Carroll Avenue, N.W. (50 feet Clemishaw’s Subdivision, of part of tutes an emergency measure pro- wide) at a point distant Northeast- Original One Hundred Acre Lot No. viding for the immediate preserva- erly, measured along said North- 408, as shown by the recorded plat tion of the public peace, property, westerly side, 1.14 feet from the in Volume 18 of Maps, Page 18 of safety and welfare pursuant to Sec- most Southerly corner of Sublot No. Cuyahoga County Records, and tion 4303.26 of the Ohio Revised 457; being 25.22 feet front on the West- Code. Council’s objection to said per- Thence Northeasterly along the erly side of East 88th Street, and mit must be received by the Direc- Northwesterly side of Carroll extending back 89.99 feet on the tor of Liquor Control within 30 days Avenue, N.W., 95.06 feet to the most Northerly line, about 90.00 feet on of notification; now, therefore, Easterly corner of a parcel of land the Southerly line, and having a Be it resolved by the Council of conveyed to Elsie Young and Robert rear line of 24.39 feet, as appears by the City of Cleveland: S. Young by deed dated November said plat, be the same more or less, Section 1. That Council does here- 23, 1949, and recorded in Volume but subject to all legal highways. by record its objection to the trans- 6860, Page 235 of Cuyahoga County Section 2. That the Director of fer of ownership of a D1 and D2 Records; Finance be and she is hereby autho- Liquor Permit from Permit No. Thence Northwesterly along the rized and directed to cause written 107288106605, Buckeye P.H. Inc., dba Northeasterly line of said parcel so notice of the adoption of this reso- Pizza Hut Unit #413126, 18324 conveyed to Elsie Young and Robert lution to be given to the owners, Euclid Avenue, Cleveland, Ohio S. Young, 107.50 feet to the South- persons in possession or having an 44112, to Permit No. 5927201-0115, easterly side of Carroll Court N.W.; interest of record in the above-men- Midland Food Services LLC, dba Thence Southwesterly along said tioned premises, and such notice Pizza Hut, 18324 Euclid Avenue, Southeasterly side, 95.05 feet to a shall be served according to law by Cleveland, Ohio 44112, and requests point distant Northeasterly mea- a person to be designated for that the Director of Liquor Control to set sured along said Southeasterly side, purpose by the Director of Finance a hearing for said application in 1.15 feet from the most Westerly which return shall be made in the accordance with provisions of Sec- corner of Sublot No. 457; manner provided by law. tion 4303.26 of the Revised Code of Thence Southeasterly 107.50 feet Section 3. That this resolution is Ohio. to the place of beginning, as hereby declared to be an emergency Section 2. That the Clerk of Coun- appears by said plat, be the same measure and, provided it receives cil be and she hereby is directed to more or less, but subject to all legal the affirmative vote of two-thirds of transmit two certified copies of this highways. all the members elected to Council, resolution, together with two copies it shall take effect and be in force of a letter of objection and two Section 2. That the Director of immediately upon its adoption and copies of a letter requesting that Finance be and she is hereby autho- approval by the Mayor; otherwise it the hearing be held in Cleveland, rized and directed to cause written shall take effect and be in force Cuyahoga County. notice of the adoption of this reso- from and after the earliest period Section 3. That this resolution is lution to be given to the owners, allowed by law. hereby declared to be an emergency persons in possession or having an Adopted June 10, 1996. measure and, provided it receives interest of record in the above- Effective June 19, 1996. the affirmative vote of two-thirds of described blighted premises, and all the members elected to Council, such notice shall be served accord- it shall take effect and be in force ing to law by a person to be desig- Res. No. 1120-96. immediately upon its adoption and nated for that purpose by the Direc- By Councilman Coats. approval by the Mayor; otherwise it tor of Finance which return shall be An emergency resolution object- shall take effect and be in force made in the manner provided by ing to the transfer of ownership of from and after the earliest period law. a D1 and D2 Liquor Permit to 18324 allowed by law. Section 3. That this resolution is Euclid Avenue. Adopted June 10, 1996. hereby declared to be an emergency Whereas, Council has been noti- Effective June 19, 1996. measure and, provided it receives fied by the Director of Liquor Con- the affirmative vote of two-thirds of trol of an application for the trans- all the members elected to Council, fer of ownership of a D1 and D2 Res. No. 1122-96. it shall take effect and be in force Liquor Permit from Permit No. By Councilmen Coats and Rokakis immediately upon its adoption and 107288106605, Buckeye P.H. Inc., dba (by departmental request). approval by the Mayor; otherwise it Pizza Hut Unit #413126, 18324 An emergency resolution requir- shall take effect and be in force Euclid Avenue, Cleveland, Ohio ing the laying, relaying and repair- from and after the earliest period 44112, to Permit No. 5927201-0115, ing of sidewalks and curbing on cer- allowed by law. Midland Food Services LLC, dba tain streets. Adopted June 10, 1996. Pizza Hut, 18324 Euclid Avenue, Whereas, this resolution consti- Effective June 19, 1996. Cleveland, Ohio 44112; and tutes an emergency measure pro- 1188 June 19, 1996 The City Record 59 viding for the usual daily operation park Road, Cleveland, Ohio 44135; trol of an application for the trans- of a municipal department; now, and fer of ownership of a D1, D2, D3 and therefore, Whereas, the granting of this D3A Liquor Permit from Permit No. Be it resolved by the Council of application for a liquor permit to 2759323, 5504 Harvard Inc., dba the City of Cleveland: this high crime area, which is Darby Bar, 5504 Harvard Avenue, Section 1. That the sidewalks and already saturated with other liquor Cleveland, Ohio 44105, to Permit No. curbing on the following streets, at outlets, is contrary to the best inter- 4637367, Kamio Kim, dba Mugshot locations hereinafter named and ests of the entire community; and Tavern, 5504 Harvard Avenue, between the points described, Whereas, the applicant does not Cleveland, Ohio 44105; and including both the frontages and qualify to be a permit holder and/or Whereas, the granting of this depths of corner lots where said has demonstrated that he has oper- application for a liquor permit to streets intersect, be laid, relaid and ated his liquor business in disregard this high crime area, which is repaired, with either stone-flagging of the laws, regulations or local already saturated with other liquor or concrete, to the full width of the ordinances of this state or any other outlets, is contrary to the best inter- present sidewalks or curbing on the state; and ests of the entire community; and following streets and in accordance Whereas, the place for which the Whereas, the applicant does not with the established grade on each permit is sought has not conformed qualify to be a permit holder and/or street respectively: to the building, safety or health has demonstrated that he has oper- requirements of the governing body ated his liquor business in disregard London Road (Euclid Avenue to of this County or City; and of the laws, regulations or local Railroad Tracks) Whereas, the place for which the ordinances of this state or any other West 115th Street (Fruitland permit is sought is so arranged or state; and Court to Clifton Boulevard) constructed that law enforcement West 110th Street (the following Whereas, the place for which the officers or agents of the Department permit is sought has not conformed addresses: 3119, 3120, 3122, 3123, of Liquor Control are prevented rea- 3127, 3133, 3137, 3140, 3144, 3148) to the building, safety or health sonable access to the establishment; requirements of the governing body and Section 2. That the Director of of this County or City; and Whereas, the place for which the Whereas, the place for which the Finance shall cause a written notice permit is sought is so located with of the adoption of the resolution to permit is sought is so arranged or respect to the neighborhood that it be served upon the owner or agent constructed that law enforcement substantially interferes with public of the owner of each parcel of land officers or agents of the Department abutting upon the sidewalk or curb- decency, sobriety, peace or good of Liquor Control are prevented rea- ing to be laid, relaid or repaired, in order; and sonable access to the establishment; the manner provided by law for the Whereas, this objection is based and service of summons in civil actions on other legal grounds as set forth Whereas, the place for which the and in accordance with Section 164 in Revised Code Section 4303.292; permit is sought is so located with of the Charter of the City of Cleve- and respect to the neighborhood that it land. A copy of the notice, with the Whereas, this resolution consti- substantially interferes with public time and manner of service tutes an emergency measure pro- decency, sobriety, peace or good endorsed thereon, signed by the per- viding for the immediate preserva- order; and son serving it, shall be returned to tion of the public peace, property, Whereas, this objection is based the office of the Director of Finance safety and welfare pursuant to Sec- on other legal grounds as set forth and there be filed and preserved. tion 4303.26 of the Ohio Revised in Revised Code Section 4303.292; The said notice shall also provide Code. Council’s objection to said per- and that if the sidewalks or curbings mit must be received by the Direc- Whereas, this resolution consti- are not laid, relaid or repaired by tor of Liquor Control within 30 days tutes an emergency measure pro- the abutting owner, in accordance of notification; now, therefore, viding for the immediate preserva- with the notice, within thirty (30) Be it resolved by the Council of tion of the public peace, property, days from service of the notice, of the City of Cleveland: safety and welfare pursuant to Sec- the completion of the publication Section 1. That Council does here- tion 4303.26 of the Ohio Revised thereof, the City will proceed by record its objection to the trans- Code. Council’s objection to said per- through the appropriate department, fer of ownership of a D5 Liquor Per- mit must be received by the Direc- to lay, relay or repair such side- mit from Permit No. 6703214, Park- tor of Liquor Control within 30 days walks or curbings at the cost and brook, Inc., 16120 Brookpark Road, of notification; now, therefore, expense of the owner of the prop- Cleveland, Ohio 44135, to Permit No. Be it resolved by the Council of erty in front of which the same is 8385521, Sounion Inc., 16120 Brook- the City of Cleveland: park Road, Cleveland, Ohio 44135, laid, relaid or repaired, and the cost Section 1. That Council does here- and requests the Director of Liquor and expense thereof, unless paid to by record its objection to the trans- the Director of Finance, will be Control to set a hearing for said fer of ownership of a D1, D2, D3 and assessed against the abutting prop- application in accordance with pro- D3A Liquor Permit from Permit No. erty, and collected in the same man- visions of Section 4303.26 of the 2759323, 5504 Harvard Inc., dba ner as other assessments, as pro- Revised Code of Ohio. Darby Bar, 5504 Harvard Avenue, vided by Section 165 of the Charter Section 2. That the Clerk of Coun- Cleveland, Ohio 44105, to Permit No. of the City of Cleveland. cil be and she hereby is directed to Section 3. That this resolution is transmit two certified copies of this 4637367, Kamio Kim, dba Mugshot hereby declared to be an emergency resolution, together with two copies Tavern, 5504 Harvard Avenue, measure and, provided it receives of a letter of objection and two Cleveland, Ohio 44105, and requests the affirmative vote of two-thirds of copies of a letter requesting that the Director of Liquor Control to set all the members elected to Council, the hearing be held in Cleveland, a hearing for said application in it shall take effect and be in force Cuyahoga County. accordance with provisions of Sec- immediately upon its adoption and Section 3. That this resolution is tion 4303.26 of the Revised Code of approval by the Mayor; otherwise it hereby declared to be an emergency Ohio. shall take effect and be in force measure and, provided it receives Section 2. That the Clerk of Coun- from and after the earliest period the affirmative vote of two-thirds of cil be and she hereby is directed to allowed by law. all the members elected to Council, transmit two certified copies of this Adopted June 10, 1996. it shall take effect and be in force resolution, together with two copies Effective June 19, 1996. immediately upon its adoption and of a letter of objection and two approval by the Mayor; otherwise it copies of a letter requesting that shall take effect and be in force the hearing be held in Cleveland, Res. No. 1123-96. from and after the earliest period Cuyahoga County. By Councilman Miller. allowed by law. Section 3. That this resolution is An emergency resolution object- Adopted June 10, 1996. hereby declared to be an emergency ing to the transfer of ownership of Effective June 19, 1996. measure and, provided it receives a D5 Liquor Permit to 16120 Brook- the affirmative vote of two-thirds of park Road. all the members elected to Council, Whereas, Council has been noti- Res. No. 1124-96. it shall take effect and be in force fied by the Director of Liquor Con- By Councilman Rybka. immediately upon its adoption and trol of an application for the trans- An emergency resolution object- approval by the Mayor; otherwise it fer of ownership of a D5 Liquor Per- ing to the transfer of ownership of shall take effect and be in force mit from Permit No. 6703214, Park- a D1, D2, D3 and D3A Liquor Per- from and after the earliest period brook, Inc., 16120 Brookpark Road, mit to 5504 Harvard Avenue. allowed by law. Cleveland, Ohio 44135, to Permit No. Whereas, Council has been noti- Adopted June 10, 1996. 8385521, Sounion Inc., 16120 Brook- fied by the Director of Liquor Con- Effective June 19, 1996. 1189 60 The City Record June 19, 1996

Res. No. 1125-96. Ohio Revised Code, which attempts Ordinance No 1020-76, passed June By Councilman Westbrook. to the level the playing fields of 14, 1976, and An emergency resolution fixing employers and employees. Sections 605.141 and 605.142, as the summer schedule of meetings of Section 3. That the Clerk of Coun- amended by Ordinance No. 615-95, the Council of the City of Cleveland. cil transmit copies of this resolution passed June 19, 1995, are hereby Whereas, this resolution consti- to Governor Voinovich, State Sena- amended to read, respectively, as tutes an emergency measure pro- tor Aronoff, State Representative follows: viding for the usual daily operation Davidson, State Representative of a municipal department; now, Sweeney, and members of the Cleve- Section 605.14 Minor’s Curfew therefore, land Bicentennial Commission. (a) No child twelve years of age Be it resolved by the Council of Section 4. That this resolution is or under shall be upon the streets the City of Cleveland: hereby declared to be an emergency or sidewalks or in a park or any Section 1. That the schedule of measure and, provided it receives other public place during the period meetings during the summer months the affirmative vote of two-thirds of from darkness to dawn, nor shall for the Council of the City of Cleve- all the members elected to Council, any child between the ages of thir- land is hereby fixed as follows: it shall take effect and be in force teen and sixteen, inclusive, be upon immediately upon its adoption and the streets or sideways or in a park Wednesday, July 17, 1996 approval by the Mayor; otherwise it or any other public place between Wednesday, August 14, 1996 shall take effect and be in force the hours of 11:00 pm. and 5:00 a.m., from and after the earliest period nor shall any child seventeen years A notice identifying the time of allowed by law. of age be upon the streets or side- the meeting as well as a schedule Adopted June 10, 1996. walks in a park or any other pub- of committee meetings, if any, to be Effective June 19, 1996. lic place between the hours of mid- held prior to the meeting shall be night and 5:00 a.m., unless the child is accompanied by a parent or legal prepared by the Clerk of Council Ord. No. 1604-95. guardian, or a responsible adult prior to each of the above meetings selected by the parent or legal dates. The Council will resume reg- By Mayor White and Councilmen Johnson and Paulenske. guardian to supervise the child. ular session at 7:00 p.m. on Monday, An emergency ordinance to (b) Each parent or legal guardian September 9, 1996. change the name of Pier Park to the of a child seventeen years of age or Section 2. That this resolution is George V. Voinovich Bicentennial under shall prohibit the child from hereby declared to be an emergency Park and the name of the East 9th behaving contrary to division (a) of measure and, provided it receives Street Pier to the Richard F. Celeste this section. No person shall negli- the affirmative vote of two-thirds of Pier. gently fail to fulfill the duty all the members elected to Council, Whereas, it is most fitting and imposed by this division. it shall take effect and be in force appropriate to recognize George V. (c) It shall be an affirmative immediately upon its adoption and Voinovich and Richard F. Celeste defense to division (b) of this sec- approval by the Mayor; otherwise it for their years of dedicated service tion that the parent or legal shall take effect and be in force to the citizens of Cleveland; and guardian initiated the jurisdiction from and after the earliest period Whereas, this ordinance consti- of the Juvenile Court against the allowed by law. tutes an emergency measure pro- child prior to the time that the child Adopted June 10, 1996. viding for the usual daily operation was found violating division (a) of Effective June 19, 1996. of a municipal department; now, this section. therefore, (d) Any child who violates divi- Be it ordained by the Council of sion (a) of this section is an unruly Res. No. 1130-96. the City of Cleveland: child and is subject to the jurisdic- By Councilmen Polensek, Section 1. That the name of Pier tion of the Juvenile Court. McGuirk, O’Malley, Smith, Lewis, Park is hereby changed to the (e) Any person who violates divi- Rybka, Paulenske, Miller, Zone, George V. Voinovich Bicentennial sion (b) of this section is guilty of Westbrook. Park. negligently failing to supervise a An emergency resolution support- Section 2. That the name of the child, a minor misdemeanor for a ing the right of all workers, in both East 9th Street Pier is hereby first offense. In addition to any the public and private economic sec- changed to the Richard F. Celeste other method of enforcement pro- tors, to union representation, along Pier. vided for in these Codified Ordi- with the State of Ohio’s collective Section 3. That the Director of nances or by statute, this offense bargaining law for public employ- Parks, Recreation and Properties is may be enforced by the issuance of ees. hereby authorized and directed to a citation in compliance with Rule Whereas, as we enter the City of give effect to this ordinance by the 4.1 of the Ohio Rules of Criminal Cleveland’s Bicentennial celebra- placing of appropriate signs, name- Procedure. Any person who is con- tions this summer, we must remem- plates and plaques and the altering victed of a second or subsequent ber the tremendous impact and of references to the park and pier offense for violating division (b) of influence that labor unions have to reflect the change of name. this section is guilty of a misde- had on our City’s heritage during Section 4. That this ordinance is meanor of the fourth degree. the last century, including their role hereby declared to be an emergency in Cleveland becoming An All Amer- measure and, provided it receives Section 605.141 Children of Com- ica City; and the affirmative vote of two-thirds of pulsory School Age to be in Atten- Whereas, understanding the all the members elected to Council, dance at School; Parental Duty it shall take effect and be in force importance of collective bargaining, Imposed immediately upon its passage and (a) No child between the ages of in 1983, the Ohio State Legislature approval by the Mayor; otherwise it six and seventeen, inclusive, other adopted this state’s first collective shall take effect and be in force than a child that has been sus- bargaining law for public employ- from and after the earliest period pended or expelled from school, ees; and allowed by law. shall be at any place within the Whereas, it is the desire of this Passed June 10, 1996. City except in attendance at school Council to express its never-ending Effective June 19, 1996. between the hours of 10:00 a.m. and gratitude and support of all labor 2:30 p.m. during any school day, unions and their members; and unless the child has written proof Whereas, this Council fully sup- Ord. No. 1831-95. from school authorities excusing ports the right of workers to orga- By Councilman Polensek. him or her from attending school at nize and lends its support to the An emergency ordinance to amend that particular time, or unless the rights of public employees under Sections 605.14, 605.141 and 605.142 child is accompanied by a parent or Chapter 4117 of the Ohio Revised of the Codified Ordinances of Cleve- legal guardian, or a responsible Code; land, Ohio, 1976, as amended by var- adult selected by the parent or legal Now, therefore, be it resolved by ious ordinances, relating to curfew. guardian to supervise the child. the Council of the City of Cleveland: Whereas, this ordinance consti- (b) Each parent or legal guardian Section 1. That this Council tutes an emergency measure pro- of a child between the ages of six salutes all members of labor unions viding for the usual daily operation and seventeen, inclusive, shall have and expresses their gratitude in the of a municipal department; now, a duty to prohibit the child from role of labor unions in making therefore, behaving contrary to division (a) of Cleveland An All America City. Be it ordained by the Council of this section. No person shall negli- Section 2. That this Council the City of Cleveland: gently fail to fulfill the duty strongly supports the rights of Section 1. That the following sec- imposed by this division. Ohio’s public employees under tions of the Codified Ordinances of (c) It shall be an affirmative Ohio’s collective bargaining law Cleveland, Ohio, 1976: defense to divisions (a) and (b) of contained in Chapter 4117 of the Section 605.14, as amended by this section that the child, at the 1190 June 19, 1996 The City Record 61 time he or she was found at a place tions. and execute an amendment to the other than in school, was not No person shall negligently fail lease agreement with the Garden required by law to be in attendance to fulfill the duties imposed by this Center of Greater Cleveland to at school. division. include additional property at Wade (d) It shall be an affirmative (b) No child that has been sus- Park Oval for use consistent with defense to division (b) of this sec- pended or expelled from school shall the original lease, to extend the tion that the parent or legal fail to comply with supervision pro- term an additional forty-nine years, guardian initiated the jurisdiction vided or arranged by a parent or and to acknowledge that the Garden of the Juvenile Court against the legal guardian pursuant to division Center of Greater Cleveland has child prior to the time that the child (a)(1) of this section. officially changed its name to the was found violating division (a) of (c) No child that has been sus- Cleveland Botanical Garden; and to this section. pended or expelled from school shall repeal Ordinance No. 1423-70, passed (e) A police officer or school be in any public place at the times October 12, 1970. attendance officer may transport that he or she would have been Whereas, on December 9, 1964, the any child found violating division required to be in attendance at City of Cleveland( “Lessor”) entered school had he or she not been sus- (a) of this section to the child’s res- into a lease agreement (“Original pended or expelled, except in the idence and may release the child circumstances described in divisions Lease”) with the Garden Center of into the care of a parent or legal (a)(2)A, (a)(2)B, (a)(2)C or Cleveland (the “Garden Center”) for guardian, to the school the child (a)(2)D. certain property at Wade Park Oval usually attends, or to any location (d) As used in this section, in the City of Cleveland, pursuant designated by the school authorities “public place” includes any street, to Ordinance No. 1578-63, passed as a receiving center for such chil- sidewalk, park, cemetery, school October 7, 1963, and Resolution No. dren, the choice of destination to be yard, body of water or watercourse, 2420-64, adopted November 30, 1964; made at the discretion of the police public conveyance, or any other and officer or school attendance officer place for the sale of merchandise, Whereas, on July 15, 1968, Cleve- based on proximity of the destina- public accommodation or amuse- land City Council passed Ordinance tion and other relevant factors, and ment. No. 1305-68, authorizing an amend- subject to the need to respond to (e) A police officer or school ment to the Original Lease for addi- emergency or priority calls. attendance officer may transport tional property for use as a public (f) Any child who violates divi- any child found violating division park, and on December 16, 1968, sion (a) of this section is an unruly (a) of this section to the child’s res- Cleveland City Council passed Ordi- child and is subject to the jurisdic- idence and may release the child nance No. 1976-68, authorizing a sec- tion of the Juvenile Court. into the care of a parent or legal ond amendment to the Original (g) Any person who violates divi- guardian, to the school the child Lease for additional property for sion (b) of this section is guilty of usually attends, or to any location use as a public park (the “Leased negligently failing to supervise a designated by the school authorities Premises”); and child of compulsory school age, a as a receiving center for such chil- Whereas, subsequent to the pas- minor misdemeanor for a first dren, the choice of destination to be sage of Ordinance Nos. 1578-63, 1305- offense. In addition to any other made at the discretion of the police 68 and 1976-68, the Garden Center method of enforcement provided for officer or school attendance officer officially changed its name to the in these Codified Ordinances or by based on proximity of the destina- Cleveland Botanical Garden statute, this offense may be tion and other relevant factors, and (“Botanical Garden” or “Lessee”); enforced by the issuance of a cita- subject to the need to respond to and tion in compliance with Rule 4.1 of emergency or priority calls. Whereas, the Botanical Garden (f) Any child that violates divi- the Ohio Rules of Criminal Proce- desires to enter into an amendment dure. Any person who is convicted sions (b) or (c) of this section is an unruly child and is subject is to the to the Original Lease, as amended of a second or subsequent offense jurisdiction of the Juvenile Court. by Ordinance Nos. 1305-68 and 1976- for violating division (b) of this sec- (g) Any person that negligently 68, expanding the Leased Premises tion is guilty of a misdemeanor of fails to fulfill the duty imposed by to include additional property, the fourth degree. division (a) of this section is guilty extending the Lease term an addi- of negligently failing to supervise a tional forty-nine (49) years subject Section 605.142 Children Suspend- suspended or expelled child, a minor to certain conditions subsequent, ed or Expelled from School to misdemeanor for a first offense. In and further recognizing Lessee’s Remain Under Supervision; Parental addition to any other means of name change; and Duties Imposed enforcement provided for in these Whereas, this ordinance consti- (a) If a child is suspended or Codified Ordinances or by statute, tutes an emergency measure pro- expelled from school, then each par- this offense may be enforced by the viding for the usual daily operation ent or legal guardian of the child issuance of a citation in accordance of a municipal department; now, shall have the following duties for with Rule 4.1 of the Ohio Rules of therefore, the duration of the suspension or Criminal Procedure. Any person Be it ordained by the Council of expulsion: who is convicted of a second or sub- the City of Cleveland: (1) The duty to personally super- sequent offense for violating divi- Section 1. That notwithstanding vise the child, or to arrange for a sion (b) of this section is guilty of and as an exception to the provi- responsible adult to supervise the a misdemeanor of the fourth degree. sions of Chapters 181 and 183 of the child, at the times that the child Section 2. That the following sec- Codified Ordinances of Cleveland, would have been required to be in tions of the Codified Ordinances of Ohio, 1976, the Director of Parks, attendance at school had he or she Cleveland, Ohio, 1976: Recreation and Properties is autho- not been suspended or expelled; and Section 605.14, as amended by rized to enter into and execute an (2) The duty to prohibit the child Ordinance No. 1020-76, passed June amendment to the Original Lease from being at any public place at 14, 1976, and signed on December 6, 1964, between the times that the child would have Sections 605.141 and 605.142, as the City of Cleveland and the Gar- been required to be in attendance at amended by Ordinance No. 615-95, den Center of Greater Cleveland school had he or she not been sus- passed June 19, 1995, are hereby (the “Garden Center”) pursuant to pended or expelled, except in the repealed. Section 3. That this ordinance is Ordinance No. 1578-63 and Resolu- following circumstances: tion No. 2420-64, as amended by Ordi- A. When the child is accompa- hereby declared to be an emergency measure and, provided it receives nance Nos. 1305-68 and 1976-68. nied by the parent or legal Section 2. That said amendment guardian, or a responsible adult the affirmative vote of two-thirds of all the members elected to Council, shall be prepared by the Director of selected by the parent or legal Law, and shall provide for the guardian to supervise the child; or it shall take effect and be in force expansion of the Leased Premises to B. When the child is employed immediately upon its passage and pursuant to an age and schooling approval by the Mayor; otherwise it include additional property. The certificate issued by the school shall take effect and be in force entire Leased Premises shall be authorities, during the times that from and after the earliest period described in said amendment as fol- the child is actually on the job or allowed by law. lows: traveling directly to or from the job Passed June 10, 1996. site; or Effective June 19, 1996. THE GARDEN CENTER OF C. When the child is on an GREATER CLEVELAND emergency errand; or LAND LEASED FROM D. When the child has been Ord. No. 87-96. CITY OF CLEVELAND directed by the parent or legal By Councilmen Willis, Johnson, Situated in the City of Cleveland, guardian to engage in a specific Rybka and Rokakis (by departmen- County of Cuyahoga and State of activity or to carry out express tal request). Ohio, and known as being a part of instructions, during the times that An emergency ordinance autho- Original 100 Acre Lots Nos. 394 and the child is actually engaged in ful- rizing the Director of Parks, Recre- 395, bounded and described as fol- filling those directions or instruc- ation and Properties to enter into lows: 1191 62 The City Record June 19, 1996

Beginning at a stone monument in Course No. 9: Thence North 65° 12' altered, used, arranged or designed the center line of Hazel Drive N.E., 20" East along the Northwesterly to be used, in whole or part for 70 feet in width, at its intersection line of land so leased to the Garden other than one or more of the fol- with the Easterly line of East Center of Greater Cleveland, 286.56 lowing specified uses. Boulevard N.E.; feet to the principal place of begin- (1) All buildings and uses per- Thence South 8° 26' 31" West, ning, containing 199,907 square feet mitted in a Semi-Industry District 80.30 feet to a point on the South- of land (4.5892 acres), according to without the restrictions contained in westerly curb line of East Boule- a survey by Garrett & Associates, Section 345.03 applying to such vard N.E.; Inc., Registered Engineers and Sur- buildings or uses except that: Thence continuing along said veyors, revised in February, 1995, be A. Loading or unloading plat- Southwesterly curb line of East the same more or less. forms of motor freight depots or Boulevard N.E., along the arc of a Section 3. That said amendment trucking terminals shall not be less circle deflecting to the right, 66.51 shall also contain a provision than fifty feet from the street line feet to the Northeasterly corner of extending the Lease term an addi- unless such platforms are so locat- land leased to the Garden Center of tional forty-nine (49) years, until ed that freight handling vehicles Greater Cleveland by the City of December 6, 2063, subject to the con- will not stand or maneuver in the Cleveland by Ordinance No. 1305-68, dition subsequent that Lessee make space between the platform and the said curved line having a radius of certain improvements to the Leased street line. 600.00 feet and a chord which bears Premises. B. Dusty material storage and South 37° 12' 09" East a distance of Section 4. That said amendment handling shall be subject to the lim- 66.47 feet, being also the principal shall also contain a provision for- itations and restrictions of Section place of beginning of the premises mally recognizing and acknowledg- 347.05. herein to be described; ing that the lessee has officially C. All buildings and uses shall Course No. 1: Thence Southeaster- changed its name from the Garden conform to other applicable regula- ly along said Southwesterly curb Center to the Cleveland Botanical tions of this Zoning Code and other line of East Boulevard N.E., along Garden, provided evidence of a legal applicable statutes, ordinances, the arc of a circle deflecting to the name change has been provided to rules or regulations. right, 185.07 feet to a point of com- the satisfaction of the Director of (2) Any industrial, manufactur- pound curvature, said curved line Law. ing, commercial or other nonresi- having a radius of 600.00 feet and a Section 5. That said amendment dential use, except the uses here- chord which bears South 25° 11' 25" shall incorporate all other terms inafter listed as prohibited uses in East a distance of 184.34 feet; and conditions of the Original Lease a General Industry District. Course No. 2: Thence Southeaster- signed December 6, 1964, and shall (3) The open yard storage of sec- ly continuing along a Southwester- contain such additional provisions ondhand lumber or other used build- ly curb line of East Boulevard N.E., as the Director of Law deems nec- ing material, junk, paper, rags, along the arc of a circle deflecting essary or appropriate to protect the unrepaired or uncleaned containers to the right, 85.94 feet to a point of City’s interests. or other salvaged articles provided compound curvature, said curved Section 6. That the Directors of such uses are enclosed within a line having a radius of 570.00 feet Parks, Recreation and Properties minimum seven-foot high solid and a chord which bears South 13° and Law, and other appropriate City masonry wall or slightly solid, non- officials, are hereby authorized and 52' 36" East a distance of 85.85 feet; transparent, well-maintained sub- directed to execute such other doc- Course No. 3: Thence Southerly stantial fence not closer to the uments and certificates, and take continuing along a Westerly curb street line than the setback build- line of East Boulevard N.E., along such other actions as may be nec- essary or appropriate to effect the ing line and not closer than fifty the arc of a circle deflecting to the feet to any Residence District. Such right, 253.18 feet to a point of com- lease agreement authorized pur- wall or fence may have one open- pound curvature, said curved line suant to this ordinance. ing not more than twenty feet in having a radius of 540.00 feet and a Section 7. That Ordinance No. width for street access, and may chord which bears South 2° 25' 17" 1423-70, passed October 12, 1970, is West a distance of 250.86 feet; hereby repealed. have two such openings if the wall Course No. 4: Thence Southwest- Section 8. That this ordinance is or fence along the street is more than 200 feet in length. erly continuing along the North- hereby declared to be an emergency westerly curb line of East Boule- measure and, provided it receives (4) The operation of wrecking or vard N.E., along the arc of a circle the affirmative vote of two-thirds of dismantling of motor vehicles, or deflecting to the right, 92.25 feet to all the members elected to Council, the storage of motor vehicles, pend- a point of tangency, said curved line it shall take effect and be in force ing wrecking or dismantling, in having a radius of 180.00 feet a immediately upon its passage and areas with a minimum area of 50,000 chord which bears South 28° 24' 44" approval by the Mayor; otherwise it square feet providing such premises West a distance of 91.24 feet; shall take effect and be in force is enclosed within a minimum Course No. 5: Thence South 40° 20' from and after the earliest period seven-foot high solid masonry wall 51" West continuing along a North- allowed by law. or slightly solid, nontransparent, westerly curb line of East Boule- Passed June 10, 1996. well maintained substantial fence. vard N.E., 200.08 feet to a point of Effective June 19, 1996. Such wall or fence may have one curvature; opening not more than twenty feet Course No. 6: Thence continuing in width for street access and may along said Northwesterly curb line Ord. No. 146-96. have two such openings if the wall of East Boulevard N.E., along the By Councilman Miller. or fence along the street is more arc of a circle deflecting to the An emergency ordinance to amend than 200 feet in length. All walls or right, 31.72 feet to a point of tan- Section 345.04 of the Codified Ordi- fences referred to in this chapter gency, said curved line having a nances of the City of Cleveland, shall be neatly constructed, kept in radius of 26.00 feet and a chord Ohio, 1976 as amended by Ordinance good order and repair; no printing, which bears South 75° 17' 35" West No. 1447-94, passed September 19, lettering or advertisement shall be a distance of 29.79 feet; 1994, relating to prohibited uses in made part of or attached thereto or Course No. 7: Thence North 69° 45' General Industry Districts. painted on the outside of the wall 42" West in a direct line, 95.50 feet Whereas, this ordinance consti- or fence, except that a sign located to its intersection with the Souther- tutes and emergency measure pro- at the entrance to the yard may be ly prolongation of the Westerly line viding for the usual daily operation provided to identify the yard. of land leased to the Garden Center of a municipal department; now, (5) The sale or storage for sale of Greater Cleveland by the City of therefore, of liquefied petroleum gases and Cleveland by Ordinance No. 1976-68; Be it ordained by the Council of acetylene and other compressed or Course No. 8: Thence North 5° 33' the City of Cleveland: liquefied gases of a highly flamma- 39" West along said Southerly pro- Section 1. That Section 345.04 of ble nature. longation of the Westerly line of the Codified Ordinances of Cleve- (6) Buildings and structures in land so leased to the Garden Center land, Ohio, 1976, as amended by Use Group I-3 in the Ohio Basic of Greater Cleveland, the Westerly Ordinance No. 1447-94, passed Sep- Building Code but only at the State line of land so leased to the Garden tember 19, 1994, is hereby amended of Ohio Pre-Release Center located Center of Greater Cleveland and to read as follows, on Orange Avenue. along the Westerly line of land (b) Accessory Uses by Special leased to the Garden Center of Section 345.04 General Industry Permit. The following uses are pro- Greater Cleveland by Ordinance No. Districts hibited as the main or primary use 1578-63 and 1305-68, 590.67 feet to the (a) Permitted Buildings and Uses. of the premises; they are permitted Northwesterly corner of land so Within any General Industry Dis- only as uses accessory or incidental leased to the Garden Center of trict the following buildings or uses to a permitted use and only on spe- Greater Cleveland by Ordinance No. are permitted; no building or cial permit from the Board of Zon- 1305-68; premises shall hereafter be erected, ing Appeals: 1192 June 19, 1996 The City Record 63

(1) Asphalt or tar manufacturing works, and other explosives, or the neglects to comply with any of the or refining. storage thereof. provisions thereof shall be fined not (2) Blast furnaces, ore smelting K. Mineral insulation manufac- more than five dollars ($5.00) for or reduction, metal refining or ture. each offense, and one dollar ($1.00) smelting. L. Rayon manufacture. for each day the offense is contin- (3) Carbon, coke or lampblack M. Slaughtering of animals, ued. manufacture. except poultry. (h) Any owner of lots or lands (4) Coal gas manufacture. N. Stockyards. which are used in whole or in part (5) Cremation within 300 feet of O. Any other trade, industry or for the operation of a business, as a Residence District. use that will be injurious, haz- defined in Section 505.11, and who (6) Creosote manufacture or treat- ardous, noxious, or offensive to an violates Section 507.13 or fails or ment. extent equal to or greater than any neglects to comply with any of the (7) Dextrine, glucose or starch one of the enterprises enumerated provisions thereof shall be fined manufacture in division (c)(2) of this section. twenty-five dollars ($25.00) for each (8) Disinfectant or insecticide Section 2. That existing Section day the offense occurs or continues. (i) Whoever violates Section manufacture which emits offensive 345.04 of the Codified Ordinances of 507.15 is guilty of a minor misde- odors. Cleveland, Ohio, 1976, as amended by Ordinance No. 1447-94, passed meanor, and shall be fined one hun- (9) Dye stuffs manufacture. September 19, 1994 is hereby dred dollars ($100.00). The fine set (10) Manufacture of steel by the repealed. forth herein is mandatory and shall Bessemer process. Section 3. That this ordinance is not be suspended by the court in (11) Match manufacture. hereby declared to be an emergency whole or in part. Each day upon (12) Oil cloth or linoleum manu- measure and, provided it receives which a violation occurs or contin- facture. the affirmative vote of two-thirds of ues shall constitute a separate (13) Paper and pulp manufactur- all the members elected to Council, offense and shall be punishable as ing by sulphite processes emitting it shall take effect and be in force such hereunder. If the offender per- noxious gases or odors. immediately upon its passage and sists in violating Section 507.15, (14) Production or refining of approval by the Mayor; otherwise it after reasonable warning or request petroleum or other flammable liq- shall take effect and be in force to desist, the offender is guilty of a uids. from and after the earliest period misdemeanor of the first degree. (15) Rock crushing. allowed by law. (j) In addition to any other (16) Rubber manufacture by Passed June 10, 1996. method of enforcement provided for reclaiming processes. Effective June 19, 1996. in this chapter, the provisions of (17) Stock feed manufacture from division (i) of this section may be refuse. enforced by the issuance of a cita- (18) Tanning, curing or storing of Ord. No. 197-96. tion in compliance with Rule 4.1 of raw hides or skins. By Councilmen Coats, McGuirk the Ohio Rules of Criminal Proce- (19) Wool pulling or scouring. and Rokakis (by departmental dure. (20) Hair processing. request). Section 2. That existing Section (21) Any other trade, industry or An emergency ordinance to amend 507.99 of the Codified Ordinances of use that will be no more injurious, Section 507.99 of the Codified Ordi- Cleveland, Ohio, 1976, as amended hazardous, noxious or offensive nances of Cleveland, Ohio, 1976, as by Ordinance No. 2417-90, passed than the enterprises listed in divi- amended by Ordinance No. 2417-90, June 17, 1991, is hereby repealed. sion (b) of this section. passed June 17, 1991, relating to Section 3. That this ordinance is hereby declared to be an emergency (c) Buildings and Uses Prohibit- penalty for sidewalk obstructions measure and, provided it receives ed. and maintenance. the affirmative vote of two-thirds of (1) In a General Industry District Whereas, this ordinance consti- tutes an emergency measure pro- all the members elected to Council, no building or premises shall here- it shall take effect and be in force after be erected, altered or arranged viding for the usual daily operation of a municipal department; now, immediately upon its passage and for human habitation other than at therefore, approval by the Mayor; otherwise it the State of Ohio Pre-Release Cen- Be it ordained by the Council of shall take effect and be in force ter located on Orange Avenue, the City of Cleveland: from and after the earliest period except that the Board of Zoning Section 1. That Section 507.99 of allowed by law. Appeals may grant special permis- the Codified Ordinances of Cleve- Passed June 10, 1996. sion for temporary dwellings or for land, Ohio, 1976, as amended by Effective June 19, 1996. permanent dwellings for a limited Ordinance No. 2417-90, passed June number of personnel required to 17, 1991, is hereby amended to read reside on the premises of a permit- as follows: Ord. No. 368-96. ted use for the safe and proper oper- By Councilmen Paulenske, Jack- ation of that use; Section 507.99 Penalty son and Rokakis (by departmental (2) In a General Industry District (a) Whoever violates Sections request). no building or premises shall here- 507.01 or 507.02 shall be fined not An emergency ordinance autho- after be erected, altered, used, less than fifty dollars ($50.00) nor rizing the Director of Economic arranged or designed to be used, in more than five hundred dollars Development to enter into a contract whole or in part, for any of the fol- ($500.00). with the Cleveland-Cuyahoga Coun- lowing uses: (b) Whoever violates Sections ty Port Authority, or their designee, A. Acid manufacture, including 507.04 shall be fined not less than to provide economic development hydrochloric acid, nitric acid, picric five dollars ($5.00) nor more than assistance for the acquisition and acid, sulphuric acid, and sulphurous twenty dollars ($20.00). relocation of J.C. Hub located at acid. (c) Whoever violates Sections East 36th Street and Chester B. Ammonia, bleaching powder, 507.06, 507.07 or 507.08 shall be fined Avenue, Cleveland, Ohio. soda, soda compound, potash or chlo- not less than ten dollars ($10.00) nor Whereas, this ordinance consti- rine manufacturing or refining. more than twenty-five dollars tutes an emergency measure pro- C. Bronze powder or other metal- ($25.00) for each offense. viding for the usual daily operation lic powder manufacture. (d) Whoever violates Section of a municipal department; now, D. Cement, gypsum, lime, or plas- 507.09 shall be fined not more than therefore, ter of Paris manufacture. one hundred dollars ($100.00). Be it ordained by the Council of the City of Cleveland: E. Distillation of bones, coal or (e) Any owner, agent, employee or other person violating Section Section 1. That the Director of wood, or manufacture of any of the 507.10 shall be fined not less than Economic Development is hereby by-products of such distillation. five dollars ($5.00) nor more than authorized to enter into a contract F. Fat, grease, lard or tallow man- fifty dollars ($50.00) for each with the Cleveland-Cuyahoga Coun- ufacturing, rendering or refining. offense. ty Port Authority, or their designee, G. Fertilizer manufacture from (f) Whoever violates Section to provide economic development phosphates or organic matter. 507.11 and 507.12 or who fails or assistance for the acquisition and H. Gelatine, glue or size manu- neglects to comply with either of relocation of J.C. Hub, located at facture. those sections shall be fined not East 36th Street and Chester I. Incineration or reduction of more than fifty dollars ($50.00) for Avenue, Cleveland, Ohio. dead animals, garbage, offal or each offense or violation, and five Section 2. That the terms of said refuse, except in a private incinera- dollars ($5.00) for each day the vio- loan shall be in accordance with the tor constructed and operated as lation is continued. terms set forth in the summary con- required by Section 337.23. (g) Subject to division (h) of this tained in File No. 368-96-A and shall J. Manufacture of incendiary section, whoever violates Section include a requirement that the bor- devices, pyrotechnical devices, fire- 507.13 or 507.14 or who fails or rower use its best efforts to employ 1193 64 The City Record June 19, 1996 twenty-two percent (22%) minori- from Fund No. 17 SF 305, Loan Fees tutes an emergency measure pro- ties and ten percent (10%) females Fund. viding for the usual daily operation in on-site demolition and site devel- Section 7. That the Director of of a municipal department; now, opment jobs. Law is hereby authorized to prepare therefore, Section 3. That the costs of said said contract and such other docu- Be it ordained by the Council of contract shall not exceed Nine Hun- ments as may be appropriate to the City of Cleveland: dred Thousand Dollars ($900,000.00), complete the transaction. Section 1. That the Codified Ordi- and shall be paid from Fund No. 10 Section 8. That this ordinance is nances of Cleveland, Ohio, 1976, are SF 501, Request No. 22405. hereby declared to be an emergency hereby supplemented by enacting Section 4. That the Director of measure and, provided it receives new Section 135.47 thereof, to read Economic Development is hereby the affirmative vote of two-thirds of as follows: authorized and directed to accept all the members elected to Council, the collateral as set forth in the it shall take effect and be in force Section 135.47 Jail Population summary contained in the file ref- immediately upon its passage and Reduction Project erenced in Section 2 of this ordi- approval by the Mayor; otherwise it The Director of Public Safety is nance in order to secure repayment shall take effect and be in force authorized to enter into contract of said loan. Any security instru- from and after the earliest period with the Board of Commissioners of ment shall be prepared and allowed by law. Cuyahoga County for reimburse- approved by the Director of Law. Passed June 10, 1996. ment of the costs of a Cleveland Section 5. That the Director of Effective June 19, 1996. police officer or former Cleveland Economic Development is hereby police officer to participate in the authorized to accept monies in Jail Population Reduction Project. repayment of the loan and to Ord. No. 370-96. Section 2. That this ordinance is deposit said monies in Fund No. 15 By Councilmen Polensek, McGuirk hereby declared to be an emergency SF 503. and Rokakis (by departmental measure and, provided it receives Section 6. That the Director of request). the affirmative vote of two-thirds of Economic Development is hereby An emergency ordinance to sup- all the members elected to Council, authorized to charge and accept plement the Codified Ordinances of it shall take effect and be in force fees in an amount not to exceed the Cleveland, Ohio, 1976 by enacting immediately upon its passage and maximum allowable under federal new Section 135.47 thereof, relating approval by the Mayor; otherwise it regulations and expend such fees to to reimbursement by Cuyahoga shall take effect and be in force cover costs incurred in the prepara- County of the costs of a police offi- from and after the earliest period tion of the loan application, closing cer to participate in the Jail Popu- allowed by law. and servicing of the loan. Such fees lation Reduction Project. Passed June 10, 1996. shall be deposited to and expended Whereas, this ordinance consti- Effective June 19, 1996.

Ord. No. 374-96. By Councilmen Rybka, Polensek, Coats, McGuirk and Rokakis (by departmental request). An ordinance to supplement the Codified Ordinances of Cleveland, Ohio, 1976, by enacting new Sections 511.01 through 511.12 thereof, relating to hospital trailblazer signs. Be it ordained by the Council of the City of Cleveland: Section 1. That the Codified Ordinances of Cleveland, Ohio, 1976, are hereby supplemented by enacting new Sec- tion 511.01 through 511.12 thereof, to read respectively, as follows:

CHAPTER 511 HOSPITAL TRAILBLAZER SIGNS

Section 511.01 Purpose The purpose of this chapter is to ensure that signs placed in the public right-of-way to direct motorists to emergency medical facilities are located and designed in a manner which provides information clearly and effi- ciently, with a minimum of confusion and clutter. Generally, these guidelines are consistent with standards estab- lished by the Ohio Department of Transportation.

Section 511.02 Definitions (a) A “hospital trailblazer sign” is a sign located within the public right-of-way, directing the public to a qual- ifying hospital facility. (b) A “standard” hospital trailblazer sign displays only the “H” symbol and a white directional arrow, as depict- ed in Section 511.12. (c) A hospital trailblazer “identification” sign displays the name of each hospital to which the public is direct- ed, as depicted in Section 511.12.

Section 511.03 Qualifying Hospital Facilities Qualifying hospital facilities are hospitals that provide emergency medical services to the general public on a 7 day-a-week, 24 hour-a-day basis, with a physician on duty in the emergency department at all times or with a registered nurse on duty in the emergency department and with a physician in the hospital on call. Qualifying hospital facilities are permitted to use hospital trailblazer signs pursuant to this chapter.

Section 511.04 Design of Signs (a) All Signs. Each hospital trailblazer sign shall consist of a rectangular metal panel 24" in width, display- ing a white “H” on a blue background in a 24" square copy area, placed at the top of the sign. The sign shall also display a directional arrow or arrows. All elements of the sign shall be displayed on a single panel, bor- dered in a white frame. Each sign shall be designed in accordance with the applicable illustration in Section 511.12. Each hospital may be identified with either a Standard sign or an Identification Sign, as described in divisions (b) and (c) of this Section. (b) Standard Signs. The Standard Sign shall be designed according to division (b) of Section 511.02. The sign panel shall be 24" in width and a total of 33" in height, including a 9" high band for display of the direction- al arrow. (c) Identification Signs. The Identification Sign shall display the name or names of each qualifying hospital permitted to be displayed at the subject location, in accordance with the General Location Standards set forth in Section 511.05. Each hospital name shall be displayed in white letters at least 3" in height, in a copy area which is a maximum of 15" in height. A white directional arrow shall be placed under each hospital name. For signs displaying the names of two or more hospitals, the hospitals shall be listed in descending order with respect to the distance of each hospital, with the closest hospital listed first. The distance of each hospital’s emergency entrance shall be displayed in fractions of a mile, in white numerals and letters placed to the left of the direc- tional arrow. No more than three (3) hospital names shall be displayed on a single sign unless a special design accommodating more than three names has been approved by the City Planning Director for a location at which the standards of this chapter permit identification of more than three hospitals.

Section 511.05 General Locational Standards (a) Local Area Signs. The area within one mile of the boundaries of a qualifying hospital facility shall be considered the “local area” for purposes of hospital trailblazer sign placement. Within the “local area,” trailblazer signs directing motorists to the subject hospital or hospitals may be placed on arterial roads or collector roads

1194 June 19, 1996 The City Record 65

(as classified by the Ohio Department of Transportation) at “decision-making points” where a right or left turn is required, and at the intersection of two or more arterial roads. Separate signs for two or more hospitals shall not be permitted where a single, multiple-hospital sign could be placed. (b) Signs on Freeway Routes. Outside of the 1-mile “local area,” hospital trailblazer signs shall be permitted only on roads which provide the most direct route from freeway interchanges most directly serving a qualifying hospital. Such signs may be placed at “decision-making points,” where a right or left turn is required for one or more of the listed hospitals, and at the intersection of two or more arterial roads (as classified by Ohio Depart- ment of Transportation). Separate signs for two or more hospitals shall not be permitted where a single, multi- ple-hospital sign could be placed. (c) Signs on Freeways. Hospital trailblazer signs shall be placed on inter-state highways and other freeways, as well as in immediate proximity to freeway exits ramps, as permitted by the Ohio Department of Transporta- tion.

Section 511.06 Specific Placement Standards (a) Distance from Intersection. A permitted hospital trailblazer sign shall be placed approximately 150-200 feet in advance of an intersection where a left turn is indicated, approximately 100 feet in advance of an intersec- tion where only a right turn is indicated, and less than 100 feet in advance of an intersection where no turn is indicated. Precise locations for particular signs shall be determined by the Commissioner of Traffic Engineering and Parking. (b) Attachment. Hospital trailblazer signs shall be attached to utility poles, where such poles are appropriate- ly located. Only where utility poles or other sign posts are not available shall hospital trailblazer signs be attached to posts installed exclusively for display of the trailblazer sign. Specific placement shall be approved by the Com- missioner of Traffic Engineering and Parking and, for signs placed on utility poles, the Commissioner of Cleve- land Public Power. (c) Vertical and Lateral Clearance. Each hospital trailblazer sign shall be set back at least two (2) feet from the curb face or as permitted by the Commissioner of Traffic Engineering and Parking. The bottom of each sign shall be approximately 7-10 feet above the level of the adjoining street surface, as approved by the Commissioner of Traffic Engineering and Parking.

Section 511.07 Installation, Ownership and Maintenance (a) Manufacture, installation, maintenance, and replacement of hospital trailblazer signs shall be at the sole cost and responsibility of the subject hospital or hospitals or its designated agent or agents. The signs shall remain property of the hospital or hospitals or its agent or agents. (b) All signs shall be maintained in good condition. Signs in deteriorated or damaged condition, or signs that contain obsolete information shall be repaired, replaced or removed upon the order of the Commissioner of Traf- fic Engineering and Parking.

Section 511.08 Encroachment Application Permit Required Encroachment Permits are required for placement of all hospital trailblazer signs. Applications shall be as fol- lows: (a) Comprehensive Sign Location Plan. Not later than six (6) months after the effective date of this chapter, all hospitals shall submit to the City Planning Commission a comprehensive citywide plan for the placement of such signs. The plan shall indicate the general location of each proposed sign and each existing sign to be retained, and the name or names of each hospital listed on each sign. The plan shall demonstrate how the num- ber of signs will be minimized by coordinating the signage needs of hospitals that share access routes. The City Planning Commission shall review the plan with respect to the General Locational Standards set forth in Section 511.05 and shall either approve or disapprove the plan within 45 days of receipt of a complete plan, unless the applicant hospitals request an extension in this time period to permit preparation of recommended revisions. The Commission shall consult with the Commissioner of Traffic Engineering and Parking prior to approving the plan. (b) Encroachment Permit Application. Subsequent to approval of a comprehensive sign location plan by the City Planning Commission, any hospital or hospitals seeking to install hospital trailblazer signs shall apply for an Encroachment Permit from the Director of Public Service. The application shall include the following infor- mation: (1) a written description of the proposed encroachment or encroachments, including the dimensions, height, color and construction materials of each sign, as well as the name or names of each hospital listed on each sign; (2) a sketch of each proposed sign, drawn to scale and marked with dimensions and colors; (3) a description and scaled site plan of the encroachment area, prepared, if required by the Director of Pub- lic Service, by a licensed surveyor; (4) a detailed description of the method of attachment to a permanent structure or to the ground; (5) written consent of the Councilmember in whose ward the encroachment is to be located; and (6) evidence of consent of the pole owner to affixing the sign to its pole if the pole is not owned by the appli- cant for the Encroachment Permit; and (7) any other information that the Director of Public Service deems necessary. (c) Review and Approval of Encroachment Permit Application. The Director of Public Service shall promptly refer the Encroachment Permit application to the Commissioner of Traffic Engineering and Parking, the Direc- tor of the City Planning Commission and, if applicable, the Commissioner of Cleveland Public Power, each of whom shall review the application for consistency with the standards established in this chapter, the approved comprehensive sign location plan, and other applicable City standards. Each such official shall transmit a rec- ommendation to the Director of Public Service, who shall then initiate the final Encroachment Permit process. The Director shall issue the Encroachment Permit if he or she determines that all requirements of this chapter have been met, including consent of the City Council member in whose ward the encroachment is to be located. (d) Revocation of Encroachment Permits. The Director of Public Service shall revoke the Encroachment Per- mit for any sign that is not maintained in accordance with this chapter.

Section 511.09 Pre-existing Signs (a) Submission of Information. As part of the comprehensive sign location plan to be submitted to the City Planning Commission pursuant to division (a) of Section 511.08, each hospital shall submit a complete listing of all existing hospital trailblazer signs it installed prior to the effective date of this chapter. The listing shall include the location of each sign, a notation indicating whether the hospital proposes to retain, remove or replace each sign, the ordinance number of the applicable Encroachment Permit for each sign, and a photograph of each sign, or sign type, marked with the dimensions of the sign panel. (b) Conforming Signs. Any sign determined by the Director of the City Planning Commission to be substan- tially conforming to these- guidelines shall be permitted to remain in place. However, if there is no record of an Encroachment Permit for any such sign, the subject hospital shall apply for an Encroachment Permit within 30 days of receipt of written notification from said Director. (c) Nonconforming Signs. Any sign determined by the Director of the City Planning Commission to be sub- stantially nonconforming to the standards of this chapter shall be removed by the subject hospital within 30 days after receipt of written notice from said Director, except in the case of a sign which the hospital proposes to replace. For such signs, the hospital shall submit an Encroachment Permit application for the replacement sign to the Director of Public Service within 30 days of approval of the Comprehensive Sign Location Plan. The non- conforming sign shall be removed and replaced within 30 days of the issuance of an Encroachment Permit.

Section 511.10 Variations and Appeals The Commissioner of Traffic Engineering and Parking may vary the standards established in this chapter to the extent necessary, in the determination of the Commission, to ensure traffic safety and to better direct the 1195 66 The City Record June 19, 1996 motorist in particular instances. Decisions of any City official with respect to hospital trailblazer signs may be appealed to the Board of Zoning Appeals in accordance with applicable regulations and procedures.

Section 511.11 Insurance and Liability The recipient of an Encroachment Permit for a hospital trailblazer sign shall hold the City harmless from any and all liability, for any reason whatsoever, occasioned upon the installation and use of each such device, other than liability arising from any negligent act or omission which is solely attributable to the City, and shall fur- nish, at sign owner’s expense, such general commercial liability insurance as shall protect said owner and the City from all claims for damage to property or bodily injury, including death, which may arise from operation under the permit or in connection therewith. Such policy shall name the City as an additional insured, shall be in an amount of not less than One Hundred Thousand Dollars ($100,000.00) combined single limit for any injury to persons and/or damage to property and shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without thir- ty (30) days prior written notice to the City. A certificate of insurance shall be provided to the City with the required application for an Encroachment Per- mit and shall be maintained before and during installation of such device and throughout the period that the permit for the encroachment is in effect.

Section 511.12 Illustrations

Section 2. That this ordinance shall take effect and be in force from and after September 1, 1996. Passed June 10, 1996. Effective July 20, 1996.

1196 June 19, 1996 The City Record 67

Ord. No. 418-96. Ord. No. 491-96. Whereas, the City of Cleveland By Councilman Jackson (by By Councilman Jackson. adopted and implemented proce- request). An ordinance to change the Use dures under Chapter 5722 of the An emergency ordinance autho- District of lands located between E. Revised Code to facilitate reutiliza- rizing the Director of Public Service 40 Street and E. 46 Street approxi- tion of nonproductive lands situated to issue a permit to the New Village mately 154.50' south of Carnegie within the City of Cleveland; and Corporation, to construct an orna- Avenue, S.E. (Map Change No. 1899, Whereas, real property acquired mental fence with a gate and a Sheet No. 5) under the City’s Land Reutilization planting strip, approximately 330 Be it ordained by the Council of Program is acquired, held, adminis- feet long and 3.5-feet wide, which the City of Cleveland: tered and disposed of by the City of will encroach into the right-of-way Section 1. That the Use Area of Cleveland through its Department lands bounded and described as fol- of Central Avenue S.E. between of Community Development under lows, the terms of Chapter 5722 of the East 36th and East 37th Streets at Revised Code and Section 183.021 of Central Commons Subdivision No. 4. PARCEL 1 Codified Ordinances of the City of Whereas, this ordinance consti- CITY OF CLEVELAND COUNTY Cleveland, 1976; and tutes an emergency measure pro- OF CUYAHOGA, AND STATE OF Whereas, this ordinance consti- viding for the usual daily operation OHIO being the rear 66.81 feet of 19 tutes an emergency measure pro- of a municipal department; now, in Henry F. Clark’s Allotment of viding for the usual daily operation therefore, part of original ten (10) acre Lot of a municipal department; now, Be it ordained by the Council of No. 71, as shown by the recorded therefore, the City of Cleveland: plat in Volume 4 of Maps, Page 10 Be it ordained by the Council of Section 1. That the Director of of Cuyahoga County Records, and the City of Cleveland: Public Service hereby is authorized further described as starting on the Section 1. That pursuant to Sec- to issue a permit, revocable at the northwest corner of aforesaid Sublot tion 183.021 of the Codified Ordi- will of Council, and assignable by 19, said point being the southwest nances of Cleveland, Ohio 1976, the the Permittee with consent of the corner of Sublot 18 in the aforesaid Commissioner of Purchases and Sup- Director of Public Service, to the Henry F. Clark’s Allotment; thence plies is hereby authorized to sell New Village Corporation, General north 82 degrees, 02 minutes, 50 sec- Permanent Parcel No. 119-29-013 as Partner, whose address is Glenville onds along the north line of Sublot more fully described in Section 2 Enterprise Center; 540 East 105th 19, a distance of 40.00 feet to a below, to Fairfax Renaissance Street; Cleveland, Ohio 44108; its suc- point; thence south 08 degrees, 08 Development Corporation or its cessors and assigns, for the con- minutes, 45 seconds east along the designee. struction, use and maintenance of east line of Sublot 19 said line being Section 2. That the real property the west line of Sublot 20 in Henry an ornamental fence and a gate and to be sold pursuant to Section 1 of F. Clark’s Allotment, a distance of also a planting strip approximately this Ordinance is more fully 66.81 feet to a point; thence south 82 described as follows: 330.00 feet long and approximately degrees, 02 minutes, 50 seconds west 3.5 feet wide along the Central Com- parallel with the north line of Sub- P. P. No. 119-29-013 mons Subdivision No. 4 building lot 19, a distance of 40 feet to a Situated in the City of Cleveland, front, bearing the house numbers of point; thence north 7 degrees, 57 County of Cuyahoga and State of 3604, 3612, 3628, 3636, 3644, 3652, and minutes, 00 seconds west along the Ohio, and known as being Sublot No. 3664; and which fence, gate, and west line of Sublot 19, a distance of 96 and the Southerly 5 feet of Sub- planting strip will encroach into the 66.81 feet to a point and the place lot Nos. 1 and 2 in A. J. March public right-of-way of Central of beginning, be the same more or Trustee’s Subdivision of part of Avenue S.E. between East 36th and less, but subject to all legal high- Original One Hundred Acre Lot No. East 37th Streets, at the locations ways drive easement said above 408, as shown by the recorded plat more fully described as follows: described parcel shall have incress in Volume 18 of Maps, Page 26 of and dercress over a drive 20 feet Cuyahoga County Records and ENCROACHMENT/FENCE & wide starting on the northwest cor- together forming a parcel of land 40 PLANTING STRIP/IN R/W OF ner of Sublot 18 in the aforesaid feet front on the Westerly side of CENTRAL AVENUE S.E. Henry F. Clark’s Allotment; thence East 86th Street (formerly Beech- Situated in the City of Cleveland, westerly 20 feet to a point; thence wood Street) and extending back of County of Cuyahoga and State of southerly 174.50 feet to a point; equal width 94 feet, as appears by Ohio and known as being the thence easterly 20 feet to a point; said plat, be the same more or less, Southerly 3.5 feet of Central Avenue thence northerly 174.50 feet to a but subject to all legal highways. S.E. (60.00 feet wide) extending point and the place of beginning Section 3. That pursuant to Sec- said described drive being on the Easterly from the Easterly line of tion 183.021 of the Codified Ordi- land presently owned by Arthur P. East 36th Street (60.00 feet wide) to nances of Cleveland, Ohio 1976, the Marcus, Trustee, said drive ease- Commissioner of Purchases and Sup- the Westerly line of East 37th Street ment shall be forever pertuity, plies is hereby authorized to sell (66.00 feet wide), be the same more and as outlined in red on the map Permanent Parcel No. 119-29-014 as or less but subject to all legal high- hereto attached, be and the same is more fully described in Section 4 ways. hereby changed to a Semi-Industry below, to Fairfax Renaissance Section 2. That said fence, gate Use District. Development Corporation or its and planting strip will be con- Section 2. That said changed des- designee. structed within the public right-of- ignation of lands described in Sec- Section 4. That the real property way of Central Avenue S.E. at the tion 1 shall be identified as Map to be sold pursuant to Section 3 of locations aforesaid in Section 1., and Change No. 1899, Sheet No. 5 and this Ordinance is more fully shall be constructed in accordance shall be made upon the Building described as follows: with plans and specifications Zone Maps of the City of Cleveland approved by the City Commissioner on file in the office of the Clerk of P. P. No. 119-29-014 of Engineering and Construction. Council and on file in the office of Situated in the City of Cleveland, Section 3. That the permit herein the City Planning Commission by County of Cuyahoga and State of authorized shall be prepared by the the appropriate person designated Ohio, and known as being Sublot No. Director of Law and shall be issued for such purpose by the City Plan- 95 in A. J. Marsh Trustee’s Subdivi- only when, in the opinion of the ning Commission. sion of part of Original One Hun- Director of Law, the City of Cleve- Section 3. That this ordinance dred Acre Lot No. 408, as shown by land has been properly indemnified shall take effect and be in force the recorded plat in Volume 18 of against any and all loss which may from and alter the earliest period Maps, Page 26 of Cuyahoga County allowed by law. result from said permit. Records and being 33 feet front on Passed June 10, 1996. the Westerly side of East 86th Section 4. That this ordinance is Effective July 20, 1996. Street, and extending back between hereby declared to be an emergency parallel lines, 94 feet deep, as measure and, provided it receives appears by said plat, be the same the affirmative vote of two-thirds of Ord. No. 525-96. more or less, but subject to all legal all the members elected to Council, By Councilmen Britt, Jackson, highways. it shall take effect and be in force Rybka and Rokakis (by departmen- Section 5. That pursuant to Sec- immediately upon its passage and tal request). tion 183.021 of the Codified Ordi- approval by the Mayor; otherwise it An emergency ordinance autho- nances of Cleveland, Ohio 1976, the shall take effect and be in force rizing the sale of real property as Commissioner of Purchases and from and after the earliest period part of the Land Reutilization Pro- Supplies is hereby authorized to sell allowed by law. gram for Bicentennial Village to Permanent Parcel No. 119-29-015 as Passed June 10, 1996. Fairfax Renaissance Development more fully described in Section 6 Effective July 19, 1996 Corporation or its designee. below, to Fairfax Renaissance 1197 68 The City Record June 19, 1996

Development Corporation or its plies is hereby authorized to sell Northerly line. 91.25 feet on the designee. Permanent Parcel No. 119-29-028 as Southerly line and having a rear Section 6. That the real property more fully described in Section 12 line of 45 feet, as appears by said to be sold pursuant to Section 5 of below, to Fairfax Renaissance plat, be the same more or less, but this Ordinance is more fully Development Corporation or its subject to all legal highways. described as follows: designee. Section 17. That pursuant to Sec- Section 12. That the real property tion 183.021 of the Codified Ordi- P. P. No. 119-29-015 to be sold pursuant to Section 11 of nances of Cleveland, Ohio 1976, the Situated in the City of Cleveland, this Ordinance is more fully Commissioner of Purchases and Sup- County of Cuyahoga and State of described as follows: plies is hereby authorized to sell Ohio, and known as being Sublot No. Permanent Parcel No. 119-29-072 as 94 in the A. J. Marsh, Trustee Sub- P. P. No. 119-29-028 more fully described in Section 18 division, of part of Original One Situated in the City of Cleveland, below, to Fairfax Renaissance Hundred Acre Lot No. 408, as shown County of Cuyahoga and State of Development Corporation or its by the recorded plat in Volume 18 Ohio, and known as being the designee. of Maps, Page 26 of Cuyahoga Coun- Northerly 34 feet of Sublot No. 81 in Section 18. That the real property ty Records and being 40 feet front A. J. Marsh Trustee’s Subdivision of to be sold pursuant to Section 17 of on the Westerly side of East 86th part of Original One Hundred Acre this Ordinance is more fully Street (formerly Beechwood Street) Lot No. 408 as shown by the record- described as follows: and extending back of equal width ed plat in Volume 18 of Maps, Page 94 feet, as appears by said plat, be 26 of Cuyahoga County Records. P. P. No. 119-29-072 the same more or less, but subject Situated in the City of Cleveland, to all legal highways. Said part of said Sublot No. 81 has a frontage of 34 feet on the West- County of Cuyahoga and State of Subject go Zoning Ordinances, if Ohio, and known as Sublot No. 72 in erly side of Beechwood Street, now any. W. B. Newcomb’s Subdivision of part known as East 86th Street and Section 7. That pursuant to Sec- of Original One Hundred Acre Lot tion 183.021 of the Codified Ordi- extends back between parallel lines Nos. 407 and 408, as shown by the nances of Cleveland, Ohio 1976, the 94 feet, as appears by said plat, be recorded plat in Volume 18 of Maps, Commissioner of Purchases and Sup- the same more or less, but subject Page 2 of Cuyahoga County plies is hereby authorized to sell to all legal highways. Records, and being 40 feet front on Permanent Parcel No. 119-29-023 as Subject to Zoning Ordinances, if the Westerly side of Alanson Street more fully described in Section 8 any. (now known as East 85th Street) below, to Fairfax Renaissance Section 13. That pursuant to Sec- and extending back of equal width Development Corporation or its tion 183.021 of the Codified Ordi- 92-50/100 feet deep, as appears by designee. nances of Cleveland, Ohio 1976, the said plat, be the same more or less, Section 8. That the real property Commissioner of Purchases and Sup- but subject to all legal highways. to be sold pursuant to Section 7 of plies is hereby authorized to sell Also subject to zoning ordinances, this Ordinance is more fully Permanent Parcel No. 119-29-029 as if any. described as follows: more fully described in Section 14 Section 19. That pursuant to Sec- below, to Fairfax Renaissance tion 183.021 of the Codified Ordi- P. P. No. 119-29-023 Development Corporation or its nances of Cleveland, Ohio 1976, the Situated in the City of Cleveland, designee. Commissioner of Purchases and Sup- County of Cuyahoga and State of Section 14. That the real property plies is hereby authorized to sell Ohio, and known as being Sublot No. to be sold pursuant to Section 13 of Permanent Parcel No. 119-29-080 as 86 in A. J. Marsh, Trustee’s Subdi- this Ordinance is more fully more fully described in Section 20 vision of part of Original One Hun- described as follows: below, to Fairfax Renaissance dred Acre Lot No. 408, as shown by Development Corporation or its the recorded plat of said Subdivision P. P. No. 119-29-029 designee. in Volume 18 of Maps, Page 26 of Situated in the City of Cleveland, Section 20. That the real property Cuyahoga County Records. County of Cuyahoga and State of to be sold pursuant to Section 19 of Said Sublot No. 86 has a frontage Ohio, and known as being all of this Ordinance is more fully of 40 feet on the Westerly side of Sublot No. 80 and the Southerly 1 described as follows: East 86th Street, (formerly Beech- foot of Sublot No. 81 in A. J. Marsh, wood Street), and extends back Trustee Subdivision of part of Orig- P. P. No. 119-29-080 between parallel lines 94 feet, as inal One Hundred Acre Lot No. 408, Situated in the City of Cleveland, appears by said plat, be the same as shown by the recorded plat in County of Cuyahoga and State of more or less, but subject to all legal Volume 18 of Maps, Page 26 of Ohio, and known as being the highways. Cuyahoga County Records, and Southerly 34 feet from front to rear Section 9. That pursuant to Sec- together forming a parcel of land 34 of Sublot No. 65 in W. B. Newcomb’s tion 183.021 of the Codified Ordi- feet front on the Westerly side of Subdivision of part of Original One nances of Cleveland, Ohio 1976, the East 86th Street, (formerly Beech- Hundred Acre Lot Nos. 407 and 408, Commissioner of Purchases and Sup- wood Street) and extending back of as shown by the recorded plat in plies is hereby authorized to sell equal width 94 feet deep, as appears Volume 18 of Maps, Page 2 of Cuya- Permanent Parcel No. 119-29-027 as by said plat, be the same more or hoga County Records and being a more fully described in Section 10 less, but subject to all legal high- parcel of land 34 feet front on the below, to Fairfax Renaissance ways. Westerly side of Alanson Street Development Corporation or its Section 15. That pursuant to Sec- (now known as East 85th Street) designee. tion 183.021 of the Codified Ordi- and extending back of equal width Section 10. That the real property nances of Cleveland, Ohio 1976, the 92-50/100 feet deep, as appears by to be sold pursuant to Section 9 of Commissioner of Purchases and Sup- said plat, be the same more or less, this Ordinance is more fully plies is hereby authorized to sell but subject to all legal highways. described as follows: Permanent Parcel No. 119-29-070 as Also subject to zoning ordinances, if any. more fully described in Section 16 P.P. No. 119-29-027 Section 21. That pursuant to Sec- below, to Fairfax Renaissance Situated in the City of Cleveland, tion 183.021 of the Codified Ordi- Development Corporation or its County of Cuyahoga and State of nances of Cleveland, Ohio 1976, the designee. Ohio, and known as being Sublot No. Commissioner of Purchases and Sup- 82 in A. J. Marsh Trustee Subdivi- Section 16. That the real property plies is hereby authorized to sell sion of part of Original One Hun- to be sold pursuant to Section 15 of Permanent Parcel No. 119-29-105 as dred Acre Lot No. 408 as shown by this Ordinance is more fully more fully described in Section 22 the recorded plat in Volume 18 of described as follows: below, to Fairfax Renaissance Maps, Page 26 of Cuyahoga County Development Corporation or its Records and being 35 feet front on P. P. No. 119-29-070 designee. the Westerly side of Beechwood Situated in the City of Cleveland, Section 22. That the real property Street, now known as East 86th County of Cuyahoga and State of to be sold pursuant to Section 21 of Street and extending back of equal Ohio, and known as being Sublot No. this Ordinance is more fully width 94 feet deep as appears by 78 in W. B. Newcomb’s Subdivision described as follows: said plat, be the same more or less, of part of Original One Hundred but subject to all legal highways. Acre Lot Nos. 407 and 408, as shown P. P. No. 119-29-105 Also subject to Zoning Ordi- by the recorded plat in Volume 18 Situated in the City of Cleveland, nances, if any. of Maps, Page 2 of Cuyahoga Coun- County of Cuyahoga and State of Section 11. That pursuant to Sec- ty Records, and being 45 feet front Ohio, and known as being the tion 183.021 of the Codified Ordi- on the Easterly side of East 85th Northerly 30 feet to Sublot No. 81 in nances of Cleveland, Ohio 1976, the Street (formerly Alanson Street) Bower and Brack’s Subdivision of Commissioner of Purchases and Sup- and extending back 91.14 feet on the part of Original One Hundred Acre 1198 June 19, 1996 The City Record 69

Lot No. 407, as shown by the record- Page 32 of Cuyahoga County 408, and bounded and described as ed plat in Volume 12 of Maps, Page Records, and being 40 feet front on follows: 32 of Cuyahoga County Records, and the Easterly side of East 84th Beginning in the center line of being 30 feet front on the Easterly Street, (formerly Bertram Street) East 87th Street (formerly Vienna side of East 84th Street (formerly and extending back 72.63 feet on the Street) at a point 323 feet Souther- Bertram Street), 72.76 feet deep on Southerly line, 72.62 feet on the ly (measured along said line) from the Northerly line about 72.76 feet Northerly line and having a rear a stone at its point of intersection deep on the Southerly line and 30 line of 40 feet, as appears by said with the Southerly line of Cedar feet wide in the rear, as appears by plat, be the same more or less, but Avenue, S.E., (formerly Cedar said plat, be the same more or less, subject to all legal highways. Avenue); thence Westerly along a but subject to all legal highways. Also subject to zoning ordinances, line at right angles with said cen- Section 23. That pursuant to Sec- if any. ter line of East 87th Street, 25 feet tion 183.021 of the Codified Ordi- Section 29. That pursuant to Sec- to the Westerly line of said East nances of Cleveland, Ohio 1976, the tion 183.021 of the Codified Ordi- 87th Street, and the principal place Commissioner of Purchases and Sup- nances of Cleveland, Ohio 1976, the of beginning of the premises herein plies is hereby authorized to sell Commissioner of Purchases and Sup- described; thence continuing West- Permanent Parcel No. 119-29-111 as plies is hereby authorized to sell erly along a line of right angles to more fully described in Section 24 Permanent Parcel No. 119-29-124 as said centerline of East 87th Street, more fully described in Section 30 below, to Fairfax Renaissance 149.35 feet; thence Southerly along a below, to Fairfax Renaissance line parallel to said center line of Development Corporation or its Development Corporation or its East 87th Street, 40 feet; thence designee. designee. Section 24. That the real property Section 30. That the real property Easterly along a line at right to be sold pursuant to Section 23 of to be sold pursuant to Section 29 of angles with said center line of East this Ordinance is more fully this Ordinance is more fully 87th Street, 149.35 feet to said West- described as follows: described as follows: erly line of East 87th Street; thence Northerly along said Westerly line P. P. No. 119-29-111 P. P. No. 119-29-124 of East 87th Street, 40 feet to the Situated in the City of Cleveland, Situated in the City of Cleveland, place of beginning, and being fur- County of Cuyahoga and State of County of Cuyahoga and State of ther known as Sublot No. 3 in Ohio, and known as being the Ohio, and known as being the Whitaker and Harbauth’s proposed Northerly 26 feet of Sublot No. 86 Northerly 35 feet of Sublot No. 99 Subdivision of part of Original One and the Southerly 7 feet of Sublot and the Southerly 5 feet to Sublot Hundred Acre Lot No. 408, be the No. 87, Bower and Brack’s Subdivi- No. 100 in Bower and Brack’s Sub- same more or less, but subject to all sion, Plat Book 12, Page 32 of Cuya- division of part of Original One legal highways. hoga County Records, 33 feet on the Hundred Acre Lot No. 407, as shown Section 35. That pursuant to Sec- Easterly side of East 84th Street, by the recorded plat in Volume 12 tion 183.021 of the Codified Ordi- extending back of equal width 72.72 of Maps, Page 32 of Cuyahoga Coun- nances of Cleveland, Ohio 1976, the feet, as appears by said plat, be the ty Records, and together forming a Commissioner of Purchases and Sup- same more or less, but subject to all parcel of land having a frontage of plies is hereby authorized to sell legal highways. 40 feet on the Easterly side of East Permanent Parcel No. 119-31-069 as Section 25. That pursuant to Sec- 84th Street and extending back of more fully described in Section 36 tion 183.021 of the Codified Ordi- equal width 72.60 feet, as appears below, to Fairfax Renaissance nances of Cleveland, Ohio 1976, the by said plat, be the same more or Development Corporation or its Commissioner of Purchases and Sup- less, but subject to all legal high- designee. plies is hereby authorized to sell ways. Section 36. That the real property Permanent Parcel No. 119-29-120 as Section 31. That pursuant to Sec- to be sold pursuant to Section 35 of more fully described in Section 26 tion 183.021 of the Codified Ordi- this Ordinance is more fully below, to Fairfax Renaissance nances of Cleveland, Ohio 1976, the described as follows: Development Corporation or its Commissioner of Purchases and Sup- designee. plies is hereby authorized to sell P. P. No. 119-31-069 Section 26. That the real property Permanent Parcel No. 119-30-099 as Situated in the City of Cleveland, to be sold pursuant to Section 25 of more fully described in Section 32 County of Cuyahoga and State of this Ordinance is more fully below, to Fairfax Renaissance Ohio, and known as being fully described as follows: Development Corporation or its described as follows: designee. Beginning in the Westerly line of P. P. No. 119-29-120 Section 32. That the real property East 87th Street (formerly Vienna Situated in the City of Cleveland, to be sold pursuant to Section 31 of Street) (50 feet wide) at the County of Cuyahoga and State of this Ordinance is more fully Northerly corner of parcel of land Ohio, and known as being Sublot No. described as follows: conveyed to Kittie C. Langton by 95 in Bower and Brack’s Subdivision deed dated March 27, 1905 and of part of Original One Hundred P. P. No. 119-30-099 recorded in Volume 966, Page 324 of Acre Lot No. 407, as shown by the Situated in the City of Cleveland, Cuyahoga County Records, thence recorded plat in Volume 12 of Maps, County of Cuyahoga and State of Northerly along said Westerly line Page 32 of Cuyahoga County Ohio, and known as being Sublot No. 39 feet 8 inches to the Southerly cor- Records and being 40 feet front on 34 in W. B. Newcombs Subdivision ner of a parcel of land conveyed to the Easterly side of East 84th Street of part of Original One Hundred A. Klotzbach and Hattie Klotzbach (formerly Bertram Street) and Acre Lot Nos. 407 and 408, as shown by deed dated March 15, 1905 and extending back 72.64 feet on the by the recorded plat in Volume 15 recorded in Volume 967, Page 69 of Northerly line, 72.65 feet on the of Maps, Page 17 of Cuyahoga Coun- Cuyahoga County Records; thence Southerly line and having a rear ty Records and being 40 feet front Westerly along the Southerly line of on the Westerly side of East 85th line of 40 feet, as appears by said said parcel so conveyed to A. plat, be the same more or less, but Street (formerly Alanson Street), and extending back of equal width Klotzbach and Hattie Klotzbach, subject to all legal highways. 149.35 feet to the Easterly line of A. Section 27. That pursuant to Sec- 93.50 feet, as appears by said plat, J. Marsh Trustee’s Subdivision of tion 183.021 of the Codified Ordi- be the same more or less, but sub- nances of Cleveland, Ohio 1976, the ject to all legal highways. part of Original One Hundred Acre Commissioner of Purchases and Sup- Section 33. That pursuant to Sec- Lot No. 408, as shown by the record- plies is hereby authorized to sell tion 183.021 of the Codified Ordi- ed plat in Volume 18 of Maps, Page Permanent Parcel No. 119-29-122 as nances of Cleveland, Ohio 1976, the 26 of Cuyahoga County Records; more fully described in Section 28 Commissioner of Purchases and thence Southerly along said Easter- below, to Fairfax Renaissance Supplies is hereby authorized to sell ly line 39 feet 8 inches to the Development Corporation or its Permanent Parcel No. 119-31-057 as Northerly corner of parcel of land designee. more fully described in Section 34 conveyed to Kittie C. Langton as Section 28. That the real property below, to Fairfax Renaissance aforesaid; thence Easterly along the to be sold pursuant to Section 27 of Development Corporation or its Northerly line of said parcel so con- this Ordinance is more fully designee. veyed to Kittie C. Langton 149.35 described as follows: Section 34. That the real property feet to the place of beginning and to be sold pursuant to Section 33 of being further known as the Souther- P. P. No. 119-29-122 this Ordinance is more fully ly 39 feet 8 inches of Sublot No. 15 Situated in the City of Cleveland, described as follows: in Whitaker and Harbaugh’s pro- County of Cuyahoga and State of posed Subdivision of part of Origi- Ohio, and known as being Sublot No. P. P. No. 119-31-057 nal One Hundred Acre Lot No. 408, 97 in Bower and Brock’s Subdivision Situated in the City of Cleveland, be the same more or less, but sub- of part of Original One Hundred County of Cuyahoga and State of ject to all legal highways. Acre Lot No. 407 as shown by the Ohio, and known as being part of Section 37. That pursuant to Sec- recorded plat in Volume 12 of Maps, Original One Hundred Acre Lot No. tion 183.021 of the Codified Ordi- 1199 70 The City Record June 19, 1996 nances of Cleveland, Ohio 1976, the deed dated January 2, 1906 and right angles with East 87th Street Commissioner of Purchases and Sup- recorded in Volume 1006, Page 428 (formerly Vienna Street) about 165 plies is hereby authorized to sell of Cuyahoga County Records; feet to the East line of said 87th Permanent Parcel No. 119-31-032 as thence Westerly along the Norther- Street; thence South along the East more fully described in Section 38 ly line of said Call’s land, 165 feet line of said East 87th Street, 60 feet; below, to Fairfax Renaissance to the Easterly line of East 87th thence East at right angles with Development Corporation or its Street; thence Northerly along the East 87th Street about 165 feet to designee. Easterly line of East 87th Street, 40 the place of beginning, and being Section 38. That the real property feet to the place of beginning, as further known as Sublot No. 3 of to be sold pursuant to Section 37 of appears by said plat, but subject to Eliza Richardson’s proposed allot- this Ordinance is more fully all legal highways. ment of part of Original One Hun- described as follows: Section 41. That pursuant to Sec- dred Acre Lot No. 408, be the same tion 183.021 of the Codified Ordi- more or less, but subject to all legal P. P. No. 119-31-032 nances of Cleveland, Ohio 1976, the highways. Situated in the City of Cleveland, Commissioner of Purchases and Sup- Section 45. That pursuant to Sec- County of Cuyahoga and State of plies is hereby authorized to sell tion 183.021 of the Codified Ordi- Ohio, and known as being bounded Permanent Parcel No. 119-31-045 as nances of Cleveland, Ohio 1976, the and described as follows: more fully described in Section 42 Commissioner of Purchases and Sup- Beginning in the Easterly line of below, to Fairfax Renaissance plies is hereby authorized to sell East 87th Street (formerly Vienna Development Corporation or its Permanent Parcel No. 119-31-080 as Street) at the Southwesterly corner designee. more fully described in Section 46 of land conveyed by F. D. and Vin- Section 42. That the real property below, to Fairfax Renaissance nie V. Stevenson to Elizabeth L. to be sold pursuant to Section 41 of Development Corporation or its Call, by deed dated March 14, 1910 this Ordinance is more fully designee. and recorded in Volume 1266, Page described as follows: 622 of Cuyahoga County Records; Section 46. That the real property thence Easterly along the Southerly P. P. No. 119-31-045 to be sold pursuant to Section 45 of line of land conveyed to Elizabeth Situated in the City of Cleveland, this Ordinance is more fully L. Call, as aforesaid, a distance of County of Cuyahoga and State of described as follows: 165 feet to the Northwesterly corner Ohio, and known as being part of of Sublot No. 20 in Henry and Original One Hundred Acre Lot No. P. P. No. 119-31-080 Howard White’s Allotment of a part 408, and bounded and described as Situated in the City of Cleveland, of said Original Lot No. 408, as follows: County of Cuyahoga and State of recorded in Volume 11 of Maps, Beginning on the Easterly line of Ohio, and known as being Sublot No. Page 40 of Cuyahoga County East 87th Street (formerly Vienna 31 in A. J. Marsh Trustee’s Subdivi- Records; thence Southerly along the Street), at Southwesterly corner of sion of part of Original One Hun- Westerly line of said Sublot No. 20, land conveyed to Louise G. Lyman dred Acre Lot No. 408, as shown by a distance of 40 feet to the North- by deed dated October 15, 1907, and the recorded plat in Volume 18 of easterly corner of land conveyed by recorded in Volume 1136, Page 235 Maps, Page 26 of Cuyahoga County Harriet J. and John J. Kirkwood to of Cuyahoga County Records; Records, and being 33 feet front on Ford P. Beers, by deed dated March thence Southerly along the said the Easterly side of East 86th Street 27, 1894 and recorded in Volume 575, Easterly line of East 87th Street, 40 (formerly Beechwood Street), and Page 51 of Cuyahoga County feet to the Northwesterly corner of extending back of equal width 93.34 Records, thence Westerly along the land conveyed to Anna Carroll by feet, as appears by said plat, be the Northerly line of land conveyed to deed dated June 27, 1913 and record- same more or less, but subject to all Beers, as aforesaid; a distance of ed in Volume 1473, Page 161 of legal highways. 165 feet to the Easterly line of East Cuyahoga County Records; thence Also subject to zoning ordinances, 87th Street; thence Northerly along Easterly along the Northerly line of if any. the Easterly line of East 87th Street land so conveyed to Anna Carroll, Section 47. That pursuant to Sec- 40 feet to the place of beginning, be about 165 feet to the Westerly line tion 183.021 of the Codified Ordi- the same more or less, but subject of White and White’s Subdivision, nances of Cleveland, Ohio 1976, the to all legal highways. as shown by the recorded plat in Commissioner of Purchases and Sup- Section 39. That pursuant to Sec- Volume 11 of Maps, Page 40 of plies is hereby authorized to sell tion 183.021 of the Codified Ordi- Cuyahoga County Records; thence Permanent Parcel No. 119-31-089 nances of Cleveland, Ohio 1976, the Northerly along the said Westerly more fully described in Section 48 Commissioner of Purchases and line of White’s Subdivision, 40 feet below, to Fairfax Renaissance Supplies is hereby authorized to sell to the Southerly line of land con- Development Corporation or its Permanent Parcel No. 119-31-033 as veyed to Louise G. Lyman, as afore- designee. more fully described in Section 40 said; thence Westerly along the Section 48. That the real property below, to Fairfax Renaissance Southerly line of land so conveyed to be sold pursuant to Section 47 of Development Corporation or its to Louise G. Lyman, about 165 feet this Ordinance is more fully designee. to the place of beginning, be the described as follows: Section 40. That the real property same more or less, but subject to all legal highways. to be sold pursuant to Section 39 of P. P. No. 119-31-089 Section 43. That pursuant to Sec- this Ordinance is more fully Situated in the City of Cleveland, tion 183.021 of the Codified Ordi- described as follows: County of Cuyahoga and State of nances of Cleveland, Ohio 1976, the Ohio, and known as being the P. P. No. 119-31-033 Commissioner of Purchases and Sup- Situated in the City of Cleveland, plies is hereby authorized to sell Southerly 32 feet of Sublot No. 23 County of Cuyahoga and State of Permanent Parcel No. 119-31-048 as and the Northerly 1 foot of Sublot Ohio, and known as being part of more fully described in Section 44 No. 24 in A. J. Marsh Trustee’s Sub- Original One Hundred Acre Lot No. below, to Fairfax Renaissance division of part of Original One 408 and bounded and described as Development Corporation or its Hundred Acre Lot No. 408, as shown follows: designee. by the recorded plat in Volume 18 Beginning in the Easterly line of Section 44. That the real property of Maps, Page 26 of Cuyahoga Coun- East 87th Street (formerly Vienna to be sold pursuant to Section 43 of ty Records, and together forming a Street) at the Southwesterly corner this Ordinance is more fully parcel of land 33 feet front on the of land conveyed by George W. described as follows: Easterly side of East 86th Street Richardson and wife to Ella M. (formerly Beechwood Street), 93- Stranahan by deed dated November P. P. No. 119-31-048 38/100 feet deep on the Northerly 8, 1883, and recorded in Volume 358, Situated in the City of Cleveland, line, 93-37/100 feet deep on the Page 211 of Cuyahoga County County of Cuyahoga and State of Southerly line and 33 feet in the Records; thence Easterly along the Ohio, and known as being part of rear, as appears by said plat, be the Southerly line of said Stranahan’s Original One Hundred Acre Lot No. same more or less, but subject to all land, 165 feet to the Northwesterly 408 bounded and described as fol- legal highways. corner of Sublot No. 19 in Henry and lows: Also subject to zoning ordinances, Howard White’s Allotment of a part Beginning 9-3/4 feet North from if any. of said Original Lot No. 408 as the Southwest corner of Sublot No. Section 49. That pursuant to Sec- recorded in Volume 11 of Maps, 5 of Henry and Howard White’s tion 183.021 of the Codified Ordi- Page 40 of Cuyahoga County Allotment of part of Original One nances of Cleveland, Ohio 1976, the Records; thence Southerly along the Hundred Acre Lot No. 408, as record- Commissioner of Purchases and Sup- Westerly line of said Sublot No. 19, ed in Volume 11 of Maps, Page 40 plies is hereby authorized to sell 40 feet to the Northeasterly corner of Cuyahoga County Records; Permanent Parcel No. 119-31-099 as of land conveyed by Lena B. Champ thence North along said White’s more fully described in Section 50 and husband to Elizabeth L. Call, by West line 60 feet; thence West at below, to Fairfax Renaissance 1200 June 19, 1996 The City Record 71

Development Corporation or its Cuyahoga County Records, and 40 feet; thence Easterly at right designee. bounded and described as follows: angles to the Easterly line of East Section 50. That the real property Beginning on the Easterly line of 87th Street, 165 feet to the place of to be sold pursuant to Section 49 of East 86th Street (formerly Beech- beginning, as appears by said plat, this Ordinance is more fully wood Street) at a point 5 feet be the same more or less, but sub- described as follows: Northerly from the Southwesterly ject to all legal highways. corner of said Sublot No. 7; thence Also subject to zoning ordinances, P. P. No. 119-31-099 Northerly along the Easterly line of if any. Situated in the City of Cleveland, East 86th Street, 35 feet to the Section 59. That pursuant to Sec- County of Cuyahoga and State of Northwesterly corner of said Sublot; tion 183.021 of the Codified Ordi- Ohio, and known as being the mid- thence Easterly along the Northerly nances of Cleveland, Ohio 1976, the dle part of Sublot No. 13 in A. J. line of said Sublot 90.48 feet; thence Commissioner of Purchases and Sup- Marsh Trustee’s Subdivision of part Southerly along the Easterly line of of Original One Hundred Acre Lot said Sublot 16.7 feet; thence Easter- plies is hereby authorized to sell No. 408, as shown by the recorded ly, along the Northerly line of said Permanent Parcel No. 119-32-151 as plat in Volume 18 of Maps, Page 26 Sublot, 3 feet; thence Southerly more fully described in Section 60 of Cuyahoga County Records. along the Easterly line of said Sub- below, to Fairfax Renaissance Said part of Sublot No. 13 is lot 18.3 feet to the point 5 feet Development Corporation or its bounded East and West by the Northerly from the Southeasterly designee. respective lines of said Sublot; corner of said Sublot; thence West- Section 60. That the real property Northerly by a line drawn parallel erly parallel with Southerly line of to be sold pursuant to Section 59 of with the Northerly line of said Sub- said Sublot, about 93.47 feet to the this Ordinance is more fully lot and 1 foot distant Southerly place of beginning as appears by described as follows: therefrom by rectangular measure- said plat. ments; Southerly by a line drawn Also subject to zoning ordinances, P. P. No. 119-32-151 parallel with the Southerly line and if any. Situated in the City of Cleveland, 1 foot distant therefrom. Said parcel Section 55. That pursuant to Sec- County of Cuyahoga and State of is 33 feet on the Easterly line of tion 183.021 of the Codified Ordi- Ohio, and known as being Sublot No. East 86th Street (formerly Beech- nances of Cleveland, Ohio 1976, the 68 in W. H. Cleminshaw’s Allotment wood Street) and extends back Commissioner of Purchases and Sup- of part of Original One Hundred therefrom between parallel lines plies is hereby authorized to sell Acre Lot No. 408, as shown by the about 93-44/100 feet, be the same Permanent Parcel No. 119-31-107 as more or less, but subject to all legal recorded plat in Volume 18 of Maps, more fully described in Section 56 Page 18 of Cuyahoga County highways. below, to Fairfax Renaissance Records and being 35 feet front on Section 51. That pursuant to Sec- Development Corporation or its tion 183.021 of the Codified Ordi- designee. the Westerly side of East 87th nances of Cleveland, Ohio 1976, the Section 56. That the real property Street (formerly Shelburne Street) Commissioner of Purchases and Sup- to be sold pursuant to Section 55 of and extending back of equal width plies is hereby authorized to sell this Ordinance is more fully 90 feet deep, as appears by said Permanent Parcel No. 119-31-102 as described as follows: plat, be the same more or less, but more fully described in Section 52 subject to all legal highways. below, to Fairfax Renaissance P. P. No. 119-31-107 Also subject to zoning ordinances, Development Corporation or its Situated in the City of Cleveland, if any. designee. County of Cuyahoga and State of Section 61. That pursuant to Sec- Section 52. That the real property Ohio, and known as being the tion 183.021 of the Codified Ordi- to be sold pursuant to Section 51 of Southerly 33 feet of Sublot No. 6 in nances of Cleveland, Ohio 1976, the this Ordinance is more fully A. J. Marsh Trustee’s Subdivision of Commissioner of Purchases and Sup- described as follows: part of Original One Hundred Acre plies is hereby authorized to sell Lot No. 408, said part of said Sublot Permanent Parcel No. 119-32-172 as P. P. No. 119-31-102 No. 6 has a frontage of 33 feet on more fully described in Section 62 Situated in the City of Cleveland, the Easterly side of East 86th Street below, to Fairfax Renaissance County of Cuyahoga and State of (formerly Beechwood Street) and Ohio, and known as being the Development Corporation or its extends back of equal width 90.48 designee. Southerly 25 feet front and rear of feet deep as per plat of said Allot- Sublot No. 10 and the Northerly 5 Section 62. That the real property ment recorded in Volume 18 of to be sold pursuant to Section 61 of feet front and rear of Sublot No. 11 Maps, Page 26 of Cuyahoga County in A. J. Marsh Trustee’s Subdivision Records, be the same more or less, this Ordinance is more fully of part of Original One Hundred but subject to all legal highways. described as follows: Acre Lot No. 408, as shown by the Section 57. That pursuant to Sec- recorded plat in Volume 18 of Maps, tion 183.021 of the Codified Ordi- P. P. No. 119-32-172 Page 26 of Cuyahoga County nances of Cleveland, Ohio 1976, the Situated in the City of Cleveland, Records, together forming a parcel Commissioner of Purchases and Sup- County of Cuyahoga and State of of land 30 feet front on the Easter- plies is hereby authorized to sell Ohio, and known as being part of ly side of East 86th Street (former- Permanent Parcel No. 119-32-116 as Sublot Nos. 98 and 99 in W. H. ly Beechwood Street) and extending more fully described in Section 58 Cleminshaw’s Subdivision of part of back about 93-46/100 feet on the below, to Fairfax Renaissance Original One Hundred Acre Lot No. Northerly line, about 93-45/100 feet Development Corporation or its 408, as shown by the recorded plat on the Southerly line and having a designee. in Volume 18 of Maps, Page 18 of rear line of 30 feet as appears by Section 58. That the real property Cuyahoga County Records and said plat, be the same more or less, to be sold pursuant to Section 57 of together forming a parcel of land but subject to all legal highways. this Ordinance is more fully bounded and described as follows: Section 53. That pursuant to Sec- described as follows: tion 183.021 of the Codified Ordi- Beginning in the Easterly line of East 86th Street (formerly Beech- nances of Cleveland, Ohio 1976, the P. P. No. 119-32-116 wood Street) at a point distant Commissioner of Purchases and Sup- Situated in the City of Cleveland, plies is hereby authorized to sell County of Cuyahoga and State of Northerly (measured along said Permanent Parcel No. 119-31-106 as Ohio, and known as being part of Easterly line of East 86th Street), more fully described in Section 54 Original One Hundred Acre Lot No. 73-1/2 feet from its intersection with below, to Fairfax Renaissance 408, bounded and described as fol- the Northerly line of Quincy Avenue Development Corporation or its lows: S.E., (formerly Quincy Street) 60 designee. Beginning at the Southwesterly feet wide; thence Northerly along Section 54. That the real property corner of Sublot No. 29 in Henry W. said Easterly line of East 86th to be sold pursuant to Section 53 of and Howard White’s Allotment as Street 26-1/2 feet to the Northwest- this Ordinance is more fully recorded in Volume 11 of Maps, erly corner of said Sublot No. 99; described as follows: Page 40 of Cuyahoga County thence Easterly along the Northerly line of said Sublot Nos. 99 and 98, P. P. No. 119-31-106 Records, thence Northerly along the Situated in the City of Cleveland, Westerly line of said Sublot No. 29, 43 feet to a point distant Easterly County of Cuyahoga and State of 40 feet to the Northwesterly corner (measured along said Northerly line Ohio, and known as being part of thereof; thence Westerly at right of Sublot No. 98) 1 foot from the Sublot No. 7 in the A. J. Marsh angles to the Easterly line of East Northwesterly corner of said Sublot Trustee’s Subdivision of part of 87th Street (formerly Vienna Street) No. 98; thence Southerly along the Original One Hundred Acre Lot No. 165 feet to the Easterly line of East line parallel with the Westerly line 408, as shown by the recorded plat 87th Street; thence Southerly along of said Sublot No. 98, 26-1/2 feet; in Volume 18 Maps, Page 26 of the Easterly line of East 87th Street, thence Westerly along a line paral- 1201 72 The City Record June 19, 1996 lel with the Northerly line of said Development Corporation or its with Malinda Rivers, or her Quincy Avenue, S.E., 43 feet to the designee. designee, to provide economic devel- principal place of beginning, as Section 68. That the real property opment assistance to partially appears by said plat. to be sold pursuant to Section 67 of finance the acquisition of two build- Also subject to zoning ordinances, this Ordinance is more fully ings, machinery and equipment at if any. described as follows: 12333-12335 St. Clair Avenue, Cleve- Section 63. That pursuant to Sec- land, Ohio. tion 183.021 of the Codified Ordi- P. P. No. 126-07-005 Whereas, this ordinance consti- nances of Cleveland, Ohio 1976, the Situated in the City of Cleveland, tutes an emergency measure pro- County of Cuyahoga and State of Commissioner of Purchases and Sup- viding for the usual daily operation Ohio, and known as being part of of a municipal department; now, plies is hereby authorized to sell Sublot No. 1 in William Given’s Re- Permanent Parcel No. 119-33-091 as therefore, Subdivision of part of Original One Be it ordained by the Council of more fully described in Section 64 Hundred Acre Lot No. 416, as shown below, to Fairfax Renaissance the City of Cleveland: by the recorded plat in Volume 4 of Section 1. That the Director of Development Corporation or its Maps, Page 59 of Cuyahoga County Economic Development is hereby designee. Records and bounded and described authorized to enter into a contract Section 64. That the real property as follows: with Malinda Rivers, or her to be sold pursuant to Section 63 of Beginning on the Easterly line of designee, to provide economic devel- this Ordinance is more fully East 89th Street at a point 144 feet opment assistance to partially described as follows: Southerly (measured along said finance the acquisition of two build- Easterly line) from its point of ings, machinery and equipment at P. P. No. 119-33-091 intersection with the Southerly line 12333-12335 St. Clair Avenue, Cleve- Situated in the City of Cleveland, of Quincy Avenue, S.E.; thence land, Ohio. County of Cuyahoga and State of Southerly along the Easterly line of Section 2. That the term of said Ohio, and known as being of part of East 89th Street, 48 feet; thence loan shall be in accordance with the Original One Hundred Acre Lot No. Easterly, on a line parallel with said Southerly line of Quincy terms as set forth in the Executive 408, and bounded and described as Summary contained in File No. 527- follow: Avenue, S.E., 130 feet to the West- erly line of land conveyed to the 96-A. Beginning on the Easterly line of Section 3. That the costs of said East 89th Street at the Southwest- City of Cleveland by deed dated July 21, 1890 and recorded in Vol- contract shall not exceed Eighty erly corner of Sublot No. 15 in the ume 477, Page 185 of Cuyahoga Thousand Dollars ($80,000.00), and T. S. Knight and George W. Pack, County Records; thence Northerly shall be paid from Fund No. 17 SF Executor’s Subdivision, as shown by along said Westerly line of land so 003, Request No. 22422. the recorded plat in Volume 14 of conveyed to the City of Cleveland 48 Section 4. That the Director of Maps, Page 29 of Cuyahoga County feet; thence Westerly on a line par- Economic Development is hereby Records; thence Easterly along the allel with said Southerly line of authorized and directed to accept Southerly line of said Sublot No. 15, Quincy Avenue S.E., 130 feet to the the collateral as set forth in the 226.20 feet to the Westerly line of place of beginning, be the same Executive Summary contained in Dolman Subdivision, as shown by more or less, but subject to all legal the file referenced in Section 2 of the recorded plat in Volume 12, highways. this ordinance in order to secure Page 28 of Cuyahoga County Subject to Zoning Ordinances, if repayment of said loan. Any securi- Records; thence Southerly along the any. ty instrument shall be prepared and Westerly line of said Dolman’s Sub- Section 69. That all documents approved by the Director of Law. division 50 feet to the Northeasterly necessary to complete the con- Section 5. That the Director of corner of land conveyed to John J. veyance authorized by this ordi- Economic Development is hereby Grant by deed dated April 17, 1897, nance shall be executed within six authorized to accept monies in and recorded in Volume 659, Page (6) months of the effective date of repayment of the loan and to 517 of Cuyahoga County Records; this ordinance. If all of the docu- deposit said monies in Fund No. 17 thence Westerly along the Norther- ments are not executed within six SF 005. ly line of land conveyed, 224.76 feet (6) months of the effective date of Section 6. That the Director of to the Easterly line of East 89th this ordinance, or such additional Economic Development is hereby Street; thence Northerly, along the time as may be granted by the authorized to charge and accept Director of Community Develop- Easterly line of said East 89th fees in an amount not to exceed the ment, this ordinance shall be maximum allowable under federal Street, 50 feet to the place of begin- repealed and shall be of no further ning, be the same more or less, but regulations and expend such fees to force or effect. cover costs incurred in the prepara- subject to all legal highways. Section 70. That the consideration Section 65. That pursuant to Sec- tion of the loan application, closing for the subject parcel shall be estab- and servicing of the loan. Such fees tion 183.021 of the Codified Ordi- lished by the Board of Control and nances of Cleveland, Ohio 1976, the shall be deposited to and expended shall be not less than Fair Market from Fund No. 17 SF 305, Loan Fees Commissioner of Purchases and Sup- Value taking into account such plies is hereby authorized to sell Fund. terms and conditions, restrictions Section 7. That the Director of Permanent Parcel No. 126-05-109 as and covenants as are deemed nec- more fully described in Section 66 Law is hereby authorized to prepare essary or appropriate. said contract and such other docu- below, to Fairfax Renaissance Section 71. That the conveyance Development Corporation or its ments as may be appropriate to authorized hereby shall be made by complete the transaction. designee. official deed prepared by the Direc- Section 8. That this ordinance is Section 66. That the real property tor of Law and executed by the to be sold pursuant to Section 65 of Mayor on behalf of the City of hereby declared to be an emergency this Ordinance is more fully Cleveland. The deed shall contain measure and, provided it receives described as follows: such provisions as may be neces- the affirmative vote of two-thirds of sary to protect and benefit the pub- all the members elected to Council, P. P. No. 126-05-109 lic interest. it shall take effect and be in force Situated in the City of Cleveland, Section 72. That this ordinance is immediately upon its passage and County of Cuyahoga and State of hereby declared to be an emergency approval by the Mayor; otherwise it Ohio, and known as being Sublot No. measure and, provided it receives shall take effect and be in force 30 in Severin Subdivision of part of the affirmative vote of two-thirds of from and after the earliest period Original One Hundred Acre Lot No. all the members elected to Council, allowed by law. 416, as shown by the recorded plat it shall take effect and be in force Passed June 10, 1996. in Volume 4 of Maps, Page 39 of immediately upon its passage and Effective June 19, 1996. Cuyahoga County Records, and approval by the Mayor; otherwise it being 40 feet front on the Northerly shall take effect and be in force side of Folsom Avenue, S.E., and from and after the earliest period Ord. No. 536-96. extending back between parallel allowed by law. By Councilmen Jackson, Rybka lines 149.17 feet deep, as appears by Passed June 10, 1996. and Rokakis (by departmental said plat, be the same more or less, Effective June 12, 1996. request). but subject to all legal highways. An emergency ordinance autho- Section 67. That pursuant to Sec- rizing the sale of real property as tion 183.021 of the Codified Ordi- Ord. No. 527-96. part of the Land Reutilization Pro- nances of Cleveland, Ohio 1976, the By Councilmen Coats, Jackson, gram and located at 2329 East 37th Commissioner of Purchases and Sup- Rybka and Rokakis (by departmen- Street to Central Nehemiah Devel- plies is hereby authorized to sell tal request). opment Partnership. Permanent Parcel No. 126-07-005 as An emergency ordinance autho- Whereas, the City of Cleveland more fully described in Section 68 rizing the Director of Economic has elected to adopt and implement below, to Fairfax Renaissance Development to enter into a contract the procedures under Chapter 5722 1202 June 19, 1996 The City Record 73 of the Ohio Revised Code to facili- Ord. No. 537-96. hereby declared to be an emergency tate reutilization of nonproductive By Councilmen Jackson, Rybka measure and, provided it receives lands situated within the City of and Rokakis (by departmental the affirmative vote of two-thirds of Cleveland; and request). all the members elected to Council, Whereas, real property acquired An emergency ordinance autho- it shall take effect and be in force under the City’s Land Reutilization rizing the sale of real property as immediately upon its passage and Program is acquired, held, adminis- part of the Land Reutilization Pro- approval by the Mayor; otherwise it tered and disposed of by the City of gram and located at 2215 East 36 shall take effect and be in force Cleveland through its Department Street to Greater Cleveland Habitat from and after the earliest period of Community Development under for Humanity, Incorporated. allowed by law. the terms of Chapter 5722 of the Whereas, the City of Cleveland Passed June 10, 1996. Ohio Revised Code and Section has elected to adopt and implement Effective June 19, 1996. 183.021 of Codified Ordinances of the the procedures under Chapter 5722 City of Cleveland, 1976; and of the Ohio Revised Code to facili- Whereas, this ordinance consti- tate reutilization of nonproductive Ord. No. 538-96. tutes an emergency measure pro- lands situated within the City of By Councilmen Jackson, Rybka viding for the usual daily operation Cleveland; and and Rokakis (by departmental of a municipal department; now, Whereas, real property acquired request). therefore, under the City’s Land Reutilization An emergency ordinance autho- Be it ordained by the Council of Program is acquired, held, adminis- rizing the Director of Economic the City of Cleveland: tered and disposed of by the City of Development to enter into a contract Section 1. That pursuant to Sec- Cleveland through its Department with Jurist & Bock Properties, or its tion 183.021 of the Codified Ordi- of Community Development under designee, to provide economic devel- nances of Cleveland, Ohio, 1976, the the terms of Chapter 5722 of the opment assistance to partially Commissioner of Purchases and Sup- Ohio Revised Code and Section finance the acquisition of property plies is hereby authorized to sell 183.021 of Codified Ordinances of the at 3700 Prospect Avenue, Cleveland, Permanent Parcel No. 103-30-120, as City of Cleveland, 1976; and Ohio. more fully described in Section 2 Whereas, this ordinance consti- Whereas, this ordinance consti- below, to Central Nehemiah Devel- tutes an emergency measure pro- tutes an emergency measure pro- opment Partnership. viding for the usual daily operation viding for the usual daily operation Section 2. That the real property of a municipal department; now, of a municipal department; now, to be sold pursuant to Section 1 of therefore, therefore, this ordinance is more fully Be it ordained by the Council of Be it ordained by the Council of described as follows: the City of Cleveland: the City of Cleveland: Section 1. That pursuant to Sec- Section 1. That the Director of P.P. No. 103-30-120 tion 183.021 of the Codified Ordi- Economic Development is hereby Situated in the City of Cleveland, nances of Cleveland, Ohio, 1976, the authorized to enter into a contract County of Cuyahoga and State of Commissioner of Purchases and Sup- with Jurist & Bock Properties, or its Ohio, and known as being Sublot plies is hereby authorized to sell designee, to provide economic devel- Nos. 34, 35 and the Southerly one- Permanent Parcel No. 103-22-052, as opment assistance to partially half of Sublot No. 36 in Stedman and more fully described in Section 2 finance the acquisition of property Barker’s Allotment of part of Origi- below, to Greater Cleveland Habitat at 3700 Prospect Avenue, Cleveland, nal Ten Acre Lot Nos. 42 and 43, as for Humanity, Incorporated. Ohio. shown by the recorded plat in Vol- Section 2. That the real property Section 2. That the term of said ume 2 of Maps, Page 5 of Cuyahoga to be sold pursuant to Section 1 of loan shall be in accordance with the County Records, and together form- this ordinance is more fully terms as set forth in the Executive ing a parcel of land 125 feet front described as follows: Summary contained in File No. 538- on the Easterly side of East 37th 96-A. Street (formerly Forest Street) and P.P. No. 103-22-052 Section 3. That the costs of said extending back of equal width 226 Situated in the City of Cleveland, contract shall not exceed Ninety feet, 3 inches, as appears by said County of Cuyahoga and State of Four Thousand Four Hundred Dol- plat, be the same more or less, but Ohio, and known as being Sublot No. lars ($94,400), and shall be paid subject to all legal highways. 80 in H.P. Weddell’s Subdivision of from Fund No. 18 SF 001, Request Section 3. That all documents nec- part of Original Ten Acre Lot Nos. No. 22255. essary to complete the conveyance 64, 65 and 66 as shown by the authorized by this ordinance shall Section 4. That the Director of recorded plat in Volume 2, Page 30 be executed within six (6) months Economic Development is hereby of Cuyahoga County Records and of the effective date of this ordi- authorized and directed to accept being 40 feet front on the Easterly nance. If all of the documents are the collateral as set forth in the not executed within six (6) months side of East 36th Street, (formerly Executive Summary contained in of the effective date of this ordi- Hayward Street), and extending the file referenced in Section 2 of nance, or such additional time as back of equal width 120 feet, as this ordinance in order to secure may be granted by the Director of appears by said plat, be the same repayment of said loan. Any securi- Community Development, this ordi- more or less, but subject to all legal ty instrument shall be prepared and nance shall be repealed and shall be highways. approved by the Director of Law. of no further force or effect. Section 3. That all documents nec- Section 5. That the Director of Section 4. That the consideration essary to complete the conveyance Economic Development is hereby for the subject parcel shall be estab- authorized by this ordinance shall authorized to accept monies in lished by the Board of Control and be executed within six (6) months repayment of the loan and to shall be not less than Fair Market of the effective date of this ordi- deposit said monies in Fund No. 18 Value taking into account such nance. If all of the documents are SF 002. terms and conditions, restrictions not executed within six (6) months Section 6. That the Director of and covenants as are deemed nec- of the effective date of this ordi- Economic Development is hereby essary or appropriate. nance, or such additional time as authorized to charge and accept Section 5. That the conveyance may be granted by the Director of fees in an amount not to exceed the authorized hereby shall be made by Community Development, this ordi- maximum allowable under federal official deed prepared by the Direc- nance shall be repealed and shall be regulations and expend such fees to tor of Law and executed by the of no further force or effect. cover costs incurred in the prepara- Mayor on behalf of the City of Section 4. That the consideration tion of the loan application, clos- Cleveland. The deed shall contain for the subject parcel shall be estab- ing and servicing of the loan. Such such provisions as may be neces- lished by the Board of Control and fees shall be deposited to and sary to protect and benefit the pub- shall be not less than Fair Market expended from Fund No. 18 SF 004, lic interest. Value taking into account such Loan Fees Fund. Section 6. That this ordinance is terms and conditions, restrictions Section 7. That the Director of hereby declared to be an emergency and covenants as are deemed nec- Law is hereby authorized to prepare measure and, provided it receives essary or appropriate. said contract and such other docu- the affirmative vote of two-thirds of Section 5. That the conveyance ments as may be appropriate to all the members elected to Council, authorized hereby shall be made by complete the transaction. it shall take effect and be in force official deed prepared by the Direc- Section 8. That this ordinance is immediately upon its passage and tor of Law and executed by the hereby declared to be an emergency approval by the Mayor; otherwise it Mayor on behalf of the City of measure and, provided it receives shall take effect and be in force Cleveland. The deed shall contain the affirmative vote of two-thirds of from and after the earliest period such provisions as may be neces- all the members elected to Council, allowed by law. sary to protect and benefit the pub- it shall take effect and be in force Passed June 10, 1996. lic interest. immediately upon its passage and Effective June 19, 1996. Section 6. That this ordinance is approval by the Mayor; otherwise it 1203 74 The City Record June 19, 1996 shall take effect and be in force Section 3. That the costs of said Executive Summary contained in from and after the earliest period contract shall not exceed Ninety- the file referenced in Section 2 of allowed by law. Five Thousand Dollars ($95,000.00), this ordinance in order to secure Passed June 10, 1996. and shall be paid from Fund No. 17 repayment of said loan. Any securi- Effective June 19, 1996. SF 003, Request No. 22419. ty instrument shall be prepared and Section 4. That the Director of approved by the Director of Law. Economic Development is hereby Section 5. That the Director of Ord. No. 539-96. authorized and directed to accept Economic Development is hereby By Councilmen Patmon, Johnson the collateral as set forth in the authorized to accept monies in and Rokakis (by departmental Executive Summary contained in repayment of the loan and to deposit request). the file referenced in Section 2 of said monies in Fund No. 17 SF 005. An emergency ordinance to amend this ordinance in order to secure Section 6. That the Director of Section 6 of Ordinance No. 200-88, repayment of said loan. Any securi- Economic Development is hereby passed February 1, 1988, as amend- ty instrument shall be prepared and authorized to charge and accept fees ed by Ordinance No. 1266-89, passed approved by the Director of Law. in an amount not to exceed the max- May 1, 1989, relating to the deposit Section 5. That the Director of Eco- imum allowable under federal regu- and expenditure of rent payments nomic Development is hereby autho- lations and expend such fees to cover for the East Side Market. rized to accept monies in repayment costs incurred in the preparation of Whereas, this ordinance consti- of the loan and to deposit said the loan application, closing and ser- tutes an emergency measure pro- monies in Fund No. 17 SF 005. vicing of the loan. Such fees shall be viding for the usual daily operation Section 6. That the Director of deposited to and expended from Fund of a municipal department; now, Economic Development is hereby No. 17 SF 305, Loan Fees Fund. therefore, authorized to charge and accept Section 7. That the Director of Be it ordained by the Council of fees in an amount not to exceed the Law is hereby authorized to prepare the City of Cleveland: maximum allowable under federal said contract and such other docu- Section 1. That Section 6 of Ordi- regulations and expend such fees to ments as may be appropriate to nance No. 200-88, passed February 1, cover costs incurred in the prepara- complete the transaction. 1988, as amended by Ordinance No. tion of the loan application, closing Section 8. That this ordinance is 1266-89, passed May 1, 1989, is here- and servicing of the loan. Such fees hereby declared to be an emergency by amended to read as follows: shall be deposited to and expended measure and, provided it receives Section 6. That rent payments from Fund No. SF 305, Loan Fees the affirmative vote of two-thirds of received pursuant to the terms of Fund. all the members elected to Council, the Lease shall be deposited in Section 7. That the Director of it shall take effect and be in force Fund Nos. 10 SF 050, 10 SF 051 and Law is hereby authorized to prepare immediately upon its passage and 68 SF 001 and shall be used to pay said contract and such other docu- approval by the Mayor; otherwise it the HUD 108 Note referred to in Sec- ments as may be appropriate to shall take effect and be in force tion 8 herein and be used to pay the complete the transaction. from and after the earliest period cost of maintenance and capital Section 8. That this ordinance is allowed by law. improvements to the market place, hereby declared to be an emergency Passed June 10, 1996. which maintenance and capital measure and, provided it receives Effective June 19, 1996. improvement expenditures are more the affirmative vote of two-thirds of fully described in the Lease. all the members elected to Council, Section 2. That existing Section 6 it shall take effect and be in force Ord. No. 550-96. of Ordinance No. 200-88, passed Feb- immediately upon its passage and By Councilmen Paulenske, Jack- ruary 1, 1988, as amended by Ordi- approval by the Mayor; otherwise it son, Rybka and Rokakis (by depart- nance No. 1266-89, passed May 1, shall take effect and be in force mental request). 1989, is hereby repealed. from and after the earliest period An emergency ordinance estab- Section 3. That this ordinance is allowed by law. lishing a Community Reinvestment hereby declared to be an emergency Passed June 10, 1996. Area in the area of West 10th Street measure and, provided it receives Effective June 19, 1996. in the Historic Warehouse District, the affirmative vote of two-thirds of pursuant to Section 3735.65 et seq. of all the members elected to Council, the Ohio Revised Code, and making it shall take effect and be in force Ord. No. 549-96. certain findings and determinations immediately upon its passage and By Councilmen Paulenske, Jack- in connection therewith. approval by the Mayor; otherwise it son, Rybka and Rokakis (by depart- Whereas, Section 3735.65 et seq., shall take effect and be in force mental request). of the Ohio Revised Code authorizes from and after the earliest period An emergency ordinance autho- municipalities to designate Commu- allowed by law. rizing the Director of Economic nity Reinvestment Areas where cer- Passed June 10, 1996. Development to enter into a contract tain criteria have been met; and Effective June 19, 1996. with Brentwood Limousine, Inc., or Whereas, the area located on its designee, to provide economic West 10th Street in the Historic development assistance to partially Warehouse District is an area in Ord. No. 546-96. finance the acquisition of a com- which housing facilities or struc- By Councilmen Patton, Jackson, mercial building located at 1530 tures of historical significance are Rybka and Rokakis. East 19th Street, Cleveland, Ohio. located and the prospects of new An emergency ordinance authoriz- Whereas, this ordinance consti- housing construction and repair of ing the Director of Economic Devel- tutes an emergency measure pro- existing facilities or structures are opment to enter into a contract wi t h viding for the usual daily operation discouraged; and Durham-Phelps Properties, Inc., or of a municipal department; now, Whereas, the City desires to its designee, to provide economic therefore, encourage new housing construction development assistance to partially Be it ordained by the Council of and the repair of existing housing finance the acquisition of a com- the City of Cleveland: facilities to eliminate blight and mercial building located at 15000 Section 1. That the Director of prevent the recurrence of blight by Miles Avenue, Cleveland, Ohio. Economic Development is hereby granting tax exemptions; and Whereas, this ordinance consti- authorized to enter into a contract Whereas, this ordinance consti- tutes an emergency measure pro- with Brentwood Limousine, Inc., or tutes an emergency measure pro- viding for the usual daily operation its designee, to provide economic viding for the immediate preserva- of a municipal department; now, development assistance to partially tion of public property, health, and therefore, finance the acquisition of a com- safety, in that creating said Com- Be it ordained by the Council of mercial building located at 1530 munity Reinvestment Area will the City of Cleveland: East 19th Street, Cleveland, Ohio. encourage development in the area Section 1. That the Director of Section 2. That the term of said located at West 10th Street in the Economic Development is hereby loan shall be in accordance with the Historic Warehouse District and authorized to enter into a contract terms as set forth in the Executive will, furthermore, eliminate blight with Durham-Phelps Properties, Inc., Summary contained in File No. 549- and prevent the recurrence thereof or its designee, to provide economic 96-A. in the Area; now, therefore, development assistance to partially Section 3. That the costs of said Be it ordained by the Council of finance the acquisition of a com- contract shall not exceed Forty the City of Cleveland: mercial building located at 15000 Thousand Dollars ($40,000.00), and Section 1. That based upon infor- Miles Avenue, Cleveland, Ohio. shall be paid from Fund No. 17 SF mation and data presented to this Section 2. That the term of said 003, Request No. 22421. Council and the information con- loan shall be in accordance with the Section 4. That the Director of tained in Council File No. 550-96-A, terms as set forth in the Executive Economic Development is hereby it is hereby found and determined Summary contained in File No. 546- authorized and directed to accept that the area located on West 10th 96-A. the collateral as set forth in the Street in the Historic Warehouse 1204 June 19, 1996 The City Record 75

District (Permanent Parcel No. 101- The owner of such real property the findings and the exemptions 14-028) is a blighted and deteriorat- in the Community Reinvestment from real property taxation set forth ed area in which housing facilities Area described hereinabove may file hereinabove conflict with any pro- or structures of historical signifi- an application for exemption from visions of ordinances passed by this cance are located and the prospects real property taxation with the Com- Council prior to the passage of this of new construction and repair of missioner of Redevelopment for the ordinance, the provisions of this existing facilities or structures are City of Cleveland for a period of fif- ordinance shall prevail commencing discouraged. teen (15) years for 75% of the upon the effective date of this ordi- Section 2. That the area herein- assessed taxes for the construction nance. above described is hereby designat- activities described above. Section 6. That this ordinance is ed a Community Reinvestment Area Section 4. That the Commissioner hereby declared to be an emergency pursuant to Section 3735.65 et seq. of of Redevelopment for the City of measure and, provided it receives the Ohio Revised Code. Cleveland shall serve as the Hous- the affirmative vote of two-thirds of Section 3. That the development of ing Officer, as defined by Section all the members elected to Council, six townhouses on West 10th Street 3735.65 et seq. of the Ohio Revised it shall take effect and be in force in the Historic Warehouse District, Code, for the Community Reinvest- immediately upon its passage and in the Community Reinvestment ment Area described hereinabove approval by the Mayor; otherwise it Area set forth in Section 1 is here- and shall administer all activities shall take effect and be in force by declared to be a public purpose carried out pursuant to Section from and after the earliest period for which exemption from real prop- 3735.65 et seq. of the Ohio Revised allowed by law. erty taxation shall be granted in the Code and this ordinance. Passed June 10, 1996. following manner: Section 5. That to the extent that Effective June 19, 1996.

Ord. No. 552-96. By Councilmen Rybka, McGuirk and Rokakis (by departmental request). An emergency ordinance to supplement the Codified Ordinances of Cleveland, Ohio, 1976, by enacting new Sec- tion 337.031; to amend said Codified Ordinances by amending Sections 325.59, 335.01 and 335.04, as amended by various ordinances; and to repeal Section 309.25, as amended by Ordinance No. 86-85, passed February 25, 1985, all relating to town houses. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Codified Ordinances of Cleveland, Ohio, 1976, are hereby supplemented by enacting new Sec- tion 337.031 thereof, to read as follows: Section 337.031 Townhouse (RA) Districts (a) Purpose. Townhouse Districts (i.e., Residential Attached districts) are established to provide sites for low- rise development of attached residential units at medium to high densities. Such developments are intended to serve as a transition between areas of detached residences and areas of higher intensity development or to serve as a means of clustering housing units on sites which can be developed most appropriately through such clus- tering. (b) Definitions. A “townhouse unit” is a single dwelling unit, situated at ground level, served by its own exclu- sive exterior entrance, and attached to one or more other such units by fire walls or fire separation walls. A “townhouse building” is a building composed of two or more townhouse units. The terms “townhouse” and “row house” shall have the same meaning unless otherwise indicated. (c) Permitted Uses. In a Townhouse District, permitted uses are limited to townhouse buildings and all main and accessory uses permitted and as regulated in Two-Family Districts. However, notwithstanding the provisions of Section 355.05 regarding existing lots of record, lots established for development of attached residences shall not be developed or redeveloped for detached residences unless such lots meet all prevailing regulations applic- able to the development of detached residences. (d) Ownership. Townhouse units may be in condominium ownership, where two or more units are located on a single lot, or in a type of ownership where each unit is located on a separate lot. Each townhouse develop- ment shall conform to the regulations applicable to its form of ownership. (e) District Establishment. The following Townhouse Districts are hereby established: RA-1, RA-2, and RA-3 (with the abbreviation “RA” indicating “Residential, Attached” and the numerals indicating that the districts are listed in order of “density,” from lowest to highest). (f) Site Planning and Design. No Building Permit shall be issued for the original construction of a townhouse unit or townhouse building without approval of the City Planning Commission, which shall seek to ensure that the development meets the following standards of site planning and architectural design. (1) Compatibility. The development shall be visually compatible with nearby properties with respect to such design elements as scale, height, setback, orientation to existing streets, open spaces, roof lines, architectural style, materials, colors, and proportions of architectural features. Furthermore, the development shall not adverse- ly affect the use of nearby properties with respect to such factors as pedestrian and vehicular access, privacy, safety, and obstructions to light and air. (2) Site Layout. Buildings, structures and landscape features shall be arranged so as to create visual interest, avoid monotony, maximize privacy, conserve natural features, minimize the need for grading, provide for usable areas of common and private open space, facilitate efficient vehicular and pedestrian circulation, and promote security and personal safety. (3) Building Design. Townhouse units shall be designed so as to create visual interest and differentiate indi- vidual units through variations in roof lines, wall setbacks and building materials or through use of porches, bay windows, and other projecting elements. Garages shall be placed to the rear of the residential units or, if located in the front of units, shall be designed and placed in a manner which reduces their visual prominence. (4) Circulation and Parking. Circulation and parking shall be designed in a manner which provides proper access for service and safety vehicles, minimizes conflicts between pedestrians and vehicles, minimizes the num- ber of curb cuts onto major streets, avoids placing excessive traffic on local residential streets, avoids unen- closed parking in front yards, and avoids placement of garage doors so close to sidewalks as to impair pedes- trian safety. (g) Area and YardRegulations. The following yard and area regulations shall apply to townhouse develop- ments in RA-1, RA-2, and RA-3 Districts and in other zoning districts which permit townhouse development. All figures are minimum requirements unless otherwise stated. The City Planning Commission may require greater 1205 76 The City Record June 19, 1996 restrictions as necessary to meet the standards of division (f). For main buildings other than townhouses and for accessory uses and structures, regulations of the Two-Family District shall apply.

RA-1 RA-2 RA-3 District District District

Lot Area per Townhouse Unit (sq. ft.) 1750 1250 550

Lot Width (ft.) 22 18 14

Townhouse Unit Width (ft.) 22 18 14

Townhouse Units per Building (max.) 8 8 not restricted

Townhouse Units per Building (min.) 3 3 3 (except that 2-unit bldgs. shall be permitted if at least one bldg. of 3 or more units is included as part of a single development on one more contiguous lots)

Side Street Yard Depth (ft.) 7 5 0

Interior Side Yard Depth (ft.)1 Adjoining 1- or 2-Fam District 15 10 10 Adjoining Other District 7 5 0

Front Yard Depth (ft.) 20 20 0

Rear Yard Depth (ft.) Adjoining 1- or 2-Fam District 20 20 20 Adjoining Other District 20 10 0

Distance Between Bldgs. on Same Lot (ft.)2 Window Wall to Window Wall 20 20 20 Window Wall to Non-Window Wall 15 12 10 Non-Window Wall to Non-Window Wall 10 7 5

Building Coverage (max.) 60% 70% 100% (% of lot covered by buildings)

Common Open Space (sq. ft. per unit) 250 150 0 (applies only to condominium developments)

Private Open Space (sq. ft. per unit)3 150 100 0

Residential Floor Area (sq. ft. per unit) 950 950 950

______1 does not apply to lot lines separating attached dwellings in a non-condominium townhouse development 2 “Window wall” is a building wall with a window opening onto a living space; “non-window wall” is a building wall with no windows opening onto a living space 3 garden, deck, patio, balcony, solarium or similar open space adjacent to the residence, for the private use of the resident household

(h) Common Open Space. Common open space required by regulations of this section shall consist of land or a combination of land and water of such condition, size, shape and location as to be usable for active recreation and/or scenic enjoyment by the residents of the townhouse development, as determined by the City Planning Com- mission. Common open space shall not include driveways, parking areas or structures other than those structures devoted to recreational use. The applicant shall provide, to the Commissioner of Building and Housing, evidence of legally enforceable mechanisms to ensure perpetual preservation of such land as common open space and to ensure proper maintenance. (i) Easements for Zero Lot Line Buildings. Where the City Planning Commission determines that provision of an easement is necessary to ensure proper access, light and air to a building placed directly on a lot line, the Commission may require provision of such easement as a condition of the issuance of a Building Permit for con- struction of the zero-lot-line building. The easement shall be shown on the recorded plat and incorporated into each deed transferring title to the property. (j) Variations from Area and Yard Regulations. The Board of Zoning Appeals may approve variations from area and yard regulations applicable to townhouse developments if the Board determines that such variations are necessary to achieve an appropriate development of the site and that such variations will not result in safety or health hazards and will not be injurious to the use or value of nearby properties. In making such a determina- tion, the Board shall consider a recommendation made by the City Planning Commission on the basis of the site 1206 June 19, 1996 The City Record 77 plan and design review conducted in accordance with the provisions of division (f) of this section. Section 2. That the following Sections of the Codified Ordinances of Cleveland, Ohio, 1976: Section 325.59, as amended by Ordinance No. 845-62, passed April 27, 1964, Section 335.01, as amended by Ordinance No. 1501-72, passed April 9, 1973, and Section 335.04, as amended by Ordinance No. 724-88, passed October 31, 1988 are hereby amended to read, respec- tively, as follows:

Section 325.59 Row House “Row House” has the same meaning as “townhouse unit” as defined in division (b) of Section 337.031.

Section 335.01 Designation of Use Districts The City is hereby divided into the Public Land Protective District and into fifteen use districts which shall be known, in order of restrictiveness, beginning with the most restrictive as:

Limited One-Family Districts One-Family Districts Two-Family Districts Townhouse (RA) Districts Limited Multi-Family Districts Multi-Family Districts Residence-Office Districts Parking Districts Local Retail Business Districts Shopping Center Districts University (College) Retail Districts General Retail Business Districts Residence-Industry Districts Semi-Industry Districts General Industry Districts Unrestricted Industry Districts

Section 335.04 Residence Buildings and Other Main Buildings in Residence Districts (a) Except as provided in Sections 335.05 to 335.07, in any use district, no residence building shall hereafter be erected, established or altered except in conformity with the limitations and requirements specified in the fol- lowing table. (b) In a Residence District, no main building, irrespective of occupancy classification, shall hereafter be erect- ed, established or altered except in conformity with the maximum gross floor area limitation specified in the fol- lowing table:

AREA REGULATIONS FOR RESIDENCE BUILDINGS IN ALL USE DISTRICTS AND FOR ALL MAIN BUILDINGS IN RESIDENCE DISTRICTS

Minimum Lot Maximum Gross Floor Wi d t h Area (f e e t ) Minimum Lot Area (square feet)

Ar e a Class A Mi n i m u m Di s t r i c t Ro w Mu l t i p l e Floor Area Ho u s e : Dw e l l i n g per Primary Any Dwelling and Any On e Tw o On e Tw o pe r pe r Re s i d e n t i a l Main Building in Fa m i l y Fa m i l y Fa m i l y Fa m i l y Dw e l l i n g Dw e l l i n g Bu i l d i n g Residence District Dw e l l i n g Dw e l l i n g Dw e l l i n g Dw e l l i n g Un i t Un i t (square feet)

AA 1/2 lot area 60 — 7200 — — — 1400 A 1/2 lot area 50 — 4800 — — — 1250 B 1/2 lot area 40 50 4800 6000 2400 2400 950 C 1/2 lot area*** 40 50 4800 6000 2400 — 950 D lot area*** 40 50 4800 6000 2100 — 950 E 1 1/2 lot area*** 40 50 4800 6000 2100 — 950 F 2 lot area*** 40 50 4800 6000 2100 — 950 G 3 lot area*** 40 50 4800 6000 2100 — 950 H 4 lot area*** 40 50 4800 6000 2100 — 950 J 5 lot area*** 40 50 4800 6000 2100 — 950 K 6 lot area*** 40 50 4800 6000 2100 — 950

*** Shall not apply to Class B Multiple Dwellings erected, established or altered in the Central Business Dis- trict defined in Section 325.12. *** Shall not apply to alterations made to an existing building in a Residence district nor to an existing res- idence building in another use district, which building exceeds the maximum gross floor area limitation, pro- vided the gross floor area of such existing building is not increased. Section 3. That the following Sections of the Codified Ordinances of Cleveland, Ohio, 1976: Section 309.25, as amended by Ordinance No. 86-85, passed February 25, 1985, Section 325.59, as amended by Ordinance No. 845-62, passed April 27, 1964, Section 335.01, as amended by Ordinance No. 1501-72, passed April 9, 1973, and Section 335.04, as amended by Ordinance No. 724-88, passed October 31, 1988 are hereby repealed. Section 4. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed June 10, 1996. Effective June 19, 1996. 1207 78 The City Record June 19, 1996

Ord. No. 553-96. from real property taxation set forth Thence South 46 degrees, 14 min- By Councilmen Smith, Jackson, hereinabove conflict with any pro- utes, 11 seconds East continuing Rybka and Rokakis (by departmen- visions of ordinances passed by this along the southwesterly line of Dex- tal request). Council prior to the passage of this ter Place, 248.43 feet to a point; An emergency ordinance estab- ordinance, the provisions of this Thence South 43 degrees, 47 min- lishing a Community Reinvestment ordinance shall prevail commencing utes, 32 seconds West, 45.00 feet to Area in the area of 1900 West 25th upon the effective date of this ordi- a point; Street, pursuant to Section 3735.65 et nance. Thence North 46 degrees, 14 min- seq. of the Ohio Revised Code, and Section 6. That this ordinance is utes, 11 seconds West, 246.04 feet to making certain findings and deter- hereby declared to be an emergency a point on the easterly line of West minations in connection therewith. measure and, provided it receives 29th Street; Whereas, Section 3735.65 et seq., the affirmative vote of two-thirds of Thence North 00 degrees, 29 min- of the Ohio Revised Code authorizes all the members elected to Council, utes, 30 seconds East along the east- municipalities to designate Commu- it shall take effect and be in force erly line of West 29th Street, 27.47 nity Reinvestment Areas where cer- immediately upon its passage and feet to a point; tain criteria have been met; and approval by the Mayor; otherwise it Thence South 46 degrees, 14 min- Whereas, the area located at 1900 shall take effect and be in force utes, 11 seconds East, 11.46 feet to West 25th Street is an area in which from and after the earliest period a point; housing facilities or structures of allowed by law. Thence North 43 degrees, 45 min- historical significance are located Passed June 10, 1996. utes, 49 seconds East, 20.00 feet to and the prospects of new housing Effective June 19, 1996. a point; construction and repair of existing Thence South 46 degrees, 14 min- facilities or structures are discour- utes, 11 seconds East, 5.00 feet to a aged; and Ord. No. 557-A-96. point; Whereas, the City desires to (As a substitute for Ord. No. 557- Thence North 43 degrees, 45 min- encourage new housing construction 96). utes, 49 seconds East, 5.00 feet to a and the repair of existing housing By Councilman Smith. point on the southeasterly right of facilities to eliminate blight and An ordinance to establish a way of Dexter Place and the place prevent the recurrence of blight by Planned Unit Development Overlay of beginning and containing 0.2622 granting tax exemptions; and District and approve the corre- acres of land as calculated and Whereas, this ordinance consti- sponding Planned Unit Development described by North Coast Engineer- tutes an emergency measure pro- project on properties located at 1448 ing & Surveying Co. Inc. in June, viding for the immediate preserva- Dexter Place. (Map Change No. 1901, 1995, be the same more or less but tion of public property, health, and Sheet No. 1) subject to all legal highways. safety, in that creating said Com- Whereas, van Dijk, Pace, West- Section 2. That the designation of munity Reinvestment Area will lake & Partners has submitted an land described in Section 1 and as encourage development in the area application to the Director of the outlined in red on the map attached located at the 1900 West 25th Street City Planning Commission propos- hereto shall be identified as Map and will, furthermore, eliminate ing the creation of a Planned Unit Change No. 1901, Sheet No. 1 and blight and prevent the recurrence Development (PUD) Overlay Dis- shall be made upon the Building thereof in the Area; now, therefore, trict on properties located at 1448 Zone Maps of the City of Cleveland Be it ordained by the Council of Dexter Place and construction of a on file in the office of the Clerk of the City of Cleveland: PUD project to be known as the Council and in the office of the City Section 1. That based upon infor- “Dexter Row Townhouse Develop- Planning Commission. mation and data presented to this ment” on said properties; and Section 3. That the PUD project Council and the information con- Whereas, the Director of the City depicted in the site plan contained tained in Council File No. 553-96-A, Planning Commission has accepted in the above mentioned file which it is hereby found and determined said application and has provided has been proposed for the PUD that the area located at 1900 West written notification of his accep- Overlay District created by Section 25th Street (Permanent Parcel No. tance of the application to the mem- 1, and which is to be known as the 003-38-017) is a blighted and deteri- ber of the Council in whose ward “Dexter Row Townhouse Develop- orated area in which housing facil- the proposed PUD Overlay District ment” is hereby approved. ities or structures of historical sig- and PUD project are located, and Section 4. That this ordinance nificance are located and the said member of Council has not shall take effect and be in force prospects of new construction and objected; and from and after the earliest period repair of existing facilities or struc- Whereas, the Council of the City allowed by law. tures are discouraged. of Cleveland has determined that Passed June 10, 1996. Section 2. That the area herein- the proposed PUD Overlay District Effective July 20, 1996. above described is hereby designat- and PUD project meet the purposes ed a Community Reinvestment Area and the approval standards set forth pursuant to Section 3735.65 et seq. of in Chapter 334 of the Codified Ordi- Ord. No. 618-96. the Ohio Revised Code. nances of Cleveland, Ohio, 1976; By Councilmen Jackson and Section 3. That the construction of now, therefore Rokakis (by departmental request). approximately 21 residential units Be it ordained by the Council of An emergency ordinance to amend at 1900 West 25th Street, known as the City of Cleveland: Section 2 and 4 of Ordinance No. 82- the Merrell Building, in the Com- Section 1. That the area outlined 96, passed April 1, 1996, relating to munity Reinvestment Area set forth on the site plan and described in the the Directors of Economic Develop- in Section 1 is hereby declared to be following legal description and ment and Finance to establish, a public purpose for which exemp- known as 1448 Dexter Place is here- using Empowerment Zone funds, an tion from real property taxation by designated as a Planned Unit Empowerment Zone Debt Service shall be granted in the following Development (PUD) Overlay Dis- Fund. manner: trict, in accordance with the provi- Whereas, this ordinance consti- The owner of such real property sions of Chapter 334 of the Codified tutes an emergency measure pro- in the Community Reinvestment Ordinances of Cleveland, Ohio, 1976. viding for the usual daily operation Area described hereinabove may file Situated in the City of Cleveland, of a municipal department; now, an application for exemption from County of Cuyahoga and State of therefore, real property taxation with the Com- Ohio and known as being part of Be it ordained by the Council of missioner of Redevelopment for the Sublot Nos. 367, 369, 371, 372 and 373 the City of Cleveland: City of Cleveland for a period of in Barber and Lord’s Subdivision of Section 1. That Sections 2 and 4 twelve (12) years for 75% of the part of Original Brooklyn Township of Ordinance No. 82-96, passed April assessed taxes for the construction Lots 51, 52, 69 and 70 as shown by 1, 1996, are hereby amended to read, activities described above. the recorded plat in Volume 11, respectively, as follows: Section 4. That the Commissioner Page 26 of Cuyahoga County Map Section 2. That the Directors of of Redevelopment for the City of Records and being further bounded Economic Development and Finance Cleveland shall serve as the Hous- and described as follows: are hereby authorized to fund the ing Officer, as defined by Section Beginning at the easterly line of Empowerment Zone Debt Service 3735.65 et seq. of the Ohio Revised West 29th Street, (66.00 feet wide) Fund from the Economic Develop- Code, for the Community Reinvest- at its intersection with the south- ment Initiative Grant for the ment Area described hereinabove westerly line of Dexter Place (50.00 Empowerment Zone in an amount and shall administer all activities feet wide); not to exceed Fourteen Million Dol- carried out pursuant to Section Thence South 46 degrees, 14 min- lars ($14,000,000), the monies to be 3735.65 et seq. of the Ohio Revised utes, 11 seconds East along the paid into Fund No. 18 SF 003. (RL Code and this ordinance. southwesterly line of Dexter Place, 22401). Section 5. That to the extent that 40.00 feet to the principal place of Section 4. That the Director of the findings and the exemptions beginning; Economic Development is hereby 1208 June 19, 1996 The City Record 79 authorized to make debt service Section 4. That the Director of combination of said items as the payments to the U.S. Department of Economic Development is hereby Board of Control shall determine. HUD for any Section 108 Loan authorized and directed to accept Alternate bids for a period less than awarded as part of the City’s Sup- the collateral as set forth in the two years may be taken if deemed plemental Empowerment Zone and Executive Summary contained in desirable by the Commissioner of found by the Director of Economic the file referenced in Section 2 of Purchases and Supplies until provi- Development to be in default and/or this ordinance in order to secure sion is made for the requirements arrears, pursuant to 24 C.F.R. 470, repayment of said loan. Any securi- for the entire two years. subpart M. The Director of Eco- ty instrument shall be prepared and Section 2. The cost of said con- nomic Development shall provide approved by the Director of Law. tract shall be charged against the the Chairman of the Council Com- Section 5. That the Director of proper appropriation account and mittee on Community and Economic Economic Development is hereby the Director of Finance shall certi- Development a written notice at authorized to accept monies in fy thereon the amount of the initial least ten (10) days prior to any dis- repayment of the loan and to purchase thereunder, which pur- bursements from said Fund. The deposit said monies in Fund No. 17 chase, together with all subsequent required notice shall include a brief SF 006. purchases, shall be made on order summary of the plan to eliminate Section 6. That the Director of of the Commissioner of Purchases the default and/or arrearage, and Economic Development is hereby and Supplies pursuant to a requisi- shall explain in detail the amount authorized to charge and accept tion against such contract duly cer- to be disbursed to HUD; the §108 fees in an amount not to exceed the tified by the Director of Finance. loans/grants involved; the identity maximum allowable under federal (RL 20841) of the borrowers/developers; the regulations and expend such fees to Section 3. That this ordinance is remaining status of the §108 cover costs incurred in the prepara- hereby declared to be an emergency loans/grants and their correspond- tion of the loan application, closing measure and, provided it receives ing projects; and any other infor- and servicing of the loan. Such fees the affirmative vote of two-thirds of mation that may be deemed relevant shall be deposited to and expended all the members elected to Council, by the Director. from Fund No. 17 SF 305, Loan Fees it shall take effect and be in force Section 2. That existing Sections Fund. immediately upon its passage and 2 and 4 of Ordinance No. 82-96, Section 7. That the Director of approval by the Mayor; otherwise it passed April 1, 1996, are hereby Law is hereby authorized to prepare shall take effect and be in force repealed. said contract and such other docu- from and after the earliest period Section 3. That this ordinance is ments as may be appropriate to allowed by law. hereby declared to be an emergency complete the transaction. Passed June 10, 1996. measure and, provided it receives Section 8. That this ordinance is Effective June 19, 1996. the affirmative vote of two-thirds of hereby declared to be an emergency all the members elected to Council, measure and, provided it receives it shall take effect and be in force the affirmative vote of two-thirds of Ord. No. 628-96. immediately upon its passage and all the members elected to Council, By Councilmen Miller and approval by the Mayor; otherwise it it shall take effect and be in force Rokakis (by departmental request). shall take effect and be in force immediately upon its passage and An emergency ordinance deter- from and after the earliest period approval by the Mayor; otherwise it mining the method of making the allowed by law. shall take effect and be in force public improvement of constructing Passed June 10, 1996. from and after the earliest period a salt storage building and associ- Effective June 19, 1996. allowed by law. ated appurtenances at Cleveland Passed June 10, 1996. Hopkins International Airport, and Effective June 19, 1996. authorizing the Director of Port Ord. No. 626-96. Control to enter into contract for the By Councilmen Miller, Jackson, making of such improvement. Rybka and Rokakis (by departmen- Ord. No. 627-96. Whereas, this ordinance consti- tal request). By Councilmen Miller and tutes an emergency measure pro- An emergency ordinance autho- Rokakis (by departmental request). viding for the usual daily operation rizing the Director of Economic An emergency ordinance autho- of a municipal department; now, Development to enter into a contract rizing and directing the purchase by therefore, with J.C. Hub Manufacturing Co., or requirement contract of labor and Be it ordained by the Council of its designee, to provide economic materials necessary to maintain and the City of Cleveland: development assistance to partially replace interior plants and land- Section 1. That, pursuant to Sec- finance moving expenses, and the scape exterior sites, for the various tion 167 of the Charter of the City acquisition and renovation of real divisions of the Department of Port of Cleveland, it is hereby deter- property located at 4101 West 150th Control, for a period not to exceed mined to make the public improve- Street, Cleveland, Ohio. two years. ment of constructing a salt storage Whereas, this ordinance consti- Whereas, this ordinance consti- building and associated appurte- tutes an emergency measure pro- tutes an emergency measure pro- nances, for the Division of Cleve- viding for the usual daily operation viding for the usual daily operation land Hopkins International Airport, of a municipal department; now, of a municipal department; now, Department of Port Control, by con- therefore, therefore, tract duly let to the lowest respon- Be it ordained by the Council of Be it ordained by the Council of sible bidder after competitive bid- the City of Cleveland: the City of Cleveland: ding for a gross price for the Section 1. That the Director of Section 1. That the Director of improvement. Economic Development is hereby Port Control is hereby authorized Section 2. That the Director of authorized to enter into a contract and directed to make a written Port Control is hereby authorized with J.C. Hub Manufacturing Co., or requirement contract in accordance and directed to enter into contract its designee, to provide economic with the Charter and the Codified for the making of the above public improvement with the lowest development assistance to partially Ordinances of Cleveland, Ohio, 1976, responsible bidder after competitive finance moving expenses, and the for the requirements for the period bidding for a gross price for the acquisition and renovation of real of two years for the necessary items improvement, provided, however, property located at 4101 West 150th of labor and materials necessary to that each separate trade and each Street, Cleveland, Ohio. maintain and replace interior plants distinct component part of said Section 2. That the term of said and landscape exterior sites in the improvement may be treated as a loan shall be in accordance with the approximate amount as purchased separate improvement, and each, or terms as set forth in the Executive during the preceding term, to be any combination, of such trades or Summary contained in File No. 626- purchased by the Commissioner of components may be the subject of a 96-A. Purchases and Supplies upon a unit separate contract for a gross price. Section 3. That the costs of said basis for the various divisions of Upon request of said director the contract shall not exceed Two Hun- the Department of Port Control. contractor shall furnish a correct dred Forty Thousand Dollars Bids shall be taken in such manner schedule of unit prices, including ($240,000.00), and shall be paid from as to permit an award to be made profit and overhead, for all items Fund No. 17 SF 008, Request No. for all items as a single contract, or constituting units of said improve- 22407. by separate contract for each or any ment. 1209 80 The City Record June 19, 1996

Section 3. That the cost of said 60 SF 101, 60 SF 102, 60 SF 104, 60 Course No. 1: Thence South 55° 39' improvement hereby authorized SF 106, 60 SF 112, 60 SF 114, 60 SF 46" West, along the Northwesterly shall be paid from Fund Nos. 60 SF 115, 60 SF 116, 60 SF 117, and from line of Huron Road S.E., 46.50 feet 001, 60 SF 106, 60 SF 210, and from any funds or subfunds to which are to its intersection with the Easterly any funds or subfunds to which are credited any federal grants or fed- line of Huron Road S.E. as proposed credited any federal grants or fed- eral PFC authorization, for the to be relocated; eral PFC authorization, for the above improvement and the pro- Course No. 2: Thence North 10° 24' above improvement and the pro- ceeds from the sale of any airport 24" West, along said proposed East- ceeds from the sale of any airport revenue bonds issued for a purpose erly line of Huron Road S.E., 18.86 revenue bonds issued for a purpose which includes the above improve- feet to its intersection with said which includes the above improve- ment, Request No. 20843. Southerly line of Euclid Avenue; ment, Request No. 20833. Section 4. That this ordinance is Course No. 3: Thence North 79° 35' Section 4. That this ordinance is hereby declared to be an emergency 31" East along the Southerly line of hereby declared to be an emergency measure and, provided it receives Euclid Avenue, 42.50 feet to the measure and, provided it receives the affirmative vote of two-thirds of place of beginning, containing 401 the affirmative vote of two-thirds of all the members elected to Council, square feet of land, according to a all the members elected to Council, it shall take effect and be in force survey by Garrett and Associates, it shall take effect and be in force immediately upon its passage and Inc., Registered Engineers and Sur- immediately upon its passage and approval by the Mayor; otherwise it veyors, made on March 22, 1996, be approval by the Mayor; otherwise it shall take effect and be in force the same more or less, but subject shall take effect and be in force from and after the earliest period to all legal highways. from and after the earliest period allowed by law. Section 2. That the term of the allowed by law. Passed June 10, 1996. lease authorized by Section 1 shall Effective June 19, 1996. not exceed twenty-five (25) years, Passed June 10, 1996. with two (2) options exercisable by Effective June 19, 1996. the Director of Parks, Recreation Ord. No. 635-96. and Properties, to renew for two (2) By Councilmen Paulenske, John- additional ten (10) year terms, and Ord. No. 629-96. son, Rybka and Rokakis (by depart- cancellable upon thirty (30) days’ By Councilmen Miller and mental request). written notice by said Director. Rokakis (by departmental request). An emergency ordinance autho- Section 3. That the lease shall be An emergency ordinance autho- rizing the Director of Parks, Recre- assignable by the Lessee with the rizing the Director of Port Control ation and Properties to enter into a consent of the Director of Parks, to employ one or more professional Lease By Way of Concession with Recreation and Properties to the consultants or one or more firms of the Playhouse Square Foundation Cleveland Theatre District Develop- consultants to provide professional certain property in the Cleveland ment Corporation (the “CTDDC”) a services to perform various studies, Theatre District for a term not to special improvement district (“SID”) analysis reports and services relat- exceed twenty-five years with an organization. ed to the operation of the airports option to renew for two additional Section 4. That the property and the harbor for the various divi- ten year terms. described in Section 1 shall be sions of the Department of Port Con- Whereas, the Playhouse Square leased at a rental of One Dollar trol. Foundation has submitted a propos- ($1.00) per year plus applicable Whereas, this ordinance consti- al to the City whereby it would taxes and assessments, if any. tutes an emergency measure pro- lease certain property located in the Section 5. That the lease may viding for the usual daily operation Cleveland Theater District at Huron authorize the lessee to make of a municipal department; now, Road and East 14th Street for the improvements to the leased premis- therefore, purpose of constructing, operating, es subject to the approval of appro- priate City agencies and officials, Be it ordained by the Council of and maintaining a public plaza, and shall provide that Council shall the City of Cleveland: including a concession stand; and Section 1. That the Director of Whereas, the property rights are be notified prior to termination of Port Control is hereby authorized not needed for public use by the the lease. and directed to employ by contract City during the proposed term of the Section 6. That the lease shall be one or more consultants or one or lease; and prepared by the Director of Law and more firms of consultants for the Whereas, this ordinance consti- shall contain such authorized terms purpose of supplementing the regu- tutes an emergency measure pro- and conditions as are required to larly employed staff of the several viding for the usual daily operation protect the interests of the City. departments of the City of Cleve- of a municipal department; now, Section 7. That the Director of land in order to provide profession- therefore, Parks, Recreation and Properties and the Director of Law, and other al services necessary to perform, Be it ordained by the Council of appropriate City officials, are autho- design services, financial advisory the City of Cleveland: rized to execute such other docu- services, personnel services, risk Section 1. That notwithstanding ments and certificates, and take management studies, air services and as an exception to the provi- such other actions as may be nec- studies and various other studies, sions of Chapters 181 and 183 of the essary or appropriate to effect the analysis, reports, and services relat- Codified Ordinances of Cleveland, lease authorized by this ordinance. ed to the operation of the airports Ohio, 1976, the Director of Parks, and the harbor for the various divi- Section 8. That the lease agree- Recreation and Properties is autho- sions of the Department of Port Con- ment as well as any other docu- rized to lease by way of concession trol. ments which are necessary or appro- (“lease”) to the Playhouse Square The selection of said consultants priate to effectuate the lease autho- Foundation (“PSF”) certain proper- for such services shall be made by rized by this ordinance, including ty which is determined to be suit- the Board of Control upon the nom- temporary license agreements need- able for operation by the lessee for ination of the Director of Port Con- ed by PSF, for the construction peri- the public purpose of building, oper- trol from a list of qualified consul- od, shall be prepared by the Direc- ating, and maintaining a public tants available for such employment tor of Law and executed by the plaza, including a concession stand as may be determined after a full Director of Parks, Recreation and in the Cleveland Theater District and complete canvass by the Direc- Properties. All documents shall con- for the term of the lease and which tor of Port Control for the purpose tain such additional terms and con- is described as follows: of compiling such a list. The com- ditions as are required to protect pensation to be paid for such ser- the interests of the City. vices shall be fixed by the Board of PLAYHOUSE SQUARE Section 9. That this ordinance is Control. The contract herein autho- LEASE PARCEL hereby declared to be an emergency rized shall be prepared by the Direc- Situated in the City of Cleveland, measure and, provided it receives tor of Law, approved by the Direc- County of Cuyahoga and State of the affirmative vote of two-thirds of tor of Port Control, and certified by Ohio and known as being part of all the members elected to Council, the Director of Finance. Original Two Acre Lot Numbers 160 it shall take effect and be in force Section 2. That the contract or and 161, being a parcel of land immediately upon its passage and contracts authorized herein shall be bounded and described as follows: approval by the Mayor; otherwise it awarded not later than December Beginning in the Northwesterly shall take effect and be in force 31, 1997. line of Huron Road S.E., 99 feet from and after the earliest period Section 3. That the costs for such wide, at its intersection with the allowed by law. services herein contemplated shall southerly line of Euclid Avenue, 99 Passed June 10, 1996. be paid from Fund Nos. 60 SF 001, feet wide; Effective June 19, 1996. 1210 June 19, 1996 The City Record 81

Ord. No. 648-96 By Councilmen Rybka and Rokakis (by departmental request). An emergency ordinance to amend Section 350.14 of the Codified Ordinances of Cleveland, Ohio, 1976, as amend- ed by Ordinance No. 3076-A-89, passed December 10, 1990, relating to signs for retail districts. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 350.14 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 3076-A-89, passed December 10, 1990, is hereby amended to read as follows:

Section 350.14 Signs for Retail Districts Signs for uses in University Retail, Local Retail, General Retail and Shopping Center Districts shall be per- mitted as regulated below: (a) Maximum Sign Face Area (Retail). The maximum sign face area of all permanent building-mounted signs for each building or unit thereof shall be related to the width of the building or unit. (For lots without build- ings or with unusually small buildings, see division (d) of Section 350.20.) Maximum sign face area, excluding the area of free-standing signs, shall be determined according to the measurement standards of Section 350.05 and the following formula where “W” is the width of frontage (in feet) of the building or unit thereof: (W x 1/5) + 25 = SQUARE FEET OF SIGNAGE. (b) Permitted Types, Number, Area and Height (Retail). Signs by use and structural type are permitted only in accordance with the regulations presented in the sched- ule of Permitted Types, Number, Area and Height (Retail). Sign types not listed are prohibited except for polit- ical signs which are permitted as regulated in Section 350.11. (All signs are permanent unless listed as tempo- rary). SCHEDULE OF PERMITTED TYPES, NUMBER, AREA, & HEIGHT (INDUSTRIAL)

SIGNS BY SIGNS BY STRUCTURAL TYPE USE TYPE 2 FREE-STANDING WALL WINDOW CANOPY ROOF

4 SF:As regulated by formula . . . . ID E N T I F I C A T I O N #: 1 per lot #: 1 per building #: 1 per building un i t un i t OR 1 3 SF: 50 SF: 6 if hanging HT: permitted BU S I N E S S Ht: 25’ from soffit building height #: Minimum necessary as approved by Building Commissioner . . . . DIRECTIONAL & 5 IN F O R M A T I O N SF: 4 SF: 4 SF: 4 SF: 4 Not Permitted Ht: 3’

#: 1 per street #: 1 per building #: 1 per building REAL ESTATE frontage si d e un i t Not Permitted Not Permitted (T e m p o r a r y ) SF: 48 SF: 48 SF: 12 Ht: 10’ #: 2 per lot (total) DE V E L O P M E N T Not Permitted Not Permitted (T e m p o r a r y ) SF: 96 SF: 96 SF: 12 Ht: 12’

TE M P O R A R Y (Excluding Real As permitted in Section 350.12 SF: 25% of As permitted in Section 350.12 Estate and window area De v e l o p m e n t )

#: Maximum number of signs SF: Maximum sign area (in square ft.) per side of each sign Ht.: Maximum height for free-standing signs and roof signs Sign Area Formula: (W x 1.5) + 25 - square feet

1 A free-standing identification or business sign may exceed 50 square feet in area by an amount equal to 5 square feet for each 1-foot reduction in height below 25 feet. However, no such sign shall exceed 125 square feet in area.

2 Roof signs are permitted only in General and Unrestricted Industrial Districts. The height and placement of roof signs is further regulated in chapter 3113 of the Building Code.

(c) Location (Retail). Free-standing signs as permitted for retail uses shall conform with the location regula- tions presented in the Schedule of Location Regulations (Retail) in addition to the regulations of Section 350.08.

SCHEDULE OF LOCATION REGULATIONS (RETAIL) Free-Standing Sign Types Minimum Distance Identification/ Real Estate & Information From______Business ______Development ______& Political ______Directional

Residential District Line 25' 25' 5' 5' Street R.O.W. Line(s) 3' 3' 3' 1' Side & Rear Lot Lines 5' 5' 5' 5'

1211 82 The City Record June 19, 1996

(d) Shopping Centers. For purposes of this Chapter five (5) or more businesses located on a single lot and served by common parking or common vehicular entrances shall be classified as a “shopping center” and shall be permitted one (1) free-standing identification sign and one (1) wall identification sign in addition to other permitted signs and in accordance with the following regulations: (1) Contents. Each shopping center identification sign shall display only the name of the center and, at the discretion of the shopping center owner, the name of one (1) business located within the center. In the case of an enclosed shopping mall, such free-standing sign may display the names of any business located within the mall and not directly served by an exclusive exterior entrance. (2) Size. The maximum sign face area of a shopping center identification sign shall equal twenty (20) square feet for each 10,000 square feet of gross floor area but shall not exceed 125 square feet. All shopping centers, however, shall be permitted a sign of at least fifty (50) square feet. (3) Other Regulations. All other regulations of this chapter applicable to identification signs shall apply to a shopping center identification sign. (4) Other Signs. A lot displaying a shopping center identification sign may display no other free-standing iden- tification or business signs. (5) Secondary Frontage. One (1) additional shopping center identification free-standing sign and one (1) addi- tional shopping center identification wall sign shall be permitted on a secondary street frontage with a vehicu- lar entrance to the shopping center. (6) Outlets. If a vehicular entrance or parking lot of a shopping center also serves a use located on a sepa- rate lot (i.e., “out lot”), the free-standing identification or business sign permitted for such lot shall be limited to a maximum of twenty-five (25) square feet in area and seven (7) feet in height. (e) Gasoline Service Stations. Signs for gasoline service stations shall conform with all regulations of this chapter except for the maximum sign area regulations of division (a) of Section 350.14 and any regulations which directly conflict with the regulations stated below: (1) Free-standing Business Sign. Each station shall be permitted one (1) permanent free-standing business signs, with total sign face area of the panel or panels not exceeding one hundred (100) square feet. Such sign shall be limited to identifying the company name, management, fuel prices, and services offered. (2) Signs at Service Islands. Stations shall be permitted information signs at fuel or other service islands which display information regarding type of service or are necessary in directing or instructing the motorist who has entered the station area. Signs not extending beyond the edges of fuel pumps are permitted and shall not be counted as business identification signs. (3) Wall and Canopy Signs. Each station shall be permitted permanent identifications, business, directional and information signs displayed as wall or canopy signs and not exceeding one hundred (100) square feet in com- bined area. Non-opaque internally-illuminated canopy surfaces (“fascia”) shall be considered as sign panels for purposes of sign area measurement. (4) Temporary Signs. Temporary signs shall be permitted in accordance with the regulations of Section 350.12. (f) Drive-Through Restaurants. For restaurants providing direct service to customers in motor vehicles, one (1) free-standing or wall-mounted “menu board” sign (limited to information regarding the restaurant’s menu and related instructions) shall be permitted for each drive-through lane in addition to signs and sign area otherwise permitted. Such sign shall not exceed forty (40) square feet in area and six (6) feet in height and shall meet setback regulations applicable to free-standing identification signs (as specified in division (c) of this section). (g) Regulations for Larger Projecting Signs. A projecting sign may exceed the otherwise maximum permitted size of twelve (12) square feet and the otherwise maximum permitted projection of four (4) feet from a build- ing wall if such sign meets the following standards: (1) Such sign shall be set back from the closest interior side lot line and the closest tenant party wall line at least one (1) foot for each one (1) square foot of sign area. (2) Such sign shall in no case exceed thirty-six (36) square feet in area nor eight (8) feet in projection from the building wall and shall be set back at least two (2) feet from the outer edge of any street curb. (3) No Building Permit shall be issued for such sign without approval of the City Planning Commission, which shall consider the design quality of the sign and its compatibility with the design character of the subject prop- erty and surrounding properties. In addition to considering such general design factors as placement, proportions, color, materials, and consistency with signs to be seen as a series, the City Planning Commission may specifi- cally require use of non-rectangular, custom-shaped panels, exposed neon or reflected lighting, unobtrusive sup- port structures, narrow-profile sign cabinets, or other design features necessary to ensure that a larger project- ing sign will enhance the appearance of the building on which it is placed and the district in which it is locat- ed. (4) At least five (5) working days prior to the City Planning Commission meeting at which approval under the regulations of this division will be considered, written notice shall be provided to the City Council member in whose ward the proposed sign is to be located. (h) Supplemental Regulations. Signs in Retail Districts shall also conform to regulations of Section 350.20. Section 2. That existing Section 350.14 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordi- nance No. 3076-A-89, passed December 10, 1990, is hereby repealed. Section 3. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed June 10, 1996. Effective June 19, 1996.

Ord. No. 649-96. Section 1. That Section 6 of Ordi- November 22, 1993, as amended by By Councilmen Smith, Jackson nance No. 2122-93, passed November Ordinance No. 2154-95, passed and Rokakis (by departmental 22, 1993, as amended by Ordinance December 18, 1995, is hereby request). No. 2154-95, passed December 18, re p e a l e d . An emergency ordinance to amend 1995, is hereby amended to read as Section 3. That this ordinance is Section 6 of Ordinance No. 2122-93, follows: hereby declared to be an emergency passed November 22, 1993, as amend- Section 6. That the costs of said measure and, provided it receives ed by Ordinance No. 2154-95, passed contract shall not exceed Two Hun- the affirmative vote of two-thirds of December 18, 1995, relating to an off dred and Sixty Thousand Dollars all the members elected to Council, street parking facility at West 26th it shall take effect and be in force Street and Market Avenue. ($260,000.00) and shall be paid from Whereas, this ordinance consti- Fund No. 17 SF 008, and from any immediately upon its passage and tutes an emergency measure pro- future community development approval by the Mayor; otherwise it viding for the usual daily operation block grant funds and UDAG repay- shall take effect and be in force of a municipal department; now, ment funds which are appropriated from and after the earliest period therefore, to pay the costs of said contract. allowed by law. Be it ordained by the Council of Section 2. That existing Section 6 Passed June 10, 1996. the City of Cleveland: of Ordinance No. 2122-93, passed Effective June 19, 1996. 1212 June 19, 1996 The City Record 83

Ord. No. 650-96. * - AT THIS POINT THE CABLE Rd. to pole #205959 at Riveredge By Councilmen Zone, Miller and SPLITS IN and Lorain Rd.; thence underground McGuirk (by request). TWO DIRECTIONS: northwesterly across Lorain Rd. An emergency ordinance autho- Continuing north from pole Bridge to Fairview Park. rizing the Director of Public Service #319701 at the corner of Viola Ave. Section 2. That said Coaxial and to issue a permit to Cox Cable and W. 140th St. on the east side of Fiber Optic Cables are to be placed Cleveland Area, Inc., to construct W. 140th to pole #806012 at Sacra- in the public rights-of-way at the coaxial and fiber optic cables which mento Ave. and W. 140th; thence locations as aforesaid, and shall be will encroach into the right-of-way crossing northwesterly to the west constructed in accordance with of certain streets in the City of side of W. 140th to pole #319394; plans and specifications approved Cleveland. thence north on W. 140th on the by the Commissioner of Engineering Whereas, this ordinance consti- west side of W. 140th across Lorain and Construction. tutes an emergency measure pro- Rd. and continuing north on W. Section 3. That the permit herein viding for the usual daily operation 140th on the west side of W. 140th; authorized shall be prepared by the of a municipal department; now, continuing north on W. 140th across Director of Law and shall be issued therefore, the Conrail and RTA tracks along- only when, in the opinion of the Be it ordained by the Council of side the W. 140th St. Bridge to Gra- Director of Law, the City of Cleve- the City of Cleveland: matan Ave. at the southwest corner land has been properly indemnified Section 1. That the Director of of Gramatan Ave. and the service against any and all loss which may Public Service hereby is authorized road of the west side along W. result from said permit. to issue a permit, revocable at the 140th; thence north on the service Section 4. That this ordinance is will of Council, and assignable by road and back onto W. 140th St. at hereby declared to be an emergency the Permittee with consent of the the corner of Cayuga Ct. and W. measure and, provided it receives Director of Public Service, to Cox 140th St. at pole #310301; thence the affirmative vote of two-thirds of Cable Cleveland Area, Inc., a north on W. 140th on the west side all the members elected to Council, Delaware Corporation, located at of W. 140th to the northwest corner it shall take effect and be in force 12221 Plaza Drive, Parma, Ohio of W. 140th and Triskett Rd. at pole immediately upon its passage and 44130; its successors and assigns, for #530501; thence east on Triskett Rd. approval by the Mayor; otherwise it the construction, use and mainte- on the north side of the street to shall take effect and be in force nance of Coaxial and Fiber Optic pole #318723 at the northwestern from and after the earliest period Cables, which will encroach into the corner of Triskett and W. 139th St.; allowed by law. public rights-of-way of certain thence north on W. 139th on the east Passed June 10, 1996. streets in the City of Cleveland side of the street to pole #609216 at Effective June 19, 1996. along West 130th Street, Bellaire the northeast corner of W. 139th and Road, West 134th Street, Harold the RTA access road; thence east on the RTA access road to pole Avenue, West 140th Street, Viola Ord. No. 703-96. Avenue, West 143rd Street, Chatfield #313274; thence north along the W. 139th St. rear easement to pole By Councilmen Jackson and Avenue, Rocky River Drive, Lorain Rokakis (by departmental request). Avenue, Triskett Road, and West #319028 at the south side of Joslyn Ave. rear easement; thence east An emergency ordinance autho- 139th Street at the locations more rizing the Director of Community fully described as follows: along the south side of Joslyn Ave. rear easement to pole #319030 at the Development to enter into a contract with Cleveland Housing Network, or COX CABLE FIBER RTA access road; thence northeast- its designee, for the acquisition and OPTIC ROUTE/ erly along the RTA access road in rehabilitation of low income hous- CITY OF CLEVELAND the rear easement of Joslyn Ave. to ing units. CDBG Year XXII. Situated in the City of Cleveland, the southwestern corner of Lake- Whereas, this ordinance consti- County of Cuyahoga and State of wood Hts. Blvd. and RTA access tutes an emergency measure pro- Ohio and bounded and described as road. viding for the usual daily operation follows: Beginning at the northwest corner * - From the previously noted split of a municipal department; now, of W. 130th Street and Brookpark point at pole #319701 at the north- therefore, Road Pole #30402; thence north on east corner of W. 140th and Viola Be it ordained by the Council of W. 130th on the west side of the Ave. going west on Viola Ave. on the City of Cleveland: street to pole #695105 south of Con- the north side of the street to the Section 1. That the Director of rail Bridge; thence to the east side southwest corner of W. 143rd St. and Community Development is hereby of W. 130th to pole #715130; thence Viola at pole #531193; thence north authorized to enter into contract underground north on W. 130th to on W. 143rd on the west side of the with Cleveland Housing Network, or its designee, for the acquisition and pole #546679 on the east side of W. street to pole #549850 at the PPG rehabilitation of approximately one 130th continuing north on the east Industries south entrance road; hundred and forty (140) units of low side of W. 130th to pole #538310 at thence west along PPG Industries income housing. Bellaire Road; thence northwesterly south road (which is rear easement Section 2. That the cost of said to the southwestern corner of Bel- of Fairlawn Ave.) to pole #329918; laire and W. 130th; thence west to contract shall be in an amount not thence southwesterly on the east to exceed $2,400,000.00, and shall be pole #816921; thence crossing to the side of Conrail tracks to pole north side of Bellaire at pole #EO- paid from Fund Nos. 13 SF 815 and #638433; thence across the Conrail 13 SF 855, Request No. 22362. 22-8; thence west on Bellaire to pole tracks to pole #639551 on the west #EO-22-13 at Sherry Avenue; thence Section 3. That this ordinance is side of the Conrail tracks behind hereby declared to be an emergency northwesterly to the southeast cor- Red Seal Ind. (3835 W. 150th St.); ner of Sherry Avenue and W. 134th measure and, provided it receives thence southwesterly along the Con- the affirmative vote of two-thirds of St. at pole #524911; thence to the rail tracks and behind Safe-Pro Ind. west side of W. 134th St. at pole all the members elected to Council, (3865), Kiffer Inc. (3871), Reserve it shall take effect and be in force #14970; thence north on W. 134th to Inc. (3891), and Cleveland Wood the northwestern corner of Harold immediately upon its passage and Products (3881) W. 150th St. to pole Ave. and W. 134th St.; thence west approval by the Mayor; otherwise it on Harold Ave. on the north side of #659021 at Chatfield Ave.; thence shall take effect and be in force the street to pole #528700; thence southwesterly on Chatfield under from and after the earliest period southwesterly to the southeastern W. 150th St. on the south side of the allowed by law. corner of Harold and W. 137th; street; thence west to pole #316221 Passed June 10, 1996. thence north to pole #530849 at on Chatfield Ave.; thence across Effective June 19, 1996. Brookside and Harold Ave.; thence Chatfield to the north side of the west on Harold on the north side of street at W. 151st St.; thence west the street to the northeastern corner on the north side of Chatfield to Ord. No. 704-96. of W. 140th St. and Harold at pole pole at 15300 Chatfield; thence By Councilmen Jackson and #812035; thence north on West 140th across the street to the south side Rokakis (by departmental request). St. on the east side of the street to of Chatfield at pole #308174; thence An emergency ordinance autho- pole #649593; thence north to the west on Chatfield on the south side rizing the Director of Aging to west side of W. 140th Street over of the street to the southeast corner expend Community Development Interstate 71 north to pole #649794; of Chatfield and Rocky River Dr. Block Grant funds for the Senior thence to the east side of W. 140th (pole #308888); thence north on Homeowners Assistance Program to pole #647371; thence north on W. Rocky River Dr. on the east side of and the CHORE Program. CDBG 140th Street on the east side of the the street to the southeast corner of Year XXII. street to the northeast corner of W. Lorain Rd. and Rocky River Dr. at Whereas, this ordinance consti- 140th and Viola at pole #319701. pole #643854; thence west on Lorain tutes an emergency measure pro- 1213 84 The City Record June 19, 1996 viding for the usual daily operation or local development corporations shall be paid from Fund Nos. 14 SF of a municipal department; now, and private for profit entities and to 020, 14 SF 021 and 14 SF 022. therefore, enter into or amend memorandums Section 6. That the Director of Be it ordained by the Council of of understanding with various City Community Development is autho- the City of Cleveland: of Cleveland departments to imple- rized to accept program income and Section 1. That the Director of ment the City’s community develop- to deposit that program income in Aging is hereby authorized to ment programs and to expend funds Fund No. 14 to be used as a revolv- expend Community Development for the operation of programs ing fund to finance the eligible NDA Block Grant funds in the amount of administered by the Department of programs that generated the pro- Ninety-Eight Thousand Dollars Community Development. CDBG gram income. ($98,000.00), from Fund No. 14 SF Years, XX, XXI, XXII. Section 7. That the Director of 022 Request No. 22365, for the Senior Whereas, the City of Cleveland Community Development is autho- Homeowners Assistance Program has received a Community Develop- rized to enter into or amend con- (“SHAP”) and the CHORE Program ment Block Grant, Year XXII, from tracts with the entities administer- in conjunction with the Community the United States Government; and ing the NDA program that generat- ed the program income in an Development Block Grant Program, Whereas, the Council of the City amount not to exceed that generat- Year XXII. of Cleveland has approved the Year XXII Community Development ed program income and to expend Section 2. That Director and the funds for the programs adminis- Director of Community Development Block Grant Plan as set forth in File No. 138-96-A, pursuant to Ordi- tered by the Department of Com- are hereby authorized to memorial- munity Development that generated nance No. 138-96, passed March 11, ize said expenditure through a mem- program income in an amount not orandum of understanding. 1996; and to exceed that generated program Section 3. That this ordinance is Whereas, in prior Block Grant income, all to be paid from the hereby declared to be an emergency years, the Council has approved revolving fund in Fund 14. measure and, provided it receives Block Grant Plans; and Section 8. That this ordinance is the affirmative vote of two-thirds of Whereas, the Block Grant Plans hereby declared to be an emergency all the members elected to Council, as approved commit funds to Neigh- measure and, provided it receives it shall take effect and be in force borhood Development Activities the affirmative vote of two-thirds of immediately upon its passage and (“NDA”), which are CDBG eligible all the members elected to Council, approval by the Mayor; otherwise it activities proposed by the various it shall take effect and be in force shall take effect and be in force Council members; and immediately upon its passage and from and after the earliest period Whereas, this ordinance consti- approval by the Mayor; otherwise it allowed by law. tutes an emergency measure pro- shall take effect and be in force Passed June 10, 1996. viding for the usual daily operation from and after the earliest period Effective June 19, 1996. of a municipal department; now, allowed by law. therefore, Passed June 10, 1996. Be it ordained by the Council of Effective June 19, 1996. Ord. No. 705-96. the City of Cleveland: By Councilmen Jackson and Section 1. That the Director of Rokakis (by departmental request). Community Development, after Ord. No. 714-96. An emergency ordinance autho- receiving the approval stated in Sec- By Councilman Paulenske (by rizing the Director of Community tion 4 below, is authorized to enter request). Development to enter into a contract into or amend contracts with vari- An emergency ordinance autho- with Cleveland Action to Support ous social services agencies, com- rizing the Director of Public Service Housing (CASH) for administrative munity development or local devel- to issue a permit to The Playhouse costs to implement housing rehabil- opment corporations and private for Square Foundation to encroach into itation, new housing construction profit entities for activities and pro- the public right-of-way of Huron and commercial redevelopment loan grams that are eligible under the Road S.E. at East 14th Street and programs. CDBG Year XXII. Community Development Block Euclid Avenue with a Public Plaza Whereas, this ordinance consti- Grant (“CDBG”) Program and are and a Concession Stand. tutes an emergency measure pro- consistent with the City’s Communi- Whereas, this ordinance consti- viding for the usual daily operation ty Development objectives and poli- tutes an emergency measure pro- of a municipal department; now, cies. viding for the usual daily operation therefore, Section 2. That the Director of of a municipal department; now, Be it ordained by the Council of Community Development, after therefore, the City of Cleveland: receiving the approval stated in Sec- Be it ordained by the Council of Section 1. That the Director of tion 4 below, is authorized to enter the City of Cleveland: Community Development is hereby into or amend memorandums of Section 1. That the Director of authorized to enter into contract understanding with various City Public Service hereby is authorized with Cleveland Action to Support departments to implement activities to issue a permit, revocable at the Housing (CASH) for administrative and programs that are eligible will of Council, and assignable by costs to implement housing rehabil- under the CDBG Program and are the Permittee with consent of the Director of Public Service, to The itation, new housing construction consistent with the City’s Communi- Playhouse Square Foundation, 1501 and commercial redevelopment loan ty Development objectives and poli- Euclid Avenue, Suite #810, Cleve- programs in the City of Cleveland, cies. land, Ohio 44115; its successors and for administrative costs. Section 3. That the Director of Community Development, after assigns, for the construction, use Section 2. That the cost of said and maintenance of a Public Plaza contract shall be in an amount not receiving the approval stated in Sec- tion 4 below, is authorized to and a Concession Stand, which will to exceed $480,000.00, and shall be encroach into the public right-of- paid from Fund Nos. 14 SF 021 and expend NDA funds for the operation of programs administered by the way of Huron Road S.E., and other 14 SF 022, Request No. 22366. Department of Community Develop- streets, at the locations more fully Section 3. That this ordinance is ment, including all related services, described as follows: hereby declared to be an emergency and to enter into contract under measure and, provided it receives those programs. PLAYHOUSE SQUARE the affirmative vote of two-thirds of Section 4. That prior to entering ENCROACHMENT AREA/ all the members elected to Council, into or amending those contracts or PUBLIC PLAZA & it shall take effect and be in force memorandums of understanding, or CONCESSION STAND immediately upon its passage and expending any funds, the Director Situated in the City of Cleveland, approval by the Mayor; otherwise it of Community Development shall County of Cuyahoga and State of shall take effect and be in force receive written approval from the Ohio and bounded and being part of from and after the earliest period Council member whose ward line Euclid Avenue, 99 feet wide; Huron allowed by law. item is to fund the activity or pro- Road S.E., 99 feet wide; East 14th Passed June 10, 1996. gram, provided that the amount for Street, 86 feet wide; and part of Effective June 19, 1996. such activity or program does not Huron Road S.E. as proposed to be exceed the amount allocated for the relocated; and part of Original Two Council member’s ward pursuant to Acre Lots Numbers 160 and 161, Ord. No. 706-96. the relevant Community Develop- together forming an area bounded By Councilmen Jackson and ment Block Grant plan. and described as follows: Rokakis (by departmental request). Section 5. That the cost of the con- Beginning in the Southeasterly An emergency ordinance autho- tracts, memorandums of under- line of Huron Road S.E. at its inter- rizing the Director of Community standing and expenditures for the section with the Southwesterly line Development to enter into or amend programs administered by the of East 14th Street: COURSE NO. 1: contracts with various social service Department of Community Develop- thence South 55°-39'-46" West along agencies, community development ment shall not exceed $6,300,000 and said Southeasterly line of Huron 1214 June 19, 1996 The City Record 85

Road S.E., and its Southwesterly whose chord bears South 66°-52'-18" Director of Law and shall be issued prolongation, 406.66 feet to its inter- East, 20.34 feet to a point of com- only when, in the opinion of the section with the Northeasterly face pound curvature therein; COURSE Director of Law, the City of Cleve- of the curb line of East 12th Street; NO. 16: thence continuing South- land has been properly indemnified COURSE NO. 2: thence North 34°-19'- easterly along the curved South- against any and all loss which may 14" West along said face of curb westerly face of curb line of East result from said permit. line of East 12th Street, 13.06 feet to 14th Street, being the arc of a cir- the point of curvature of the turn- cle deflecting to the right an arc Section 5. That this ordinance is out between said face of the curb distance of 6.66 feet, having a hereby declared to be an emergency line and the Southeasterly face of radius of 17.50 feet whose chord measure and, provided it receives the curb line of said Huron Road bears South 45°-15'-31" East. 6.62 the affirmative vote of two-thirds of S.E.; COURSE NO. 3: thence North- feet to a point of tangency therein; all the members elected to Council, easterly along said curved face of COURSE NO. 17: thence South 34°- it shall take effect and be in force the curb line, being along the arc of 21'-06" East continuing along the immediately upon its passage and a circle deflecting to the right an Southwesterly face of the curb line approval by the Mayor; otherwise it arc distance of 21.18 feet, having a of East 14th Street, 10.50 feet to its shall take effect and be in force radius of 13.50 feet whose chord intersection with the Northeasterly from and after the earliest period bears North 10°-37'-26" East, 19.07 prolongation of the Southeasterly allowed by law. feet to a point of tangency in said line of said Huron Road S.E.; Southeasterly face of the curb line COURSE NO. 18: thence South 55°- Passed June 10, 1996. of Huron Road S.E.; thence in a 39'-46" West along said Northeast- Effective June 19, 1996. generally Northeasterly direction erly prolongation of the Southeast- along the face of the curb line of erly line of said Huron Road S.E., Huron Road S.E. the following 12.82 feet to the place of beginning, Ord. No. 716-96. courses and distances; COURSE NO. excepting from the above described By Councilmen Polensek and 4: thence North 55°-34'-05" East, area the “Playhouse Square Lease Rokakis (by departmental request). 44.47 feet to a point of curvature Parcel” according to a survey by An emergency ordinance autho- therein; COURSE NO. 5: thence Garrett and Associates, Inc. Regis- rizing the Director of Public Safety Northeasterly along the arc of a cir- tered Engineers and Surveyors, to enter into contract without com- cle deflecting to the left an arc dis- made on March 22, 1996, be the same tance of 12.85 feet, having a radius more or less. petitive bidding with North Ameri- of 55.50 feet whose chord bears Section 2. That this is a Public can Morpho Systems, Inc. for the North 48°-56'-03" East, 12.82 feet to Plaza with a Permanent Concession lease of an Automated Fingerprint a point of compound curvature Stand; and, System (AFIS) for the Division of therein; COURSE NO. 6: thence con- That the Concession Stand will be Police, Department of Public safety. tinuing Northeasterly along the arc open for free sale to the general Whereas, this ordinance consti- of a circle deflecting to the left an public of their wares during the tutes an emergency measure pro- arc distance of 28.60 feet, having a entire calendar year, rather than on viding for the usual daily operation radius of 600.00 feet whose chord a seasonal operation basis; and, of a municipal department; now, bears North 40°-56'-06" East, 28.59 That The Playhouse Square Foun- therefore, feet to a point of compound curva- dation (as Permittee) along with Be it ordained by the Council of ture therein; COURSE NO. 7: thence the Concession Stand and Plaza continuing Northeasterly along the (operators and/or owners as the City of Cleveland: arc of a circle deflecting to the left Assignee of the Permittee), assumes Section 1. That it is hereby deter- an arc distance of 26.07 feet, having full responsibility for maintaining mined that the within goods and a radius of 76.00 feet whose chord the high standards required by the services are non-competitive and bears North 29°-44'-31" East, 25.94 City of Cleveland for clean-ups of cannot be secured from any source feet to a point of compound curva- said Concession Stand and Plaza other than North American Morpho ture therein; COURSE NO. 8: thence Area during their operation at Spe- Systems, Inc. Therefore, the Direc- continuing Northerly along the arc cial Events, as well as all other tor of Public Safety is hereby autho- of a circle deflecting to the left an times during the calendar year; and, rized to make a written contract arc distance of 29.33 feet, having a That the Concession Stand’s sales with North American Morpho Sys- radius of 170.00 feet whose chord are for foods, and the limited sale tems, Inc. for the lease and mainte- bears North 14°-58'-20" East, 29.29 of beer and wine; as this legislation feet to a point of compound curva- does not give any permission to that nance of an Automated Fingerprint ture therein; COURSE NO. 9: thence effect, but hereby states that it is System (“AFIS”) for a period not continuing Northerly along the arc the responsibility of the Permittee exceeding five years, with the of a circle deflecting to the left an to secure appropriate licenses for all option to purchase the system at arc distance of 37.93 feet, having a of the aforesaid, which must be any time during the term. The lease radius of 115.00 feet whose chord obtained through the other City of shall be prepared by the Director of bears North 0°-34'-50" East, 37.76 Cleveland Departments’ whose juris- Law on the general basis of the pro- feet to a point of tangency therein; diction is the responsibility thereof; posal of the vendor dated November COURSE NO. 10: thence North 8°-52'- and, 13, 1996, and shall contain such pro- 09" West, 22.61 feet to a point of cur- That the City of Cleveland visions as are necessary, in the vature therein; COURSE NO. 11: reserves the right to approve or dis- opinion of the Directors of Public thence continuing Northeasterly approve any further encroach- Safety and Law, to protect the inter- along the arc of a circle deflecting ment(s) for Sidewalk Cafe(s) with ests of the City. to the right an arc distance of 39.65 appurtenances thereto belonging in feet, having a radius of 29.38 feet said Plaza Area; and states that no Section 2. That the Safety Direc- whose chord bears North 29°-47'-28" permission is granted herein for tor is hereby encouraged to consult East, 36.71 feet to a point of tan- said Concession Stand and Public with local and regional law enforce- gency therein; COURSE NO. 12: Plaza; and, ment officials, including but not thence North 68°-27'-00" East, 1.26 That any “Public Art” must be limited to the Sheriff of Cuyahoga feet to its intersection with the reviewed and also approved as County, the Cuyahoga County Police Southerly face of the curb line of appropriate for public display by Chiefs’ Association, and appropriate Euclid Avenue; COURSE NO 13: the Directors of Service; Parks, representatives of neighboring coun- thence North 79°-35'-31" East along Recreation and Properties; and the ties, to explore sharing the said Southerly face of the curb line Mayor’s Streetscape Committee, and of Euclid Avenue, 170.95 feet to a resources and costs of this program. That The City further requires point of curvature therein; COURSE Section 3. The cost of said con- that any revenue developed from NO. 14: thence Easterly continuing tract shall be charged against Fund along the curved Southerly face of the Park Property Area shall also 10 SF 006. (RL 20033) the curb line of Euclid Avenue, be used for the maintenance of the Section 4. That this ordinance is being along the arc of a circle Public Plaza and Concession Stand hereby declared to be an emergency deflecting to the right an arc dis- Property Area. measure and, provided it receives Section 3. That said Plaza and tance of 51.26 feet, having a radius the affirmative vote of two-thirds of Concession Stand shall be placed in of 128.64 feet whose chord bears all the members elected to Council, South 88°-59'-32" East, 50.92 feet to the public right-of-way at the loca- tions as aforesaid in Section 1., it shall take effect and be in force a point of compound curvature immediately upon its passage and therein; COURSE NO. 15: thence supra; and shall be constructed in Southeasterly continuing along the accordance with plans and specifi- approval by the Mayor; otherwise it curved Southeasterly face of the cations approved by the Commis- shall take effect and be in force curb line of Euclid Avenue, being sioner of Engineering and Con- from and after the earliest period along the arc of a circle deflecting struction. allowed by law. to the right an arc distance of 20.46 Section 4. That the permit herein Passed June 10, 1996. feet, having a radius of 54.76 feet authorized shall be prepared by the Effective June 19, 1996. 1215 86 The City Record June 19, 1996

Ord. No. 718-96. Ord. No. 756-96. Economic Development is hereby By Councilmen White, Robinson By Councilmen Coats and Rokakis authorized to enter into a contract and Rokakis (by departmental (by departmental request). with Cleveland Recycling Center, or request). An emergency ordinance autho- its designee, to provide economic An emergency ordinance autho- rizing and directing the purchase by development assistance to partially rizing the Director of Public Health requirement contract of tire repair finance the acquisition of machin- to enter into contract with Union- road service, for the Division of ery and equipment and to relocate Miles Development Corp. for the Motor Vehicle Maintenance, Depart- their facility to 300 East 131st Street implementation of the Lead-based ment of Public Service. from 3939 Payne Avenue, Cleveland, Paint Abatement on Low and Mod- Whereas, this ordinance consti- Ohio. erate Income Private Housing Pro- tutes an emergency measure pro- Section 2. That the term of said gram. viding for the usual daily operation loan shall be in accordance with the Whereas, pursuant to Ordinance of a municipal department; now, No. 909-93, Council authorized the terms as set forth in the Executive therefore, Summary contained in File No. 757- Director of Public Health to apply Be it ordained by the Council of 96-A. for and accept a grant from the U.S. the City of Cleveland: Department of Housing and Urban Section 1. That the Director of Section 3. That the costs of said Development (“HUD”) to conduct Public Service is hereby authorized contract shall not exceed Two Hun- the Lead-based Paint Abatement on and directed to make a written dred Thousand Dollars Dollars Low and Moderate Income Private requirement contract in accordance ($200,000.00), and shall be paid from Housing Program; and with the Charter and the Codified Fund No. 17 SF 008, Request No. Whereas, this ordinance consti- Ordinances of Cleveland, Ohio, 1976, 22411. tutes an emergency measure pro- for the requirements for the period Section 4. That the Director of viding for the usual daily operation of one year for the necessary items Economic Development is hereby of a municipal department; now, of tire repair road service in the authorized and directed to accept therefore, approximate amount as purchased the collateral as set forth in the Be it ordained by the Council of during the preceding year, to be Executive Summary contained in the City of Cleveland: purchased by the Commissioner of the file referenced in Section 2 of Section 1. That the Director of Purchases and Supplies upon a unit this ordinance in order to secure Public Health is hereby authorized basis for the Division of Motor Vehi- repayment of said loan. Any securi- to enter into contract with Union- cle Maintenance, Department of ty instrument shall be prepared and Miles Development Corp. for profes- Public Service. Bids shall be taken approved by the Director of Law. sional services necessary to imple- in such manner as to permit an Section 5. That the Director of ment said program by managing the award to be made for all items as Economic Development is hereby provision of low level lead abate- authorized to accept monies in ment services in not to exceed one a single contract, or by separate repayment of the loan and to hundred (100) residences in the contract for each or any combina- Miles Park Statistical Planning tion of said items as the Board of deposit said monies in Fund No. 17 Area, in accordance with the terms Control shall determine. Alternate SF 006. of the HUD grant. Said contract bids for a period less than a year Section 6. That the Director of shall be prepared by the Director of may be taken if deemed desirable Economic Development is hereby Law and shall provide for compen- by the Commissioner of Purchases authorized to charge and accept sation in an amount not to exceed and Supplies until provision is made fees in an amount not to exceed the $408,000, payable from Fund No. 13 for the requirements for the entire maximum allowable under federal SF 360, for the Division of Environ- year. regulations and expend such fees to ment, Department of Public Health. Section 2. The cost of said con- cover costs incurred in the prepara- Section 2. That the Director of tract shall be charged against the tion of the loan application, closing Public Health is hereby authorized proper appropriation account and and servicing of the loan. Such fees and directed to make a written con- the Director of Finance shall certi- shall be deposited to and expended tract or contracts in accordance fy thereon the amount of the initial from Fund No. 17 SF 305, Loan Fees with the Charter and the Codified purchase thereunder, which pur- Fund. Ordinances of Cleveland, Ohio, 1976, chase, together with all subsequent Section 7. That the Director of for each or all of the following purchases, shall be made on order Law is hereby authorized to prepare items:low level lead hazard abate- of the Commissioner of Purchases said contract and such other docu- ment, including soil remediation, in and Supplies pursuant to a requisi- ments as may be appropriate to not to exceed one hundred (100) res- tion against such contract duly cer- complete the transaction. idences in the Miles Park Statistical tified by the Director of Finance. Section 8. That this ordinance is Planning Area, to be purchased by (RL 21044) hereby declared to be an emergency the Commissioner of Purchases and Section 3. That this ordinance is measure and, provided it receives Supplies for the Division of Envi- hereby declared to be an emergency the affirmative vote of two-thirds of ronment, Department of Public measure and, provided it receives Health. Notwithstanding and as all the members elected to Council, the affirmative vote of two-thirds of it shall take effect and be in force exception to Chapter 181 of the Cod- all the members elected to Council, ified Ordinances of the City of immediately upon its passage and it shall take effect and be in force approval by the Mayor; otherwise it Cleveland, the Commissioner of Pur- immediately upon its passage and shall take effect and be in force chases and Supplies is hereby autho- approval by the Mayor; otherwise it from and after the earliest period rized to procure the low level lead shall take effect and be in force allowed by law. hazard abatements to be purchased from and after the earliest period hereunder using competitive proce- allowed by law. Passed June 10, 1996. dures alternative to formal compet- Passed June 10, 1996. Effective June 19, 1996. itive bidding, but in all cases for Effective June 19, 1996. the best price obtainable in the mar- ket, provided that the cost of such Ord. No. 758-96. abatements shall not exceed $10,000 Ord. No. 757-96. By Councilmen Jackson and each, and further provided that the By Councilmen Jackson and Rokakis (by departmental request). approval of the Director of Finance Rokakis (by departmental request). An emergency ordinance autho- is first obtained. rizing the Director of Economic Section 3. That the cost of the An emergency ordinance autho- rizing the Director of Economic Development to enter into a contract lead hazard abatement contracts with Triad Partners Limited, or its authorized under Section 2 hereof Development to enter into a contract with Cleveland Recycling Center, or designee, to provide economic devel- shall be paid from Fund No. 13 SF opment assistance to partially 360. its designee, to provide economic Section 4. That this ordinance is development assistance to partially finance the acquisition and con- hereby declared to be an emergency finance the acquisition of machin- struction of a corporate headquar- measure and, provided it receives ery and equipment and to relocate ters for Federal Graphics, Inc., the affirmative vote of two-thirds of their facility to East 131st Street, Cleveland, Ohio. all the members elected to Council, Cleveland, Ohio. Whereas, this ordinance consti- it shall take effect and be in force Whereas, this ordinance consti- tutes an emergency measure pro- immediately upon its passage and tutes an emergency measure pro- viding for the usual daily operation approval by the Mayor; otherwise it viding for the usual daily operation of a municipal department; now, shall take effect and be in force of a municipal department; now, therefore, from and after the earliest period therefore, Be it ordained by the Council of allowed by law. Be it ordained by the Council of the City of Cleveland: Passed June 10, 1996. the City of Cleveland: Section 1. That the Director of Effective June 19, 1996. Section 1. That the Director of Economic Development is hereby 1216 June 19, 1996 The City Record 87 authorized to enter into a contract ter and the Codified Ordinances of the affirmative vote of two-thirds of with Triad Partners Limited, or its Cleveland, Ohio, 1976, for the all the members elected to Council, designee, to provide economic devel- requirements for the period of three it shall take effect and be in force opment assistance to partially years for the necessary items of var- immediately upon its passage and finance the acquisition and con- ious electrical supplies, materials, approval by the Mayor; otherwise it struction of a corporate headquar- and equipment, including installa- shall take effect and be in force ters for Federal Graphics, Inc., tion, if necessary, at various City from and after the earliest period located at 4640 State Road, Cleve- facilities in the approximate amount allowed by law. land, Ohio. as purchased during the preceding Passed June 10, 1996. Section 2. That the term of said term, to be purchased by the Com- Effective June 19, 1996. loan shall be in accordance with the missioner of Purchases and Supplies terms as set forth in the Executive upon a unit basis for the Division Summary contained in File No. 758- of Property Management, Depart- Ord. No. 761-96. 96-A. ment of Parks, Recreation and Prop- By Councilmen Johnson and Section 3. That the costs of said erties. Bids shall be taken in such Rokakis (by departmental request). contract shall not exceed Two Hun- manner as to permit an award to be An emergency ordinance autho- dred Five Thousand Dollars made for all items as a single con- rizing and directing the purchase by ($205,000.00), and shall be paid from tract, or by separate contract for requirement contract of graffiti Fund Nos. 12 SF 954 and 17 SF 008, each or any combination of said removal services, including but not Request No. 22410. items as the Board of Control shall limited to city buildings, monu- determine. Alternate bids for a peri- ments, parks and playground equip- Section 4. That the Director of od less than three years may be ment, for the Division of Property Economic Development is hereby taken if deemed desirable by the Management, Department of Parks, authorized and directed to accept Commissioner of Purchases and Sup- Recreation and Properties, for a the collateral as set forth in the plies until provision is made for the period not to exceed three years. Executive Summary contained in requirements for the entire three Whereas, this ordinance consti- the file referenced in Section 2 of years. tutes an emergency measure pro- this ordinance in order to secure Section 2. The cost of said con- viding for the usual daily operation repayment of said loan. Any securi- tract shall be charged against the of a municipal department; now, ty instrument shall be prepared and proper appropriation account and therefore, approved by the Director of Law. the Director of Finance shall certi- Be it ordained by the Council of Section 5. That the Director of fy thereon the amount of the initial the City of Cleveland: Economic Development is hereby purchase thereunder, which pur- Section 1. That the Director of authorized to accept monies in chase, together with all subsequent Parks, Recreation and Properties, repayment of the loan and to purchases, shall be made on order is hereby authorized and directed to deposit said monies in Fund Nos. 12 of the Commissioner of Purchases make a written requirement con- SF 958 and 17 SF 006. and Supplies pursuant to a requisi- tract in accordance with the Char- Section 6. That the Director of tion against such contract duly cer- ter and the Codified Ordinances of Economic Development is hereby tified by the Director of Finance. Cleveland, Ohio, 1976, for the authorized to charge and accept (RL 20317) fees in an amount not to exceed the requirements for the period of three maximum allowable under federal Section 3. That this ordinance is years for the necessary items of regulations and expend such fees to hereby declared to be an emergency graffiti removal services, including cover costs incurred in the prepara- measure and, provided it receives applying paint, asphalt sealer, and tion of the loan application, closing the affirmative vote of two-thirds of other coatings, preventers, removers and servicing of the loan. Such fees all the members elected to Council, and other necessary items for City shall be deposited to and expended it shall take effect and be in force properties, including but not limited from Fund No. 17 SF 305, Loan Fees immediately upon its passage and to buildings, monuments, parks and Fund. approval by the Mayor; otherwise it playground equipment in the Section 7. That the Director of shall take effect and be in force approximate amount as purchased Law is hereby authorized to prepare from and after the earliest period during the preceding term, to be said contract and such other docu- allowed by law. purchased by the Commissioner of ments as maybe appropriate to com- Passed June 10, 1996. Purchases and Supplies upon a unit plete the transaction. Effective June 19, 1996. basis for the Division of Property Section 8. That this ordinance is Management, Department of Parks, hereby declared to be an emergency Recreation and Properties. Bids measure and, provided it receives Ord. No. 760-96. shall be taken in such manner as to the affirmative vote of two-thirds of By Councilmen Johnson and permit an award to be made for all all the members elected to Council, Rokakis (by departmental request). items as a single contract, or by sep- it shall take effect and be in force An emergency ordinance autho- arate contract for each or any com- immediately upon its passage and rizing the Director of Parks, Recre- bination of said items as the Board approval by the Mayor; otherwise it ation and Properties to enter into an of Control shall determine. Alter- shall take effect and be in force agreement with Neighborhood Cen- nate bids for a period less than from and after the earliest period ters Association to implement edu- three years may be taken if deemed allowed by law. cational, recreational and cultural desirable by the Commissioner of Passed June 10, 1996. programs in various school build- Purchases and Supplies until provi- Effective June 19, 1996. ings during evening hours. sion is made for the requirements Whereas, this ordinance consti- for the entire three years. tutes an emergency measure pro- Section 2. The cost of said con- Ord. No. 759-96. viding for the usual daily operation tract shall be charged against the By Councilmen Johnson and of a municipal department; now, proper appropriation account and Rokakis (by departmental request). therefore, the Director of Finance shall certi- An emergency ordinance autho- Be it ordained by the Council of fy thereon the amount of the initial rizing and directing the purchase by the City of Cleveland: purchase thereunder, which pur- requirement contract of various Section 1. That the Director of chase, together with all subsequent electrical supplies, materials, and Parks, Recreation and Properties is purchases, shall be made on order equipment, including installation, if hereby authorized to enter into an of the Commissioner of Purchases necessary, at various City facilities, agreement with Neighborhood Cen- and Supplies pursuant to a requisi- for the Division of Property Man- ters Association to implement edu- tion against such contract duly cer- agement, Department of Parks, cational, recreational and cultural tified by the Director of Finance. Recreation and Properties, for a programs in various school build- (RL 20316) period not to exceed three years. ings during evening hours in accor- Section 3. That this ordinance is Whereas, this ordinance consti- dance with the recommendations hereby declared to be an emergency tutes an emergency measure pro- and pilot program proposed by the measure and, provided it receives viding for the usual daily operation schools as Neighborhood Resources the affirmative vote of two-thirds of of a municipal department; now, Committee of the Cleveland Summit all the members elected to Council, therefore, on Education, in an amount not to it shall take effect and be in force Be it ordained by the Council of exceed One Hundred Fifty Thou- immediately upon its passage and the City of Cleveland: sand Dollars ($150,000.00), payable approval by the Mayor; otherwise it Section 1. That the Director of from Fund No. 01-70-04-0380, Request shall take effect and be in force Parks, Recreation and Properties, No. 21400. from and after the earliest period is hereby authorized and directed to Section 2. That this ordinance is allowed by law. make a written requirement con- hereby declared to be an emergency Passed June 10, 1996. tract in accordance with the Char- measure and, provided it receives Effective June 19, 1996. 1217 88 The City Record June 19, 1996

Ord. No. 810-96. ter line of East 87th Street (for- by the Commissioner of Purchases By Councilmen Britt, Jackson, merly Vienna Street) 1403 feet and Supplies upon a unit basis for Rybka and Rokakis (by departmen- Southerly measured along said cen- the Division of Streets, Department tal request). ter line from its intersection with of Public Service. Bids shall be An emergency ordinance autho- the Southerly line of Cedar Avenue, taken in such manner as to permit rizing the sale of real property as S.E., thence Westerly at right an award to be made for all items part of the Land Reutilization Pro- angles 25 feet to the Westerly line as a single contract, or by separate gram and located at 2305-09 East of East 87th Street, and the princi- contract for each or any combina- 87th Street and 2292 East 87th Street pal place of beginning; thence West- tion of said items as the Board of to Fairfax Bicentennial Village erly at right angles to the Wester- Control shall determine. Alternate Development, Ltd. ly line of East 87th Street 149.35 bids for a period less than a year Whereas, the City of Cleveland feet; thence Southerly parallel with may be taken if deemed desirable has elected to adopt and implement the Westerly line of East 87th by the Commissioner of Purchases Street, 40 feet; thence Easterly and the procedures under Chapter 5722 and Supplies until provision is made parallel with the first described of the Ohio Revised Code to facili- for the requirements for the entire course 149.35 feet to the Westerly year. tate reutilization of nonproductive line of East 87th Street; thence lands situated within the City of Section 2. The cost of said con- Northerly along the Westerly line of tract shall be charged against the Cleveland; and East 87th Street 40 feet to the prin- proper appropriation account and Whereas, real property acquired cipal place of beginning and being the Director of Finance shall certi- under the City’s Land Reutilization further known as Sublot No. 30 in fy thereon the amount of the initial Program is acquired, held, adminis- Whitaker and Herboughs proposed purchase thereunder, which pur- tered and disposed of by the City of Allotment of part of Original One chase, together with all subsequent Cleveland through its Department Hundred Acre Lot No. 408, be the purchases, shall be made on order of Community Development under same more or less, but subject to all of the Commissioner of Purchases the terms of Chapter 5722 of the legal highways. and Supplies pursuant to a requisi- Ohio Revised Code and Section Section 3. That all documents tion against such contract duly cer- 183.021 of Codified Ordinances of the necessary to complete the con- tified by the Director of Finance. City of Cleveland, 1976; and veyance authorized by this ordi- (RL 21312) Whereas, this ordinance consti- nance shall be executed within six tutes an emergency measure pro- Section 3. That this ordinance is (6) months of the effective date of hereby declared to be an emergency viding for the usual daily operation this ordinance. If all of the docu- measure and, provided it receives of a municipal department; now, ments are not executed within six the affirmative vote of two-thirds of therefore, (6) months of the effective date of all the members elected to Council, Be it ordained by the Council of this ordinance, or such additional the City of Cleveland: it shall take effect and be in force time as may be granted by the immediately upon its passage and Section 1. That pursuant to Sec- Director of Community Develop- tion 183.021 of the Codified Ordi- approval by the Mayor; otherwise it ment, this ordinance shall be shall take effect and be in force nances of Cleveland, Ohio, 1976, the repealed and shall be of no further from and after the earliest period Commissioner of Purchases and Sup- force or effect. allowed by law. plies is hereby authorized to sell Section 4. That the consideration Permanent Parcel Nos. 119-32-111 Passed June 10, 1996. for the subject parcel shall be estab- Effective June 19, 1996. and 119-32-130, as more fully lished by the Board of Control and described in Section 2 below, to shall be not less than Fair Market Fairfax Bicentennial Village Devel- Value taking into account such opment, Ltd. Ord. No. 814-96. terms and conditions, restrictions By Councilmen Jackson and Section 2. That the real property and covenants as are deemed nec- to be sold pursuant to Section 1 of essary or appropriate. Rokakis (by departmental request). An emergency ordinance autho- this Ordinance is more fully Section 5. That the conveyance described as follows: authorized hereby shall be made by rizing the Director of Community official deed prepared by the Direc- Development to enter into contract P.P. No. 119-32-111 tor of Law and executed by the with Nolasco Housing Corporation, Situated in the City of Cleveland, Mayor on behalf of the City of or its designee, to provide financial County of Cuyahoga and State of Cleveland. The deed shall contain assistance in the form of a Commu- Ohio, and known as being part of such provisions as may be neces- nity Development Float Loan to par- Original One Hundred Acre Lot No. sary to protect and benefit the pub- tially finance the construction of a 408 and bounded and described as lic interest. new housing development. follows: Section 6. That this ordinance is Whereas, this ordinance consti- Beginning at the Southwest cor- hereby declared to be an emergency tutes an emergency measure pro- ner of Sublot No. 34 in White and measure and, provided it receives viding for the usual daily operation White’s Subdivision, as shown by the affirmative vote of two-thirds of of a municipal department; now, the recorded plat in Volume 11 of all the members elected to Council, therefore, Maps, Page 40 of Cuyahoga County it shall take effect and be in force Be it ordained by the Council of Records, which is also the South- immediately upon its passage and the City of Cleveland: easterly corner of land conveyed by approval by the Mayor; otherwise it Section 1. That the Director of Gordon Gray and wife, to Benton T. shall take effect and be in force Community Development is hereby Webber by deed dated September 12, from and after the earliest period authorized to enter into a Commu- 1887, and recorded in Volume 419, allowed by law. nity Development Float Loan Agree- Page 95 of Cuyahoga County Passed June 10, 1996. ment with Nolasco Housing Corpo- Records; thence Westerly along the Effective June 19, 1996. ration, or its designee, to provide Southerly line of land so conveyed financial assistance in the amount to Benton T. Webber about 165 feet of $425,000 to partially finance the to the Easterly line or East 87th Ord. No. 812-96. construction of a new housing devel- Street thence Northerly along said By Councilmen Coats and Rokakis opment located on West 69th Street Easterly line, 40 feet to the South- (by departmental request). and Father Caruso Drive. westerly corner of land conveyed to An emergency ordinance autho- Section 2. That the terms of said Marie Pfister, (single) to Fred rizing and directing the purchase by loan shall be determined by the Hampy by deed dated May 22, 1893, requirement contract of cold mix Director of Community Development and recorded in Volume 549, Page material, for the Division of Streets, in accordance with applicable fed- 139 of Cuyahoga County Records; Department of Public Service. eral regulations, State and local thence Easterly along the Southerly Whereas, this ordinance consti- law, and they are hereby authorized line of land so conveyed to Fred tutes an emergency measure pro- to amend said terms, from time to Hampy about 165 feet to the West- viding for the usual daily operation erly line of White and White’s Sub- time, as they deem necessary to of a municipal department; now, remain consistent with said laws division; thence Southerly along therefore, said Westerly line of White and Be it ordained by the Council of and regulations. White’s Subdivision 40 feet to the the City of Cleveland: Section 3. That the costs of said place of beginning, be the same Section 1. That the Director of contract shall be paid from Fund more or less, but subject to all legal Public Service is hereby authorized No. 14 SF 810, Request No. 22367. highways. and directed to make a written Section 4. That the Director of requirement contract in accordance Community Development is hereby P. P. No. 119-32-130 with the Charter and the Codified authorized to accept collateral as he Situated in the City of Cleveland, Ordinances of Cleveland, Ohio, 1976, shall deem adequate in order to County of Cuyahoga and State of for the requirements for the period secure repayment of said loan. Any Ohio, and known as being part of of one year for the necessary items and all security agreements or other Original One Hundred Acre Lot No. of cold mix material in the approx- agreements shall be prepared and 408 described as follows: imate amount as purchased during approved by the Director of Law. Beginning at a point in the cen- the preceding year, to be purchased Section 5. That the Director of 1218 June 19, 1996 The City Record 89

Community Development is hereby port revenue bonds issued for a pur- requirement contract of asphalt con- authorized to accept monies in pose which includes the above pro- crete and tack coat, including labor repayment of the loan and to ject, Request No. 20847. costs for delivery, spreading and deposit said monies in Fund No. 14 Section 3. That this ordinance is compacting, for the various divi- SF 810. hereby declared to be an emergency sions of the Department of Port Con- Section 6. That the Director of measure and, provided it receives trol. Community Development is hereby the affirmative vote of two-thirds of Whereas, this ordinance consti- authorized to charge and accept all the members elected to Council, tutes an emergency measure pro- fees in an amount not to exceed the it shall take effect and be in force viding for the usual daily operation maximum allowable under federal immediately upon its passage and of a municipal department; now, regulations and expend such fees to approval by the Mayor; otherwise it therefore, cover costs incurred in the prepara- shall take effect and be in force Be it ordained by the Council of tion of the loan application, closing, from and after the earliest period the City of Cleveland: and servicing of the loan. allowed by law. Section 1. That the Director of Section 7. That the Director of Passed June 10, 1996. Port Control is hereby authorized Law is hereby authorized to prepare Effective June 19, 1996. and directed to make a written said contract and such other docu- requirement contract in accordance ments as may be appropriate to with the Charter and the Codified complete the transaction. Ord. No. 817-96. Ordinances of Cleveland, Ohio, 1976, Section 8. That this ordinance is By Councilmen Miller and for the requirements for the period hereby declared to be an emergency Rokakis (by departmental request). of one year for the necessary items measure and, provided it receives An emergency ordinance deter- of asphalt concrete and tack coat, the affirmative vote of two-thirds of mining the method of making the including labor costs for delivery, all the members elected to Council, public improvement of renovating spreading and compacting in the it shall take effect and be in force tenant facilities at Cleveland Hop- approximate amount as purchased immediately upon its passage and kins International Airport, and during the preceding year, to be approval by the Mayor; otherwise it authorizing the Director of Port purchased by the Commissioner of Control to enter into contract for the shall take effect and be in force Purchases and Supplies upon a unit making of such improvement. basis for the various divisions of from and after the earliest period Whereas, this ordinance consti- the Department of Port Control. allowed by law. tutes an emergency measure pro- Bids shall be taken in such manner Passed June 10, 1996. viding for the usual daily operation as to permit an award to be made Effective June 19, 1996. of a municipal department; now, for all items as a single contract, or therefore, by separate contract for each or any Be it ordained by the Council of combination of said items as the Ord. No. 816-96. the City of Cleveland: Board of Control shall determine. By Councilmen Miller and Section 1. That, pursuant to Sec- Alternate bids for a period less than Rokakis (by departmental request). tion 167 of the Charter of the City a year may be taken if deemed An emergency ordinance autho- of Cleveland, it is hereby deter- desirable by the Commissioner of rizing the Director of Port Control mined to make the public improve- Purchases and Supplies until provi- to employ one or more professional ment of renovating tenant facilities sion is made for the requirements consultants to provide architectural at Cleveland Hopkins International for the entire year. services to design and inspect Airport, for the Division of Cleve- Section 2. The cost of said con- cladding for west and south con- land Hopkins International Airport, tract shall be charged against the courses and old tower exteriors at Department of Port Control, by con- proper appropriation account and Cleveland Hopkins International tract duly let to the lowest respon- the Director of Finance shall certi- Airport. sible bidder after competitive bid- fy thereon the amount of the initial Whereas, this ordinance consti- ding upon a unit basis for the purchase thereunder, which pur- tutes an emergency measure pro- improvement. chase, together with all subsequent viding for the usual daily operation Section 2. That the Director of purchases, shall be made on order of a municipal department; now, Port Control is hereby authorized of the Commissioner of Purchases therefore, and directed to enter into contract and Supplies pursuant to a requisi- Be it ordained by the Council of for the making of the above public tion against such contract duly cer- the City of Cleveland: improvement with the lowest tified by the Director of Finance. Section 1. That the Director of responsible bidder after competitive (RL 20851) Port Control is hereby authorized bidding upon a unit basis for the Section 3. That this ordinance is and directed to employ by contract improvement, provided, however, hereby declared to be an emergency one or more architects, or one or that each separate trade and each measure and, provided it receives more firms of architects for the pur- distinct component part of said the affirmative vote of two-thirds of pose of supplementing the regular- improvement may be treated as a all the members elected to Council, ly employed staff of the several separate improvement, and each, or it shall take effect and be in force departments of the City of Cleve- any combination, of such trades or immediately upon its passage and land in order to provide profession- components may be the subject of a approval by the Mayor; otherwise it al services necessary to design and separate contract upon a unit basis. shall take effect and be in force inspect cladding for west and south Section 3. That the cost of said from and after the earliest period concourse, and old tower exteriors improvement hereby authorized allowed by law. at Cleveland Hopkins International shall be paid from Fund Nos. 60 SF Passed June 10, 1996. 001, and from any funds or subfunds Airport. Effective June 19, 1996. to which are credited any federal The sections of said consultants grants or federal PFC authorization, for such services shall be made by for the above improvement and the the Board of Control upon the nom- proceeds from the sale of any air- Ord. No. 819-96. ination of the Director of Port Con- port revenue bonds issued for a pur- By Councilmen Miller and trol from a list of qualified consul- pose which includes the above Rokakis (by departmental request). tants available for such employment improvement, Request No. 20848. An emergency ordinance autho- as may be determined after a full Section 4. That this ordinance is rizing and directing the purchase by and complete canvass by the Direc- hereby declared to be an emergency contract of labor and materials nec- tor of Port Control for the purpose measure and, provided it receives essary to upgrade the automated of compiling such a list. The com- the affirmative vote of two-thirds of computer energy system, for the pensation to be paid for such ser- all the members elected to Council, Division of Cleveland Hopkins vices shall be fixed by the Board of it shall take effect and be in force International Airport, Department of Control. The contract herein autho- immediately upon its passage and Port Control. rized shall be prepared by the Direc- approval by the Mayor; otherwise it Whereas, this ordinance consti- tor of Law, approved by the Direc- shall take effect and be in force tutes an emergency measure pro- tor of Port Control, and certified by from and after the earliest period viding for the usual daily operation the Director of Finance. allowed by law. of a municipal department; now, Section 2. That the costs for such Passed June 10, 1996. therefore, services herein contemplated shall Effective June 19, 1996. Be it ordained by the Council of be paid from Fund Nos. 60 SF 001, the City of Cleveland: 60 SF 104, 60 SF 106, 60 SF 210, and Section 1. That the Director of from any funds or subfunds to Ord. No. 818-96. Port Control is hereby authorized which are credited any federal By Councilmen Miller and and directed to make a written con- grants or federal PRC authoriza- Rokakis (by departmental request). tract in accordance with the Char- tion, for the above project and the An emergency ordinance autho- ter and the Codified Ordinances of proceeds from the sale of any air- rizing and directing the purchase by Cleveland, Ohio, 1976, for each or all 1219 90 The City Record June 19, 1996 of the following items: labor and immediately upon its passage and 1996 Community Lead Exposure Pre- materials necessary to upgrade the approval by the Mayor; otherwise it vention Project, including promot- automated computer energy system shall take effect and be in force ing lead screening of children, pro- at Cleveland Hopkins International from and after the earliest period viding outreach education and tech- Airport, to be purchased by the Com- allowed by law. nical assistance, and conducting missioner of Purchases and Supplies Passed June 10, 1996. limited risk assessments in their upon a unit basis for the Division Effective June 19, 1996. respective service areas. Said con- of Cleveland Hopkins International tracts shall provide for compensa- Airport, Department of Port Control. tion in amounts not to exceed Section 2. That the cost of said Ord. No. 828-96. $19,137, $14,607, and $7,300, respec- contract hereby authorized shall be By Councilmen Robinson and tively1 and shall be payable from paid from Fund Nos. 60 SF 001, 60 Rokakis (by departmental request). the fund or funds to which are cred- SF 104, 60 SF 106 and 60 SF 210, An emergency ordinance autho- ited the grant proceeds accepted Request No. 20849. rizing the Director of Public Health pursuant to Ordinance No. 909-93, Section 3. That this ordinance is to apply for and accept a grant from passed October 18, 1993, for the Divi- hereby declared to be an emergency the Ohio Department of Health for sion of Environment, Department of measure and, provided it receives the 1996 State Childhood Lead Poi- Public Health. soning Prevention Program. the affirmative vote of two-thirds of Section 2. That this ordinance is all the members elected to Council, Whereas, this ordinance consti- hereby declared to be an emergency it shall take effect and be in force tutes an emergency measure pro- measure and, provided it receives immediately upon its passage and viding for the usual daily operation approval by the Mayor; otherwise it of a municipal department; now, the affirmative vote of two-thirds of shall take effect and be in force therefore, all the members elected to Council, from and after the earliest period Be it ordained by the Council of it shall take effect and be in force allowed by law. the City of Cleveland: immediately upon its passage and Passed June 10, 1996. Section 1. That the Director of approval by the Mayor; otherwise it Effective June 19, 1996. Public Health is hereby authorized shall take effect and be in force to apply for a grant in the estimat- from and after the earliest period ed amount of $150,000, from the allowed by law. Ord. No. 820-96. State of Ohio, Department of Health, Passed June 10, 1996. By Councilmen Miller and to conduct the 1996 State Childhood Effective June 19, 1996. Rokakis (by departmental request). Lead Poisoning Prevention Pro- An emergency ordinance autho- gram. rizing and directing the purchase by Section 2. That the Director of Ord. No. 830-96. requirement contract of de-icing Public Health is hereby authorized By Councilman Rokakis. agents and materials, for the vari- to accept said grant in the estimat- An emergency ordinance autho- ous divisions of the Department of ed amount of $150,000 for the pur- rizing and directing the Director of Port Control, for a period not to poses set forth in the application Finance to enter into a requirement exceed two years. and according thereto; that the contract or contracts without com- Whereas, this ordinance consti- Director of Public Health is hereby petitive bidding with Ameritech tutes an emergency measure pro- authorized to file all papers and Ohio for the purchase of Centrex viding for the usual daily operation execute all documents necessary to service for the various departments of a municipal department; now, receive the funds under said grant; of the City. therefore, and that said funds be and they Whereas, this ordinance consti- Be it ordained by the Council of hereby are appropriated for the pur- tutes an emergency measure pro- poses set forth in the application for the City of Cleveland: viding for the usual daily operation said grant. Section 1. That the Director of of a municipal department; now, Port Control is hereby authorized Section 3. That the application for said grant, File No. 828-96-A, made therefore, and directed to make a written Be it ordained by the Council of requirement contract in accordance a part hereof as if fully rewritten herein, is hereby approved in all the City of Cleveland: with the Charter and the Codified Section 1. That it is hereby deter- Ordinances of Cleveland, Ohio, 1976, respects. Section 4. That this ordinance is mined that the within service is for the requirements for the period noncompetitive and cannot be of two years for the necessary items hereby declared to be an emergency measure and, provided it receives secured from any source other than of de-icing agents and materials in Ameritech Ohio. Therefore, the the approximate amount as pur- the affirmative vote of two-thirds of Director of Finance is hereby autho- chased during the preceding term, all the members elected to Council, to be purchased by the Commis- it shall take effect and be in force rized and directed to make a writ- sioner of Purchases and Supplies immediately upon its passage and ten requirement contract or con- upon a unit basis for the for the var- approval by the Mayor; otherwise it tracts for the period of up to three ious divisions of the Department of shall take effect and be in force years with said company for Cen- Port Control. Bids shall be taken in from and after the earliest period trex service for the various depart- such manner as to permit an award allowed by law. ments of the City of Cleveland to be to be made for all items as a single Passed June 10, 1996. purchased by the Commissioner of contract, or by separate contract for Effective June 19, 1996. Purchases and Supplies upon a unit each or any combination of said basis. items as the Board of Control shall Section 2. That the cost of said determine. Alternate bids for a peri- Ord. No. 829-96. contract shall be charged against By Councilmen Robinson and od less than two years may be the proper appropriation account Rokakis (by departmental request). taken if deemed desirable by the An emergency ordinance autho- and the Director of Finance shall Commissioner of Purchases and Sup- rizing and directing the Director of certify thereon the amount of the plies until provision is made for the Public Health to enter into contract initial purchase thereunder, which requirements for the entire two with various community-based orga- purchase, together with all subse- years. nizations for implementation of the quent purchases, shall be made on Section 2. The cost of said con- 1996 Community Lead Exposure Pre- order of the Commissioner of Pur- tract shall be charged against the vention Project for the Division of chases and Supplies pursuant to a proper appropriation account and Environment, Department of Public requisition against such contract the Director of Finance shall certi- Health. duly certified by the Director of fy thereon the amount of the initial Whereas, this ordinance consti- Finance. (RL 22748) purchase thereunder, which pur- tutes an emergency measure pro- Section 3. That this ordinance is chase, together with all subsequent viding for the usual daily operation hereby declared to be an emergency purchases, shall be made on order of a municipal department; now, measure and, provided it receives of the Commissioner of Purchases therefore, and Supplies pursuant to a requisi- the affirmative vote of two-thirds of Be it ordained by the Council of all the members elected to Council, tion against such contract duly cer- the City of Cleveland: it shall take effect and be in force tified by the Director of Finance. Section 1. That the Director of (RL 20855) Public Health is hereby authorized immediately upon its passage and Section 3. That this ordinance is and directed to enter into contract approval by the Mayor; otherwise it hereby declared to be an emergency with Glenville Development Corp., shall take effect and be in force measure and, provided it receives Hough Area Partners in Progress, from and after the earliest period the affirmative vote of two-thirds of Inc., and Fairfax Renaissance allowed by law. all the members elected to Council, Development Corp. for professional Passed June 10, 1996. it shall take effect and be in force services necessary to implement the Effective June 19, 1996. 1220 June 19, 1996 The City Record 91

Ord. No. 831-96. rized to purchase the following to be paid for such property shall By Councilman Rokakis (by described property for the purpose not exceed its fair market value. departmental request). of the development of new housing: Section 4. That all costs of acqui- An emergency ordinance to amend sition of land shall be paid from Section 1 of Ordinance No. 155-96, 1409 EAST 120TH STREET Fund No. 14 SF 021, Request No. passed March 4, 1996, relating to a and 22361. license agreement without competi- 12204 MOULTON AVENUE Section 5. That this ordinance is tive bidding with International PPN: 120-11-001 hereby declared to be an emergency Business Machines Corporation for measure and, provided it receives computer software, for the Division Situated in the City of Cleveland, the affirmative vote of two-thirds of of Information Systems Services, County of Cuyahoga, and State of all the members elected to Council, Department of Finance. Ohio and known as being part of it shall take effect and be in force Whereas, this ordinance consti- Original One Hundred Acre Lot No. immediately upon its passage and approval by the Mayor; otherwise it tutes an emergency measure pro- 388, and bounded and described as follows: Beginning on the Easterly shall take effect and be in force viding for the usual daily operation line of East 120th Street (formerly from and after the earliest period of a municipal department; now, Oakland Street) at a point 347-7/100 allowed by law. therefore, feet Northerly from its point of Passed June 10, 1996. Be it ordained by the Council of intersection with the southerly line Effective June 19, 1996. the City of Cleveland: of land conveyed by Henry L. Section 1. That Section 1 of Ordi- Aumick and others, to Lyman B. nance No. 155-96, passed March 4, Beers by deed dated September 7, Ord. No. 859-96. 1996, is hereby amended to read as 1875, and recorded in Volume 251, By Councilmen Jackson and follows: Page 184 of Cuyahoga County Rokakis (by departmental request). Section 1. That it is hereby deter- Records; An emergency ordinance autho- mined that the within products are Thence North 89° 50' East 130 rizing the Director of Economic non-competitive and cannot be feet; Development to enter into a contract obtained from any source other than Thence Northerly parallel with with ACME Express, Inc., or its International Business Machines said Easterly line of East 120th designee, to provide economic devel- Corporation. Therefore, the Director Street, 45 feet to the southerly line opment assistance to partially of Finance is hereby authorized and of Moulton Avenue, N.E., (formerly finance the acquisition of property directed to enter into a written Moulton Street); at 3821 Prospect Avenue and financ- license agreement with said Inter- Thence Westerly along the ing the acquisition of equipment, national Business Machines Corpo- Southerly line of Moulton Avenue, Cleveland, Ohio. ration on the basis of its January N.E., 130 feet to the Easterly line of Whereas, this ordinance consti- 16, 1996 proposal, for the license of East 120th Street; tutes an emergency measure pro- the computer software known as Thence Southerly along said East- viding for the usual daily operation MVS/370, for a one (1) year term erly line of East 120th Street to the of a municipal department; now, commencing January 1, 1996 and place of beginning, and being fur- therefore, expiring December 31, 1996, with ther known as Sublot No. 25 in Be it ordained by the Council of one (1) option, exercisable by the Lyman B. Beers’ proposed Subdivi- the City of Cleveland: Director of Finance, to renew for an sion of part of Original One Hun- Section 1. That the Director of dred Acre Lot No. 388, be the same additional one-year term, and can- Economic Development is hereby more or less, but subject to all legal cellable upon thirty days’ written authorized to enter into a contract highways. with ACME Express, Inc., or its notice by said director, to be pur- designee, to provide economic devel- chased by the Commissioner of Pur- 1415-17 EAST 120TH STREET opment assistance to partially chases and Supplies upon a unit PPN: 120-11-003 finance the acquisition of property basis for the Division of Informa- at 3821 Prospect Avenue, and financ- tion Systems Services, Department Situated in the City of Cleveland, ing the acquisition of equipment, of Finance. County of Cuyahoga and State of Cleveland, Ohio. Section 2. That existing Section 1 Ohio and known as being part of Section 2. That the term of said of Ordinance No. 155-96, passed Original One Hundred Acre Lot No. loan shall be in accordance with the March 4, 1996, is hereby repealed. 388, and bounded and described as terms as set forth in the Executive Section 3. That this ordinance is follows: Summary contained in File No. 859- hereby declared to be an emergency Beginning at a point on the East- 96-A. measure and, provided it receives erly line of East 120th Street (for- Section 3. That the costs of said the affirmative vote of two-thirds of merly Oakland Avenue), which is 40 contract shall not exceed Two Hun- all the members elected to Council, feet in width and the Easterly line dred Ten Thousand Six Hundred it shall take effect and be in force of said street is 168 feet East of the Dollars ($210,600.00), and shall be immediately upon its passage and Westerly line of land in said lot paid from Fund No. 18 SF 001, approval by the Mayor; otherwise it owned by Lyman B. Beers and Request No. 22259. shall take effect and be in force which beginning point is 267.07 feet Section 4. That the Director of from and after the earliest period North of the South line of said Economic Development is hereby allowed by law. Lyman B. Beers land: authorized and directed to accept Passed June 10, 1996. Thence North 89 degrees 59 min- collateral as set forth in the Exec- Effective June 19, 1996. utes East of 130 feet; utive Summary contained in the file Thence North parallel with the referenced in Section 2 of this ordi- Easterly line of said East 120th nance in order to secure repayment Street, 40 feet of said loan. Any security instru- Ord. No. 833-96. Thence Westerly parallel with the ment shall be prepared and By Councilmen Willis, Jackson, Southerly line of land hereby con- approved by the Director of Law. Rybka and Rokakis (by departmen- veyed 130 feet to the Easterly line Section 5. That the Director of tal request). of East 120th Street; Economic Development is hereby An emergency ordinance autho- Thence South along the Easterly authorized to accept monies in rizing the Commissioner of Pur- line of said street, 40 feet to the repayment of the loan and to chases and Supplies to purchase a place of beginning and is further deposit said monies in Fund No. 18 site for the development of new described as being Sublot No. 27 in SF 002. housing at East 120th Street and said Lyman B. Beer’s proposed allot- Section 6. That the Director of Moulton Avenue, for the Division of Economic Development is hereby ment of part of said Original Lot No. authorized to charge and accept Neighborhood Development, Depart- 388 as per survey made by Jay P. ment of Community Development. fees in an amount not to exceed the Brown, County Surveyor, be the maximum allowable under federal Whereas, this ordinance consti- same more or less, but subject to all tutes an emergency measure pro- regulations and expend such fees to legal highways. cover costs incurred in the prepara- viding for the usual daily operation Section 2. That the Director of of a municipal department; now, tion of the loan application, closing Community Development is hereby and servicing of the loan. Such fees therefore, authorized to execute on behalf of shall be deposited to and expended Be it ordained by the Council of the City of Cleveland all necessary from Fund No. 18 SF 004, Loan Fees the City of Cleveland: documents to acquire such property Fund. Section 1. That notwithstanding and to employ and pay all fees for Section 7. That the Director of and as an exception to the provi- title companies, surveys, escrows, Law is hereby authorized to pre- sions of Chapter 181 and 183 of the appraisers, environmental audits, pare said contract and such other Codified Ordinances of Cleveland, and all other costs necessary for the documents as may be appropriate Ohio, 1976, the Commissioner of Pur- acquisition of such property. to complete the transaction. chases and Supplies is hereby autho- Section 3. That the consideration Section 8. That this ordinance is 1221 92 The City Record June 19, 1996 hereby declared to be an emergency Ord. No. 862-96. feet to the place of beginning, and measure and, provided it receives By Councilmen Melena, Jackson, containing 0.6883 acres of land, the affirmative vote of two-thirds of Rybka and Rokakis (by departmen- according to a survey by the Henry all the members elected to Council, tal request). G. Reitz Engineering Company, by it shall take effect and be in force An emergency ordinance autho- James T. Sayler, Registered Sur- immediately upon its passage and rizing the Commissioner of Pur- veyor No. S-7425, dated 3/26/96, be approval by the Mayor; otherwise it chases and Supplies to purchase the same more or less, but subject shall take effect and be in force property for the development of to all legal highways. from and after the earliest period townhouses at the northeast corner All bearings are to an assumed allowed by law. of Tillman Avenue and West 49th meridian and are used to denote Passed June 10, 1996. Street for the Department of Com- angles only. Effective June 19, 1996. munity Development; and authoriz- Section 2. That the Director of ing the Commissioner of Purchases Community Development is hereby and Supplies to convey said proper- authorized to execute on behalf of ty to the Detroit-Shoreway Commu- the City of Cleveland all necessary Ord. No. 860-96. nity Development Organization, or By Councilmen Jackson and its designee. documents to acquire and to convey Rokakis (by departmental request). Whereas, the Director of Commu- such property and to employ and An emergency ordinance autho- nity Development has requested the pay all fees for title companies, sur- rizing the Director of Economic purchase of property, which is locat- veys, escrows, appraisers, environ- Development to employ one or more ed at the northeast corner of Till- mental audits, and all other costs professional consultants to provide man Avenue and West 49th Street, necessary for the acquisition of construction management services for development of sixteen town- such property. for projects funded through HUD houses; and Section 3. That all costs of acqui- Section 108 Loans under the Cleve- Whereas, the Director of Commu- sition of land shall be paid from land Supplemental Empowerment nity Development has requested the Fund No. 14 SF 021. Zone. sale of said property to the Detroit- Section 4. That notwithstanding Whereas, this ordinance consti- Shoreway Community Development and as an exception to the provi- tutes an emergency measure pro- Organization, or its designee, for sions of Title V of the Community viding for the usual daily operation the public purpose of development Development Code in the Codified of a municipal department; now, of said property; and Ordinances of Cleveland, Ohio, 1976, therefore, Whereas, the Detroit-Shoreway the Director of Community Develop- Be it ordained by the Council of Community Development Organiza- ment may enter into and execute a tion, or its designee, has submitted the City of Cleveland: project agreement for and on behalf a proposal which the Director of of the City of Cleveland with the Section 1. That the Director of Community Development has deter- Economic Development is hereby Detroit-Shoreway Community Devel- mined to be a satisfactory means of opment Organization, or its authorized and directed to employ achieving redevelopment of said by contract one or more construction designee, for the acquisition, dispo- property; and sition and private redevelopment for managers or one or more construc- Whereas, this ordinance consti- tion management firms, for the pur- the property which is described in tutes an emergency measure pro- Section 1. pose of supplementing the regular- viding for the usual daily operation ly employed staff of the several Section 5. That this Council finds of a municipal department; now, that the conveyance to the Detroit- departments of the City of Cleve- therefore, land in order to provide profession- Be it ordained by the Council of Shoreway Community Development al services necessary to provide the City of Cleveland: Organization, or its designee, con- construction management services Section 1. That notwithstanding stitutes a public use of said proper- and supervise construction projects and as an exception to the provi- ty for the purposes of redevelop- ment. funded through HUD Section 108 sions of Chapter 181 and 183 of the Section 6. That by and at the Loans under the Cleveland Supple- Codified Ordinances of Cleveland, direction of the Board of Control, mental Empowerment Zone. Ohio, 1976, the Commissioner of Pur- the Commissioner of Purchases and The selection of said consultants chases and Supplies is hereby autho- Supplies is authorized to convey the for such services shall be made by rized to purchase the following property herein described in this the Board of Control upon the nom- described property for the develop- ment of sixteen townhouses: section to the Detroit-Shoreway ination of the Director of Economic Community Development Organiza- Development from a list of qualified tion, or its designee, at a price not consultants available for such 0.6883 Acres on Tillman Avenue N.W. less than fair market value of the employment as may be determined owned by The Board of property taking into account all after a full and complete canvass by Education of the Cleveland restrictions, reversionary interests the Director of Economic Develop- City School District and similar encumbrances placed by ment for the purpose of compiling (Parcel “B”) the City of Cleveland in the deed or such a list. The compensation to be Situated in the City of Cleveland, deeds of conveyance: paid for such services shall be fixed County of Cuyahoga and State of by the Board of Control. The con- Ohio, and known as being all of Proposed Housing Development tract herein authorized shall be pre- Sublots Nos. 70, 71, 72, 73 and 74 in on Tillman Avenue N.W. pared by the Director of Law, the S. S. Stones Subdivision, of part approved by the Director of Eco- and West 49th Street of Brooklyn Township Lot No. 50, as excluding the Corner Park nomic Development, and certified by shown by the recorded plat in Vol- (Parcel “C”) the Director of Finance. ume 2 of Maps, Page 19 of Cuya- Situated in the City of Cleveland, Upon selection of a construction hoga County Records, and bounded management consultant or consul- and described as follows: County of Cuyahoga and State of tants, the Director of Economic Beginning on the Northerly line of Ohio, and known as being all of Development shall report to the Tillman Avenue N.W., 66 feet wide, Sublots Nos. 73, 74, 90 and 91 and Council the identity of the consul- at its intersection with the Easter- part of Sublots Nos. 70, 71, 72, and tants, the projects that they will be ly line of West 49th Street, 66 feet 89 in the S. S. Stone’s Subdivision, overseeing, and the cost of the con- wide; of part of Brooklyn Township Lot sultant services for each project. Thence North 0° 28' 08" West, No. 50, as shown by the recorded Section 2. That the costs for such along the Easterly line of West 49th plat in Volume 2 of Maps, Page 19 services herein contemplated shall Street, a distance of 139.38 feet to of Cuyahoga County Records, and not exceed one hundred thousand the Northwesterly corner of said part of Herman Avenue N.W., 80 dollars ($100,000.00) and shall be Sublot No. 74; feet wide, as vacated in the Bulk- paid from Fund No. 18 SF 005, Thence North 70° 39' 12" East, ley Boulevard Dedication Plat, as Request No. 22261. along the Northerly line of said Sub- shown by the recorded plat in Vol- Section 3. That this ordinance is lot No. 74, and along the Northerly ume 130 of Maps, Page 702 - 704 of hereby declared to be an emergency lines of Sublots Nos. 73, 72, 71 and Cuyahoga County Records, and measure and, provided it receives 70, a distance of 204.71 feet to the bounded and described as follows: the affirmative vote of two-thirds of Northeasterly corner of said Sublot Beginning on the Northerly line of all the members elected to Council, No. 70; Tillman Avenue N.W., 66 feet wide, it shall take effect and be in force Thence South 19° 25' 48" East, at its intersection with the Easter- immediately upon its passage and along the Easterly line of said Sub- ly line of West 49th Street, 66 feet approval by the Mayor; otherwise it lot No. 70, a distance of 131.88 feet wide; shall take effect and be in force to the Northerly line of Tillman Thence North 0° 28' 08" West, from and after the earliest period Avenue N.W.; along the Easterly line of West 49th allowed by law. Thence South 70° 39' 12" West, Street, a distance of 31.96 feet to the Passed June 10, 1996. along the Northerly line of Tillman principal place of beginning; Effective June 19, 1996. Avenue N.W., a distance of 250.00 Thence North 0° 28' 08" West, 1222 June 19, 1996 The City Record 93 along the Easterly line of West 49th required for the immediate preser- interests of the blighted premises Street, a distance of 244.82 feet to vation of the public health and safe- herein described for the elimination the Southeasterly line of Herman ty, in that the existing conditions of spot blight and for redevelopment Avenue N.W., 80 feet wide; constitute a menace to public prop- and/or rehabilitation of the blight- Thence North 53° 45' 02" East, erty, health and safety; now, there- ed premises; and along the Southeasterly line of Her- fore, Whereas, notice of the adoption of man Avenue, N.W., a distance of Be it ordained by the Council of such Resolution has been served 81.13 feet; the City of Cleveland: upon the persons in possession or Thence South 29° 03' 28" East, a Section 1. That for the public pur- having an interest in such property; distance of 74.52 feet; pose of eliminating blight and pre- and Thence South 0° 28' 08" East, a venting the recurrence of blight in Whereas, this ordinance consti- distance of 116.83 feet; the neighborhood surrounding the tutes an emergency measure pro- Thence North 70° 39' 12" East, a blighted premises located at 10700 viding for the usual daily operation distance of 107.90 feet to the East- Helena Avenue, Cleveland, Ohio, of a municipal department; now, erly line of said Sublot No. 70; through acquisition and redevelop- therefore, Thence South 19° 25' 48" East, ment and/or rehabilitation, the fol- Be it ordained by the Council of along the Easterly line of said Sub- lowing described fee simple inter- the City of Cleveland: lot No. 70, a distance of 101.48 feet ests be and the same hereby are Section 1. That for the public pur- to the Northerly line of Tillman appropriated: pose of eliminating blight and pre- Avenue N.W.; venting the recurrence of blight in Thence South 70° 39' 12" West, 10700 HELENA AVENUE the neighborhood surrounding the along the Northerly line of Tillman PPN: 108-29-068 blighted premises located at 1846 Avenue, N.W., a distance of 218.04 West 50th Street, Cleveland, Ohio, feet; PARCEL 1 through acquisition and redevelop- Thence North 34° 54' 28" West, a Situated in the City of Cleveland, ment and/or rehabilitation, the fol- distance of 37.18 feet to the princi- Ohio, County of Cuyahoga and State lowing described fee simple inter- pal place of beginning, and con- of Ohio, and known as being Sublot ests be and the same hereby are taining 0.9331 acres of land, accord- No. 96 in the Linn and Issel Subdi- appropriated: ing to a survey by the Henry G. vision of part of original One Hun- Reitz Engineering Company, by dred Acre Lot No. 362, as shown by 1846 West 50th Street James T. Sayler, Registered Sur- the recorded plat in Volume 38 of Situated in the City of Cleveland, veyor No. S-7425, dated 03/26/96, be Maps, Page 16 of Cuyahoga County County of Cuyahoga and State of Records, and being 40 feet front on Ohio and known as being the the same more or less, but subject the Southerly side of Helena Northerly one-half of Sublot No. 323 to all legal highways. Avenue, N.E. and extending back in Benedict and Root’s Subdivision All bearings are to an assumed equal width 105 feet, deep as of a part of Original Brooklyn meridian and are used to denote appears by said plat, be the same Township Lot Nos. 48 and 49, as angles only. more or less, but subject to all legal shown by the recorded plat of said Section 7. That the conveyance highways. Subdivision in Volume 1 of Maps, shall be made by official deed to be Page 13 of Cuyahoga County prepared by the Director of Law and PARCEL 2 Records, said part of Sublot No. 323 executed by the Mayor on behalf of Situated in the City of Cleveland, has a frontage of 30 feet on the the City of Cleveland. The deed County of Cuyahoga and State of Westerly side of West 50th Street shall contain such necessary provi- Ohio, and known as being Sublot No. (formerly Birch Street), and extends sions (including such restrictive 97 in the Linn and Issel Subdivision back of equal width, 132 feet, as reversionary interests as may be of part of Original One Hundred appears by said plat, be the same specified by the Board of Control or Acre Lot No. 362, as shown by the more or less, but subject to all legal Director of Law) which shall pro- recorded plat in Volume 38 of Maps, highways. tect the parties as their respective Page 16 of Cuyahoga County Section 2. That the Director of interests require and shall specifi- Records and being 101-90/100 feet Law be and she hereby is directed cally contain a provision against front on the Southerly side of Hele- to apply to a court of competent the erection of any advertising na Avenue N.E., 105 feet deep on the jurisdiction to have a jury impan- signs or billboards except permitted Easterly line, 124-64/100 feet on the eled to make inquiry into and identification signs. Southwesterly line and 34-74/1000 assess the compensation to be paid Section 8. That this ordinance is feet in the rear, as appears by said for the fee simple interests in and hereby declared to be an emergency plat, be the same more or less, but to the blighted premises hereinbe- measure and, provided it receives subject to all legal highways. fore described. the affirmative vote of two-thirds of Section 2. That the Director of Section 3. That this ordinance is all the members elected to Council, Law be and she hereby is directed hereby declared to be an emergency it shall take effect and be in force to apply to a court of competent measure and, provided it receives immediately upon its passage and jurisdiction to have a jury impan- the affirmative vote of two-thirds of approval by the Mayor; otherwise it eled to make inquiry into and all the members elected to Council, shall take effect and be in force assess the compensation to be paid it shall take effect and be in force from and after the earliest period for the fee simple interests in and immediately upon its passage and allowed by law. to the blighted premises herein approval by the Mayor; otherwise it Passed June 10, 1996. before described. shall take effect and be in force Effective June 19, 1996. Section 3. That this ordinance is from and after the earliest period hereby declared to be an emergency allowed by law. measure and, provided it receives Passed June 10, 1996. Ord. No. 863-96. the affirmative vote of two-thirds of Effective June 19, 1996. By Councilmen Patmon, Jackson, all the members elected to Council, Rybka and Rokakis (by departmen- it shall take effect and be in force tal request). immediately upon its passage and Ord. No. 869-96. An emergency ordinance to appro- approval by the Mayor; otherwise it By Councilmen Paulenske, Coats priate property for the redevelop- shall take effect and be in force and Rokakis (by departmental ment and/or rehabilitation of the from and after the earliest period request). blighted premises located at 10700 allowed by law. An emergency ordinance to levy Helena Avenue, Cleveland, Ohio. Passed June 10, 1996. special assessments for the repair- Whereas, the Council of the City Effective June 19, 1996. ing or improvement of underground of Cleveland, by Resolution No. 561- vaults encroaching upon the public 96, passed March 25, 1996, declared right-of-way on Old River Road from the necessity and intention of Ord. No. 866-96. St. Clair Avenue extending north to appropriating the fee simple prop- By Councilmen Smith, Jackson, Front Street in the City of Cleve- erty interests of the blighted Rybka and Rokakis (by departmen- land. premises herein described for the tal request). Whereas, the Council of the City elimination of spot blight and for An emergency ordinance to appro- adopted Resolution No. 1337-94 on redevelopment and/or rehabilitation priate property for the redevelop- July 20, 1994, declaring the necessi- of the blighted premises; and ment and/or rehabilitation of the ty of the improvements therein and Whereas, notice of the adoption of blighted premises located at 1846 hereinafter described; and such Resolution has been served West 50th Street, Cleveland, Ohio. Whereas, the Council of the City upon the persons in possession or Whereas, the Council of the City adopted Resolution No. 530-95 on having an interest in such property; of Cleveland, by Resolution No. 560- April 10, 1995, adopting the estimat- and 96, passed March 25, 1996, declared ed assessments theretofore filed Whereas, this ordinance consti- the necessity and intention of appro- with respect to said improvements; tutes an emergency measure priating the fee simple property and 1223 94 The City Record June 19, 1996

Whereas, the Council of the City of its passage as required by Sec- tutes an emergency measure pro- passed Ordinance No. 519-95 on April tion 319.61, Ohio Revised Code. viding for the usual daily operation 10, 1995, determining to proceed Section 6. That this ordinance is of a municipal department; now, with said improvements; and hereby declared to be an emergency therefore, Whereas, the actual cost of said measure and, provided it receives Be it ordained by the Council of improvement has now been ascer- the affirmative vote of two-thirds of the City of Cleveland: tained and placed on file in the all the members elected to Council, Section 1. That Section 2 of Ordi- office of the Clerk of Council in File it shall take effect and be in force nance No. 1140-95, passed July 19, No. 869-96-A; and immediately upon its passage and 1995, is hereby amended to read as Whereas, the estimated assess- approval by the Mayor; otherwise it follows: ments for said improvements hereto- shall take effect and be in force Section 2. That the cost of said fore adopted by Resolution No. 1337- from and after the earliest period contract hereby authorized shall be 94 have been adjusted so that said allowed by law. paid from Fund No. 13 SF 426, assessments, as adjusted, are in the Passed June 10, 1996. Request No. 20988. same proportion to said estimated Effective June 19, 1996. Section 2. That existing Section 2 assessments as the actual cost of of Ordinance No. 1140-95, passed said improvements are to the esti- July 19, 1995, is hereby repealed. mated cost of said improvements; Ord. No. 870-96. Section 3. That this ordinance is and By Councilmen Johnson and hereby declared to be an emergency Whereas, this ordinance consti- Rokakis (by departmental request). measure and, provided it receives tutes an emergency measure pro- An emergency ordinance autho- the affirmative vote of two-thirds of viding for the usual daily operation rizing the Director of Parks, Recre- all the members elected to Council, of a municipal department; now, ation and Properties to apply for it shall take effect and be in force therefore, and accept a grant from the Ohio immediately upon its passage and Be it ordained by the Council of Department of Natural Resources approval by the Mayor; otherwise it the City of Cleveland: for the 1996 NatureWorks - Round 3 shall take effect and be in force Section 1. That the revised Grant; and to enter into contract from and after the earliest period assessment of the cost and expense with the Cleveland Bicentennial allowed by law. of providing for the repair or oth- Commission to implement the pro- Passed June 10, 1996. erwise improving underground gram. Effective June 19, 1996. vaults encroaching upon the public Whereas, this ordinance consti- right-of-way on Old River Road from tutes an emergency measure pro- St. Clair Avenue extending north to viding for the usual daily operation Ord. No. 873-96. Front Street in the City of Cleve- of a municipal department; now, By Councilmen Paulenske, Coats land, as set forth in Resolution No. therefore, and Rokakis (by departmental 1337-94, adopted on July 20, 1994, Be it ordained by the Council of request). and amounting in the aggregate to the City of Cleveland: An emergency ordinance to levy $48,736.00, as reported to this Coun- Section 1. That the Director of special assessments for the repair or cil by the Commissioner of Licenses Parks, Recreation and Properties is improvement of underground vaults and Assessments, be and the same hereby authorized to apply for and encroaching upon the public right- is hereby adopted and conformed, accept a grant in the amount of of-way on Prospect Avenue from and that there be and are hereby $408,000, from the Ohio Department East 9th Street extending east to levied and assessed upon the lots of Natural Resources, to conduct the East 55th Street, and on East 4th and lands containing underground 1996 NatureWorks - Round 3 Grant, Street from Euclid Avenue extend- vaults encroaching upon the public for the purposes set forth in the ing south to Prospect Avenue in the right-of-way on Old River Road from application and according thereto; City of Cleveland. St. Clair Avenue extending north to that the Director of Parks, Recre- Whereas, in Resolution No. 1428- Front Street, the several amounts ation and Properties is hereby 93, adopted June 14, 1993, the Coun- reported as aforesaid, which assess- authorized to file all papers and cil of the City declared it necessary ments and the description of said execute all documents necessary to to repair or otherwise improve lots and lands are now on file in the receive the funds under said grant; underground vaults encroaching office of the Clerk of Council and and that said funds be and they upon the public right-of-way on which assessments are in proportion hereby are appropriated for the pur- Prospect Avenue from East 9th to the special benefits and are not poses set forth in the application for Street extending east to East 55th in excess of any statutory limita- said grant. Street, and on East 4th Street from tion. Section 2. That the application for Euclid Avenue extending south to Section 2. That this Council here- said grant, File No. 870-96-A, made Prospect Avenue in accordance with by finds and determines that the a part hereof as if fully rewritten plans, specifications and profiles in revised assessments as now on file herein, is hereby approved in all File No. 1428-93-A in the Office of in the office of said Clerk are in the respects. the Clerk of Council, which plans, same proportion to the estimated Section 3. That the Director of specifications and profiles the Coun- assessments as originally filed as Parks, Recreation and Properties is cil approved; and the actual cost of the above- hereby authorized to enter into or Whereas, in Ordinance No. 1506-93, described improvement is to the amend contracts with the Cleveland passed August 11, 1993, the Council estimated cost of the improvement Bicentennial Commission to imple- of the City determined to proceed to as originally filed. ment said program; provided, how- repair or otherwise improve under- Section 3. That the assessment ever, that said contractor shall pro- ground vaults encroaching upon the against each lot or parcel of land vide the necessary matching funds public right-of-way on Prospect shall be payable in cash within in the approximate sum of Avenue from East 9th Street extend- forty (40) days after the passage of $136,000.00. ing east to East 55th Street, and on this ordinance or at the option of Section 4. That this ordinance is East 4th Street from Euclid Avenue the owner in ten (10) annual install- hereby declared to be an emergency extending south to Prospect Avenue ments, with interest on deferred measure and, provided it receives extending in accordance with plans, payments at the rate of 7.0% per the affirmative vote of two-thirds of specifications and profiles and the annum. All cash payments shall be all the members elected to Council, estimate of cost of improvements made to the Commissioner of Licens- it shall take effect and be in force approved and filed in the office of es and Assessments of this City. All immediately upon its passage and the Clerk of Council; and assessments and installments there- approval by the Mayor; otherwise it Whereas, in Resolution No. 451-94, of remaining unpaid at the expira- shall take effect and be in force adopted March 7, 1994, the Council tion of said forty (40) days shall be from and after the earliest period of the City amended Resolution No. certified by the Clerk of this Coun- allowed by law. 1428-93, to modify the plans, specifi- cil to the County Auditor as provid- Passed June 10, 1996. cations and profiles and the esti- ed by law to be placed by him on Effective June 19, 1996. mate of the cost of improvements; the tax duplicate and collected as and other taxes are collected. Whereas, in Resolution No. 882-95, Section 4. That the Clerk of Coun- Ord. No. 871-96. adopted July 19, 1995, the Council of cil is authorized and directed to By Councilmen Robinson and the City amended Resolution No. keep said adjusted assessments on Rokakis (by departmental request). 1428-93 to modify the plans, specifi- file in the Clerk’s Office for so long An emergency ordinance to amend cations and profiles and the esti- as any assessment remains unpaid. Section 2 of Ordinance No. 1140-95, mate of the cost of improvements; Section 5. That the Clerk of Coun- passed July 19, 1995, relating to the and cil is hereby directed to file a cer- purchase by contract of a computer Whereas, in Resolution No. 1536- tified copy of this ordinance with system chassis and necessary com- 93, adopted July 14, 1993, and Reso- the Auditor of Cuyahoga County ponents. lution No. 569-94, adopted March 28, within twenty (20) days of the date Whereas, this ordinance consti- 1994 adopted the estimated assess- 1224 June 19, 1996 The City Record 95 ments theretofore filed with respect file in the Clerk’s Office for so long cations and profiles and the esti- to the improvements; and as any assessment remains unpaid. mate of the cost of improvements; Whereas, the actual cost of said Section 5. That the Clerk of Coun- and improvement has now been ascer- cil is hereby directed to file a cer- Whereas, in Resolution No. 1427- tained and placed on file in the tified copy of this ordinance with 93, adopted June 14, 1993, Resolution office of the Clerk of Council in File the Auditor of Cuyahoga County No. 2425-93, adopted November 29, No. 873-96-A; and within twenty (20) days of the date 1993, and Resolution No. 570-94, Whereas, the estimated assess- of its passage as required by Sec- adopted March 28, 1994, the Council ments for said improvements hereto- tion 319.61, Ohio Revised Code. adopted the estimated assessments fore adopted by Resolution No. 1428- Section 6. That this ordinance is theretofore filed with respect to the 93, as amended by Resolution Nos. hereby declared to be an emergency improvements; and 451-94, and 882-95, have been adjust- measure and, provided it receives Whereas, the actual cost of said ed so that said assessments, as the affirmative vote of two-thirds of improvement has now been ascer- adjusted, are in the same proportion all the members elected to Council, tained and placed on file in the to said estimated assessments as it shall take effect and be in force office of the Clerk of Council in File the actual cost of said improve- immediately upon its passage and No. 874-96-A; and ments are to the estimated cost of approval by the Mayor; otherwise it Whereas, the estimated assess- said improvements; and shall take effect and be in force ments for said improvements hereto- Whereas, this ordinance consti- from and after the earliest period fore adopted by Resolution No. 1152- tutes an emergency measure pro- allowed by law. 93, as amended by Resolution Nos. viding for the usual daily operation Passed June 10, 1996. 2180-93, 452-94 and 881-95, have been of a municipal department; now, Effective June 19, 1996. adjusted so that said assessments, therefore, as adjusted, are in the same pro- Be it ordained by the Council of portion to said estimated assess- the City of Cleveland: ments as the actual cost of said Ord. No. 874-96. Section 1. That the revised assess- improvements are to the estimated ment of the cost and expense of pro- By Councilmen Paulenske, Coats cost of said improvements; and and Rokakis (by departmental viding for the repair or otherwise Whereas, this ordinance consti- improving underground vaults request). tutes an emergency measure pro- encroaching upon the public right- An emergency ordinance to levy viding for the usual daily operation of-way on Prospect Avenue from E. special assessments for the repair or of a municipal department; now, 9th Street extending east to East improvement of underground vaults therefore, 55th Street, and on East 4th Street encroaching upon the public right- Be it ordained by the Council of from Euclid Avenue extending of-way on Prospect Avenue from the City of Cleveland: south to Prospect Avenue in the Ontario Street extending east to Section 1. That the revised assess- City of Cleveland, as set forth in East 9th Street, except for the south ment of the cost and expense of pro- Resolution No. 1428-93, adopted on side of Prospect Avenue between viding for the repair or otherwise East 4th Street and East 6th Street, June 14, 1993, as amended by Reso- improving underground vaults and on Huron Road from approxi- lution No. 451-95, adopted March 7, encroaching upon the public right- mately 100 feet east of East 6th 1994, and Resolution No. 882-95, of-way on Prospect Avenue from adopted July 19, 1995, and amount- Street extending east to approxi- Ontario Street extending east to ing in the aggregate to $743,272.46, mately 200 feet east of East 9th as reported to this Council by the Street in the City of Cleveland. East 9th Street, except for the south Commissioner of Licenses and Whereas, in Resolution No. 1152- side of Prospect Avenue between Assessments, be and the same is 93, adopted May 17, 1993, the Coun- East 4th Street and East 6th Street, hereby adopted and conformed, and cil of the City declared it necessary and on Huron Road from approxi- that there be and are hereby levied to repair or otherwise improve mately 100 feet east of East 6th and assessed upon the lots and underground vaults encroaching Street extending east to approxi- lands containing underground upon the public right-of-way on mately 200 feet east of East 9th vaults encroaching upon the public Prospect Avenue from Ontario Street, in the City of Cleveland, as right-of-way on Prospect Avenue Street extending east to East 9th set forth in Resolution No. 1152-93, from East 9th Street extending east Street and on Huron Road from adopted on May 17, 1993, as amend- to East 55th Street, and on East 4th East 6th Street extending east to ed by Resolution No. 2180-93, adopt- Street from Euclid Avenue extend- approximately 200 feet east of East ed October 25, 1993, Resolution No. ing south to Prospect Avenue, the 9th Street in accordance with plans, 452-94, adopted March 7, 1994, and several amounts reported as afore- specifications and profiles in File Resolution No. 881-95, adopted July said, which assessments and the No. 1152-93-A in the Office of the 19, 1995, and amounting in the description of said lots and lands Clerk of Council, which plans, spec- aggregate to $1,123,978.16, as report- are now on file in the office of the ifications and profiles the Council ed to this Council by the Commis- Clerk of Council and which assess- approved; and sioner of Licenses and Assessments, ments are in proportion to the spe- Whereas, in Ordinance No. 1386-93, be and the same is hereby adopted cial benefits and are not in excess passed July 14, 1993, the Council of and conformed, and that there be of any statutory limitation. the City determined to proceed to Section 2. That this Council here- and are hereby levied and assessed repair or otherwise improve under- upon the lots and lands containing by finds and determines that the ground vaults encroaching upon the revised assessments as now on file underground vaults encroaching public right-of-way on Prospect upon the public right-of-way on in the office of said Clerk are in the Avenue from Ontario Street extend- same proportion to the estimated Prospect Avenue from Ontario ing east to East 9th Street and on assessments as originally filed as Street extending east to East 9th the actual cost of the above- Huron Road from East 6th Street Street, except for the south side of described improvement is to the extending east to approximately 200 Prospect Avenue between East 4th estimated cost of the improvement feet east of East 9th Street in accor- Street and East 6th Street, and on as originally filed. dance with plans, specifications and Huron Road from approximately 100 Section 3. That the assessment profiles and the estimate of cost of feet east of East 6th Street extend- against each lot or parcel of land improvements approved and filed in ing east to approximately 200 feet the office of the Clerk of Council; shall be payable in cash within east of East 9th Street, the several and forty (40) days after the passage of amounts reported as aforesaid, Whereas, in Resolution No. 2180- this ordinance or at the option of which assessments and the descrip- the owner in ten (10) annual install- 93, adopted October 25, 1993, the Council of the City amended Reso- tion of said lots and lands are now ments, with interest on deferred on file in the office of the Clerk of payments at the rate of 6.90% per lution No. 1152-93, to modify the plans, specifications and profiles Council and which assessments are annum. All cash payments shall be in proportion to the special benefits made to the Commissioner of Licens- and the estimate of the cost of and are not in excess of any statu- es and Assessments of this City. All improvements; and assessments and installments there- Whereas, in Resolution No. 452-94, tory limitation. of remaining unpaid at the expira- adopted March 7, 1994, the Council Section 2. That this Council here- tion of said forty (40) days shall be of the City amended Resolution No. by finds and determines that the certified by the Clerk of this Coun- 1152-93 to modify the plans, specifi- revised assessments as now on file cil to the County Auditor as provid- cations and profiles and the esti- in the office of said Clerk are in the ed by law to be placed by him on mate of the cost of improvements; same proportion to the estimated the tax duplicate and collected as and assessments as originally filed as other taxes are collected. Whereas, in Resolution No. 881-95, the actual cost of the above- Section 4. That the Clerk of Coun- adopted July 19, 1995, the Council of described improvement is to the cil is authorized and directed to the City amended Resolution No. estimated cost of the improvement keep said adjusted assessments on 1152-93 to modify the plans, specifi- as originally filed. 1225 96 The City Record June 19, 1996

Section 3. That the assessment viding for the usual daily operation Ord. No. 876-96. against each lot or parcel of land of a municipal department; now, By Councilmen Miller and shall be payable in cash within therefore, Rokakis (by departmental request). forty (40) days after the passage of Be it ordained by the Council of An ordinance authorizing the this ordinance or at the option of the City of Cleveland: Director of Port Control to enter the owner in ten (10) annual install- Section 1. That the Director of into agreements with parking lot ments, with interest on deferred Port Control is hereby authorized operators located off airport proper- payments at the rate of 6.90% per and directed to make a written ty, in order to assess fees to such annum. All cash payments shall be requirement contract in accordance companies for use of airport prop- made to the Commissioner of Licens- with the Charter and the Codified erty in the conduct of the compa- es and Assessments of this City. All Ordinances of Cleveland, Ohio, 1976, nies’ business at Cleveland Hopkins for the requirements for the period assessments and installments there- International Airport, and to issue of one year for the necessary items of remaining unpaid at the expira- permits for the use of airport prop- of labor and materials needed to erty pursuant to said agreements. tion of said forty (40) days shall be upgrade the electric meter equip- Whereas, there are a number of certified by the Clerk of this Coun- ment for terminal sites in the parking lot operators located off air- cil to the County Auditor as provid- approximate amount as purchased ed by law to be placed by him on during the preceding year, to be port property, which provide ser- the tax duplicate and collected as purchased by the Commissioner of vices to customers by regularly other taxes are collected. Purchases and Supplies upon a unit entering airport property to pick-up Section 4. That the Clerk of Coun- basis for the various divisions of and drop-off customers; and cil is authorized and directed to the Department of Port Control. Whereas, imposition of an off air- keep said adjusted assessments on Bids shall be taken in such a man- port user fee would increase rev- file in the Clerk’s Office for so long ner as to permit an award to be enue for, and provide fairer distrib- as any assessment remains unpaid. made for all items as a single con- ution of costs of airport operations, Section 5. That the Clerk of Coun- tract, or by separate contract for maintenance and airport growth; cil is hereby directed to file a cer- each or any combination of said now, therefore tified copy of this ordinance with items as the Board of Control shall Be it ordained by the Council of the Auditor of Cuyahoga County determine. Alternate bids for a peri- the City of Cleveland: within twenty (20) days of the date od less than a year may be taken Section 1. That the Director of of its passage as required by Sec- if deemed desirable by the Commis- Port Control is hereby authorized to tion 319.61, Ohio Revised Code. sioner of Purchases and Supplies enter into agreement(s) with off-air- Section 6. That this ordinance is until provision is made for the port parking lot operators whereby requirements for the entire year. hereby declared to be an emergency the off-airport operator, in exchange Section 2. The cost of said con- measure and, provided it receives for use of airport property, shall be tract shall be charged against the assessed a monthly user fee of 8% the affirmative vote of two-thirds of proper appropriation account and all the members elected to Council, of gross revenues for its use of air- the Director of Finance shall certi- port property in the conduct of such it shall take effect and be in force fy thereon the amount of the initial immediately upon its passage and operator’s business in providing purchase thereunder, which pur- transportation to customers to and approval by the Mayor; otherwise it chase, together with all subsequent shall take effect and be in force from the operator's facilities and purchases, shall be made on order the airport. Further, said Director is from and after the earliest period of the Commissioner of Purchases allowed by law. authorized to issue permits to said and Supplies pursuant to a requisi- off-airport operators for use of air- Passed June 10, 1996. tion against such contract duly cer- port property pursuant to such user Effective June 19, 1996. tified by the Director of Finance. (RL 20852) fee agreements. Such agreement and Section 3. That this ordinance is permit shall contain such provisions Ord. No. 875-96. hereby declared to be an emergency as shall be deemed necessary by the By Councilmen Miller and measure and, provided it receives Director of Law. Rokakis (by departmental request). the affirmative vote of two-thirds of Section 2. That the agreement or An emergency ordinance autho- all the members elected to Council, agreements authorized herein shall rizing and directing the purchase by it shall take effect and be in force be entered into not later than June requirement contract of labor and immediately upon its passage and 30, 1997. materials needed to upgrade the approval by the Mayor; otherwise it Section 3. That this ordinance electric meter equipment for termi- shall take effect and be in force shall take effect and be in force nal sites, for the various divisions from and after the earliest period from and after the earliest period of the Department of Port Control. allowed by law. allowed by law. Whereas, this ordinance consti- Passed June 10, 1996. Passed June 10, 1996. tutes an emergency measure pro- Effective June 19, 1996. Effective July 20, 1996.

Ord. No. 925-96. By Councilmen Johnson, McGuirk and Rokakis (by departmental request). An emergency ordinance to amend Section 133.33 of the Codified Ordinances of Cleveland, Ohio, 1976, as amend- ed by Ordinance No. 308-96, passed April 1, 1996, relating to parking fees. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 133.33 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 308-96, passed April 1, 1996, is hereby amended to read as follows:

Section 133.33 Parking Fees. (a) The Commissioner of Parking Facilities shall cause to be collected fees and charges at the following park- ing facilities in accordance with the following schedule: (1) Willard Park Garage: In divisions (a)(1)A. through (a)(1)F., the rate listed is effective upon the reopening of Willard Park Garage after completion of the improvements.

A. First hour or portion thereof $2.08 B. Each additional half hour or portion thereof 1.16 C. Daily maximum rate from 6 A.M. to 11:00 p.m. up to 8.10 D. Additional overnight charge from 11:00 p.m. to 6 A.M. up to 8.10 E. General monthly rate up to 143.52 F.1. Special monthly rate for City employees 50.93 F.2. Special monthly rate for federal, state and county employees 64.81 G. Special events (flat rate - pay enter) up to 10.00 1226 June 19, 1996 The City Record 97

H. Charge for lost or stolen key card 50.00 I. Returned check charge 15.00 J. Late payment charge 5.00 K. Early Bird Rate (time to be determined by the Director of Parks, Recreation and Properties up to 8.00

(2) Cleveland Convention Center Garage: A. First hour or portion thereof 2.08 B. Each additional half hour or portion thereof 1.16 C. Daily maximum rate from 6 A.M. to 11:00 p.m. up to 7.18 D. Additional overnight charge from 11:00 p.m. to 6 A.M. up to 7.18 E. General monthly rate (the number of key cards may be limited at the discretion of the Commissioners of the Convention Center and Parking Facilities) up to 157.41 F. Special events (flat rate - pay enter) up to 10.00 G. Charge for lost or stolen key card 50.00 H. Returned check charge 15.00 I. Late payment charge 5.00 J. Early Bird Rate (time to be determined by the Director of Parks, Recreation and Properties up to 8.00

(3) Canal Basin Lot: A. Daily rate from 6 A.M. to 6:00 P.M. (flat rate - pay enter) up to 1.85 B. General monthly rate (weekdays between 6 A.M. and 6 P.M.) 37.04 C. Special events, weekdays between 6:00 P.M. and 6 A.M., weekends and holidays (flat rate - pay enter) up to 10.00 D. Returned check charge 15.00 E. Late payment charge 5.00 F. Charge for lost or stolen key card 50.00

(4) North Coast Municipal Parking Lot: A. Daily rate (flat rate - pay enter) up to 2.08 B. City of Cleveland employees no charge C. General monthly rate — non-City of Cleveland employees up to 41.67 D. Special events (flat rate - pay enter) up to 10.00 E. Charge for lost or stolen key card 50.00 F. Returned check charge 15.00 G. Late payment charge 5.00

(b) Wherever the schedule contained in division (a) of this section specifies a maximum fee, the fee to be charged shall be fixed by the Commissioner of Parking Facilities with the consent of the Director of Parks, Recreation and Properties up to the maximum specified. (c) Monthly rate customer parking privileges at Willard Park Garage, Cleveland Convention Center Garage, Canal Basin Lot and North Coast Municipal Parking Lot do not include entry to these garages and lots for spe- cial events held on weekends, holidays or after 6 P.M. on weekdays. (d) Fees collected from the Willard Park Garage, Canal Basin Lot, North Coast Municipal Parking Lot, shall be credited to the Division of Parking Facilities Enterprise Fund for general operations. Fees collected from the Convention Center Garage shall be credited to the Convention Center Enterprise Fund for general operations. (e) The Commissioner of Parking Facilities is authorized to enter into an agreement with the Commissioner of the Convention Center for the operations, management and collection of parking fees at the Convention Cen- ter Garage. (f) The Commissioner of Parking Facilities shall fix and collect such fees and charges as the Commissioner shall determine at parking facilities not identified in division (a) of this section but under the Commissioner’s control until such time as the Council and the Board of Control fix fee schedules for such parking facilities. (g) Notwithstanding any provision in this section to the contrary, the Commissioner of Parking Facilities shall: (1) Designate ten (10) parking spaces in Willard Garage located as close as practical to the entrance to City Hall to be assigned by the Director of Parks, Recreation and Properties to City employees with the greatest number of years seniority as a City employee: (2) Designate at least ten (10) parking spaces located either in the North Mall Lot or in Willard Garage for City employees to park their vehicles at no cost for a maximum of forty-five (45) minutes when required by their jobs to visit City Hall for a short period of time during the work day; and (3) Designate a sufficient number of parking spaces located either in the North Mall Lot or in Willard Garage for City employees who are employed to clean City Hall and who commence work at 3:00 p.m. or later and work later than the closing of Willard Garage. Section 2. That existing Section 133.33 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordi- nance No. 308-96, passed April 1, 1996, is hereby repealed. Section 3. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed June 10, 1996. Effective June 19, 1996. 1227 98 The City Record June 19, 1996

Ord. No. 927-96. part of the Land Reutilization Pro- all the members elected to Council, By Councilmen Miller, McGuirk gram and located at 3104 Carrol it shall take effect and be in force and Rokakis (by departmental Avenue to Gary M. Marich and Jill immediately upon its passage and request). E. Huston-Marich. approval by the Mayor; otherwise it An emergency ordinance to sup- Whereas, the City of Cleveland shall take effect and be in force plement the Codified Ordinances of has elected to adopt and implement from and after the earliest period Cleveland, Ohio, 1976, by enacting the procedures under Chapter 5722 allowed by law. new Section 139.14 thereof, relating of the Ohio Revised Code to facili- Passed June 10, 1996. to applying for and accepting FAA tate reutilization of nonproductive Effective June 19, 1996. grant funds. lands situated within the City of Whereas, this ordinance consti- Cleveland; and tutes an emergency measure pro- Whereas, real property acquired Ord. No. 934-96. viding for the usual daily operation under the City’s Land Reutilization By Councilmen Smith, Jackson, of a municipal department; now, Program is acquired, held, adminis- Rybka and Rokakis (by departmen- therefore, tered and disposed of by the City of tal request). Be it ordained by the Council of Cleveland through its Department An emergency ordinance autho- the City of Cleveland: of Community Development under rizing the sale of real property as Section 1. That the Codified Ordi- the terms of Chapter 5722 of the part of the Land Reutilization Pro- nances of Cleveland, Ohio, 1976, are Ohio Revised Code and Section gram and located at 4509 Franklin hereby supplemented by enacting 183.021 of Codified Ordinances of the Avenue to Dean Ducato. new Section 139.14 to read as fol- City of Cleveland, 1976; and Whereas, the City of Cleveland lows: Whereas, this ordinance consti- has elected to adopt and implement tutes an emergency measure pro- the procedures under Chapter 5722 Section 139.14 Applying for and viding for the usual daily operation of the Ohio Revised Code to facili- Accepting FAA Grant Funds of a municipal department; now, tate reutilization of nonproductive therefore, (a) The Director of Port Control lands situated within the City of Be it ordained by the Council of is hereby authorized to apply for Cleveland; and the City of Cleveland: and accept grants from the United Whereas, real property acquired Section 1. That pursuant to Sec- under the City’s Land Reutilization States of America, acting through tion 183.021 of the Codified Ordi- Program is acquired, held, adminis- its Federal Aviation Administration nances of Cleveland, Ohio, 1976, the tered and disposed of by the City of (“FAA”), to fund projects related to Commissioner of Purchases and Sup- Cleveland through its Department the operations of Cleveland Hopkins plies is hereby authorized to sell of Community Development under International Airport and Burke Permanent Parcel Nos. 003-37-038, as the terms of Chapter 5722 of the Lakefront Airport. The Director is more fully described in Section 2 Ohio Revised Code and Section further authorized to file all papers below, to Gary M. Marich and Jill 183.021 of Codified Ordinances of the and execute all documents neces- E. Huston-Marich. City of Cleveland, 1976; and sary to apply for, accept and receive Section 2. That the real property Whereas, this ordinance consti- funds under said grants; provided to be sold pursuant to Section 1 of tutes an emergency measure pro- that the City shall follow all applic- this Ordinance is more fully viding for the usual daily operation able federal regulations, required by described as follows: of a municipal department; now, the FAA; and that any grant funds therefore, be and are hereby appropriated for P.P. No. 003-37-038 Be it ordained by the Council of the purposes set forth in the appli- Situated in the City of Cleveland, the City of Cleveland: cations for said grants, or any County of Cuyahoga and State of Section 1. That pursuant to Sec- amendments thereto, provided that Ohio, and known as being the West- tion 183.021 of the Codified Ordi- no funds may be expended unless erly one-half of Sublot No. 211 in nances of Cleveland, Ohio, 1976, the the project or purpose has been first Barber and Lord’s Allotment of part Commissioner of Purchases and Sup- specifically authorized by ordinance of Original Brooklyn Township Lot plies is hereby authorized to sell of Council. Nos. 51, 52, 69 and 70, as shown by Permanent Parcel Nos. 002-36-158, as (b) The Director of Port Control the recorded plat in Volume 11 of more fully described in Section 2 is authorized to pay cash match Maps, Page 26 of Cuyahoga County below, to Dean Ducato. funds for projects approved by the Records, and being 32 feet front on Section 2. That the real property FAA for grant funding. Said match- the Northerly side of Carroll to be sold pursuant to Section 1 of ing funds shall be paid from funds Avenue, N.W., and extending back this Ordinance is more fully appropriated for the use of the of equal width 107 feet, 6 inches as described as follows: Department of Port Control and any appears by said plat, be the same existing or future revenue bond more or less, but subject to all legal P.P. No. 002-36-158 funds, grant proceeds and PFC highways. Situated in the City of Cleveland, authorizations. Also subject to zoning ordinances, County of Cuyahoga and State of (c) The Director shall send notice if any. Ohio, and known as being part of to the Clerk of Council, the mem- Section 3. That all documents nec- Sublot Nos. 50 and 51 in Jacob bers of Council from Wards 20 and essary to complete the conveyance Perkins Allotment of part of Origi- 21, and each member of the Aviation authorized by this ordinance shall nal Brooklyn Township Lot Nos. 50 and Transportation Committee each be executed within six (6) months and 51, as shown by the recorded time a grant is applied for under of the effective date of this ordi- plat in Volume 1 of Maps, Page 19 this section, and each time any nance. If all of the documents are of Cuyahoga County Records, and matching funds are expended in not executed within six (6) months bounded and described as follows: excess of ten thousand dollars of the effective date of this ordi- Beginning at the Northeasterly ($10,000) in accordance with this nance, or such additional time as corner of said Sublot No. 50 it being section. may be granted by the Director of the intersection of the Westerly line (d) This section shall expire on Community Development, this ordi- of West 45th Street (formerly December 31, 1996. nance shall be repealed and shall be Lamartine Street) and the South- Section 2. That this ordinance is of no further force or effect. easterly line of Franklin Boulevard, Section 4. That the consideration N.W. (formerly Prospect Street); hereby declared to be an emergency for the subject parcel shall be estab- thence South 70 degrees 40' 00" measure and, provided it receives lished by the Board of Control and West 91.60 feet to the most Wester- the affirmative vote of two-thirds of shall be not less than Fair Market ly corner of said Sublot No. 51; all the members elected to Council, Value taking into account such thence South 19 degrees 20' 00" it shall take effect and be in force terms and conditions, restrictions East 78.00 feet along Southwesterly immediately upon its passage and and covenants as are deemed nec- line of said Sublot No. 51 to a point; approval by the Mayor; otherwise it essary or appropriate. thence North 75 degrees 54' 17" shall take effect and be in force Section 5. That the conveyance East 62.17 feet to a point in said from and after the earliest period authorized hereby shall be made by Westerly line of West 45th Street; allowed by law. official deed prepared by the Direc- thence North 0 degrees 11' 33" West Passed June 10, 1996. tor of Law and executed by the 88.62 feet, along said Westerly line Effective June 19, 1996. Mayor on behalf of the City of of West 45th Street to the place of Cleveland. The deed shall contain beginning, be the same more or less, such provisions as may be neces- but subject to all legal highways. Ord. No. 933-96. sary to protect and benefit the pub- Subject to zoning ordinances, if By Councilmen Smith, Jackson, lic interest. any. Rybka and Rokakis (by departmen- Section 6. That this ordinance is Section 3. That all documents nec- tal request). hereby declared to be an emergency essary to complete the conveyance An emergency ordinance autho- measure and, provided it receives authorized by this ordinance shall rizing the sale of real property as the affirmative vote of two-thirds of be executed within six (6) months 1228 June 19, 1996 The City Record 99 of the effective date of this ordi- immediately upon its passage and 1111-83, passed May 6, 1983, and nance. If all of the documents are approval by the Mayor; otherwise it Ordinance No. 1398-83, passed May not executed within six (6) months shall take effect and be in force 16, 1983, the City amended Sections of the effective date of this ordi- from and after the earliest period 179.01 through 179.18 of the Codified nance, or such additional time as allowed by law. Ordinances of Cleveland, Ohio, 1976, may be granted by the Director of Passed June 10, 1996. to provide that the City escrow its Community Development, this ordi- Effective June 19, 1996. bond retirement fund (the “Sinking nance shall be repealed and shall be Fund”) with the Escrow Agent of no further force or effect. (defined therein) to help restore the Section 4. That the consideration Ord. No. 937-96. confidence of investors in the cred- for the subject parcel shall be estab- By Councilman Rokakis (by itworthiness of the City, to establish lished by the Board of Control and departmental request). a Reserve Account (as defined shall be not less than Fair Market An emergency ordinance autho- therein), to require that it be main- Value taking into account such rizing and directing the purchase by tained at an amount equal to fifteen terms and conditions, restrictions contract of insurance on computer percent of the highest aggregate annual debt charges on all City and covenants as are deemed nec- equipment, for the Division of Infor- essary or appropriate. voted and unvoted general obliga- mation Systems Services, Depart- Section 5. That the conveyance tion bonds and notes payable in any authorized hereby shall be made by ment of Finance, for a period of one subsequent year, and to provide that official deed prepared by the Direc- year, with two one-year options to moneys held therein shall be used tor of Law and executed by the renew. for the payment of debt charges to Mayor on behalf of the City of Whereas, this ordinance consti- the extent that moneys available in Cleveland. The deed shall contain tutes an emergency measure pro- other accounts in the Sinking Fund such provisions as may be neces- viding for the usual daily operation are insufficient for such purposes; sary to protect and benefit the pub- of a municipal department; now, and lic interest. therefore, Whereas, the City’s financial man- Section 6. That this ordinance is Be it ordained by the Council of agement and practices have hereby declared to be an emergency the City of Cleveland: improved and the confidence of measure and, provided it receives Section 1. That the Director of investors in the creditworthiness of the affirmative vote of two-thirds of Finance is hereby authorized and the City has been restored to the all the members elected to Council, directed to make a written contract extent that the maintenance and it shall take effect and be in force in accordance with the Charter and funding of the Reserve Account in immediately upon its passage and the Codified Ordinances of Cleve- the Sinking Fund is no longer nec- approval by the Mayor; otherwise it land, Ohio, 1976, for each or all of essary to enable the City to issue shall take effect and be in force the following items: insurance for general obligation debt under favor- from and after the earliest period computer equipment, for a one (1) able terms to the City; and allowed by law. year term commencing August 5, Whereas, it is therefore desirable Passed June 10, 1996. 1996, with two (2) options, exercis- to amend various sections of Chap- Effective June 19, 1996. able by the Director of Finance, to ter 179 of the Codified Ordinances renew for an additional consecutive of Cleveland, Ohio, 1976, to elimi- one-year term, and cancellable upon nate the Reserve Account in the Ord. No. 936-96. thirty days’ written notice by said Sinking Fund and the requirement By Councilman Rokakis (by director, to be purchased by the that the Reserve Account be fund- departmental request). Commissioner of Purchases and Sup- ed; and An emergency ordinance autho- plies upon a unit basis for the Divi- Whereas, the City covenanted in rizing and directing the Director of sion of Information Systems Ser- Ordinance No. 1749-80, passed Octo- Finance to enter into a contract vices, Department of Finance. ber 8, 1980, as amended by Ordi- nance No. 1112-83, passed May 6, without competitive bidding with Section 2. That the cost of said 1983 (the “General Bond Ordinance”) International Business Machines contract hereby authorized shall be paid from Fund No. 70 SF 140, to maintain the moneys and invest- Corporation for maintenance and ments in the Sinking Fund in trust usage of an IBM Model 3835 IBM Request No. 21599. Section 3. That this ordinance is with the Escrow Agent and to pro- non-impact printer, for the Division vide for deposits to the accounts in of Information Systems Services, hereby declared to be an emergency measure and, provided it receives the Sinking Fund; and Department of Finance. Whereas, Section 14 of the Gener- the affirmative vote of two-thirds of Whereas, this ordinance consti- al Bond Ordinance provides that the tutes an emergency measure pro- all the members elected to Council, City and the Trustee (as defined viding for the usual daily operation it shall take effect and be in force therein) may execute amending of a municipal department; now, immediately upon its passage and ordinances amending the General therefore, approval by the Mayor; otherwise it Bond Ordinance, subject in the case Be it ordained by the Council of shall take effect and be in force of certain amendments to the the City of Cleveland: from and after the earliest period receipt of the consent of not less Section 1. That it is hereby deter- allowed by law. than 66-2/3% of the holders of out- mined that the within services are Passed June 10, 1996. standing general obligation bonds non-competitive and cannot be Effective June 19, 1996. issued under the General Bond Ordi- secured from any source other than nance; and International Business Machines Whereas, the original purchasers Corporation. Therefore, the Director Ord. No. 944-96. of the City’s outstanding general of Finance is authorized and direct- By Councilman Rokakis (by obligation bonds issued under the ed to make a written contract with departmental request). General Bond Ordinance in 1993 and International Business Machines An emergency ordinance to amend 1994, as a condition of their pur- Corporation for the maintenance Sections 179.01, 179.03, 179.04, 179.09 chase of those bonds and on behalf and usage of an IBM Model 3835 and 179.11 of the Codified Ordi- of all subsequent holders of those non-impact printer for the period nances of Cleveland, Ohio, 1976, as bonds, consented to the amendments amended by Ordinance No. 1748-80, commencing January 1, 1997, and contained herein to eliminate the passed October 8, 1980, to amend Se c - expiring December 31, 1997, with Reserve Account and the require- tion 179.10, of the Codified Ordinances ment that the Reserve Account be one (1) option, exercisable by the of Cleveland, Ohio, 1976, as amend- Director of Finance, to renew for an funded and maintained, the City ed by Ordinance No. 1398-83, passed intends to obtain the consent to additional consecutive term of one may 16, 1983, to amend Section those amendments from the original (1) year, to be purchased by the 179.12 of the Codified Ordinances of purchasers of the City’s general Commissioner of Purchases and Sup- Cleveland, Ohio, 1976, as amended obligation bonds to be issued under plies upon a unit basis, for the Divi- by Ordinance No. 1111-83, passed the General Bond Ordinance in 1996 sion of Information Systems Ser- May 6, 1983, and to amend sections and, upon receipt of the consents of vices, Department of Finance. 1, 6, 9, and 17 of Ordinance No. 1749- those 1996 bondholders, the consents Section 2. That the cost of said 80, passed October 8, 1980, all relat- of the holders of not less than 66- contract hereby authorized shall be ing to the City’s covenants under its 2/3% of outstanding general oblig- paid from Fund No. 70 SF 140, general bond ordinance; appointing ation bonds issued under the Gen- Request No. 21601. a successor trustee under the gen- eral Bond Ordinance will have been Section 3. That this ordinance is eral bond ordinance; and authoriz- obtained; and hereby declared to be an emergency ing and approving related matters. Whereas, it is necessary to measure and, provided it receives Whereas, pursuant to Ordinance appoint a successor trustee under the affirmative vote of two-thirds of No. 1748-80, passed by the Council of the General Bond Ordinance to all the members elected to Council, the City of Cleveland on October 8, replace Society National Bank (the it shall take effect and be in force 1980, as amended by Ordinance No. successor to Morgan Guaranty Trust 1229 100 The City Record June 19, 1996

Company of New York, the original which are not or cease to be Self- accounts of the Sinking Fund trustee) because Society National Supporting Obligations. described in subsections (a) Bank has sold substantially all of (g) “Self-Supporting Obligations”: through (d) of this section, provid- its corporate trust operations, and it general obligation bonds of the City, ed that each such sub-account shall is necessary and desirable to make and notes issued in anticipation of be for a purpose or purposes with- certain amendments to the General such bonds, issued for permanent in the purposes of such account and Bond Ordinance that do not require improvements (as defined in RC shall not be inconsistent with any the consent of bondholders to cure 133.01) which constitute or are part other provision of this chapter, or certain inconsistencies in the Gen- of an Enterprise of the City, to the any ordinance authorizing the eral Bond Ordinance resulting from extent that the City’s Self-Support- issuance of bonds or notes. the change in the bank serving as ing Revenues from such Enterprise Trustee and paying agent; and are sufficient and available to meet 179.04 Transfer of Moneys and Whereas, it is necessary that this the annual debt charges on such Investments to Escrow Agent Ordinance become effective immedi- bonds issued or to be issued for the Upon designation of the Escrow ately in order that the City may purposes of such Enterprise. “Voted Agent pursuant to Section 179.02, promptly proceed in 1996 with the Self-Supporting Obligations” are the Sinking Fund Commission shall issuance of bonds under the Gener- Self-Supporting Obligations which transfer to and deposit with the al Bond Ordinance and proceed to are Voted Obligations; “Unvoted Escrow Agent all moneys and implement the amendments to effect Self-Supporting Obligations” are all investments held in the Sinking the elimination of the Reserve other Self-Supporting Obligations. Fund or in any other fund of the Account in order to achieve more (h) “Self-Supporting Revenues”: City for the payment of debt efficiency in its financial manage- the annual income to the City, charges on Voted Obligations, ment, and as a result, this Ordi- including charges, prices, fees, and Unvoted Tax Supported Obligations, nance constitutes an emergency rentals, from the operation or own- and Unvoted Self-Supporting Obliga- measure providing for the immedi- ership of an Enterprise, after tions, and shall direct that such ate preservation of the public peace, deducting therefrom the City’s annu- moneys and investments be credited property, health and safety, and for al cost of operation and mainte- to the following accounts: the usual, daily operation of a nance (other than depreciation) of (a) All such moneys and invest- municipal department; now, there- such Enterprise and any payments ments derived from collections of ad fore, or deposits required to be made by valorem property taxes levied out- Be it ordained by the Council of the City under any ordinance, trust side the ten-mill limitation for the the City of Cleveland that: indenture, trust agreement or other then current budget year shall be Section 1. Amendment. The fol- agreement which pertains to rev- credited to the Voted Obligations lowing Sections of Chapter 179 of enue or mortgage revenue bonds or Account; the Codified Ordinances of Cleve- notes issued for the purposes of (b) All such moneys and invest- land, Ohio, 1976, are hereby amend- such Enterprise or which otherwise ments derived from collection of ad ed: Sections 179.01, 179.03, 179,04, creates a prior pledge or lien on valorem property taxes within the 179.09 and 179.11, as amended by such income for payments of any ten-mill limitation for the then cur- Ordinance No. 1748-80, passed Octo- obligations other than debt charges rent budget year shall be credited ber 8, 1980, Section 179.10, as amend- on general obligation bonds or notes to the Unvoted Tax Supported Oblig- ed by Ordinance No. 1398-83, passed of the City. ations Account; May 16, 1983, and Section 179.12, as (i) “Enterprise”: a water system, (c) All such moneys and invest- amended by Ordinance No. 1111-83, electric power or distribution sys- ments held for the payment of debt passed May 16, 1983. Those Sections tem, airports, or ports, or any motor charges on voted Self-Supporting are amended and restated in their vehicle parking system, solid waste Obligations shall be credited to the entirety to read as follows: collection, disposal, or recovery sys- Voted Obligations Account; tem or other facility, or group or (d) All such moneys and invest- 179.01 Definitions system of facilities, determined to ments held for the payment of debt As used in this chapter, the fol- be an enterprise for purpose of this charges on Unvoted Self-Supporting lowing terms shall have the follow- chapter pursuant to an ordinance Obligations shall be credited to the ing meanings: authorizing the issuance of Self-Sup- Unvoted Self-Supporting Obligations (a) “Sinking Fund”: the Sinking porting Obligations for the purpos- Account; and Fund provided for in this chapter, es of such system or facility. (e) All such moneys and invest- which constitutes the Bond Retire- (j) “Ten-Mill Limitation”: the ten- ment which represent the proceeds ment Fund of the City required by mill limitation defined in RC of renewal notes or bonds or refund- RC 5705.09(C). 5705.02. ing bonds, special assessments, or (b) “Sinking Fund Commission”: other moneys to be applied to the the commission consisting of the 179.03 Sinking Fund Accounts payment of debt charges on unvot- Mayor, the Director of Finance, and The following accounts shall be ed general obligation bonds, and the President of the Council, estab- established for the Sinking Fund: notes issued in anticipation of such lished pursuant to Section 110 of the (a) Voted Obligations Account to bonds, shall be credited to the Charter of the City of Cleveland to be held for and applied solely to the Unvoted Bond and Note Redemption manage and control the Sinking payment of debt charges on Voted Account. Fund in the manner provided by Obligations; Upon the designation of any suc- ordinance and by general law to the (b) Unvoted Tax Supported Oblig- cessor Escrow Agent pursuant to extent not provided by ordinance. ations Account to be held for and Section 179.02, the moneys and (c) “Escrow Agent”: the agent applied solely to the payment of investments of the Sinking Fund, designated by the Sinking Fund debt charges on Unvoted Tax Sup- including each such account, shall Commission pursuant to Section ported Obligations (other than the be transferred promptly to such Suc- 179.02 for the purposes set forth in payment of principal on bond antic- cessor Escrow Agent. this chapter. ipation notes except for the amount (d) “Debt Charges”: the principal of such notes required to be retired 179.09 [Reserved] of and call premium, if any, and pursuant to RC 133.22 if such notes 179.10 Deposits in and Disburse- interest on general obligation bonds are outstanding for more than five ments From Sinking Fund Accounts or notes of the City. (5) years); With respect to any deposit with the (e) “Voted Obligations”: general (c) Unvoted Self-Supporting Oblig- Escrow Agent of revenues which obligation bonds of the City autho- ations Account to be held for and the Sinking Fund Commission is rized by vote of the electors and applied solely to the payment of required to make or cause to be notes issued in anticipation of such debt charges on Unvoted Self-Sup- made to various Sinking Fund bonds. porting Obligations; and accounts pursuant to Sections 179.05 (f) “Unvoted Tax Supported Oblig- (d) Unvoted Bond and Note through 179.08, inclusive, the Sink- ations”: general obligation bonds of Redemption Account to be held for ing Fund Commission shall make the City, not authorized by vote of and applied solely to the payment such deposits or cause such deposits the electors, and notes issued in of debt charges and accrued inter- to be made in such amounts and at anticipation of such bonds, other est on unvoted general obligation such times (pursuant to ordinances than Self-Supporting Obligations, bonds, and notes issued in anticipa- providing for the issuance or secur- payable from ad valorem property tion of such bonds, which are to be ing of bonds or notes where applic- taxes levied within the limitations retired from the proceeds of the able provision is made) to allow for provided by law, irrespective of issuance of renewal notes, or bonds the payment of debt charges from whether such bonds or notes are or refunding bonds, or from special such accounts in the amounts and secured by other receipts of the City assessments or other monies trans- at the times required by the ordi- in addition to such ad valorem prop- ferred for such purposes. nances and agreements pertaining erty taxes, and including any such The Sinking Fund Commission to the various obligations for the general obligation bonds, and notes may from time to time establish payment of the debt charges on issued in anticipation of such bonds, sub-accounts within any of the which such accounts are respective- 1230 June 19, 1996 The City Record 101 ly held. The Escrow Agent shall, at United States of America, as custo- tions of the City payable from any the times and in the amounts dian for the institution issuing the of the Sinking Fund accounts; required by such ordinances and deposit, together with the undertak- (5) obligations of any state of the agreements, make disbursements ing of such institution, in form sat- United States of America or any from the appropriate Sinking Fund isfactory to the Escrow Agent, that political subdivision of any state, accounts to the paying agents the aggregate market value of the other than the City, for the payment responsible for the payment of debt obligations securing such deposit at of which the full faith and credit of charges on the various obligations. all times will be maintained in an the state or political subdivision is 179.11 Transfers and Advances amount meeting the requirements of pledged, provided that such obliga- Between Sinking Fund Accounts this subparagraph (C), and (ii) in tions are rated in the second high- The Sinking Fund Commission shall which the Escrow Agent has a prior est or higher rating category by a not authorize, and the Escrow perfected first lien and which are rating service or agency that main- Agent shall not make, any transfer not subject to any third-party tains a rating on obligations of the from any Sinking Fund account to claims; City payable from any of the Sink- any other Sinking Fund account or (3) repurchase agreements collat- ing Fund accounts; and to any other fund except for (a) the eralized by securities described in (6) investments in the pooled transfer of funds in the Reserve paragraph (1) above with any reg- investment program established in Account to the Unvoted Tax Sup- istered broker/dealer under the the custody of the Treasurer of the ported Obligations Account and the jurisdiction of the Securities State pursuant to Section 135.45 of Unvoted Self-Supporting Obligations Investors’ Protection Corporation or the Ohio Revised Code for invest- Account in connection with the elim- any state bank or trust company or ment of money by political subdivi- ination of the Reserve Account, and national banking association, sions of the State. (b) in the event there are no longer including the Escrow Agent, if such (b) With respect to moneys cred- outstanding any obligations for the broker/dealer, bank or trust compa- ited to any Sinking Fund account, payment of debt charges on which ny has (or its parent holding com- the Sinking Fund Commission shall a Sinking Fund account is held, pany has, if it provides a guarantee authorize and the Escrow Agent then the Sinking Fund Commission of the obligation) unsecured, unin- shall effect the investment of such may authorize and instruct the sured and unguaranteed commercial moneys only in obligations which Escrow Agent in writing to transfer paper rated in the highest rating shall mature (or be redeemable at the balance in such account to any category, or unsecured, uninsured the option of the holder) at such other Sinking Fund account. and unguaranteed long-term obliga- times and in such amounts as to 179.12 Investment of Moneys in tions rated in the third highest or allow the Escrow Agent to make all Sinking Fund Accounts higher rating category, by a rating required payments of debt charges (a) Subject to the restrictions set service or agency that maintains a from such account in a timely man- forth in this section, the Sinking rating on obligations of the City ner. Fund Commission shall, by written payable from any of the Sinking (c) In order to fulfill the Escrow instruction, direct the investment by Fund accounts, provided that: Agent’s duty under Section 179.10 to the Escrow Agent of moneys cred- (A) a master repurchase agree- make disbursements from the vari- ited to the various Sinking Fund ment or specific written repurchase ous Sinking Fund accounts in the accounts. The Sinking Fund Com- agreement governs the transaction, amounts and at the times required mission shall authorize and the (B) the securities are held by the for the payment of debt charges Escrow Agent shall effect the Escrow Agent or an independent from such accounts, the Escrow investment of moneys credited to third party acting solely as agent Agent shall, if and to the extent the Sinking Fund accounts only in for the Escrow Agent free and clear necessary for that purpose, sell or the following obligations: of any lien, and such third party is redeem any investment held to the (1) Direct obligations of the Unit- (i) a Federal Reserve Bank, or (ii) credit of any such account from ed States of America or obligations, a bank that is a member of the which such a disbursement is to be the timely payment of the principal FDIC and that has combined capi- made, and the Escrow Agent may of and interest on which is fully tal, surplus and undivided profits of do so without any further autho- guaranteed by the United States of not less than $50,000,000, and the rization by the Sinking Fund Com- America; Escrow Agent shall have received mission, the City, or any officer of (2) certificates of deposit, demand written confirmation from such the City. deposits or time deposits of any third party that it holds such secu- (d) The income from any invest- state bank or trust company or rities, free of any lien, as agent for ment made pursuant to this section national banking association, the Escrow Agent, (including interest, proceeds from including the Escrow Agent or any (C) a perfected first security sale or redemption, and other affiliate of the Escrow Agent, which interest in such securities under the income) shall be credited to the is a member of the Federal Deposit Uniform Commercial Code or book Sinking Fund account for which Insurance Corporation (FDIC), entry procedures prescribed by fed- such investment was made. (including any investment in pools eral regulations, is created for the (e) To prevent bonds or notes of those certificates of deposit, benefit of the Escrow Agent (as issued by the City from becoming demand deposits or time deposits demonstrated by an opinion of coun- “arbitrage bonds” under Section owned by the bank, trust company sel upon which the Escrow Agent 103(c) of the Internal Revenue Code or national banking association), may rely as to perfection and pri- and regulations promulgated there- provided that any such certificate of ority), under, the Sinking Fund Commis- deposit, demand deposit or time (D) the repurchase agreement has sion shall, from time to time as nec- deposit is a term of 30 days or less, or the essary for that purpose, authorize (A) continuously and fully Escrow Agent will value the collat- and instruct the Escrow Agent in insured by FDIC, or eral securities no less frequently writing to (1) restrict the yield (B) issued by an entity that has than once every seven days and will received on the investment of mon- (or guaranteed by an entity’s par- liquidate the collateral securities if eys held in any Sinking Fund ent holding company that has) any deficiency in the required col- account or earnings thereon, and (2) either unsecured, unguaranteed and lateral percentage is not restored take other actions consistent with uninsured commercial paper rated within two business days of such the provisions of this chapter with in the highest rating category, or valuation, respect to the application of such unsecured, unguaranteed and unin- (E) the fair market value of the moneys or earnings thereon. sured long-term obligations rated in securities in relation to the amount Section 2. Transfer of Moneys in the third highest or higher rating of the repurchase obligation, includ- Reserve Account. Upon the execu- category, by a rating service or ing principal and interest, is equal tion of this Ordinance by the agency that maintains a rating on to at least 100%; (4) investment Trustee pursuant to Section 5 here- obligations of the City payable from contracts (which term shall not in and Section 14 of the General any of the Sinking Fund accounts, include repurchase agreements) Bond Ordinance, the Sinking Fund or fully collateralized by securities Commission shall direct the Escrow (C) fully secured, to the extent described in paragraph (1) above, Agent to, and the Escrow Agent not insured by FDIC, by obligations with an institution that has (or its shall, transfer the moneys in the of the type described in paragraph parent holding company has, if it Reserve Account in the Sinking (1) above (i) that have a market provides a guarantee of the obliga- Fund to the Unvoted Tax Supported value at all times at least equal to tion) either unguaranteed and unin- Obligations Account and the Unvot- the uninsured principal amount of sured commercial paper rated in the ed Self-Supporting Obligations the deposit, (ii) that are held by the highest rating category, or unse- Account in the Sinking Fund in pro- Escrow Agent (except in case of a cured, unguaranteed and uninsured portion to the debt service to be certificate of deposit, demand long-term obligations rated in the paid from those accounts on obliga- deposit or time deposit of the third highest or higher rating cate- tions outstanding as of the date of Escrow Agent) or any Federal gory, by a rating service or agency such transfer. Reserve Bank or depository of the that maintains a rating on obliga- Section 3. Amendments to Ordi- 1231 102 The City Record June 19, 1996 nance No. 1749-80, passed October 8, ed in the City’s Charter as Director Series Bond Ordinance, and their 1980 (the General Bond Ordinance). of Finance, which is the office successors, and shall also mean the The following Sections of Ordinance defined in Division (D) of Section Trustee when so designated for 1749-80 are amended as follows: 133.01 of the Revised Code of Ohio such purpose. Section 1. Definitions and Inter- as the City’s fiscal officer, and “Self-Supporting Obligations” pretations. The following words and includes any person serving as Act- means self-supporting obligations as terms as used in this General Bond ing Director of Finance for the City defined in Chapter 179. Ordinance, in Series Bond Ordi- under its Charter and Codified Ordi- “Self-Supporting Revenues” means nances and in the Bonds shall have nances of Cleveland, 1976. self-supporting revenues as defined the following meanings unless oth- “Effective Schedule” means the in Chapter 179. erwise therein provided and unless effective schedule defined in Section “Series Bond Ordinances” mean the context or use clearly indicates 9(c) of this Ordinance. ordinances passed by the Council another or different meaning or “Escrow Agent” means the escrow authorizing the issuance of unvoted intent: agent selected pursuant to Chapter general obligation bonds of the City “Act” means Sections 118.01 to 179 and each successor to such func- in accordance with this General 118.99, inclusive, and Sections 717.15 tion. Bond Ordinance, and particularly and 717.16 of the Revised Code of “Financial Plan” or “Plan” means Section 3 hereof, and includes any Ohio, as the same may be amended, any financial plan for the City as ordinance, resolution or certificate modified, revised, supplemented, or adopted and amended and approved providing for or evidencing the superseded from time to time, pro- by the Commission in accordance award and terms of the Bonds as vided that no further action by the with Section 118.06 of the Revised authorized by any Series Bond Ordi- General Assembly of Ohio shall Code of Ohio. nance. alter the obligation of the City to “Financial Supervisor” means the “Sinking Fund” means the bond pay the Bond service charges in the financial supervisor as defined in retirement fund required by Section amount and manner, at the times, Section 118.01(Q) of the Revised 5705.09(C) of the Revised Code of and from the sources provided in Code of Ohio, which is included in Ohio and referred to in Chapter 179. this General Bond Ordinance and the reference to “Commission” here- “Sinking Fund Commission” the applicable Series Bond Ordi- in whenever duly authorized to act means the sinking fund commission nances. on behalf of the Commission with as defined in Chapter 179. “Agency” means the agency respect to the matter. “State” means the State of Ohio. defined in Section 9(b) of this Ordi- “General Bond Ordinance” or “this “Ten Mill Limitation” means the nance. Ordinance” as used herein means ten mill limitation defined in Sec- “Agreement” means the Bond Pur- this Ordinance, as the same may be tion 5705.02 of the Revised Code of chase Agreement dated as of Sep- amended from time to time in accor- Ohio. tember 1, 1980, between the City and dance with Section 14 hereof. “Trustee” means the bank or trust the Original Purchasers under the “Original Purchaser” as to any company and successors appointed Agreement providing for the sale of Bonds means the person or persons pursuant to Section 11 of this Ordi- bonds of the City in aggregate prin- who are the first purchasers of such nance, being a fiscal agent within cipal amount of $36,215,000. Bonds directly from the City. the meaning of Section 118.18 of the “Bond” or “Bonds” means any “Original Purchasers under the Revised Code of Ohio, authorized to bond, or all the Bonds, or an issue Agreement” means the original pur- exercise trust powers in the State. or series of Bonds, as the case may chasers identified in or pursuant to “Unvoted Self-Supporting Obliga- be, of the City issued pursuant to the Agreement. tions Account” means the unvoted the General Bond Ordinance and “Outstanding Bonds” or “Bonds self-supporting obligations account any Series Bond Ordinance. outstanding” or “outstanding” as described in Chapter 179. “Bondholder” or “holder” or “hold- applied to Bonds, means, as of any “Unvoted Tax Supported Obliga- er of Bonds” or any similar term, date, all Bonds issued pursuant to tions” means unvoted tax supported means any person who is the bear- all Series Bond Ordinances which obligations as defined in Chapter er of a coupon Bond which is not have been authenticated by the 179. registered as to principal or the Trustee and delivered by the City, “Unvoted Tax Supported Obliga- principal of which is registered to except: tions Account” means the unvoted bearer, or the person in whose name (a) Bonds surrendered for tax supported obligations account a registered Bond is registered, and exchange or transfer or cancelled described in Chapter 179. as to a coupon means the bearer of because of payment or redemption “Voted Obligations” means voted the coupon. at or prior to such date; obligations as defined in Chapter “Chapter 179” means Chapter 179 (b) Bonds which are deemed to 179. of the Codified Ordinances of the have been paid and discharged pur- Any reference herein to the City, City as enacted by Ordinance No. suant to the provisions of Section 15 the Council, the Commission, or to 1748-80 adopted by this Council and of this Ordinance; any officers or to other public as in effect on October 8, 1980, (c) Bonds which have matured boards, commissions, departments, except as such chapter may there- and Bonds which have been duly institutions, agencies, bodies, enti- after be amended in the manner, called for redemption if moneys for ties or officers, shall include those and subject to the restrictions pro- the payment of the principal of, and which succeed to their functions, vided in Section 14 hereof with interest and premium, if any, on duties or responsibilities pursuant respect to the manner of amending such Bonds have been deposited to or by operation of law or who are this Ordinance. with and are held by the Paying lawfully performing their functions. “City” means the City of Cleve- Agents so as to be available for pay- Any reference to a section or provi- land, Ohio. ment or redemption of such Bonds, sion of the Revised Code of Ohio or “Commission” or “Financial Plan- provided that the Trustee has to the laws of Ohio shall include ning and Supervision Commission received notice, in a form satisfac- such section or provision and such for the City” means any Financial tory to the Trustee, that such Bonds laws as from time to time amended, Planning and Supervision Commis- have matured or have been duly modified, revised, supplemented, or sion for the City of Cleveland called for redemption and that mon- superseded, provided that no such appointed pursuant to Section 118.05 eys have been deposited with and amendment, modification, revision, of the Revised Code of Ohio. are held by the Paying Agents; supplementation, or supersession “Council” means the legislative (d) Lost, stolen, mutilated or shall alter the obligation to pay the authority of the City of Cleveland, destroyed Bonds in lieu of which Bond service charges in the amount Ohio. others have been authenticated and and manner, at the times, and from “coupon” or “interest coupon” delivered (or payment of which is the sources provided in this Ordi- means any of the coupons evidenc- made, when due, without replace- nance, and the applicable Series ing the installments of interest on ment) unless proof satisfactory to Bond Ordinance. Unless the context the applicable coupon Bond. the Trustee is presented that any shall otherwise indicate, words “coupon Bond registered as to such Bonds are held by bona fide importing the singular number shall principal” means any coupon Bond holders in due course; and include the plural number, and vice at the time registered as to princi- (e) With respect to the provisions versa, and the terms “hereof”, “here- pal in the name of the Bondholder. for waivers of defaults, directing in”, “hereby”, “hereto”, “hereunder”, “Debt service charges” or “debt remedies or consenting to amend- and similar terms, refer to this Ordi- charges” means the principal, ments of this Ordinance, any Bonds nance. including any mandatory sinking during such time as they are held fund requirements, interest, and by the City. Section 6. Sinking Fund. redemption premium, if any, “Paying Agents” means banks or (a) Authority. Pursuant to Section required to be paid by the City on trust companies designated as the 118.20 of the Revised Code of Ohio, the Bonds. paying agencies or places of pay- Section 110 of the City’s Charter and “Director of Finance” means the ment for Bonds by or pursuant to Chapter 179 of the Codified Ordi- person holding the office designat- this Ordinance or the applicable nances of the City (“Chapter 179”), 1232 June 19, 1996 The City Record 103 the City has established a Sinking ably estimated interest income prop- ing designation of the amounts from Fund (constituting a bond retire- erly to be credited to the Unvoted specified sources to be deposited to ment fund in compliance with Chap- Tax Supported Obligations Account, the credit of the respective accounts ter 5705 of the Revised Code of including interest from investment of the Sinking Fund. The City shall Ohio), and shall place the moneys of moneys held to the credit of such also cause a certified copy of the and investments of the Sinking account. To the extent of any defi- schedule to be submitted to the Cen- Fund in trust with the Escrow ciency in time or amount of such tral Collection Agency (Income Tax Agent, selected pursuant to Chapter revenue receipts to be credited to Administrator of the City) or other 179 (said Escrow Agent and each the Unvoted Tax Supported Obliga- entity or officer having charge of bank succeeding to such function tions Account of the Sinking Fund collection of the City’s income taxes being herein called the “Escrow to meet debt charges payable from at the time (the “Agency”, which Agent”) for the benefit of holders of such account there shall be set forth term, where appropriate, includes bonds and notes of the City payable in such schedule of monthly pay- the Central Collection General from the accounts of the Sinking ments from the income tax receipts, Account, or any other fund or Fund, which accounts are as fol- in equal monthly amounts from the account in or to the credit of which lows: (i) Voted Obligations Account, first month of the year, sufficient to income tax receipts allocable to the (ii) Unvoted Self-Supporting Obliga- meet such deficiency, to wit: As to City are first held upon collection tions Account, (iii) Unvoted Tax the first debt charges payment date and prior to distribution to other Supported Obligations Account, (iv) for which a deficiency is determined funds or accounts of the City; and Unvoted Bond and Note Redemption (by taking into account only also includes any agency which is Account. receipts to be credited to such independent of the City hereafter (b) Covenant to Maintain. So long account from the above-described authorized to collect the City’s as any of the Bonds are outstand- sources, other than the income income taxes, for which purpose the ing, the City covenants with the taxes, through the last calendar City hereby covenants that in so holders of the Bonds and the month preceding such debt charges authorizing such collection by such Trustee and any successor Trustee payment date), the schedule shall agency the City shall require the provided for in Section 11 hereof provide for payments from the agreement of such agency, for the (the “Trustee”) to maintain the mon- income tax receipts to such account benefit of the Bondholders, to com- eys and investments of the Sinking in each month from the first month ply with the applicable provisions of Fund irrevocably in trust with the of the year to the month preceding this Ordinance pertaining to the Escrow Agent, maintain the that in which such first debt Agency). The tax budget of the City accounts and sub-accounts as pro- charges payment date occurs, inclu- and its appropriation ordinances vided, and solely for the respective sive, of monthly amounts equal to shall be consistent with such certi- purposes set forth, in Chapter 179 such deficiency divided by the num- fied schedule. The City shall moni- and this Ordinance, and to provide ber of such months of the year pre- tor continuously all estimates and for deposits into and maintenance of ceding the month in which such actual receipts of the amounts from required amounts, and investments, debt charges payment date occurs; the respective sources to be deposit- transfers, advances and application for each subsequent debt charges ed to the respective accounts of the of moneys in, such accounts in the payment date any such deficiency Sinking Fund. If at any time the amounts, time and manner provided shall be determined on the basis of projected or actual amount of the in, and in all other respects consis- such other receipts to be credited to receipts in the Unvoted Tax Sup- tent with, Chapter 179 and this Ordi- the account through the last full ported Obligations Account from nance, and in the event of resigna- calendar month preceding such date sources other than income taxes is tion or other termination of an after deducting debt charges less than the amount budgeted from Escrow Agent, to promptly desig- payable from the account prior to such sources or the projected nate a successor Escrow Agent with such date, and the schedule shall amount required to be paid from the qualifications required by Chap- provide for payments from the such account will be greater than ter 179 so that there will be no lapse income tax receipts to such account estimated in such schedule, the in the holding of the Sinking Fund in each month from the first month Director of Finance shall certify a by an Escrow Agent. of the year to the month preceding revised schedule of increased that in which such debt charges deposits from the income tax, based Section 9. Supplementary Debt Ser- payment date occurs, inclusive, in on a projection of the same propor- vice Moneys. monthly amounts equal to such defi- tional deficiency from such other (a) Covenant. Subject to the pro- ciency divided by the number of sources for the ensuing months of visions of subsection (g) hereof, the such months of the year preceding the fiscal year or such greater defi- City hereby covenants that, so long the month in which such debt ciency from such sources as the cir- as any of the Bonds are outstand- charges payment date occurs; so cumstances indicate to the Director ing, it will collect, appropriate and that the total amount so scheduled of Finance and projection of such deposit to the Unvoted Tax Sup- to be deposited to such account from revised requirements, such that the ported Obligations Account of the income tax receipts in any month increased deposits from the income Sinking Fund held by the Escrow shall be the aggregate of the respec- tax will be sufficient to meet such Agent, for the payment of debt tive equal monthly amounts deter- projected deficiencies and require- charges payable from such account, mined with respect to each such ments. The Director of Finance municipal income taxes and other debt service payment date. Such shall certify such revised schedule taxes, receipts, and available rev- schedule, certified by the Director of of deposits from the income tax to enues sufficient in amount and time Finance of the City, shall be deliv- the Trustee and to the Agency. If of receipt to meet such debt charges ered by the City to the Trustee a the deposits from said sources other as provided in this section. reasonable time before the tax bud- than from the income tax shall for (b) Schedules of Payments. Such get is adopted by the City. Such at least three consecutive months amount of municipal income taxes schedule and certification and thereafter achieve the budgeted shall be determined annually and revised schedules certified under amount and amounts of any addi- adjusted periodically as follows: this paragraph shall be accompa- tional requirements not anticipated With each tax budget, the City shall nied by a report prepared by the in the budget, the Director of set forth a schedule, on a monthly independent accounting firm Finance may again revise the basis for the full budget year, of the engaged pursuant to paragraph (c) schedule for deposits of income year-end balances and the tax and of Section 10 of this Ordinance stat- taxes consistent with the original other receipts to be credited to the ing, and showing financial data suf- schedule and similarly certify to the various accounts of the Sinking ficient to demonstrate, that the total Trustee (with supporting informa- Fund, other than from the income amount to be deposited to the Unvot- tion) and to the Agency. At any tax, and the times and amounts of ed Tax Supported Obligations time that deposits to the Unvoted payments from the respective Account from income tax receipts in Tax Supported Obligations Account accounts of the Sinking Fund to any month as set forth in such from sources other than the income meet the required debt charges schedule is consistent with the tax have exceeded the amounts payable from such accounts. For requirements of paragraph (b) of scheduled therefrom for three con- such tax budget purpose, such tax this Section, and that the making of secutive months, the Director of and other receipts planned to be such deposits can reasonably be Finance may certify a revised credited to the Unvoted Tax Sup- expected to result in there being schedule of deposits thereto from ported Obligations Account shall be amounts in the Account sufficient to the income tax to the Trustee and limited to the ad valorem tax levy make timely payment of all debt to the Agency. Such schedule may within the ten-mill limitation, spe- charges scheduled to be paid from also be revised at any time, in a cial assessments levied for debt such Account during such budget manner consistent with the objec- charges on unvoted general obliga- year. The City shall provide to the tive of this section, upon the con- tions, accrued interest and premium, Trustee all information required by currence of the Director of Finance if any, received upon the sale of the Trustee with respect to such and the Trustee and certification of unvoted general obligations, reason- schedule or revised schedule, includ- the revised schedule by the Director 1233 104 The City Record June 19, 1996 of Finance to the Trustee and to the City covenants to appropriate annu- tions (b) and (e) hereof, exceeds Agency. ally sufficient amounts from the the ceiling, then such amount of (c) Withholding and Payment. income taxes for such purpose. The municipal income taxes to be col- Commencing with the first day of City further covenants that so long lected, appropriated, deposited and each month during which a deposit as any of the Bonds are outstand- pledged pursuant to this Section 9 from the income tax receipts is to ing, the City shall not repeal or shall be the amount so determined; be made to the Unvoted Tax Sup- amend any ordinance for the levy or (ii) If, while the ceiling is in ported Obligations Account of the collection of its income taxes in any effect, the amount of such munici- Sinking Fund in accordance with manner or to such extent that the pal income taxes, as determined in the schedule last certified by the City would not be able to meet its accordance with subsections (b) and Director of Finance to the Trustee obligations to the holders of the (e) hereof, exceeds such limit, then and to the Agency (the “Effective Bonds under this Section, and any the City shall set forth in the sched- Schedule”), there shall be withheld attempt to do so in any manner ule required under Subsection 9(b) in the Agency, from the first and shall be void and of no effect. hereof the source and amount of ensuing collections of income taxes (f) Appropriations; Superseding other additional available revenues allocable to the City the full amount Effect. The City further covenants (subject to application of local gov- to be so deposited in such month that all income taxes and other ernment fund receipts to make and there shall not be paid over taxes, receipts, and available rev- deposits for the payment of debt from the Agency to any other City enues to be deposited with the charges on notes hereafter issued fund any amount from income tax Escrow Agent to the credit of the under Section 118.17 of the Revised receipts allocable to the City until Unvoted Tax Supported Obligations Code of Ohio) to be credited and the amounts of income tax receipts Account of the Sinking Fund in deposited to the Unvoted Tax Sup- set forth in the Effective Schedule accordance with this Ordinance ported Obligations Account in addi- for that month has been reserved shall be deemed to be appropriated tion to the tax and other receipts, and paid over directly from the to such accounts and shall not be including an amount of municipal Agency to the Escrow Agent and available for or appropriated to any income tax receipts not less than receipt thereof has been acknowl- other purpose, and that any appro- the ceiling, otherwise to be credited edged by the Escrow Agent. Such priation ordinance or transfer ordi- to that account under Subsection amount shall be paid over to the nance or order inconsistent with 9(b) hereof, and such other addi- Escrow Agent in the most expedi- this covenant shall not be or be tional available revenues shall be tious manner practical as may be deemed to be effective to authorize included in determining the suffi- arranged among the Director of application of such income tax rev- ciency of the total amount to be Finance, the Agency and the enues to other purposes to the credited to said Account, and, as the Escrow Agent. In any event, those extent inconsistent herewith. Each case may be, the City shall likewise officers of the City having the officer of the City having authority make deposits from such available authority to act in the matter (cur- to make contracts or expenditures is revenues at the times and in the rently, the Commissioner of hereby directed to give full effect to amounts to satisfy subsection (e) of Accounts, Treasurer and Income this covenant of the City, and the this Section 9; Tax Administrator of the City) shall Director of Finance is hereby direct- (iii) Nothing in this subsection take all such actions as are neces- ed not to, and shall not, certify (g) shall be deemed to prohibit the sary or appropriate to make prompt availability of funds for any other City, in its discretion, from appro- payments of income tax receipts purpose inconsistent with this priating and depositing to the directly to the Escrow Agent as pro- covenant. In order to avoid violation Unvoted Tax Supported Obligations vided for in this Section. of this covenant, the City further Account any additional amount of (d) Sufficiency Assured. In any hereby covenants to adopt and municipal income taxes. event, if at any time the Escrow promptly to amend its appropriation For purposes of this Subsection Agent or the Trustee notifies the ordinances to such extent as may be (g), the amount by which the short- Director of Finance and the Agency proper to reflect the Effective fall in any subsequent year is less that amounts held by the Escrow Schedule under (b) of this section than the shortfall in 1983 shall be Agent and projected to be deposited and the latest certifications of the determined by calculating the dif- to the Unvoted Tax Supported Oblig- Escrow Agent or Trustee under ference between the remainder ations Account will be insufficient paragraph (e) of this section. The (whether negative or positive) in to meet the ensuing payments of provisions of this section shall pre- 1983 and in such subsequent year debt charges to be paid therefrom vail over and supersede any ordi- after subtracting the debt charges and the amounts of such deficiency, nance or codified ordinance of the on all Unvoted Tax Supported Oblig- the City shall, in the manner pro- City heretofore or hereafter adopted ations from the proceeds of the vided in paragraph (c) of this sec- to any extent that such ordinance is unvoted ad valorem property taxes tion, promptly transfer from income inconsistent with this section. levied for such debt charges in the tax receipts allocable to the City (g) The amount of municipal applicable year, based upon budget then held by the Agency, and from income taxes required to be collect- estimates to be subsequently adjust- ed to actual figures. the first such receipts following ed, appropriated, deposited, and such certification, to the Unvoted pledged and as to which a first lien Section 17. Concerning the Paying Tax Supported Obligations Account, is granted pursuant to this Section Agents. Except as otherwise pro- the amounts of such deficiency 9 shall not exceed Two Million Five vided in the particular Series Bond before making any further distribu- Hundred Thousand Dollars Ordinance for the issuance and sale tion therefrom to the City. ($2,500,000) in any year, reduced in thereof: the principal of, and the (e) Pledge and Covenant to Main- any year after 1983 by the amount interest and any premium on, Bonds tain Income Tax. So long as the by which the shortfall in such sub- shall be payable at the Paying Bonds are outstanding, the City sequent year is less than the short- Agents, which shall be the bank or hereby pledges the municipal fall in 1983 (the “Ceiling”); provid- trust companies then serving as income taxes of the City and grants ed, however, that: Trustee and Escrow Agent, respec- a first lien thereon, to the full (i) If, after the issuance of all the tively, and interest on fully regis- extent required to meet debt Bonds pursuant to the Agreement, tered Bonds shall be paid by check charges payable from the Unvoted the City, subject to Council or draft issued by the Escrow Agent Tax Supported Obligations Account approval, issues additional unvoted and drawn upon the Sinking Fund. in accordance with this Ordinance general obligation bonds or notes in The City shall provide to the and Chapter 179, to secure the pay- anticipation of such bonds, or if any Escrow Agent a copy of the Bond ment of the debt charges on the amount of debt charges on Self-Sup- registry for such purpose. Pursuant Bonds, on a parity with debt porting Obligations of the City to Section 179.10 of Chapter 179, the charges on all Outstanding Unvoted heretofore issued and outstanding Escrow Agent shall, at the times Tax Supported Obligations of the on the effective date of this Ordi- and in the amounts required by the City payable from such Account and nance or on the Bonds issued pur- several Series Bond Ordinances, debt charges on any other Unvoted suant to Ordinance Nos. 1751-80 or make disbursements from the appro- Tax Supported Obligations of the 1755-80, adopted by this Council on priate Sinking Fund accounts to the City hereafter issued which are the date of adoption of this Ordi- Paying Agent responsible for the payable from the Unvoted Tax Sup- nance, are not covered by Self-Sup- payment of Bond service charges on ported Obligations Account and porting Revenues and become the Bonds. which are secured by a pledge and payable from the Unvoted Tax Sup- (a) Nonpresentment of Bonds or lien expressly stated to be granted ported Obligations Account of the Coupons. In the event any Bond on a parity with that herein pro- Sinking Fund pursuant to Chapter shall not be presented for payment vided and which obligations are 179, and if, after such issuance or when the principal thereof becomes issued consistent with the provi- such debt charges become payable due, either at maturity, at the date sions of this Section, Sections 2, 3 from said Account, such amount of fixed for redemption thereof, or oth- and 5, and paragraphs (g), (h), (j) municipal income taxes, as deter- erwise, or in the event any coupon and (m) of Section 10 hereof. The mined in accordance with subsec- shall not be presented for payment 1234 June 19, 1996 The City Record 105 at the due date thereof. If funds suf- mines that Society National Bank is the City’s Charter) shall be deemed ficient to pay such Bond or coupon no longer capable of acting as to be the execution by the City of shall have been made available to Trustee under the General Bond an amending ordinance as required the Paying Agents for the benefit Ordinance, or as registrar, authenti- by Section 14(b) of the General of the holder or holders thereof, all cating agent or Paying Agent for Bond Ordinance. liability of the City to the holder the various series of Bonds out- Section 7. Open Meeting Determi- thereof for the payment of such standing under the General Bond nation. It is found and determined Bond or coupon, as the case may be, Ordinance, as a result of its sale of that all formal actions of this Coun- shall thereupon cease and be com- substantially all of its corporate cil concerning and relating to the pletely discharged, and it shall be trust operations. The City hereby passage of this Ordinance were the duty of the Paying Agents to appoints Star Bank, N.A. as succes- adopted in an open meeting of this hold such funds, without liability sor to Society National Bank as Council, and that all deliberations for interest thereon, in a separate Trustee under the General Bond of this Council, and of any of its account for the benefit of the hold- Ordinance and as Paying Agent, committees that resulted in such for- er of such Bond, or the holder of registrar and authenticating agent mal action, were in meetings open such coupon, as the case may be, under any Series Bond Ordinances to the public, in compliance with the who shall thereafter be restricted for any outstanding Bonds issued law. exclusively to such funds for any under the General Bond Ordinance. Section 8. Effective Date. This claim of whatever nature on his The Mayor, Director of Finance, Ordinance is hereby declared to be part under this Ordinance or on, or Director of Law and other appro- an emergency measure providing with respect to, said Bond or priate officers of the City are, and for the immediate preservation of coupon; provided that any funds each of them individually is, autho- the public peace, property, health which shall be so held by the Pay- rized and directed to take such and safety, in order for the City to ing Agents and which remain actions as are necessary and appro- promptly proceed with the issuance unclaimed by the holder of the Bond priate to carry out the transfer of of the Series 1996 Bonds and to pro- or coupon not presented for payment those trustee, authenticating agent, ceed to implement the amendments for a period of two years after such to effect the elimination of the due date thereof, shall upon request registrar, paying agent, transfer agent and other functions from Reserve Account to achieve more in writing by the City be returned efficiency in its financial manage- by the Paying Agent to the City for Society National Bank to Star Bank, N.A., including the delivery of ment, and providing for the usual credit to the Unvoted Tax Support- daily operation of municipal depart- ed Obligations Account in the Sink- agreements, certificates and other written instruments and the giving ment, and provided this Ordinance ing Fund free of any special claim receives the affirmative vote of two- of such holder and thereafter the of notices. Section 5. Amendments and thirds of all members elected to holder of such Bond or coupon shall Council, it shall take effect and be Repeal. (a) The following Sections look only to the City for payment in force immediately upon its pas- without any interest thereon, and of the Codified Ordinances of Cleve- sage and approval by the Mayor, the Paying Agents shall have no land, Ohio, 1976, and Sections of otherwise it shall take effect and be further responsibility with respect Ordinance 1749-80 are hereby in force from and after the earliest to such moneys. repealed, effective as of the date period declared by law. (b) Funds to be Held in Trust. All provided in subsection (c) below: moneys required or permitted to be Sections 179.01, 179.03, 179.04, 179.09, Execution by Trustee: deposited with or paid to the Pay- and 179.11, as amended by Ordi- Star Bank, N.A., through the ing Agents under any provision of nance No. 1748-80, passed October 8, undersigned official of such Bank this Ordinance and any investments 1980, Section 179.10, as amended by duly authorized to sign this Amend- thereof, shall be held by the Paying Ordinance No. 1398-83, passed May ing Ordinance on behalf of the Agents in trust and, except for mon- 16, 1983; Section 179.12, as amended Bank, with the consent of the hold- eys deposited with or paid to the by Ordinance No. 1111-83, passed ers of not less than sixty-six and Paying Agents for the redemption May 6, 1983, and Sections 1, 6, 9 and two-thirds percent in aggregate of Bonds, notice of the redemption 17 of Ordinance No. 1749-80, passed principal amount of Outstanding of which has been duly given, and October 8, 1980. Bonds hereby executes the above moneys held by the Paying Agents (b) The amendments set forth in Amending Ordinance pursuant to pursuant to paragraph (a) hereof, Section 1 and Section 3 of this Ordi- Section 14 of the General Bond shall, while held by the Paying nance shall be effective as of the Ordinance. Agents, be subject to the lien here- date provided in subsection (c) of. below. STAR BANK, N.A. (c) Appointment of Successor Pay- (c) The repeals and amendments ing Agent. In case a Paying Agent described in subsection (a) and sub- By: ______shall resign or be dissolved, or oth- section (b) of this Section 5 shall erwise become incapable of acting become effective upon the delivery Dated: ______, 1996 hereunder, or in case it shall be by the Trustee to the City of (i) a taken under the control of any pub- written statement that the holders Passed: ______, 1996 lic officer or officers, or of a receiv- of not less than sixty-six and two- er appointed by a court, a successor thirds (66 2/3) percent in aggregate Effective: ______, 1996 shall be appointed by the City. principal amount of Outstanding Passed June 10, 1996. Every such successor Paying Agent Bonds (as defined in the General Effective June 19, 1996. appointed pursuant to the provisions Bond Ordinance) have consented to of this Section shall be a corporate the elimination of the Reserve trust company or bank or banking Account of the Sinking Fund, and Ord. No. 1024-96. association in good standing and (ii) an executed counterpart of this By Councilmen Johnson and willing to accept the position under Ordinance, executed by the Trustee. Rokakis (by departmental request). the terms and conditions of this An emergency ordinance autho- Ordinance. A successor Paying The Director of Finance or the Director of Law shall deliver to the rizing and directing the lease by Agent must also be the successor requirement contract of golf carts at Paying Agent under each Series Clerk of Council for placement in Seneca Golf Course and Highland Bond Ordinance authorizing each the Clerk’s File No. 944-96-A, copies Golf Course for the Department of issue of Bonds sold under the Agree- of the written statement from the Parks, Recreation and Properties. ment. The City shall publish notice Trustee and the counterpart of this Whereas, this ordinance consti- of the appointment of such succes- Ordinance executed by the Trustee. tutes an emergency measure pro- sor Paying Agent in the manner Section 6. Notification to and Exe- viding for the usual daily operation provided for publication of notice of cution by the Trustee. The Director of a municipal department; now, call for redemption of bonds in Sec- of Finance be and hereby is autho- therefore, tion 4 hereof. rized and directed to request the Be it ordained by the Council of (d) Dealing in Bonds. A Paying Trustee to enter into this Amending the City of Cleveland: Agent, and any of its directors, offi- Ordinance and to take such steps as Section 1. That the Director of cers, employees or agents, may in are required by Section 14 of the Parks, Recreation and Properties is good faith, become the owners of General Bond Ordinance to secure hereby authorized and director to Bonds and coupons appertaining the consent of not less than sixty- make a written requirement con- thereto issued pursuant to this Ordi- six and two-thirds (66-2/3) percent tract in accordance with the Char- nance with the same rights which in aggregate principal amount of ter and the Codified Ordinances of they would have hereunder if the Outstanding Bonds to the amend- Cleveland, Ohio, 1976, for the lease Paying Agent were not such. ments as described above. The pas- of the requirements for a period not Section 4. Appointment of Succes- sage of this Ordinance by the Coun- to exceed one (1) year, commencing sor Trustee. The City hereby deter- cil (subject to Sections 37 and 59 of upon execution of a contract, of the 1235 106 The City Record June 19, 1996 necessary items of golf carts, od less than two years may be it shall take effect and be in force including maintenance and repair, taken if deemed desirable by the immediately upon its passage and in the estimated sum of $50,000.00 Commissioner of Purchases and Sup- approval by the Mayor; otherwise it for Highland Golf Course and plies until provision is made for the shall take effect and be in force $34,000.00 for Seneca Golf Course, to requirements for the entire term. from and after the earliest period be procured by the Commissioner of Section 2. The cost of said con- allowed by law. Purchases and Supplies upon a unit tract shall be charged against the Passed June 10, 1996. basis for the Division of Recreation, proper appropriation account and Effective June 19, 1996. Department of Parks, Recreation, the Director of Finance shall certi- and Properties. fy thereon the amount of the initial Bids shall be taken in such a purchase thereunder, which pur- Ord. No. 1118-96. manner as to permit an award to be chase, together with all subsequent By Councilmen Coats and Rokakis made for all items as a single con- purchases, shall be made on order (by departmental request). tract, or by separate contract for of the Commissioner of Purchases An emergency ordinance to amend each or any combination of said and Supplies pursuant to a requisi- the title, Section 2, and Section 4 of items as the Board of Control shall tion against such contract duly cer- Ordinance No. 756-95, passed May 22, determine. Alternate bids for a tified by the Director of Finance. 1995, relating to the public shorter period may be taken if (RL 20853) improvement of constructing and deemed desirable by the Commis- Section 3. That this ordinance is reconstructing sidewalks, handicap sioner of Purchases and Supplies hereby declared to be an emergency ramps, and curbing and authorizing until provision is made for the measure and, provided it receives the Director of Public Service to requirements for the entire period. the affirmative vote of two-thirds of enter into one or more requirement The cost of said contracts shall be all the members elected to Council, contracts for the making of said charged against the proper appro- it shall take effect and be in force improvements. priation accounts and the Director immediately upon its passage and Whereas, this ordinance consti- of Finance shall certify thereon the approval by the Mayor; otherwise it tutes an emergency measure pro- amount of the initial procurement shall take effect and be in force viding for the usual daily operation thereunder, which procurement, from and after the earliest period of a municipal department; now, with all subsequent procurements, allowed by law. therefore, shall be made on order of the Com- Passed June 10, 1996. Be it ordained by the Council of missioner of Purchases and Supplies Effective June 19, 1996. the City of Cleveland: pursuant to a requisition against Section 1. That the title, Section 2 such contract duly certified by the and Section 4 of Ordinance No. 756- Director of Finance. Ord. No. 1117-96. 95, passed May 22, 1995, are hereby Section 2. The costs of the con- By Councilmen Coats and Rokakis amended to read, respectively, as tracts authorized in Section 1 of this (by departmental request). follows: ordinance shall be paid from Fund An emergency ordinance autho- An emergency ordinance deter- 63 SF 001, Request No. 21401. rizing the Director of Public Service mining the method of making the Section 3. That this ordinance is to enter into an amendment to Con- public improvement of constructing hereby declared to be an emergency tract No. 48530 with the Kenmore and reconstructing sidewalks, hand- measure and, provided it receives Construction Company to extend the icap ramps, and curbing on the east- the affirmative vote of two-thirds of term of the existing requirement ern, western, northern, southern and all the members elected to Council, contract for pavement grinding and downtown districts of the City and it shall take effect and be in force project signs. authorizing the Director of Public immediately upon its passage and Whereas, pursuant to Ordinance Service to enter into one or more approval by the Mayor; otherwise it No. 883-95, passed May 15, 1995, the requirement contracts for the mak- shall take effect and be in force Director of Public Service entered ing of said improvements through from and after the earliest period into Contract No. 48530 with Ken- December 31, 1996. allowed by law. more Construction Company for the Section 2. That the Director of Passed June 10, 1996. public improvement by requirement Public Service is hereby authorized Effective June 19, 1996. contract of pavement grinding and to enter into a written requirement project signs; and contract for the making of the Whereas, the existing contract above public improvement with the Ord. No. 1029-96. expires in August 1996 prior to the lowest responsible bidder after com- By Councilmen Miller and completion of the present construc- petitive bidding for all such work Rokakis (by departmental request). tion season; and estimated to be performed during An emergency ordinance autho- Whereas, the City and the con- the period ending on December 31, rizing and directing the purchase by tractor are willing to extend the 1996, on a unit basis. In the discre- requirement contract of labor and requirement contract to November tion of the Board of Control, sepa- materials necessary to execute de- 30, 1996 under the same terms and rate requirement contracts may be icing collection services, for the var- conditions and, thus, enable the City let for specific districts within the ious divisions of the Department of to complete the current construction City. Port Control, for a period not to season without disruption and enter Section 4. That the Director of exceed two years. into future contracts for a complete Public Service is hereby authorized Whereas, this ordinance consti- construction season; and to enter into a written requirement tutes an emergency measure pro- Whereas, this ordinance consti- contract for the making of the pub- viding for the usual daily operation tutes an emergency measure pro- lic improvement described in Section of a municipal department; now, viding for the usual daily operation 3 with the lowest responsible bidder therefore, of a municipal department; now, after competitive bidding for all Be it ordained by the Council of therefore, such work estimated to be per- the City of Cleveland: Be it ordained by the Council of formed during the period ending on Section 1. That the Director of the City of Cleveland: December 31, 1996, on a unit basis. Port Control is hereby authorized Section 1. That the Director of In the discretion of the Board of and directed to make a written Public Service is authorized to enter Control, separate requirement con- requirement contract in accordance into an amendment to Contract No. tracts may be let for specific dis- with the Charter and the Codified 48530 with Kenmore Construction tricts within the City. Ordinances of Cleveland, Ohio, 1976, Company for the public improve- Section 2. That the existing title, for the requirements for the period ment by requirement contract of Section 2 and Section 4 of Ordinance of two years for the necessary items pavement grinding and project No. 756-95, passed May 22, 1995, are of labor and materials necessary to signs. Said amendment shall extend hereby repealed. execute de-icing collection services the term of the contract for a peri- Section 3. That this ordinance is in the estimated sum of $1,000,000.00, od expiring November 30, 1996, and hereby declared to be an emergency to be purchased by the Commis- shall increase the total estimated measure and, provided it receives sioner of Purchases and Supplies amount of the contract by the sum the affirmative vote of two-thirds of upon a unit basis for the various of $438,940.00, to be paid from Fund all the members elected to Council, divisions of the Department of Port No. 10 SF 401, Request No. 21313. All it shall take effect and be in force Control. Bids shall be taken in such other terms and conditions of the immediately upon its passage and manner as to permit an award to be contract shall remain unchanged. approval by the Mayor; otherwise it made for all items as a single con- Section 2. That this ordinance is shall take effect and be in force tract, or by separate contract for hereby declared to be an emergency from and after the earliest period each or any combination of said measure and, provided it receives allowed by law. items as the Board of Control shall the affirmative vote of two-thirds of Passed June 10, 1996. determine. Alternate bids for a peri- all the members elected to Council, Effective June 19, 1996. 1236 June 19, 1996 The City Record 107

Ord. No. 1119-96. promptly upon the expiration of referred to as the Shaker Square By Councilman Paulenske. said permit. neighborhood; An emergency ordinance autho- Section 2. That this ordinance is Now, therefore, be it ordained by rizing and directing the Director of hereby declared to be an emergency the Council of the City of Cleveland: Public Service to issue a permit to measure and, provided it receives Section 1. That the Director of the Office of Mayor White to stretch the affirmative vote of two-thirds of Public Safety of the City of Cleve- a banner on Superior Avenue near all the members elected to Council, land be and he is hereby authorized Public Square for the period from it shall take effect and be in force and directed to enter into a mutual June 11, 1996 to June 30, 1996, inclu- immediately upon its passage and aid contract for police protection, sive, publicizing the U.S. Conference pursuant to the authority of the approval by the Mayor; otherwise it Ohio Constitution and the Ohio of Mayors. shall take effect and be in force Revised Code, with the City of Shak- Whereas, this ordinance consti- from and after the earliest period er Heights, Ohio for the area com- tutes an emergency measure pro- allowed by law. monly known as Shaker Square viding for the usual daily operation Passed June 10, 1996. neighborhood. of a municipal department; now, Effective June 19, 1996. Section 2. That this ordinance is therefore, hereby declared to be an emergency Be it ordained by the Council of measure and, provided it receives the City of Cleveland: Ord. No. 1127-96. the affirmative vote of two-thirds of Section 1. That notwithstanding By Councilman Johnson. all the members elected to Council, the provision of Section 623.13 of the An emergency ordinance autho- it shall take effect and be in force Codified Ordinances of Cleveland, rizing and directing the Director of immediately upon its passage and Ohio, 1976, the Director of Public Public Safety of the City of Cleve- approval by the Mayor; otherwise it Service is hereby authorized and land to enter into a mutual aid con- shall take effect and be in force directed to issue a permit to the tract with the City of Shaker from and after the earliest period Office of Mayor White to install, Heights, Ohio for certain police pro- allowed by law. Passed June 10, 1996. maintain and remove a banner on tection activities pursuant to the Superior Avenue near Public Square Effective June 19, 1996 without authority of Section 737.04 of the the signature of the Mayor. for the period from June 11, 1996 to Ohio Revised Code. June 30, 1996, inclusive. Said banner Whereas, the cities of Cleveland shall be approved by the Director of and Shaker Heights share common Public Service, in consultation with borders in the Shaker Square area; COUNCIL COMMITTEE the Director of Public Safety, as to and type, method of affixing and loca- MEETINGS Whereas, pursuant to the authori- ______tion so as not to interfere with any ty of Section 737.04 of the Ohio sign erected and maintained under Revised Code, a municipal corpora- Monday, June 17, 1996 the requirements of law or ordi- tion may enter into a contract with nance. The permission of the owner other municipal corporations to Committee of the Whole: 9:00 A.M. of any pole from which a banner obtain police protection or addition- — Present: Westbrook, Chrm.; Britt, will be hung must be obtained prior al police protection; and Coats, Jackson, Johnson, Lewis, Mc- to issuance of the permit. No com- Whereas, it is the desire of this Guirk, Melena, Miller, O’Malley, Pat- mercial advertising shall be printed Council to enter into a contract for mon, Patton, Paulenske, Polensek, or permitted on said banner and the mutual interchange of police Robinson, Rokakis, Rybka, Smith, said banner shall be removed personnel in the area commonly White, Willis, Zone.

Index to Council Proceedings

Bold figures—Final Publication; D—Defeated; R—Reprint; T—Tabled; V—Vetoed; Bold type in sections indicates amendments

Aging Department

Block Grant Funds — Senior Homeowners Assistance (O 704-96) ...... 1213

Banners

Permit — Ministerial Head Start Superior Academy — July 15, 1996 to August 15, 1996 (O 1213-96)...... 1162 Permit — Mt. Pleasant Community Council — July 15, 1996 to August 5, 1996 (O 1219-96)...... 1165 Permit — banner — June 11, 1006 — Office of Mayor White — U.S. Conference of Mayors — Service Department (O 1119-96) ...... 1237

City Council

Committee Meeting Room — Cleveland City Council — Mercedes Cotner (O 1224-96) ...... 1166 Determining proliferation of broken glass — litter in City neighborhoods — accept gift and grants (O 1222-96) ...... 1154 Fixing summer schedule of meetings of the Council of the City of Cleveland (R 1125-96) ...... 1190 Urging Ohio General Assembly to enact deposit law glass bottles (R 1234-96) ...... 1170

City Planning Commission

Amend Section 345.04 — prohibited in general industry Districts (O 146-96)...... 1192 Authorizing Director of Economic Development — accept Section 108 — Loan from United Stated — Housing Urban Development — provide economic assistance — Hampton Inn — East 9th Street and Superior Avenue — enter Contract 1460 9th (O 151-96) ...... 1171 Authorizing sale real property — Land Reutilization Program — located 2215 East 36th Street (O 537-96) ...... 1203

1237 108 The City Record June 19, 1996

Authorizing the Director — Public Service — issue a permit — Regency House Limited Partnership — encroach into East 9th St. and Superior Ave — canopies, awnings — overhangs construction Hampden Inn (O 367-96) ...... 1171 Brentwood Limousine, Inc. — located at 1530 East 19th Street (O 549-96)...... 1204 Change District — located between E. 40 street — E. 46 street — 154.50’ — south of Carnegie Avenue (O 491-96)...... 1197 Change the use Area and Height Districts (O 1199-96) ...... 1156 Change use district of land — Lake Shore blvd. between E. 169th Street and E. 174 Street (O 1197-96)...... 1155 Change zoning lands on both sides of Waterloo Road N.E. between Shiloh Road — West of E. 152 Street and between E. 160th Street (O 1198-96) ...... 1155 Declaring intention — redevelopment/rehabilitation — blighted premises — located at Carroll Avenue (R 721-96) ...... 1187 Declaring intention to vacate — Girard Street (R 562-96) ...... 1187 Declaring intention to vacate — Indianola Avenue S.E. (R 558-96) ...... 1187 Declaring intention to vacate — portion of McLean Court N.W. (R 653-96) ...... 1187 Declaring necessity and intention — located at 15900 Lake Shore Boulevard — 16013-15 Damon Avenue — municipal Humphrey Park (R 946-96) ...... 1178 Declaring property — located at 2654 Lisbon Road blighted premises — pursuant Section 324.01 through 324.16 — Codified Ordinances — Authorizing Director Community Development — acquire blighted premises (O 144-96)...... 1170 Declaring the intention — vacate a portion of West 26th Place (R 654-96) ...... 1187 Declaring the intention to vacate a portion — First Unnamed Alley East of East 93rd Street (R 1203-96) ...... 1157 Declaring the intention to vacate portion of Giles Road and Sprecher Avenue (R 1200-96) ...... 1156 Declaring the intention to vacate portion of East 90th Street (R 1201-96)...... 1156 Declaring the intention to vaceate Mann Avenue (R 1202-96) ...... 1157 Declaring the property — located at 9813-15 North Boulevard — blighted premises — Section 324.01 through 324.16 — authorizing the Director of Community Development — acquire blighted premises and sell premises — Famicos Foundation (O 312-96) ...... 1171 Declaring the property located at 9817-19 North Boulevard — Section 324.01 through 324.16 — acquire the blighted — Famicos Foundation (O 632-96) ...... 1171 Development townhouses at northeast corner — Tillman Avenue and West 49th Street (O 862-96) ...... 1222 Durham-Phelps Properties, Inc. — provide economic development assistance — finance the acquisition — located at 15000 Miles Avenue (O 546-96) ...... 1204 Enter into First Amendment to contract between City of Cleveland and the National Football League (O 1235-96) ...... 1178 Enter into a contract with — Malinda Rivers — provide economic development assistance to partially finance the acquisition two building — 12333-12335 St. Clair Avenue (O 527-96) ...... 1202 Enterprise Zone Agreement — Actron Manufacturing Company — ten year abatement (O 926-96) ...... 1175 Establishing — community reinvestment area — West 10th Street — Historic Warehouse District — Section 3735.65 (O 550-96) ...... 1204 Establishing Community Reinvestment area — 1900 West 25th Street — Section 3736.65 (O 553-96) ...... 1208 Establishing reinvestment area — Jennings Road pursuant section 3735.65 (O 1167-96)...... 1142 Execute and easement granting — 1460 Ninth Street — easement right property — located at East 9th & Rockwell (O 634-96) ...... 1172 J.C. Hub Manufacturing Co. — finance the acquisition and renovation of property — located at 4104 West 150th Street (O 626-96) ...... 1209 Jurist & Bock Properties — provide economic development assistance — 3700 Prospect Avenue (O 538-96)...... 1203 Land Reutilization Program — located at 11813 Imperial Avenue — 3448 East 130th Street (O 1218-96)...... 1164 Land Reutilization Program — located at 12109 Wade Park Avenue (O 1046-96) ...... 1177 Land Reutilization Program — located at 1890 and 1884 East 70th — Alexander Boone (O 1209-96)...... 1159 Land Reutilization Program — located at 1913 East 69th Street — Mattie Mae and Taze Adams (O 1174-96) ...... 1145 Land Reutilization Program — located at 2220 East 82nd — Fairfax Renaissance Development (O 1010-96)...... 1175 Land Reutilization Program — located at 3104 Carroll Avenue — Gary M. Marich and Jill E. Huston-Marich (O 933-96) ...... 1228 Land Reutilization Program — located at 3605 East 65th Street (O 1022-96) ...... 1176 Land Reutilization Program — located at 4509 Franklin Avenue to Dean Ducato (O 934-96) ...... 1228 Land Reutilization Program — located at 5713 Luther Avenue —Henry and Bertha Crowell (O 1178-96)...... 1147 Land Reutilization Program — located at East side of East 37th Street through East 43rd Street (O 1025-96) ...... 1176 Land Reutilization Program — located on East 69th Street — Bell and Carr Development (O 1020-96)...... 1176 1238 June 19, 1996 The City Record 109

Land Reutilization Program — located scattered sites in Buckeye neighborhood on Crestwood (O 1161-96)...... 1134 Permit — Cox Cable Cleveland Area, Inc. — Construct coaxial and fiber optic — encroach into right-of-way streets (O 650-96) ...... 1213 Permit — New Village Corporation — construct an ornamental fence — encroach into Central Avenue S.E. — East 36th and East 37th — Central Commons Subdivision No. 4 (O 418-96)...... 1197 Permit — Playhouse Square Foundation — encroach into public right-of-way — Huron Road S.E. at East 14th — Euclid Avenue — Public Plaza — Concession Stand (O 714-96) ...... 1214 Playhouse Square Foundation — Cleveland Theatre District — term not to exceed — twenty-five years (O 635-96) ...... 1210 Redevelopment/Rehabilitation blighted premises — located at 10700 Helena Avenue (O 863-96) ...... 1223 Redevelopment/Rehabilitation blighted premises — located at 1846 West 50th Street (O 866-96) ...... 1223 Sell city-owned property no longer needed — located at 1609 East 21st Street — Daniel R. Gray (O 1190-96) ...... 1151 Supplement the Codified Ordinances — enacting new section 511.01 through 511.12 — relating to hospital trailblazer signs (O 374-96) ...... 1194

City Planning Department

Declaring intention — vacate a portion of East 102nd Street (R 492-96) ...... 1186 Establish — Planned Unit Development Overlay District — located at 1448 Dexter Place (O 557-A-96)...... 1208 Vacate portions — East 69th Street — East 70th (R 430-96) ...... 1186

City of Shaker Heights

Mutual aid contract — City of Shaker Heights, Ohio — police protection activities — Safety Department (O 1127-96) ...... 1237

Cleveland Hopkins International Airport (CHIA)

Continental Airlines, Inc. — Lease by Way of Concession — aircraft hangar and freight terminal facility — Cleveland Hopkins International Airport — Port Control Department (O 1106-96) ...... 1177

Codified Ordinances

Amend Section 1 of Ordinance No. 155-96 — passed March 4, 1996 — Bidding with International Business Machines (O 831-96) ...... 1221 Amend Section 1 of Resolution No. 1122-96 passed June 10, 1996 — relating to laying, relaying and repairing of sidewalks (O 1223-96) ...... 1166 Amend Section 11 of Ordinance No. 1071-93 passed June 7, 1993 — amend ordinance No. 2017-94 (O 1188-96) ...... 1150 Amend Section 133.33 — Ordinances No. 308-96 — passed April 1, 1996 relating to parking (O 925-96) ...... 1226 Amend Section 3,4 and 9 — Ordinance No. 928-95 — passed June 12, 1995 — West 187th Street Rehabilitation Project (O 709-96) ...... 1172 Amend Section 305.99 — repeal Section 305.09 amended by Ordinance No. 535.51 (O 1162-96)...... 1138 Amend Section 345.04 — prohibited in general industry Districts (O 146-96)...... 1192 Amend Section 350.14 of Codified Ordinances of Cleveland — passed December 10, 1990 (O 648-96) ...... 1211 Amend Section 507.99 — Codified Ordinances 1976 — amended Ordinance No. 2417-90 passed June 17, 1991 — relating to penalty — sidewalk obstructions and maintenance (O 197-96) ...... 1193 Amend Section 535.05 and 535.06 — restate Sections 535.04 and 535.18 and 535.21 — amended Ordinance No. 2013-95 passed April 1, 1996 (O 935-96)...... 1178 Amend Section 6 of Ordinance No. 2122-93 passed November 22, 1993 — Ordinance No. 2154-95 — relating to off street parking facility (O 649-96) ...... 1212 Amend Sections 605.14, 605.141 and 605.142 — as amended by various ordinances relating to curfew (O 1831-95)...... 1190 Amend codified ordinances Sections 325.59, 335.01 and 335.04 repeal Section 309.25 (O 552-96) ...... 1205 Committee Meeting Room — Cleveland City Council — Mercedes Cotner (O 1224-96) ...... 1166 Enacting new Section 129.153 — regulation of tree trimming (O 1439-94) ...... 1170 Enacting new Section 135.47 — reimbursement by Cuyahoga County costs of police officer — jail population reduction project — Safety Department (O 370-96) ...... 1194 Enacting new Sections 129.35 and 129.36 — establishing Office of Radio Communications System Management Communication System — 800 MHz Radio — Utilities Department (O 1227-95)...... 1170 Establish no right turns — amend schedule on file — sections 4413.09 and 413.10 (O 823-96) ...... 1172 1240 110 The City Record June 19, 1996

Repeal Section 457.04 — amended ordinance No. 2603-91 — passed August 19, 1992 — supplement codified ordinances enacting new section 457.04 (O 832-96) ...... 1172 Supplement Codified Ordinances — enacting new section — FAA grant Funds (O 927-96) ...... 1228 Supplement the Codified Ordinances — enacting new section 511.01 through 511.12 — relating to hospital trailblazer signs (O 374-96) ...... 1194 Transfer sum of Three Hundred Thousand Dollars — Division of Property Management (O 1220-96)...... 1165

Communications

Emergency Requisitions RE-089105. 089106, 089108 and 089109 (F 1143-96) ...... 1133 Law Enforcement Trust Fund Case No. #18-95-0039 (F 1142-96)...... 1133 Resolution No. 1996-20 opposing Cleveland Water Department — rate increase (F 1144-96) ...... 1133 Summer Food Service Program (F 1145-96) ...... 1133

Community Development

Amend memorandums with City of Cleveland — City development program — expend funds — administered by Community Development (O 706-96) ...... 1214 Authorized the Year XXII Community Development — Block Grant — Community Development Department — Public Service — Parks, Recreation and Properties Department — enter into a contract — CDBG Year XXII (O 617-96) ...... 1171 Authorizing sale of real property — Land Reutilization Program — Bicentennial Village (O 525-96) ...... 1197 Authorizing sale real property — Land Reutilization Program — located 2215 East 36th Street (O 537-96) ...... 1203 Block Grant Funds — Senior Homeowners Assistance (O 704-96) ...... 1213 Block Grant funds — Community Response Unit — Street Crime Unit (O 930-96) ...... 1175 Central YMCA Branch — Section 108 Loan — renovation — East 22nd and Prospect Avenue — Community Development Department (O 1139-95) ...... 1170 Change District — located between E. 40 street — E. 46 street — 154.50’ — south of Carnegie Avenue (O 491-96)...... 1197 Cleveland Action Support Housing — new housing construction and commercial redevelopment — loan program (O 705-96) ...... 1214 Cleveland Housing Network — low income housing (O 703-96) ...... 1213 Cleveland Housing Network — provide economic development loan (O 1165-96) ...... 1139 Contract agencies to provide housing commercial — real estate development CDBG Year XXII (O 923-96) ...... 1174 Contract agencies to provide social service program CDBG Year XXII (O 921-96) ...... 1173 Declaring intention — redevelopment/rehabilitation — blighted premises — located at Carroll Avenue (R 721-96) ...... 1187 Declaring necessity and intention — located at 15900 Lake Shore Boulevard — 16013-15 Damon Avenue — municipal Humphrey Park (R 946-96) ...... 1178 Declaring property — located at 2654 Lisbon Road blighted premises — pursuant Section 324.01 through 324.16 — Codified Ordinances — Authorizing Director Community Development — acquire blighted premises (O 144-96)...... 1170 Declaring property located at 2316 East 88th Street — public use for municipal purpose widening Shelbourne — East 87th and East 88th Streets (R 834-96)...... 1188 Declaring the property — located at 9813-15 North Boulevard — blighted premises — Section 324.01 through 324.16 — authorizing the Director of Community Development — acquire blighted premises and sell premises — Famicos Foundation (O 312-96) ...... 1171 Declaring the property located at 9817-19 North Boulevard — Section 324.01 through 324.16 — acquire the blighted — Famicos Foundation (O 632-96)...... 1171 Development townhouses at northeast corner — Tillman Avenue and West 49th Street (O 862-96) ...... 1222 Enter into a lease with Kamm’s Development — located on Albert Avenue (O 1183-96) ...... 1149 Establishing — community reinvestment area — West 10th Street — Historic Warehouse District — Section 3735.65 (O 550-96) ...... 1204 Establishing Community Reinvestment area — 1900 West 25th Street — Section 3736.65 (O 553-96) ...... 1208 Establishing reinvestment area — Jennings Road pursuant section 3735.65 (O 1167-96)...... 1142 Housing development entities — implement the Housing Trust Fund Program (O 922-96) ...... 1174 Land Reutilization Program — Located at East 70th Street — Briant J. Taylor (O 1211-96)...... 1161 Land Reutilization Program — located 7432 Star Avenue — Frances Mae Butler and Bernice Miles (O 1182-96) ...... 1149 Land Reutilization Program — located at East 70th Street and 1879 East 70th — Robert Grace (O 1208-96) ...... 1159 Land Reutilization Program — located at 2305-09 — East 87th Street and 2292 — Fairfax Bicentennial Village Development (O 810-96)...... 1218 Land Reutilization Program — located at 10010 Newton Avenue — Felton and Jackie Pitts (O 1179-96)...... 1147 1240 June 19, 1996 The City Record 111

Land Reutilization Program — located at 1178 East 85th Street — John Ervin and Mary Bryd (O 1180-96)...... 1148 Land Reutilization Program — located at 11813 Imperial Avenue — 3448 East 130th Street (O 1218-96)...... 1164 Land Reutilization Program — located at 12109 Wade Park Avenue (O 1046-96) ...... 1177 Land Reutilization Program — located at 12400, 12316-18, 12314 (O 1195-96) ...... 1152 Land Reutilization Program — located at 1704- 1718 East 60th Street (O 1206-96) ...... 1158 Land Reutilization Program — located at 1880 East 70th and 1876 East 70th Street — Gwendolyn and Jerold Sims (O 1210-96) ...... 1160 Land Reutilization Program — located at 1890 and 1884 East 70th — Alexander Boone (O 1209-96)...... 1159 Land Reutilization Program — located at 1890 East 79th Street — Cynthia H. D. Moore (O 1212-96)...... 1161 Land Reutilization Program — located at 1913 East 69th Street — Mattie Mae and Taze Adams (O 1174-96) ...... 1145 Land Reutilization Program — located at 2220 East 82nd — Fairfax Renaissance Development (O 1010-96)...... 1175 Land Reutilization Program — located at 3104 Carroll Avenue — Gary M. Marich and Jill E. Huston-Marich (O 933-96) ...... 1228 Land Reutilization Program — located at 3605 East 65th Street (O 1022-96) ...... 1176 Land Reutilization Program — located at 4509 Franklin Avenue to Dean Ducato (O 934-96) ...... 1228 Land Reutilization Program — located at 5710 Hough — Salvation Army (O 1175-96) ...... 1146 Land Reutilization Program — located at 5713 Luther Avenue —Herny and Bertha Crowell (O 1178-96)...... 1147 Land Reutilization Program — located at 6615 Lawnview Avenue — Marvin D. and Carol L. Evans (O 1176-96) ...... 1146 Land Reutilization Program — located at 7209 Linwood Avenue — Frank Kemp (O 1177-96)...... 1146 Land Reutilization Program — located at 8513 and 8409 Sowinski Avenue — Fred L. Taylor (O 1181-96)...... 1148 Land Reutilization Program — located at East side of East 37th street through East 43rd Street (O 1025-96) ...... 1176 Land Reutilization Program — located on East 69th Street — Bell and Carr Development (O 1020-96)...... 1176 Land Reutilization Program — located on East 63rd Street — Duane Smith (O 1207-96)...... 1158 Land Reutilization Program — located on East 63rd Street — Ronie A. Stephens (O 1205-96)...... 1157 Land Reutilization Program — located scattered sites in Buckeye neighborhood on Crestwood (O 1161-96)...... 1134 National City Bank 12.6 acres — located Village of Highland Hills — 15.0 acres within first five years (O 924-96) ...... 1174 New housing at East 120th Street and Moulton Avenue (O 833-96) ...... 1221 Nolasco Housing Corporation — designee to provide financial assistance — Community Development Float Loan (O 814-96) ...... 1218 Non-profit development — provide grants — small neighborhood — street clubs, block clubs and other community improvement (O 702-96) ...... 1172 Redevelopment/Rehabilitation blighted premises — located at 10700 Helena Avenue (O 863-96) ...... 1223

Condolences

Kimble, Willie I. (R 1237-96)...... 1134

Congratulations

Butler-Green Family Reunion (R 1244-96) ...... 1134 Cooper-Anthony, Delores (R 1243-96) ...... 1134 First Bethel Missionary Baptist Church (R 1239-96) ...... 1134 Francis T. Matese, Eagle Scout (R 1241-96) ...... 1134 Office Burgio, Paul (R 1242-96) ...... 1134 Reynolds Family Reunion (R 1238-96) ...... 1134 Smith/Fields Family Reunion (R 1240-96)...... 1134

Curfew hours

Amend Sections 605.14, 605.141 and 605.142 — as amended by various ordinances relating to curfew (O 1831-95)...... 1190

Economic Development Department

ACME Express, Inc. — 3821 Prospect Avenue (O 859-96)...... 1221 Amend Section 2 and 4 — ordinance No. 82-96 passed April 1, 1996 — establish using Empowerment Zone Funds — Empowerment Zone Debt Service Fund (O 618-96) ...... 1208 1241 112 The City Record June 19, 1996

Authorizing Director of Economic Development — accept Section 108 — Loan from United Stated — Housing Urban Development — provide economic assistance — Hampton Inn — East 9th Street and Superior Avenue — enter Contract 1460 9th (O 151-96) ...... 1171 Authorizing the Director of Economic Development — enter into contract — Cleveland Cuyahoga County Port Authority — provide economic development assistance — acquisition and relocation of J.C. Hub — located East 36th Street & Chester (O 368-96) ...... 1193 Brentwood Limousine, Inc. — located at 1530 East 19th Street (O 549-96)...... 1204 Cleveland Recycling Center — provide economic development assistance — machinery and equipment — relocate facility — East 131st (O 757-96) ...... 1216 Construction Management services — projects funded through HUD Section — 108 Loans (O 860-96) ...... 1222 Contract — Castle Precision Industries — provide economic development assistance to partially finance (O 1012-96) ...... 1175 Contract Emerald Research Park, Ltd. — provide economic development assistance to partially finance (O 1028-96) ...... 1176 Contract with Bowman Distribution — provide economic development assistance to partially finance furniture (O 1189-96)...... 1151 Contract with MALCO Incorporated — provide economic development assistance to partially (O 1035-96)...... 1177 Contract with Memphis Fulton Associations — provide economic development assistance (O 1043-96)...... 1177 Durham-Phelps Properties, Inc. — provide economic development assistance — finance the acquisition — located at 15000 Miles Avenue (O 546-96) ...... 1204 East 152nd Street — Collinwood Yards — Economic Development Department (O 1432-95)...... 1170 Enter into a contract with — Malinda Rivers — provide economic development assistance to partially finance the acquisition two building — 12333-12335 St. Clair Avenue (O 527-96) ...... 1202 Enter into a contract with Sunny Properties Ltd. (O 1204-96) ...... 1157 Enter into a lease with Kamm’s Development — located on Albert Avenue (O 1183-96) ...... 1149 Enterprise Zone Agreement — Actron Manufacturing Company — ten year abatement (O 926-96) ...... 1175 Enterprise Zone Agreement with Charter One Bank — ten year abatement (O 1044-96) ...... 1177 Execute an amendment to City Contract No. 40622 — Master Development — Figgie International (O 1166-96) ...... 1139 Grant funds to enter into all contracts — Hough Area Partners in Progress — Glenville Development Corporation (O 1027-96) ...... 1176 Housing and economic opportunities in Ward 5 at 6110 Kinsman Avenue (O 1184-96) ...... 1149 J.C. Hub Manufacturing Co. — finance the acquisition and renovation of property — located at 4104 West 150th Street (O 626-96) ...... 1209 Jurist & Bock Properties — provide economic development assistance — 3700 Prospect Avenue (O 538-96) ...... 1203 Proferring certain representations — Trust Indenture — City of Cleveland — trustee and authorizing — Director of Port Control — apply bond trustee for land release (O 348-96) ...... 1171 Proferring certain representations — purposes trust indenture — City of Cleveland — trustee and authorizing — Director of Port Control — apply bond trustee for land release (O 349-96) ...... 1171 Redevelopment/Rehabilitation blighted premises — located at 1846 West 50th Street (O 866-96) ...... 1223 Triad Partners Limited — assistance to partially finance — acquisition and construction — corporate headquarters — Federal Graphics (O 758-96) ...... 1216

Finance Department

ACME Express, Inc. — 3821 Prospect Avenue (O 859-96)...... 1221 Agreement with Neighborhood Center Association — Implement educational, recreational and Cultural program (O 760-96) ...... 1217 Amend Section 2 and 4 — ordinance No. 82-96 passed April 1, 1996 — establish using Empowerment Zone Funds — Empowerment Zone Debt Service Fund (O 618-96) ...... 1208 Amend Section 2 of Ordinance No. 1140-95 passed — July 19, 1995 — contract computer system chassis (O 871-96)...... 1224 Amend Section 345.04 — prohibited in general industry Districts (O 146-96)...... 1192 Amend Section 507.99 — Codified Ordinances 1976 — amended Ordinance No. 2417-90 passed June 17, 1991 — relating to penalty — sidewalk obstructions and maintenance (O 197-96) ...... 1193 Amend Section 6 of Ordinance No. 200-88 — passed February 1, 1988 — amended by ordinance No. 1266-89 — passed May 1, 1989 (O 539-96) ...... 1204 Amend Sections 179.01, 179.03, 179.04, 179.09 and 179.11 — Amended ordinances 1748-80 passed October 8, 1980 — City Covenants — general bond ordinance — successor trustee (O 944-96) ...... 1229 Amend memorandums with City of Cleveland — City development program — expend funds — administered by Community Development (O 706-96) ...... 1214 Architectural services — inspect cladding for west and south — concourses and old tower exteriors (O 816-96) ...... 1219 1242 June 19, 1996 The City Record 113

Asphalt concrete and tack coat — labor costs for delivery — spreading and compacting (O 818-96) ...... 1219 Authorizing Director of Economic Development — accept Section 108 — Loan from United Stated — Housing Urban Development — provide economic assistance — Hampton Inn — East 9th Street and Superior Avenue — enter Contract 1460 9th (O 151-96) ...... 1171 Authorizing Parks, Recreation and Properties — enter into and execute — amendment to lease — Garden center — Wade Park Oval — Garden Center of Greater Cleveland changed its name — Cleveland Botanical Garden — repeal Ordinance No. (O 87-96) ...... 1191 Authorizing and Directing — purchase by requirement contract — fleet washing (O 258-96) ...... 1171 Authorizing the Director of Economic Development — enter into contract — Cleveland Cuyahoga County Port Authority — provide economic development assistance — acquisition and relocation of J.C. Hub — located East 36th Street & Chester (O 368-96) ...... 1193 Bidding with Ameritech Ohio — Centrex service (O 830-96)...... 1220 Block Grant Funds — Senior Homeowners Assistance (O 704-96) ...... 1213 Cleveland Action Support Housing — new housing construction and commercial redevelopment — loan program (O 705-96) ...... 1214 Cleveland Housing Network — low income housing (O 703-96) ...... 1213 Cleveland Housing Network — provide economic development loan (O 1165-96) ...... 1139 Cleveland Recycling Center — provide economic development assistance — machinery and equipment — relocate facility — East 131st (O 757-96) ...... 1216 Competitive bidding — Finley Fire Equipment (O 767-96) ...... 1172 Competitive bidding — Sutphen Corporation (O 768-96) ...... 1172 Construction Management services — projects funded through HUD Section — 108 Loans (O 860-96) ...... 1222 Contract — Castle Precision Industries — provide economic development assistance to partially finance (O 1012-96) ...... 1175 Contract 1997 criminal and civil filing system (O 1041-96) ...... 1177 Contract Emerald Research Park, Ltd. — provide economic development assistance to partially finance (O 1028-96) ...... 1176 Contract Environmental Careers Organization, Inc. (O 1038-96) ...... 1177 Contract agencies to provide housing commercial — real estate development CDBG Year XXII (O 923-96) ...... 1174 Contract agencies to provide social service program CDBG Year XXII (O 921-96) ...... 1173 Contract labor and Material — maintain and replace interior plants — landscape exterior sites (O 627-96) ...... 1209 Contract labor and materials needed to repair rear loading packer bodies (O 1018-96)...... 1176 Contract labor and materials to repair compactors, tire shredder and push pits (O 1019-96)...... 1176 Contract of automobile and truck oils and lubricants (O 1017-96) ...... 1176 Contract of cold mix material (O 812-96) ...... 1218 Contract of computer supplies (O 1042-96) ...... 1177 Contract of labor and materials necessary to execute de-icing collection services (O 1029-96)...... 1236 Contract of one breathing air compressor and appurtenances — Fire Division (O 825-96) ...... 1172 Contract with MALCO Incorporated — provide economic development assistance to partially (O 1035-96)...... 1177 Contract with Memphis Fulton Associations — provide economic development assistance (O 1043-96)...... 1177 Contract with Ohio Power Company — professional services and equipment and materials — provide engineering, analyses and other services (O 1186-96) ...... 1150 De-icing agents and materials — not to exceed two years (O 820-96)...... 1220 Declaring intention to vacate — portion of McLean Court N.W. (R 653-96) ...... 1187 Declaring property — located at 2654 Lisbon Road blighted premises — pursuant Section 324.01 through 324.16 — Codified Ordinances — Authorizing Director Community Development — acquire blighted premises (O 144-96)...... 1170 Declaring the property located at 9817-19 North Boulevard — Section 324.01 through 324.16 — acquire the blighted — Famicos Foundation (O 632-96)...... 1171 Determining the method — public improvement constructing — salt storage building — associated appurtenances — Cleveland Hopkins International Airport (O 628-96) ...... 1209 Determining the method — removing asbestos and asbestos containing materials various sites (O 929-96) ...... 1175 Electric meter equipment — terminal sites (O 875-96) ...... 1226 Electrical supplies, materials and equipment — City facilities — Division of Property Management (O 759-96) ...... 1217 Employ one or more — professional consultants — provide service to perform various studies — analysis reports — operation of airports and the harbor (O 629-96) ...... 1210 Enacting new section 135.54 — obtaining access to computerized law enforcement information (O 1036-96) ...... 1177 Enter into contract with Malco, Inc. (O 1216-96)...... 1163 Enter into contract with Ohio Power Company (O 1187-96) ...... 1150 Enterprise Zone Agreement with Charter One Bank — ten year abatement (O 1044-96) ...... 1177 Graffiti removal services — not limited to city buildings monuments, parks, and playground equipment (O 761-96) ...... 1217 1243 114 The City Record June 19, 1996

Grant - Byrne Memorial — Teen Court Program (O 872-96) ...... 1173 Grant — Ohio Department of Natural Resources — 1996 NatureWorks — Round 3 Grant — Contract Cleveland Bicentennial Commission (O 870-96)...... 1224 Grant — Ohio Department of Public Safety — Emergency Medical Services — 1996 Ohio EMS Grant (O 827-96) ...... 1172 Grant — U.S. Department of Justice for 1996-97 — Caribbean/Gang Task Force (O 824-96) ...... 1172 Grant funds to enter into all contracts — Hough Area Partners in Progress — Glenville Development Corporation (O 1027-96) ...... 1176 Housing development entities — implement the Housing Trust Fund Program (O 922-96) ...... 1174 Install rebuilt gasoline and diesel engines — Motor Vehicle Maintenance Division (O 1013-96)...... 1175 Install telecommunications system (O 919-96) ...... 1173 Insurance on computer equipment (O 937-96) ...... 1229 Insurance sale of bonds — $2,150.000 funds — Cleveland Convention Center (O 943-96) ...... 1175 International Business Machines Corporation — IBM Model 38385 IBM non-impact printer (O 936-96) ...... 1229 Issuance and Sale of Bonds — Maximum Principal 18,605,000 — providing funds to improve municipal street (O 938-96) ...... 1178 Issuance and sale Bonds maximum principal amount $1,130,000 — providing funds for public improvement streets (O 939-96)...... 1178 Issuance and sale of bonds — $3,160,000 improving funds for building and structures housing (O 940-96) ...... 1175 Issuance and sale of bonds — $4,955.000 improve Municipal Recreation (O 941-96) ...... 1175 Issuance and sale of bonds — $45,000,000 advance refund (O 942-96) ...... 1178 Issuance of Parking Facilities Refunding revenue Bonds — maximum aggregate $85,000,000 (O 1023-96)...... 1176 Land Reutilization Program — located on Ohio Avenue and 15209 Lincoln Avenue (O 1030-96)...... 1177 Lease of hanger space for police aircraft — aviation fuel — Police Division (O 826-96) ...... 1172 Lease option — purchase trucks, vans, passenger cars and heavy equipment (O 918-96) ...... 1173 Lease requirement contract golf carts at Seneca — Highland Golf Course (O 1024-96)...... 1235 Levy assessments — encroaching Old River Road — St. Clair Avenue — extending north to Front Street (O 869-96) ...... 1223 Meyer snow plow and spreader parts (O 1016-96)...... 1176 Moral Claims — Finance Director — pay (O 1116-96)...... 1178 National City Bank 12.6 acres — located Village of Highland Hills — 15.0 acres within first five years (O 924-96) ...... 1174 Nolasco Housing Corporation — designee to provide financial assistance — Community Development Float Loan (O 814-96) ...... 1218 Non-profit development — provide grants — small neighborhood — street clubs, block clubs and other community improvement (O 702-96) ...... 1172 North American Morpho Systems, Inc. — lease of automated fingerprint System (AFIS) (O 716-96) ...... 1215 Parking lot operators located off airport — conducts the companies business (O 876-96) ...... 1226 Payment of membership dues of the City of Cleveland Build up Greater Cleveland for the year 1996 (O 1193-96) ...... 1152 Permit — Cox Cable Cleveland Area, Inc. — Construct coaxial and fiber optic — encroach into right-of-way streets (O 650-96) ...... 1213 Permit — Playhouse Square Foundation — encroach into public right-of-way — Huron Road S.E. at East 14th — Euclid Avenue — Public Plaza — Concession Stand (O 714-96) ...... 1214 Playhouse Square Foundation — Cleveland Theatre District — term not to exceed — twenty-five years (O 635-96) ...... 1210 Public improvement of replacing Edgewater pump station (O 1185-96)...... 1150 Purchase by requirement contract of tires (O 1014-96) ...... 1176 Purchases by requirement contract — automotive and truck parts (O 1015-96) ...... 1176 Safety modifications to escalators — Cleveland Hopkins International (O 536-96) ...... 1202 Triad Partners Limited — assistance to partially finance — acquisition and construction — corporate headquarters — Federal Graphics (O 758-96) ...... 1216 Union-Miles Development Corp. — Lead-Based Paint — Low and Moderate income (O 718-96) ...... 1216 Upgrade the automated computer energy system — Cleveland Hopkins International Airport (O 819-96) ...... 1219 Urging U.S. Justice Department — move swiftly and utilize all resources — Urging U.S. Congress to establish Community Reinvestment Act monies (R 1226-96) ...... 1166

Great Lakes Museum

Urging operators Great Lakes Museum of Science and Technology — enter into pre-hiring recognition agreement with ticketsellers (R 1233-96) ...... 1169 1244 June 19, 1996 The City Record 115

Health Division

Accept grant from United States Department of Health and Human Services — Healthy Start Initiative Program (O 1194-96) ...... 1152 Amend Section 2 of Ordinance No. 1140-95 passed — July 19, 1995 — contract computer system chassis (O 871-96)...... 1224 Cleveland Housing Network — implementation of the Lead-based Paint Abatement (O 1040-96)...... 1177 Community-based organizations — implementation 1996 community lead exposure prevention project (O 829-96) ...... 1220 Contract Environmental Careers Organization, Inc. (O 1038-96) ...... 1177 Grant — Ohio Department of Health — 1996 State Childhood Lead poisoning Prevention Program (O 828-96)...... 1220 Medical Mobile Unit (O 1039-96) ...... 1177

Land Reutilization Program

Denison Avenue, 1921-1623 and West 34th Street, 3896-98 and West 36th Street, 3739 — Old Brooklyn Community Development Corporation (O 1110-96) ...... 1177 Miles Avenue, 9212, 9216 — Triumph the Church and Kingdom of God in Christ (O 1113-96)...... 1178 West 110th Street, 1320 — Nugent Brothers Renovation and Construction Company (O 1112-96)...... 1178 West 43rd Street, 3322, 3318 — Caren Meagher (O 1111-96) ...... 1178

Law Department

Agreement with Neighborhood Center Association — Implement educational, recreational and Cultural program (O 760-96) ...... 1217 Amend Section 2 and 4 — ordinance No. 82-96 passed April 1, 1996 — establish using Empowerment Zone Funds — Empowerment Zone Debt Service Fund (O 618-96) ...... 1208 Amend Section 507.99 — Codified Ordinances 1976 — amended Ordinance No. 2417-90 passed June 17, 1991 — relating to penalty — sidewalk obstructions and maintenance (O 197-96) ...... 1193 Amend memorandums with City of Cleveland — City development program — expend funds — administered by Community Development (O 706-96) ...... 1214 Authorizing and Directing — purchase by requirement contract — fleet washing (O 258-96) ...... 1171 Cleveland Action Support Housing — new housing construction and commercial redevelopment — loan program (O 705-96) ...... 1214 Cleveland Housing Network — low income housing (O 703-96) ...... 1213 Non-profit development — provide grants — small neighborhood — street clubs, block clubs and other community improvement (O 702-96) ...... 1172

Lease by Way of Concession

Continental Airlines, Inc. — Lease by Way of Concession — aircraft hangar and freight terminal facility — Cleveland Hopkins International Airport — Port Control Department (O 1106-96) ...... 1177

Liquor Permits

Almira Avenue, 8806 — New Application — Liberty Deli (F 1149-96) ...... 1133 Broadview Road, 2139 — objecting —transfer of ownership (R 1230-96) ...... 1168 Brookpark Road, 16120 — objection — transfer of ownership (R 1123-96)...... 1189 Chester Avenue, 1431 — New Application — Station Snack Shoppe (F 1147-96)...... 1133 East 123rd, 3071-77 — transfer of location — Kendrick Lounge (F 1146-96) ...... 1133 East 140th Street, 3258 — transfer of ownership — Kaiser Food Market (F 1151-96) ...... 1133 East 65th Street, 3664 — objecting — transfer of ownership (R 1232-96)...... 1169 Euclid Avenue, 18324 — objection — transfer of ownership (R 1120-96) ...... 1188 Euclid Avenue, 5405 — Stock Application — Midtown Leader Drug (F 1152-96) ...... 1133 Harvard Avenue, 5504 — objection — transfer of ownership (R 1124-96)...... 1189 Lake Shore Blvd., 16015 — objecting — transfer of ownership (R 1228-96)...... 1167 Memphis Avenue, 5200 — transfer of ownership — (F 1154-96)...... 1133 Mayfield Road, 12117 — objecting — transfer of location (R 1225-96) ...... 1166 Rocky River Drive, 4075 — transfer of ownership — 7-Eleven Food Store (F 1150-96) ...... 1133 Vincent Avenue, 711-15 — Stock Application — Theatrical Quarters (F 1153-96)...... 1133 West 23rd, 3893 — objecting — transfer of ownership (R 1231-96) ...... 1168 West 23rd, 3893 — transfer of ownership — Hilton Market (F 1148-96) ...... 1133

Moral Claims

Moral Claims — Finance Director — pay (O 1116-96)...... 1178 1245 116 The City Record June 19, 1996

Oath of Office

Lloyd L. Bratz — Commander of Community Policing (F 1158-96)...... 1134 Margaret A. Downing — Commander of Human Resources (F 1156-96) ...... 1133 Martin L. Flask — Deputy Chief of Field Operations (F 1157-96) ...... 1134

Ohio General Assembly

Urging Ohio General Assembly to enact deposit law glass bottles (R 1234-96) ...... 1170

Parks, Recreation and Properties Department

Accept an annual grant of cash or equipment — three years — NFL Charities in Cleveland (O 1172-96)...... 1144 Agreement with Neighborhood Center Association — Implement educational, recreational and Cultural program (O 760-96) ...... 1217 Alterations and modifications in Contract No. 46968 (O 1170-96) ...... 1143 Alterations and modifications in Contract No. 46581 (O 1169-96) ...... 1143 Alterations and modifications in Contract No. 46292 — Gateway North Garage with Donley’s Inc. (O 1168-96) ...... 1142 Amend Section 6 of Ordinance No. 200-88 — passed February 1, 1988 — amended by ordinance No. 1266-89 — passed May 1, 1989 (O 539-96) ...... 1204 Authorized the Year XXII Community Development — Block Grant — Community Development Department — Public Service — Parks, Recreation and Properties Department — enter into a contract — CDBG Year XXII (O 617-96) ...... 1171 Authorizing Parks, Recreation and Properties — enter into and execute — amendment to lease — Garden center — Wade Park Oval — Garden Center of Greater Cleveland changed its name — Cleveland Botanical Garden — repeal Ordinance No. (O 87-96) ...... 1191 Change name of Pier Park to George V. Voinovich Bicentennial Park (O 1604-95) ...... 1190 Contract No. 46525 for Gateway East Garage pedestrian bridge (O 1171-96) ...... 1144 Contract No. 47134 — Gateway North Garage electrical utility duct with Harrington Electrical (O 1191-96)...... 1151 Electrical supplies, materials and equipment — City facilities — Division of Property Management (O 759-96) ...... 1217 Execute and easement granting — 1460 Ninth Street — easement right property — located at East 9th & Rockwell (O 634-96) ...... 1172 Graffiti removal services — not limited to city buildings monuments, parks, and playground equipment (O 761-96) ...... 1217 Grant — Ohio Department of Natural Resources — 1996 NatureWorks — Round 3 Grant — Contract Cleveland Bicentennial Commission (O 870-96)...... 1224 Insurance sale of bonds — $2,150.000 funds — Cleveland Convention Center (O 943-96) ...... 1175 Issuance and sale of bonds — $3,160,000 improving funds for building and structures housing (O 940-96) ...... 1175 Issuance and sale of bonds — $4,955.000 improve Municipal Recreation (O 941-96) ...... 1175 Issuance of Parking Facilities Refunding revenue Bonds — maximum aggregate $85,000,000 (O 1023-96)...... 1176 Lease requirement contract golf carts at Seneca — Highland Golf Course (O 1024-96)...... 1235 Playhouse Square Foundation — Cleveland Theatre District — term not to exceed — twenty-five years (O 635-96) ...... 1210 Provide for control of blight and disease of shade trees by planting, trimming or removing shade trees (R 1227-96) ...... 1167 Purchase a site for a east side maintenance facility at 6410-12 Central Avenue (O 1164-96)...... 1139

Permits

Permit — Ministerial Day Care Association — encroach into public right-of-way — July 15, to September 30, (O 1173-96) ...... 1145 Permit — Ministerial Head Start Superior Academy — July 15, 1996 to August 15, 1996 (O 1213-96)...... 1162 Permit — Mt. Pleasant Community Council — July 15, 1996 to August 5, 1996 (O 1219-96)...... 1165 Permit — St. Ignatius High School — August 15, to September 15, 1996 (O 1221-96) ...... 1165 Permit — banner — June 11, 1006 — Office of Mayor White — U.S. Conference of Mayors — Service Department (O 1119-96) ...... 1237

Personnel and Human Resources Department

Enter into contract with Malco, Inc. (O 1216-96)...... 1163 Personnel and Human Resources — lease space at Rockwell Towers — term not exceed five years (O 1215-96)...... 1162

Plats

Subdivision Plat of lot No. 3 (F 1236-96)...... 1134 1246 June 19, 1996 The City Record 117

Port Control Department

Architectural services — inspect cladding for west and south — concourses and old tower exteriors (O 816-96) ...... 1219 Asphalt concrete and tack coat — labor costs for delivery — spreading and compacting (O 818-96) ...... 1219 Continental Airlines, Inc. — Lease by Way of Concession — aircraft hangar and freight terminal facility — Cleveland Hopkins International Airport — Port Control Department (O 1106-96) ...... 1177 Contract labor and Material — maintain and replace interior plants — landscape exterior sites (O 627-96) ...... 1209 Contract of labor and materials necessary to execute de-icing collection services (O 1029-96)...... 1236 De-icing agents and materials — not to exceed two years (O 820-96)...... 1220 Determining the method — public improvement constructing — salt storage building — associated appurtenances — Cleveland Hopkins International Airport (O 628-96) ...... 1209 Determining the method — removing asbestos and asbestos containing materials various sites (O 929-96) ...... 1175 Electric meter equipment — terminal sites (O 875-96) ...... 1226 Employ one or more — professional consultants — provide service to perform various studies — analysis reports — operation of airports and the harbor (O 629-96) ...... 1210 Enter agreement with parking lot operators — located off airport property in order to assess fees (O 1196-96) ...... 1154 Enter into agreements with parking lot — operators located off airport property — assess fees (O 1214-96) ...... 1162 Improvement of renovating tenant — Cleveland Hopkins International Airport (O 817-96) ...... 1219 Parking lot operators located off airport — conducts the companies business (O 876-96) ...... 1226 Proferring certain representations — Trust Indenture — City of Cleveland — trustee and authorizing — Director of Port Control — apply bond trustee for land release (O 348-96) ...... 1171 Proferring certain representations — purposes trust indenture — City of Cleveland — trustee and authorizing — Director of Port Control — apply bond trustee for land release (O 349-96) ...... 1171 Refurbish the exterior — Burke Lakefront Airport — terminal (O 928-96) ...... 1175 Safety modifications to escalators — Cleveland Hopkins International (O 536-96) ...... 1202 Upgrade the automated computer energy system — Cleveland Hopkins International Airport (O 819-96) ...... 1219

Public Health Department

Union-Miles Development Corp. — Lead-Based Paint — Low and Moderate income (O 718-96) ...... 1216

Recognitions

Madison, Julian C. P.E. (R 1245-96)...... 1134 Officer Kornatowski, David M. (R 1246-96)...... 1134

Repealed Ordinances and Resolutions (Noncodified)

Amend title, Section 2 and Section 4 of Ordinance No. 756-95, passed May 22, 1995 — constructing and reconstructing sidewalks, handicap ramps and curbing — Service Department (O 1118-96) ...... 1236

Reports

Cleveland Foundation — 1995 Annual Report (F 1159-96) ...... 1134 Northeast Ohio Regional Sewer District (F 1160-96) ...... 1134

Resolutions — Miscellaneous

Supporting the right of all workers, in both the public and private economic sectors to union representation, along with the State of Ohio’s collective bargaining law for public employees (R 1130-96) ...... 1190

Safety Department

Amend Sections 605.14, 605.141 and 605.142 — as amended by various ordinances relating to curfew (O 1831-95)...... 1190 Block Grant funds — Community Response Unit — Street Crime Unit (O 930-96) ...... 1175 Competitive bidding — Finley Fire Equipment (O 767-96) ...... 1172 Competitive bidding — Sutphen Corporation (O 768-96) ...... 1172 Contract of maintenance on radio equipment — one year with a one year option (O 1192-96)...... 1152 1247 118 The City Record June 19, 1996

Contract of one breathing air compressor and appurtenances — Fire Division (O 825-96) ...... 1172 Enacting new Section 135.47 — reimbursement by Cuyahoga County costs of police officer — jail population reduction project — Safety Department (O 370-96) ...... 1194 Enacting new section 135.54 — obtaining access to computerized law enforcement information (O 1036-96) ...... 1177 Grant - Byrne Memorial — Teen Court Program (O 872-96) ...... 1173 Grant — Ohio Department of Public Safety — Emergency Medical Services — 1996 Ohio EMS Grant (O 827-96) ...... 1172 Grant — U.S. Department of Justice for 1996-97 — Caribbean/Gang Task Force (O 824-96) ...... 1172 Lease of hanger space for police aircraft — aviation fuel — Police Division (O 826-96) ...... 1172 Mutual aid contract — City of Shaker Heights, Ohio — police protection activities — Safety Department (O 1127-96) ...... 1237 North American Morpho Systems, Inc. — lease of automated fingerprint System (AFIS) (O 716-96) ...... 1215 Urging the Administration — implement tough enforcement of City’s curfew laws (R 1229-96) ...... 1168

Service Department

Amend title, Section 2 and Section 4 of Ordinance No. 756-95, passed May 22, 1995 — constructing and reconstructing sidewalks, handicap ramps and curbing — Service Department (O 1118-96) ...... 1236 Authorized the Year XXII Community Development — Block Grant — Community Development Department — Public Service — Parks, Recreation and Properties Department — enter into a contract — CDBG Year XXII (O 617-96) ...... 1171 Authorizing the Director — Public Service — issue a permit — Regency House Limited Partnership — encroach into East 9th St. and Superior Ave — canopies, awnings — overhangs construction Hampden Inn (O 367-96) ...... 1171 Contract No. 48530 — amendment — Kenmore Construction Company — extend term of existing contract for pavement grinding and project signs — Service Department (O 1117-96) ...... 1236 Contract labor and materials needed to repair rear loading packer bodies (O 1018-96)...... 1176 Contract labor and materials to repair compactors, tire shredder and push pits (O 1019-96)...... 1176 Contract of automobile and truck oils and lubricants (O 1017-96) ...... 1176 Contract of cold mix material (O 812-96) ...... 1218 Declaring intention — vacate a portion of East 102nd Street (R 492-96) ...... 1186 Declaring intention to vacate — Girard Street (R 562-96) ...... 1187 Declaring intention to vacate — Indianola Avenue S.E. (R 558-96) ...... 1187 Declaring intention to vacate — portion of McLean Court N.W. (R 653-96) ...... 1187 Declaring the intention — vacate a portion of West 26th Place (R 654-96) ...... 1187 Declaring the intention to vacate a portion — First Unnamed Alley East of East 93rd Street (R 1203-96) ...... 1157 Declaring the intention to vacate portion of Giles Road and Sprecher Avenue (R 1200-96) ...... 1156 Declaring the intention to vacate portion of East 90th Street (R 1201-96)...... 1156 Declaring the intention to vacate Mann Avenue (R 1202-96) ...... 1157 Exceed thirty five computers — not to exceed four printers (O 1163-96) ...... 1139 Install rebuilt gasoline and diesel engines — Motor Vehicle Maintenance Division (O 1013-96)...... 1175 Issuance and Sale of Bonds — Maximum Principal 18,605,000 — providing funds to improve municipal street (O 938-96) ...... 1178 Issuance and sale Bonds maximum principal amount $1,130,000 — providing funds for public improvement streets (O 939-96)...... 1178 Land Reutilization Program — located on Ohio Avenue and 15209 Lincoln Avenue (O 1030-96)...... 1177 Laying, relaying and repairing of sidewalks and curbing on certain streets — Service Department (R 1122-96)...... 1188 Lease option — purchase trucks, vans, passenger cars and heavy equipment (O 918-96) ...... 1173 Levy assessments — encroaching Old River Road — St. Clair Avenue — extending north to Front Street (O 869-96) ...... 1223 Levy assessments — encroaching Prospect Avenue — East 9th Street extending East 55th Street — East 4th Street (O 873-96) ...... 1224 Levy assessments — encroaching Prospect Avenue — Ontario Street extending East 9th Street — South side Prospect — East 4th Street and East 6th Street (O 874-96) ...... 1225 Memorializing — change the name of Brookside Park Drive to — Wildlife Way (R 652-96) ...... 1187 Meyer snow plow and spreader parts (O 1016-96)...... 1176 Permit — Cox Cable Cleveland Area, Inc. — Construct coaxial and fiber optic — encroach into right-of-way streets (O 650-96) ...... 1213 Permit — New Village Corporation — construct an ornamental fence — encroach into Central Avenue S.E. — East 36th and East 37th — Central Commons Subdivision No. 4 (O 418-96)...... 1197 1248 June 19, 1996 The City Record 119

Permit — Playhouse Square Foundation — encroach into public right-of-way — Huron Road S.E. at East 14th — Euclid Avenue — Public Plaza — Concession Stand (O 714-96) ...... 1214 Permit — banner — June 11, 1006 — Office of Mayor White — U.S. Conference of Mayors — Service Department (O 1119-96) ...... 1237 Purchase by requirement contract of tires (O 1014-96) ...... 1176 Purchases by requirement contract — automotive and truck parts (O 1015-96) ...... 1176 Tire repair road service — Division of Motor Vehicle Maintenance (O 756-96) ...... 1216 Urging U.S. Justice Department — move swiftly and utilize all resources — Urging U.S. Congress to establish Community Reinvestment Act monies (R 1226-96) ...... 1166 Vacate portions — East 69th Street — East 70th (R 430-96) ...... 1186

Stadium

Enter into First Amendment to contract between City of Cleveland and the National Football League (O 1235-96) ...... 1178

Statement of Work Acceptance

Contract No. 47652 — installation and replacement of curbing, apron and ramp (F 1155-96) ...... 1133

Utilities Department

Alterations and Modification Contract No 48230 — Crown-Morgan Interconnect Program (O 1217-96)...... 1163 Contract not to exceed — five heavy duty vehicles — Water Pollution Control Division (O 822-96) ...... 1178 Contract with Ohio Power Company — professional services and equipment and materials — provide engineering, analyses and other services (O 1186-96) ...... 1150 Enacting new Section 129.153 — regulation of tree trimming (O 1439-94) ...... 1170 Enacting new Sections 129.35 and 129.36 — establishing Office of Radio Communications System Management Communication System — 800 MHz Radio — Utilities Department (O 1227-95)...... 1170 Enter into contract with Ohio Power Company (O 1187-96) ...... 1150 Install telecommunications system (O 919-96) ...... 1173 Public improvement of replacing Edgewater pump station (O 1185-96)...... 1150

YMCA - Central Branch

Central YMCA Branch — Section 108 Loan — renovation — East 22nd and Prospect Avenue — Community Development Department (O 1139-95) ...... 1170

Zoning

Change District — located between E. 40 street — E. 46 street — 154.50’ — south of Carnegie Avenue (O 491-96)...... 1197 Establish — Planned Unit Development Overlay District — located at 1448 Dexter Place (O 557-A-96)...... 1208

1249 120 The City Record June 19, 1996

PPPP June 19, 1996 The City Record 121

PPPP 122 The City Record June 19, 1996

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